bluuebunny/crossref_metadata_2025_split huggingface dataset:
Some Disputed Applications of the Principle of State Immunity
Authors: Fairman Charles 
Published: April 2006

When in 1895 the French jurist Féraud-Giraud launched his comprehensive study Etats et Souverains devant les Tribunaux Etrangers, he began with this declaration:Je n'hésite pas, dès le début de ce travail, & poser en principe et commerègle générale, que les tribunaux ne peuventconnaîre d'une demande portae devant eux contre un governement stranger.J'ajoute immediatement que cette regie, si elle doit etre acceptee comme principe dominant de la mature, comporte bien des tempéraments et meme de véritables exceptions.Je n'ose dire que certains ont voulu la voir appliquer d'une manière completement absolue; mais alors que des auteurs et des cours de justice se montraient très disposes à etendre plus ou moins ces exceptions, d'autres se sont efforcés de les renfermer dans les plus étroites limites.(Tome I, 28.)
Problems of International Law in French Jurisprudence 1939–1941
Authors: Domke Martin 
Published: April 2006

Recent European events have brought with them some interesting questions of international law which have been discussed in French courts, especially during the war. In the following pages some of these decisions will be taken up regarding:
I.Russian expropriation measures in Eastern Poland, September, 1939.II.Claims against owners of goods expropriated by the Spanish Government.III.The nationality of corporations.IV.The sequestration of enemy property.V.Art. 17 of the Armistice Convention between France and Germany (prohibition of the transfer of securities from the occupied zone).
American Civil War Precedents: Their Nature, Application, and Extension
Authors: McDiarmid Alice Morrissey 
Published: April 2006

When the present European war broke out and neutral rights came into the foreground of America’s anxieties, the President advised the public to study the conduct of the United States during the Civil War. That desperate struggle is inevitably the American touchstone for belligerent rights because, as Secretary of State Seward pointed out in 1863.It is… obvious that any belligerent claim which we make during the existing war, will be urged against us as an unanswerable precedent when [we] may ourselves be at peace.
Cold War Propaganda
Authors: Whitton John B. 
Published: April 2006

Coincident with the outbreak of the “cold war” the Soviet Union began a series of propagandistic attacks on the United States, its leaders and its policies, using every medium of communication for this purpose, but with special emphasis on radio propaganda. For some time the United States Government suffered these attacks to go unanswered, but in February, 1947, the “Voice of America” began to include among its other foreign programs regular broadcasts in Russian to the Soviet Union. At first these programs were confined almost entirely to music and straight news reports, but gradually more and more time was devoted to answering Soviet attacks considered hostile to the United States or harmful to its national interests.In retaliation Moscow, on April 24, 1949, embarked on a vast effort to jam the American programs, and is at present devoting over 1000 broadcasting stations to this single purpose. The American Government protested through diplomatic channels and to the International Telecommunications Union against this jamming campaign. Furthermore, jamming was condemned by the United Nations Sub-Commission on Freedom of Information and of the Press at its Montevideo meeting in May, 1950, as a violation of accepted principles of freedom of information. Also, the Economic and Social Council, at its eleventh session, held in Geneva during the summer of 1950, adopted a resolution recommending to the General Assembly that it call on all Members to refrain from jamming.
The Rôle of Adjudication in International River Disputes
Authors: Laylin John G. , Bianchi Rinaldo L. 
Published: April 2006

There are some who say that adjudication has no role to play in the settlement of disputes over the uses of waters of international rivers. One author writes:Should independent nations ever be so poorly advised as to submit one of their rivers to litigation in a world court, they will have started down the tortuous road, from which there may be no return….
United States Courts
Authors: Stevenson John R. 
Published: April 2006

Wacker V. Bisson. 348 P. 2d 602.U.S. Ct. App., 5th Cir., June 23,1965.The appellant, J. Samuel Wacker, awaiting extradition to Canada, brings this off-beat declaratory judgment action attacking the validity of an unappealable extradition order. Since Wacker is in custody, he might just as well have cast the action in the form of an application for habeas corpus. Wacker, however, has twice tried that approach without success. In the complaint and on appeal, the plaintiff advances on all fronts, attacking the constitutionality of numerous international treaties anil conventions, challenging the extradition statute (as written and as applied), and making other contentions based on all possible, and some impossible, reasons for the invalidity of the extradition. Wacker names as defendant the Consul General of Canada, the demanding state. The District Court dismissed the complaint for lack of jurisdiction over the subject matter and over the person of the defendant. We reverse and remand, taking the view that the District Court has jurisdiction under the Declaratory Judgment Act, 28 U.S.C. §2201 ff., to review collaterally the validity of the extradition proceeding.
Republic of China Courts: Public International Law Case Notes
Authors: Stevenson John R. 
Published: April 2006

Public Prosecutor V. Wang Min-tao and Sung Chen-wu.District Court of Taipei, Nov. 8,1965. File No.: 54th Year, Shu—2107.The defendants were Chinese nationals doing business in Seoul, Korea. On July 8, 1965, they led a number of Chinese nationals to the Chinese Embassy protesting the Embassy’s sale of some lands to Koreans. After having forcibly entered the Embassy, they led those Chinese in destroying the Embassy’s gate and furniture. They were arrested by Korean police and later handed over to Chinese authorities in Taiwan. They were prosecuted for interference with public functions and were sentenced to four and three years’ imprisonment, respectively, in accordance with Article 136 of the Chinese Criminal Code.
The Strait of Tiran, the Gulf of Aqaba, and the 1979 Treaty of Peace between Egypt and Israel
Authors: Lapidoth Ruth 
Published: April 2006

The July 1982 issue of this Journal (pp. 532-54) published an article written by Professor Mohamed ElBaradei, The Egyptian-Israeli Peace Treaty and Access to the GulfofAqaba: A New Legal Regime, in which he gives a contextual interpretation and evaluation of the regime laid down by Article V(2) of the Treaty of Peace. Article V(2) reads:The Parties consider the Strait of Tiran and the Gulf of Aqaba to be international waterways open to all nations for unimpeded and non-suspendable freedom of navigation and overflight. The Parties will respect each other's right to navigation and overflight for access to either country through the Strait of Tiran and the GulfofAqaba.
The Iran-United States Claims Tribunal
Authors: Leich Marian Nash 
Published: April 2006

In a notice issued by David P. Stewart, Administrator for Iranian Claims, under date of June 24, 1983, the Department of State informed claimants before the Iran-United States Claims Tribunal at The Hague of recent developments at the Tribunal with specific regard to settlement of claims. The notice read in part:On two recent occasions, the Tribunal had refused to certify as Tribunal awards settlements submitted by U.S. claimants and Iran. In one case the amount of the proposed settlement significantly exceeded the amount of the claim. In the other, the settlement was in the full amount of the claim plus interest, but the settlement required that, after the settlement had been paid from the Security Account at the N.V. Settlement Bank of Netherlands, more than half of the amount of the settlement would be paid to Iran for taxes allegedly owed. The U.S. claimant had previously denied that any such taxes were owed. The United States—and, to the best of the Department of State’s knowledge, all U.S. claimants—has consistently denied that Iranian counterclaims for taxes are within the Tribunal’s jurisdiction.
Sources of International Law: New Tendencies in Soviet Thinking
Authors: Mullerson R. A. 
Published: April 2006

As this discourse is devoted to the sources of international law in Soviet doctrine and the diplomatic practice of the USSR, I think that it is necessary to begin by characterizing my understanding of the contemporary Soviet doctrine of international law.In Western countries, the Soviet doctrine of international law is often regarded as monolithic, without internal contradictions and discussions. It is not so, though I would agree that there are some grains of truth in those allegations. On certain questions we have had too much unanimity in our social sciences at large, and in the doctrine of international law in particular. One could feel this unanimity particularly in the domain of the most sensitive political and legal problems.
Extraterritoriality of Human Rights Treaties
Authors: Meron Theodor 
Published: April 2006

On the eve of the planned U.S. invasion of Haiti, responding to an appeal from the International Committee of the Red Cross to apply international humanitarian law, the United States stated that
[i]f it becomes necessary to use force and engage in hostilities, the United States will, upon any engagement of forces, apply all of the provisions of the Geneva Conventions and the customary international law dealing with armed conflict.Further, the United States will accord prisoner of war treatment to any detained member of the Haitian armed forces. Any member of the U.S. armed forces who is detained by Haitian forces must be accorded prisoner of war treatment.
Karyotypic studies on species of Phaseolus (Fabaceae: Phaseolinae)
Authors: Mercado‐Ruaro Pedro , Delgado‐Salinas Alfonso 
Published: April 2006

Ten karyotypes of Phaseolus were analyzed. Possible directions of karyological evolution of those species are suggested. All species studied have karyotypes composed exclusively of metacentric and submetacentric chromosomes, except P. filiformis with all metacentrics, and P. chiapasanus with one pair of subtelocentric chromosomes. Secondary constrictions and satellites are common among species studied. Phaseolus leptostachyus, P. micranthus, and P. macvaughii are considered as aneuploids with 2n= 20, whereas the rest of the species have 2n= 22.We include a comprehensive list with information on chromosome counts gathered from other studies, using chromosomal indices, combined with our earlier counts and present findings. We provide recounts of all studied species and a first chromosome count of P. macvaughii.
Alexander I's Hundred Days: The Politics of a Paternalist Reformer
Authors: McConnell Allen 
Published: April 2006

“Speransky chez lui is very kind. I spoke to him about the fine beginning of Alexander's reign.”—A. S. Pushkin“Sire, vos années sont comptées, vous n'avez plus rien à remettre, et vous avez encore tant de choses à faire pour que la fin de votre règne soit digne de son beau commencement.”—M. N. KaramzinIn the nearly one hundred days between the murder of Alexander Pavlovich's father, Paul I, on the night of March 11-12, 1801, and the fall of Count Peter von der Pahlen, the leader of the conspiracy, on June 17, Alexander recovered from his initial demoralization and formed the paternalist political conceptions that would guide the next twenty-five years of his reign.
Soviet and American Childbearing Experiences and Attitudes: A Comparison
Authors: Ispa Jean 
Published: April 2006

In 1951, and again in 1955, Dr. Fernand Lamaze, a French obstetrician, traveled to the Soviet Union to study “psychoprophylaxis,” a method designed by Soviet psychologists, obstetricians, and neurologists to help women overcome pain and fear during childbirth. The method, which was rooted in the medical use of hypnosis and suggestion to alleviate pain, involved training women to take their minds off uterine contractions by concentrating instead on other bodily functions, such as breathing. Lamaze refined the method and brought it to the West.Lamaze's account of his indebtedness to Soviet scientists suggests that it may be useful to learn more about Soviet women's experiences during pregnancy and childbirth. Perusal of the literature, however, indicates that, while general descriptions in English of Soviet obstetrical care are available, very little is known about Soviet women's perceptions of and attitudes toward pregnancy and delivery.
Observations on the Value of Russia's Overseas Commerce with Great Britain during the Second Half of the Eighteenth Century
Authors: Kaplan Herbert H. 
Published: April 2006

In a previous publication I demonstrated the enormous value of Russia's overseas commodity exports to Great Britain's industrial development during the second half of the eighteenth century. Yet when value is determined only by sheer volume of commodities, the determination, even when supported by impressive shipping data, might not be as convincing as a determination of value based on other factors, for example, on money value.Scholars continue to argue over specific aspects of Anglo-Russian trade, over the accuracy of British commercial records, and over the degree of British involvement in Russian overseas commerce. This article addresses these issues and suggests that historians should not forget to look at the broad trends in the value of that trade when they debate specific aspects of the commercial relations between the two nations. Moreover, it seems to me that value comprehended in English pounds sterling or Russian rubles would further demonstrate the significance of Russia's overseas commodity trade to Great Britain, since such a demonstration would rest, as it were, on a surer foundation.
Recent Hungarian Publications on Béla Kun
Authors: Pastor Peter 
Published: April 2006

The nine years between 1979 and 1987 have been banner years for Hungarian publications on the history of the Hungarian Communist Revolution and its leader, Béla Kun. Occasioning the increased output were two anniversary dates: the sixtieth anniversary of the short-lived soviet republic in 1979 and the one-hundredth anniversary of the birth of its leader, Béla Kun, in 1986.Historical evaluations of Béla Kun's life started with a frenzy in 1979 when his political biography, written by György Borsányi, was published; they ended in a whimper with the publication of several Kun biographies in 1987. The controversial B61a Kun has been negatively judged not only by western historians and by Hungarian historians writing during the interwar years, but also by such prominent Russian revolutionaries as the Marxist Lev Trotskii and the anarchist Victor Serge. Both considered him an incompetent fool.
The Polish Party in Crisis, 1980–1982
Authors: Mason David S. 
Published: April 2006

Over the last three years, the Polish United Workers’ Party has suffered a major crisis, the most substantial crisis of any Communist party in any Communist party state. The disintegration of the party was at least partly responsible for both the development of Solidarity in the summer of 1980 and the imposition of martial law in December 1981. The lack of trust in the party and its authoritarian and unrepresentative character led the workers to demand an institution more responsive to their own needs. But the growth of Solidarity during 1981 and the continuing disintegration and fragmentation of the party led the military to preempt the leading role of the party in 1982.The collapse of the party in 1980 and 1981 was due to a number of factors. The party leadership had to bear the burden of the economic failures of the late 1970s and the consequent decline in the standard of living. The party itself had grown rapidly in size during that period, even though the influence of ordinary party members and local party organizations declined in the face of increasing tendencies toward centralization in the second half of the decade. This development led to problems of morale even within the party and to the growth of horizontal barriers between the membership and its leaders. The population at large was increasingly annoyed and disgusted with the failure of the party to improve the economic situation and to allow a more honest and open discussion of Poland's problems. The dissatisfaction was compounded by the widespread perception that the elite was increasingly looking after its own interests only and that benefits and privileges were accruing only to those in power.
What is the Appearance of Divine Sophia?
Authors: Fiene Donald M. 
Published: April 2006

Since the sixth century, the spiritual center of Eastern Orthodoxy has been Constantinople's Hagia Sophia Cathedral and, since the eleventh century, that of Russian Orthodoxy in two cathedrals dedicated to that same Holy Wisdom. Yet few Orthodox believers would recognize any icon of Sophia.Vladimir Solov'ev, in his poem “Three Meetings” (1898), describes three visions of Sophia—each a somewhat indistinct image of feminine beauty, suffused in a “golden azure” light. Possibly, Solov′ev's perception of Sophia originated in an icon he saw as a child (his first vision having occurred when he was nine); the Orthodox church, however, found his almost fanatical obsession with the divine femininity of Sophia to be highly objectionable. In particular, the Sophiology based on Solov′ev's writings, and advanced after his death first by Pavel Florenskii and then by Sergei Bulgakov, was attacked by the church throughout the 1920s and 1930s. Bulgakov's idea of Sophia was seen by the church as “involving a fourth feminine hypostasis in the Holy Trinity” who acted as a “gnostic intermediary between God and the world”; it was condemned as heretical. The church's unyielding position in this controversy was (and is) that only Jesus Christ, the Son of God, is the true Sophia—the Divine Wisdom of God—in accordance with 1 Cor. 1:23-31: “Christ the power of God, and the wisdom of God.”
The Ideological Origins of “Stalinism” in Soviet Literature
Authors: Schull Joseph 
Published: April 2006

More than anything else, ideology dominates in literatureLunacharskii, 1923Yes, we will stamp intellectuals, we will produce them, as in a factory.Bukharin, 1925The 1920s remain one of the most debated periods of Soviet history. Central to these debates is the issue of continuity between leninism and Stalinism, and the role of ideology under their respective leaderships. Supporters of “continuity” have usually emphasized the role of ideology as an intellectual bridge from the 1920s to the 1930s; conversely, those who question the continuity thesis usually point to major differences between leninism and Stalinism. I shall address this issue in relation to the history of attempts to organize writers in the early post-revolutionary period. My central claim is that Soviet discourse on writers and literature, articulated shortly after the revolution and elaborated during NEP, set a pattern which led to the absorption of writers into a unitary organizational apparatus and which culminated in the formation of the Writer's Union in April 1932. From 1917 to 1928, a clearly-articulated and largely consensual strategy of absorption of Soviet writers into a state-directed stream was spelt out well before Stalin was installed as the privileged speaker of “marxism-leninism.”
Life and Works of Evgenii Alekseevich Preobrazhenskii Translated by Konstantin Gurevich
Authors: Gorinov M. M. , Tsakunov S. V. 
Published: April 2006

Evgenii Alekseevich Preobrazhenskii has been one of the most important yet least known figures
on the Bolshevik Olympus: a prominent party functionary, economist, journalist, and writer, a
talented organizer of scholarly research, and educator. For political reasons, however, his activities
have long been virtually ignored in Soviet writing. References to him in Soviet histories of
the Communist party or economic histories have been one-sided and sketchy.Preobrazhenskii was born on 15 February 1886 (old style) in Bolkhov in Ore guberniia. His father, Aleksei Aleksandrovich Preobrazhenskii, was an Orthodox priest and Bible teacher at the Bolkhov Parochial School. Evgenii Alekseevich studied at his father's private school and completed two years at the Bolkhov City School.
Fathers, Sons and Impostors: Pushkin’s Trace inThe Gift
Authors: Greenleaf Monika 
Published: April 2006

(When a human being dies,his portraits change.)–Anna Akhmatova, 1940Nabokov’sThe Giftopens with the mock specificity of a date: 1 April 192-, which immediately, we are informed, calls attention to the Russian novelistic practice of “honest fictionality.” The long metaliterary excursus draws attentionawayfrom the specificity of one particular date, which the author, as it were, refuses to complete: on 1 April 1922 Nabokov’s father, the respected statesman Vladimir Dmitrievich Nabokov, was buried in Berlin, three days after his heroic, though fortuitous death in a right-wing assassination attempt on a former Kadet ally, P.N. Miliukov.
State and Society under Stalin: Constitutions and Elections in the 1930s
Authors: Getty J. Arch 
Published: April 2006

It is clear that tested by the Constitution of the Soviet Union as revised and enacted in 1936, the USSR is the most inclusive and equalised democracy in the world.Sidney and Beatrice Webb, 1937Many who lauded Stalin's Soviet Union as the most democratic country on earth lived to regret their words. After all, the Soviet Constitution of 1936 was adopted on the eve of the Great Terror of the late 1930s; the “thoroughly democratic” elections to the first Supreme Soviet permitted only uncontested candidates and took place at the height of the savage violence in 1937. The civil rights, personal freedoms, and democratic forms promised in the Stalin constitution were trampled almost immediately and remained dead letters until long after Stalin's death.
“Alien” Personnel in the Soviet State: The People’s Commissariat of Agriculture under Proletarian Dictatorship, 1918-1929
Authors: Heinzen James W. 
Published: April 2006

Land policy must be carried out by an apparatus that has not grasped the tasks and ideas of Soviet construction in the countryside and that is riddled with elements that are alien and even hostile to Soviet power.—N. M. Shvernik, section chief, People’s Commissariat of Workers' and Peasants' Inspectorate, 1924“Anyone who reads the letters that passed between the Intendants and their superiors or subordinates,” wrote Alexis de Tocqueville, “cannot fail to be struck by the family likeness between the government officials of the past and those of modern France.” He added that not only the personnel and institutions but even the internal bureaucratic terminology of the old regime was similar to that of postrevolutionary, republican France. Despite their obsession with the French Revolution, Russia’s revolutionary rulers had probably not read Tocqueville’s cautionary tale about the persistence of the old-regime state. If they had, they might have learned quite a bit.
N. la. Marr and the National Origins of Soviet Ethnogenetics
Authors: Slezkine Yuri 
Published: April 2006

Whatever about the soundness of de Selby's theories, there is ample evidence that they were honestly held and that several attempts were made to put them into practice.Flann O'Brian,The Third PolicemanThe world consists of nations. Nations are communities united by a common name, state, language, territory, culture, and physical type. Nations are defined by their origins. Yet the origins of the name, state, language, territory, culture, and physical type may have nothing to do with each other. Such was the Great Ethnological Predicament, discovered and sometimes discussed by eighteenth-century scholars as they pursued Jean Le Rond D'Alembert's “art of reducing, as far as possible, a great number of phenomena to a single one which can be regarded as the principle of them.”