bluuebunny/crossref_metadata_2025_split huggingface dataset:
Understanding the Topography of Moral and Criminal Law Norms
Authors: Simons Kenneth W 
Published: May 2011

Abstract
This chapter explores the following questions. Should criminal law norms be relatively general? Or instead should criminal law norms be relatively specific? Recent codification movements tend to simplify offence definitions by limiting the number of harms or wrongs that the criminal law addresses, and also by restricting the number of mens rea categories that are employed for purposes of grading the seriousness of a crime. Does that simplification come at too great a price? At the same time, a more particularist approach increases the chance that criminal law norms will be incommensurable. Is this outcome regrettable, or instead desirable? Finally, what is at stake in the decision whether to have the legal fact-finder employ descriptive or instead explicitly evaluative criteria, as criteria either of mens rea or of actus reus? Are evaluative criteria preferable, simply because criminal law norms depend, to some extent, on moral norms? The chapter takes a non-consequentialist perspective, for the most part, and concentrates on the justification for punishing malum in se rather than malum prohibitum crimes. The focus is not on the narrower (but important) questions of how to distinguish mens rea from actus reus, or culpability from wrongfulness.
Groundwork for a Jurisprudence of Criminal Procedure
Authors: Roberts Paul 
Published: May 2011

Abstract
This chapter explores four rival perspectives or approaches to conceptualizing criminal procedure and evidence designated: doctrinal-conceptualist; epistemological; institutional; and normative. These four ideal-types are intended to represent core strands in contemporary common law scholarship, viewed from a British perspective. This chapter, in other words is largely an exercise in sympathetic reconstruction of existing theory and practice rather than a building from the ground up of conformity with an ideal theoretical blueprint. Any purported contrast between ‘procedure’ and ‘evidence’ is slippery at the best of times; and readers may need temporarily to suspend belief in their own jurisdiction's conceptual, disciplinary, and pedagogic taxonomies.
Structures Built from Events
Authors: Truswell Robert 
Published: May 2011

AbstractThis chapter gives a basic theory of the relationship of event structure to temporal structure. Two problems are discussed, the first concerning temporal modification of coordinated VPs, the second concerning the semantics of alternately as described by Lasersohn. In each case, the units operated on by Tense (intervals) must be partially independent of the events described by V. An operator, Op, is therefore defined, situated below T in the phrase structure, which converts a predicate over events into a predicate over intervals. Flexibility in the timing of application of Op derives a systematic ambiguity between single-event and multiple-event interpretations of many sentences containing multiple VPs. However, at a certain point in the tree, Op must be applied. Above this point, only multiple-event readings are possible.
Extraction from Adjuncts
Authors: Truswell Robert 
Published: May 2011

AbstractThe syntactic core of the book is a description of patterns of A'-extraction from three classes of adjunct in English. In rationale clauses, extraction is generally possible, provided syntactic constraints are obeyed. Among prepositional participial adjuncts, extraction possibilities are partly determined by height of attachment (adjuncts headed by since and upon attach high, and therefore categorically disallow extraction), and partly by the semantic relation among events specified by the preposition (by-clauses often allow extraction, while extraction from before- and after-clauses requires enrichment of the temporal relation specified by the preposition into a contingent relation). A complex pattern of extraction from bare present participial adjuncts depends on the aspectual class of the matrix VP, and factors related to agentivity. These latter factors require definition of event groupings, and restatement of the Single Event Condition in terms of event groupings. An appendix considers patterns of preposition-stranding in English.
Modelling Nonlinear Economic Time Series
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger Clive W. J. 
Published: May 2011

AbstractThis book contains a up-to-date overview of nonlinear time series models and their application to modelling economic relationships. It considers nonlinear models in stationary and nonstationary frameworks, and both parametric and nonparametric models are discussed. The book contains examples of nonlinear models in economic theory and presents the most common nonlinear time series models. Importantly, it shows these models can be applied in practice. For this purpose, the building of various nonlinear models with its three stages of model building: specification, estimation, and evaluation, is discussed in detail and is illustrated by several examples involving both economic and non-economic data. Since estimation of nonlinear time series models is carried out using numerical algorithms, the book contains a chapter on estimating parametric nonlinear models and another on estimating nonparametric ones. Forecasting is a major reason for building time series models, linear or nonlinear. The book contains a discussion on forecasting with nonlinear models, both parametric and nonparametric, and considers numerical techniques necessary for computing multi-period forecasts from them. The main focus of the book is on models of the conditional mean, but models of the conditional variance, mainly those of autoregressive conditional heteroskedasticity, receive attention as well. A separate chapter is devoted to state space models.
Concepts, models, and definitions
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractThis chapter gives a brief overview of the basic concepts and topics used in the book. There exists a large literature on linear stationary models. The purpose of the present book is to look at nonlinear models in both a stationary and nonstationary framework. Linear techniques are contrasted with typical tools used to analyse nonlinearity, such as the conditional mean and the conditional variance, and Markov chain theory. Nonlinear parametric models are mentioned as well as nonparametric ones.
Nonparametric models
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractA difficulty of nonparametric techniques is the curse of dimensionality. One cannot estimate nonparametrically in high dimensions unless restrictions are made. The present chapter considers a selection of such more restrictive models. The techniques are intermediate between purely parametric and purely nonparametric. Prime among these models are additive models and the closely related functional coefficient models. The nonparametric structure is then typically allowed to depend on just one or two variables at a time. There is also the possibility of letting a nonparametric term depend on a linear combination of variables as in the index models or in projection pursuit. Finally, there are semiparametric models, where some of the variables are modelled parametrically, some nonparametrically.
Algorithms for estimating parametric nonlinear models
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractThis chapter contains an introduction to estimating parametric nonlinear models. Estimation has to be carried out using numerical algorithms. Both algorithms not using derivatives of the function to be optimized and ones requiring them are discussed. Several algorithms of both types are presented. The expectation‐maximization algorithm used for estimating Markov switching models and state space models is considered as well.
Nonlinear impulse responses
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractThis short chapter presents an important tool in interpreting estimated nonlinear models: the generalized impulse response function which is a random variable and thus has a distribution. Representing these functions, that is, estimated densities, using so‐called highest density regions is considered. Examples of their use can be found in Chapter 16.
Other Topics
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractThis chapter contains a brief overview of three different topics. First, effects of aggregation of nonlinear models are considered. The second topic is modelling time‐varying seasonal variation in economic time series. Finally, there is a discussion of outliers and nonlinearity, as outliers can lead to erroneous statements about nonlinearity. Also, time series generated by nonlinear models may contain observations that look like outliers but are not.
The Political Theology of Trade Law: The Scholastic Contribution
Authors: Koskenniemi Martti 
Published: May 2011

Abstract
In his massive opus on legal and political theory, the Jesuit Francisco Suárez (1548–1617) addresses at great length the distinction between natural law and the jus gentium (law of nations). The latter, he suggests, is deprived of the kind of absolute necessity that characterizes the former and should rather be understood in instrumental terms. While natural law is always the same and never varies, the jus gentium contains those legal provisions that have been historically adopted so as to contribute to the fulfilment of the necessity embodied in natural law in the context of actual human communities. Among institutions of jus gentium, Suárez lists the freedom of trade. This chapter revisits the ideological ancestry of the World Trade Organization (WTO) in the Christian narrative of the power of humans over things (and thus on each other) through the worldwide application of dominium proprietatis — the right of free use and exchange of private property.
The World Trade Organization as a Club: Rethinking Reciprocity and Common Interest
Authors: Stoll Peter-Tobias 
Published: May 2011

Abstract
The issues of reciprocity and common interest — or community interest — mark two demarcation points in the oeuvre of Bruno Simma. Some parts of international economic law, particularly the WTO legal system, arguably have a number of characteristics that go beyond the idea of strict reciprocity and that might well reflect a legal structure, which Simma later on identified as one designed to serve a common interest. This chapter explores further the concepts and structures of WTO law in view of reciprocity and community interest. The effort may be particularly worthwhile when we take a different view on international trade law. Beyond its strange issues and cases, its historical roots can be found in Article 55 of the UN Charter and can be seen as a cornerstone of the Charter's perception of the relevance of economic and social conditions for world peace. In addition, it is a major element in securing the economic and social development of nations and peoples around the world.
Responsibility for Breaches of Communitarian Norms: an Appraisal of Article 48 of the ILC Articles on Responsibility of States for Internationally Wrongful Acts
Authors: Crawford James 
Published: May 2011

Abstract
Nowadays it seems that international law develops more rapidly than international society does, seeking to serve as a tractor rather than a trailer, reversing Cicero's scheme of society and law. But where this happens, the developments may be fragile and called into question. A good illustration of this proposition can be seen in the debate as to the existence in international law of communitarian norms entailing obligations erga omnes, a debate carried on almost entirely in the abstract, with little or no reference to earlier instances of international adjudication or State practice. The idea was reflected, in the Draft Articles on State Responsibility adopted by the International Law Commission (ILC) on first reading in 1996, in two unwieldy provisions, draft Article 19 (dealing with ‘international crimes of States’) and draft Article 40 (defining the ‘injured State’ to include, in the case of State crimes and in certain other cases, all States). On second reading, these proposals were radically changed. Draft Article 19 disappeared, being replaced by Articles 40 and 41 (dealing with consequences of serious breaches of peremptory norms). Draft Article 40 was transfigured, emerging as Articles 42 and 48 (distinguishing between the ‘injured State’ and other States entitled to invoke responsibility even though not individually injured by the breach). This chapter focuses on Article 48 and the accompanying notion of invocation of responsibility in the public interest.
An Emerging International Public Policy?
Authors: Gowlland-Debbas Vera 
Published: May 2011

Abstract
The concept of international public policy is undoubtedly vague, with a content to be determined by the practice of States and the international community. This chapter illustrates its emergence by pointing to the way in which human rights have gained central stage and infiltrated into such areas as international humanitarian law and collective security — but this is also evidenced by their penetration into other functional regimes such as international criminal law and even investment law. There are of course other areas such as that of the environment which have produced fundamental norms which international organizations have found difficult to ignore. Of course, this process has raised its own challenges and calls for a healthy dose of scepticism, such as awareness of the pitfalls of ‘droit de l'hommisme’ (Alain Pellet) and the ‘darker sides of virtue’ (David Kennedy). Nevertheless, the interactions between functional regimes should be examined within a new conceptual legal framework which has seen the juxtaposition of community interests alongside inter-State interests.
Implications of the World Financial Crisis: What Role for the United Nations?
Authors: von Schorlemer Sabine 
Published: May 2011

Abstract
The current global financial crisis, being mainly the result of speculative lending and investment in major international finance centres of the North, is affecting all countries and all people worldwide. The crisis calls for immediate policy reaction in order to stabilize financial markets and international capital flow. In order to improve economic global governance various proposals have been put forward in the United Nations (UN), the G-20, and the Bretton Woods Institutions (BWIs). Whether the current reform initiatives will achieve practical results is an open question: although proposals for reform (such as the Financing for Development Initiative and the Sovereign Debt Restructuring Mechanism) had already been made after a series of regional crises in the 1990s, no significant result has yet been reached.
The Obligation to Prevent Genocide: Towards a General Responsibility to Protect?
Authors: Zimmermann Andreas 
Published: May 2011

Abstract
In its judgment of 26 February 2007 in the Bosnian Genocide case, the International Court of Justice (ICJ), when dealing with the obligation to prevent genocide as contained in Article I of the Genocide Convention, limited its holding to this very treaty provision. It therefore specifically stated that its decision ‘does not, in this case, purport to establish a general jurisprudence applicable to all cases where a treaty instrument, or other binding legal norm, includes an obligation for States to prevent certain acts’. This chapter first analyzes whether there exists, apart from such treaty-specific obligations, a general obligation to prevent the occurrence of serious breaches of international law under customary international law. The second focus is on the content of the obligation to prevent genocide, as contained in the Genocide Convention, and the somewhat parallel provision in the four Geneva Conventions, before moving on to the third point, namely the more general question whether the Security Council, or individual members thereof, are also under a Charter-based obligation to act when facing genocide, crimes against humanity, or the large-scale commission of war crimes. The sole focus, however, is on possible obligations of the Security Council, as well as those of third States, given that it seems to be beyond doubt that the respective territorial State is anyhow under an obligation to make sure that genocide, crimes against humanity, and war crimes are not being committed on its territory. This is due to the fact that, on the one hand, each State is responsible for acts of its own organs committing such crimes.
Is there an Austrian Contribution to the Codification of International Law?
Authors: Cede Franz , Binder Christina 
Published: May 2011

Abstract
This chapter highlights Austrian contributions to the codification of international law. It deals with the personal contributions Austrian scholars have made to the codification process, either as members of the ILC, as office holders at the codification conferences, or as academics. This chapter also examines the contribution of the Austrian State, with special focus on the major codification conferences held in Vienna: the Conferences on Diplomatic and Consular Relations; the Conferences on the Law of Treaties between States, on State Succession and on Treaties between States and International Organizations and between International Organizations. It is shown that Austria made significant contributions to the codification of international law, especially in the ‘golden era of codification’ in the 1960s.
Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal
Authors: H Geiger Rudolf 
Published: May 2011

Abstract
In an international court consisting of judges educated in different legal cultures, the ways of approaching a legal question may be difficult to be reconciled. But this lack of agreement may also be caused by blurred standards by which the relevant legal norms are being sought. This is the subject of this article. Customary international law plays an important role in the jurisdiction of the ICJ. But the Court's openly proclaimed standards for establishing specific customary rules are quite different from how the Court really proceeds. The chapter tries to show what is probably the Court's ‘real’ method.
The Unilateral Secession of Kosovo as a Precedent in International Law
Authors: Fleiner Thomas 
Published: May 2011

Abstract
This chapter takes the Kosovo case as an occasion to discuss in principle possible far-reaching effects of the ongoing narrative about the precedence argument upon internationally guaranteed fundamental human rights. It concludes that with the secession decided without any referendum, Kosovo Provisional Authorities have violated vital interests and fundamental human rights of the minority communities in Kosovo in general and the Serb community in particular. Minorities could not participate in decision-making concerning one of the most important issues of public affairs (foundation of a new State), which directly affects their existence. They were even deprived of their universally guaranteed fundamental right of access to justice.
Kosovo and Lotus
Authors: Frowein A Jochen 
Published: May 2011

Abstract
It has been put to the Court by many that the practice throughout the history of international law shows that the creation of States by secession is not regulated b international law. There are exceptions where secession is triggered by intervention or is in violation of other rules but in general international law does not regulate secession. If one compares the Advisory Opinion of the Court concerning Kosovo with the Lotus judgment of the Permanent Court of International Justice one difference cannot be overlooked. In the Lotus judgment the issue was whether States were free to act if no prohibition existed. The criticism against this holding in present day international law is fully justified where States act in an area which may affect the interests of other States. In the Kosovo Opinion the issue was not whether or not a State could act in an area where interests of other States exist but whether specific persons being the elected representatives of a people could or could not act as ‘pouvoir constituant’ of that people. It would seem that this distinction is of importance for the analysis. While States must certainly respect not only prohibitions existing in international law but must show that they are entitled to act wherever the interests of other States are concerned, this is different in a case like Kosovo. Here, the absence of a prohibition existing in international law for a declaration of independence and for secession can suffice to show that this declaration is in accordance with international law. It would have been preferable for the Court to have gone into the questions of secession and self- determination in some more depth. However, as Judge Simma's voting has shown, the result reached by the Court is correct under international law.
Trends and Trials: The Implementation of Consular Rights a Decade After LaGrand
Authors: Hoppe Carsten 
Published: May 2011

Abstract
Article 36 of the 1963 Vienna Convention on Consular Relations the right to be informed of one's right to contact one's consulate and the related duty to notify the respective consulate have come a long way. A decade after the International Court of Justice (ICJ) decided the LaGrand case, Article 36 has finally made it into the mainstream, and has become interesting. This also illustrates that it is time to take stock of a development that, with major involvement of Bruno Simma, brought Article 36 from relative obscurity to the forefront of public attention, with three cases brought before the ICJ, four decisions of the United States (US) Supreme Court, several decisions of other domestic high courts, and countless lower court decisions addressing the subject. This chapter sets out to draw a few lessons from the seemingly never-ending story of violation, interpretation, and (non-)enforcement of Article 36 rights as it still evolves, with a view to assessing in which ways the story could still be influenced in favour of those who find themselves arrested or detained as strangers in a strange land.
Using International Law to Combat Unlawful Targeted Killings
Authors: Alston Philip 
Published: May 2011

Abstract
International law does not offer any recognized definition of what constitutes a ‘targeted killing’ and the confluence of diverse legal frameworks further complicates matters. For the purpose of discussion, targeted killing is defined as the intentional, premeditated, and deliberate use of lethal force, by States or their agents acting under colour of law, or by an organized armed group in armed conflict, against a specific individual who is not in the physical custody of the perpetrator. In recent years such killings have been justified both as a legitimate response to ‘terrorist’ threats and as a necessary response to the challenges of ‘asymmetric warfare’. The invocation of these justifications has led to a highly problematic blurring of the boundaries of the applicable legal frameworks, which include human rights law, the laws of war, and the law applicable to the use of inter-State force. Moreover, the States concerned have often failed to specify the legal justification for their policies, to disclose the safeguards in place to ensure that targeted killings are in fact legal and accurate, or to provide accountability mechanisms for violations. Most troublingly, they have refused to disclose who has been killed, for what reason, and with what collateral consequences. The result has been the displacement of clear legal standards with a vaguely defined licence to kill, and the creation of a major accountability vacuum. This chapter spells out the appropriate legal framework and identifies measures that should be taken to ensure appropriate accountability.