bluuebunny/crossref_metadata_2025_split huggingface dataset:
Problems of Compulsory Jurisdiction and the Settlement of Disputes Relating to Straddling Fish Stocks
Authors: Boyle A.E. 
Published: March 2012

AbstractModern fisheries law has for some time recognised the special interest of coastal states in the management of adjacent high seas fisheries. It has been slower to acknowledge a comparable interest on the part of high seas fishing states in the conservation and management of EEZ stocks by coastal states. This imbalance of rights and obligations between these two groups of states continues to be reflected in the fisheries articles of the 1982 UNCLOS and in the 1995 Agreement on Straddling and Highly Migratory Fish Stocks. Much of the Law of the Sea Convention is about balancing the interests of different groups of states, and maintaining that balance is one of the reasons for adopting the principle of compulsory binding dispute settlement of disputes in Part XV of the Convention. Disputes about straddling fish stocks are necessarily disputes about the balance between coastal and high seas fishing states, and more generally, about the interest of the international community in sustainable management of stocks. Despite the significant changes which the 1995 Agreement makes to the substantive UNCLOS fisheries law, it remains far from clear that disputes concerning coastal state overfishing or inadequate management of straddling stocks within its own EEZ can be the subject of any form of binding process initiated by another fishing state or entity, even if there is a serious impact on the viability of stocks in other EEZs or on the high seas beyond national jurisdiction. But while coastal states and high seas states may have unequal rights and obligations with regard to fisheries access and management, they do have an equal interest in access to dispute settlement options. Both share a need for authoritative interpretation of difficult and complex texts; in both cases compulsory dispute settlement may be required in the event of failure to reach agreement on the management of shared access to straddling stocks. To hold that only coastal states have the right to compulsory binding settlement in such cases is to stabilise and protect one side of an equitable balance while leaving the other side vulnerable to erosion and instability. The question whether disputes concerning all or part of a straddling stock fall inside or outside compulsory jurisdiction is thus more than a technical question of treaty interpretation. It poses some fundamental questions about the nature of equitable utilisation as a legal principle governing use of common resources. Both in the interests of equitable access to justice, and the effective management and sustainable use of straddling stocks, compulsory jurisdiction should apply to all aspects of such a dispute. The rights of coastal states
Parents As Decision-Makers — Do the Attitudes of Norwegian Doctors Conform to Law?
Authors: Bahus Marianne K. , Føerde Reidun 
Published: March 2012

AbstractThis article studies whether the attitudes of Norwegian doctors regarding surrogate decision power in end-of-life care conform to legal rules, particularly as they apply to the protection of children. The article is based on a hypothetical scenario concerning a critically ill child, believed to be dying, presented to 406 doctors. The study indicates that doctors may permit parental/surrogate decision-making to a greater extent than justified by law, sometimes in contravention of the child’s best interests, which should be a fundamental guideline in all decisions that concern children. This article suggests a need to improve knowledge of doctors concerning parents’/surrogates’ right to participate in life-or-death decisions. We conclude that Norway needs a precedent decision from the Supreme Court that confirms the right of judicial review of end-of-life decisions, and which applies the principle of the child’s best interests as a fundamental guideline in the final decision.
Reflections on Arctic Maritime Delimitations: A Comparative Analysis between the Case Law and State Practice
Authors: Tanaka Yoshifumi 
Published: March 2012

AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic maritime delimitations by comparing them to the case law concerning maritime delimitation. In so doing, this study seeks to clarify features of Arctic maritime delimitations.
The Status of Non-Implemented EEA Law in Iceland: Lessons from the Judicial Reactions of the Supreme Court to International Law
Authors: Hannesson Ólafur Ísberg 
Published: March 2012

AbstractIn October 2007, the European Free Trade Association (EFTA) Court confirmed that the doctrines of direct effect and primacy could not be generated by the European Economic Area (EEA) Agreement alone. Rather, the effects of non-implemented EEA provisions were to remain in the hands of the EFTA States. Hence, the relevant question is what weight should be accorded to such norms in domestic law? The Icelandic Supreme Court has yet to take a stance on the direct effect question relation to incorrectly or insufficiently transposed EEA law. The issue has, however, been addressed several times in connection with the European Convention on Human Rights, before its incorporation. In order to address the unclear legal status of EEA norms in Icelandic law, this contribution takes a closer look at the judicial attitude of the Supreme Court taken towards international law in general and the Convention in particular. The perceived differences between EEA law and the Convention have made it easy for observers to dismiss such comparison on the grounds that the two kinds of legal regime are not readily comparable. The article questions these apparent differences by pointing out that EEA law in fact shares all of the features of the Convention that led judges to enforce it in the Icelandic legal order.
Aggiornamento and Unity: the Ambitious Ecumenical Theology of Anton Houtepen (1940-2010)
Authors: Steenbrink Karel A. 
Published: March 2012

AbstractOn 11 December 2010 Professor Anton Houtepen passed away after a long fight with cancer. Between 1988 and 2004 he was Director of IIMO, the Interuniversity Institute for Missiological and Ecumenical Studies in the Netherlands. This article presents a biography of this learned and inspiring pioneer of the ecumenical movement. Besides the internal discussion within the Christian communities, special attention is given to his dialogue with the ongoing progress of secularisation.
'Stop Suffering': an Examination of the Concepts of Knowledge and Power With Special Reference To Sacred Practitioners in Harare
Authors: Chitando Ezra 
Published: March 2012

AbstractThis article examines the concepts of knowledge and power in relation to charismatic preachers, African Initiated Church prophets and traditional healers in Harare. It explores how these practitioners perceive knowledge and power by adopting a phenomenological approach. How patients and 'consumers' regard preachers, prophets and traditional healers as being in possession of knowledge and power is also a central concern of the discussion. It is shown that believers are convinced that these specially endowed people are capable of ameliorating human distress through their esoteric knowledge and power. Through an examination of the prevailing socio-economic environment it is illustrated how most Africans are convinced that human knowledge and power are severely limited. A plea is made for religion to be taken seriously by all policy makers who desire to witness the transformation ofAfrican communities.
Philosophische Und Theologische Grundprobleme Beim Verstehen Des Südafrikanischen Versöhnungsprozesses
Authors: Wüstenberg Ralf K 
Published: March 2012

AbstractIn this article the work of the Truth and Reconciliation Commission is evaluated against three main criticisms. The first concerns the conception of truth underlying the work of the TRC. The second concerns the difficult issue of reconciliation and its concomitant manifestations of amnesty and forgiveness. The third criticism concerns the question about the nature of the justice established through the work of the TRC. This is then theologically evaluated with reference to the work of Dietrich Bonhoeffer and Dietrich Ritschl.
Biblical Authority Between Fundamentalism and Postmodernism: Elements of an Evolutionary Hermeneutics
Authors: Nürnberger Klaus 
Published: March 2012

AbstractAfter a brief critique of traditional and current approaches, this article proposes a new hermeneutic, here called below-the-text reading, which traces the evolutionary trajectories of soteriological paradigms, such as the exodus or the kingship, through a thousand years of biblical history. This method exposes and undercurrent of meaning manifesting itself through successive texts like a story unfolding through the series of frames in a film strip. The emergence and evolution of such paradigms in biblical history are due to the fact that the divine Word responds to human needs in all dimensions of life. Not the individual texts are canonical, it is argued, but the dynamic and direction of the undercurrent of meaning. By extrapolating its thrust to present predicaments, justice can be done both to the canonicity of historical scripture and the demands of modern situations.
A Defense of Hobbes's "Just Man"
Authors: Harvey Martin 
Published: March 2012

AbstractIs genuinely just behavior possible for Hobbesian agents? More perspicuously, does Hobbes allow that at least some individuals conceive of justice as not simply a means to self-preservation, but furthermore, as a worthwhile end in its own right? In a recent issue of Hobbes Studies I answered both of these questions in the affirmative.1 Therein, however, for reasons of space I neglected to explore and defend adequately Hobbes's conception of the "Just Man" as someone for whom genuinely just behavior is, in the Jamesian sense, a "live option." I intend to correct this scholarly deficit forthwith by proffering what I consider to be a thorough defense thereof. Those who advocate the Standard Reading (hereafter SR) of Hobbes as an egoist will, of course, α priori dismiss such claims as "astonishing" to say the least.2 Nonetheless, if my exegesis and defense is successful then SR will have to undergo a transformation; succinctly, proponents of SR will be forced to acknowledge the Just Man's presence and to weaken their presuppositions and conclusions accordingly (rather than simply ignoring the Just Man as a textual aberration). I begin by cataloging and critically commenting upon the numerous references Hobbes makes to the "Just Man" throughout the major works that constitute his moral and political corpus: The Elements of Law (1640), De Cive (1642) and both the English and Latin versions of Leviathan (1651/1688).3 I then turn in the next section to a defense of the pos
Hobbes on Miracles (and God)
Authors: Bertman Martin 
Published: March 2012

AbstractHobbes accepts only one proof for God's existence: God as first cause of nature. Thus, the laws of nature express God's will, nothing else is knowable about God. The state projects God's will because it responds to the deepest natural -- security and prosperity -- by opposing anti-social tendencies. Thus, the sovereign, by right reason, is the public measurer of religion. In private, religion is a matter of faith. Christianity is based on the sole proposition that salvation comes by Christ. That scriptural message was attested to by miracles in the Apostolic era but is now a matter of faith. The contemporary assertion of miracles is suspect; especially, when it is institutionalized and endangers the power of the sovereign.
Mercy Corps in China: Combining Global Experience with Successful Chinese Models
Authors: Hart Paul Dudley 
Published: March 2012

Abstract
Mercy Corps’ collaborative work with Chinese organizations demonstrates an emerging paradigm of global humanitarian partnership where a connection between regional wisdom and international expertise is applied to address local poverty. Mercy Corps, a global relief and development agency known for innovative programming, implements disaster management capacity building projects, migrant youth trainings, exchange programs, and young leader development activities in China through partnerships with institutions and NPOs including the China Foundation for Poverty Alleviation and the All China Youth Federation. These joint activities have illustrated how much organizations like Mercy Corps can learn from the Chinese approach to development, which has been inspired and made possible by enormous Chinese-led efforts toward poverty alleviation over the past three decades and also supported by the emergence of socially innovative ideas and leaders. Through these partnerships, Mercy Corps’ deep level of global technical expertise and track record of impact-focused programming has served as a necessary ingredient to further support and enhance China’s development goals. This article explores the history and values of Mercy Corps’ work in China; China’s unique perspective and influence as a humanitarian development player; and the opportunity that international NPOs have to work with China to jointly address the most urgent humanitarian challenges around the world.
Venture Philanthropy, A New Model for Cultivating NPOs: The Case of the Shanghai Community Venture Philanthropy Competition
Authors: Qihai Cai 
Published: March 2012

Abstract
Venture philanthropy (VP) traces its roots back to the United States in the 1990s. In 2009, the Shanghai municipal government launched a “Shanghai Community Venture Philanthropy Competition”, the first large-scale venture philanthropy experiment organized by a governmental body in China. This article uses on-site surveying and quantitative analysis to address this mechanism for VP. A comparison of VP abroad and VP in Shanghai reveals that Shanghai’s VP resembles a hybrid model: it borrows basic ideas from VP as practiced abroad, yet retains features of traditional charitable grantmaking. As a new model for cultivating NPOs, VP introduces strong elements of efficiency and accountability and has the potential to transform the third sector as we know it. Finally, the article presents several problems facing venture philanthropy in Shanghai and offers some thoughts on possible policy solutions.
Voluntary Failure in Village Culture-Building: The Case of the Qu Yuan Village Library
Authors: Wenqi Dong 
Published: March 2012

Abstract
Villages were once viewed as the base of individual and clan-centered human life. Against the waves of modernization and globalization, however, village culture has withered, gradually lost its original cultural sprit, and become a cultural desert. With the central government pursuing its “three rurals” campaign, developing agriculture and advancing new village-building, people across all sectors of society have paid increasing attention to the lag in culture-building in China’s villages. The Qu Yuan Village Library is the result of volunteer activities associated with the new focus on villages. This article takes the library as its example. This analysis of its formation, operations and challenges affords us a unique view into village-level volunteerism. The piece demonstrates how much village-level culture-building depends on the participation of elites from outside villages who donate much like “donating blood” or “giving alms”. Though these elites, rich in social resources and volunteer spirit, may be able to increase provision of cultural public goods in the short-run, because they lack long-term mechanisms for resource mobilization and sustained local participation, their efforts often result in “voluntary failure”. Resolving this issue will require “multi-centric” entities such as governments, markets and volunteer organizations to coordinate in order to ensure full expression of their functions.
Sergei Diaghilev and the “VII Esposizione Internazionale d’arte di Venezia,” 1907
Authors: Bertelé Matteo 
Published: March 2012

Abstract
Based on previously unpublished archive material, the text details the troubled organization of the Russian Hall commissioned by Sergei Diaghilev for the Venice Biennale of Fine Arts in 1907. Its focus is on the correspondence between the “Esposizione”’s Secretary General, Antonio Fradeletto, and Diaghilev, a discourse saturated by national stereotypes and mutual ignorance, which, because of mistrust and deep incompatibilities, ends up relying on a wide network of mediators, among which figure international diplomats and socialites.
One or Two Voices? Dance and Music in the Ballets Russes
Authors: Jordan Stephanie 
Published: March 2012

Abstract
One of the most important aesthetic innovations of Diaghilev’s Ballets Russes was its shifting relations between music and dance. At first, the guiding principle was synaesthesia, linked to the Wagnerian concept of Gesamtkunstwerk but at the same time there were moves towards independence between the two media. Ballets by Fokine, Nijinsky and Massine are discussed here, followed by a range of examples from Nijinska’s Les Noces (Stravinsky, 1923) that demonstrate the new contrapuntal developments with the highest degree of sophistication
“Engulfed in a Whirlwind”: Diaghilev’s Dancers in the Postwar Ballets Russes
Authors: Genné Beth 
Published: March 2012

Abstract
During Worl War I and the postwar period, the Ballets Russes bacame a truly international company, forced to absorb and adapt to the very latest trends in contemporary Western culture. This article describes the challenges facing dancers in the post-war period.
Sergei Diaghilev’s Example: The Case of George Balanchine
Authors: Reynolds Nancy 
Published: March 2012

Abstract
In 1925 George Balanchine joined the Ballets Russes, the ballet company directed by Sergei Diaghilev, when he was just twenty years old. Many of the elements of his mature art can be traced to his time with the mesmerizing Diaghilev, who controlled virtually every aspect of his troupe’s activities.
Congruence between preferred and actual place of care and death among Danish cancer patients
Authors: Brogaard Trine , Neergaard Mette A , Sokolowski Ineta , Olesen Frede , Jensen Anders B 
Published: March 2012

Background: Meeting patient’s preferences is an important outcome in palliative care. No Scandinavian study has reported systematically collected preferences from patients regarding place of care (POC) and place of death (POD). The extent of possible incongruence between patients’ preferences and reality remains unknown. Aim: The aim of this study was to describe patients’ preferred POC and POD and changes in preferences over time and to evaluate congruence between preferences and reality. Furthermore, the aim was to search for predictive factors regarding patients’ wishes and fulfilment of these. Method: This is a prospective interview and questionnaire study. Setting/participants: The study was conducted in the former Aarhus County, Denmark and 96 end-stage cancer patients participated. Results: Of the patients, who stated a preference, 84% preferred home care and 71% preferred home death. A positive association between living with a partner and both wishing for home care and home death was observed (prevalence ratio (PR): 1.66 (95% confidence intervals (CI): 1.07, 2.58), p = 0.02 and PR: 2.33 (95% CI: 1.14, 4.77), p = 0.02, respectively). Marked changes in preferences were observed. Overall, preferences were met for approximately half of the patients, although kappa values were low ( κ=0.132 for POC and κ=0.034 for POD).We found a significant association between being cared for in the preferred place and having contact with a palliative care team (PR: 2.01 (95% CI: 1.02, 3.98), p = 0.045). Conclusion: Regular discussions with patients on this subject are needed. Social and professional support is of importance in meeting patients’ preferences. Larger scaled studies and research focusing on meeting patients’ preferences are needed.
The effects of the renin-angiotensin-aldosterone system gene polymorphisms on insulin resistance in hypertensive families
Authors: Hsiao Chin-Fu , Sheu Wayne WH , Hung Yi-Jen , Lin Ming-Wei , Curb David , Ranadex Koustubh , Quertermous Thomas , Chen Yue-Ming , Chen Ida Yi-Der , Wu Kwan-Dun 
Published: March 2012

Introduction: The hereditability of insulin resistance has been demonstrated in both familial and twin studies. The effects of renin-angiotensin-aldosterone system gene polymorphisms on insulin resistance remain inconclusive. Methods: This is a sibling-based association study. Polymorphisms of renin-angiotensin-aldosterone system genes were examined in 1113 hypertension and 676 normotension siblings from Chinese and Japanese hypertensive families. The generalized estimation equations method was used to compare the differences in metabolic variables between hypertension and normotensive siblings. Results: For the G-6A polymorphism of AGT, GG siblings had lower 2-h insulin than siblings carrying the A allele ( p=0.006). Siblings with different variants of the angiotensin II type 1 receptor A1166C had no difference in metabolic variables. Siblings carrying the D allele of the angiotensin converting enzyme gene had higher levels of fasting glucose, fasting insulin, area under the curve of insulin levels and the homeostasis model assessment of insulin resistance than II siblings (all p<0.05). Lower levels of fasting glucose and 2-h glucose were observed in siblings with the T allele than their CC homozygotes for the C-344T polymorphism of CYP11B2 ( p<0.05). Siblings carrying three high-risk genotypes of the angiotensin converting enzyme, angiotensinogen and CYP11B2 had higher fasting glucose level than siblings carrying no high-risk genotypes ( p=0.011). Conclusion: Our comprehensive analysis of renin-angiotensin-aldosterone system gene polymorphisms demonstrates that the angiotensin converting enzyme and CYP11B2 gene polymorphisms are associated with insulin resistance in hypertensive families.