bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Identification of Peremptory Norms
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines the criteria of identifying jus cogens, in particular whether structural or substantive method should be preferred, and also the moral basis of jus cogens. Particular jus cogens norms are then examined in the field of jus ad bellum, right to self-determination, human rights, humanitarian law, and environmental law.
Concepts Cognate toJus Cogens
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines some concepts which are cognate to jus cogens due to their nature, and also on some concepts that are often seen to resemble jus cogens but in the final analysis have bilateral or bilateralisable basis. The first category covers objective treaty obligations under human rights and humanitarian law, while the second category covers interdependent obligations, for instance under disarmament treaties and objective territorial regimes. Finally, the potential of the object and purpose of treaties under the 1969 Vienna Convention on the Law of Treaties is examined in terms of resembling the nature of jus cogens.
Remedies for Breaches of Peremptory Norms
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter begins by focusing on the impact of jus cogens on the law of reparation: the duty to provide restitution, compensation, and satisfaction to redress the wrong caused to States and their nationals. It then covers the invocation of jus cogens norms in case of their breach (erga omnes obligations), including the possibility of third-party countermeasures, criminal responsibility of States, and ILC's special consequences for breaches of peremptory norms.
Peremptory Norms and State Immunity
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter deals with the impact of jus cogens on State immunity. It begins by examining the scope of State immunity, then addresses sources of law to establish whether State immunity is really accepted in international law as a norm or principle. The immediate impact and primacy of jus cogens over immunities is considered. The chapter covers immunity of States and their officials, and immunity from execution. As a follow-up of this chapter, the articles by this author in 49 German YbIL (2006) and 18 EJIL (2007) should be consulted.
The Nature and Scope ofJus CogensLimitations on the Security Council's Powers
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter introduces the problem of how international law applies to the acts and powers of international organisations, notably the UN Security Council. It begins by considering the general conceptual issues such as the alleged dichotomy between peace and justice. It then examines three ways of applicability of jus cogens to international organisations: through the ways stated in constituent instruments of organizations; through the construction of those constitutive instruments in terms of the law of treaties; and autonomously, that is directly to the act of an organisation.
Peremptory Norms and Acts of Foreign States in Private International Law
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with in Chapter 18. It considers two options: the direct private international law effect of jus cogens; and international jus cogens/public policy being reflected in national public policies. Following up on this latter issue, the impact of jus cogens on the Act of State doctrine is examined. The jurisprudence of national courts is comprehensively covered.
Introduction
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary prerequisite for international law to be viewed as law. Addressing the different aspects of the effectiveness of legal regulation, it examines the structural limits on and threshold of legal regulation, and the relationship between the established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to examine the legal framework of interpretation that serves the maintenance and preservation of the object and intendment of the existing legal regulation. The final indispensable stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law.
The Essence of the Threshold of Legal Regulation
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines the general aspects of the process of how international legal rules emerge. After examining relevant theories and judicial practice, it concludes that the most proper way of international legal reasoning is consensual positivism. This is so for two reasons: to reflect on what States actually agree; and to separate law from non-law (examined in Chapter 5 to 8). One of the purposes of delimiting the ambit of positivism is to examine where the task of interpretation of treaties and other instruments (from Chapter 9 onwards), begins and ends. Natural law is also examined not as mainline producer of legal rules, but as a back-up factor in ensuring the completeness of positive legal regulation.
Fact as Non-Law and the Limits on its Relevance
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter is the first ever comprehensive examination of how fact and law relate to each other in international law. After the critique of doctrinal approaches, the analysis examines how facts aspire producing legal regulation and to what extent they can do so. The analysis covers the relationship between title and effectivites in the law of territory, and the impact of treaties on factual situation. It also examines how rules can make facts relevant, at the example of certain rights under the European Convention on Human Rights and nationality of claims. Separate attention is paid to the notion of ‘effective control’ that has been frequently used in jurisprudence both of ICJ and European Court of Human Rights. Finally, the systemic relevance of facts in the law of treaties and law of State responsibility is examined. The chapter covers the jurisprudence of all major international tribunals, notably ICJ, arbitral tribunals, ECtHR, and WTO dispute settlement bodies.
Quasi-Normative Non-Law
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter is the first ever doctrinal consideration of quasi-normative non-law in systemic perspective. This study is limited to analysing the categories of quasi-normative non-law in terms of their ability to imitate the law, that is the degree of their normativity. The issues dealt with relate to margin of appreciation, necessity, proportionality, equity, ‘fair and equitable treatment’, and legitimate expectations. In examples of each of those categories, it is examined where they come from and how far their relevance goes.
The Agencies of Interpretation
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter is the first comprehensive examination of interpretative competence. Given that international law is consensual, it is to some extent State consent that determines who may interpret treaties. There are concepts of auto-interpretation, authentic and authoritative interpretation, as well as concurrent powers of interpretation. These concepts are examined in detail. Interpretation of treaties, Security Council resolutions and unilateral acts is considered. The relevance of judicial review in terms of concurrent powers interpretation is also examined, and some national judicial practice is addressed.
Conclusion
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractGiven that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examined the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals. Effectiveness in interpretation serves the more general principle of completeness, determinacy and effectiveness of legal regulation. The methods of interpretation are aimed at preserving the original consent, will, and intention behind the relevant legal instruments and thus at ensuring the determinacy of the relevant provision by enabling its application to facts. These methods are consistently aimed at confronting claims as to the indeterminacy of treaty provisions.
3 The Early Church
Authors: Cooper Adam G. 
Published: January 2009

Abstract
For the church Fathers the human body presents a focal symbol impinging upon nearly all theological reflection. Their doctrines of creation, Scripture, incarnation, salvation, church, sacraments, asceticism, morality, and eschatology all hinge upon the specific nature and function of the human body in the divine economy. Christ's flesh, present in and as the church, is the effective locus of human and cosmic deification.
10 Sterility and Death
Authors: Cooper Adam G. 
Published: January 2009

Abstract
It is ironic that the culture which embraced voluntary sterility via contraception is now facing a large-scale crisis of involuntary sterility. Moral objections to contraception consistently identify it as an anti-life kind of act, which, notwithstanding intentions to the contrary, inevitably undermines the marital and unitive character of sexual intercourse. The procreative meaning of marriage is a human good which, like the fertility of the flesh, cannot be wittingly cordoned off without moral and political impact. In this light the link between contraceptive acts and the abortive culture of death becomes more clear, even if philosophers and politicians, though not biologists, argue over the precise beginnings of organic, and therefore personal, human existence.
Vertical Conflict Resolution in EC External Relations: Exclusivity and Non-exclusivity
Authors: De Baere Geert 
Published: January 2009

AbstractThis chapter focuses on exclusivity as the expression of the loyalty principle in the field of external relations. It discusses conflict resolution in internal community matters and community external relations, and categories of competences in the Treaty of Lisbon. It is argued that while both primacy and exclusivity were derived from the principle of loyalty in Article 10 EC, the effect of the two principles is different. Primacy provides a conflict rule for internal policies whereby Community law takes precedence over Member State law in case of conflict and to the extent of that conflict. Exclusivity provides a conflict rule predominantly for external policies and imposes an obligation on the Member States not to enter into any international agreements that could affect the Community's exclusive competences.
The Community Method
Authors: De Baere Geert 
Published: January 2009

AbstractThe Community method of decision-making is characterized by (i) the central role of the Commission in formulating proposals; (ii) qualified majority voting (QMV) in the Council as a rule; (iii) involvement of the European Parliament with varying intensity depending on the decision-making procedure; and (iv) the role of the Court in ensuring judicial accountability. This chapter explores the differences between the operation of the Community method within EC external relations and its operation in internal policies. It shows that the contrasts are less pronounced with regard to autonomous foreign policy measures than with respect to international agreements. Both autonomous external measures and internal measures use the same legal instruments and the Commission's role is essentially the same. The Parliament's role in autonomous external measures, however, differs substantially depending on the policy in question. With regard to international agreements, both the Commission and the Parliament see their roles greatly reduced compared with their role in internal policies.
Enjoyment
Authors: Kekes John 
Published: January 2009

AbstractThe book examines the indispensable role enjoyment plays in a good life. The key to it is the development of a style of life that combines an attitude and a manner of living and acting that jointly express one's deepest concerns. Since such styles vary with characters and circumstances, understanding them requires attending to the particular and concrete details of individual lives. The first half of the book explains and illustrates these components of enjoyable lives. The second half is a detailed examination of enjoyable lives of integrity, reflectiveness, and self-direction, and miserable lives of morbid romanticism, moralism, and exuberance, and explains why these styles of life are admirable or deplorable. Reflection on works of literature is a better guide to this kind of explanation than the search for general theories and principles that preoccupies much of contemporary deontological, consequentialist, and contractarian moral thought. The argument proceeds by detailed reflection on particular cases, and shows how this kind of reflection can be reasonably conducted and how the quest for universality and impartiality is misguided in this context. Central to the argument is a practical, particular, pluralistic, and yet objective conception of reason that rejects the pervasive contemporary tendency to regard reasons as good only if they are binding on all who aspire to live reasonably and morally. Reasons for living and acting in particular ways are often individually variable and none the worse for that.
A Great and Rare Art
Authors: Kekes John 
Published: January 2009

AbstractThe enjoyment of one's life depends on the favorable personal evaluation of its style composed of one's attitude, manner, and dominant activities. Enjoyable lives that meet these conditions may still be more or less admirable or deplorable. Personal evaluation combines internal and external reasons, both of which are illustrated by the case of Sisyphus as discussed by Taylor and Feinberg. The rejection of external reasons by Williams, McDowell, Lovibond, and others is discussed and criticized. External reasons derive from human nature. The lives of the Bible's King David and Joyce's Stephen are discussed as cases in point.
A Most Perfect Gentleman
Authors: Kekes John 
Published: January 2009

AbstractThis chapter is about integrity as an admirable style of life. It is exemplified by Trollope's Madame Max Goesler. Her attitude is to be true to herself, even when it is tempting or hard to be otherwise. Her manner is tactful and her project is to enjoy life with the man she loves. Reflection of her literary portrait makes it possible to understand the formative significance of some of her choices and actions. It also stands as an example of an enjoyable life that others may wish to adapt to their own lives.
A Certain Gaiety of Heart
Authors: Kekes John 
Published: January 2009

AbstractCellini was a great Renaissance artist. His autobiography shows a man with an exuberant style of life, whose attitude is pride, his manner virtu, and its project is the satisfaction of Cellini's appetite for life. The life was full of machismo, competition, quarrel, irresponsibility, conflict, struggle, enjoyment, misery, and dedication to art. It is the complex life of an amoral man, lived to the hilt. Reflection on it reveals the attractions and pitfalls of living with verve and being guided by one's appetites.
Visions of the Future
Authors: Harding Christopher 
Published: January 2009

Abstract
This chapter explores the Christian village experiment. Brand new villages, constructed by the missions on land reclaimed through canal irrigation in western Punjab, offered missionaries control of the natural, socio-economic, and religious environment in engineering the ideal Christian communities of the future. Free now of old, oppressive village ties that they had once hoped simply to re-negotiate, the small numbers of converts who moved to the new villages had high expectations of their own. In particular, the CMS village of Clarkabad and the Capuchin village of Maryabad had the potential finally to stretch the mission-convert relationship to breaking point.
2 Survey Estimates of Wealth Holdings in OECD Countries: Evidence on the Level and Distribution across Selected Countries
Authors: Jäntti Markus , Sierminska Eva 
Published: January 2009

AbstractThis study discusses issues that arise in the comparison of estimates of wealth holdings and their distribution in the light of data for selected OECD countries. This chapter finds large differences in the level of wealth, depending on whether the mean or median levels are compared across countries. Sensitivity of wealth estimates to survey design are evident in that, even within countries, the ranking of two different surveys depends on how central tendency is measured. Comparisons of the composition of household wealth based on secondary data, as well as the distribution of net worth, are difficult because comparable data are scarce. The evidence suggests that country ranking by level of net worth inequality is similar to that by income inequality, and that net worth inequality has tended to increase across the countries we examine.
5 Changes in the Distribution of Wealth in China, 1995–2002
Authors: Li Shi , Zhao Renwei 
Published: January 2009

AbstractThis study investigates some major changes in the wealth distribution in China using the data from two national household surveys conducted in 1995 and 2002. The surveys collected rich information on household wealth and its components, enabling a detailed analysis of changes in wealth distribution among Chinese households. This analysis indicates that the wealth distribution in China as a whole became much more unequal in 2002 than it was in 1995. The housing reform, in which public apartments were sold to urban households at extremely low prices, has accelerated the accumulation of wealth among urban households, on the one hand, and widened the wealth gap between urban and rural areas, on the other.
6 The Distribution of Household Wealth in India
Authors: Subramanian S. , Jayaraj D. 
Published: January 2009

AbstractThis study reviews the principal source of India's wealth distribution statistics, which is constituted by the five decennial Reserve Bank of India National Sample Survey Organization Surveys on Debt and Investment of 1961–2, 1971–2, 1981–2, 1991–2, and 2002–3. The data available are described, critically appraised, and analysed to present some salient findings in terms of the levels of debt, the levels of asset -holdings across the states of the Indian Union and over time, wealth composition, and aspects of vertical and horizontal inequality in the distribution of wealth. The centrality of land and real estate in the wealth status of India is underlined, and some broad aspects of redistributive anti‐poverty policy are spelt out.
7 The Evolution of Personal Wealth in the Former Soviet Union and Central and Eastern Europe
Authors: Guriev Sergei , Rachinsky Andrei 
Published: January 2009

AbstractThis study discusses the evolution of personal wealth in transition economies. While data availability is still a problem, the available indirect evidence suggests privatization has resulted in an increase in personal wealth but also in personal wealth inequality, especially in the countries that lagged behind in building effective institutions. Another source of wealth inequality is the high income inequality that is due to wage decompression coupled with the low saving rates among the poor. This chapter pays special attention to one of the most noticeable implications of this rise in personal wealth and wealth inequality—the emergence of so‐called oligarchs. Using the comprehensive dataset of Muscovites' incomes, it shows that surveys that do not take into account the first- and second‐tier rich (billionaires and millionaires) may drastically underestimate inequality.
13 Household Financial Assets in the Process of Development
Authors: Honohan Patrick 
Published: January 2009

AbstractSystematic information on household financial asset holdings in developing countries is very sparse; the chapter reviews some available data and current policy debates. Although financial asset holdings by households are highly concentrated, deeper financial systems are correlated with improved income distribution. For low‐income countries, the relevant question for poor households is not how much financial assets they have, but whether they have any access to financial products at all. Building on and synthesizing disparate data‐collection efforts by others, the chapter produces new estimates of access percentages for over 150 countries. Across countries, access is negatively correlated with poverty rates, but the correlation is not a robust one; thus the supposed anti‐poverty potential of financial access remains econometrically elusive. Despite policy focus on the value of credit instruments, it is deposit products that tend to be the first to be used as prosperity increases, before more sophisticated savings products and borrowing.
15 Housing Privatization and Household Wealth in Transition
Authors: Yemtsov Ruslan 
Published: January 2009

AbstractAll countries in transition have experienced increases in inequality. They have also undertaken massive privatization of key asset housing, often on give‐away terms. Are these two phenomena related? Has transfer of ownership rights to residents slowed down the inequality increases or pushed it up? Surprisingly little is known in this area. This study attempts to provide empirical evidence to start answering these questions. It shows how housing privatization affected the distribution of personal wealth and inequality in current consumption based on recent representative household surveys from three transition countries: Poland, Russia, and Serbia. Survey data are compared with figures derived from national accounts and housing statistics. Contrary to common belief and some earlier evidence of the strong equalizing effect of housing distribution in Eastern Europe and the former Soviet Union, the study finds that the contribution of housing to the overall inequality levels is not strong, and is not universally progressive. There is also a significant variation across countries. In Russia and Serbia features of privatization programmes resulted in better‐off households capturing more valuable housing assets on extremely beneficial terms, while in Poland privatization and housing reform led to more equitable outcomes. When owner-2 occupied housing rents and durables are properly accounted for, the effects of housing ownership on inequality in current consumption are mildly progressive in Russia and Poland and regressive in Serbia. The study argues that the information collected by regular household surveys provides only a starting point to study housing wealth distribution, and there are a number of gaps that should be addressed through improved data collection.