bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constitutional Review and International Investment Law
Authors: Schneiderman David 
Published: April 2024

AbstractThe revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting efforts at diminishing constitutional space as a consequence of new international limits on state capacity? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.
Introduction
Authors: Schneiderman David 
Published: April 2024

AbstractThis book aims to bridge the divide between two fields: comparative constitutional law and international investment law. The resurgence, even convergence, in constitutional practice and the rise of legal limits to state action in relation to markets precipitated by investment law should be of interest to scholars operating in both fields. Brought into the foreground of this analysis is the judicial role in the production of international political economy and the extent to which apex courts defer to, or defy, disciplines associated with the regime to protect foreign investment. The book aims to answer a number of questions via selected case studies. Have courts acquiesced to global economic influence or exhibited a willingness to push back in the name of constitutional law? Do judicial elites behave as do other national political and economic elites? Should we subsume judicial behaviour under national strategies to make states more economically successful in global markets? Or do judges prioritize values associated with the national legal culture in which they are embedded even if do not line up with international economic ones?
Nothing to See Here
Authors: Schneiderman David 
Published: April 2024

AbstractThe selected cases coming out of Northern North America (Canada and the United States) reveal a judicial predilection to give wide berth to processes facilitating global economic integration. This judicial stance is one associated with hard deference to investment law’s constraints on states. In the case of Canada, courts exhibit a desire to retreat in the face of exercises of the prerogative over foreign affairs exercised by the executive branch. International law is treated as a system distinct and separate from Canada’s constitutional order. The constitutionally mandated duty to consult Aboriginal peoples is not engaged when international treaties, to which Canada is a signatory, are intended to grant to foreign investors the ability to exploit lands upon which Aboriginal peoples claim rights and title. The judicial performance in Canada turns out to be highly formalistic, even as the Supreme Court of Canada touts contextualized analysis in other circumstances. US courts also seem disinterested in constitutional limits associated with investment law, though the cases under discussion in this chapter offer only indirect support for the regime. US courts exhibit a disinclination to impede the progress of international economic affairs in a case concerning the constitutionality of processes (‘fast track’) that ignore constitutional directives for treaty-making. In the case of enforcement of an arbitral award against Argentina, the preference is to elide limits on Argentinian state capacity. What Northern North American courts exhibit is an observable tendency, common to courts situated in capital-exporting states, to prefer economic integration over constitutional objection.
Conditionally Constitutional
Authors: Schneiderman David 
Published: April 2024

AbstractThe Colombian Constitutional Court has a lengthy record of testing investment treaties for their constitutional compliance. Ever since constitutional amendments prompted by the Court’s ruling that a Colombia-UK BIT was unconstitutional, the Court has consistently been deferential to the political branches, exhibiting disinterest in closely scrutinizing these treaty texts. The Court’s decision in C-252 of 2019, concerning the constitutionality of a Colombia–France BIT, exhibited less deference but favoured a more pragmatic posture, adopting a stance sitting somewhere between soft deference and soft defiance. This is because the Court takes seriously the question of constitutional conformity, insisting that the executive branch renegotiate the terms of the treaty. But rather than challenging the investment treaty regime, the Court issued a series of conditional rulings that could be remedied if the party states revised the treaty so that it looked more like investment treaty rights promoted by other capital-exporting sates. The effect of the ruling was to trim some of the treaty’s excesses so that it was more in conformity, not only with the Constitution, but with investment treaty trendlines exhibited in newer treaties like CETA’s investment chapter. The Court’s ruling does not so much stand in the way of the pursuit of new international investment agreements as it requires that Colombian negotiators make commitments that mirror capital-exporting state ‘best practices’. There is, otherwise, little daylight between investment law and Colombian constitutional law.
Intervention before Interventionism
Authors: Quinton-Brown Patrick 
Published: April 2024

Abstract
Intervention before Interventionism is about the ways in which statespeople have reordered intervention and non-intervention since the middle of the twentieth century. It is concerned primarily with non-Western contestations of Western-dominated order; it illustrates institutional change in and through decolonization; and it provides a conceptual roadmap for understanding dilemmas of intervention and non-intervention today, particularly in relation to contestation as it has re-emerged in the twenty-first century. While building on and conversing with existing literature, the book stands out from previous approaches insofar as it is a mapping of international struggles for the reconstitution of intervention in the globalization of the society of states.
Epilogue
Authors: Quinton-Brown Patrick 
Published: April 2024

Abstract
This Epilogue synthesizes the previous chapters in terms of a broad recovery of theories displaced and muddled, which provides the basis of an alternative framing of the global intervention debate. It is in light of the genealogy that we might begin to reassess our turbulent present. For the fall of interventionism should no longer be confused with the fate of internationalism or the promise of sovereign and international humanitarian responsibility. The liberal interventionist moment must instead be understood as entailing an elaborate rhetorical redescription and normative contestation, which supplanted previous understandings and brought about a confusion that was also an ideological feat. In international society and its study, our comprehension of intervention has suffered from a vast amnesia. From within discursive practices of non-alignment, and what came to be known as the Global South, we can begin to recollect the concept’s more complete trajectory and just contributions over the past century. The viability of international society in globalization cannot be secured except by redefining, once again, what it is to intervene.
Outcomes of the #BringBackOurGirls movement
Authors: Oriola Temitope B. 
Published: April 2024

Abstract
This chapter investigates the outcomes of the #BringBackOurGirls (#BBOG) movement. The movement has produced consequential and multi-layered direct and indirect outcomes that transcend the rescue of the Chibok girls. The chapter also explores how the #BBOG advocacy inadvertently contributed to the rise of a social problem industry around the girls. This has led to the exploitation of the girls and their community. The forms of exploitation by both institutional and non-institutional actors are problematized. This chapter contributes to the literature on social movement outcomes and the sociology of social problems. A contextual seven-stage social problem industry model is proposed. The chapter enhances our understanding of how certain national and international actors seek to benefit from local struggles. The chapter also examines the question of the decline of the #BBOG. The chapter argues that the interplay of internal and external variables is catalysing the demobilization of the #BBOG. The #BBOG leadership was concerned about co-optation by the government. Therefore, the chapter argues, the #BBOG sacrificed pragmatism on the altar of ideological purity because of the particularities of its socio-political context. The implications of the findings for the perpetuation of social problems in developing countries and the efficacy of grassroots activism are articulated.
Introduction
Authors: Lorimer Marta 
Published: April 2024

Abstract
This chapter presents an overview of the book. It opens with a short presentation of its key argument. It then introduces a working definition of far-right ideology and identifies three key streams in the research of the far right and Europe: a first one focusing on the content of far-right positions on Europe, a second focusing on the causes of far-right Euroscepticism, and a third centring on the actions of far-right parties in the EU’s institutions and the effects of their engagement with European integration. The work is then situated in the latter strand of research and its conceptual and methodological approach presented. The chapter concludes with an overview of the remainder of the book.
Dehumanization in the Migration Crisis
Authors: de Ruiter Adrienne 
Published: April 2024

Abstract
How do people talk about dehumanization in the global migration crisis? This chapter examines how the terminology of dehumanization is used in reporting on refugees, asylum seekers, and other migrants. Based on a critical discourse analysis, the chapter shows how a wide range of exclusionary practices is cast as dehumanizing in academic and public debates on the internationally displaced and zooms in on the central themes of threat and deviance; de-individualization and disengagement; and denials of dignity. The central argument in this chapter is that sharper distinctions should be made between dehumanization and related forms of social and moral exclusion in other to clarify its distinct nature. By discussing specific cases that could more accurately be described as marginalization, stigmatization, inhumane treatment, or infra-humanization, rather than dehumanization, the chapter highlights the need for a more careful engagement with the concept.
Introduction
Authors: Procter James 
Published: April 2024

Abstract
During the twentieth century the BBC was home to one of the most extensive black Atlantic networks in the world. Shaped by both the postwar communications revolution and the rise of revolutionary anti-colonial movements, the scripts left behind from this period yield new insights into decolonization as a daily story, rather than as a decisive event. Recovering the role of late colonial artists and intellectuals as they traversed the overlapping platforms of an increasingly episodic media environment, this chapter reassesses the significance of shortwave, and the short form, for mid-century cultural production. It pursues the emergence of a distinctly radiophonic imaginary, as air became charged with the kinds of elemental force and affective investments once associated with oceanic space. It also examines the material and archival conditions of wireless as the most encompassing, and the most ephemeral, medium of empire. Focusing on the formats and physical conditions through which broadcasts came to life, it asks what is at stake in looking at, rather than through, the silent scripts left behind by West Indian, West African, and African American speakers on the BBC’s ‘rustle-free’ paper.
Voice
Authors: Procter James 
Published: April 2024

Abstract
This chapter argues that long-standing misconceptions of the radio archive have obscured the history of African Caribbean cultural production at the BBC. Taking the literary magazine programmes ‘Caribbean Voices’ and ‘West African Voices’ as its point of departure, it considers the work that voice performs as it code-switches across the BBC’s daily menus. West Indian and West African broadcasters were rarely just literary contributors. Working across an array of programme sub-genres—sport, current affairs, education, religion, politics, variety, and entertainment—writers ventriloquized the rhetorical conventions demanded by alternative formats at the very moment they were seeking to establish their literary voices and reputations on air. Locating the work of Louise Bennett and Wole Soyinka within an unfolding genealogy of programmes, this chapter explores how the dramatic monologue and related modes of monologic address were reinvented in conjunction with broadcasting’s own structural principles of communication as a system of one-way exchange.
Postscript
Authors: Procter James 
Published: April 2024

Abstract
This concluding chapter turns to consider one of the towering Caribbean intellectuals of the twentieth century: C. L. R. James. James’ experience as a broadcaster at the BBC was considerable, spanning the period between the 1930s and the 1970s. His critical interventions both on and off the airwaves reveal his abiding interest in radio as an imperializing force, a decolonizing medium, a stylistic device, and a mode of political communication. Placing Beyond a Boundary (1963) into conversation with his test match commentaries and wider broadcasting career, this chapter argues that not only did James’ landmark volume on cricket and late colonial culture evolve in close conjunction with radio, but that his written appreciation of the game as a visual, episodic art form was indebted to the spoken form of radio commentary.
The Profile of Imagining
Authors: Hopkins Robert 
Published: April 2024

Abstract
What is sensory imagining and what role does it play in our lives? How does visualizing, imagining sounds, etc. relate to perceiving such things, or to remembering them? What are the connections between imagining and agency, and how does it relate to emotion and other affect? This book offers a theory that answers these and other questions. It argues that sensory imagining involves the redeployment of resources central to perception, albeit in a radically different context and to very different effect. The view explains central features of imagining’s phenomenology and functional role, including its capacity to capture what it would be like to perceive its objects, while acknowledging many important differences between imagining and sensing. It shows how the view can be extended to give an account of imagining in other forms, especially the imagining of affect; and uses it to argue, amongst other things, that imagining something is not a way to engage with its aesthetic character; and that imagining provokes real feeling much less often than is usually thought.
Episodic Memory
Authors: Hopkins Robert 
Published: April 2024

Abstract
What is the mental state at the heart of episodic remembering? This chapter argues that it is imagining—often in sensory form, sometimes in the form of experiential imagining more generally. The chapter explains exactly what this view amounts to, and what the alternatives to it are. It then motivates the position by appeal to both phenomenology and functional role, before defending it against objections stemming from various differences between episodic memory and imagining. Those differences concern the role of agency, the way in which individuals are present in memory, and the way memory presents itself as a guide to how things are (or were), as imagining does not. Since remembering is not mere imagining, but imagining under the control of the past, each of these differences can, it is argued, be accommodated or explained.
The effects of trust
Authors: Seyd Ben 
Published: April 2024

Abstract
This chapter explores the consequences of low and declining rates of trust. If trust represents an individual’s ‘loyalty’ to the political system, low trust might induce either citizen ‘voice’ or ‘exit’. The evidence for each of these forms of behaviour is reviewed. The chapter explores how far low trust stimulates such exit behaviours as engaging in protest activities, supporting anti-system parties, seeking reform of the political system, and rejecting an activist role for national governments. It also explores the effects of low trust on voice behaviours, notably abstaining from elections, ignoring official information and guidance, and failing to comply with important collective obligations. The evidence suggests that while low and declining trust leads to various problems for the political system, there is little sign of it triggering a crisis of public governance.
The Interpretation of Kenosis from Origen to Cyril of Alexandria
Authors: Magree Michael C. 
Published: April 2024

Abstract
The self-emptying of Christ, proclaimed in the letter to the Philippians 2:7, remains a much-debated topic in modern theology and exegesis. This book is designed to bring the insights of Greek Christianity to the understanding of kenosis, in order to show that new dimensions of the topic open up when it is examined in the historical era of early Christianity. The book first surveys modern exegesis of Philippians 2, in order to understand modern presuppositions and parameters of its interpretation, focused on questions of Christ’s pre-existence. Then, at the start of exegesis of Philippians, Origen of Alexandria showed that his understanding of kenosis allowed him to resist overly confining understandings of divine immutability, yet retain the conviction that the immutable Word’s self-emptying calls the Christian believer to awe and wonder. Gregory of Nyssa found in kenosis a way to emphasize the Son of God’s embrace of all of human life, including historical development. Finally, Cyril of Alexandria wrote on the term kenosis more than anyone else in Greek-speaking Christianity. It was a theme across all major eras and genres of his writing, from scriptural exegesis to doctrinal disputes, including those about the divinity of the Son and the natural union of the Son with human reality. Cyril found in kenosis an anchor point for two themes. First, that the strangeness and shocking quality of the term kenosis reminds the believer that God’s categories always stretch beyond human thought. Second, that the question of “who emptied himself?” can only be answered by a single-subject Christology that proclaims the kenosis of the Word.
Philippians 2:7 in Eusebius and Athanasius
Authors: Magree Michael C. 
Published: April 2024

Abstract
This chapter examines the understanding of Christ’s self-emptying in Eusebius of Caesarea and Athanasius of Alexandria. Eusebius makes the self-emptying of Christ a key part of his argument that prior to the incarnation the Son of God has a distinct existence or hypostasis. The verbs in scripture that depict the Father and the Son in distinct opposition to one another allow for agent-identification exegesis, in which Eusebius can point to grammatical distinction grounding a metaphysical distinction. The self-emptying of Christ is a direct part of this formulation. Athanasius does not focus on self-emptying in particular, but rather he is interested in the narrative shape of verses 6–11 as a whole. What concerns him is that those who want to claim the Son of God is not consubstantial with the Father see verses 9–11 as a sort of promotion. Jesus did well, and therefore he was elevated. Athanasius held that this misses out on the drama and shock of the prior verses, which are communicating Paul’s astonishment at the one “in the form of God” “emptying himself” and “humbling himself.” There has to be a radical descent of the Son for the lifting up of human nature to occur.
Self-Emptying in Focus
Authors: Magree Michael C. 
Published: April 2024

Abstract
This chapter takes up the debates between four late fourth-century Christian thinkers on the understanding of Christ’s self-emptying. First, in the context of Trinitarian theology, Basil of Caesarea sparks a reaction from Eunomius of Cyzicus, a non-Nicene thinker who claims that Basil’s understanding of kenosis splits Christ into two parts. Gregory of Nyssa, Basil’s brother, joined the debate after his brother’s death, and showed that the point at issue is just how much one is willing to say that the consubstantial Son of God can enter into human life. For Gregory, the point was, as it had been for Athanasius, to emphasize the radical step of saying that the one who was consubstantial with the Father is truly incarnate. Gregory rejects the Eunomian version of a univocal Christ that would blur the drama of the incarnation. Against Apollinarius, Gregory promotes a vision of Christ’s self-emptying that stresses the completeness of the self-emptying: completeness meant not as loss of any divine qualities, but as the Son of God making his own and appropriating the completeness of human nature except sin.
The Spaces of the Universal and the Particular in International Law
Authors: Lythgoe Gail 
Published: April 2024

Abstract
Whenever and wherever there is law, spatial logics operate in the background shaping legal regimes, processes, and arguments and structuring our understanding of concepts and narratives. By examining more closely the implicit spatialities accompanying traditional international law discourse about universality and particularity, we can recognize that, despite the purported differences between these oppositional constructs, they are similarly spatially constituted. A spatial lens diagnosing the spaces of the actors associated with these binaries thus helps transcend the formulaic structure of binaries usually associated with these two concepts. Further, studying universality and particularity through a spatial lens allows us to detect the emergence of spatial logics that are ‘at odds’ with traditional understandings of universality and particularity. The concept of a networked particularity is offered as an important critical counterpoint in demonstrating the construction of legal spaces.
Universalizing the Particular; or, Hotel and Carrier Bag
Authors: Nicholson Matthew 
Published: April 2024

Abstract
This chapter explores the relationship between the universal and the particular in international legal thought. I argue that contemporary, formalist international legal thought prefers the universal to the particular, that this constrains the possibilities for international legal thought, and that the universalization of the particular in and through international law should be pursued. I associate formal universalism with the image of the Bonaventure hotel in Los Angeles, as analysed by cultural theorist Fredric Jameson. Drawing on the feminist literary theory of Ursula K Le Guin, I associate the universalization of the particular with the image of a carrier bag and argue for an understanding of international law as a carrier bag in which to convey particulars.