bluuebunny/crossref_metadata_2025_split huggingface dataset:
Conclusions
Authors: Shany Yuval 
Published: January 2009

Abstract
This concluding chapter presents the main thesis expounded in the book, i.e., that the increased interaction between national and international laws and institutions warrants the rethinking of traditional notions concerning the jurisdictional relations between national and international courts. Specifically, it argues that judges in national and international courts are faced with a number of policy choices relating to jurisdiction-regulation: e.g., how to conceptualize the jurisdictional relations between national and international courts, how to ascertain similarity in the proceedings, and whether to aspire for an integrative or disintegrative approach in dispute settlements. Unlike specific jurisdiction-regulating norms, whose application to national and international proceedings is mired up in doctrinal uncertainty and may be too rigid in nature, broad principles, such as judicial comity and abuse of right, appear to offer a suitable legal framework within which the aforementioned policy considerations can be applied.
2 Receiving Gifts in Ecumenical Dialogue
Authors: O'Gara Margaret 
Published: January 2009

Abstract
Ecumenical dialogue allows the churches to receive the gifts they need, but it also demands a readiness for such reception. This chapter considers receiving gifts in ecumenical dialogue in four steps: ecumenical gift exchange as reception; different ways of exchanging gifts; gifts offered but not received; and ecumenical partners and reception.
4 Becoming Catholic Persons and Learning to Be a Catholic People
Authors: Sheldrake Philip 
Published: January 2009

Abstract
This chapter argues that Catholic Learning and Receptive Ecumenism are more than purely ecclesiological concepts. Catholicity does not concern merely a certain style, distinct from other competing Christian forms. Catholic Learning does not simply refer to what (Roman) Catholicism might learn with integrity from other traditions. It suggests that ‘ being Catholic’ is something learned progressively and that we are to resist the siren voices both of premature certainty and of purification by processes of exclusion. It also suggests that there is a distinctively Catholic way of learning that is, by definition, integrated and that counteracts the separation of the intellectual from the practical and theology from spirituality — the conduct of a Christian life.
10 A Methodist Perspective on Catholic Learning
Authors: Chapman David M. 
Published: January 2009

Abstract
This chapter affirms Pope John Paul II's description of ecumenical dialogue as involving ‘an exchange of gifts’ in order to identify a number of characteristic ecclesial endowments present in Methodism which Catholics might fruitfully receive in the process of Receptive Ecumenism. Methodism claims no special gifts, beyond those ordinarily bestowed on the church by the Holy Spirit for the sake of its mission, but has been raised up by God to spread scriptural holiness. Arising out of its historic mission and fruitfulness, Methodism has various ecclesial endowments to offer Catholics in any mutual exchange of gifts. These are considered here under six headings: Corporate Christianity (the nature of Christian community); Watching Over One Another in Love (discipline); Connexionalism and Christian Conference; The Contribution of Laypeople; The Call to Holiness; and The Means of Grace.
17 Receptive Ecumenical Learning and Episcopal Accountability Within Contemporary Roman Catholicism—Canonical Considerations
Authors: Connolly Patrick 
Published: January 2009

Abstract
This chapter examines the extent and limitations of the resources that exist within the 1983 Code of Canon Law of the Latin Catholic Church for addressing one particular perceived area of weakness in the internal governance of the Roman Catholic Church, namely: episcopal accountability, as this has come under scrutiny in the light of the sexual abuse scandals in the English-speaking world. The ensuing crisis has given these matters a new and compelling relevance as it becomes obvious that such weaknesses have practical implications and significant consequences for the church's credible preaching of the Good News in a sceptical world. The concern here is to explore how in this specific regard the gap that can open up between the high rhetoric of Roman Catholic self-understanding and the actual reality of practice and structure might be narrowed.
20 Jerusalem, Athens, and Zurich—Psychoanalytic Perspectives on Factors Inhibiting Receptive Ecumenism
Authors: Smyth, OP Geraldine 
Published: January 2009

Abstract
This chapter examines the relationship between the challenge of Receptive Ecumenism and psychoanalytic dynamics relating to the loss and reconfiguration of identity. The chapter begins with two brief opening sections respectively indicating the relevance of psychoanalytic factors to matters of faith and introducing some methodological considerations. It then focuses on issues relating to the loss of meaning and the loss of identity before considering the character of ecclesial identity. These last three sections are organized in relation to the cardinal virtues of faith, hope, and love, respectively.
Substance Causation, Persons, and Free Will
Authors: Lowe E. J. 
Published: January 2009

AbstractThis chapter more fully explains why all causation is fundamentally substance causation — that is, causation by ‘individual substances’, or persisting, concrete objects — rather than causation by events. It is then explained how the versions of substance dualism in the philosophy of mind and libertarianism in the philosophy of action that are defended in the book can be very naturally accommodated within a view of the physical world which takes seriously the fundamental status of substance causation.
Rational Selves and Freedom of Action
Authors: Lowe E. J. 
Published: January 2009

AbstractThis chapter develops an externalist account of reasons for action in more detail against familiar objections raised against such accounts by internalists and advocates of event-causal theories of intentional action. A libertarian substance-causal approach to the problem of free will is defended in depth against the charges that it reduces free actions to mere chance events and provides no intelligible account of agential control. Finally, it is argued that we are rationally committed to the truth of a libertarian account of rational free action.
Towards Integration of United Nations Human Rights Treaty Body Recommendations: The Rights-Based Approach Model
Authors: O'Flaherty Michael 
Published: January 2009

Abstract
The seven principal United Nations-sponsored human rights treaties stipulate that states parties submit periodic reports to the respective treaty monitoring bodies on their implementation of the treaty obligations. Following a report review, the treaty body in question issues a set of ‘Concluding Observations’ containing its collective assessment of the state's record and recommendations for enhanced implementation of the rights in question. This chapter analyzes the weaknesses of the current system of uncoordinated recommendations between the seven UN treaty bodies, and highlights the need for integration of the recommendations. Failure to do so could give rise to ‘clashes of approach’ and cases of ‘inconsistent or contradictory recommendations’. Integration of the approaches of the treaty bodies based on a human rights-based approach can enhance the structure and fulfilment of the obligations under the main human rights treaties, including the ICESCR, as well as the work of the respective Committees, including the ESCR Committee.
The African Commission on Human and Peoples' Rights and the Implementation of Economic, Social, and Cultural Rights in Africa
Authors: Baderin Mashood A. 
Published: January 2009

Abstract
This chapter examines the implementation of economic, social, and cultural rights (ESC rights) under the African human rights system through a critical evaluation of the activities of the African Commission on Human and Peoples' Rights (the Commission). It highlights possible ways of enhancing the realization of the economic, social, and cultural rights guaranteed under the African Charter on Human and Peoples' Rights (ACHPR). It argues that the jurisprudence of the African Commission on ESC rights ‘boldly establishes the justiciability of ESC rights and thereby challenges the outdated notion of the non-justiciability of ESC rights’. However, there can be further improvement to ensure the full and practical realization of the ESC rights under the African regional human rights system.
A Human Rights-Based Approach to Health Indicators
Authors: Hunt Paul , MacNaughton Gillian 
Published: January 2009

Abstract
In 1993, the World Conference on Human Rights urged the examination of ‘a system of indicators to measure progress in the realization [of ESC rights]’ because the use of specific human rights indicators gives clarity to the level of compliance by states and so could prevent ‘recalcitrant States’ using the International Covenant on Economic, Social and Cultural Rights (ICESCR) obligation of progressive realization as an ‘escape hatch’. This chapter examines this important issue with reference to the right to health. It shows that indicators play an important role in measuring and monitoring the progressive realization of the right to health. The application of the human rights-based approach to health indicators to the Reproductive Health Strategy endorsed by the World Health Assembly in May 2004 is discussed.
Culture, Cultures, and Cultural Rights
Authors: McGoldrick Dominic 
Published: January 2009

Abstract
This chapter considers the challenges of dealing with culture and cultures, as well as the ideas and substance of cultural rights, especially article 15 of the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR) — the core binding provision on cultural rights in the international human rights system. It examines the two new recent international texts relevant to cultural rights: General Comment 17 of the International Committee on Economic, Social and Cultural Rights (the Committee on ESC Rights), adopted in 2005; and the United Nations Economic, Social and Cultural Organization (UNESCO) Convention on the Protection and Promotion of the Diversity of Cultural Expressions, also adopted in 2005. Finally, it offers some concluding reflections and suggests that there may be signs of a renaissance for culture and cultural rights.
Locus Standi of Individuals under Article 230(4): The Return of Euridice?
Authors: Tridimas Takis , Poli Sara 
Published: January 2009

Abstract
Sir Francis Jacobs has been one of the most influential Advocates General in the history of the Court of Justice. He became a member of the Court in October 1988 and served until October 2005, thus being the second longest-serving Advocate General and one of the longest-serving members of the Court. This chapter examines his contribution on locus standi of individuals under Article 230(4). The contribution of Jacobs AG in this area of law can be traced primarily by reference to his opinions in Extramet, UPA, and, more recently, ARE. The chapter focuses on his opinion in UPA and the resulting trialogue among Jacobs AG, the CFI and the ECJ as it unravelled in UPA and subsequent case law.
The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?
Authors: White Robin CA 
Published: January 2009

Abstract
This chapter focuses on the relationship between the Strasbourg Court and the European Court of Justice. Specifically, it addresses the question of whether mutual respect between the two Courts is enough to secure guarantees for the protection of human rights in the European Union. It is argued that it is sufficient in the current state of development of the protection of human rights by international organizations, but nevertheless leaves a human rights deficit. This refers to areas where there is no judicial supervision of compliance with human rights obligations.
Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services
Authors: Biondi Andrea 
Published: January 2009

Abstract
This chapter focuses on the possible boundaries of Article 49 EC Treaty, and attempts to delineate what is ‘outside’ more than on what is ‘inside’. Particular attention will be devoted to the ‘self-restraint’ and ‘legislative’ generations, where the parallels with the law on free movement of goods seem to provide for some contradictory results.
Dual-use Goods: (Mis)Understanding Werner and Leifer
Authors: Dashwood Alan 
Published: January 2009

Abstract
This chapter argues that the current dual-use regime, based entirely on a Community regulation, is technically defective. It has limited practical importance since, apart from the addition of New Zealand, the only changes to the list of ‘good guys’ in Annex II relate to countries that have now joined the EU. However, the ramifications of the misunderstanding of the cases of Werner, Leifer, and Centro-Com in litigation and in the academic literature, extend far more widely.
The Effect of EU Law on the Italian Courts
Authors: Tesauro Giuseppe 
Published: January 2009

Abstract
This chapter examines the impact of EU law on the Italian legal system. Topics discussed include the relationship between Community law and domestic law, and substantive and procedural law. It is argued that dialogue with the ordinary judge, who usually interprets and applies Community law, is enriched by the preliminary ruling mechanism, which builds on the synergy between the Community judge and the national judge to create the very richness of the Community legal system and the fundamental reason for its success.
On the Law of Peace
Authors: Bell Christine 
Published: January 2009

AbstractThis book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. At its heart, the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements. First, to the extent that peace agreements themselves form legal documents, law plays a role in the ‘enforcement’ or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International law regulates self-determination, transitional justice, and the role of third parties. The book documents and analyses these two roles of law, revealing a complex and dynamic relationship between them. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker — or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This lex pacificatoria potentially forms part of a broader ‘law of peace’ that moves beyond the traditional concept of the law of peace as merely ‘the rest of international law’ once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to this ‘new law’ which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutionalism.
The Contemporary Peace Agreement
Authors: Bell Christine 
Published: January 2009

AbstractThis chapter sets out a common substance to contemporary framework peace agreements. The centre-piece of peace agreements is the provision they make for the holding and exercising of political power. Peace agreements across conflicts evidence strikingly similar arrangements and devices for accommodating the competing demands of the conflict's protagonists. An analytical conceptualization of the common peace agreement framework with respect to how power is to be held and exercised, is provided. In general terms, peace agreements attempt conflict resolution by (i) redefining the state; (ii) disaggregating power; and (iii) dislocating power. The chapter illustrates the analytical framework with reference to a varied range of conflict types rather boldly suggesting that virtually all peace agreements reaching the framework stage — and many more proposals for resolution — exhibit this common framework, completely or in substantial part.
The Difficulties of Legal Classification
Authors: Bell Christine 
Published: January 2009

AbstractThis chapter deals further with the technical difficulties of legal classification, and begins to demonstrate how a simple choice between a law and a nonlaw form of agreement does not exist in the peace agreement context. Rather, opting for legal form for peace agreements in intrastate conflict involves sacrificing a correlation between the parties to the written agreement and the parties to the underlying ‘agreement’. The chapter analyses whether the difficulty of finding a legal form for peace agreements matters to their implementation, or is a purely academic matter.
Constitutionalizing Conflict
Authors: Bell Christine 
Published: January 2009

AbstractThis chapter demonstrates how peace agreement solutions cannot be understood as a common set of conflict resolution techniques, but must be understood as a distinctive form of constitutionalism. Peace agreements are classically constitutions, with similarities to other forms of constitution and exhibiting their classic dilemmas. However, peace agreements are also distinctive in exhibiting and resolving constitutional law's classic dilemmas in peculiar ways. The distinctiveness of peace agreement constitutionalism is argued to lie in their conceptual hybridity as between international and domestic law, process and substance, and representative and participative democracy.
The New Law of Transitional Justice
Authors: Bell Christine 
Published: January 2009

AbstractThis chapter examines the second area in which the lex pacificatoria has re-shaped international law: transitional justice. This new law is argued to derive from the attempt to negotiate pragmatic solutions to the question of accountability for conflict atrocities which will enable the ‘constitutional fix’ to hold, and the need to be able to articulate these pragmatic solutions as complying with international legal standards for accountability. In particular, the new law has derived from an attempt to apply the normative constraints of human rights and humanitarian law to peace agreement amnesties. The interface between local peace agreement practice and international law can again be argued to have given substantive content to the lex pacificatoria or law of the peacemaker, producing a ‘new law’ of transitional justice.
Persons and Minds
Authors: Farkas Katalin 
Published: January 2009

AbstractOur list of mental features is the same as the Cartesian list, and rather different from, say, the Aristotelian list of psychological powers. The present proposal is not committed to dualism about mind and body, but it does imply a certain duality about our nature: there is something in our nature that we share with the rest of the created world, and there is something that is distinctively human. The latter aspect is described here by saying that we are persons. The suggestion is that a person is a creature who has the kind of mind we have. Here lies the significance of the Cartesian conception of the mind: it offers us a list of mental phenomena which is put together on a principled basis; and it is the possession of these attributes that provides the criteria for personhood.
Reputation and the History of Defamation
Authors: McNamara Lawrence 
Published: January 2009

AbstractHistories of defamation regularly observe that the common law is riddled with anomalies and its development exhibits little doctrinal coherence. To escape the strictures of this traditional doctrinal analysis and with a view to garnering richer insights, the history of defamation law is analysed through the prism of reputation. This chapter explains the extent to which reputation was protected — and not protected — in jurisdictions where defamation laws predated the common law action. Section I explains the methodology used to cast light on the relationships between law and reputation. Section II examines those relationships in the local courts, the ecclesiastical courts, and under the scandalum magnatum statutes. This and the following chapters show that the conceptual and doctrinal dimensions of the common law cannot be fully understood without a grasp of the relationships between defamation and reputation in the jurisdictions that preceded it.
The Development of the Common Law Actions
Authors: McNamara Lawrence 
Published: January 2009

AbstractThis chapter explains how and why the common law approached the actionability of words as it did. At first, only certain forms of words were actionable and these were neither connected nor underpinned by any clear conceptual or doctrinal rationale. Later, influenced by the Star Chamber's criminal libel laws, the action for written defamation became more broadly based and was founded upon a generalized principle that made damage to reputation actionable. This shift marked the birth of modern defamation law because it sat within the intellectual framework of Enlightenment philosophy and science. In the 19th century treatises, there is a new claim that the common law protected reputation and there are attempts to derive general statements of legal principle from the disparate body of cases. These developments were to have a profound influence on the shape of the modern common law and its relationship to the protection of reputation.
Ethical Recognition, Moral Diversity, and ‘The Right-thinking Person’
Authors: McNamara Lawrence 
Published: January 2009

AbstractThe meaning of ‘the right-thinking person’ has in recent years become less clear and highly contested. This chapter examines how, if at all, ‘the right-thinking person’ should form a part of the current law of defamation. Cases concerning imputations that a white person is African-American illustrate how ethical recognition has functioned in the context of moral diversity and reveal a shift in the content of ‘the right-thinking person’. Cases about imputations of homosexuality help explain that shift, showing changes in the approaches to ethical recognition and the refusal of ethical recognition. Liberal and communitarian scholarship is revisited to propose a modest shift in the presumptions associated with the views of ‘the right-thinking person’ in order to build a more coherent, transparent, and principled approach to the determination of actionability and the legal protection of reputation. The theoretical and practical dimensions of this are combined through a series of sample judgments to show how the proposal can be operationalised by the courts.
Roots
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter examines the use of procurement linkages as part of national industry policy. It considers its use by government to achieve certain more narrowly social policy functions, in particular to foster the creation of jobs to relieve unemployment, to promote fair labour conditions, and to promote the increased utilization of the disabled in employment. The chapter proceeds as follows. Part I discusses the use of procurement to promote various differing aspects of national industrial policy: protecting national industry against foreign competition, the promotion and restriction of the use of prison labour, improving the competitiveness of certain industrial sectors, remedying regional disparities, and serving as an instrument of general economic policy. Part II focuses on the use of public works to create employment. Part III discusses public procurement and labour relations. Part IV examines the link between disability and procurement.