bluuebunny/crossref_metadata_2025_split huggingface dataset:
Advocate General Jacobs and intellectual property law
Authors: Greaves Rosa 
Published: January 2009

AbstractThis chapter focuses on Advocate General Francis Jacobs and his contributions to intellectual property law. Jacobs was appointed Advocate General in 1988, at a time when the European Project had just been restarted with the adoption of the Single European Act and the establishment of the Court of First Instance. He retired in December 2005, making him the second longest holder of the office. During his 17 years in office he delivered over 500 Opinions. The chapter begins with a brief resume of the case law on intellectual property rights prior to his appointment; consideration is then given to the Opinions he delivered on the relationship between the EC Treaty rules on competition and free movement and the exercise of intellectual property rights. Finally, the Opinions he delivered in cases where interpretation questions were raised in respect of the Trade Mark Directive and the Trade Mark Regulation are examined.
Advocate General Jean-Pierre Warner and EC competition law
Authors: Greaves Rosa 
Published: January 2009

AbstractThis chapter focuses on Advocate General Jean-Pierre Warner and his contributions to EC competition law and procedure. Warner was appointed Advocate General in January 1973 on the occasion of the first enlargement of the EEC, with the accession of Denmark, Ireland and the UK. Warner was the first Advocate General trained in a common law jurisdiction. He delivered over 200 Opinions during his eight years in office. The chapter begins with a brief summary of the state of play in 1973 as far as the EC competition rules and procedure were concerned. This is followed by an examination of the Opinions Warner delivered that concerned the extent of the Commission's powers to adopt definitive and interim measures to terminate infringements, and also the Opinions he delivered in cases that raised issues of procedural safeguards for the undertakings under investigation. Finally, the Opinions Warner delivered on issues of substance in respect of Articles 81 and 82 EC are considered.
Permissibility of Targeted Killing as a Method of Law Enforcement
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter examines the extent to which the method of targeted killing can be regarded as permissible under each of the conditions and modalities of the international normative paradigm of law enforcement. It shows that any State-sponsored targeted killing not directed against a legitimate military target in an armed conflict must be governed by the normative paradigm of law enforcement. Therefore, in order to be lawful a particular targeted killing must, cumulatively: (i) have a sufficient legal basis in domestic law; (ii) not be of punitive but of exclusively preventive nature; (iii) aim exclusively at protecting human life from unlawful attack; (iv) be absolutely necessary in qualitative, quantitative and temporal terms for the achievement of this purpose; and (v) be the undesired ultima ratio, and not the actual aim, of an operation which is planned, prepared and conducted so as to minimize, to the greatest extent possible, the recourse to lethal force.
Surface waves and patterns in periodically vibrated granular layers
Authors: Aranson Igor S. , Tsimring Lev S. 
Published: January 2009

Abstract
This chapter examines pattern-forming phenomena in thin layers of granular materials subjected to low-frequency periodic vertical vibration above the acceleration of gravity. Compared to driven granular gases discussed in Chapter 4, dense layers of granular materials under sufficiently strong excitation exhibit fluid-like motion. The most spectacular manifestation of the fluid-like behavior of granular layers is the occurrence of surface gravity waves which are quite similar to the corresponding patterns in ordinary fluids. To understand the nature of these collective phenomena, many theoretical and computational approaches have been developed. The most straightforward approach is to use molecular dynamics simulations which are feasible for sufficiently thin layers of grains. On the other hand, since the scale of observed pattern typically is much greater than the size of the individual grain, a variety of continuum approaches, ranging from phenomenological Ginzburg-Landau type theories to granular hydrodynamics, are discussed.
Patterns in gravity-driven granular flows
Authors: Aranson Igor S. , Tsimring Lev S. 
Published: January 2009

Abstract
This chapter provides an overview of mechanisms and theoretical models of pattern formation in dense gravity-driven granular flows. A wide range of phenomena, from one- and two-dimensional avalanches flowing upon inclined planes, instabilities and fingering of avalanche fronts, flows in rotating drums to self-organized criticality and statistics of granular avalanches, are considered. In the majority of gravity-driven granular flows, the motion is confined at the surface of the granular system. Various approaches are used to describe surface flows, including depth-averaged hydrodynamic equations (the Saint-Venant model), two-phase models rolling and static fractions of erodible granular flows (Bouchaud, Cates, Ravi Prakash, and Edwards equations), and order parameter models for partially fluidized granular flows.
Granular materials with complex interactions
Authors: Aranson Igor S. , Tsimring Lev S. 
Published: January 2009

Abstract
This chapter focuses on the situation when interactions between grains are not limited to simple collisions and friction. In many practically important situations, long and short range forces come into play, such as electromagnetic forces due to rubbing or charging of particles, interaction with interstitial fluid. While interaction of grains with interstitial fluid is a traditional part of engineering research, effects of particle anisotropy, electromagnetic interactions mediating short-range collisions, agglomeration, and many others constitute a formidable challenge. A variety of nontrivial systems is discussed, from ripples and dune formation in wind and water driven granular flows, to dynamic patterns in the systems of anisotropic grains (long rods), and patterns in electrostatically and magnetically energized systems. While the rigorous treatment of problems in granular media with complex interaction is often impossible or prohibitively difficult, progress is achieved by by a combination of numerical modeling and phenomenological approaches.
Qualia Empiricism
Authors: Mendola Joseph 
Published: January 2009

AbstractThis chapter gathers together the various elements of the correct internalist theory, which is called qualia empiricism. It shows how such a theory can reply to one characteristic form of private language argument. And it contrasts this proposal with relatively close competitor proposals by Chalmers and Yablo. It propounds a kind of semantic two-dimensionalism, and is less centered on epistemological concerns than traditional forms of empiricism.
Why Not Torture Terrorists?
Authors: Ginbar Yuval 
Published: January 2009

Abstract
The book addresses a dilemma at the heart of the ‘War on Terror’: Is it ever justifiable to torture terrorists in order to save the lives of innocent civilians in a ‘ticking bomb situation’ (TBS)? The book first analyzes the ticking bomb dilemma as a pure moral one, facing the individual would-be torturer. A ‘never-say-never’ utilitarian position is pitted against a ‘minimal absolutist’ view that some acts are never justifiable, and that torture is one such act. It then looks at the issues that arise once a state has decided to sanction torture in extreme situations, including when, how, and whom to torture; the institutionalization of torture; its effects on society; and its efficacy in combating terrorism in the shorter and longer runs. Four models of legalized torture are next examined, including current ones in Israel and the USA and the idea of torture warrants. Finally, related legal issues are analyzed through extensive use of international and domestic legal materials; the issues including the lawfulness of coercive interrogation under international law and attempts to allow torture ‘only’ after the fact, for instance by applying the criminal law defence of necessity. A minimal absolutist view — under which torture, whether by private individuals or by state officials, must be prohibited absolutely in law, policy, and practice, and allowing no exceptions for ticking bomb situations — is defended throughout.
The Minimal Absolutist Approach I: Anti-absolutism as Morally Untenable
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter outlines the author's minimal absolutist view, a ‘bare-boned’ moral view that certain acts must be prohibited absolutely, i.e., must never be performed, whatever the consequences. Reviewing questionable candidate acts for such prohibition, including lying and killing, and explaining the ‘slippery surface‘ method of logically testing the scope of moral views, the chapter then argues that the opposing view — anti-absolutism — cannot logically allow the prohibition of any act, however horrendous. Thus, it must allow torturing babies to death for fun if this would save thousands of other babies. Two real-life examples of minimal absolutism are provided: the prohibition of cruel death penalty in the West and the universal rejection of experiments on humans without informed consent, even if, used to develop a vaccine for HIV/AIDS, it would save millions of lives. It is concluded that anti-absolutism must justify atrocities, including terrorism, and is morally corrupting and enslaving.
Part I—Conclusions
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter concludes the discussion of the ticking bomb question as a one of pure individual morality. For the purpose of defending an absolute prohibition on torture a minimal absolutist position, rather than a wider moral theory, is sufficient. The overwhelming strength of the ‘numbers’ in the torture-justifying argument is also its moral downfall, among other things because it must allow the torture of the innocent, making each of us, potentially, a victim of torture — as well as a torturer. The qualities of character needed for one person to inflict unimaginable cruelty upon another cannot sit easily with our concept of a good character. A torture-justifier would indeed commit atrocities, where necessary, to save us, but only if we belong to a large enough number of potential victims. The minimal absolutist, in contrast, would always do anything humanly possible to save innocent lives.
Israel's High Court of Justice Model
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter describes and analyzes the model of legalized torture established by a 1999 Israeli Supreme Court (as High Court of Justice, HCJ) ruling, under which interrogation of suspected terrorists has been regulated in Israel between then and the present. Declaring the Landau system as illegal, since the ‘defence of necessity’ (DoN) cannot apply a priori and interrogators have no authority to torture or ill-treat, the Court nevertheless ruled that the DoN is available ex post facto to interrogators who torture (applied ‘physical methods’) in ticking bomb situations. According to official data, dozens of Palestinians were interrogated annually using ‘extraordinary measures’ in TBSs during the second Palestinian Intifadah's first two years. Human rights organizations claim much higher numbers. No interrogators have been prosecuted. Methods, pronounced by a UN expert to amount to torture, include incommunicado detention, sleep deprivation, shackling in painful positions, and other forms of violence and humiliation.
Part IV—Introduction
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and Israeli models constitute torture under international legal definitions or are even unlawful at all, for instance as ‘cruel, inhuman, or degrading treatment’ is discussed first, followed by an analysis of the ‘defence of necessity’ as a putative basis for exempting torturers in ticking bomb situations from criminal responsibility. This issue will be analysed both in the context of national and international criminal law. Thirdly, in concluding this Part, the applicability of that defence and other ex post mechanisms to the reality of states facing terrorism in the early 21st century will be discussed.
The Dangers ofAmour‐Propre
Authors: Neuhouser Frederick 
Published: January 2009

AbstractThis chapter reconstructs Rousseau's account of why amour-propre is the principal source of the enslavement, conflict, vice, misery, and self-estrangement that pervades human reality. The first question to be addressed is how amour-propre helps make possible the evils mentioned above. The concern is not to explain why those evils are so widespread — why amour-propre so frequently gives rise to them — but merely to understand how the features of amour-propre outlined in the previous chapter make them possible. Implicit in this undertaking is the view that in the absence of amour-propre, these human evils would be non-existent or, at worst, extremely rare.
The Legal Entrenchment of Illegality
Authors: Lyons David 
Published: January 2009

AbstractThis chapter recounts a number of situations in the American South where legal officials persistently declined to impose penalties for certain crimes (committed against black people) even though the identities of the perpetrators of those crimes were generally known to the legal authorities. It adduces these harrowing facts of American history in order to question Hart's model of the ways in which the activities of legal officials sustain the existence of laws.
Fairness, Needs, and Desert
Authors: Hooker Brad 
Published: January 2009

AbstractThis chapter explores two major distinctions that are often deemed relevant to fairness: benefits that satisfy some need(s) versus benefits that do not satisfy any need(s), and deserved benefits versus undeserved benefits. In the course of investigating these distinctions, it argues in favour of weighted prioritarianism as one key principle in an overall account of justice.
3 Easter and the Passover Moon
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Jesus was crucified at the time of the Passover. Passover is observed on the 14th day of the first month, when the springtime crop is ripe. In a lunar calendar, the 14th day of the month is a full moon. Some communities commemorated the Passion on the 14th day of the moon, regardless of the calendar date (Quartodecimans). Others observed Easter on a Sunday at the approximate time of the full moon. The Council of Nicaea (AD 325) endorsed the latter practice and provided that all should defer to the churches at Rome and Alexandria for the determination of the date. Those churches had adopted a cycle for coordinating the phases of the moon with the vernal equinox. The earliest such cycle equated eight Julian years with 99 lunar months. What ultimately became the standard cycle equated 19 Julian years with 235 lunar months.
6 The Computistical Rules
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Dionysius Exiguus appended to his 95‐year table a set of rules (argumenta) for working with the data. Of the sixteen rules included in the manuscripts, only the first ten derive genuinely from Dionysius, with the possible exception of the seventh rule. In his examples, Dionysius uses what he calls the present year—the consulship of Probus, AD 525. The rules are clearly of Alexandrian origin. Dionysius has adapted them to the Roman calendar, but some of them are explicable only as formulae based on the Alexandrian calendar.
13 The Chronicon Paschale and the Origins of the Byzantine Era
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
The Byzantine form of the Alexandrian cycle emerged in the 7th century, with an era of creation corresponding to 5509/8 BC and a cycle that began with the 14th day of the moon on 2 April. The Byzantine cycle and its era were adaptations of an innovation proposed by the author of the Chronicon Paschale. That text uses a 19‐year cycle beginning from the 14th day of the moon on 13 April and acalendar that began on Wednesday, 21 March 5509 BC. The authors of the Byzantine cycle accepted Sunday 18 March 5509 BC as the date of creation, but numbered the years from 1 September 5509 BC, in synchronism with the civil calendar. They also moved the saltus from the end of the 19th year to the end of the 17th so as to yield a sequence of epacts in agreement with the Alexandrian cycle.
6 Excursus: Success and Choice of Competitive Strategies
Authors: Herrmann Andrea M. 
Published: January 2009

AbstractThis chapter explores corporate success. It addresses the question: Are pharmaceutical firms less successful if they pursue strategies that are not supported by national institutions? Given that quantitative analyses do not support this idea, the chapter examines the strategy choices of entrepreneurs. Since institutional considerations are of limited importance to this end, on which grounds do entrepreneurs base their choice of a competitive strategy? Qualitative comparisons of interviews with managers reveal that technological opportunities to transform inventions or imitations into marketable products are of major concern when entrepreneurs choose their firms' strategy. The chapter concludes by illustrating the implications that result from these findings for institutional theories.
Peremptory Norms in International Law
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention, and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations, they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. The hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations, but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.
The Effect ofJus Cogensin the Law of Treaties
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter addresses the impact of jus cogens in the law of treaties. It examines the most classical or traditional case of the invalidity of treaties under Article 53 of the 1969 Vienna Convention on the Law of Treaties. It also examines the practical impact of jus cogens not directly mentioned in, but structurally admitted by, the Vienna Convention: interpretation of treaties, reservations to treaties, suspension, and modification of treaties. In some cases, the impact of jus cogens is direct while in other cases it is mediated through objective treaty obligations (see above Chapter 4). The chapter covers both conceptual aspects and State practice.
The Normative Conflict between a Security Council Resolution andJus Cogens: The Practice of the Security Council
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines how exactly the UN Security Council acts in breach of jus cogens and what sort of normative conflicts are produced. In some cases, Security Council expressly generates, authorises or approves breaches of jus cogens; in other cases, it is seen as implicitly acquiescing to such violations; in some cases the inaction of the Council is seen as an approval of breaches. The chapter examines and assesses all these claims at the example of State practice covering multiple situations: Cyprus, Bosnia, Iraq, Libya, Kosovo, and East Timor.
Legal Consequences of the Conflict of a Security Council Resolution with Peremptory Norms
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines a number of problems of interpretation of Security Council resolutions to construe them as not conflicting with jus cogens and so preserve their validity. As for resolutions that cannot be so interpreted, the chapter examines the issue of invalidity of resolutions; and the means of challenging illegal resolutions: protest, refusal to carry out, and judicial review. The practice of all relevant international tribunals is examined. As a follow-up on Chapters 12–14 of this monograph, the articles by this author in Max-Planck YBUNL (2007) and AJIL (2008) should be consulted.
Doctrinal Treatment of the Effectiveness of Legal Regulation
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines how the determinacy and effectiveness of legal regulation were first focused upon, and taken as the basis for international legal reasoning, by J. L. Brierly and Sir Hersch Lauterpacht. The analysis covers the two authors' examination of the completeness of legal regulation, and separation of international law from politics. A few basic premises of legal reasoning are identified as the starting-point for analysis for the rest of the monograph.
Characteristics and Implications of the Effectiveness of Legal Regulation
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter focuses on the essence of determinacy of legal rules, and the degrees of their indeterminacy as can be met in international judicial practice. If rules are indeterminate, this opens the way for arguing that law is influenced by politics, and that rules can be subjectively interpreted. This would not support the consistency and effectiveness of legal regulation. After examining how tribunals can respond to alleged indeterminacy of rules, the chapter examines in detail how legal argument relates to political argument in the international legal system, and how legal obligation relates to the residual sovereignty of States. These issues are crucial for examining how interpretation works in the subsequent chapters, from Chapter 9 onwards.
Conceptual Aspects of Interpretation
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines starting-point conceptual issues of interpretation in international law. The basic questions relate not only to doctrinal aspects, such as the discourse between Sir Hersch Lauterpacht and Julius Stone, but also to such key issues as relationship between interpretation and application of rules; evolutive interpretation, interpretation and sovereignty, and ‘approximate application’. Identifying the basis of interpretation in reflecting the original consent and agreement, the chapter concludes that there are no radical differences in how different treaty and non-treaty instruments should be interpreted.