bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Trinity in Africa
Authors: Kombo James 
Published: July 2010

AbstractThe African pre-Christian experience of God has turned out to be the gate through which Yahweh has penetrated Africa. This does not only mean that for the African Christians the Trinity must emerge from Nyambe, Nyame, Nyasaye, and so on—as various African peoples call God—but also that the Son and the Holy Spirit are now constitutive in the identity of those names. In this case, confession of one God (monotheism) is not in the 'common substance-essence' terms of the Greco-Roman heritage, nor in the 'monotheism as one-ness, non-divisible essence' in Islam and Neo-Platonism, nor as oneness in the sense of 'absolute subject' in the philosophy of Idealism. Here, oneness of God is confessed in the context of the fatherhood as contemplated from the point of view of the Father whose NTU is split between the Son and the Holy Spirit. The Father in this case is the 'Great Muntu' (God) who uniquely shares the Divine NTU with the Son and the Holy Spirit. In this mix of things, four things are noteworthy: 1) there emerges yet another way of thinking about God, 2) the Christian faith receives alternative resources for renewal of the church, 3) assumptions of conventional theological thinking are once again re-examined, and 4) Christians have an opportunity to use their own cultural identity for God's glory.
Frameworks, Cases, and Experiments: Bridging Theory with Practice
Authors: Druckman Daniel 
Published: July 2010

AbstractA theory-oriented approach to teaching and training about negotiation is discussed in this article. Following the flow of a course taught on several continents, I emphasize the value of conceptualizing about the negotiating experience. This is done with concepts, metaphors, frameworks, and research findings summarized in the form of a set of narratives. A series of exercises bring the concepts to life. These include the difference between negotiating values and interests, designing scenarios, and enacting the negotiating functions of analyst, strategist, and designer. Students are also given an opportunity to perform as negotiators and observers in a complex multi-issue negotiation involving security issues similar to those discussed recently between the U.S. and Iraq. They are provided with a research experience that entails coding selected peace agreements for distributive and procedural justice as well as for the durability of those agreements. Lessons learned are generated in de-briefings of the exercises. They are also discussed in a final class where students’ insights, gained from comparative case analyses, are organized by the framework introduced during earlier classes.
The 2009 AIDP's Resolution on Universal Jurisdiction – An Epitaph or a Revival Call?!
Authors: Vajda Maja Munivrana 
Published: July 2010

AbstractAt its 18th session held in September 2009, the Congress of the International Association of Penal Law adopted the Resolution on Universal Jurisdiction (RUJ). For the past decade, universal jurisdiction has been one of the most debated issues in international criminal law, and the RUJ has been expected to shed valuable light on this controversial subject matter. After setting out the rationale and scope of universal jurisdiction, the RUJ regulates its exercise and subjects it to a number of requirements and limitations. The drafters should be commended for their general support of the idea that states can exercise universal jurisdiction over a limited number of international crimes. However, the RUJ does suffer from a number of weaknesses. Whether it will ultimately serve as a point of reference for state legislators and practitioners therefore remains to be seen.
'Predictably Irrational' – International Sentencing and its Discourse against the Backdrop of Preliminary Empirical Findings on ICTY Sentencing Practices
Authors: Ewald Uwe 
Published: July 2010

AbstractSentencing of atrocity crimes is a highly disputed topic among experts, as well as the wider public, particularly in post-conflict countries dealing with international core crimes. Yet, empirical sentencing research, while quite developed in regard to national jurisdictions, is still in its infancy for international criminal justice. Furthermore, much criticism of sentencing practices, e.g. of the ICTY, is based on anecdotal evidence rather than empirical investigation. This article reflects on some of the 'stereotypes' and 'myths' of international sentencing, draws on historical examples and approaches to understand international sentencing decision-making, and provides empirical findings in regard to possible patterns in ICTY sentences and the underlying decision-making process. Topics for substantial and long-term international sentencing research are then presented.
A Prophet Is Rejected in His Home Town (Mark 6.4 and Parallels): A Study in the Methodological (In)Consistency of the Jesus Seminar
Authors: Lyons William John 
Published: July 2010

AbstractWhile some might construct their view of the historical Jesus based upon the published findings of the Jesus Seminar, others may re-examine individual pericopae and argue that a change of 'colour' would be appropriate. Here it is suggested that the arguments offered by the Seminar to justify the colouring of one saying of Jesus—that a prophet is rejected in his home town (Gos. Thom. 31.1, Mk 6.4, Matt. 13.57, Lk. 4.24, and Jn 4.44)—as a (deep) pink are flawed. Arguments based upon multiple attestation, plausibility and embarrassment are considered and rejected, leading to the conclusion that black is the most appropriate colour for the saying. Two explanations for its inclusion in the Gospels are offered: that it is a proverb inserted by the writers because it mirrored their own circumstances, and the more speculative view that the saying was viewed as appropriate because of Jesus' own hyperbolic characterization of discipleship (cf. Lk. 14.26).
Writing about the Historical Jesus: Historical Explanation and 'the Big Why Questions', or Antiquarian Empiricism and Victorian Tomes?
Authors: Crossley James 
Published: July 2010

AbstractThis article points out that lives of Jesus have been dominated by individualism, fact-finding, exegesis and description. This stands in contrast to the ways in which historical reconstruction has been practised in other disciplines in the humanities and in contrast to the ways in which some biographers and historians see the role of the individual in historical change. Even when there have been attempts to use the social sciences in historical Jesus studies, if the result is not merely descriptive and exegetical, then the reception of such approaches in scholarship still tends to focus on the individual reconstructed rather than on potential methodological developments relating to historical change. This article will suggest ways in which the individual and descriptive emphases can be complemented by wider ranging socio-historical reconstructions designed to explain historical change, or, more generally, how we get from Jesus to Christian origins.
Jesus the Baptist
Authors: Twelftree Graham 
Published: July 2010

AbstractThis article seeks to address unresolved issues regarding Jesus' involvement in baptism, beginning by arguing that, on being baptized, Jesus became a close continuing disciple of John in a wilderness-based ministry. As Jesus affirmed John's ministry with its emphasis on baptism, and the Johannine tradition conveyed the view that Jesus baptized (Jn 3.22-23), which might explain Acts 18.24–19.7, it is likely Jesus took up John's baptism, his message and some miracle working. Following John's arrest, which Jesus interpreted as an event of eschatological significance, Jesus launched his early Galilean ministry among the villagers. Initially Jesus preached an unrealized, future reign of God, and continued baptizing. With an increasing scale of miraculous activity associated with his ministry, Jesus concluded that the kingdom of God had come, at least to some extent. At the same time, Jesus concluded that the preparatory rite of baptism was no longer needed.
Embracing Icons: The Face of Jacob on the Throne of God
Authors: Neis Rachel 
Published: July 2010

AbstractRachel Neis' article treats Hekhalot Rabbati, a collection of early Jewish mystical traditions, and more specifically §§ 152–169, a series of Qedusha hymns. These hymns are liturgical performances, the highlight of which is God's passionate embrace of the Jacob icon on his throne as triggered by Israel's utterance of the Qedusha. §§ 152–169 also set forth an ocular choreography such that the gazes of Israel and God are exchanged during the recitation of the Qedusha. The article set these traditions within the history of similar Jewish traditions preserved in Rabbinic literature. It will be argued that §§ 152–169 date to the early Byzantine period, reflecting a Jewish interest in images of the sacred parallel to the contemporaneous Christian intensification of the cult of images and preoccupation with the nature of religious images.
Exposing Violence, Amnesia, and the Fascist Forest Through Susan Silas and Collier Schorr's Holocaust Art
Authors: Kaplan Brett Ashley 
Published: July 2010

AbstractThis article examines the tensions between space and violence, amnesia and memorialization, and the uses of the forest by examining the work of two Jewish artists, Susan Silas and Collier Schorr, whose photographs contribute to the work of geographers, historians, landscape architects, literary critics and others concerned with the connection between space and memory. While the beauty of Silas and Schorr's images draws us in and opens up a dialogue between history and experience, these images also uncover the literal and metaphorical violence of these landscapes, resist the impulse toward erasure that the landscape always threatens, and refuse the pollution of the landscape tradition by fascist ideology.
'Taxing' TWAIL: A Preliminary Inquiry into TWAIL's Application to the Taxation of Foreign Direct Investment
Authors: Kangave Jalia 
Published: July 2010

AbstractThird World Approaches to International Law (TWAIL) provides a theoretical and methodological framework for unpacking international law's exclusion and marginalisation of Third World peoples. While TWAIL scholarship has explored a number of areas, there is hardly any TWAIL literature exploring the relationship between international law and taxation. Using the example of Double Taxation Agreements (DTAs) and Development Cooperation Agreements (DCAs), this article considers how taxation can be written into TWAIL scholarship.
Protecting the Rights of Indigenous Peoples – Promoting the Sustainability of the Global Environment?
Authors: Heinämäki Leena 
Published: July 2010

AbstractOne predominant presumption in the present international legal discourse is that indigenous peoples, when allowed to participate, can make a valuable contribution to the sustainability of the global environment due to their traditional knowledge and practices relating to the environment. The aim of this article is to discuss whether and under which conditions the legal recognition of the special rights of indigenous peoples in relation to the environment can be seen as promoting the protection of the planet Earth.
The Three Dimensions of the Rights of Indigenous Peoples
Authors: Kuppe René 
Published: July 2010

AbstractIndigenous peoples experience three levels of injustice: they are the trans-generational victims of historic colonisation; they are politically disenfranchised and their cultural diversity is not officially recognized. Indigenous peoples struggle for the recognition of their specific rights in order to overcome the injustice they are currently experiencing. This article explains how the recognition of these rights conflicts with some of the basic principles of modern constitutional democracy: the declared equality of all citizens; the legitimization of the state for the common good of all and the legal fiction of one homogenous people making up the state.
The Security Council and Territorial Sovereignty: The Case of Kosovo
Authors: Milano Enrico 
Published: July 2010

AbstractMore than ten years since NATO intervened militarily to stop the violence and to create the conditions for a new regime of international administration, Kosovo remains at the top on the agenda of international actors and institutions. The present contribution examines the nature and scope of the Security Council’s action (and inaction) with regard to the political crisis and ensuing conflict emerged in Kosovo starting from the late 1990s and how that practice has shaped notions of territorial sovereignty. It analyses the different forms of international intervention in the four phases of the Kosovo controversy (from the 1998‐1999 crisis to the current situation post declaration of independence, passing through the UN administration of the territory and the negotiations on future status), the extent to which international law played a role in dictating outcomes and results and the ways in which the notion of territorial sovereignty was reinterpreted by the Council. The main conclusion reached is that, while some of the measures adopted throughout the years have introduced important novelties in the contemporary conception of territorial sovereignty, that has been the result of harsh bargaining between different states and groups of states in which the Council has only provided for the diplomatic setting, rather than the end products of the Council’s own policy and strategies. Moreover, as the current discussions over the mandate and legal basis of EULEX show, the interpretation of those measures and instruments has been remarkably at variance among the different actors, surfacing diplomatic conflicts and ‘agreements to disagree’ that have been frozen, in some cases for years, under neutral UN procedures and operational strategies.
Sovereign States and Self-Determining Peoples: Carving Out a Place for Transnational Indigenous Peoples in a World of Sovereign States
Authors: Koivurova Timo 
Published: July 2010

AbstractEven though self-determination of peoples has an esteemed place in international law, it seems fairly clear that peoples divided by international borders have difficulty in exercising their right to self-determination. It is thus interesting to examine whether general international law places constraints on trans-national peoples’ right to self-determination. Of particular interest in this article is to examine whether indigenous peoples divided by international borders have a right to self-determination, given the recent adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples. The article will also take up cases where transnational indigenous peoples of Sami and Inuit have tried to exercise their joint self-determination and whether we can, in fact, argue that indigenous peoples divided by international borders have a right to exercise their united self-determination.
The ICJ and the Individual
Authors: Scheinin Martin 
Published: July 2010

AbstractProcedurally, individuals do not have access to the Court, or standing before the ICJ. Pursuant to the relevant articles 34.1 and 65 of the ICJ Statute individuals cannot be parties in contentious cases or in advisory opinions respectively. Individuals can be heard as witnesses and experts but this does not transform the persons in question to parties. However the individual is not completely ignored by the ICJ. On the contrary, the rights of the individuals are a core element of the legal reasoning in several decisions of the Court. These rights can be dwelt upon through an examination of the relevant human rights and humanitarian law sources. Rough this approach the court can take the individual in consideration either in an abstract fashion or in a more clearly defined way. Findings of violations in abstracto without reference to named individuals were made in the Democratic Republic of Congo v. Uganda Case, and the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory Advisory Opinion. On the other hand, the Court may identify violations that affect clearly identified individuals, as was the case in the Breard, LaGrand and Avena cases. In some of these cases not only was a violation found but the Court went even further by addressing the issue of reparation owed. It is, consequently, evident that through the examination of human rights and humanitarian law sources and the decisions of the relevant human rights bodies the individual, although not a direct party to the dispute may, nevertheless, constitute a source of inspiration for the legal thought-processes of the Court.
The International Court of Justice and Peoples
Authors: Koivurova Timo 
Published: July 2010

AbstractThe article examines how the International Court of Justice (ICJ) has dealt with the concept of peoples and peoples' rights in its jurisprudence. Most prominent has been the Court's role with respect to the right of self-determination and it is this issue that forms the core of the article. A second important question dealt with is the role of indigenous peoples in ICJ case practice, as the struggle by those peoples to gain collective rights is a recent development in international law. Drawing on this analysis, the discussion proceeds to consider the role that the ICJ has played in the development of the rights of peoples in general and what its future role might be in this sphere of international law. The article also examines the way in which the Court has allowed peoples to participate in its proceedings and whether and how its treatment of peoples' rights has strengthened the general foundations of international law.
The Ethos of the Rule of Law in the International Legal Discourse: Portrait of an Outsider
Authors: García-Salmones Mónica 
Published: July 2010

AbstractThe constitutional principles of the state under the rule of law require, as a precondition, that a normal situation exists. The article argues that this Schmittian idea can be transposed to an international debate on the international rule of law. The constitutional reforms proposed by Schmitt in 'Legality and Legitimacy' focusing in his search for an ethos of law were in the concrete situation of Weimar, neither attuned to the legal spirit of the times (positivism) nor suited to taking a course of action in the midst of tumultuous political events. However, as a theoretical work on liberal constitutionalism 'Legality and Legitimacy' contributes to the discussion on the lack of inherent rationality of the liberal (international) rule of law: the ethos of the rule of law is an outsider. The final part of the article uses the example of the mandate system of the League of Nations to support the claim that the value of a descriptive thesis of the vulnerability of the rule of law to power, lies in enabling a more realistic approach, in terms of ethical agency and power relations, to the margins of the rule of law or the grey zones.
Third World Resistance to International Economic and Structural Constraints: Assessing the Utility of the Right to Health in the Context of the TRIPS Agreement
Authors: Muriu Daniel Wanjau 
Published: July 2010

AbstractThis article examines the relationship between WTO's TRIPS Agreement, patents and access to affordable medicines in Sub-Saharan Africa. The key role played by transnational corporations (TNCs) in ensuring that intellectual property rights were included in multilateral trade negotiations, and how this influence and power of TNCs has impacted on access to affordable medicine in the region is highlighted. The way in which social movements at both domestic and international levels have sought to use the right to health to resist the power of pharmaceutical TNCs bent on blocking the use by Third World countries of the exceptions or flexibilities in TRIPS, such as parallel importation of medicines and compulsory licensing is analysed. In this connection, the way in which the Treatment Action Campaign (TAC, a social movement in South Africa), used the right to health to oppose a suit filed in South Africa by pharmaceutical TNCs seeking to block legislation enacted for the purpose of enabling parallel importation of medicines, is shown. The article also explains how a network of international organisations and activists in collaboration with Third World countries pushed for the adoption of the Doha Declaration on the TRIPS Agreement and Public Health on the basis that access to affordable medicines is a critical element of the right to health. The article argues that the right to health has some limited potential of being used as a means of resistance against international economic forces inimical to the health of Third World peoples. To realise such potential however, one must go beyond using the right to health purely as a legal process or mechanism and instead harness the right as a tool to mobilize and exercise agency of Third World peoples in contesting the power of those forces.
Early Heidegger's Concept of History in Light of the Neo-Kantians
Authors: Farin Ingo 
Published: July 2010

AbstractThe history of Heidegger's relationship to the neo-Kantians is still largely unwritten, despite the fact that in his formative period Heidegger was very close to the neo-Kantian school, especially Windelband and Rickert, Lask and Natorp. With regard to the concept of history and the importance of historical philosophizing, it is the received view that Dilthey was early Heidegger's main and only source of inspiration. This paper argues against this one-sided view by showing the historical and systematic connections between early Heidegger's views on history and the philosophy of history developed by Windelband and Rickert.
Philosophy and History in the Study of Political Thought
Authors: Bartelson Jens 
Published: July 2010

AbstractThis article analyzes how the relationship between philosophy and history has been conceived within the study of political thought, and how different ways of conceiving this relationship in turn have affected the definition of the subject matter as well as the choice of methods within this field. My main argument is that the ways in which we conceive this relationship is dependent on the assumptions we make about the ontological status of concepts and their meaning. I start by discussing the widespread view that philosophy and history ought to be viewed as distinct if not incompatible ways of studying political thought, and then go on to describe the view that philosophical and historical approaches should be conceived of as identical or inseparable. I end this article by suggesting that these approaches rather should be viewed as mutually constitutive for the benefit of a more coherent study of political thought.
Collingwood and the Relation between Theory, Practice and Values in Historical Thinking
Authors: Rolliston Christopher 
Published: July 2010

AbstractIn texts such as An Autobiography, Collingwood asserts that historical thinking as he understood it effects a "rapprochement" between theory and practice or even a "negation" of this traditional distinction, a thesis that would seem to place him on the opposite side of the debate about the place of values in historical research to figures such as Max Weber, who famously argued for history and the social sciences being "value free" disciplines. This article then investigates this apparent contrast, taking a critical approach to the arguments Collingwood propounds on the topic across a range of his later writings. After noting the curiously limited nature of these arguments however, Collingwood's self-styled "historical" conception of duty is discussed to show that in fact, his position on the place of values in historical research was indistinguishable to Weber's, since at the centre of both is the doctrine that judgements about what to do can never be simply deduced from scholarly study, but instead must be willed in practice itself.