bluuebunny/crossref_metadata_2025_split huggingface dataset:
The International Criminal Court's Office of the Prosecutor: Navigating between Independence and Accountability?
Authors: Verhoeven Sten , Wouters Jan , Demeyere Bruno 
Published: April 2008

AbstractThis contribution critically appraises the institutional position which is held by the International Criminal Court's Office of the Prosecutor. Especially, it will be asked whether and to what extent the latter is « independent » in its activities, or whether and to what extent other actors – both inside and outside the Court – can hamper the Office of the Prosecutor's margin to independently manoeuver. Against the background of the debates preceding the Rome Statute's adoption, where it was feared that the Office of the Prosecutor would become an actor that would no longer be controllable by anyone, the logical counterpart of the first question will necessarily need to assess to what extent the Office of the Prosecutor has been rendered instutionally accountable. Throughout, particular emphasis will be put on the oversight which can be exercised by the Pre-Trial Chamber. This, together with other practical factors which can constrain the Prosecutor's scope of action, leads to the conclusion that many checks and balances seriously hamper the realities of the theoretical affirmation that the Office of the Prosecutor would be an institutionally independent actor.
War Crimes in International Versus Non-International Armed Conflicts: "New Wine in Old Wineskins"?
Authors: de Beco Gauthier 
Published: April 2008

AbstractThis note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.
Inventing the Laws of Gravity: The ICC's Initial Lubanga Decision and its Regressive Consequences
Authors: Smith Stephen Eliot 
Published: April 2008

AbstractIt now appears likely that Thomas Lubanga Dyilo will be the first person tried before the International Criminal Court. In 2006, the Pre-Trial Chamber of the ICC authorized the issuance of a warrant of arrest for Lubanga, the leader of a military organization in the Democratic Republic of the Congo. In so doing, the Pre-Trial Chamber examined the ICC Statute's admissibility requirements for cases and held that only cases that meet a prescribed standard of "aggravated gravity" are admissible before the Court. In this article, the author argues that the Pre-Trial Chamber's Lubanga decision will have several long-term negative consequences on the ability of the ICC to fulfil its mandate. As a direct result of the Chamber's decision on gravity, the ICC will be unable to replicate many of the successes and advances made in international justice by the International Criminal Tribunals in the former Yugoslavia and Rwanda.
False Names, Demonstratives and the Refutation of Linguistic Naturalism in Plato's Cratylus 427d1-431c3
Authors: Smith Imogen 
Published: April 2008

AbstractThis paper offers an interpretation of Plato's Cratylus 427d1-431c3 that supports a reading of the dialogue as a whole as concluding in favour of a conventionalist account of naming. While many previous interpretations note the value of this passage as evidence for Platonic investigations of false propositions, this paper argues that its demonstration that there can be false (or incorrect) naming in turn refutes the naturalist account of naming; that is, it shows that a natural relation between name and nominatum is neither a necessary nor a sufficient condition for reference. Socrates secures this outcome by using demonstratives and their concomitants to show how any putative natural imitative link between name and object may be overridden. Furthermore, Socrates' employment of demonstratives and context-dependent statements in his case-studies of false naming speaks in favour of a reading of this passage as primarily focussing on naming rather than on propositions in general.
Substancehood and Subjecthood in Aristotle's Categories
Authors: Kohl Markus 
Published: April 2008

AbstractI attempt to answer the question of what Aristotle's criteria for 'being a substance' are in the Categories. On the basis of close textual analysis, I argue that subjecthood, conceived in a certain way, is the criterion that explains why both concrete objects and substance universals must be regarded as substances. It also explains the substantial primacy of concrete objects. But subjecthood can only function as such a criterion if both the subjecthood of concrete objects and the subjecthood of substance universals can be understood as philosophically significant phenomena. By drawing on Aristotle's essentialism, I argue that such an understanding is possible: the subjecthood of substance universals cannot simply be reduced to that of primary substances. Primary and secondary substances mutually depend on each other for exercising their capacities to function as subjects. Thus, subjecthood can be regarded as a philosophically informative criterion for substancehood in the Categories.
The Place of I 7 in the Argument of Physics I
Authors: Kelsey Sean 
Published: April 2008

AbstractAristotle introduces Physics I as an inquiry into principles; in this paper I ask where he argues for the position he reaches in I 7. Many hold that his definitive argument is found in the first half of I 7 itself; I argue that this view is mistaken: the considerations raised there do not form the basis of any self-standing argument for Aristotle's doctrine of principles, but rather play a subordinate role in a larger argument begun in earnest in I 5. This larger argument stalls in I 6, which ends in aporia; I argue that the problem lies in the fact that Aristotle's reasoning in I 6 thoroughly undermines his reasoning in I 5 (on which I 6 is ostensibly supposed to build). I further argue that the materials necessary for resolving this problem, and thereby allowing the argument begun in I 5 to reach its proper conclusion, are supplied by the thesis that organizes the first half of I 7. Along the way I offer some remarks about Aristotle's doctrine of principles, arguing that it is about the principles of natural substance (as opposed to coming to be or change). I also offer some remarks about the thesis which organizes the first half of I 7. I argue negatively that it is not anything like a preliminary statement of Aristotle's doctrine of principles. I argue positively that it reflects Aristotle's idea that there are two distinct kinds of effect change has upon things (one constructive, the other destructive). One of these effects lies behind Aristotle's reasoning in I 5, the other comes to the fore in I 6; the achievement of the first half of I 7 is to reconcile these seemingly competing conceptions by finding a place for them both in a unified account of coming to be and its subjects.
Causa sui or Wechselwirkung: Engels between Spinoza and Hegel
Authors: Morfino Vittorio 
Published: April 2008

AbstractThe essay takes its point of departure from Monod's reading of dialectical materialism in Chance and Necessity. A passage of Engels's Dialectics of Nature, which identifies Spinoza's concept of causa sui with the Hegelian concept of interaction [Wechselwirkung], provides the opportunity to examine the consequences of Monod's claims more closely. Using Spinoza's philosophy as a litmus test, the essay attempts to demonstrate the debt of Engels's materialism to Hegel's Science of Logic by tracing the development of the concept of Wechselwirkung in classical German philosophy. A profound difference between the Spinozan and Hegelian concepts becomes apparent: while the concept of Wechselwirkung implies a totality present to itself as simultaneity, permitting the flow of a linear, homogenous and empty time upon which stages of development can be inscribed, the concept of causa sui implies a totality without closure, a totality whose eternity is identified with the necessary and infinite network of modal durations. The essay concludes by suggesting that Spinoza's concept of causa sui allows us to rethink the relation between freedom and necessity in the Marxist tradition in conjunctural and aleatory terms.
Lost in Transition: the German World-Market Debate in the 1970s
Authors: ten Brink Tobias , Nachtwey Oliver 
Published: April 2008

AbstractThe persistence of economic and geopolitical conflicts beyond the 1990s has revived interest in explanations that analyse international conflicts in relation to capitalism. In this debate, many contributors have accepted one or another version of a strong globalisation theory, which reflects the hopes for an age of peace and prosperity as a largely co-operative process. This paper attempts to question this thesis by introducing an almost forgotten debate: the German world-market debate of the 1970s. This approach attempted to show how the general laws of motion of capitalism prevail under changing conditions. Furthermore it pointed to the existence of many states, which again and again reproduces the reality of multipolar competitive capitalism, albeit in changing forms. In the following we outline the central – sometimes diverging – insights, before subjecting them to a critical appraisal and identifying a number of points where the theses could be developed further. Taking up the threads of that debate without repeating its weaknesses could prove productive for today's discussion.
The Disguises of Wage-Labour: Juridical Illusions, Unfree Conditions and Novel Extensions
Authors: Bhandari Rakesh 
Published: April 2008

AbstractOnce we shift the intension of the concept of wage-labour from juridical attributes of negative ownership and contractual freedom to the actual performance of capital-positing labour, the extension of the concept – the cases that fall under it – changes as well. Once the concept of wage-labour is intensively re-defined as capital-positing labour, it becomes evident that the history and the geographical scope of wage-labour have not been well understood. This shift in the intension of the concept of wage-labour also disjoins the association between capitalism and freedom.
Here Is the Rose, Dance Here! A Riposte to the Debate on the Argentinean Crisis
Authors: Cecilia Dinerstein Ana 
Published: April 2008

AbstractThis article aims to contribute to the debate on the short- to medium-term political implications of the 2001 Argentine crisis (see issues 10.4, pp. 5–38 and 14.1. pp. 155–248 of this journal). The bulk of the argument deals with the criticism of the notion of 'reinvention of politics'. The article presents the theoretical premises and empirical data which sustain this proposal. It is argued that in order to appreciate the political innovation brought about by the events of December 2001, it is important first to consider the political, social and economic forms of capitalist transformations and crises that shaped them. Secondly, to locate this event in historical perspective, as a constitutive node within a non-teleological continuum of resistance. Thirdly, to view capitalist crises as presenting open opportunities for the reinvention of the forms of resistance, and to underscore that reinvention occurs as a result of simultaneous struggles against capital and for self-affirmation and recognition. By using examples of organisational innovation and social intervention by the piquetero movement it is suggested that December 2001 led to new practices or facilitated the development of existing forms of collective action that have often been overlooked by those disappointed by the ensuing political developments. The article also discusses the problem of periodisation, addressing the relationship between Marxism and the use of data produced by non-Marxist researchers, and calls into question the adequacy of Cartesian rationality for understanding December 2001 and the meaning of political change in Argentina.
The Podolinsky Myth: An Obituary Introduction to 'Human Labour and Unity of Force', by Sergei Podolinsky
Authors: Bellamy Foster John , Burkett Paul 
Published: April 2008

AbstractThe relationship between Marxism and ecology has been sullied by Martinez-Alier's influential interpretation of Engels's reaction to the agricultural energetics of Sergei Podolinsky. This introduction to the first English translation of Podolinsky's 1883 Die Neue Zeit piece evaluates Martinez-Alier's interpretation in light of the four distinct but closely related articles Podolinsky published over the years 1880–3. This evaluation also emphasises the important but previously underrated role of energy analysis in Marx's Capital. Engels's criticisms of Podolinsky are found to be quite justified from both political-economy and ecological perspectives. From the standpoint of Marx and Engels's metabolic and class-relational approach to production, Podolinsky's attempt to reduce use-value to energy is fraught with problems. Podolinsky's energy reductionism does not even come close to representing an alternative value analysis – let alone a groundbreaking perspective on ecological history – as was suggested by Martinez-Alier. Far from Marx and Engels's vision of communism as an ecologically sustainable and coevolutionary human development, Podolinsky's conception of human labor as an energy accumulation machine seems to uncritically mimic the standpoint of the capitalist interested in using nature only to extract as much energy throughput (work) as possible from the labour-power (potential work) of the worker.
Editorial Introduction to Vittorio Morfino
Authors: Thomas Peter , Tassone Giuseppe 
Published: April 2008

AbstractReading 'Capital''s promotion of the Spinozist sources of Marxism has stimulated a series of important studies in several major zones of Marxist theoretical work. A more general reassessment of Spinoza's thought in the project of a 'radical Enlightenement' provides the opportunity to consider critically the contribution of these studies to the elaboration of Marxist political theory. Vittorio Morfino, well known Italian scholar of Spinoza and Althusser, proposes to study Engels's reading of Spinoza in the context of the inheritance of classical German idealism in the Marxist theory of history. He argues that Spinoza provides resources for rethinking Marxist notions of temporality and structure. The result is a theory of conjunctural analysis, in distinction from 'normative' and 'prescriptive' perspectives.
The Secularism Debate and Turkey's Quest for European Union Membership
Authors: Hughes Edel 
Published: April 2008

AbstractThe potential accession of Turkey to the European Union is undoubtedly one of the Union's most contested prospective enlargements. Among the stated concerns are continuing problems surrounding Cyprus and Turkey's record in terms of fundamental human rights protections. The nature of the Turkish state and its current government, headed by the Islamic Refah Partisi, is also the subject of much discussion. This article traces the development of secularism in modern Turkey and outlines the effect that the Islamic revival is having on both Turkey and its attempts to join the ranks of the European Union.
The Legal Obligations of State and Non-State Actors in Respect of the Protection of Freedom of Thought, Conscience and Religion or Belief
Authors: de Jong Dennis 
Published: April 2008

AbstractIn this article, the author examines the consequences of the recent recognition of the idea that not only States but also non-State actors can violate human rights. While this development can help in defining the positive obligations of States concerning the protection of freedom of religion or belief, it can also undermine its protection. In particular, the author warns against implications for State interference with what used to be the internal affairs of religious communities. Whereas positive State obligations concerning the acts of non-State actors can be relatively easily established in the case of clear criminal offences, it is much more difficult to establish these in the case of conflicts between various human rights. The author therefore concludes that a new comment by the Human Rights Committee is called for to clarify the implications of these new legal developments.
Waving the 'Freedom of Religion or Belief ' Card, or Playing It Safe: Religious Instruction in the Cases of Norway and Finland
Authors: Slotte Pamela 
Published: April 2008

AbstractIn order to gain an understanding of what it means to have a human right to freedom of religion or belief, one has to start by looking at the different actual conflicts that give rise to discussion in terms of such a human right. Different conflicts reveal different problems. It is therefore unsatisfying to attempt to essentialise the human right to freedom of religion or belief, and simply apply it to different cases. There are, for example, various ways of organising religious instruction in public schools. Neutrality consists in presenting these models and conflicts, not in saying that there is one right or wrong answer. This, of course, does not exclude critical examination and discussion. This article examines one model attempting to accommodate religious freedom within a public education system while including religious instruction on the curriculum, and juxtaposes it to a second model of organizing religious instruction that has given rise to conflict. The models discussed have different problems and potentials. However, both trigger a critical analysis of how law perceives religion, especially religious manifestation and, within this framework, what it means to be a religious person. The analysis offers a contribution to ongoing debates about how to understand the human right to freedom of religion or belief.
Core binding factors are necessary for natural killer cell development and cooperate with Notch signaling during T-cell specification
Authors: Guo Yalin , Maillard Ivan , Chakraborti Sankhamala , Rothenberg Ellen V. , Speck Nancy A. 
Published: April 2008

AbstractCBFβ is the non-DNA binding subunit of the core binding factors (CBFs). Mice with reduced CBFβ levels display profound, early defects in T-cell but not B-cell development. Here we show that CBFβ is also required at very early stages of natural killer (NK)–cell development. We also demonstrate that T-cell development aborts during specification, as the expression of Gata3 and Tcf7, which encode key regulators of T lineage specification, is substantially reduced, as are functional thymic progenitors. Constitutively active Notch or IL-7 signaling cannot restore T-cell expansion or differentiation of CBFβ insufficient cells, nor can overexpression of Runx1 or CBFβ overcome a lack of Notch signaling. Therefore, the ability of the prethymic cell to respond appropriately to Notch is dependent on CBFβ, and both signals converge to activate the T-cell developmental program.
The effect of Korean pine nut oil (PinnoThin™) on food intake, feeding behaviour and appetite: A double-blind placebo-controlled trial
Authors: Hughes Georgina M. , Boyland Emma J. , Williams Nicola J. , Mennen Louise , Scott Corey , Kirkham Tim C. , Harrold Joanne A. , Keizer Hiskias G. , Halford Jason C. G. 
Published: April 2008

Abstract
Certain free fatty acids have been shown to have potent effects on food intake and self-reported changes in appetite; effects associated with increases in the release of endogenous cholecystokinin (CCK) and glucagon like peptide-1 (GLP-1). In the current study, the effects of a Korean pine nut oil product, PinnoThin™, at doses 2 g, 4 g and 6 g triglyceride (TG) and 2 g free fatty acid (FFA), on food intake and appetite were examined in a cross-over double-blind placebo-controlled randomised counter-balanced design in 42 overweight female volunteers. 2 g FFA PinnoThin™, given 30 minutes prior to an ad-libitum buffet test lunch, significantly reduced food intake (gram) by 9% (F(4,164) = 2.637, p = 0.036) compared to olive oil control. No significant effect of PinnoThin™ on macronutrient intake or ratings of appetite were observed. Given the recent data showing that the TG form of PinnoThin™ may also reduce appetite by increasing CCK release, the lack of any effect of the TG form found in this study could be attributed to the timing of the dosing regime. Collectively, these data suggest that PinnoThin™ may exert satiating effects consistent with its known action on CCK and GLP-1 release, and previously observed effects on self-reported appetite ratings.
DNA damage and cytotoxicity in type II lung epithelial (A549) cell cultures after exposure to diesel exhaust and urban street particles
Authors: Danielsen Pernille Høgh , Loft Steffen , Møller Peter 
Published: April 2008

Abstract

Background
Exposure to air pollution particles has been acknowledged to be associated with excess generation of oxidative damage to DNA in experimental model systems and humans. The use of standard reference material (SRM), such as SRM1650 and SRM2975, is advantageous because experiments can be reproduced independently, but exposure to such samples may not mimic the effects observed after exposure to authentic air pollution particles. This study was designed to compare the DNA oxidizing effects of authentic street particles with SRM1650 and SRM2975. The authentic street particles were collected at a traffic intensive road in Copenhagen, Denmark.

Results
All of the particles generated strand breaks and oxidized purines in A549 lung epithelial cells in a dose-dependent manner and there were no overt differences in their potency. The exposures also yielded dose-dependent increase of cytotoxicity (as lactate dehydrogenase release) and reduced colony forming ability with slightly stronger cytotoxicity of SRM1650 than of the other particles. In contrast, only the authentic street particles were able to generate 8-oxo-7,8-dihydro-2'-deoxyguanosine (8-oxodG) in calf thymus DNA, which might be due to the much higher level of transition metals.

Conclusion
Authentic street particles and SRMs differ in their ability to oxidize DNA in a cell-free environment, whereas cell culture experiments indicate that the particle preparations elicit a similar alteration of the level of DNA damage and small differences in cytotoxicity. Although it cannot be ruled out that SRMs and authentic street particles might elicit different effects in animal experimental models, this study indicates that on the cellular level, SRM1650 and SRM2975 are suitable surrogate samples for the study of authentic street particles.