bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Emerging Right to Democratic Governance
Authors: Franck Thomas M. 
Published: April 2006

Legitimacy in 1991 flows not from the barrel of a gun but from the will of the people.U.S. Secretary of State James A. Baker IIII know what real democracy is, what democracy is worth.A thirty-seven-year-old Soviet lieutenant colonel who early on sided with anticoup forcesMore than two centuries have elapsed since the signatories of the U.S. Declara^ tion of Independence sought to manifest two radical propositions. The first is that governments, instituted to secure the “unalienable rights” of their citizens, derive “their just powers from the consent of the governed.” We may call this the “democratic entitlement.” The second proposition, perhaps less noted by commentators, is that a nation earns “separate and equal station” in the community of states by demonstrating “a decent respect to the opinions of mankind.” The authors of the Declaration apparently believed that the legitimacy of the new Confederation of American States was not made evident solely by the transfer of power from Britain but also needed to be acknowledged by “mankind.” This we may perceive as a prescient glimpse of the legitimating power of the community of nations.
Ad Hoc Chambers of the International Court of Justice
Authors: Schwebel Stephen M. 
Published: April 2006

The International Court of Justice formed its first Chamber for dealing with
a particular case in 1982; its second, in 1985; and, in 1987, its third and fourth
ad hoc Chambers. This article examines what appears
to be an accelerating trend toward recourse to ad hoc
Chambers in the light of the provisions of the Statute and Rules of the Court and
of its pertinent practice to date. The discussion seeks to elucidate four
principal questions:
•What is the
subject matter that such a Chamber may properly dispose
of?•Must
such a Chamber be representative of the main forms of civilization and of
the principal legal systems of the
world?•How
many judges shall constitute an ad hoc
Chamber?•Shall
the parties to the case have a voice in determining the composition of
the Chamber as well as in the number of judges constituting
it?
Finally, this article appraises the record and potential of recourse to
Chambers for dealing with a particular case.
European Union—accession of the Community to the European Convention on Human Rights— competence of the Community under Article 235 of the Treaty Establishing the European Community—need to amend the Treaty
Authors: Bello Judith Hippler , Kokott Juliane , Hoffmeister Frank 
Published: April 2006

Opinion 2/94, Accession of the Community to the European Convention for the Protection of Human Rights and Fundamental Freedoms. 17 Hum. Rts. L.J. 51 (1996).European Court of Justice, March 28, 1996.On April 26, 1995, die Council of the European Union requested an opinion on whether accession of the European Community to the European Convention on Human Rights (ECHR) was compatible with the Treaty Establishing the European Community (Treaty). In its request, the Council of the European Union stated that no decision on opening negotiations could be taken before the Court pronounced on die compatibility of accession with the Treaty. The Council argued that, even though a text of the envisaged agreement did not yet exist, the legal issues regarding accession were sufficientiy clear for the Court to provide an advisory opinion. The Council made clear that accession should not have any effect on the reservations entered by member states, which would “continue to apply in the areas falling within national jurisdiction.” It also explained that the “Community would agree to submit to the machinery for individual petitions and inter-State applications; actions between the Community and its Member States would, however, have to be excluded in recognition of the monopoly conferred in such matters by Art. 219 of the EC Treaty on the Court of Justice.”
WTO Dispute Settlement Body—Article XX environmental exceptions to GATT—national treatment—consistency urith GATT of U.S. rules regarding imports of reformulated gasoline
Authors: Bello Judith Hippler , Shenk Maury D. 
Published: April 2006

United States—Standards for Reformulated and Conventional Gasoline. 35ILM 603 (1996).World Trade Organization Appellate Body, April 29, 1996.In United States—Standards for Reformulated and Conventional Gasoline (Gasoline), the Appellate Body of the World Trade Organization Dispute Settlement Body in its first decision addressed one of the most difficult contemporary issues in international trade— the tension between the growth of international trade and the protection of the global environment. The Appellate Body decided that rules regarding standards for cleanliness of gasoline (Gasoline Rule) adopted under the Clean Air Act by the U.S. Environmental Protection Agency (EPA), which required importers of gasoline to meet different standards from those required of domestic refiners, were not justifiable restrictions on trade under the environmental exceptions of Article XX of GATT 1994 (GATT).
Clan and Superclan: Loyalty, Identity and Community in Law and Practice
Authors: Franck Thomas M. 
Published: April 2006

There are many countries in our blood, aren’t there, but only one person. Would the world be in the mess it is if we were loyal to love and not to countries?—Graham Greene, Our Man in HavanaIn Bosnia, the vaunted ideal—a multivariegated state of Muslims, Orthodox Serbs and Catholic Croats living in a tolerant civil society—has virtually been extinguished by a torrent of blood and tears. In Belgium, itself a less than two-hundred-year-old product of Catholic rebellion against Orange-Protestant Holland, the Flemish Catholics of Flanders have all but parted ways with the French Catholics of Walloonia, leaving an ethnically stressed Brussels paradoxically ensconced as capital of a “United Europe.” What is going on here, or in Somalia, Slovakia, Quebec and Kazakhstan?
“Dream at Sea”: Tiutchev and Pascal
Authors: Gregg Richard A. 
Published: April 2006

Sometime in the decade between 1826 and 1836 Tiutchev wrote a poem entitled “Son na more” (“Dream at Sea”). A literal English translation would read as follows:Both the sea and the storm rocked our skiff; Sleepy, I was abandoned to the full caprice of the waves. The two infinities were within me, And willfully they played with me. Around me, like cymbals, resounded the cliffs. The winds replied, and the waves sang. I flew deafened in a chaos of sounds. But above the chaos of sounds my dream was swiftly borne. Sickly bright, magically mute, It blew lightly over the sounding darkness. In the rays of my fever it unfolded its world: The earth shone green, the ether grew bright, Labyrinthine gardens, palaces, columns, And myriads of silent crowds seethed. I recognized many faces unfamiliar to me. I saw magic creatures, mysterious birds. Across the peaks of creation I strode like a god, And under me the world shone motionless. But through all the dreams, like the wail of a magician, I heard the roar of the ocean's abyss, And into the quiet domain of visions and dreams Burst the foam of the roaring waves.
Most-Favored Nation Treatment in Trade Under Central Planning
Authors: Hewett Edward A. 
Published: April 2006

All economic systems have ways in which they determine how much their total trade with the world will be, what commodities will make up that total, and the destinations and sources of those commodities (the geographic composition of exports and imports). In Western economies, which rely heavily on markets, the values of these variables summarize the outcome of a myriad of private decisions, with some influence of governments primarily through tariffs and quotas. In Eastern economies, which rely heavily on central planning, the government itself through its planners directly determines the value of those same variables.The concept of Most-Favored Nation (MFN) treatment evolved as a mechanism by which governments in market economies could agree mutually to limit interference in private decisions on trade, with the expected consequence being an increase in trade and welfare. When two market economy governments agree to accord MFN treatment to each other's commodities, it means (in its simplest form) that tariffs applied in each country to commodities imported from the other country shall be no higher than the lowest tariffs charged on imports of those commodities from any destination.
The Urban Theme in Recent Soviet Russian Prose: Notes Toward a Typology
Authors: Gibian George 
Published: April 2006

Late in Doctor Zhivago, after its lyrical nature descriptions and idyllic back-to-the-earth retreats in rural Varykino, we run into the following startling passage:These notes were found later among his [Zhivago's] papers: “When I came back to Moscow in 1922 I found it deserted and half destroyed. So it has come out of the ordeals of the first years after the revolution: so it remains to this day. Its population has decreased, no new houses are being built, and the old ones are left in disrepair.But even in this condition it is still a big modern [sovremennyi] city, and cities are the only source of inspiration for a new, truly modern art.The seemingly incongruous and arbitrary jumble of things and ideas in the work of the Symbolists (Blok, Verhaeren, Whitman) is not a stylistic caprice. This is a new order of impressions taken directly from life. Just as they hurry their succession of images through the lines of their poems, so the street in a busy town hurries past us, with its crowds and its carriages at the end of the last century, or its streetcars and subways at the beginning of ours. Pastoral simplicity does not exist in these conditions. Its pseudoartlessness is a literary fraud, an unnatural mannerism, a bookish phenomenon, not inspired by the countryside but taken from the shelves of academic archives.
Catherine II and the Image of Peter I
Authors: Rasmussen Karen 
Published: April 2006

In 1770 Etienne Falconet notified Empress Catherine II that he preferred to carve only a brief inscription on the base of his monument to Peter the Great: Petro Primo/Catharina Secunda. The empress did not object, and when the statue was finally unveiled in 1782 it bore the sculptor's lapidary phrase on its gigantic granite foundation. Catherine is presumed to have relished the equation which the motto implied, that Peter had been Russia's first great modern ruler while she, although not descended from him, was the second. In the context of whatever it might mean to be an enlightened autocrat, it is often assumed that Catherine both represented and understood herself as Peter's only true heir, the continuer and completer of what he had begun.But some of Catherine's friends, writing what they knew would please her, said differently. After observing, not altogether tongue in cheek, that brevity was a virtue which inscription writers should cultivate, Melchior Grimm suggested that the motto's appeal might be further enhanced by removing the numbers and leaving just two words, “Petro/Catharina,” a move which would also have dispensed with the pecking order which the numbers implied. And from the edge of Switzerland, Voltaire sent greetings in 1774 to his favorite Petersburg correspondent: “Meanwhile, Madam, allow me to kiss the statue of Peter the Great and the hem of the dress of Catherine the Greater.”
Nezval's Amazing Magician: A Czech Shamanist Epic
Authors: French Alfred 
Published: April 2006

From the labyrinth of literary revaluations to which modern Czech literature has been subjected, the work of the gifted but unpredictable lyric poet Vítězslav Nezval (1900-1958) has emerged relatively unscathed. His literary career was a bewildering trail of shifting allegiances and paradoxical novelties —from Expressionist infantilism to elegant sophistication, from Dadaist anti-art to obsequious socialist realism: an anarchist in his youth, a surrealist in middle age, he ended as a laureate of the Czechoslovak Communist Establishment.At the age of twenty Nezval came to Prague for university studies. Always a loner, he led a solitary life in the big city. His early poems are full of nostalgia for his Moravian home and lost childhood, sometimes recalled with more than a touch of childish nightmare. Prague in the early twenties was a place of tumbling pedestals and mushrooming social manifestoes: the newly silenced guns and the freshly inaugurated state seemed to be an earnest of a new start, and the end of a world discredited.
The Rise and Decline of Official Marxist Historiography in Poland, 1945–1983
Authors: Valkenier Elizabeth Kridl 
Published: April 2006

In Poland the writing and teaching of history is not merely an academic discipline. In times of adversity history has served as an affirmation of national values. It is therefore not at all surprising that in the fall of 1980, when the movement for free association swept the country from Gdańsk, the liberation of history and historians from political constraints became an integral part of the efforts for renovation. For some thirty-five years the recasting and rewriting of Polish history had been central to the process of imposing and legitimizing Communist rule. Reform of the system in 1980 required, among other things, a coming to grips with the mendacious political mythology the system had spawned in striving to create the appropriate historical antecedents for a People's Poland.The story of Polish historiography since 1945 demonstrates the tenacity of cultural patterns and habits of mind that have made it impossible to impose an interpretation alien to the national sense of identity and a methodology at odds with the canons of objective scholarship. And the regime failed to reshape the traditional interpretations despite the seemingly overwhelming advantages it enjoyed in terms of power, institutions, and funds.
1944-1953: Ivan Bunin and the Time of Troubles in Russian Émigré Literature
Authors: Bethea David M. 
Published: April 2006

“I will certainly stipulate in my will that my letters never be published.”Ivan BuninThe phenomenon called the “First Wave” of Russian emigre literature made its appearance in the West under unique circumstances. Disoriented and defensive, this distinguished group of cultural and literary figures had to start over, straight from the throes of the October Revolution. Émigré literature never became a “movement” in the way Symbolism was. It had too much variety, too many factions, and too few consistent platforms to fit into any “ism.” But what it did share, and what, in the absence of a viable Soviet literature, gave it a certain birthright and moral authority, was the political fact of exile. Reworked and refined in a multitude of literary permutations, the theme of exile was the émigré writer's idée fixe, always hovering at the edge of consciousness. This fact needs stressing from the outset because rarely in the course of world literature has there been so vivid an example of extraliterary causality on such a scale. And since the “birth” and “death” of the First Wave coincide neatly with events outside it, namely the Revolution and World War II, perhaps something like a biological metaphor for this phenomenon would be, in terms of literary history, not merely decorative or iconographic but bizarrely realized. The fate of Russian émigré literature between the wars suggests, in almost Spenglerian terms, that something as large and diverse as a national literature can have a life and death. One aim of this study is to show how the politics that gave the First Wave life were, mutatis mutandis, the politics that led to its eventual demise. After briefly establishing a context, I will turn to the years immediately following World War II and to the case of Ivan Bunin, a writer who was known, ironically, for his fastidious avoidance of politics. My central thesis is that the postwar years were marked by controversy and that a leading figure in this controversy was Bunin.
The Guinea Pigs by Ludvík Vaculík: Codes, Metaphors, and Compositional Devices
Authors: Volek Bronislava 
Published: April 2006

In this article I propose to undertake a semiotic analysis of a novel by a contemporary Czech underground writer, Ludvík Vaculík's Morčata (The Guinea Pigs). A semiotic reading of the relation between the semantic and formal levels of the text is particularly rewarding because this novel combines features of several genres ranging from children's literature to the realistic novel and the surrealistic novel. This study is intended as a contribution to the analysis of the multileveled novel in general.The Guinea Pigs is a unique modern blend reminiscent of the Latin American current of magic realism that we find in the works of Alejo Carpentier and Gabriel García Marquez. It is a highly experimental novel in which the author has reached the peak of his literary efforts thus far and includes himself in the tradition of the absurd, showing traces of dadaism and elements of surrealism and continuing the introspective existentialist line of Dostoevskii and Kafka, refreshed with a light touch of humor and an unpretentiously naive point of view reminiscent of Hašek's Good Soldier Švejk.
Mandel'shtam's Farewell to Marina Tsvetaeva: “Ne veria voskresen'ia chudu”
Authors: Vitins Ieva 
Published: April 2006

… tak znai zhe: tvoi Dmitrii
Davno pogib, zaryt — i ne voskresnet.A. S. Pushkin, Boris Godunov“Ne veria voskresen'ia chudu” is the last of the three poems that Osip Mandel'shtam addressed to Marina Tsvetaeva. The poets had met briefly in Koktebel' in the summer of 1915; they were reintroduced that December in Petrograd, and soon after Mandel'shtam made the first of several visits to Tsvetaeva in Moscow. He responded to her gift of the city, “Iz ruk moikh — nerukotvornyi grad/ Primi, moi strannyi, moi prekrasnyi brat” and to the affection of her “Otkuda takaia nezhnost'” with “V raznogolositse devicheskogo khora,” a celebration of his companion against the wondrously integrated Russo-Italian backdrop of the old capital. But in his next poem to her, “Na rozval'niakh ulozhennykh solomoi,” a sinister note is heard that relates their friendship to a darker side of Moscow's past, to Tsvetaeva's identification with Marina Mnishek and to his own confused identity at her side.
Of Crime, Utopia, and Repressive Complements: The Further Adventures of the Ridiculous Man
Authors: Naiman Eric 
Published: April 2006

"Therefore," I said, somewhat bewildered, "we would have to eat again from the Tree of Knowledge in order to return to the state of innocence?""Quite right," he answered. "And that's the last chapter in the history of the world."Heinrich von Kleist, "On the Marionette Theatre"On the morning of 11 May 1876, a young seamstress pushed her stepdaughter out the window of their Petersburg apartment. The apparent reason for this attempted infanticide (miraculously, the child survived her four-story plunge) was Ekaterina Kornilova's anger at her husband and jealousy of his deceased first wife. The case would seem undistinguished in its sordidness were it not for Fedor Dostoevskii's adoption of the affair as a cause celebre. Although he originally attacked Kornilova's defenders, Dostoevskii later defended her as well when he learned that Kornilova had been pregnant at the time of the attempted murder.
Akhmatova's “Song of the Motherland”: Rereading the Opening Texts of Rekviem
Authors: Amert Susan 
Published: April 2006

Pokoinyi Alig'eri sozdal by desiatyi krug ada.Anna AkhmatovaHostias et preces tibi,Domine, laudis offerimus:tu suscipe pro animabus illis,quarum hodie memoriam facimus:fac eas, Domine, de mortetransire ad vitam.the requiem massAnna Akhmatova's Rekviem is a deceptively simple piece. Compared to the opacity and self-conscious literariness of Poema bez geroia, Rekviem seems transparent, much like Akhmatova's early lyrics, and appears to demand little in the way of commentary or elucidation.1 Its very form and scope, however, as well as the dates of its composition (1935-1961), identify it as a product of the "later Akhmatova"–the Akhmatova who resumed writing in the mid-1930s after a decade of relative poetic inactivity, the Akhmatova who created Poema bez geroia.
Blok’s Nechaiannaia Radosť
Authors: White Duffield 
Published: April 2006

Andrei Belyi, in Nachalo veka, recalls walks that he took with Aleksandr Blok through the back streets of Petersburg during the weeks that followed Bloody Sunday in January 1905. These walks reminded Belyi of the poems that Blok was writing at the same time and that he published in Nechaiannaia radosť in 1906.
Sometimes he would glance across at me, get up, come over to where I was sitting, and say, “Come on; I’ll show you the back streets.” He would then lead me from the Barracks along a winding back street full of people making their way wearily to and from factories. Occasionally we caught a glimpse of an exhausted prostitute; bright lights shown from cheap eating places; and he took it all in. Later I was to recognize this landscape of back streets in Nechaiannaia radosť.Slender, his face flushed, in his fur coat and fur cap, he would look around at the gleams of glass, the workers with heavy loads, the police vans. . . .Then he would stop me, take in the whole street at a glance, and say: “It’s a wretched life, very sad. They, the Merezhkovskiis don’t notice.”
Synthetic Nationality: Mandel'shtam and Chaadaev
Authors: Cavanagh Clare 
Published: April 2006

“A world that is your own must be created for you since the one you inhabit has become foreign to you.”Petr Chaadaev, “Second Philosophical Letter”In "The Whisper of History and the Noise of Time in the Writings of Osip Mandel'shtam" Gregory Freidin writes that "only a cultural orphan growing up in the revolutionary years could possess such an insatiable need for a continuous construction of a gigantic vision of culture meant to compensate for the impossibility of belonging to a single place." Freidin's richly suggestive remark hints at both the nature of and the reasons for Mandel'shtam's "orphandom," and the means by which he sought to surmount or circumvent his pervasive homelessness and achieve a "homeland, a house, a hearth" in culture.
From Incompetence to Satire: Voinovich's Image of Stalin as Castrated Leader of the Soviet Union in 1941
Authors: Rancour-Laferriere Daniel 
Published: April 2006

The narrator of Vladimir Voinovich's Zhizn’ i neobychainye prikliucheniia soldata Ivana Chonkina: roman-anekdot v piati chastiakh tells us on the first page that the events he is going to describe took place during the period from late May to early June 1941. For the knowledgeable reader, this information means something terrible is about to happen: On 22 June Adolf Hitler's forces invaded the Soviet Union, starting what was to be one of the most devastating wars in human history. Yet Voinovich's novel is hilariously funny. How does Voinovich do it?To answer this question adequately, a comprehensive theory of humor would have to be applied to both Chonkin and its sequel, Pretendent na prestol: novye prikliucheniia soldata Ivana Chonkina. I will not attempt such a large task here, but I can undertake a more modest enterprise. I believe it is possible to explain why certain crucial passages in Voinovich's narratipn about the onset of the Great Fatherland War can actually provoke laughter. These passages concern the Father of Peoples himself, the Soviet dictator, Stalin.