bluuebunny/crossref_metadata_2025_split huggingface dataset:
Foreign Nationalizations
Authors: Domke Martin 
Published: April 2006

Nationalization of foreign property and deprivation of contractual rights have again achieved prominence through measures in Iran, Egypt, Indonesia, and, more recently, in Cuba. The end of certain regimes often brings with it changes in political and social conditions. And yet recognition of acquired rights is the principal basis of intercourse in economic relations, as recognized by the law of civilized nations. International law, far from being an outgrowth of only Western concepts, is indeed an expression of fundamental principles embodied in long established legal systems throughout the world. Islamic law, for instance, which is of real significance for one sixth of the world population, in the Middle East, Pakistan, Southeast Asia and parts of Africa, clearly embodies the universal maxim of the protection of acquired rights.An anomalous situation arises where governments desire foreign investments while at the same time rights in property and contractual relations are threatened and even destroyed. The Brazilian Judge Levi Carneiro said in the Anglo-Iranian Oil Co. Case:
When there are so many countries in need of foreign capital for the development of their economy, it would not only be unjust, it would be a grave mistake to expose such capital, without restriction or guarantee, to the hazards of the legislation of countries in which such capital has been invested.
Contemporary Practice of the United States Relating to International Law
Authors: Myers Denys P. 
Published: April 2006

The Senate on March 16, 1961, by a vote of 72 to 18, advised and consented to the ratification of the Convention on the Organization for Economic Cooperation and Development and its three protocols signed at Paris December 14, 1960. The Organization is a consultative forum capable of initiating agreements on the use and development of economic resources, on removing obstacles to trade and current payments, on liberalization of capital movements, on the flow of capital to less developed countries. The 20 signatories are the industrialized states of Europe, Canada and the United States. A vociferous opposition to the convention by interests that erroneously thought it might reduce tariffs was heard by the Senate Committee on Foreign Relations. Whether on that account or because they realized the importance of the convention itself, members of that committee in two executive sessions carefully probed official spokesmen to satisfy themselves that the convention did not affect the powers of the President or Congress. As a consequence, the resolution approving the convention took this unusual form:
Having regard to and in reliance on the statement in the letter of January 16, 1961, from Secretary of State Herter to President Eisenhower and transmitted by him to the Senate on January 17, 1961, that “the U. S. representative will not have any additional powers in substantive matters to bind the United States after the convention enters into force than now exist in the Executive, but that any act of the Organization outside the power of the Executive will require action by Congress or the Senate, as the case may be, before the United States can be bound,” and having regard to and in reliance on the testimony of Secretary of the Treasury Dillon and Under Secretary of State Ball in behalf of the administration, and having regard to and in reliance on the Opinion of the Legal Adviser of the Department of State dated March 6, 1961, and quoted in the committee report of this convention:Resolved (Two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention on the Organization for Economic Cooperation and Development, together with two protocols relating thereto, signed at Paris on December 14, 1960, by representatives of the United States of America, Canada, and the 18 member countries of the Organization for European Economic Cooperation (Executive E, 87th Congress, 1st session), with the interpretation and explanation of the intent of the Senate that nothing in the convention, or the advice and consent of the Senate to the ratification thereof, confers any power on the Executive to bind the United States in substantive matters beyond what the Executive now has, or to bind the United States without compliance with applicable procedures imposed by domestic law, or confers any power on the Congress to take action in fields previously beyond the authority of Congress, or limits Congress in the exercise of any power it now has.
Developments in Private International Law
Authors: Kearney Richard D. 
Published: April 2006

To that small band of faithful followers who are devoted to the unification of private international law, October 9 is a day to be commemorated with fetes and galas replete with jest and jollity. On that splendid day in 1986, the Senate of the United States by a vote of 98-0 gave its advice and consent to the ratification of four private law treaties:
the 1980 International Sales Convention;the 1980 International Child Abduction Convention;the 1975 Inter-American Convention on International Commercial Arbitration; andthe 1975 Inter-American Convention on Letters Rogatory with Additional Protocol.
On Drawing a Bright Line for Covert Operations
Authors: Johnson Loch K. 
Published: April 2006

This analysis of covert operations, as conducted by Western intelligence services, explores the problem of assessing their effects on international order and comity. Despite a tendency of commentators to overlook this form of intervention, the topic is important; in contemporary global relations, covert acts of hostility between nations occur with a high rate of frequency.The study is organized into three sections. The first presents a “ladder of escalation” for covert operations, one based on a rising level of intrusion abroad as policy makers climb upward from low-risk to high-risk activities. The second section briefly surveys leading ethical, philosophical and practical issues involved in trying to evaluate the effects of secret intelligence activities. And the third section offers a set of guidelines for evaluating the propriety of proposed covert operations.
Human Rights in Law’s Empire: The Jurisprudence War
Authors: Farer Tom J. 
Published: April 2006

Our intramural, often scholarly, but not always polite, debates about the legitimacy of invasions directed against more-or-less brutal authoritarian governments demonstrate how one’s preferred conception of the nature of law can affect one’s conclusions about its contents.The celebrants of what I will call the classical view display the following characteristics: while recognizing that states can establish and alter norms through both explicit agreements normally expressed in written texts and implicit agreements manifested in practice, they tend in their epistemology toward a rather strict separation of these two processes; when attempting to identify norms arising from explicit agreements, they presume that the parties had an original intention which can be discovered primarily through textual analysis and which, in the absence of some unforeseen change in circumstances, must be respected until the agreement has expired according to its terms or been replaced by mutual consent; when attempting to identify norms arising from implicit agreement, they rely primarily on relatively formal manifestations of consent, deemphasize the relative power of states, and imply a high threshold below which alleged norms are entirely without legal character.
Contemporary Practice of the United States Relating to International Law
Authors: Nash Marian , Leich  
Published: April 2006

On June 27, 1996, the Senate voted its advice and consent to ratification of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, with Annexes, adopted at New York on August 4, 1995, by consensus of the UN Conference on Straddling Fish Stocks and Highly Migratory Stocks, and signed by the United States on December 4, 1995, subject to one declaration, which read as follows:It is the Sense of the Senate that “no reservations” provisions as contained in Article 42 have the effect of inhibiting die Senate from exercising its constitutional duty to give advice and consent to a treaty, and die Senate’s approval of this treaty should not be construed as a precedent for acquiescence to future treaties containing such a provision.
The Forty-Sixth Session of the International Law Commission
Authors: Rosenstock Robert 
Published: April 2006

The International Law Commission of the United Nations held its forty-sixth session from May 2 to July 22, 1994, under the chairmanship of Professor Vladlin Vereshchetin of Russia.The Commission had one of its most productive sessions. It completed a second draft of a statute for an international criminal court; completed its second reading on nonnavigational uses of international watercourses; completed, provisionally on first reading, a discrete portion of its work on liability for injurious consequences arising out of acts not prohibited by international law; considered aspects of state responsibility; began its second reading on the Draft Code of Crimes; and appointed Vaclav Mikulka and Alain Pellet, respectively, as special rapporteurs for the new topics of “State succession and its impact on the nationality of natural and legal persons” and “the law and practice relating to reservations to treaties.” It is the intention of the Commission to conclude its work on these two topics during the current term, i.e., by 1996.
Soviet Historians Prepare for the Fiftieth
Authors: Daniels Robert V. 
Published: April 2006

Every tenth-year anniversary of the October Revolution has been the occasion for a burst of publication by Soviet scholars to celebrate the event. Each successive decade has witnessed an ever larger output of documentary and memoir collections, symposia, monographs, surveys, brochures, and textbooks. The half-century year 1967 promises to be the culminating point of this effort, with hundreds of historical publications of every type now appearing or promised.I had some advance acquaintance with this anniversary historiography during the month which I spent as an exchange scholar in Moscow and Leningrad in the fall fall of 1966 under the United States-Soviet cultural exchange agreement.
Reply
Authors: Erlich Victor 
Published: April 2006

As a part-time observer of the Soviet literary scene, I am gratified to see my tentative generalizations endorsed by men as knowledgeable and authoritative in the field of Soviet literature as George Gibian and Max Hayward. I am also glad that my attempt at diagnosis has provided an occasion for an illuminating companion piece and a thoughtful reassessment of what is undoubtedly one of the most significant works of recent Soviet fiction.I have no quarrel whatsoever with the main body of Professor Gibian's perceptive and amply documented analysis, which supplements admirably my sketchy survey of trends and issues. The only portion of his article which may call for a brief rejoinder or clarification is the extended footnote. To take issue with what Professor Gibian himself calls "minuscule objections" is a somewhat picayune undertaking. But, just to be conversational, let me offer a few counter-cavils.
Alexander Turgenev, Ambassador of Russian Culture in Partibus Infidelium
Authors: Struve Gleb 
Published: April 2006

To the memory of Waclaw Lednicki (1891-1967)“Homme de toute sorte de savoir,” was how Alexander Turgenev was once described by Chateaubriand, while Francis Jeffrey, the editor of the Edinburgh Review, in a letter to Sydney Smith, called him “a Russian gentleman accomplished in all liberal and orthodox sciences.” The word “orthodox” was underlined by Jeffrey, and Turgenev said that he did not understand the meaning of that underlining. It is possible, of course, that all Jeffrey had in mind was that Turgenev was of the Russian Orthodox faith and knew all about its tenets.
The Peasant Revolt of Bábolna 1437-1438
Authors: Held Joseph 
Published: April 2006

On April 24, 1445, János Vitéz of Zredna, a well-known Hungarian humanist bishop, wrote to a friend about conditions existing in his homeland:The sword is now the destroyer of every right … hence, Liberty is in the grip of Hatred, and pillage and looting are the providers of luxury…. No one gives mercy to another and everyone knows fear…This was not merely humanist rhetoric; Vitéz's perceptions accurately described the Hungarian situation, where the powerful barons had become the controllers of the machinery of the state.The Hungarian province of Transylvania (see p. 26), “the Land beyond the Forests,” in which the drama of 1437-38 was enacted, experienced a parallel development. During the fourteenth century, the barons in that province (as in the rest of Hungary) established seigneurial control over the peasant population. A system of feudal dues and obligations was imposed on the peasantry, and free movement from one estate to another was effectively curtailed. The tensions that this situation created in Transylvania were heightened by conflicts that were peculiarly Transylvanian in character.
The Beseda Circle, 1899-1905
Authors: Emmons Terence 
Published: April 2006

Constitutions in almost all states have been introduced at various times, in bits and pieces and for the most part amidst violent political upheavals. The Russian Constitution will owe its inception not to the inflaming of passions and extremity of circumstance, but to the virtuous inspiration of the Supreme Authority, which, in ordering the political life of its people, is fully capable of endowing it with proper forms.M. M.SperanskyEvery attempt to introduce West European parliamentary forms of government into Russia is doomed to failure. If the tsarist regime is overthrown, its place will be taken by pure undisguised communism, the communism of Mr. Karl Marx who has just died in London and whose theories I have studied with attention and interest.D. A.TolstoyThe constitutional-reform movement in Russia passed through three stages of institutional development before its ultimate demise in revolution and civil war. In the first, occupying about a decade between the mid-1850s and the mid-1860s, the reform movement was concentrated in the corporate institutions of the landed gentry.
Death Masks in Tolstoi
Authors: Parthé Kathleen 
Published: April 2006

Tolstoi made the accurate and poetic description of death a literary problem to be solved: how does a writer use the resources of language to describe the actual sensation of dying, an experience which the living can never fully comprehend? Experimenting with various linguistic means to create and use ambiguity, Tolstoi worked on a solution to this problem over many years in Childhood, Sevastopol Tales, “Three Deaths,” War and Peace, “Notes of a Madman,” and The Death of Ivan ll'ich. There are critics who feel that his achievement in this area is virtually unsurpassed; a recent book on death in world literature devotes more attention and praise to Tolstoi than to any other writer.The most powerful of all death scenes in Tolstoi's fiction is the one that portrays Prince Andrei Bolkonskii in War and Peace. The specter of death that Andrei sees in a dream, a substantiation of his fear of dying, is designated simply by the neuter pronoun ono (it). Konstantin Leont'ev was struck by this ono which he felt was so terrifying and mysterious that it could be identified with death itself. What makes ono so immediately striking is that although it is a neuter form, it is used intentionally (by being underlined) to refer directly to the word smert' (death), which is a feminine noun.
Khar'kov's Progressive Duma, 1910-1914: A Study in Russian Municipal Reform
Authors: Hamm Michael F. 
Published: April 2006

Like their zemstvo counterparts, the municipal dumas played a major role in determining the quality of life in tsarist Russia from the Great Reforms until the Revolution in 1917. During this period of rapid urban growth, the dumas had the authority to regulate housing conditions. They bore major responsibility for ensuring an appropriate level of public health and sanitation, welfare and social services and for developing public education, transportation, parks, and recreational facilities.The restrictive municipal “counter reform” of 1892 destroyed some of the promise of urban self-government, however, and with few exceptions, city government entered the twentieth century with a reputation for apathy, indolence, and indifference to all but the narrow concerns of the tiny propertied elite to whom local affairs had been entrusted. Perhaps Den', a leftist paper, was too harsh when it characterized the record of a St. Petersburg duma as one of “criminal indifference and cynical unconcern.” But recently historians have taken a similar, if less biting view:
The Environmental Crisis in Eastern Europe: The Price for Progress
Authors: Kramer John M. 
Published: April 2006

Environmental pollution is the price that has to be paid for industrial development and the development of civilization. Arresting and eliminating these processes is extremely costly and we do not always have the means at our disposal for the necessary action. (Kurier Szczecinski [Szczecin], June 9, 1981)Judging by most indexes of modernization, Joseph Stalin's long cherished dream of the socialist East overtaking the capitalist West remains unfulfilled. Ironically, however, the states of Eastern Europe may be close to preeminence in one unwelcome area: environmental pollution. Atmospheric emissions of sulfur dioxide in Czechoslovakia and Poland reportedly approximate similar emissions in France and the Federal Republic of Germany. Many waterways in Yugoslavia are said to be “polluted beyond all domestic, European, and world standards,” and in East Germany and Romania less than 20 percent of the main water-courses are sufficiently pure to provide potable water. The Slovak capital of Bratislava allegedly possesses the “worst environment among our own and other European cities,” while Western experts consider air pollution levels in Sarajevo, Yugoslavia to be among the highest in the world.
Science Fiction and Fantasy: A Prelude to the Literature of Glasnost
Authors: Peterson Nadya 
Published: April 2006

When Chingiz Aitmatov's Plakha first appeared in Novyi mir in 1986 many readers here were astounded at the uncanny ability of this established author to ride the wave of the future. This sensational novel, with its stark portrayal of the drug trade, exploitation of the environment, and social alienation in the Soviet Union, was seen by many as the ultimate expression of newfound creative freedoms under Mikhail Gorbachev. For all its seeming novelty, however, Aitmatov's venture into the area of exposé literature has not been an isolated incident. Plakha is only one of a number of recent Soviet novels that focus exclusively on the ills of contemporary Soviet society.The appearance of exposé literature under glasnost could be viewed simply as a direct effect of the loosening of controls under Gorbachev. Its emergence at this time, however, is actually the result of a whole complex of factors, only one political. Soviet literature has already dealt with such issues as the environment, impending nuclear catastrophe, and a disappearing national memory. These issues, in fact, form the thematic core of the trend of fantastic literature that immediately preceded glasnost and ushered in fundamental changes in Soviet literary discourse. This article is an attempt to examine four Soviet novels that appeared before the era of glasnost. My purpose is to elucidate the nature of the changes occurring in Soviet literature in the mid-1970s and early 1980s and the contribution of this literature to glasnost.
Who Rules Šiauliai? A Case Study of an Emerging Urban Regime
Authors: Clark Terry D. 
Published: April 2006

Since the collapse of communism, much scholarship has examined the efforts by the countries of east central Europe and the former Soviet Union to develop democratic regimes. The majority of such studies have focused on institutional development and the problems of democratic transition at the national level. Although this focus is not at all surprising given the highly centralized political structures that have been the legacy of the communist past, the efficacy, indeed the ultimate success or failure of democratization, may well rest largely on the ability of local government to satisfy citizen demands. Local government is most directly involved in delivering the goods and services that affect people’s daily lives. Hence, citizens often form their judgments of political systems based on the performance of local government. To the degree that democracy depends on the loyalty of the citizenry, local government is important to the survival of democracy.Who rules is the central question posed by scholars studying local government. This issue lies at the heart of democracy. While it is nowhere the case that citizens rule directly, in a democracy their preferences must have some effect on public policy.
Love, Friendship, and Poetic Voice in Aleksandr Pushkin's Lycée Elegies
Authors: Morgan James L. 
Published: April 2006

–A. S. Pushkin, Evgenii Onegin, 2:xIn his Materialy dlia biografii A. S. Pushkina, Pavel Annenkov first formulated what is now a critical commonplace: that Aleksandr Pushkin's 1816 elegies marked a turning point in the young poet's work, the rapid first steps toward poetic maturity and individuality.
Criminal law—Italian constitutional law—European Convention on the Transfer of Sentenced Persons—agreement regarding confinement of a transferred prisoner—effect and constitutionality of such an agreement
Authors: Oxman Bernard H. , Ciampi Annalisa 
Published: April 2006

Baraldini (March 28, 2001), at <http://www.cortecostituzionale.it>.Corte costituzionale (Constitutional Court of Italy), March 22, 2001.Following breast cancer surgery in a Rome hospital, Silvia Baraldini—an Italian national who had been transferred from the United States to Italy for the purpose of serving the remainder of her prison sentence in Italy—requested her release from prison while she received radiation treatments or chemotherapy. By order of November 24, 2000, the Tribunale di sorveglianza (Supervisory Court) of Rome for the District of Lazio, on its own motion, brought a challenge of constitutionality against the Italian statute (Transfer Implementation Law) implementing the 1983 Council of Europe Convention on the Transfer of Sentenced Persons (Strasbourg Convention).
Francesco Zambeccari and a Musical Friend
Authors: Miller Clement A. 
Published: April 2006

Our knowledge of the life of Francesco Zambeccari, the noted translator and fabricator of the letters of Libanius, is sketchy at best, and the course of his later years is shrouded in mystery. In 1474 he is known to have taught Greek and Latin literature in Perugia, and in the following year to have obtained a position with King Ferdinand I of Naples.But when Zambeccari left Perugia, probably in April 1475, he went to Rome and not to Naples, for Ferdinand had already come to Rome to take part in the celebration of the seventh jubilee year of that city. While in Rome Zambeccari worked on his translations of the Libanian letters and consulted with Johannes Argyropoulos concerning them. Here every trace of Zambeccari ends. It is not known whether he ever went to Naples; Foerster's investigations of the archives at Naples and of contemporary letters of prominent Neapolitans have produced only negative results.