bluuebunny/crossref_metadata_2025_split huggingface dataset:
The United States of America
Authors: Fetter Bruce , Morgan Douglas , Levi Jeffrey 
Published: September 2009

Abstract
This chapter reviews the United States' response to its HIV epidemic. The USA does not have an integrated healthcare delivery or financing system, even within public sector programmes. Many have noted that the challenges faced by people with HIV are simply a lens through which one can see the larger challenges of the US healthcare system. This is indeed true. However, as challenging as things are for people with HIV, the presence of multiple HIV-specific programmes provides access to more services for poor people with HIV than for those with other chronic conditions. Indeed, while there are probably few lessons to offer other countries regarding HIV care financing, given that many other nations rely on a publicly financed system, the US recognition of a need for a broad continuum of services does provide a model for care delivery for nations across the world.
Fiscal and macroeconomic aspects of the HIV pandemic
Authors: Haacker Markus 
Published: September 2009

AbstractThis chapter is concerned with the implications of HIV on ‘public policy’, which comprises all areas of government activities, including but beyond the administration of health systems, the delivery of public health services, or the national response to HIV. The first section describes the impact of HIV on the ability of governments to provide public services. In countries facing an HIV epidemic, this is compromised because HIV results in a slowdown in government revenues and higher deaths among public servants. The subsequent section discusses the fiscal dimension of the national response to HIV. In particular, the financing of health expenditures in low-income countries, both generally and in the context of HIV, is considered. The response to HIV also has important macroeconomic implications, beyond mitigating the macroeconomic costs of the epidemic, owing to reduced incidence of infections and improved availability of treatment, which are addressed in the third section.
Trade, intellectual property and access to affordable HIV medicines
Authors: Fleet Julian , N’Daw Béchir 
Published: September 2009

Abstract
This chapter situates intellectual property issues within the context of efforts to expand on a vast scale access to HIV medicines. Secondly, it summarizes recent developments regarding the affordability of HIV medicines in general. Thirdly, the chapter surveys the major international trade and intellectual property agreements that affect the ability of governments, non-governmental organizations (NGOs), and international organizations to procure HIV medicines at affordable prices. Fourthly, it presents a few concrete examples of the ways in which these agreements are or are not being used by governments to expand access to HIV treatment. Lastly, it traces some of the more important recent regional, bilateral, and national developments in international trade and intellectual rules.
Developing human resources for the HIV pandemic
Authors: Dreesch Norbert , Dal Poz Mario R , Gedik Gulin , Adams Orvill , Evans Timothy 
Published: September 2009

AbstractAt the beginning of the 21st century, health systems in both industrialized and developing countries are becoming increasingly pluralistic, with diversified public, private, non-governmental organizations, community, and home provision of care leading to greater complexity of health service organization. At the same time, political stewardship is often weak and challenged by strong interest groups. To manage the challenge of HIV better, countries need to strengthen various aspects of their health systems. Specific investments in strengthening health systems may improve the capacity of the system to plan and deliver services. Reforms at the sector level may strengthen incentives for efficiency; these include, for example, introduction of contractual relationships, decentralization of decision making, increased autonomy for health providers and integration of services. Also training capacity must be sufficient to respond to train appropriate healthcare personnel. Combating HIV calls for innovative, socially responsible and flexible approaches to human resources development and use.
The contribution of civil society
Authors: Zuniga José M 
Published: September 2009

AbstractThe involvement of civil society organizations with the HIV response, is arguably the largest ever seen in both breadth and depth. Never before have civil society organizations (CSOs) done so much to contribute to the fight against a global health crisis, or been so included in the decisions making process by policy-makers. The direct involvement of CSOs in the treatment and care of people living with HIV is partially related to the nature of the pandemic. Less tied to bureaucracy than the more institutionalized actors in domestic healthcare systems and intergovernmental organizations, CSOs operate more nimbly and are often better able to respond quickly to needs created by HIV. This can be true in the case of local CSOs, which are more attuned to the community, or international CSOs, which are able to transfer and employ global expertise and monetary resources better than many domestic health systems can do unaided.
Some lessons learned
Authors: Beck Eduard J , Mays Nicholas 
Published: September 2009

AbstractThis chapter summarizes ‘lessons learned’. The health systems of affected countries are at the forefront of national responses, and both formal and informal systems, private as well as public sectors all have important roles to play. However, the response to the HIV pandemic requires a wider, multisectoral response, since the pandemic is deeply rooted in the socio-economic conditions within and between nations. The extent and nature of the response required will depend on the type of HIV epidemic and populations infected or affected, the resources available, the country's health service infrastructure, and prevailing cultural norms. To produce a sustainable response to HIV that reaches those in need, HIV programmes will need to be progressively integrated with the rest of the health system. Though there is no attempt to prioritize the different elements, an increasingly salient aspect of a country's response relates to the provision of appropriate health services.
12 Governance Matters: The IMF and Sub‐Saharan Africa
Authors: Woods Ngaire 
Published: September 2009

AbstractThis chapter examines the IMF's relationship with Sub-Saharan Africa, explaining the political pressures which have shaped the Fund's engagement with countries on the continent. It explores the way powerful donor countries have affected this relationship from both within and from outside the IMF, as well as non-governmental organizations. Within these political forces, the IMF has struggled to shape economic programs for its borrowing members. Equally challenging for the institution has been negotiating politics within borrowing countries. As a result the institution faces two powerful ongoing challenges: reconciling greater ‘ownership’ by its low-income borrowers with the mission defined by its most powerful shareholders; and working out the relationship of its work to that of the World Bank and other institutions in an increasingly complex aid architecture.
14 Rethinking the Governance of the International Monetary Fund
Authors: Mirakhor Abbas , Zaidi Iqbal 
Published: September 2009

AbstractThis chapter attempts to set out the principal issues that need to be resolved in formulating a proposal for quotas and voice reform in the IMF that could command broad support. Following John Rawls, it argues that ‘justice is the first virtue of social institutions’, and uses his theory of justice to provide a method for understanding what should be the case, in the context of voice and voting shares, before international institutions, such as the IMF, are to be justifiable to their members. The implementation of this process suggests, among other things, that a major revision of the quota formulas is long overdue, and leaving this unaddressed raises serious questions regarding the IMF's governance which could develop into a core mission risk and jeopardize the relevance of the institution.
The German Law of Unjustified Enrichment and Restitution
Authors: Dannemann Gerhard 
Published: September 2009

AbstractThis book provides a description of the German law of unjustified enrichment. It explains how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful not to rule out for the future in Deutsche Morgan Grenfell v Inland Revenue. Part I explains the workings of German unjustified enrichment law within the particular context of German contract, tort, and property law. It shows how the German general unjust enrichment clause is controlled by limiting its scope to intentional transfers, and complemented by specific grounds of unjust enrichment. This part also explains defences against and measure of enrichment claims. Part II places German law in the comparative context of three different fundamental approaches towards unjustified enrichment, shows some unexpected similarities between English and German law, and discusses whether English law could and should adopt the German approach. The book gives equal prominence to structural issues and legal doctrine on the one hand, and practical application of the law on the other. It provides leading German cases and relevant statutory provisions in English translation.
Introduction
Authors: Dannemann Gerhard 
Published: September 2009

AbstractThis introductory chapter begins with a discussion of the long tradition of unjust enrichment in English law and the advantages of taking a closer look at the German law of unjustified enrichment from the perspective of English. The chapter then discusses the law of unjustified enrichment within the German Civil Code, the unjustified enrichment model of restitution, and other models of restitution. An overview of the subsequent chapters is presented.
The Undoing of Performance: Basics
Authors: Dannemann Gerhard 
Published: September 2009

AbstractThis chapter begins with a discussion of the performance concept. It shows that the Leistungskondition provides a simple solution for the majority of all unjustified enrichment cases, but does not cover situations which have to be covered by the ‘enrichment in another way’ provision. The chapter also looks at where, in English law terminology, another ‘unjust factor’ must be found. The chapter then covers the enrichment of the defendant and claimant.
Defences Against Performance-based Claims
Authors: Dannemann Gerhard 
Published: September 2009

AbstractSection 817 BGB contains a troublesome provision which operates as a defence against a condictio ob turpem vel iniustam causam: if both claimant and defendant violated a statutory prohibition or offended against good morals by the performance, no claim lies in unjustified enrichment. This chapter considers the three most important defences, i.e., those under §§ 814 and 817 BGB. Topics covered included claimant's knowledge of lack of legal ground, claimant's moral obligation, and claimant's own wrongdoing.
The Measure of Restitutionary Liability
Authors: Dannemann Gerhard 
Published: September 2009

AbstractThis chapter discusses gain-based restitution. The measure of liability in unjustified enrichment is governed by §§ 818-820 BGB. The wording of these provisions makes no distinction between different types of unjustified enrichment claims. It is the prevailing belief that §§ 818ff BGB contains a unitary system of consequences of liability which covers all of unjustified enrichment, including both performance and non-performance-based restitution. Even so, strong criticism of this view has been mounted by a number of authors.
Classification and Consequences
Authors: Dannemann Gerhard 
Published: September 2009

AbstractThis chapter compares English and German law of unjustified enrichment in terms of scope, taxonomy, and approach. It shows that the English unjust factor approach and the German absence of legal ground approach are much closer to one another than at first meets the eye. They have both moved unjust(ified) enrichment largely out of the realm of equity and policy considerations into a rule-based and hence more predictable system. They have both adopted a general rule with a list of exceptions. They have struggled to limit the injustice and turmoil which their general rules are capable of creating by refining and expanding the exceptions to those rules. The approach they have each chosen has made them neglect some important aspects, and at times led them to rationalize rather than remedy deficiencies. And while they start from opposite ends, they employ very similar techniques for achieving what are often similar results.
Cases
Authors: Dannemann Gerhard 
Published: September 2009

AbstractThis chapter contains seventeen translations of key judgments by the Bundesgerichtshof which relate to unjustified enrichment and restitution. Twelve of these were published in 1997, both in the German Law Archive and appeared in The German Law of Obligations, Vol. I. They have been nominally revised for the present text. The translations of case nos 6 (wrecked car), 13 (incapacity), and 15 (honorary consul) first appeared in 2003 in Cases, Materials and Texts on Unjustified Enrichment.
1 Embedded Realpolitik? Reevaluating United States' Opposition to the International Criminal Court
Authors: Smith Charles A. , Smith Heather M. 
Published: September 2009

AbstractThe United States, in the aftermath of the 9/11 attacks, sought to disengage actively from the International Criminal Court (ICC). In many ways, the new, post 9/11 realpolitik-based strategy can be seen as the logical extension of US realist concerns. This chapter interprets this ‘extension’ in terms of the embedded realist concerns in the political structure of the US Senate. It argues that the domestic politics of US opposition requires analysis of the logical grounding of these concerns and the deeply ingrained political reality underlying US opposition to the ICC. A central aim of the chapter is to show how this embedding process constitutes a crucial explanatory dynamic of such opposition, and how the electoral logic of the US Senate has helped to further reinforce US opposition. In addition to examining this logic, the chapter also discusses the reasons the United States should support the ICC. It concludes that the false legal pretences underlying the electoral logic of the Senate provides a robust explanation for US opposition.
4 The Politics of Discursive Legitimacy: Understanding the Dynamics and Implications of Prosecutorial Discretion at the International Criminal Court
Authors: Struett Michael J. 
Published: September 2009

AbstractThe authorities of the International Criminal Court are in a position to use their autonomy to develop substantial discursive separation from the pressures of realpolitik. Because the design of the ICC allows its officers considerable independent authority from the pressures of the officials of the state governments that created it, these officers are in a position to argue for the fair imposition of international criminal law standards with less need to bend to the realities of interstate power politics. This chapter proposes that the flexible design of the ICC advances the procedural aspects of legitimacy through the discursive dynamics of prosecutorial authority and discretion. It argues that such discursive legitimacy constitutes a way of understanding the universalizing effects of legalism; and that the permanence of the Court ensures that reasons and arguments (discursive strategies) will be formulated in response to the effects of any negative perception(s) of foreign legalism.
6 Political Evil, Cosmopolitan Realism, and the Normative Ambivalence of the International Criminal Court
Authors: Hayden Patrick 
Published: September 2009

AbstractThis chapter adopts a different approach to those that now regard the creation of the ICC as evidence of the progressive ‘enlightenment’ of humankind. It argues that the ICC is best characterized in terms of cosmopolitan realism, that is, a critical cosmopolitanism shorn of historical and moral idealism, and motivated more by the terrifying experience of political evil than by the triumph of enlightened moral consciousness. In this sense, the cosmopolitan law underwriting the ICC can only be properly understood with constant reference to the phenomenon of political evil. The aim of this chapter is to understand how the political of the ICC's actions can be understood in terms of the ambivalence between confronting political evil and promoting its universal morality via its capacity to subject the perpetrators of evil to political judgement and legal accountability. Given these aims, the chapter attempts to understand and explain why the ICC's actions should be regarded as the latest effort to juridify evil.
7 Four Cosmopolitan Projects: The International Criminal Court in Context1
Authors: Franceschet Antonio 
Published: September 2009

AbstractThis chapter develops a conceptual typology of four distinct cosmopolitan political projects that have influenced international law: control, order, governance, and citizenship. It argues that cosmopolitanism in the context of the ICC is not simply a homogeneous approach to reforming international law and politics. Rather, it is an approach demonstrating how the politics of state support for the ICC is occurring largely on the terrain of cosmopolitan moral politics. Cosmopolitans have supported the reform of world politics in ways that emphasize or privilege one or more of the following objectives: control for the sake of rights enforcement; order for the sake of international peace and security; governance for the sake of democratic reform; and citizenship for the sake of a common humanity. Although each of these projects supports the cosmopolitanization of international law, they do so in different ways. The chapter interprets both the objectives and implications of the ICC in light of these four political projects and the different forms of cosmopolitanism politics at play.
8 The Cosmopolitan Test: Universal Morality and the Challenge of the Darfur Genocide
Authors: Eckert Amy E. 
Published: September 2009

AbstractAlthough recent ICC's actions have highlighted the strength of cosmopolitan justice, the ICC's statist character has, in the case of Sudan, exposed the disjuncture between state and global responsibilities, and in so doing, revealed the institutionalized limits of its own statism. This does not mean, however, that state politics has and will continue to offset the Prosecutor's cosmopolitan intent. On the contrary, it suggests the weak institutional context of its intent and the consequent need to develop its institutional ties and organs in order to materialize the very strength of this intent. This chapter argues that while the ICC has shown great resolve in investigating and prosecuting the perpetrators of the Darfur genocide, the Darfur situation has exposed many of the underdeveloped institutional ties and/or concerns that have limited the impact of its cosmopolitan intent.
5 The relation between linguistic analogies and lexical categories
Authors: Gerken LouAnn , Wilson Rachel , Gómez Rebecca , Nurmsoo Erika 
Published: September 2009

AbstractThis chapter examines evidence that adults and infants can learn proto-categories through morphological paradigms in which a subset of the categories are double-marked. It is possible that the requirement for double-marking of categories provides evidence for analogy as a category learning mechanism. Experimental results allow for a refinement of factors contributing to ‘good analogies’. These refinements, in turn, may lead to advances in the understanding of syntactic category acquisition.
8 Expanding Analogical Modeling into a general theory of language prediction
Authors: Skousen Royal 
Published: September 2009

AbstractIn Analogical Modeling, language prediction is closely determined by the specific variables used. The kinds of structures that must be dealt with in a full theory of analogical prediction include strings of characters, scalar variables, syntactic trees, and semantic variables. These structures as well as a number of procedural issues are discussed in this chapter.
9 Modeling analogy as probabilistic grammar
Authors: Albright Adam 
Published: September 2009

AbstractModels of analogy must be non-deterministic enough to handle gradient data, but must also explain why analogy obeys some striking restrictions: only a tiny subset of logically possible analogies are actually attested. This chapter discusses several unattested types of analogy, and considers their implications for formal models. Gradience and notable restrictions are best modeled using a grammar of probabilistic rules.
Consequences of species loss for ecosystem functioning: meta-analyses of data from biodiversity experiments
Authors: Schmid Bernhard , Balvanera Patricia , Cardinale Bradley J. , Godbold Jasmin , Pfisterer Andrea B. , Raffaelli David , Solan Martin , Srivastava Diane S. 
Published: September 2009

AbstractA large number of studies have now explicitly examined the relationship between species loss and ecosystem function. Analyzed by two independent groups, the results from such experiments show that reductions in species diversity generally result in reduced ecosystem functioning, across a wide range of ecosystems, diversity manipulations, and functions. This chapter analyzes both data sets in parallel to explain variation in the observed functional effects of biodiversity. This chapter concludes: 1) the functional effects of biodiversity differ among ecosystem types (but not between terrestrial and aquatic systems), 2) increases in species richness enhance community responses but negatively affect population responses, 3) stocks are more responsive than rates, 4) diversity reductions often reduce function at an adjacent trophic level, 5) increased biodiversity results in increased invasion resistance. This chapter also analyzes the shape of the relationship between biodiversity and function, and discuss consequences of different relationships.
The analysis of biodiversity experiments: from pattern toward mechanism
Authors: Hector Andy , Bell Thomas , Connolly John , Finn John , Fox Jeremy , Kirwan Laura , Loreau Michel , McLaren Jennie , Schmid Bernhard , Weigelt Alexandra 
Published: September 2009

AbstractMeta-analysis of the first generation of biodiversity experiments has revealed that there is a general positive relationship between diversity and ecosystem processes that is consistent across trophic groups and ecosystem types. However, the mechanisms generating these general patterns are still under debate. While there are unresolved conceptual issues about the nature of diversity and complementarity, the debate is partly due to the difficulty of performing a full-factorial analysis of the functional effects of all species in a diverse community. However, there are now several different analytical approaches that can address mechanisms even when full factorial analysis is not possible. This chapter presents an overview and users' guide to these methods. This chapter concludes that the current toolbox of methods allows investigation of the mechanisms for most, if not all, biodiversity and ecosystem functioning experiments conducted to date that manipulate species within a single trophic level (e.g. plant biodiversity experiments). Methods that can address mechanisms in multitrophic studies are a key need for future research.