bluuebunny/crossref_metadata_2025_split huggingface dataset:
Delicts and ‘Quasi-delicts’ on the Map of Roman Law
Authors: Descheemaeker Eric 
Published: September 2009

Abstract
This chapter explains where delicts and ‘quasi-delicts’ fitted on the map of Roman law. It first looks at the interrelated notions of contractus (contract), delictum(delict or wrong), and obligatio (obligation), explaining how they emerged from the actional structure of Roman law and how they came to be assembled in a triangular relationship in Gaius' institutional scheme, contract and wrong being regarded as the two groups of causative events from which obligations arise. The chapter then considers how the twofold classification became fourfold in Justinian's Institutes, with the appearance of obligations said to be quasi ex contractu (as if from a contract) and quasi ex delicto (as if from a wrong). This, it is argued, suggests a contraction over the course of time of the Roman concept of delictum.
Conclusion
Authors: Descheemaeker Eric 
Published: September 2009

Abstract
This concluding chapter brings together the different threads of the book, recapitulating how Roman law upheld a strong division between fault-based and no-fault liability; how this division was misunderstood by modern French law, causing it severe taxonomical difficulties in the process; and how English law could derive from the civilian experience a partial remedy to the problems currently posed by the existence in its fold of intersecting wrongs, if it decided to switch throughout to a structure based on the degree of fault required in its various liability-creating events.
2 Economy
Authors: Mileson S. A. 
Published: September 2009

Abstract
This chapter examines the evidence for the economic exploitation of parks and provides an assessment of its significance. By contrast with the many studies which emphasize the importance of the material and agrarian uses to which parks were put, it argues that economic exploitation was only incidental to the creation of parks. Timber extraction, fuel wood production, fish and rabbit farming, stock-grazing, and venison production are all examined, as well as the limited extent to which active deer parks were used for arable farming. The idea of parks being used much more productively in the later middle ages is challenged.
5 Parks and the Crown
Authors: Mileson S. A. 
Published: September 2009

Abstract
Medieval kings are traditionally thought to have asserted wide powers over their subjects' creation of hunting reserves, not least through the establishment of forest law over large parts of the country. This chapter re-examines the accepted idea that the royal government closely controlled park-making through a system of licences. It shows that the majority of parks were created without licences and that where licences were obtained the initiative almost invariably came from the petitioner, rather than the crown. Forest law was of limited importance in restricting park creation, and there was little attempt to limit park numbers in general. A more nuanced picture of the nature of the royal interest in private parks is provided, including the ways in which kings helped to protect their subjects' reserves. The chapter also provides a re-assessment of the early chronology of park-making as part of the analysis of royal policy towards parks.
6 Parks and the Aristocracy
Authors: Mileson S. A. 
Published: September 2009

Abstract
This chapter explores the way in which park-making affected relations between members of the aristocracy. It looks at the way in which hunting and the creation of hunting reserves could unite the landed elite in the pursuit of a common leisure interest, before laying bare the extent to which the creation of parks could lead to conflict among nobles and gentry. Part of the problem was of patronage and access to park offices, but more important was the way in which the creation of parks could disrupt existing hunting practices and interfere with the established ‘landscape of lordship’. The chapter examines the way in which the multiplication of hunting franchises may have threatened the social position of great lords, as well as the extent to which parks could become the focus for aristocratic feuds.
Introduction
Authors: Hogan Linda 
Published: September 2009

Abstract
This introductory chapter discusses the contours of the liberal polity with specific reference to the role of religious voices therein. It suggests that the contemporary world is simultaneously secular and religious, noting that that the context in which liberal societies must function is one in which there is no prospect of religion disappearing nor of citizens agreeing on the fundamental principles of justice and of social order. The chapter highlights the range of perspectives evident in the collection through which the relationship between religion and politics in the liberal polity is discussed. There is a specific concern to assess the merits of Rawl's overlapping consensus, advanced through public reason, as the way by which the identification of such principles can be achieved.
11 Religion, Rhetoric, and Running for Office
Authors: Stiltner Brian , Michels Steven 
Published: September 2009

Abstract
Political campaigning has received relatively scant attention in the literature on public reason. This chapter examines the rhetoric of the four major candidates for U.S. president in 2008. These candidates serve as case studies of how American politicians present religious identities in public and how they address controversial issues concerning religion. It argues that while none of the candidates violated the basic requirements of public reason in their use of religious language, some of them created difficulties for themselves by using inauthentic or sectarian language. The candidacy of Barack Obama demonstrated the value of a capacious approach to public reason, an approach that makes connections between public purposes and the values that candidates and citizens hold dear.
Description of the Corpus
Authors: Glasner Ruth 
Published: September 2009

Abstract
Averroes wrote three commentaries on Aristotle's Physics, short (or epitome) middle, and long. He also wrote a book on questions in physics. The present book is based mainly on these four texts. Chapter 1 is a description of the four texts, their structure, and the available manuscripts, editions, and translations. Only the short commentary is extant in Arabic. The long commentary is commonly known via the medieval Latin translation. All three commentaries as well as the questions in physics are extant in medieval Hebrew translations. Without studying all these texts it is impossible to understand the development of Averroes' physics and to appreciate his achievement.
The Turning Point of PhysicsVI: The Breakdown of Motion
Authors: Glasner Ruth 
Published: September 2009

Abstract
Aristotle addresses the concept of motion in books III, V, and VI of the underline Physics from different perspectives, and offers three different definitions or construals of this concept. This chapter shows how Averroes reworks all three definitions and in fact tears down completely Aristotle's concept of motion as a continuous entity. The discussion focuses mainly on the divisibility argument of underline Physics VI.4: “everything that changes must be divisible” and on the definition of motion as perfection (underline entelecheia) in Physics III.1. In both contexts Averroes offers an alternative interpretation of motion as a contiguous chain of intermediate motion segments. He introduces a new distinction between final and intermediate termini that leads the way to the conception of motion as forma fluens.
Summary and Conclusion
Authors: Glasner Ruth 
Published: September 2009

Abstract
The three turning points that were studied in chapters 6‐8 are facets of a major turning point in Averroes' thought that led to the consolidation of his ‘Aristotelian atomism’. Chapter 9 examines the arguments that were made in the previous three chapters about dating of this turning potint, and whether it was associated with the writing of the middle commentary or with the writing of the long. The data is very confusing. The conclusion, stated in Chapter 9, is that the turning point could have been influenced by his arguments with the mutakallimūn around 1180 and that Averroes worked out his new physics when he was writing the long commentary. At this stage he looked for the writings of Alexander and tried to find support in them. The revisions of all three commentaries were made after the writing of the long commentary.
Conflicts of Rights in the European Union
Authors: Torres Pérez Aida 
Published: September 2009

Abstract
This book focuses on the potential for conflict between overlapping constitutional and EU fundamental rights. When constitutional and EU rights overlap and the respective interpretations diverge, state courts are asked to follow the standard of protection defined by the European Court of Justice (ECJ). The ECJ's claim to normative authority needs to be justified. This book advocates a theory of supranational judicial authority grounded in the ideal of dialogue. At the outset, it is argued that traditional approaches to constitutional conflicts based upon supremacy should be overcome. A pluralist framework for structuring the interaction between legal systems in the EU not only offers a better account of reality, but it should be welcomed normatively as well. In this context, the ideal of dialogue will contribute to a better understanding and theorizing of the interaction between national and supranational courts interpreting fundamental rights. Despite multiple and varied references to dialogue in the literature, mostly from a descriptive standpoint, there has been no thorough and rigorous account establishing its legitimating potential regarding ECJ adjudication of fundamental rights norms. This book offers a theoretical account of how the legitimacy of ECJ's authority in adjudicating fundamental rights might be grounded in the ideal of dialogue. The arguments underpinning the legitimating potential of dialogue and the prerequisites for judicial dialogue are explored. Thereafter, the implications of dialogue for the mode of judicial reasoning in interpreting fundamental rights are analyzed. Such a theory of supranational judicial authority would serve as a normative model to assess the activity of the ECJ and to improve current institutional practices.
Introduction
Authors: Pérez Aida Torres 
Published: September 2009

Abstract
This Introduction outlines the contents of the book. The first part of the book identifies the object of the book's inquiry and place the project in the context of the plurality of systems protecting fundamental rights in Europe. The second part of this book advances the adoption of a pluralist framework for the interplay of fundamental rights law in the EU. Current institutional models addressing rights' conflicts in the EU are critically analysed. The third part contains the core of the book. It spells out the proposed theory of supranational adjudication in the EU. This book seeks to demonstrate that dialogue may provide the conceptual model for the European Court of Justiceɶs (ECJ) legitimacy in adjudicating fundamental rights. The book revolves around two main themes: constitutional pluralism, as the framework of institutional interaction in the EU; and dialogue, as the source of the ECJ's legitimacy in adjudicating fundamental rights.
Multilevel Protection of Rights in Europe
Authors: Pérez Aida Torres 
Published: September 2009

Abstract
This chapter places this book's project in the context of the plurality of systems protecting fundamental rights in Europe. In Europe, there are at least three spheres of rights protection: the states, the EU, and the European Convention on Human Rights. Each of these systems includes a bill of rights and a specific court with the supreme authority to interpret them: state constitutional (or supreme) courts, the ECJ, and the European Court on Human Rights. The European Court on Human Rights has created a quasi-constitutional European order of human rights. Although this work will focus on the interplay between state courts and the ECJ, the existence of the European Convention and its Court should not be ignored for a complete picture of the multilevel system of rights protection in Europe.
From Hierarchy to Pluralism
Authors: Pérez Aida Torres 
Published: September 2009

Abstract
This chapter critically analyzes current institutional models addressing rights' conflicts in the EU. Much of the academic debate has focused on whether state constitutions or EU Treaties should be regarded as the supreme law of the land; and whether constitutional courts or the ECJ should have the final say in case of conflict. The chapter seeks to demonstrate the shortcomings of hierarchical models relying on supremacy as the principle structuring interaction between norms protecting rights. In addition, this chapter shows that specific proposals formulated from non-hierarchical approaches are unsatisfactory as well. Even though these specific proposals are rejected, a pluralist framework regarding the structure of power in the EU is advanced. As such, a pluralist model furthers the opportunity to overcome the dangers of exacerbated state sovereignty by fragmenting public power among several institutions beyond the state. At the same time, a pluralist model limits the excesses of concentrating power at the supranational level by establishing mutual checks and balances between the national and supranational orders.
A TRIBUTE TO CHRISTOPH SCHREUER
Authors: Neuhold Hanspeter 
Published: September 2009

AbstractThis chapter presents a brief tribute to Christoph Schreuer as a distinguished scholar and personal friend. The chapter details a close friendship with Schreuer dating back to the 1980s, when together with Waldemar Hummer, the first version of the Austrian Handbook of International Law in 1983 was edited. The chapter says that Schreuer is not only an outstanding expert on international law but has acquired a remarkable Allgemeinbildung, which the translation ‘general knowledge’ does not adequately express; at the same time, he is a gentleman, the chapter states, a type of person for which no adequate German word exists.
MOST FAVOURED NATION CLAUSES AND JURISDICTIONAL CLAUSES IN INVESTMENT TREATY ARBITRATION
Authors: Tawil Guido Santiago 
Published: September 2009

AbstractThis chapter considers some of the controversial issues addressed by different arbitral tribunals concerning the application of most favoured nation (MFN) clauses to dispute settlement. It begins with a brief discussion on the concept, origin, and purpose of MFN clauses. It then discusses the application of MFN clauses to dispute settlement.
MFN CLAUSES AND DISPUTE RESOLUTION IN INVESTMENT TREATIES: HAVE WE REACHED THE END OF THE ROAD?
Authors: Hobér Kaj 
Published: September 2009

AbstractThis chapter focuses on the role of the most-favoured-nation (MFN) clause in the BIT. It considers the RosInvest decision, which is believed to be the first case where an arbitral tribunal has allowed a claimant to use an MFN clause in one treaty to incorporate the dispute settlement clause in another treaty. It argues that although the decision breaks new ground, it is unlikely that we have reached the end of the road as regards the debate about the effects of MFN clauses in BITs because most MFN clauses are different from each other and must be interpreted against the background of the facts and circumstances of each individual case.
CONSENT AND DUE PROCESS IN MULTIPARTY INVESTOR-STATE ARBITRATIONS
Authors: Lamm Carolyn B. , Pham Hansel T. , Meise Bay Alexandra K. 
Published: September 2009

AbstractThe last decade has seen a significant rise in the number of international arbitrations involving three or more parties. In the interest of efficiency and consistency, arbitral institutions have sought to manage and coordinate these multiparty arbitrations. This chapter discusses the fundamental need for consent as well as the various due process issues that may arise in such multiparty investment treaty arbitrations, with special reference to the procedures and proceedings before the International Centre for Settlement of Investment Disputes (ICSID), the Iran-United States Claims Tribunal, and North American Free Trade Agreement (NAFTA) arbitral tribunals.
BRIDGING THE CONTRACT/TREATY DIVIDE
Authors: Sinclair Anthony 
Published: September 2009

AbstractThis chapter begins by addressing the drafting approaches found in investment protection treaties that appear to provide a basis for investment-related State contract disputes to be submitted by an investor to a treaty-based arbitral tribunal for determination. It then addresses the competence of treaty-based arbitral tribunals to determine contractual claims per se. Finally, it reviews the publicly available arbitral practice on the prospect that contractual claims may be determined pursuant to generic investment treaty dispute settlement provisions.
MONITORING OF DOMESTIC COURTS IN BIT ARBITRATIONS: A BRIEF INVENTORY OF SOME ISSUES
Authors: Liebscher Christoph 
Published: September 2009

AbstractThis chapter considers the issues that arise when the activity (or inactivity) of domestic courts becomes an issue in investment arbitration. Topics covered include types of ‘denial of justice’; two preliminary issues for an investor seeking redress against the host State — a fork in the road provision and an (implied) waiver of the BIT arbitration offer; when to go to arbitration; and whether an objection in domestic proceedings is necessary in order to preserve an error for review by international arbitration.
ARBITRATOR INDEPENDENCE IN ICSID ARBITRATION
Authors: Sheppard Audley 
Published: September 2009

AbstractICSID prescribes that the ICSID arbitrator must ‘be relied upon to exercise independent judgment’. This chapter begins by comparing this requirement with the formulation found in other arbitral rules and various national laws. It then considers the decisions in both ICSID and other arbitrations concerning challenges, based on (i) the relationship between an arbitrator and a party; (ii) the relationship between an arbitrator and a counsel; and (iii) issue and subject matter conflict. The chapter concludes by recommending that the legal test and procedure for determining arbitrator challenges in ICSID proceedings should be changed.
PROVISIONAL MEASURES IN RECENT ICSID PROCEEDINGS: WHAT PARTIES REQUEST AND WHAT TRIBUNALS ORDER
Authors: Malintoppi Loretta 
Published: September 2009

AbstractThis chapter provides an overview of recent ICSID decisions on provisional measures in an attempt to identify the common approaches adopted by arbitral tribunals in directing or recommending parties to maintain a certain conduct pending resolution of a dispute. The practice of ICSID tribunals shows that provisional measures are disposed of with reasonable speed. Depending on the circumstances, the delays range on average from a minimum of one month to a maximum of one year between the time a request is introduced and when an order is issued by a tribunal. From what can be ascertained from the cases decided to date, where tribunals' decisions relating to provisional measures have been made public, parties usually exchange written submissions and it is not uncommon for tribunals to convene brief oral hearings or hold conference calls specifically devoted to requests for provisional measures.
INHERENT POWERS OF NATIONAL AND INTERNATIONAL COURTS: THE PRACTICE OF THE IRAN-US CLAIMS TRIBUNAL
Authors: Weiss Friedl 
Published: September 2009

AbstractThis chapter begins with a brief overview of the concept of inherent powers. It then examines the relevant practice of the Iran–US Claims Tribunal (IUSCT). The IUSCT has assumed inherent powers in a great number of circumstances and procedural configurations. The evolution of its relevant practice exhibits two distinct, yet interrelated trends. At first it would seem the IUSCT merely claimed and reserved inherent powers without actually deploying them, primarily in the absence of authority provided by the Tribunal's Rules. Nonetheless, when it did make use of such powers, it felt the need for support drawn from the ample practice of similar courts and tribunals operating for ‘protracted periods’, as well as from academic writings. At a later stage, the IUSCT increasingly invoked its own prior decisions as precedents.
ON THE DENUNCIATION OF THE ICSID CONVENTION, CONSENT TO ICSID JURISDICTION, AND THE LIMITS OF THE CONTRACT ANALOGY
Authors: Garibaldi Oscar M. 
Published: September 2009

AbstractThis chapter argues that Professor Schreuer's interpretation of Article 72 is incorrect. The contract analogy, which is unobjectionable as an aid to explaining the basic workings of the consent regime, ceases to be useful when it dictates conclusions that are inconsistent with the text of Article 72 and the context of the ICSID Convention. At that point, applying the contract analogy to Article 72 becomes an instance, in the context of legal discourse, of what J. S. Mill called the fallacy of false analogies. Recent studies have spent more time on the development of alternative theories than on pointing out the limits of the contract analogy. Studies must not only offer an alternative analysis based on those rules of treaty interpretation, but show why the opposing theories are inadequate. The chapter presents an analysis of this issue supplemented with brief observations on the limits of the contract analogy and on the inadequacy of other theories that, though by no means attributable to Professor Schreuer, may tempt those searching for an extra-textual justification for interpreting ‘consent’ in Article 72 as an ‘agreement to arbitrate’.
STATE IMMUNITY AND THE ENFORCEMENT OF INVESTOR-STATE ARBITRAL AWARDS
Authors: Bjorklund Andrea K. 
Published: September 2009

AbstractThis chapter begins by describing the regimes set forth for the enforcement of awards under the ICSID Convention and under the New York Convention. Though the routes each prescribes are different, each refers the prevailing party in a dispute to the municipal legal system(s) of State parties to the treaties in the event of a losing party's refusal to pay an award. Successful investors in investment arbitrations governed by either regime can thus run into difficulties in attempts to recover assets that are protected by municipal laws on sovereign immunity with respect to execution. The chapter illustrates the pitfalls investors can face both because of the protections States enjoy due to State immunity and the complexity of the interaction between the New York Convention and municipal State immunity laws. It serves to demonstrate Professor Schreuer's prescience with respect to the perennially intractable nature of State immunity with respect to enforcement.
ENFORCEMENT OF ICSID AWARDS: ARTICLES 53 AND 54 OF THE ICSID CONVENTION
Authors: Alexandrov Stanimir A. 
Published: September 2009

AbstractThis chapter discusses Articles 53 and 54 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). Article 53's obligation to abide by and comply with an award is independent of the enforcement mechanisms provided for in Article 54. States cannot require that investors holding an award against the respondent State submit themselves to the procedures of Article 54 before an obligation to honour the award under Article 53 can arise. To allow this would be inconsistent with both the text and the drafting history of the ICSID Convention, would run counter to the practice of the vast majority of contracting States and the conclusions of ICSID tribunals, and would undermine the very foundation of the ICSID system.