bluuebunny/crossref_metadata_2025_split huggingface dataset:
Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
Authors: Gattini Andrea 
Published: May 2011

Abstract
This chapter offers a short overview of different methods of compliance with international judicial decisions by the domestic judiciary. It focuses on judicial compliance in a broad yet technical meaning, leaving aside the no less fascinating, but fundamentally different, question of judicial reception, i.e., the use by a national court of the findings of an international court as authoritative interpretation of the content of an international norm. This chapter does of course encounter different normative settings, but it is confronted as well with questions appertaining to the self-understanding of each court and with different attitudes of States towards each of them. Taking such an insight, a dogmatic approach inevitably comes up against the realm of judicial policy and expediency, and the even broader field of the social acceptance of legal rules.
Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests
Authors: Sand Peter H 
Published: May 2011

Abstract
Most commentators on the work of the United Nations Compensation Commission (UNCC) agree that the Commission and its law-making record were rather unique in international law, both in terms of institutional and procedural characteristics, and in terms of the substantive legal rules applied. Within the Commission's range of work in turn, there is a distinct segment that stands apart from the general context of the UNCC ‘regime’; namely the system of compensation for environmental claims, referred to as the ‘F4’ category. This chapter seeks to clarify the question as to why and how, or to what extent, the rules applied to environmental claims were indeed different, or sui generis, as compared with the rest of the UNCC. It is only after this kind of analytic clarification that the ulterior question can be asked as to whether the UNCC/F4 experience may hold any precedential lessons for other claims proceedings in the future.
Deviations from Ownership-Control Proportionality—Economic Protectionism Revisited
Authors: Ringe Wolf-Georg 
Published: May 2011

Abstract
This chapter revisits some of the aspects of the one share/one vote (OSOV) debate in the shadow of the protectionist fears that have lurked in the corners of discussions since the beginning of the financial crisis. It begins with an overview of the current OSOV debate, including the EU's policy agenda as well as the approach taken by the Court of Justice of the European Union and the academic debate. It then explores the presence of deviations from OSOV in the business world, both from a current and a historic perspective. This allows the evaluation of the landscape seen by some to be developing as a consequence of the recent 2008/09 financial crisis. Finally, implications from this new perspective are drawn.
‘Writing the Lives of Painters’
Authors: Junod Karen 
Published: May 2011

Abstract
This book explores the development of artists' biographies in eighteenth- and early nineteenth-century Britain. The development of the art market and the burgeoning of an exhibition culture all contributed to redefining the rank of artists in society. This social redefinition of the status of artists in Britain was shaped by a thriving print culture. Contemporary artists were discussed in a wide range of literary forms, including exhibition reviews, art-critical pamphlets, and journalistic gossip-columns. Biographical accounts of modern artists emerged in a dialogue with these other types of writing. This book is an account of a new literary genre, tracing its emergence in the cultural context of the late eighteenth and early nineteenth centuries. It considers artistic biography as a malleable generic framework for investigation. Indeed, while the lives of painters in Britain did not completely abandon traditional tropes, the genre significantly widened its scope and created new individual and social narratives that reflected and accommodated the needs and desires of new reading audiences. This book also maintains that the proliferation of a myriad biographical forms mirrored the privileging of artistic originality and difference within an art world that had yet to generate a coherent ‘British School’ of painting. Finally, by focusing on the emergence of individual biographies of British artists, this book examines how and why the art-historiographic model established by Georgio Vasari was gradually dismantled in the hands of British biographers during the Romantic period.
3 William Beckford's Biographical Memoirs of Extraordinary Painters (1780)
Authors: Junod Karen 
Published: May 2011

Abstract
Chapter 3 argues that Beckford's Biographical Memoirs of Extraordinary Painters (1780) should be regarded as an idiosyncratic response to the connoisseurial discourse elaborated in the eighteenth and early nineteenth centuries. Beckford's knowledge of art and art theory, combined with his talents as a satirical novelist, produced a work which was not only funny but also theoretically insightful. Beckford's work directly responded to, and was inspired by, other contemporary writing on art and artists. Indeed, the Memoirs was closely related to other artistic satires produced in England, by writers such as Henry Bate Dudley, Peter Pindar, and Anthony Pasquin. Beckford's text also contains certain tropes and topoi – already present in Walpole's Anecdotes – which participated in constructing specific artistic individualities, some of which would re-emerge later in the lives of historical British painters.
Responsibility as a Form of Accountability and the UN Legal Order
Authors: Tzanakopoulos Antonios 
Published: May 2011

AbstractIn introducing the book, this chapter discusses whether it is meaningful to study the question of ‘accountability’ of international organizations in general, and of the United Nations Security Council in particular. It argues that the term ‘accountability’ is too open-ended, and that too many different forms of accountability exist (political, legal, reputational, financial, etc.) for the term to be used without further clarification. The chapter then seeks to determine whether any of the forms of accountability presented can effectively be implemented with respect to Security Council action. It concludes that the focus needs to be on responsibility, i.e., on the legal form of accountability, and sets the scene for the discussion of the international responsibility of the United Nations for Security Council action that will follow.
Elegy and Its Traditional Possibilities
Authors: Garner R. Scott 
Published: May 2011

AbstractAfter summarizing the evidence for the oral performance of early Greek poetry in general, Chapter 1 represents an initial investigation into the possibilities that existed for the employment of traditional and formulaic phraseology within archaic elegy. Within Homeric epic, oral‐formulaic phraseology existed in symbiosis with a flexible partitioning system in which each stichic hexameter was separable into four recognizable units (or cola) which could then be combined to produce composite verses consisting of regularized and traditional content. In the hexameter portion of early elegiac couplets, this same four‐part division can also be observed, while the so‐called pentameter line within each couplet also regularly divides into four integral units. In the end analysis, it is clear that archaic Greek elegy possessed a metrical partitioning scheme that would have allowed for the possibility of employing formulaic phraseology.
Formulas in Early Greek Elegy
Authors: Garner R. Scott 
Published: May 2011

AbstractGiven the structuring properties discovered for archaic Greek elegy in Chapter 1, Chapter 2 proceeds to demonstrate that such structuring tendencies were used to great benefit by elegists for the employment of regularly recurring phrases that could be adapted to fit varying metrical contexts. Through the investigation of a subset of poetic phraseology labeled “lexical formulas,” that is, “groups of two or more lexemes that appear together regularly in order to fill out completely a traditionally defined colon or cola either by themselves or in conjunction with prepositive or postpositive words,” this chapter demonstrates that recurring phrases within archaic elegy were localized and transformed within the couplet according to standardized rules that share great affinity with the techniques that lay at the heart of early Greek epic. There did indeed exist, then, a traditional system of meter and poetic language that would have enabled elegiac poets to employ formulaic phraseology within their verses, and this system seems to work in symbiosis with epic verse‐making techniques rather than as a parallel but generically separate practice.
Epic Correption or “Traditional” Correption?
Authors: Garner R. Scott 
Published: May 2011

AbstractThis chapter demonstrates that the formulaic possibilities discovered in previous chapters for early Greek elegy were actively at work during the archaic period rather than existing as an already moribund tradition playing a much less dynamic role in shaping the elegiac verse that has survived from that time. The evidence for this claim comes in the form of the metrical anomaly of epic correption, in which a long vowel or diphthong at the end of a word is shortened before an initial vowel or diphthong in the following word. This phenomenon — which exists in both epic and elegiac verse — is clearly tied to the modification of traditional phraseology as it is adapted to fit within less regular poetic environments, whether these occur in epic or elegiac contexts, and therefore shows active manipulation of such phraseology within traditionally prescribed limits.
A Capital-Based Approach to the Firm
Authors: Lewin Peter 
Published: May 2011

Abstract
This article investigates the nature of human capital (HC) through its relationship to the concept of capital more broadly. It shows that a ‘proper’ understanding of capital suggests that HC is a logical component of the capital structure of the economy and the organizations that comprise it. In contrast to the classical, the neoclassical, and (by implication) the Marxist view of capital, the Austrian view naturally embraces HC and other forms of ‘intangible’ capital such as intellectual and social capital. The relationship of HC to other forms of capital is subtle and is investigated here in some detail. Finally, the article examines how an all-embracing, fundamentally sound understanding of capital provides one with a flexible framework for the examination of a wide-ranging set of issues, including the relationship between production structures and organizational structures, the phenomenon of modularity (in production and organization), and the connection between planning and entrepreneurship.
Human Capital and Agency Theory
Authors: Spender J.‐C. 
Published: May 2011

Abstract
This article considers the ‘obvious’ relationship between human capital (HC) and agency theory (AT) with two goals in mind. First, to show how principal–agent theory (PAT) – the AT variant most understood by agency theory – clarifies HC as a way of describing individuals in the organizational context. Second, to explore how PAT's own shortcomings illuminate possibilities implicit but underexplored in the HC literature; for while a workplace relationship between PAT and HC seems obvious, it is conceptually complicated. The article begins with a review of the two concepts' history and the research programs from which they emerged. After considering the PAT–HC interaction, it shows how HC might contribute to the theory of the firm. Many see the firm as a socioeconomic context in which HC and agency issues collide under management's direction as other forms of capital enter the mix.
Human Capital, Entrepreneurship, and the Theory of the Firm
Authors: Loasby Brian J. 
Published: May 2011

Abstract
This article focuses on the entrepreneurship literature – which implies rather than offers an articulate theory of the firm. It suggests that entrepreneurship, the firm, and human capital form a natural grouping because they have a common foundation. The article lays down several radical points. Neoclassical theory has neither a place nor a need for an entrepreneurial theory of the firm – or a theory of the entrepreneurial firm. It defines the firm as determined by external (market) forces – so is often labelled a theory of markets rather than of firms. Economic theory is not overly interested in firms, their internal arrangements, or even why they exist. Insofar as individuals are present in the analysis, standard explanations ‘all rely on a reallocation of decision rights to resolve some conflict of incentives, and when this has been achieved everyone acts independently’.
Human Capital, HR Strategy, and Organizational Effectiveness
Authors: Boxall Peter 
Published: May 2011

Abstract
Strategic human-resource management (HRM) is a management discipline concerned with analysing strategic problems, choices, and outcomes in the management of work and people in organizations. Organizations of all sizes – small, medium, and large – can be analysed from a strategic HRM perspective because all depend on some kind of ‘human resourcing’ process. The aim of this article is to analyse the role of human capital (HC) from a strategic HRM perspective. It starts by outlining basic premises about the nature of HC. The article then examines three questions that are important for the analysis of HC and its relationship with firms' HR strategies and performance. The first is concerned with strategic HR problems. The second examines strategic choices in HC. The third question enters the debate around the prized outcome of sustained competitive advantage.
Understanding Interdependencies between Human Capital and Structural Capital
Authors: O'Donnell David 
Published: May 2011

Abstract
The purpose of this article is to address and begin to explore interdependencies between human capital and structural capital. It provides a brief, if somewhat critical, recent history of the emergence of the intellectual capital (IC) concept and how a largely taxonomic approach, and forms of neopositivist research, became institutionalized. The broad outlines of four approaches to addressing the agency–structure debate in social theory – namely, reductionist, determinist, conflationist, and relationist/realist – are very briefly discussed to set the scene for providing a skeletal outline of a Kantian pragmatist approach, which is relationist/realist, in this article. This is the kernel of the future-oriented approach to IC research advocated here to overcome the limits of both extant taxonomies and neopositivist worldviews. The conclusion reached is that future research from a Kantian pragmatist perspective has the potential to substantively enhance the understanding in this complex field.
The Distributed and Dynamic Dimensions of Human Capital
Authors: Nonaka Ikujiro , Toyama Ryoko , Peltokorpi Vesa 
Published: May 2011

Abstract
This article describes how the distributed dynamic dimensions of human capital (HC) are developed and utilized in knowledge-creating companies. It perceives HC as the most important resource for a firm, and argues that a firm's sustainable competitive advantage comes from its ability to create knowledge in a changing environment. Because knowledge is created by people in their interactions with each other and the environment, it is important to understand the nature of human beings in order to keep creating knowledge and make knowledge a sustainable competitive advantage of the firm. Compared to other resources, HC is different because humans are subjective, interrelated beings who make value judgments. The article builds on the philosophical concept of phronesis to describe the development and utilization of distributed, dynamic HC. It provides a review of HC literature and discusses the characteristics of human agents drawing from interpretative philosophy.
Interdependencies between People and Information Systems in Organizations
Authors: Burton‐Jones Andrew , Burton‐Jones Alan 
Published: May 2011

Abstract
This article argues that while people and information systems (ISs) represent the two single largest areas of investment for many organizations and are increasingly interconnected resources, there has been very little research on the nature of their interdependencies and how these interdependencies affect their functioning and complementarity. It discusses how a better understanding of the dynamics of interdependencies between people and ISs can help researchers study organizations and help organizations improve the interoperation of their human and technological assets, and thus returns on investments in them. The article begins by reviewing the concept of capital and its application to people – human capital – and information systems: ISs capital. Next, it surveys past literature on interdependencies and recent literature relating to interdependencies between people and information systems. Based on the analysis, the article proposes an agenda for future research aiming to conceptualize interdependencies between people and ISs in a richer fashion.
Looking to the Future
Authors: Sherer Peter D. 
Published: May 2011

Abstract
This article examines how human capital is transferred across organizations in a population, by looking at the case of US corporate-law firms. Remarking on the lack of linkage between Becker's notion of general and firm-specific human capital (HC) and the organizational literature on inter-firm movement of talent, it discusses how these literatures may be reconciled and how synthesizing HC and organizational perspectives can bring HC deeper into organizational theory. The article looks to the future with the idea of bringing organizations deeper into HC theory. From an organizational-process perspective, it suggests that two alternative processes may occur when HC is transferred from one firm to another: Relocation, when general HC is transferred; and Replication, when firm-specific human capital is transferred. The article helps to appreciate both the value and the limitations of Becker's distinction between general and firm-specific human capital.
Substance use and exercise participation among young adults: parallel trajectories in a national cohort‐sequential study
Authors: Terry‐McElrath Yvonne M. , O'Malley Patrick M. 
Published: May 2011

ABSTRACTAims  This study examined the extent to which the trajectory of participation in sports, athletics or exercising (PSAE) covaried with substance use in early adulthood controlling for team sports participation using parallel process latent growth curve modeling.Design, setting and participants  Analysis of data collected from a series of panel studies using a cohort‐sequential design. Specifically, the analyses used longitudinal data from 11 741 individuals from the graduating classes of 1986–2001, first surveyed as seniors in American high schools. Up to four additional follow‐up surveys were administered to age 26 years. Data were collected using in‐school and mailed self‐administered questionnaires.Measurements  Level of PSAE, past‐30‐day alcohol, cigarette and marijuana use frequency and any past‐30‐day use of illicit drugs other than marijuana (IOTM) were the main processes of interest. Self‐reported race/ethnicity, college status at age 19/20 years, parental education, gender and team sports participation during high school were included as covariates.Findings  Results indicate that higher initial levels of PSAE related to lower initial substance use prevalence rates other than alcohol, and lower initial prevalence rates of substance use then corresponded with lower substance use rates throughout early adulthood. Further, as individuals increased PSAE levels throughout early adulthood, the frequency of their use of cigarettes, marijuana and IOTM correspondingly decreased.Conclusions  Increased participation in sports, athletics or exercising (PSAE) is related to significantly lower substance use frequency at modal age 18 and through significantly and negatively correlated growth trajectories through early adulthood. Encouraging PSAE among adolescents and early adults may relate to lower substance use levels throughout early adulthood.
Australian smokers' and recent quitters' responses to the increasing price of cigarettes in the context of a tobacco tax increase
Authors: Dunlop Sally M. , Perez Donna , Cotter Trish 
Published: May 2011

ABSTRACTAims  To track smokers' responses to the increasing price of cigarettes after a tax increase, and assess socio‐demographic differences in responses.Design  The Cancer Institute NSW's Tobacco Tracking Survey (CITTS) is a continuous tracking telephone survey. Weekly data were collected between May and September 2010.Settings  New South Wales, Australia.Participants  A total of 834 smokers and 163 recent quitters (quit in last 12 months).Measurements  Responses to the price increase included smoking‐related changes (tried to quit, cut down) and product‐related changes (changed to lower priced brands, started using loose tobacco, bought in bulk). Recent quitters were asked how much the increasing price of cigarettes influenced them to quit.Findings  Overall, 47.5% of smokers made smoking‐related changes and 11.4% made product‐related changes without making smoking‐related changes. Multinomial logistic regressions showed that younger smokers (versus older) were more likely to make product‐related changes and smoking‐related changes in comparison to no changes. Low‐ or moderate‐income smokers (versus high‐income) were more likely to make smoking‐related changes compared to no changes. Highly addicted smokers (versus low addicted) were more likely to make product‐related changes and less likely to make smoking‐related changes. The proportion of smokers making only product‐related changes decreased with time, while smoking‐related changes increased. Recent quitters who quit after the tax increase (versus before) were more likely to report that price influenced them.Conclusions  The effect of increasing cigarette prices on smoking does not appear to be mitigated by using cheaper cigarette products or sources. These results support the use of higher cigarette prices to encourage smoking cessation.