bluuebunny/crossref_metadata_2025_split huggingface dataset:
Sovereign States Control of Immigration: A Global Justice Perspective
Authors: Zilbershats Yaffa 
Published: March 2012

Global justice is a relatively new concept that is being developed both by scholars, who belong to the political school of thought, and by others, who define themselves as cosmopolitans. Whereas political scholars believe that the global implications of justice contemplate states or peoples, cosmopolitans refer to the individual as the subject of justice even when dealing with it on a global scale.Despite the differences between the two schools, this Article shows that none has clearly called for the imposition of additional obligations upon states that would force them to allow immigrants to enter those states' territory. Further, our survey shows that the five scholars examined believe that considerations of global justice should compel developed states to offer at least some assistance to burdened or poor states in order to reduce the causes of migration. All differ regarding the type and scope of assistance but agree that the reasons for migration should be reduced in the state of origin.What is missing in the scholarly works on global justice is a solution to the forced migration of masses of people. This problem cannot be solved, at least in the short run, solely by assisting the state of origin. As long as the lives of the migrants are threatened, states must open their gates to save them and agree that an international body will administer this issue and ensure that the burden is shared proportionally among the various states of the world. Such an international body will also be competent to promote programs of assistance to states, which will in turn reduce the need to migrate.
Maintaining Law and Order during Occupation: Breaking the Normative Chains
Authors: Watkin Kenneth 
Published: March 2012

Notwithstanding of the considerable body international law dealing with occupation, identification of the normative standards against which law and order is maintained continues to challenge the international community. That challenge is centered on the existence of an unclear and often awkward interface between international humanitarian law and international human rights law.Policing represents the normal means by which order is maintained in society. In occupied territory the preference should be for maintaining order by means of properly trained police forces seeking to apply international human rights law standards. However, the security threat is often not limited to criminal activity with there being striking similarities between attempting to maintain order in occupied territoty and battling insurgencies in internal armed confits. This then points to the application of international humanitarian law to govern the use of force.Despite ongoing disagreement about which paradigm should be applied the question remains whether the proponents of the two frameworks can break free of their normative chains to craft a realistic approach to maintaining law and order. Suggested approaches include the situation based approach of applying the appropriate body of law to specific fact situations and the blended approach of borrowing from each normative regime to address the unique situations confronting security forces. Which ever approach is adopted the emphasis must remain on the right to life to ensure true respect for the rule of law is maintained.
TheJus Ad Bellum/Jus In BelloDistinction and the Law of Occupation
Authors: Giladi Rotem 
Published: March 2012

This is a preliminary inquiry into the application to occupation law of the distinction betweenjus in bello(or IHL) andjus ad bellum.Under current doctrine, the two are mutually exclusive: the former applies irrespective of the “nature or origin of the armed conflict or the causes espoused by the Parties.” I argue that occupation law, although generally considered part of IHL, is intrinsically less susceptible to a strict application of the distinction.Exploring its pedigree, meaning, and rationale, the paper notes the distinction's scant, soft Conventional expression and brief history, but also its fundamental character and the broad scope attributed to it under contemporary IHL. Although the distinction sometimes fulfill important humanitarian functions in occupied territories, occupation law—in regulating governance of territory—differs from ordinary IHL norms; this and other differences render the strict application of the distinction to occupation law, whose key norms often depend on jus ad bellum references to the “nature, origin and causes” of armed conflict, impossible.The last part of the Paper calls for a more nuanced approach to the application of the distinction to occupation law and identifies some of its contours. Such an approach can enhance the efficacy of occupation law and facilitate fulfillment of the two different functions of occupation law: protection of individuals and the maintenance of international peace and security. The Paper concludes with preliminary observations on the roles and powers, under bothjus ad bellumandjus in bello,of the Security Council with regard to occupied territories.
Suspending Sovereignty: Reassessing the Interlocking of Occupation, Failed and Fragile State, Responsibility to Protect, and International Trusteeship (Lessons from Lebanon)
Authors: Gal-Or Noemi 
Published: March 2012

This Paper argues that the traditional international legal discourse on occupation fails to reflect the condition of international relations, and their governability by international law, at the turn of the 21st century. This Paper suggests re-conceptualizing the concept of occupation by linking it to the discourse of failed and fragile states and the responsibility to protect.A contemporaneous understanding of occupation needs to reflect its transforming relationship to sovereignty. Occupation represents a state of interference with the external aspect of sovereignty, which ultimately infringes also on the state of internal sovereignty. In contemporary world politics, occupation arises also from a chain of successive situations interfering with sovereignty wherein internal sovereignty becomes “vitiated” (“failed and fragile state”), and creates a condition conducive to interference with external sovereignty. The outcome of this order of impingements on sovereignty represents a state wherein sovereignty was suspended.The condition of suspended sovereignty triggers the new norm of the responsibility to protect. This Paper submits that re-vitalization of the concepts of leasehold and trusteeship offers an elegant, perhaps face-saving outlet, hence potentially constructive approach to empower the failed and fragile state in re-establishing its sovereign plenary control over its territory and ending an occupation-like situation.The analysis of the Lebanese situation is an example of the arguments raised in this Paper and does not fit the traditional post World War II (WWII) occupation legal mould for neither belligerent nor non-belligerent occupation. The complex inter-state relationship linking Lebanon-Syria-Iran-Israel, and which is intricately interlaced in a state-to-non-state actor (NSA) web as played out in the relationship between Israel-South Lebanon Army on the one hand, and between Iran, Syria and Lebanon-Hezbollah on the other hand, serve to illustrate the new 21st century conditions. These conditions press for an updating of the traditional understanding of occupation.
Reflections on Holocaust Claims in International Law
Authors: Collins Lawrence 
Published: March 2012

It does not need to be said that to be asked to give the Lionel Cohen lecture is a great honor. One of the first books on private international law which I acquired when I became interested in the subject was a volume of the Lionel Cohen lectures delivered by Sir Otto Kahn-Freund. I have chosen a topic which involves the subjects in which I have my primary academic interests, public and private international law, but also a subject in which I had some professional involvement before I became a judge.My immediate family was safely in England at the time of the Holocaust, but I am particularly glad that some of my cousins are here at this lecture. Their families in Poland were tragically involved in the Holocaust and my cousin Rony Lerner made a film in 2006, which was shown on Israeli TV, about the murder in Poland of his grandmother and his search for her murderers. His grandmother was my grandmother's sister.
The Internal Legal Order of the European Union as a Complementary Framework for its Obligations under IHL
Authors: Falco Valentina 
Published: March 2012

When exploring the sources of International Humanitarian Law (IHL) obligations of multinational peacekeeping forces, legal scholars have thus far focused mainly on the UN (and, to a lesser extent, NATO), whilst other organizations have remained largely in the shadows. Whereas the UN Secretary-General's Bulletin on the Observance by UN Forces of International Humanitarian Law has been widely debated and extensively investigated, little or no attention has been paid to self-regulatory solutions adopted by other international and regional organizations.This Article focuses on the European Union (EU), holding that this regional organization—by virtue of its sui generis nature and of its increasing engagement in the field of crisis management—can be regarded as one of the most interesting newcomers to the realm of jus in bello. More specifically, it looks at the EU's internal legal order with a view to verifying whether and to what extent it may complement customary IHL in regulating the conduct of the EU as a military actor. The Article surveys the primary and secondary sources of EU legislation which may prima facie spell out obligations for the EU-led troops engaged in European Security and Defence Policy military operations. Finally, the Article seeks to draw some broader conclusions on the nature of the relationship between EU law and IHL, as well as on the complementarity and inherent normative value of their sources.
Rejoinder
Authors: Posner Richard A. 
Published: March 2012

My reply is brief; I do not try to recapitulate the arguments in my book, and theprécisthat accompanies the comments. There are many good points made in the comments, which I do not repeat either; my focus is on the areas of disagreement emphasized in the comments.Segev. I am puzzled by the reference on the first page of his comment to distributive justice. I understand the term to refer to the principles for allocating wealth or other goods across persons, and I do not think those principles are engaged by efforts to balance concerns of security against concerns of civil liberties.When I said that “what counts as justification is no part of habeas corpus,” I did not mean that the detention of a person cannot be challenged by asking for habeas corpus, or that the detention need not be justified. I meant merely that the creation of a right of habeas corpus does not indicate how great a showing of necessity to detain a person the government must demonstrate. Justification is a separate issue from the existence of a right of habeas corpus. Obviously if little or no justification is required, the right becomes nugatory.
The Vices of Institutional Instrumentalism A Comment on Tushnet, The Rights Revolution in the Twentieth Century
Authors: Harel Alon 
Published: March 2012

Reading Tushnet's careful analysis of the history of the American rights revolution filled me with envy. One of the great advantages of writing about law in the U.S. is the ability to experience and benefit from centuries of sustained legal evolution. The world of an Israeli law professor whose horizons barely reach the middle of the twentieth century is impoverished in comparison to the enriching experience of living in a mature and rich legal tradition such as that of the U.S.Living in a different legal tradition and being ignorant of legal history—a field which only began to develop in Israel in the late 1990s—it will be pretentious on my part to try and challenge Tushnet's findings or even to try and explore the similarities and differences with the rights revolution in the Israeli legal system. Instead, I wish to explore the relevance of Tushnet's findings to constitutional theory and argue that constitutional theorists have some important lessons to learn from Tushnet's careful historical observations.
Is it the Right Revolution? On Tushnet'sThe Rights Revolution in The Twentieth Century
Authors: Weill Rivka 
Published: March 2012

This is yet another manuscript by one of the most interesting and prolific American constitutional law professors that the Critical Legal Studies movement has produced. Mark Tushnet has written extensively and influentially in the fields of both American and comparative constitutional law. He is a known expert on twentieth century American legal history, bringing this expertise to bear in writing his ambitious and most recent book,The Rights Revolution in the Twentieth Century.This review of an early draft of the book will consist of three parts. The first portrays Tushnet's descriptive enterprise in a nutshell. The second discusses the historical dimensions of Tushnet's work. The last evaluates its contribution to legal theory along the lines suggested by Alon Harel.
Some Reflections on Israel's Temporary Legislation on Unification of Families
Authors: Lapidoth Ruth , Friesel Ofra 
Published: March 2012

In 2003 Israel adopted the Nationality and Entry into Israel (Provisional Measure) Law, 5763-2003. The Provisional Measure deals generally with entry into Israel; at first it dealt only with entry into Israel of residents of the West Bank and the Gaza Strip, and later it was extended also to nationals and residents of Iran, Iraq, Lebanon and Syria. It is particularly relevant for cases of unification of families and immigration for the purpose of marriage.The following article offers a short summary of the law as it has been amended in 2005 and 2007, as well as its interpretation by the government (since 2008) and then examines its conformity with international law. The Provisional Measure involves a clash between the right of the individual to marry the person of his choice and establish a family on the one hand, and the right of the state to regulate freely immigration and entry into its territory on the other hand. Since international law has not established a right to family unification nor to immigration for the purpose of marriage, the right of the state prevails in this matter. Yet, the Provisional Measure deviates from international law in a different aspect, as it leads to a de facto discrimination, mostly of Israeli Arabs. This discrimination is not permitted by the Convention for the Elimination of all Forms of Racial Discrimination, to which Israel is a party. It is recommended that Israel amends the law in order to bring it into conformity with international law.
Sleeping with the enemy? On Hayek, constructivist thought, and the current economic crisis
Authors: KESSLER OLIVER 
Published: March 2012

AbstractThe current economic crisis challenges the constitutive rules of global finance. Despite its various roots, dynamics, and consequences, the current reform debate is surprisingly limited in scope: it focuses on possible changes of Basle II and thus banking regulation only. This article suggests that the reason for this ‘gap’ can be found in the idea of asymmetric information. The idea that the asymmetric dispersion of information is the ‘real’ cause of the crisis is reiterated constantly in public documents. However, the argument rests upon two assumptions: that crises are exogenous to otherwise efficient and stable markets, and that finance is an autonomous field where the primary focus of the current reform can then concentrate on its laws. It is thought that it is enough to reform financial markets to stabilise the global economy. This article suggests that this belief is utterly misguided and argues that a more comprehensive picture of the current turmoil needs to abandon exactly these two assumptions. To pursue such an avenue, this article provids an interpretation of Hayek's social theory.
ESSENTIAL STATE SURFACES FOR KNOTS AND LINKS
Authors: OZAWA MAKOTO 
Published: March 2012

AbstractWe study a canonical spanning surface obtained from a knot or link diagram, depending on a given Kauffman state. We give a sufficient condition for the surface to be essential. By using the essential surface, we can deduce the triviality and splittability of a knot or link from its diagrams. This has been done on the extended knot or link class that includes all semiadequate, homogeneous knots and links, and most algebraic knots and links. In order to prove the main theorem, we extend Gabai’s Murasugi sum theorem to the case of nonorientable spanning surfaces.
Variation of the first cut‐off frequency of the Earth‐ionosphere waveguide observed by DEMETER
Authors: Toledo‐Redondo S. , Parrot M. , Salinas A. 
Published: March 2012

More than four years of VLF electric field data recorded by DEMETER have been analyzed, in order to monitor the first cut‐off frequency (QTM1) of the Earth‐ionosphere waveguide, at around 1.6–1.8 kHz. Since losses in a waveguide are maximized right at the cut‐off frequency, DEMETER (∼700 km orbit) can detect the minimum of energy of the leaking fields coming from the waveguide. This measurement permits to draw a global map of its value (f1), which is directly related to the effective height of the ionosphere (h) by the relation f1 = c/2h (c is the speed of light). It enables the remote sensing of the D region, which is one of the less known layers of the ionosphere, because it is too low for satellites to orbit inside it and too high for balloons to reach it. The effective height depends mainly on the electron density (Ne) and neutral density (Nn) profiles, which determine the plasma frequency and the electron mobility. The effective height shifts downward 5–10 km in southern warm season in the South Pacific Ocean. Another effect is observed in the Indian and Atlantic Oceans; the effective height decreases its value twice a year, in the area of roughly ±15° from the geomagnetic equator. The main causes for the changes on the effective reflection height are the solar radiation and the thunderstorm activity. However, the observed shifts are more prominent over the oceans, and a possible explanation for this difference could be attributed to i) less polluted conditions above the oceans (aerosols change the atmospheric conductivity and then the global atmospheric electric circuit), ii) the effect of the current associated to the thunderclouds on the bottom of the ionosphere because thunderstorms are much more numerous above land, or iii) ionization by elves because their occurrence is larger above oceans.
Modeling the daytime, equatorial ionospheric ion densities associated with the observed, four‐cell longitude patterns in E × B drift velocities
Authors: Araujo‐Pradere Eduardo A. , Fang Tzu‐Wei , Anderson David N. , Fedrizzi Mariangel , Stoneback Russell 
Published: March 2012

Previous studies have quantified the longitude gradients in E × Bdrift associated with the four‐cell tidal structures and have confirmed that these sharp gradients exist on a day‐to‐day basis. For this paper, we incorporate the Ion Velocity Meter (IVM) sensor on the Communications/Navigation Outage Forecasting System satellite to obtain the daytime, verticalE × B drift velocities at the magnetic equator as a function of longitude, local time, and season and to theoretically calculate the F region ion densities as a function of altitude, latitude, longitude, and local time using the Global Ionosphere Plasmasphere model. We compare calculated ion densities assuming no longitude gradients in E × Bdrift velocities with calculated ion densities incorporating the IVM‐observedE × Bdrift at the boundaries of the four‐cell tidal structures in the Peruvian and the Atlantic longitude sectors. Incorporating the IVM‐observedE × B drift velocities, the ion density crests rapidly converge to the magnetic equator between 285 and 300°E geographic longitude, are absent between 300° and 305°, and move away from the magnetic equator between 305° and 340°. In essence, the steeper the longitude gradient in E × B drifts, the steeper the longitude gradient in the equatorial anomaly crest location.
Identification of transcription regulation associated proteins in plants and stramenopiles
Authors: Riaño Pachón Diego Mauricio , Restrepo Silvia , Mueller-Roeber Bernd , Buitrago Florez Francisco 
Published: March 2012

AbstractThe generation of biodiversity is tied to the evolution and re-wiring of gene regulatory networks (GRNs). One component of these GRN are transcription factors and other transcriptional regulators. We have devised a pipeline for the identification of TFs and TRs, exploiting the domain architecture of these proteins. Currently we have a set of rules, representing 138 proteins families, that we have applied to the identification of ~20 different plant species and several species of Stramenopiles, where important plant pathogens are found. Results for plant species are available at http://plntfdb.uniandes.edu.co/; we are now developing a newer interface for Stramenopiles.
Seminal Plasma Proteins
Authors: Perumal P 
Published: March 2012

AbstractThe ejaculated semen consists of two major components viz. sperm cells (spermatozoa) and the fluid part obtained after centrifugation called seminal plasma. The spermatozoa originate from the semniferous tubule and are suspended in the seminal plasma. The seminal plasma is composed of secretions contributed by the testis, epididymis, seminal vesicles, ampullae, prostate and bulbourethral glands. About 60-80 % of the ejaculated semen of the bull originates from these sources. Seminal plasma is a highly complex biological fluid containing proteins, amino acids, enzymes, fructose and other carbohydrates, lipids, major minerals and trace elements. Seminal plasma proteins partly originates from the blood plasma by exudation through the lumen of the male genital tract and partly are synthesized and secreted by various reproductive organs and are known as seminal plasma specific proteins. Several seminal plasma proteins of blood origin viz. prealbumin, albumin, globulin, transferring, α-antitrypsin, β-lipoprotein, β-glycoprotein, orsomucoid, kininogen, Peptide hormones, IgG, IgA and IgM have been identified and characterized. These proteins are involved in regulation of osmotic pressure and pH of seminal plasma, transport of ions, lipid and hormones. A major part of seminal plasma proteins originate from the testis, epididymis, vas deference, prostate, seminal vesicle and bulbourethral glands. The biosynthesis and secretion of these proteins is regulated by testosterone levels in the blood.
Ultra compact multitip scanning tunneling microscope with a diameter of 50 mm
Authors: Cherepanov Vasily , Zubkov Evgeny , Junker Hubertus , Korte Stefan , Blab Marcus , Coenen Peter , Voigtländer Bert 
Published: March 2012

We present a multitip scanning tunneling microscope (STM) where four independent STM units are integrated on a diameter of 50 mm. The coarse positioning of the tips is done under the control of an optical microscope or scanning electron microscopy in vacuum. The heart of this STM is a new type of piezoelectric coarse approach called KoalaDrive. The compactness of the KoalaDrive allows building a four-tip STM as small as a single-tip STM with a drift of less than 0.2 nm/min at room temperature and lowest resonance frequencies of 2.5 kHz (xy) and 5.5 kHz (z). We present as examples of the performance of the multitip STM four point measurements of silicide nanowires and graphene.