bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Proposed Model for Derivative Actions: the Functional and Focused Model (FFM)
Authors: Reisberg Arad 
Published: January 2009

Abstract
This chapter develops a model to analyse and explain the use of the derivative action referred to as the Functional and Focused Model (FFM). It is organized in two parts. Part A provides the setting. Section 5.2 discusses the role of derivative actions in the corporate governance matrix. Section 5.3 then discusses the specific role that the derivative action may play in such a constantly changing system. The various points teased out throughout the preceding discussion are finally crystallized in Part B of the chapter. First, section 5.4.1 sets out the aims of the model, followed by an outline and the policy premises underlying the FFM. Section 5.4.2 then unearths and illuminates the value of deterrence against corporate misconduct. Section 5.4.3 considers strategies that can be pursued to reverse the negative effects of those forces that weaken the social meaning of derivative actions. Subsequently, these key characteristics are reduced to practical recommendations in Section 5.4.4.
The Interrelationship between the Derivative Action and the Unfair Prejudice Remedy
Authors: Reisberg Arad 
Published: January 2009

Abstract
This chapter looks into the interrelationship between the Derivative Action and the Unfair Prejudice Remedy. Should the derivative action be dispensed with in favour of a single form of action, making identification of the type of wrong less significant? Alternatively, if both forms of action should be retained, should the derivative action be applicable to corporate wrongs and the unfairly prejudicial conduct action solely reserved for personal wrongs? Section 8.2 examines the history of s 994 of CA 2006. Subsequently, the arguments of assimilating the derivative and the unfair prejudice remedy into a single provision are assessed. Section 8.3 evaluates the merits of the demarcation of the two remedies. As will be seen, the assimilation of these two remedies should be resisted. Accordingly, section 8.4 explores the measures that can be introduced to clarify and simplify the interaction between the two remedies. Section 8.5 concludes.
The Emerging Principles of International Competition Law
Authors: Noonan Chris 
Published: January 2009

AbstractInternational competition law has grown in importance as national economies have become more integrated, at the same time as national competition laws have proliferated and enforcement efforts have been strengthened. This system is beset with conflicts arising where States perceive that the way that another country does or does not apply its competition law adversely affects its interests. This book clarifies the nature and origin of these conflicts, and explores possible ways to reduce them. The legal and policy issues associated with the control of restrictive business practices and anticompetitive mergers in international markets are analysed. International cartels, dumping, private market access barriers, and mergers between international firms subject to multi-agency review are discussed. Topics include the harmonization and coordination of competition laws, cooperation between enforcement agencies, international judicial assistance, and the role of trade agreements and the WTO in international competition law. The problems that States have in regulating conduct beyond their borders and the merits of a variety of potential responses are also examined. It contends that there is an evolving international competition law system. States are only just beginning to see the system as a whole and are struggling to identify where their long-term interests lie. This book describes the elements of the system and their interactions, and explains how the system is evolving; suggesting what States, individually and collectively, could do to modify the system to their mutual advantage.
The Limited Case for Harmonization to Protect Competitiveness
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter examines the links between competition law, competitiveness, and trade policy. Section 4.1 assesses the meaning of the claim that harmonization may be justified to promote ‘fair trade’. Section 4.2 examines the case for harmonization purely on the grounds of loss of competitiveness. Sections 4.3 to 4.5 use the economic analysis of regulatory competition to identify the type of situations where harmonization could in theory improve global and national welfare.
The Competition Rules of the World Trade Organization
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter examines the WTO rules that require the enforcement of national competition laws or regulate the enforcement of such laws. It argues that the WTO's provisions either do not contain binding obligations, or apply only in specific situations and do not define what conduct is ‘anticompetitive’. Thus, a WTO panel may have difficulty finding that a member's conduct is inconsistent with the WTO unless it is clearly not reasoned or inconsistent with other decisions in similar cases. A number of WTO provisions prohibit anticompetitive conduct where there has been some government involvement in the creation of market power or the conduct itself. These provisions appear to reduce the ability of WTO members to authorize exceptions and create exemptions to general national competition law rules. There is also a risk that these different provisions will be interpreted as prohibiting different types of anticompetitive conduct, which creates uncertainty.
International Enforcement Cooperation and Judicial Assistance
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter discusses the various forms of international competition law enforcement cooperation pursued by the international community. Section 13.2 briefly surveys the existing international arrangements for cooperation on competition law. Sections 13.3 to 13.6 discuss four major international competition law issues identified in previous chapters: (1) gathering information located abroad; (2) enforcement of the judgments and orders abroad; (3) investigation of harmful conduct taking place within another country; and (4) coordination of investigations and court proceedings. It is argued that given the improbability of agreement on a global competition code and the unworkability of inter-state dispute resolution on competition law, international competition law problems need to be (and can be) addressed through enforcement cooperation between competition authorities and international judicial assistance.
Regulating Jurisdictional Relations Between National and International Courts
Authors: Shany Yuval 
Published: January 2009

Abstract
The book seeks to investigate the growing jurisdictional interaction between national and international courts — i.e., their parallel involvement in the same or related disputes — in the light of competing theoretical, ideological, and methodological discourses on the nature of the relationship and the means to regulate it. In particular, it aims to explore what, if any, rules of international law could, or perhaps should govern such interactions, and regulate forum selection or multiple proceedings involving national and international courts. In addition, the book explores the standards of review employed by international courts vis-à-vis the decisions of their domestic counterparts and vice versa. It posits that the regulation of such interactions ultimately depends on the selection of the overarching paradigm that governs the relations between national and international courts (hierarchical/non-hierarchical and disintegrative or integrative). Following academic discussion of the problems and solutions pertaining to the interaction between national and international courts, the book considers the potential applicability of several jurisdiction-regulating measures to jurisdictional interactions between national and international courts. These include rules on forum selection and on rules designed to regulate multiple proceedings (e.g., lis alibi pendens and res judicata), utilization of comity based measures and doctrines, such as discretionary stay or dismissal of proceedings and margin of appreciation judicial review, and examination of the prohibition against abuse of rights. This segment of the book strives to provide lawyers and academics with a ‘tool kit’ of measures which could be employed in cases involving jurisdictional interactions between national and international courts.
The Fragmentation of International Law
Authors: Shany Yuval 
Published: January 2009

Abstract
This chapter identifies and discusses two principle strategies employed by judges in national and international courts: disintegrationism and integrationism. Disintegrationism involves the division of one complex dispute into a multiplicity of mini-disputes arising under different specific legal regimes and the application of the distinct norms of one specific legal regime to one aspect of the dispute, excluding other relevant norms or circumstances; integrationism encourages judges to adopt a comprehensive approach towards different, yet closely related, disputes and to apply all relevant norms to all related circumstances. The chapter then draws an analogy between the debate over the fragmentation of international law into distinct self-contained regimes and the choice between disintegrationism and integrationism, and describes dualism (and to a lesser degree hierarchy) as a disintegrationist strategy.
The Feasibility of Regulation: Do National and International Proceedings Overlap?
Authors: Shany Yuval 
Published: January 2009

Abstract
This chapter sets out the conditions under which jurisdiction interaction between national and international courts may be feasible. First, one has to ascertain that the courts in question operate in a non-hierarchical context. This is sometimes facilitated by identification of hierarchy or non-hierarchy signifiers. Second, the applicability of any international jurisdiction regulating norm depends on the ability of the relevant courts to invoke international law. Third, the two related proceedings need to exhibit a considerable degree of similarity, specifically, involve the same parties and same issues. The chapter discusses the unique challenge of applying these conditions across the conceptual divide between national and international institutions and the different characteristics of the respective legal systems. It concludes that only a flexible approach to the tests of similarity could facilitate the application of jurisdiction regulating rules to the relations between national and international courts.
3 Authentic Learning and Receiving—A Search for Criteria
Authors: Örsy, SJ Ladislas 
Published: January 2009

Abstract
Receptive learning among Christian churches is authentic only when it is marked by truth and transfused by prudence. A community that is intent on receptive learning must first learn about valuable insights and praiseworthy practices in another church, and only then can the community receive them into its existing tradition. To bring such a process to a good resolution requires norms for authenticity. This chapter discusses these norms, specifically, preserving identity, true and false reception, and prudent and imprudent reception.
8 What Roman Catholics Have to Learn from Anglicans
Authors: Pecklers, SJ Keith F. 
Published: January 2009

Abstract
This chapter explores the gifts that Roman Catholics have to receive from Anglicans under four headings: church, authority, worship, and spirituality. It argues that as we seek a way forward, there is much that we can learn from one another's churches and there is much that we can do in the concrete visibly to express our common faith in Jesus Christ.
12 Catholic Learning and Orthodoxy—The Promise and Challenge of Eucharistic Ecclesiology
Authors: McPartlan Paul 
Published: January 2009

Abstract
This chapter focuses on the very fruitful decade for international dialogue between Catholics and Orthodox, namely, the 1980s, which saw the production of three major agreed statements: ‘The Mystery of the Church and of the Eucharist in the Light of the Mystery of the Holy Trinity’ (1982); ‘Faith, Sacraments and the Unity of the Church’ (1987); and ‘The Sacrament of Order in the Sacramental Structure of the Church’ (1988). In particular, it highlights the ten years from the first agreed statement of 1982 to the production of the Catechism, and the many resonances that exist between the latter's teaching and the statements of the dialogue.
13 Catholic Learning Concerning Apostolicity and Ecclesiality
Authors: Puglisi, SA James F. 
Published: January 2009

Abstract
This chapter reviews some of the learnings gleaned from the various ecumenical discussions that have taken place on the theme of apostolicity. It is shown that there is now a general consensus about apostolicity, namely: that first and foremost apostolicity is applied to the whole church and not just to some elements of the church. In general, all recognize the place of the apostolic ministry within the apostolicity of the whole church. It is also recognized that there is an intimate relationship between the apostolic continuity of the whole church and the apostolic succession of the ministry.
14 The Holy Spirit as the Gift—Pneumatology and Catholic Re‐reception of Petrine Ministry in the Theology of Walter Kasper
Authors: Edwards Denis 
Published: January 2009

Abstract
Two issues have dominated the discussion of Catholic ecumenical receptivity: first is the general need for western receptivity to the East with regard to a proper balance between pneumatology and Christology; second is the particular, strategically important issue of Petrine ministry. This chapter argues that the pneumatological theology of Walter Kasper illuminates both issues. It traces his Spirit theology from his Christology to his Trinitarian theology and his view of the church, then presents an example of this pneumatology at work in ecumenical theology — the critical issue of the Petrine ministry.
19 Receptive Ecumenism and Recent Initiatives in the Catholic Church's Dialogues with the Anglican Communion and the World Methodist Council
Authors: Bolen Donald 
Published: January 2009

Abstract
This chapter begins by looking at the methodologies adopted and developed within the Roman Catholic Church's dialogues with the Anglican Communion and the World Methodist Council, reflecting on aspects attentive to ecumenical learning, and which to some degree could be adapted or replicated in other contexts. It looks at recent initiatives within Anglican–Roman Catholic relations, in particular, the work of the International Anglican–Roman Catholic Commission for Unity and Mission, as a means of bridging the gaps mentioned above. It then considers recent developments in Methodist–Catholic relations, focusing on a mutual exchange of gifts in the most recent statement of the Joint International Commission for Dialogue Between the World Methodist Council and the Roman Catholic Church. Finally, the chapter offers concluding reflections on Receptive Ecumenism in the light of these dialogues.
23 Receptive Ecumenism, Ecclesial Learning, and the ‘Tribe’
Authors: Sweeney, CP James 
Published: January 2009

Abstract
This chapter addresses the following questions: How can the underlying processes of communal identity formation be accommodated? How will it be possible to get beyond the simple tribalism of establishing identity over, against, and, even hostile to, the foreign ‘other’? Can we envisage a shift in favour of an ‘ecumenical tribe’? These questions are explored in four movements: Catholic identity, between the universal and the particular; receptive ecumenical learning: the overcoming of tribal prejudice; irreducible difference: the limits of receptive ecumenical learning; and discerning the conditions for receptive ecumenical learning.
25 Receptive Ecumenism and Catholic Learning—an Orthodox Perspective
Authors: Louth Andrew 
Published: January 2009

Abstract
This chapter presents an Orthodox response to the suggestions by Paul McPartlan and Joseph Famerée as to what Catholics might learn from the Orthodox. It argues that such learning is not a one-way process, and that ‘eucharistic ecclesiology’, in particular, should be seen as a striking example of Receptive Ecumenism on the part of both Roman Catholics and Orthodox.
26 Anglicanism and the Conditions for Communion—A Response to Cardinal Kasper
Authors: Sagovsky Nicholas 
Published: January 2009

Abstract
This chapter presents a response to Cardinal Kasper's question: How it is possible ‘to designate Scripture and the Apostles’ and Niceno–Constantinopolitan Creeds as normative in the Chicago–Lambeth Quadrilateral, but to disregard the binding force of the subsequent living tradition? It argues that Anglicans, though they do not define, or make explicit, the binding force of the living tradition, as Roman Catholics do, by no means disregard it. At the moment they are far from united on how that ‘binding force’ may be discerned, but they cannot see in other Christian traditions the specific gift or gifts that can resolve this crisis in communion.
28 Receptive Ecumenism and Catholic Learning—Reflections in Dialogue with Yves Congar and B. C. Butler1
Authors: Flynn Gabriel 
Published: January 2009

Abstract
Cardinal Yves Congar (1904-95) and Bishop Basil Christopher Butler (1902-86) were both dedicated to the renewal of Catholic Learning and to the promotion of Christian unity. Butler, a convert to Catholicism, followed a more ‘conservative’ line than Congar. For his part, Congar, the leading figure of the Catholic ecumenical movement in France and a member of the Catholic–Lutheran Commission of Dialogue since 1965, was profoundly influenced by Lutheran theology in the formulation of his later ‘progressive’ stance on ecumenism. This chapter explores the themes of Receptive Ecumenism and Catholic Learning as they relate to the thought of Congar and Butler, respectively. It also seeks to extrapolate ethical implications for the present-day ecumenical movement. Specifically, it attempts to draw Congar and Butler into dialogue on the central doctrine of the incarnation, regarded by the former as ‘the key to the whole mystery of the Church’.
29 Receptive Ecumenism and the Hermeneutics of Catholic Learning—The Promise of Comparative Ecclesiology1
Authors: Mannion Gerard 
Published: January 2009

Abstract
This chapter utilizes the methodology of comparative ecclesiology towards the end of eliciting further the enormous potential of the proposed strategy of Receptive Ecumenism. It identifies postmodern ecclesial polemics as a major obstacle to such dialogue and openness flourishing today. It explores ways in which such polemics might be transcended with a view to developing a ‘wider’ or ‘macro-’ ecumenism. It goes on to suggest that the fledgling sub-discipline of comparative ecclesiology offers the most promising starting-point for churches wishing to embrace dialogue, openness, and pluralism, as opposed to retreating inwards. Here the work of Roger Haight looms large. Finally, the chapter offers some reflections on how exactly the church might and should be a hermeneutical community.
30 Receptive Ecumenism—Learning by Engagement
Authors: Hardy Daniel W. 
Published: January 2009

Abstract
Receptive Ecumenism opens the Roman Catholic Church to what may be learned through encounter with other Christian traditions, which denotes a readiness to place that church amongst the churches in a fashion parallel to the Second Vatican Council's renewal of Catholicism's engagement with history. It also engages with the ecclesiological and theological questions which arise for and from the church as it confronts secular counterparts and postmodern critique. This chapter argues that we must explore what this might mean, and what the fuller implications of such encounter might be, in the hope of making Receptive Ecumenism not only more effective for the Roman Catholic Church, but also beneficial for all the churches.
The Self as an Emergent Substance
Authors: Lowe E. J. 
Published: January 2009

AbstractThis chapter explains why traditional arguments in favour of substance dualism are avoided in this book. In their place a new argument is presented which, however, supports only a non-Cartesian version of this view, according to which beings like ourselves — persons or, more generally, subjects of experience — are bearers of both psychological and physical properties, while nonetheless being distinct from our biological bodies and any parts of them. It is then explained why this view is well-suited to accommodating the dualistic psychophysical interactionism defended in the earlier chapters. The chapter concludes with a new and intuitively compelling argument against physicalist theories of mind. This completes Part I of the book.
Event Causation and Agent Causation
Authors: Lowe E. J. 
Published: January 2009

AbstractThis chapter begins by characterizing event causation and agent causation, and then looks at strategies for attempting to reduce one of these species of causation to the other. In the end, arguments are presented in favour of the view that talk in terms of event causation — to the extent that it should strictly be countenanced at all — is best understood as elliptical for talk in terms of agent causation, although only where the word ‘agent’ is very broadly construed, rather than being confined in its application to the much narrower class of rational agents, ourselves included.
Human Rights-Based Approaches to Development: Towards Accountability
Authors: Twomey Patrick 
Published: January 2009

Abstract
This chapter outlines the core concepts of human rights-based approaches (HRBAs) and explores the evolution of human rights-based approaches to development including the United Nations (UN) commitment to integrate human rights into all its work, national development plans, the role of socio-economic rights in development problem analysis, impact assessment, and key challenges to undertaking human rights-based development. The chapter also highlights the issue of measurement of human rights change as a critical factor in development planning, implementation, and evaluation towards ensuring accountability for both process and impact.
The Applicability of Economic and Social Rights to the UN Security Council
Authors: White Nigel D. 
Published: January 2009

Abstract
This chapter examines the applicability of economic, social, and cultural rights (ESC rights) to the UN Security Council, to determine whether it is bound to respect human rights law generally, and ESC rights in particular, when acting under Chapter VII of the UN Charter. This includes instances when it imposes economic sanctions against states and against individuals (such as those suspected of terrorism), and when it establishes a post-conflict administration in a state. It is argued that while the primary rules of international law, including fundamental economic and social rights, are applicable to the activities of the Security Council, the UN system is woefully inadequate in ensuring the accountability of the Security Council in this, or in any other, regard.