bluuebunny/crossref_metadata_2025_split huggingface dataset:
Elements of Nordic Practice 2006: Norwegian Measures Taken Against Stateless Vessel Conducting Unauthorized Fishing on the High Seas
Authors: Fife Rolf Einar 
Published: October 2007

AbstractIn the summer of 2006 Norway carried out enforcement measures on the high seas against a fishing vessel that was assimilated to a ship without nationality. Afterwards, cooperation was moreover established with a new flag State and a port State. The course of events provides a rare illustration of the practical relevance of rules on stateless vessels, including in the context of the UN Fish Stocks Agreement of 1995.
The European Court of Human Rights as an Example of Convergence
Authors: Arold Nina-Louisa 
Published: October 2007

AbstractThe article summarizes the main findings of a study on the legal culture of the European Court of Human Rights (ECtHR). 1 Special attention is given to the question of how individual legal, vocational, historical and other experiences of the judges have an impact on their voting behaviour. Starting from the debate on convergence and divergence of law, it is legitimate to expect that these formative differences in individual experiences of the judges should matter. Surprisingly, the results gained through interviews, field study and empirical analysis of judgments show that their diversities in background are no hinder to convergence inside the Court. Especially, it is not the mentalités of the judges that create problems to the coming together of differences. Instead, it is in fact the mentalités of judges that promote convergence through pushing specific ideals and fostering homogeneity.
Reconnecting People and Healing the Land: Inuit Pentecostal and Evangelical Movements in the Canadian Eastern Arctic
Authors: Oosten Jarich , Laugrand Frédéric 
Published: October 2007

AbstractIn this paper we focus on Pentecostal and Evangelical movements in Nunavik and Nunavut. Although these movements are quite modern, they combine old and new features in a variety of ways. First we present a brief overview of the most important movements and their history. Then we examine in more detail recent developments, notably the case of the healing the land rituals developed by the Canada Awakening Ministries with the collaboration of a group from Fiji. Finally we discuss some of the basic patterns characterizing these new Christian movements and explore to what extent structural patterns can be discerned in these movements. They claim to introduce discontinuity with the past as well as new forms of solidarity integrating modern ideologies in a Christian perspective, but we will see that the relation to land as well as connections to shamanism remain central issues in modern Inuit discourses and practices of Pentecostalism.
Bones of Contention: Buddhist Relics, Nationalism and the Politics of Archaeology
Authors: Brekke Torkel 
Published: October 2007

AbstractRelics of Sāriputta and Moggallāna, two of the Buddha's closest disciples, were discovered by Fred. C. Maisey and Alexander Cunningham in a stūpa at Sānchī in 1851 and were re-enshrined at the same place in November 1952. The exact whereabouts of the relics between these two dates has been uncertain, partly because both Buddhists and scholars have assumed, incorrectly, that the relics that were brought back to India had been in the possession of Mr Cunningham. The purpose of this article is to give a detailed account ot the relics of Sāriputta and Moggallāna found at Sānchī. The account is based on correspondence and notes about the relics found in archives of the Victoria & Albert Museum, London, and on relevant sources published by the Maha Bodhi Society. I argue that the quarrel over the relics was an important part of the revival of Buddhism from the end of the nineteenth century. I also discuss how the relics of the two saints were used by the government of India as nationalist symbols.
The Phrygian Background of Kybele
Authors: Bøgh Birgitte 
Published: October 2007

AbstractThe cult of Kybele is well known from Greek and Roman sources and well-described in most modern literature on antique religions. The cult, however, is primarily known in its Roman version, which differs greatly from the cult in the ancient Phrygian homeland of Kybele. This article presents the latest research on this subject: iconography and roles, attendants relating to the goddess, cult places, rituals and worship, and transference of the cult from Phrygia to Greece. The Phrygian goddess, characterised by features of wild nature, was represented primarily by predatory birds, and she was worshipped in mountainous settings. Instead of portraying her as a typical Mother goddess associated with nature, fertility and procreation, new research has argued that her status as a Mother derives from her connection to the king, thus being the mother of the state and the throne. It is also maintained in the article that Attis is a late, Greek invention, and that the cult in Phrygia did not take the form of a mystery religion. In conclusion, it is suggested that the Black sea area played a role in the development and the dissemination of the cult.
The Decision of the Special Court for Sierra Leone to Conduct the Charles Taylor Trial in The Hague
Authors: Bigi Giulia 
Published: October 2007

AbstractOn 29 March 2006 former Liberian President Charles Taylor was surrendered to the Special Court for Sierra Leone, where he was charged of war crimes, crimes against humanity and other serious violations of international humanitarian law committed during the Sierra Leonean conflict since 1996. The same day, invoking concerns about stability and security in the West African sub-region if the trial were to be held in Freetown, the President of the Special Court submitted a request to the Government of the Netherlands and to the International Criminal Court to facilitate that the trial be conducted in e Hague. Accordingly, on 20 June 2006, Mr. Taylor was transferred to the premises of the International Criminal Court where the trial commenced almost one year later.The change of venue of the Taylor trial from Freetown to Europe has several implications, which the present contribution aims to discuss, given that the Special Court is the first international(ized) criminal tribunal faced with such a relocation. This paper firstly reviews the necessary procedural steps taken for the transfer; then, it focuses on the compatibility of this change in location with the spirit and purposes of the Statute of the Special Court; finally, it considers the matter in relation to the fundamental aspects of transparency and of the due process guarantees of the accused.
The Sui Generis Trial Proceedings of the International Criminal Court
Authors: McLaughlin Colin 
Published: October 2007

AbstractIt may be difficult to place trial proceedings of international criminal tribunals on the spectrum of classical trial paradigms even though common law and Romano-Germanic law differences are most obvious in that phase of a trial. It is important to understand the history, and compare the procedural underpinnings, of the different aspects of the International Criminal Court (ICC) trial proceedings. This article will highlight the sui generis nature of the ICC trial proceedings. In doing so, it will show how the two main legal systems of the world have been combined to create pertinent articles in the Rome Statute. This review makes clear that the drafters of the Rome Statute devised a procedure that will best assist the ICC in accomplishing its tasks as an international judicial body. The judges of the trial chamber, whether from a Romano-Germanic or common law background, will conduct proceedings and administer justice based on the combinations of the world's most influential legal systems.
Reconsidering Dualism: The Caribbean Court of Justice and the Growing Influence of Unincorporated Treaties in Domestic Law
Authors: Aaron David 
Published: October 2007

AbstractIn dualist states, international and domestic legal commitments have traditionally existed on entirely separate planes. Despite the evolution of international legal norms since the end of the Second World War, courts in dualist states have continually opposed using international law to interpret domestic legislation. The author suggests that the traditional dualist view, in which international treaty commitments have no domestic effect until incorporated through the dualist state's domestic legislative process, is weakening.This paper begins with an overview of the monist-dualist distinction in international law and explains dualism's approach to the relationship between domestic and international law. The next section of the paper explores traditional dualist jurisprudence on the role of unincorporated treaties in domestic law and explains why judges have clung to a rigid application of dualism. The weakening of this inflexible approach is then examined, culminating in an analysis of the pivotal recent judgment of the Caribbean Court of Justice in Boyce. This paper concludes that dualism is waning, particularly in cases where domestic law falls short of international human rights standards, as courts demonstrate an increased willingness to use unincorporated treaties as interpretive aids when construing and applying domestic law.
The Enhancing of the WTO Judiciary's Control over Disputes and Suggestions for the Exceptional Expansion of Such Control to Favour Developing and Least Developed Countries
Authors: Alvarez-Jiménez Alberto 
Published: October 2007

AbstractThe WTO judiciary has enhanced its control over WTO disputes in order to better adjudicate trade controversies. The strengthening of this control is evidenced by the increasing fact-finding powers that the WTO judiciary enjoys today and in the freedom to develop legal argumentation apart from that exposed by parties. While these are the centerpieces of this project, there are also isolated attempts that, although they do not express a deliberate intention to expand such control over the complaining parties' right to set the terms of reference, have had the effect of attenuating this right by allowing the WTO judiciary to adjudicate disputes slightly beyond the terms of reference when to do so has been necessary in order to provide a proper resolution to the conflict. The article draws on these early attempts to suggest that the WTO judiciary could assume more control over disputes in which developing and least developed countries are complainants against developed ones in order to rule on claims not included in the terms of reference originally established.
A Samson at the International Criminal Court: The Powers of the Prosecutor at the Pre-Trial Phase
Authors: Jacobs Dov 
Published: October 2007

AbstractThe Prosecutor of the International Criminal Court is a central figure of current international justice. Given his fundamental role in the choice of situations to investigate and cases to prosecute, he will certainly shape the way the work of the Court will be perceived. In exercising his discretion, the Prosecutor will need to balance the interests of victims and the defence, accommodate the will of States and the pressure from NGOs. This balancing act first takes place at the preliminary phase where the genuineness of the information provided will need to be evaluated. During the formal investigative phase, the OTP needs to carry out its duties independently from a financial and political perspective, while trying to obtain the cooperation of States without which no investigations will be possible, respecting the rights of the defence and the views of the victims, all this under the supervision of the Pre-Trial Chamber. If this Samson at the International Criminal Court pulls on his binds too much, he risks bringing down the temple of international justice.
General Intellect
Authors: Virno Paolo 
Published: October 2007

AbstractAs part of the Historical Materialism research stream on immaterial labour, cognitive capitalism and the general intellect, begun in issue 15.1, this articles explores the importance of the expression 'general intellect', proposed by Marx in the Grundrisse, for an analysis of linguistic and intellectual work in contemporary capitalism. It links the notion of general intellect to the crisis of the law of value, the political significance of mass intellectuality, and the definition of democracy in a world where knowledge is a productive force in its own right.
On Materiality and Social Form: A Political Critique of Rubin's Value-Form Theory
Authors: Starosta Guido , Kicillof Axel 
Published: October 2007

AbstractThis paper critically examines I.I. Rubin's Essays on Marx's Theory of Value and argues that two different approaches to value theory can be found in that book: a more 'production-centred' value-form theory uneasily co-exists with a 'circulationist' perspective. This unresolved tension, the authors claim, reflects a more general theoretical shortcoming in Rubin's work, namely, a problematic conceptualisation of the inner connection between materiality and social form that eventually leads to a formalist perspective on the value-form. Furthermore, the paper argues that all those antinomies are an expression of the historical and political context underlying Rubin's work, in which Marxism was being codified as state ideology. The political implications of Rubin's formalism are explored through the critical examination of its consequences for the comprehension of the social determinations of the revolutionary subjectivity of the working class.
Symposium on Ellen Meiksins Wood's Empire of Capital: Editorial Introduction
Authors: Blackledge Paul 
Published: October 2007

AbstractEllen Wood's study of the new imperialism represents the latest instance of her broader project of reconstituting a non-deterministic form of Marxism which is able both to explain the historical specificity of capitalism and to inform socialist political activity. This essay seeks to locate her analysis of imperialism both in the wider political context within which it was written and as an example of the fecundity of her re-interpretation of historical materialism. After outlining the main themes of Wood's 'political-Marxist' project, I move on to overview the thesis of her book Empire of Capital (2003) before finally pointing to the main themes of the ensuing debate.
In What Ways Is 'The New Imperialism' Really New?
Authors: Harvey David 
Published: October 2007

AbstractThis essay argues that it is a matter of vital concern to develop a theoretical apparatus that is adequate to the inherent spatiotemporal dynamics of capital accumulation and the changing practices developed to manage the crisis tendencies of those dynamics. This requires integrating the a-spatial theory of capital accumulation and its internal contradictions with the spatial/geographical theory of imperialism that invokes geopolitical and geo-economic struggles between nation-states. I argue that the two are linked by the way capital deals with the problem of absorbing capital surpluses, namely through geographical (and temporal) fixes. The geographical fix requires imperialist expansionism and the battering down of all barriers to the spatial movement of capital. Such a conception provides the necessary clarity in formulating the relations between capital and state that are sometimes missing from Ellen M. Wood's arguments in Empire of Capital.
The Pitfalls of Realist Analysis of Global Capitalism: A Critique of Ellen Meiksins Wood's Empire of Capital
Authors: Robinson William 
Published: October 2007

AbstractThe dynamics of the emerging transnational stage in world capitalism cannot be understood through the blinkers of nation-state-centric thinking. In her study Empire of Capital, Ellen Meiksins Wood exhibits the reification and outdated nation-state-centric thinking that plagues much recent work on world capitalism and US intervention, expressed in the confusing notion of a 'new imperialism'. The overarching problems in Wood's study – and, by extension, in much of the 'new-imperialism' literature – is a reified notion of imperialism, a refusal to draw out the analytical, theoretical, methodological, and epistemological implications of capitalist globalisation, and an incessant reification of the state. Instead of a 'new US empire', the current epoch is best understood as a new transnational phase in the ongoing evolution of world capitalism, characterised in particular by the rise of truly transnational capital, globalised circuits of accumulation, and transnational state apparatuses. 'US imperialism' refers to the use by tansnational élites of the US state apparatus to continue to attempt to expand, defend and stabilise the global capitalist system. US militarisation and intervention are best understood as a response to the intractable contradictions of global capitalism.
'New' Imperialism? On Globalisation and Nation-States
Authors: Bose Prasenjit 
Published: October 2007

AbstractA major contradiction of globalisation lies in the universalisation of the imperatives of international finance-capital. The ascendancy of international finance has kept inter-imperialist rivalry under check since the past few decades, and imperialist nation-states under its imperatives have displayed greater unity under the leadership of the US. But the dominance of speculative finance and the deflationary impact it generates, threatens to precipitate worldwide recession. The US is trying to pre-empt any potential competition in this milieu, by pursuing an aggressive and unilateralist military policy of endless war. However, the capacity of the US to sustain such high levels of military expenditure and debt-induced consumer spending is circumscribed by the fragility of the dollar hegemony in the backdrop of the growing indebtedness of the US vis-à-vis the rest of the world. Re-appearance of recessionary conditions in the US would be set the stage for inter-imperialist contradictions as well as the contradiction between imperialism and the Third World to play themselves out and create possible ruptures in the present world order.
The Economic Foundations of Contemporary Imperialism
Authors: Chesnais François 
Published: October 2007

AbstractThis paper argues that present-day imperialism is strongly related to the domination of a precise form of capital, namely highly concentrated interest- and dividend-bearing money-capital which operates in financial markets, breeds today's pervasive fetishism of money, but is totally dependent on surplus-value and production. Two mechanisms ensure the appropriation and/or production of surplus-product and its centralisation to the world system's financial hubs. In the 1980s, foreign debt prevailed. Foreign production and profit repatriation by TNCs now represent the main channel. Following the transfer abroad of part of its production by US TNCs, the issue for the US in their relations with the rest of the world is not the commercialisation of surplus through exports, but dependency on imports and, more crucially, on large inflows of money-capital to support the stock market, buy T-bonds and refinance mortgage. This new dependency helps to explain the 'paradox' that US imperialism is increasingly forced to try and offset this through extra-economic and even military coercion where it can.
Intervention The Zimbabwe Question and the Two Lefts
Authors: Moyo Sam , Yeros Paris 
Published: October 2007

AbstractThis article identifies the two currents that have divided the Left over the Zimbabwe question. It argues that in the course of the radicalisation of the Zimbabwean state, 'Two Lefts' emerged, the so-called 'internationalist' and the 'nationalist', to take up opposite positions over a series of political questions, most notably the agrarian question and the national question. The article defends the nationalist Left and offers a critique of the 'internationalist' Left through a discussion of contemporary imperialism, the neocolonial state, and civil society.
Tonische Bewegung, Energie und ratio: Georg Ernst Stahls Agentenmodell des ,,Organismus" und die kategorielle Differenz zwischen Lebendigem und Unlebendigem
Authors: Cheung Tobias 
Published: October 2007

AbstractThis essay focuses on the structure of agency in Georg Ernst Stahl's model of organic order and the role that it plays for the difference between living and non-living beings in the discourses of medicine and natural history around 1700. Stahl calls the order of organic beings an "organism". He characterizes the "organism" through the notions of tonic movement, energy and ratio. The tonic movement is a mechanism of contraction and relaxation of organic units to direct fluids to certain parts of the body; the energy represents a certain, limited potential of the living body to act spontaneously and to react if it is irritated; and the ratio expresses the logic of a processual, directed order imposed on corporeal dispositions. This ratio inheres in natural agents. However, to establish his theory of agency, Stahl first analyzes the irregular blood movements that characterize diseases. The capacity of the organic body to change these movements and to heal itself in redirecting them, leads him to the assumption that such bodies can regulate their own order and that self-regulation requires an autonomous agent.
The Invisible Hand of God in Seeds: Jacob Schegk's Theory of Plastic Faculty
Authors: Hirai Hiro 
Published: October 2007

AbstractIn his embryological treatise De plastica seminis facultate (Strasburg, 1580), Jacob Schegk (1511-1587), professor of philosophy and medicine at the University of Tübingen, developed, through a unique interpretation of the Aristotelian embryology, a theory of the "plastic faculty" (facultas plastica), whose origin lay in the Galenic idea of the formative power. The present study analyses the precise nature of Schegk's theory, by setting it in its historical and intellectual context. It will also discuss the hitherto unappreciated Neoplatonic dimension of Schegk's notion of the soul's vehicle.
Outlawing incitement to religious hatred—a British perspective
Authors: Cumper Peter 
Published: October 2007

AbstractThe recent enactment of the Racial and Religious Hatred Act 2006 makes it (for the first time) unlawful to incite hatred on religious grounds in England and Wales. This legislation has however been attacked by a number of Muslims on the basis that it is too rigidly drawn, and that the scope of the offence of incitement to religious hatred is narrower than comparable legislation governing incitement to racial hatred. In critically analysing the Racial and Religious Hatred Act 2006, this article makes particular reference to the recent Islamic Council of Victoria case in Australia on religious vili cation and hate speech which, it is suggested, provides a salutary lesson to those who would seek to expand the remit of the Act. It is argued that the Racial and Religious Hatred Act is not merely a symbolically important measure, but is also a fair and workable compromise which protects faith groups from incitement to religious hatred without placing excessive curbs on free speech.