Where General International Law Meets International Humanitarian Law: Attribution of Conduct and the Classification of Armed Conflicts
In: Forthcoming in 23:3 Journal of Conflict & Security Law (2018)
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In: Forthcoming in 23:3 Journal of Conflict & Security Law (2018)
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In: East/West: journal of Ukrainian Studies, Band 4, Heft 2, S. 113
ISSN: 2292-7956
In 1863, the Russian imperial government decreed restrictions on book publishing in Ukrainian. The restrictions were then revised and were endorsed on several later occasions. They banned nonfiction literature directed at common people, children's literature, and translations from Russian. The restrictions were in force until the all-Russian revolution in 1905, although they were formally repealed only in 1907. This article discusses the books the censors authorized for publication despite the fact that their publication violated the restrictions on Ukrainian publishing. In the years 1863-1904, 125 such books were published in all. Most of them appeared during three periods: 1874-76, 1882-83 and 1896-1904. In the first period, most books were permitted by a corrupt censor in Kyiv who received bribes from the local Hromada, a Ukrainian society. In the second period, minor concessions to Ukrainian publishers were deemed politically expedient. In the third period, the censors took the general usefulness of the book into account; if they deemed the book useful, they permitted it even though its publication violated the restrictions. Ukrainian activists used these opportunities because they facilitated popular enlightenment in the Ukrainian national spirit through book publishing.
In: The Slavonic and East European review: SEER, Band 95, Heft 4, S. 691
ISSN: 2222-4327
In: Max Planck MPILux Working Paper 8 (2017)
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Working paper
In: American Based Research Journal, February 2017
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In: Hypatia: a journal of feminist philosophy, Band 32, Heft 2, S. 428-438
ISSN: 1527-2001
Is moral theory alienating? This question, and the worries that lie behind it, motivate much of Lori Gruen's distinctive approach to animal ethics in Entangled Empathy. According to Gruen, the "traditional" methods of moral theory rely on abstractions that strip away the details that give our lives meaning. Although I am deeply sympathetic to these worries, as well as to the alternative ethics Gruen proposes in response to them, in this article I express a few reservations about the argument Gruen uses to motivate her worries and to establish her solution. First, I raise some questions about her conception of "traditional" moral theory and the possible historical figures she means to indict. I then suggest that the principal gear of her argument—her conception of "entangled empathy"—suffers from some inconsistency in application, which risks leading her to posit a thicker notion of empathy than she should want. In particular, her argument risks setting a standard of correctness for "successful" empathy that is implausible on its own terms, but that is also a standard of correctness with morally and politically questionable implications in the human context.
In: SociologieS: revue scientifique internationale
ISSN: 1992-2655
In: http://hdl.handle.net/1885/95448
Increasing numbers of people are travelling from Australia and other countries to Iraq and Syria to fight along side jihadi and rebel groups such as ISIS. The governments of Australia and other countries are concerned that foreign fighters will return to their home country and carry out terror attacks, or radicalize and inspire others to carry out attacks or become foreign fighters. This has prompted the introducing and passing of legislation which give governments the power to strip individuals of their citizenship as a means to prevent the return of citizens fighting in foreign wars. The Australian Parliament has passed legislation – named Allegiance to Australia - which provides for a dual citizens to have their Australian citizenship revoked if they engage in terrorist-related activity. Similar legislation is being introduced in Canada titled Strengthening Canadian Citizenship, and has been present and practiced in the UK for a number of years with a recent amendment: 2014 Immigration Act. The Bills in Australia and the UK allow for citizenship to be revoked without a court conviction. Grounds for revocation may also extend to allegation or suspicion of being involved in terrorism overseas. Legislation to revoke citizenship has had a mixed response among different stakeholders. Legal experts have charged that the laws do not comply with domestic or constitutional law. Human rights groups have alleged that the bill violates international conventions and denies justice to individuals such as the right to presumption of innocence. Others raise practical concerns, such as the sufficiency of information required prior to revoking citizenship. The lack of adequate guards against statelessness is also a concern for some parties. The legislation appears popular among the public in Australia but controversial in Canada. Allegiance to Australia has received cross-party political support, where as Canada's main opposition party have pledged to revoke Strengthening Canadian Citizenship. There a few risks for political parties in continuing to support the legislation in Australia as it enjoys near-universal support. However the Australian policy community should be aware of the potential for further policy which punishes individuals based on suspicion of misconduct, and where the decision to issue punishment does not take place in a court, but based on interpretable information.
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In: International arbitration law library volume 38
"While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process. This book rectifies this paradoxical gap. If offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI, etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany). This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions --Back cover
In: Columbia Law Review, Band 117, Heft 1
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In: Matatu, Band 48, Heft 1, S. 145-160
ISSN: 1875-7421
In J.M. Coetzee's novel Disgrace (1999), David Lurie, an embodiment of the unrepentant Afrikaner, his predatory masculinist ways recalling the overbearing and highhanded culture of the apartheid era, is shown as both perpetrator and victim. His daughter Lucy transcends her victim status; carrying in her the post-rape seed of the multiracial entity birthed by the post-apartheid arrangement, she is, unlike her father, prepared to make concessions and undertake the compromise and accommodation that are essential in the new South Africa. By the end of the novel, however, Lurie, too, has, at least on the personal level and in his caring for animals, learned the virtue of humility. Central motifs in Disgrace are linked to those in other novels such as Elizabeth Costello and in the metatextual The Lives of Animals. However, Coetzee, in his exploration of ethics and morality, is richly ambiguous, as is his approach to the porous divides between fiction, metafiction, faction, and autobiography. The essay closes with an examination of the various inflections characterizing Coetzee's retreat from public testimony into autobiography, as a way in which to deal with the nature of the society he has now left in moving to Australia.
In: Revue française de socio-économie: Rfse, Band Hors-série, Heft 2, S. IV-IV
In: Politiques et management public: PMP, Band 32, Heft 1, S. 63-77
ISSN: 0758-1726, 2119-4831
International audience ; Quelles relations entre le surréalisme anglais et la poésie de Dylan Thomas? Une comparaison entre l'écriture de Dylan Thomas lors de sa collaboration aux débuts du mouvement surréaliste anglais et l'écriture et l'action de David Gascoyne, le « passeur » du surréalisme en Angleterre, nous permettra de répondre, en décrivant une complicité qui n'aura duré que quelques mois. Oui, Dylan Thomas a été un compagnon de route éphémère du surréalisme mais pour qui les exigences, en particulier politiques, du surréalisme, ne coïncidèrent pas avec ses tourments les plus profonds.
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International audience ; Quelles relations entre le surréalisme anglais et la poésie de Dylan Thomas? Une comparaison entre l'écriture de Dylan Thomas lors de sa collaboration aux débuts du mouvement surréaliste anglais et l'écriture et l'action de David Gascoyne, le « passeur » du surréalisme en Angleterre, nous permettra de répondre, en décrivant une complicité qui n'aura duré que quelques mois. Oui, Dylan Thomas a été un compagnon de route éphémère du surréalisme mais pour qui les exigences, en particulier politiques, du surréalisme, ne coïncidèrent pas avec ses tourments les plus profonds.
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