bluuebunny/crossref_metadata_2025_split huggingface dataset:
Other Issues in WTO Treaty Interpretation
Authors: Van Damme Isabelle 
Published: September 2009

Abstract
This chapter discusses the Appellate Body's use of supplementary means of interpretation, other language versions, subsequent practice and agreements, and special meanings in interpreting the covered agreements. Previous chapters have touched on these issues and this chapter completes the analysis. Articles 31(3)(a)–(b), 31(4), 32, and 33 VCLT share the characteristic that they are as much concerned with the burden to proof the meaning of the treaty as they are with guiding the process of interpretation as such. Also, they often overlap with other principles of treaty interpretations discussed in other chapters of this book. The Appellate Body does not easily use supplementary means of interpretation, other language versions, subsequent practice, or special meanings on its own initiative. These principles of interpretation differ from the principles of contextual and effective interpretation, which the Appellate Body applies almost as a matter of course.
4 Archaeology, Demography, and Roman Economic Growth
Authors: Jongman Willem 
Published: September 2009

AbstractThis chapter probes the potential of archaeological data for a reconstruction of the demography of ancient Rome. Unfortunately demographic structure is hard to document archaeologically: to calculate ages of death from adult skeletons is a highly imprecise art. On the other hand, skeletons often tell us much about health and disease. Roman census data exist, but their interpretation is extremely controversial. Archaeological surveys suggest a pattern of dense habitation during the late Republic and early Empire. To translate such artefact densities into human densities remains a heroic endeavour, however. Not nearly so heroic, and at least as revealing, is to graph relative changes over time. In Italy, it seems, from the middle and late Republic, the population increased, to reach a peak in the 1st century BC and/or the 1st century AD, and to decline thereafter. Historically, this means that the population grew precisely in a period of rising prosperity.
9 Approaches to Quantifying Roman Trade
Authors: Wilson Andrew 
Published: September 2009

AbstractThis chapter reviews some possible ways to quantify trade in the Roman period, and their inherent methodological and evidential problems. While it is easy to demonstrate the existence of trade, especially long-distance trade, quantification is much more difficult, given the ways in which the archaeological record acts to filter what originally existed. The chapter looks at possible ways of identifying short-distance trade, and examines several case studies of longer distance trade. These include different interpretations of A. J. Parker's graphs of shipwrecks over time, and ways of analyzing an expanded wreck dataset in greater detail; the use of amphorae as a marker for trade; and the production and trade of salted fish, measured by production capacity of salting factories. Finally, it examines the approach of E. Fentress et al. to measuring trade in African Red-slip ware, and discusses the potential for applying this methodology to other classes of pottery.
6 Peopling Ancient Landscapes: Potential and Problems
Authors: Mattingly David 
Published: September 2009

AbstractThe explosion of archaeological field survey projects in the late 20th century has contributed to a general sense that rural settlement expanded considerably in many areas of the Roman Empire, but has not yet had much impact on overall demographic models and estimates for Roman population of provinces or the empire as a whole. Chapter 5 raises many points of fundamental importance for the debate about how best to mobilize the archaeological data. This chapter responds to Chapter 5 and focuses on potential problems of interpretation and methodology: issues relating to modelling settlement from archaeological site ‘numbers’, to the application of random sampling methods in Mediterranean survey, to the recoverability of rare upper-echelon and potentially abundant but elusive lower-order settlements, to the use of interpretative labels for ploughzone sites, to distinguishing evidence of absence from absence of evidence.
The Division of Wrongs
Authors: Descheemaeker Eric 
Published: September 2009

Abstract
The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called ‘delicts’ and the other ‘quasi-delicts’. Yet this division, which originated in Roman law, remains mysterious: it is clear neither where the line was drawn nor why a separation was made along this line. This book does two things. In the first two parts, it investigates the origins of the division and its development in a modern civilian jurisdiction, France. What is argued for is that the Roman dichotomy was originally one between fault (culpa)-based and situational liability, which was prompted by a historical contraction of the Roman concept of a wrong (delictum). French law, building on medieval interpretations of the division, redrew the line one level higher, between deliberate and negligent wrongdoing. By doing so, it involved itself in severe taxonomical difficulties, which the book explores. The third part of the work concerns itself with the significance of the civilian division of wrongs according to degrees of blameworthiness (dolus, culpa, casus) for the common law. A rather provocative thesis is developed, in effect, that there is a strong case for the adoption of a similar trichotomy as the first-level division of the English law of civil wrongs. From its formulary age, English law has inherited an unstable taxonomy where wrongs intersect. The existence of these mismatched categories continues to cause significant difficulties, which a realignment of causes of action along the above lines would allow to sort out.
Introduction
Authors: Descheemaeker Eric 
Published: September 2009

Abstract
The civilian tradition, as exemplified by Justinian's Institutes and the French Civil Code, has generally divided its law of civil wrongs into two categories, wrongs ‘proper’ and ‘quasi-wrongs’. Nowhere, however, does it state unambiguously the rationale, or even the content, of this dichotomy. The common law, on the other hand, has only ever had, in spite of some procedural divisions, one class of civil wrongs. From this observation, two questions arise, which will form the subject-matter of the book: How and why did the civilian tradition split up its law of wrongs, and what did it make of this division? What, if anything, could the common law learn from the civilian experience on this point?
Pothier and the French Civil Code
Authors: Descheemaeker Eric 
Published: September 2009

Abstract
This chapter looks at the division of wrongs into délits and quasi-délits in the most significant work of the French ancien droit, Pothier's Traité des obligations, and then in the Code civil of 1804. It explains how Pothier redrew the line between delicts and quasi-delicts one rung higher on the ladder of blameworthiness (between dolus and culpa rather than culpa and casus), thereby opening up a structural gap at the level of casus. The Civil Code, which does not define délits or quasi-délits, is invariably believed to have followed Pothier on this point, hence the modern French definition of délit as an intentional wrong and quasi-délit as a negligent wrong. A systematic study of the travaux préparatoires of the Code shows, however, shows that this assumption is mistaken, the draftsmen of the Code having in reality sat on the fence in respect of this question.
19th and 20th Century French Law
Authors: Descheemaeker Eric 
Published: September 2009

Abstract
This chapter explores the consequences of the structural gap created by the absence of a category corresponding to casus (or strict liability) in Pothier's scheme, meaning that all liability within the Civil Code is structurally supposed to be based on fault (faute). One principal consequence of this flaw is that it has pressured the meaning of ‘faute’ away from its historical sense of culpa and towards something akin to a breach of duty, which would be wide enough to encompass many instances of unblameworthy conduct. Before this, the chapter examines the remapping of the French law of civil wrongs which occurred in post-1804 legal scholarship, from the Code's twofold division into délits and quasi-délits to a new threefold structure, namely liability for one's own act, for the act of another and for the deeds of things. This change in structure has been instrumental in concealing a number of taxonomically unsound evolutions in the modern French law of wrongs.
Structuring the English Law of Wrongs
Authors: Descheemaeker Eric 
Published: September 2009

Abstract
This chapter starts with an explanation of why such a taxonomical exercise matters; and then looks at the two main models available to structure the law of wrongs, namely a right-based model and a fault-based model. It goes on to argue that a right-based structure has become impossible in the modern law, essentially because of the rise of the wrong of negligence; and that legal scholarship has in fact begun to act upon this realisation, gradually switching its arrangement of the area, if in a piecemeal manner, from a structure loosely based on rights (or interests) to one largely based on degrees of fault.
English Law and the Civilian Division of Wrongs
Authors: Descheemaeker Eric 
Published: September 2009

Abstract
This penultimate chapter examines the way in which English law could, and arguably should, draw on the experience of the civilian tradition to restructure its law of civil wrongs. The starting point is that it has inherited from its actional past causes of action ‘named so as to intersect’ (Birks), some wrongs being essentially defined in reference to a protected interest and others to a degree of fault. This causes real and significant trouble, as illustrated perhaps most clearly by the case of Spring v. Guardian. While a mere taxonomical rearrangement of the underlying law could not, in itself, cure these defects, straightening out the ‘props’ along which the law grows would make it possible to sort out, in time, the existing conflicts. Possible objections, both theoretical and practical, to the proposed reorganisation of the law are addressed in this chapter.
Parks in Medieval England
Authors: Mileson S.A. 
Published: September 2009

Abstract
Parks were prominent and, in fact, controversial features of the medieval countryside, but they have been unevenly studied and remain only partly understood. This book provides a full-length study of the subject, setting parks across England throughout the middle ages in their full social, economic, jurisdictional, and landscape context. The first half of the book investigates the purpose of these royal and aristocratic reserves, which have been variously claimed as hunting grounds, economic assets, landscape settings for residences, and status symbols. An emphasis on the aristocratic passion for the chase as the key motivation for park-making provides an important challenge to more recent views and allows for a deeper appreciation of the connection between park-making and the expression of power and lordship. The second part of the book examines the impact of park creation on wider society, from the king and aristocracy to peasants and townsmen. Instead of the traditional emphasis on the importance of royal regulation, greater attention is paid to the effects of lordly park-making on other members of the landed elite and ordinary people. These widespread enclosures interfered with customary uses of woodland and waste, hunting practices, roads and farming; not surprisingly, they could become a focus for aristocratic feud, popular protest and furtive resistance. By combining historical, archaeological, and landscape evidence this study provides insight into contemporary values and how they helped to shape the medieval landscape.
Introduction
Authors: Mileson S. A. 
Published: September 2009

Abstract
This chapter introduces the nature and significance of medieval parks and explains how they have been studied by previous scholars. It then sets out the many aspects of the subject which remain uncertain or controversial and makes clear the wider importance of the topic in terms of the history of medieval culture, jurisdiction, society, and economy. Two key questions are posed which the rest of the book will attempt to answer. Firstly, what was the purpose of parks? Were these royal and aristocratic reserves mainly important as hunting grounds, economic assets, ‘designed landscapes’, or status symbols? Secondly, what impact did these numerous private enclosures have on wider society? Did park creation pose more of challenge to the king and other lords, who had their own strong interest in game and hunting, or to peasants and townsmen, who wanted access to woods, pastures, roads, and fields?
1 Hunting
Authors: Mileson S. A. 
Published: September 2009

Abstract
This chapter looks at the importance of hunting to medieval kings and aristocrats and assesses its significance as a motivation for park creation. It argues that although there is limited evidence about lordly hunting practices, the aristocratic love of the chase was crucial to park-making and park maintenance throughout the middle ages. This interpretation runs counter to many recent studies which downplay the role of hunting as an elite pastime. The chapter also diverges from the often-repeated ideas that later medieval parks differed greatly in function from earlier parks and that these reserves declined hugely in numbers in the later middle ages.
7 Parks and the Community
Authors: Mileson S. A. 
Published: September 2009

Abstract
This chapter uses landscape and documentary evidence to uncover for the first time how park-making affected wider communities, including townsmen as well as peasants. The analysis takes in the whole of the middle ages, providing separate discussion of the earlier and later parts of the period, with their very different demographic and economic conditions and social climate. It is shown that park-making frequently led to the confiscation of farmland from peasants — often with little or no compensation — as well as ensuring that woods and wastes were excluded from assarting and arable expansion. At the same time, parks reduced access to the vital resources of woods and common pastures and led to the blocking and re-routing of roads and tracks. Parks are thus shown to have been an important element in medieval enclosure and an area where the priorities of lords and tenants were often strongly opposed.
Fundamental Rights Conflicts in the European Union
Authors: Pérez Aida Torres 
Published: September 2009

Abstract
This chapter spans on the potential conflicts between constitutional and EU fundamental rights. Conflicts might emerge when constitutional and EU fundamental rights are interpreted differently and their scopes of application overlap. Hence, the chapter explores the instances of overlap between norms protecting rights coming from different legal systems. According to ECJ's case law, EU fundamental rights are binding upon state authorities when they act within the field of application of EU law. Thus, state authorities operate within the controlling parameters of constitutional and EU rights. The ECJ claims authority for adjudicating fundamental rights norms that will be applied to review state action, sometimes in opposition to the constitutional interpretation of parallel rights. Yet, why should the ECJ have the last word regarding fundamental rights' interpretation as opposed to state constitutional courts? The main purpose of the book is to explore the grounds for the legitimacy of the ECJ's claim to authority in adjudicating fundamental rights.
Concluding Remarks
Authors: Pérez Aida Torres 
Published: September 2009

Abstract
This concluding chapter reflects upon the failed project of a European Constitution and the drafting of a written catalogue of EU rights. If eventually ratified, the Lisbon Treaty would recognize legally binding force to the European Charter of Fundamental Rights. There is no hierarchical relationship, however, between the rights enshrined in this Charter and constitutional rights. In this context, potential rights' conflicts in the EU might become even more visible, and the question about the source of ECJ's legitimacy in adjudicating fundamental rights even more relevant. Hence, should the Charter be given binding force, the dialogic model would still be suitable as the source of ECJ's legitimacy. Dialogue does not work to eliminate conflict, but rather it manages conflict over time in a process of constant, mutual accommodation. Since judicial dialogue develops in a fragmented form under conditions that are not ideal, the interpretation of fundamental rights will be tested and refined continuously.
CHRISTOPH SCHREUER: AN APPRECIATION
Authors: Lauterpacht Sir Elihu 
Published: September 2009

AbstractThis chapter presents a brief description of the achievements of Christoph Schreuer, from his excellence as a law student at Cambridge to his teaching career. His best known work is Hersch Lauterpacht Memorial Lectures of 1992 on State Immunity and, more recently, his massive commentary on the ICSID Convention. His status as an international lawyer is now recognized by his holding the Chair of International Law at Vienna and by his membership of the Austrian National Group in the Permanent Court of Arbitration.
INVESTMENTS ‘IN THE TERRITORY’ OF THE HOST STATE
Authors: Knahr Christina 
Published: September 2009

AbstractMany bilateral as well as multilateral investment treaties contain in their provisions on the definition of investment a requirement that the investment has to be made in the territory of the host State, while other treaties do not contain language to that effect. This issue has been addressed briefly in some International Centre for Settlement of Investment Disputes (ICSID) cases but has not played a major role among the judicial requirements usually examined by tribunals. In two recent North American Free Trade Agreement (NAFTA) Chapter 11 cases, Bayview v Mexico and Canadian Cattlemen for Fair Trade v United States, the tribunals for the first time rejected jurisdiction because the claimants had not made an investment in the territory of the respondent State. This chapter analyzes the reasoning and the findings of the tribunals in these two cases and tries to determine the relevance of the territorial nexus in investment arbitration. While the focus will be on Bayview and the Canadian Cattlemen Claims, previous ICSID cases that have addressed the issue is also considered.
JURISDICTION, COMPETENCE, AND ADMISSIBILITY OF CLAIMS IN ICSID ARBITRATION PROCEEDINGS
Authors: Zeiler Gerold 
Published: September 2009

AbstractThis chapter attempts to determine the exact meaning of the terms ‘jurisdiction’ and ‘competence’, add a full understanding of the notion of admissibility, apply this understanding, and, thereby, come to a clearer picture of how to deal with these issues. Most importantly, this should lead to an answer about what truly qualifies as an objection of inadmissibility and when it should be brought.
THE SCOPE OF ICSID REVIEW: REMARKS ON SELECTED PROBLEMATIC ISSUES OF ICSID DECISIONS
Authors: Kalnina Ieva , Di Pietro Domenico 
Published: September 2009

AbstractThis chapter examines the relationship between the concerns raised about the quality and consistency of ICSID awards, on the one hand, and, on the other, the existence and efficiency of any respective remedy. It begins with a review of the four generations of annulment proceedings followed by a review of ICSID arbitral awards. It then considers the use of precedent in ICSID arbitration, ICSID control over quality and consistency of arbitral awards, and remedies for consistency and legitimacy lacunae inherent in Article 52.
DENOUNCING ICSID
Authors: Rastegar Keyvan 
Published: September 2009

AbstractThe legal academy is coming to embrace the opposite position of indeterminacy, not only as a matter of practical reality and ensuing theoretical introspection, but as more intuitive and plausible to begin with. In search of a single easy case to refute its claim, the modern critical position holds that the law governing every case can be construed bona fide and lege artis to irreconcilable ends. Its sophisticated form carefully rejects ‘anything goes’, emphasizing that infinite legal interpretations are flawed. Nonetheless, it contends that in each case, there remain at least two methodologically sound solutions, which conflict in result. This chapter advances the claim of legal indeterminacy, but in technical detail. It considers the interplay of Articles 71 and 72 of the ICSID Convention, which expressly govern denunciation, and Article 25, which governs submission to jurisdiction.
CHANCELLOR WIRTH AND THE MOLOGALES CONCESSION 1923–1927: THE GERMAN-SPEAKING ORIGINS OF THE 1965 ICSID CONVENTION
Authors: Veeder V.V. 
Published: September 2009

AbstractDr Joseph Wirth was Chancellor of the Weimar Republic for eighteen momentous months in Germany's history from May 1921 to November 1922. Earlier, Wirth had worked as a teacher and then as an international investor. It is a rare person who can pursue all such activities successfully; and ultimately, with the demise of the Weimar Republic, Wirth failed as a German politician and was forced into exile in 1933. As a statesman and investor, however, his work from 1921 to 1927 suggests that one of the ICSID Convention's significant origins may lie in German-speaking specialists advocating treaty-based transnational arbitration in Berlin and Moscow, beginning with the Brest-Litovsk Treaties between Soviet Russia and Imperial Germany in August 1918 and culminating, via the 1921 Provisional Treaty and the 1922 Rapallo Treaties, in the 1925 Soviet-German Commercial Treaty with its innovative chapter on state-sponsored institutional arbitration. This chapter presents the story of that strange journey.
LOCAL REMEDIES AND THE STANDARDS FOR THE PROTECTION OF FOREIGN INVESTMENT
Authors: Kriebaum Ursula 
Published: September 2009

AbstractThis chapter examines the alleged requirement to resort to local remedies before a violation of a substantive standard of international investment law can be diagnosed, despite a waiver of the requirement to exhaust local remedies as, for example, contained in Article 26 ICSID. It begins by briefly outlining the function of the local remedies rule in international law and the waiver contained in Article 26 of the ICSID Convention. It then considers the related practice of arbitral tribunals. Finally, it discusses considerations of principle which the cases canvass as well as a number of related questions will be discussed.
DO UMBRELLA CLAUSES APPLY TO UNILATERAL UNDERTAKINGS?
Authors: Gritón Salias María Cristina 
Published: September 2009

AbstractThis chapter shows that tribunals overwhelmingly accept the application of umbrella clauses to obligations assumed unilaterally by host States. It follows that, where a treaty for the protection of investments containing an umbrella clause is applicable, the violation of a unilateral undertaking, made through legislation or otherwise, would amount to a violation of the treaty.