bluuebunny/crossref_metadata_2025_split huggingface dataset:
Accelerated spectral refinement Part I: simple eigenvalue
Authors: Alam Rafikul , Kulkarni Rekha P. , Limaye Balmohan V. 
Published: February 2009

AbstractA general framework is developed for constructing higher order spectral refinement schemes for a simple eigenvalue. Well-known techniques for ordinary spectral refinement are carried over to higher order spectral refinement yielding faster rates of convergence. Numerical examples are given by considering an integral operator.
A quasi-Newton approach to identification of a parabolic system
Authors: Yu Wenhuan 
Published: February 2009

AbstractA quasi-Newton method (QNM) in infinite-dimensional spaces for identifying parameters involved in distributed parameter systems is presented in this paper. Next, the linear convergence of a sequence generated by the QNM algorithm is also proved. We apply the QNM algorithm to an identification problem for a nonlinear parabolic partial differential equation to illustrate the efficiency of the QNM algorithm.
Supplementary variable method applied to the MAP/G/1 queueing system
Authors: Choi Bong Dae , Hwang Gang Uk , Han Dong Hwan 
Published: February 2009

AbstractIn this paper we consider the MAP/G/1 queueing system with infinite capacity. In analysis, we use the supplementary variable method to derive the double transform of the queue length and the remaining service time of the customer in service (if any) in the steady state. As will be shown in this paper, our method is very simple and elegant. As a one-dimensional marginal transform of the double transform, we obtain the generating function of the queue length in the system for the MAP/G/1 queue, which is consistent with the known result.
Neutrally stable wave motions in thermally stratified Poiseuille-Couette flow
Authors: Denier James P. , Bassom Andrew P. 
Published: February 2009

AbstractThe influence of thermal buoyancy on neutral wave modes in Poiseuille-Couette flow is considered. We examine the modifications to the asymptotic structure first described by Mureithi, Denier & Stott [16], who demonstrated that neutral wave modes in a strongly thermally stratified boundary layer are localized at the position where the streamwise velocity attains its maximum value. The present work demonstrates that such a flow structure also holds for Poiseuille-Couette flow but that a new flow structure emerges as the position of maximum velocity approaches the wall (and which occurs as the level of shear, present as a consequence of the Couette component of the flow, is increased). The limiting behaviour of these wave modes is discussed thereby allowing us to identify the parameter regime appropriate to the eventual restabilization of the flow at moderate levels of shear.
On the scattering of water waves by a submerged slender barrier
Authors: Kundu P. K. , Saha N. K. 
Published: February 2009

AbstractAn approximate analysis, based on the standard perturbation technique, is described in this paper to find the corrections, up to first order to the reflection and transmission coefficients for the scattering of water waves by a submerged slender barrier, of finite length, in deep water. Analytical expressions for these corrections for a submerged nearly vertical plate as well as for a submerged vertically symmetric slender barrier of finite length are also deduced, as special cases, and identified with the known results. It is verified, analytically, that there is no first order correction to the transmitted wave at any frequency for a submerged nearly vertical plate. Computations for the reflection and transmission coefficients up to O(ε), where ε is a small dimensionless quantity, are also performed and presented in the form of both graphs and tables.
The BMAP/G/1 vacation queue with queue-length dependent vacation schedule
Authors: Shin Yang Woo , Pearce Chareles E. M. 
Published: February 2009

AbstractWe treat a single-server vacation queue with queue-length dependent vacation schedules. This subsumes the single-server vacation queue with exhaustive service discipline and the vacation queue with Bernoulli schedule as special cases. The lengths of vacation times depend on the number of customers in the system at the beginning of a vacation. The arrival process is a batch-Markovian arrival process (BMAP). We derive the queue-length distribution at departure epochs. By using a semi-Markov process technique, we obtain the Laplace-Stieltjes transform of the transient queue-length distribution at an arbitrary time point and its limiting distribution
Interface, Correspondence and Convergence of Human Rights and International Humanitarian Law
Authors: Vinuesa Raúl Emilio 
Published: February 2009

From a doctrinal point of view, the relationship between human rights and international humanitarian law (IHL) seems like a settled issue in terms of the correspondence of basic objectives and common aims.Different theories have tried to explain that relationship, taking into consideration either that human rights and IHL are separate systems or that they are completely integrated within international law. Most recent positions emphasize their convergence into a scheme of mutual coordination and complementarity.In our view, none of these positions clearly characterize the day-to-day interface between human rights and IHL. Taking that premise as a point of departure, our purpose is to demonstrate that there is no rational or organized convergence between the two systems of law, that similitude and correspondence are sometimes overwhelmed by diversity, and that gaps and overlaps between their rules are a common feature of their interrelations.
IHL and Peace Operations: Sharing Canada's lessons learned from Somalia
Authors: Young Robert M. , Molina Maria 
Published: February 2009

This note briefly reviews certain aspects of international humanitarian law (IHL) arising from the civilian Commission of Inquiry established in Canada on 20 March 1995 to investigate the role of Canadian forces during the multinational peace operation in Somalia in 1992 and 1993.After some background information, we focus on two key issues concerning IHL arising from the Commission's work:(1) The applicability of IHL to a peace operation such as the Canadian deployment to Somalia; and(2) Canada's obligation to provide IHL training to die members of its armed forces.We conclude with some observations on die Commission's impact, including die responses of die Canadian government and die Canadian Forces.
The Undertaking to Respect and Ensure Respect in All Circumstances: From Tiny Seed to Ripening Fruit
Authors: Kalshoven Frits 
Published: February 2009

The four Geneva Conventions of 1949 for the protection of war victims open with an unusual provision: it is the undertaking of the contracting states ‘to respect and to ensure respect for [the Conventions] in all circumstances’. Why reaffirm that contracting states are bound to ‘respect’ their treaty obligations? Does ‘all circumstances’ add anything special to this fundamental rule of the law of treaties? And what about ‘ensure respect’: should that not be regarded as implicit in ‘respect’, in the sense of a positive counterpart to the negative duty not to violate the terms of the Conventions?I readily admit that common Article 1 was not the first provision of the Conventions to capture my attention: there was, after all, so much to discover in these impressive structures that Article 1 could easily be passed over as an innocuous sort of opening phrase. Two things have changed this. One was the insistence of the International Committee of the Red Cross (ICRC) that a State Party to the Conventions is not only itself bound to comply with its obligations under these instruments but is under a legal obligation to make sure that other States Parties do likewise. The more this thesis of the ICRC was forced upon us, the less likely it seemed to me that this could indeed be an international legal obligation upon contracting states.
The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
Authors: Desch Thomas 
Published: February 2009

On 26 March 1999, the Diplomatic Conference on the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (hereinafter, 1954 Convention), held in The Hague from 15 to 26 March 1999, adopted a Second Protocol to that Convention. The reasons leading to the elaboration and adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (hereinafter, Second Protocol) are manifold.Firstly, armed conflicts that have taken place since the entry into force of the 1954 Convention, such as in Cambodia, the Middle East or the former Yugoslavia, have revealed its deficiencies. In particular, the Convention lacked full application, as most of the armed conflicts have been of a non-international character; furthermore, it lacked proper implementation, as the system of execution of the Convention, which is based on a functioning Protecting Power-and Commissioner General-system, proved to be unworkable in practice; and, finally, it lacked adequate provisions to cope with the extensive and systematic destruction of cultural property during armed conflict, as it contains no mandatory criminal sanctions regime.
War Crimes in Internal Conflicts: Article 8 of the ICC Statute
Authors: Robinson Darryl , von Hebel Herman 
Published: February 2009

The development of rules governing non-international, or internal, armed conflicts has long been characterized by a profound tension between concerns of sovereignty and concerns of humanity. Historically, strong sovereignty-oriented interests dictated a slow and cautious pace of progress in this sensitive area. In recent years, however, a growing humanitarian concern for the protection of victims has prompted rapid developments in the regulation of internal armed conflict. This transformation has been greatly assisted by the establishment of the twoad hocTribunals for the former Yugoslavia and Rwanda by the Security Council, in 1993 and 1994 respectively, and the operation of these bodies. Clear trends in this area include not only the articulation and recognition of a growing body of norms applicable in internal armed conflicts but also the expanding criminalization of violations of those norms. In a world where most armed conflicts are of a non-international character, these developments are of the greatest significance.From 15 June to 17 July 1998, delegations from 160 countries assembled in Rome to negotiate and adopt a Statute for an International Criminal Court (ICC), with jurisdiction over genocide, crimes against humanity and war crimes.
South Africa's Truth and Reconciliation Process and International Humanitarian Law
Authors: Dugard John 
Published: February 2009

Since its establishment in 1995, the South African Truth and Reconciliation Commission has captured the attention of an international community preoccupied with the problem of dealing with crimes of the past in divided societies. While the creation of a permanent international criminal court to punish those guilty of atrocities constituting international crimes has been the first priority, the international community has, albeit grudgingly, accepted that there may be circumstances in which amnesty and reconciliation hold out more hope for troubled societies than punishment. This realisation has led to the search for an acceptable alternative to punishment that does not result in absolute amnesty for those guilty of gross human rights abuses. The South African model, of conditional amnesty accompanied by the uncovering of the past, appears to offer such an alternative. This factor, together with the relief over the fact that apartheid has at last been laid to rest, accounts for the interest shown in the South African experience.The present note will not attempt to describe and analyse the South African precedent in detail. Instead it will provide an overview of the history, establishment and work of the South African Truth and Reconciliation Commission (TRC); examine the significance of the Report of the TRC for international humanitarian law; and consider the status of amnesty under contemporary international law in the context of the South African experience.
The First and Second Sessions of the Preparatory Commission for the International Criminal Court
Authors: Dörmann Knut 
Published: February 2009

The adoption of the Statute of the International Criminal Court in July 1998 in Rome was the culmination of years of effort by the international community. Under Article 126, the Statute will enter into force once it is ratified by 60 states. As many states will have to enact national legislation or even change their constitutions before ratification to comply with the obligations of the Statute, the required number of ratifications will probably not be reached in the short term.Besides, a number of tasks still remain to be undertaken by states, as indicated in the Statute itself, namely, drafting of a document called ‘Elements of Crimes’ (EOC), drafting of the Rules of Procedure and Evidence (RPE) and reaching agreement on the definition of the crime of aggression. Therefore, the UN General Assembly has mandated a Preparatory Commission (PrepCom) to prepare draft texts of the RPE and EOC and proposals for a provision on aggression, including its definition, elements and the conditions under which the International Criminal Court (ICC) shall exercise its jurisdiction with respect to this crime. The drafts of the EOC and RPE must be finalized by 30 June 2000, when they should be formally adopted. The definition of aggression does not have to be agreed on until the first review conference seven years after the entry into force of the Statute. In addition to these tasks, which this article will describe in greater detail, the PrepCom will work on a relationship agreement between the Court and the United Nations, basic principles governing a headquarters agreement and financial regulations and rules.
International criminal procedure and its participants: an examination of the interaction of judges, prosecutor and defence at the Yugoslav Tribunal
Authors: Safferling Christoph J. M. 
Published: February 2009

More than ten years have passed since the establishment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) on 25 May 1993. What was perceived then as being quite a scandalous step has come to seem somewhat normal both for international and criminal lawyers. The creation of the International Tribunal was a surprising move mainly for three reasons. First, from a public international law point of view, the UN Charter does not explicitly authorise anything like a ‘judicial intervention’ as a possible means to react to an international conflict and establish peace and security. Second, given that international criminal law at that time was hardly codified, the legality of prosecutions was questioned in view of the principlenullum crimen sine lege. Third, the procedural system of an international criminal prosecution was unclear.The shock concerning the first problem was reduced by the establishment of the International Criminal Tribunal for Rwanda (ICTR) shortly thereafter, and was later overcome by institutionalising ‘judicial intervention’ by Article 13(b) of the Statute of the International Criminal Court (ICC). The second problem was solved by the first judgment of the Appeals Chamber of the ICTY itself.
The year in review
Authors: McDonald Avril 
Published: February 2009

With the attacks of 11 September 2001 very much casting their shadow, 2002 was a year in which issues concerning both thejus in belloand thejus ad bellumoccupied centre stage in international law and relations and dominated the news agenda, but often in a way that promoted confusion and misinformation rather than greater understanding of the law, and, as the year progressed, frustration and despair rather than optimism.Transnational terrorism was cemented as the declared pre-eminent security concern of many states, and, as a consequence, full speed into the ‘global war on terror’ (hereinafter GWOT), the integrity of international humanitarian law, human rights law and international law in general, including the role of international organisations such as the United Nations, came under increasing challenge. Focal points of rancorous, polarised debate were the fact and the conditions of detention of persons, including minors, at Guantánamo Bay, Cuba; the applicability and relevance of international humanitarian law in the context of the terrorist threat and the counter-terrorist response; the perceived conflict between human rights and national security; the coming into being of the International Criminal Court (ICC) and the US's almost obsessive opposition to it; and, as the year drew to a close, the spectre of the use of force against Iraq without Security Council authorisation by an increasingly belligerent United States and a handful of its allies.
The complementary and conflicting relationship between the Special Court for Sierra Leone and the Truth and Reconciliation Commission
Authors: Tejan-Cole Abdul 
Published: February 2009

Societies emerging from political turmoil and civil unrest associated with gross violations of human rights and humanitarian law face the crucial question of how to deal with these atrocities and put the past in its place. Since the 1980s, this problem has been a major preoccupation of international law and scholarship. The traditional responses include outside intervention in such states pursuant to Chapter VII powers under the United Nations Charter, grants of conditional amnesty to perpetrators of war crimes and crimes against humanity, grants of some form of unconditional amnesty, and prosecution of perpetrators.Nowhere is this question more pressing than in Sierra Leone, which recently emerged from a ten-year civil war characterized by systematic, serious and widespread violations of human rights and international humanitarian law. The Government of Sierra Leone had to make a choice between these four traditional strategies for dealing with these pervasive human rights violations.
Transitional justice: the prosecution of war crimes in Bosnia and Herzegovina under the ‘Rules of the Road’
Authors: Manuell Janet , Kontić Aleksandar 
Published: February 2009

In May 1993, at the height of the wars in the former Yugoslavia, the United Nations' Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY). It did so in response to international outrage at evidence of war crimes being committed with impunity and on a scale unprecedented in Europe since World War II. The Statute empowered the ICTY to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991, in accordance with its provisions.The ICTY was established by the Security Council rather than the General Assembly because it was thought that the situation in the former Yugoslavia was too serious to wait for a lengthy ratification process. By characterising the war as a breach of the peace, the Security Council could act immediately under Chapter VII of the UN Charter. Part of the international community's motivation in establishing the Tribunal was to prevent further war crimes being committed in the region, particularly against the people of Bosnia and Herzegovina and Croatia.
Regulating explosive remnants of war
Authors: Maresca Louis 
Published: February 2009

There have been significant developments in recent years in the efforts to reduce the death, injury and suffering caused by anti-personnel landmines. These weapons are regarded as one of the major threats to civilians once an armed conflict has ended. Anti-personnel mines have killed and injured large numbers of men, women and children and slowed the rebuilding of war-affected countries. The longterm and indiscriminate effects of these weapons led to the adoption in 1997 of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction.Anti-personnel mines, however, are one part of a broader problem. Modern armed conflict leaves behind a wide array of explosive ordnance which, like antipersonnel mines, causes large numbers of civilian casualties and has severe socioeconomic consequences for years, and sometimes for decades, after the hostilities end. Until recently, international humanitarian law contained very few requirements to lessen the impact of these ‘explosive remnants of war’ (ERW).
International humanitarian law after September 11: challenges and the need to respond
Authors: Fleck Dieter 
Published: February 2009

The need to enforce and further develop international legal protection after 11 September 2001 has been discussed in prominentforabefore. A wide range of issues (self-defence, humanitarian law, human rights, national laws and regulations, criminal sanctions) must be considered in this context. Different phases of application of the law (international and non-international armed conflict, peace enforcement, post-conflict peace building, etc.) are affected. Misconceptions have been propagated at the highest government levels and have created new problems rather than solving existing ones.Among expert observers, such developments may cause feelings ofdéjà vu. In the years after the adoption of the 1977 Additional Protocols, when one might have expected that all efforts would be taken to accelerate the ratification of these new instruments and ensure respect for their provisions, Protocol I was criticised as being in the service of terror, an allegation that won certain influence although it was promptly and convincingly refuted. Concerns expressed more recently that the application of certain rules of humanitarian law might impede the fight against terrorism may stem from similar ways of thinking. They have made it necessary to explicate in detail that terrorist acts when committed during armed conflict are serious violations of humanitarian law, prohibited without any exception in the Geneva Conventions, their Additional Protocols and other international treaties and customary law, and that only scrupulous respect for international humanitarian law in military campaigns helps to strengthen the determination of all members of the international community to abide by the law in all circumstances.
The protection of refugees in international law post September 11 2001
Authors: Gilbert Geoff 
Published: February 2009

The protection of refugees in international law is always a complex mix of legal obligations and policy considerations. Unfortunately, the reaction against refugees post September 11 has ignored both the facts and the pre-existing law.This paper addresses how refugees have fared in international and domestic law post September 11 2001. Given that a refugee, by definition, has lost the protection of her/his state, there is no body, other than the United Nations High Commission for Refugees (UNHCR), which is able to respond in the face of unjustified restrictions on the rights accorded to this most vulnerable group.The first thing to note is that none of the people involved in the events of September 11 was a refugee. Equally, immediately after the events of September 11, approximately 100,000 Afghans fled Kabul fearing revenge attacks by the United States. At the same time, under pressure from Pakistan and Iran, the United Nations High Commission for Refugees facilitated the repatriation of 215,000 Afghan refugees.