Donna Yarri
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780195181791
- eISBN:
- 9780199835744
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195181794.003.0008
- Subject:
- Religion, Religion and Society
The ultimate goal in animal experimentation is not necessarily to eliminate all experiments, but rather to establish a benign ethic for its practice. An interim ethic is described, which includes ...
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The ultimate goal in animal experimentation is not necessarily to eliminate all experiments, but rather to establish a benign ethic for its practice. An interim ethic is described, which includes changes in current animal legislation, specifically with regard to the Animal Welfare Act. Paying attention to animal husbandry conditions and utilizing preference tests can go a long way in establishing a more humane practice of animal experimentation. Finally, the idea of pet keeping is offered as a model for treating experimental animals much as we would pets. The result would be a movement away from simply an instrumental and often harmful use of animals, to one which is based on the intrinsic value of animals.Less
The ultimate goal in animal experimentation is not necessarily to eliminate all experiments, but rather to establish a benign ethic for its practice. An interim ethic is described, which includes changes in current animal legislation, specifically with regard to the Animal Welfare Act. Paying attention to animal husbandry conditions and utilizing preference tests can go a long way in establishing a more humane practice of animal experimentation. Finally, the idea of pet keeping is offered as a model for treating experimental animals much as we would pets. The result would be a movement away from simply an instrumental and often harmful use of animals, to one which is based on the intrinsic value of animals.
Oisín Tansey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199561032
- eISBN:
- 9780191721496
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561032.003.0005
- Subject:
- Political Science, Comparative Politics, Democratization
Kosovo came under international administration in 1999 by a UN civilian mission, the United Nations Interim Administration Mission in Kosovo (UNMIK). This chapter explores the ways in which the UNMIK ...
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Kosovo came under international administration in 1999 by a UN civilian mission, the United Nations Interim Administration Mission in Kosovo (UNMIK). This chapter explores the ways in which the UNMIK mission has played a critical role in promoting and shaping democratization in Kosovo, and identifies the mechanisms of influence used by the international mission in a range of political arenas. It demonstrates that the mode of transition in Kosovo has entailed a combination of a joint international and domestic pact on the democratic project, as international and domestic actors have frequently worked together to guide political development. However, while UNMIK has worked closely with local actors on the political transition, it has also regularly felt the need to rely both on the use of conditionality and, at times, the imposition of political decisions against the wishes of domestic actors. Overshadowing all developments in Kosovo has been its complicated status issue, which continues to present obstacles to democratic consolidation.Less
Kosovo came under international administration in 1999 by a UN civilian mission, the United Nations Interim Administration Mission in Kosovo (UNMIK). This chapter explores the ways in which the UNMIK mission has played a critical role in promoting and shaping democratization in Kosovo, and identifies the mechanisms of influence used by the international mission in a range of political arenas. It demonstrates that the mode of transition in Kosovo has entailed a combination of a joint international and domestic pact on the democratic project, as international and domestic actors have frequently worked together to guide political development. However, while UNMIK has worked closely with local actors on the political transition, it has also regularly felt the need to rely both on the use of conditionality and, at times, the imposition of political decisions against the wishes of domestic actors. Overshadowing all developments in Kosovo has been its complicated status issue, which continues to present obstacles to democratic consolidation.
Patrick Dattalo
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195378351
- eISBN:
- 9780199864645
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378351.003.0002
- Subject:
- Social Work, Research and Evaluation
This chapter begins with a discussion of external validity and sampling bias. Next, the rationale and limitations of RS as a way to maximize external validity and minimize sampling bias are ...
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This chapter begins with a discussion of external validity and sampling bias. Next, the rationale and limitations of RS as a way to maximize external validity and minimize sampling bias are presented. Then, the following alternatives and supplements to RS will be presented in terms of their assumptions, implementations, strengths, and weaknesses: (1) deliberate sampling for diversity and typicalness; and (2) sequential sampling. Deliberate sampling for diversity and typicalness and sequential sampling are methodological alternatives for RS.Less
This chapter begins with a discussion of external validity and sampling bias. Next, the rationale and limitations of RS as a way to maximize external validity and minimize sampling bias are presented. Then, the following alternatives and supplements to RS will be presented in terms of their assumptions, implementations, strengths, and weaknesses: (1) deliberate sampling for diversity and typicalness; and (2) sequential sampling. Deliberate sampling for diversity and typicalness and sequential sampling are methodological alternatives for RS.
Toshimasa Yasukata
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195144949
- eISBN:
- 9780199834891
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195144945.003.0006
- Subject:
- Religion, Philosophy of Religion
Elucidates Lessing's ideal of humanity, the ideal that finds poetic and literary expression in Nathan the Wise. The parable of the three rings, the starting point for the plot that stands at the ...
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Elucidates Lessing's ideal of humanity, the ideal that finds poetic and literary expression in Nathan the Wise. The parable of the three rings, the starting point for the plot that stands at the center of the entire work, offers a clue to Lessing's religious idea of humanity. We construe this famous parable as implying not only Lessing's attitude toward positive religions but also his view as to the meaning of the truth claim of a historical religion in this “interim” between the beginning and the end of history. It is observed that Lessing's idea of humanity as illustrated by this drama and by the parable in particular, is suffused with deep piety and a noble wisdom free of prejudice. The essence of Nathan's reason as illustrated in Act 4, Scene 7 suggests that the essential core of Lessingian reason is formed by a “believing reason” or “hearkening reason” which, fully aware of its own limitations, opens itself to the decrees of the reason‐transcending deity.Less
Elucidates Lessing's ideal of humanity, the ideal that finds poetic and literary expression in Nathan the Wise. The parable of the three rings, the starting point for the plot that stands at the center of the entire work, offers a clue to Lessing's religious idea of humanity. We construe this famous parable as implying not only Lessing's attitude toward positive religions but also his view as to the meaning of the truth claim of a historical religion in this “interim” between the beginning and the end of history. It is observed that Lessing's idea of humanity as illustrated by this drama and by the parable in particular, is suffused with deep piety and a noble wisdom free of prejudice. The essence of Nathan's reason as illustrated in Act 4, Scene 7 suggests that the essential core of Lessingian reason is formed by a “believing reason” or “hearkening reason” which, fully aware of its own limitations, opens itself to the decrees of the reason‐transcending deity.
Bruce Gordon
- Published in print:
- 2010
- Published Online:
- January 2012
- ISBN:
- 9780197264683
- eISBN:
- 9780191734878
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264683.003.0001
- Subject:
- History, British and Irish Medieval History
This chapter provides a complex narrative of biblical translation in Protestant scholarship. It draws attention to Protestant efforts to produce a universal Latin translation as an intermediary ...
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This chapter provides a complex narrative of biblical translation in Protestant scholarship. It draws attention to Protestant efforts to produce a universal Latin translation as an intermediary between the original languages of Scripture and the vernacular. Despite the tendency to associate Protestantism with personal reading of Scripture, the multiple levels involved in biblical interpretation complicate any straightforward relationship between reformation, text, and individual reader. The Latin Bible translation also held the potential of unifying Protestants by becoming the basis of all vernacular translations. The attempt to harmonise Protestant theology through a single Latin translation, however, ultimately exposed deep divisions in Protestant biblical scholarship. The chapter also notes that Archbishop Cranmer not only extended hospitality to continental scholars fleeing from the restoration of Catholic worship under the Augsburg Interim, but solicited their work on the Latin Bible translation and laboured to bridge divisions between them.Less
This chapter provides a complex narrative of biblical translation in Protestant scholarship. It draws attention to Protestant efforts to produce a universal Latin translation as an intermediary between the original languages of Scripture and the vernacular. Despite the tendency to associate Protestantism with personal reading of Scripture, the multiple levels involved in biblical interpretation complicate any straightforward relationship between reformation, text, and individual reader. The Latin Bible translation also held the potential of unifying Protestants by becoming the basis of all vernacular translations. The attempt to harmonise Protestant theology through a single Latin translation, however, ultimately exposed deep divisions in Protestant biblical scholarship. The chapter also notes that Archbishop Cranmer not only extended hospitality to continental scholars fleeing from the restoration of Catholic worship under the Augsburg Interim, but solicited their work on the Latin Bible translation and laboured to bridge divisions between them.
David C. Steinmetz
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195130485
- eISBN:
- 9780199869008
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195130480.003.0009
- Subject:
- Religion, History of Christianity
Andreas Osiander was one of the leading figures in the establishment of the Lutheran Reformation in the city of Nuremberg, though he left during the Leipzig Interim to move first to Breslau and ...
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Andreas Osiander was one of the leading figures in the establishment of the Lutheran Reformation in the city of Nuremberg, though he left during the Leipzig Interim to move first to Breslau and finally to Königsberg in East Prussia. He is best known for his attack on Melanchthon's understanding of forensic justification and his acceptance of a supralapsarian Christology. Justification rested in Osiander's view on union with Christ and the actual transformation of the believer that occurs through such a union.Less
Andreas Osiander was one of the leading figures in the establishment of the Lutheran Reformation in the city of Nuremberg, though he left during the Leipzig Interim to move first to Breslau and finally to Königsberg in East Prussia. He is best known for his attack on Melanchthon's understanding of forensic justification and his acceptance of a supralapsarian Christology. Justification rested in Osiander's view on union with Christ and the actual transformation of the believer that occurs through such a union.
Magdalena Forowicz
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199592678
- eISBN:
- 9780191595646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592678.003.0003
- Subject:
- Law, Human Rights and Immigration
The case law and Statute of the International Court of Justice have filled important gaps in the Court's case law. They have also constituted important milestones in the Court's interpretation and ...
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The case law and Statute of the International Court of Justice have filled important gaps in the Court's case law. They have also constituted important milestones in the Court's interpretation and development of ECHR. Overall, the ECtHR has treated them as authoritative sources of inspiration and it has rarely disagreed with the ICJ's findings. A survey of the case law reveals that there is no general and coherent approach underpinning the Court's references. Being rather irregular, these references have acquired great importance as a result of the individual developments that they introduced. This chapter discusses a number of these important adaptations introduced in number of areas, including interim measures, the opposability of reservations, and the primacy of the UN Charter.Less
The case law and Statute of the International Court of Justice have filled important gaps in the Court's case law. They have also constituted important milestones in the Court's interpretation and development of ECHR. Overall, the ECtHR has treated them as authoritative sources of inspiration and it has rarely disagreed with the ICJ's findings. A survey of the case law reveals that there is no general and coherent approach underpinning the Court's references. Being rather irregular, these references have acquired great importance as a result of the individual developments that they introduced. This chapter discusses a number of these important adaptations introduced in number of areas, including interim measures, the opposability of reservations, and the primacy of the UN Charter.
Myoung-Jae Lee
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199267699
- eISBN:
- 9780191603044
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267693.003.0007
- Subject:
- Economics and Finance, Econometrics
This chapter generalizes binary treatments to multiple treatments, which can occur at a given time. Multiple treatments can occur over time, as well at each given time point having a binary ...
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This chapter generalizes binary treatments to multiple treatments, which can occur at a given time. Multiple treatments can occur over time, as well at each given time point having a binary treatment. The latter aspect leads to dynamic treatment effect, which is an important and evolving area of research. When a binary treatment is given consecutively over time, its duration can be handled as a single ‘cross-section’ cardinal treatment if the covariates are time-constant. Otherwise, if some covariates are time-variant, a ‘hazard-based’ causal framework may be used. The most difficult case in dynamic treatment effect arises when interim responses that are controlled for are affected by the earlier treatments, and affect future treatments; the ‘G algorithm’ is introduced for this case.Less
This chapter generalizes binary treatments to multiple treatments, which can occur at a given time. Multiple treatments can occur over time, as well at each given time point having a binary treatment. The latter aspect leads to dynamic treatment effect, which is an important and evolving area of research. When a binary treatment is given consecutively over time, its duration can be handled as a single ‘cross-section’ cardinal treatment if the covariates are time-constant. Otherwise, if some covariates are time-variant, a ‘hazard-based’ causal framework may be used. The most difficult case in dynamic treatment effect arises when interim responses that are controlled for are affected by the earlier treatments, and affect future treatments; the ‘G algorithm’ is introduced for this case.
Marc Weller
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199566167
- eISBN:
- 9780191705373
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566167.003.0008
- Subject:
- Law, Public International Law
This chapter covers the Rambouillet conference, a unique example of ‘enforced negotiation’. On 29 January 1999, the Contact Group issued its summons to the parties to negotiate, backed by a North ...
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This chapter covers the Rambouillet conference, a unique example of ‘enforced negotiation’. On 29 January 1999, the Contact Group issued its summons to the parties to negotiate, backed by a North Atlantic Council (NAC) threat to use force to ensure compliance. Legitimacy for such action was arguably enshrined in the doctrines of forcible or preventative humanitarian action. The negotiations themselves built upon the Contact Group ‘non-negotiable principles’, which resembled Belgrade's earlier 11-point framework. It is argued that this rendered the respective negotiating positions of the two parties unequal, and other such structural inequalities are also noted, e.g., international emphasis on territorial integrity and sovereignty, and Russia's role as a ‘committed’ FRY negotiator. The chapter then narrates the complex dynamics of the negotiations, deconstructing in detail the provisions of the resulting Interim Agreement for Peace and Self-Government in Kosovo, due to be signed at a follow-on conference in March.Less
This chapter covers the Rambouillet conference, a unique example of ‘enforced negotiation’. On 29 January 1999, the Contact Group issued its summons to the parties to negotiate, backed by a North Atlantic Council (NAC) threat to use force to ensure compliance. Legitimacy for such action was arguably enshrined in the doctrines of forcible or preventative humanitarian action. The negotiations themselves built upon the Contact Group ‘non-negotiable principles’, which resembled Belgrade's earlier 11-point framework. It is argued that this rendered the respective negotiating positions of the two parties unequal, and other such structural inequalities are also noted, e.g., international emphasis on territorial integrity and sovereignty, and Russia's role as a ‘committed’ FRY negotiator. The chapter then narrates the complex dynamics of the negotiations, deconstructing in detail the provisions of the resulting Interim Agreement for Peace and Self-Government in Kosovo, due to be signed at a follow-on conference in March.
Samuel Walker
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780195078206
- eISBN:
- 9780199854202
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195078206.003.0006
- Subject:
- History, American History: 20th Century
The conclusions presented in this chapter represent an interim report on the control of discretion in criminal justice. The chapter argues that the movement to control discretion, although minute, ...
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The conclusions presented in this chapter represent an interim report on the control of discretion in criminal justice. The chapter argues that the movement to control discretion, although minute, has enjoyed several important successes. There is far more control over discretion than ever before. The chapter begins by exploring the accomplishments made, most importantly, the recognition of the problem of discretion. The chapter also stipulates how controlling discretion can advance social policy goals, even if not all goals are equally attainable. Further, the four decision points examined previously ultimately prove that discretion can be controlled. Several limits of discretion control are enumerated in this chapter as well. Finally, the future of discretion control movement is examined. Several different strategies are suggested in the study of the subject that calls for a more comprehensive approach on the topic.Less
The conclusions presented in this chapter represent an interim report on the control of discretion in criminal justice. The chapter argues that the movement to control discretion, although minute, has enjoyed several important successes. There is far more control over discretion than ever before. The chapter begins by exploring the accomplishments made, most importantly, the recognition of the problem of discretion. The chapter also stipulates how controlling discretion can advance social policy goals, even if not all goals are equally attainable. Further, the four decision points examined previously ultimately prove that discretion can be controlled. Several limits of discretion control are enumerated in this chapter as well. Finally, the future of discretion control movement is examined. Several different strategies are suggested in the study of the subject that calls for a more comprehensive approach on the topic.
Terry Gourvish
- Published in print:
- 2008
- Published Online:
- October 2011
- ISBN:
- 9780199236602
- eISBN:
- 9780191696701
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199236602.003.0006
- Subject:
- Business and Management, Business History
This chapter begins by discussing the efforts to take Railtrack out of administration. It then talks about the creation of the Network Rail as well as its Board. It also presents a review of the ...
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This chapter begins by discussing the efforts to take Railtrack out of administration. It then talks about the creation of the Network Rail as well as its Board. It also presents a review of the escalation of infrastructure costs and the Regulator's interim access charges in 2003. Subsequently, it discusses the enhancement projects and railway investments made by the SRA.Less
This chapter begins by discussing the efforts to take Railtrack out of administration. It then talks about the creation of the Network Rail as well as its Board. It also presents a review of the escalation of infrastructure costs and the Regulator's interim access charges in 2003. Subsequently, it discusses the enhancement projects and railway investments made by the SRA.
Neophytos Loizides
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804794084
- eISBN:
- 9780804796330
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804794084.003.0005
- Subject:
- Political Science, International Relations and Politics
Chapter 5 takes a different direction to the rest of the book by considering positive transformation in protracted conflicts. Theoretically informative cases of peace transformation are those which ...
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Chapter 5 takes a different direction to the rest of the book by considering positive transformation in protracted conflicts. Theoretically informative cases of peace transformation are those which initially demonstrated high levels of entrenched ethnocentric framing, majority nationalist mobilization and human rights violations yet actors have nonetheless managed to catalyze a process of transformation. The chapter focuses on four examples of partial transformation in the Eastern Mediterranean region namely the Macedonian name dispute (i.e. the 1995 Interim Agreement), the 1999-earthquake diplomacy between Greece and Turkey; the ‘democratic opening’ of the AKP government in Turkey and finally successful confidence building measures in Cyprus. It argues that intelligently designed and mediated institutional frameworks could neutralize the impact of ethnonationalist frames or co-exist with them in a stable symbiotic relationship, allowing ethnic communities to adapt narratives at their own pace and in their preferred direction as the peace process evolves.Less
Chapter 5 takes a different direction to the rest of the book by considering positive transformation in protracted conflicts. Theoretically informative cases of peace transformation are those which initially demonstrated high levels of entrenched ethnocentric framing, majority nationalist mobilization and human rights violations yet actors have nonetheless managed to catalyze a process of transformation. The chapter focuses on four examples of partial transformation in the Eastern Mediterranean region namely the Macedonian name dispute (i.e. the 1995 Interim Agreement), the 1999-earthquake diplomacy between Greece and Turkey; the ‘democratic opening’ of the AKP government in Turkey and finally successful confidence building measures in Cyprus. It argues that intelligently designed and mediated institutional frameworks could neutralize the impact of ethnonationalist frames or co-exist with them in a stable symbiotic relationship, allowing ethnic communities to adapt narratives at their own pace and in their preferred direction as the peace process evolves.
Chester Brown
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199206506
- eISBN:
- 9780191709708
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206506.003.0005
- Subject:
- Law, Public International Law
This chapter examines the power of international courts to grant provisional measures and analyses whether there is an emerging common practice. It first describes the purpose of provisional measures ...
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This chapter examines the power of international courts to grant provisional measures and analyses whether there is an emerging common practice. It first describes the purpose of provisional measures in international adjudication. It then considers the source of the power to grant provisional measures. Many international courts have an express power in their constitutive instruments, but several international courts have exercised the power as an inherent power. The chapter then examines the features common in the exercise of the power by a range of international courts — consideration of the question of jurisdiction over the merits of the dispute; the circumstances relevant to the granting of provisional measures; and the binding quality of provisional measures. Finally, the chapter considers the power of international courts to grant provisional measures ultra petita and proprio motu. It concludes that there is substantial commonality in the practice of international courts concerning provisional measures.Less
This chapter examines the power of international courts to grant provisional measures and analyses whether there is an emerging common practice. It first describes the purpose of provisional measures in international adjudication. It then considers the source of the power to grant provisional measures. Many international courts have an express power in their constitutive instruments, but several international courts have exercised the power as an inherent power. The chapter then examines the features common in the exercise of the power by a range of international courts — consideration of the question of jurisdiction over the merits of the dispute; the circumstances relevant to the granting of provisional measures; and the binding quality of provisional measures. Finally, the chapter considers the power of international courts to grant provisional measures ultra petita and proprio motu. It concludes that there is substantial commonality in the practice of international courts concerning provisional measures.
Christine Bell
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199226832
- eISBN:
- 9780191710261
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226832.003.0014
- Subject:
- Law, Public International Law
The third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different ...
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The third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different functions: enforcing the deal, mediating its development, and administering the transitional regime. This chapter argues that third party peace agreement implementation faces a lack of fit with traditional notions of when and how international law authorises third party involvement in intrastate conflict, and when and how it provides for third party accountability vis-à-vis local populations. As with previous chapters and the other branches of the ‘new law’, this lack of fit has driven innovation that is reshaping the governing international law. This is a story of norm-production as lack fit forces a renarration of how the law must be reinterpreted so as to apply post agreement.Less
The third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different functions: enforcing the deal, mediating its development, and administering the transitional regime. This chapter argues that third party peace agreement implementation faces a lack of fit with traditional notions of when and how international law authorises third party involvement in intrastate conflict, and when and how it provides for third party accountability vis-à-vis local populations. As with previous chapters and the other branches of the ‘new law’, this lack of fit has driven innovation that is reshaping the governing international law. This is a story of norm-production as lack fit forces a renarration of how the law must be reinterpreted so as to apply post agreement.
Mary Ellen O'Connell
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195368949
- eISBN:
- 9780199871100
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368949.003.0009
- Subject:
- Law, Public International Law
Law enforcement in national legal systems is subject to court supervision. That is increasingly the case in the international legal system with the proliferation of courts and tribunals. This is a ...
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Law enforcement in national legal systems is subject to court supervision. That is increasingly the case in the international legal system with the proliferation of courts and tribunals. This is a welcome development though it brings with it the need for more sophisticated process theory — as to the interrelation of courts. In addition to supervising enforcement, some international courts have scope to enforce their decisions; all have the inherent authority to enforce interim orders. In the case of the International Court of Justice, the Security Council was given specific authority to aid in enforcement, but that is far from the only means. Indeed, when Americans were ordered to be released from unlawful detention in Iran in 1980, many states in the world employed economic sanctions to aid in the enforcement of that order.Less
Law enforcement in national legal systems is subject to court supervision. That is increasingly the case in the international legal system with the proliferation of courts and tribunals. This is a welcome development though it brings with it the need for more sophisticated process theory — as to the interrelation of courts. In addition to supervising enforcement, some international courts have scope to enforce their decisions; all have the inherent authority to enforce interim orders. In the case of the International Court of Justice, the Security Council was given specific authority to aid in enforcement, but that is far from the only means. Indeed, when Americans were ordered to be released from unlawful detention in Iran in 1980, many states in the world employed economic sanctions to aid in the enforcement of that order.
Donald L. Horowitz
- Published in print:
- 2021
- Published Online:
- January 2022
- ISBN:
- 9780300254365
- eISBN:
- 9780300258097
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300254365.003.0003
- Subject:
- Political Science, Political Theory
Crisis is a common starting condition as constitutional processes get under way. This often propels decision makers to adopt short deadlines for completion of the process, whereas it is preferable to ...
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Crisis is a common starting condition as constitutional processes get under way. This often propels decision makers to adopt short deadlines for completion of the process, whereas it is preferable to find ways to calm the crisis. If a civil war is in progress, the constitutional process may be conflated with a peace process. This chapter explains why these courses of action are undesirable. It goes on to discuss the use of a preliminary process to plan the constitutional process, in order to build understanding, or producing an interim constitution to serve as a framework within which to create the permanent constitution. The chapter describes some methods of overcoming initial disagreements, but it acknowledges that starting conditions are so various that a detailed formula is impossible to specify.Less
Crisis is a common starting condition as constitutional processes get under way. This often propels decision makers to adopt short deadlines for completion of the process, whereas it is preferable to find ways to calm the crisis. If a civil war is in progress, the constitutional process may be conflated with a peace process. This chapter explains why these courses of action are undesirable. It goes on to discuss the use of a preliminary process to plan the constitutional process, in order to build understanding, or producing an interim constitution to serve as a framework within which to create the permanent constitution. The chapter describes some methods of overcoming initial disagreements, but it acknowledges that starting conditions are so various that a detailed formula is impossible to specify.
Hans-Jürgen Ahrens
- Published in print:
- 2018
- Published Online:
- March 2021
- ISBN:
- 9780198755463
- eISBN:
- 9780191927706
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198755463.003.0347
- Subject:
- Law, Intellectual Property, IT, and Media Law
Pursuant to Rule 176 UPCARoP, an application must be made in order for a witness to be heard by the Court. However, the Court may also order of its own motion that a witness is heard (Rule 177.1). ...
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Pursuant to Rule 176 UPCARoP, an application must be made in order for a witness to be heard by the Court. However, the Court may also order of its own motion that a witness is heard (Rule 177.1). With respect to the parties’ right to determine the supporting evidence for their case (Art 43 UPCA), a hearing ordered by the Court of its own motion nevertheless at least requires that the witness is designated by a party and a hearing of that witness is offered. Such an offer can be made irrespective of a formal application for the hearing of a witness in accordance with Rule 176.
Less
Pursuant to Rule 176 UPCARoP, an application must be made in order for a witness to be heard by the Court. However, the Court may also order of its own motion that a witness is heard (Rule 177.1). With respect to the parties’ right to determine the supporting evidence for their case (Art 43 UPCA), a hearing ordered by the Court of its own motion nevertheless at least requires that the witness is designated by a party and a hearing of that witness is offered. Such an offer can be made irrespective of a formal application for the hearing of a witness in accordance with Rule 176.
Markus Kuczera
- Published in print:
- 2018
- Published Online:
- March 2021
- ISBN:
- 9780198755463
- eISBN:
- 9780191927706
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198755463.003.0285
- Subject:
- Law, Intellectual Property, IT, and Media Law
During the interim procedure, the judge-rapporteur shall invite the claimant to indicate whether he wishes that an oral hearing be convened. The judge-rapporteur may convene an oral hearing at his ...
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During the interim procedure, the judge-rapporteur shall invite the claimant to indicate whether he wishes that an oral hearing be convened. The judge-rapporteur may convene an oral hearing at his own instance.
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During the interim procedure, the judge-rapporteur shall invite the claimant to indicate whether he wishes that an oral hearing be convened. The judge-rapporteur may convene an oral hearing at his own instance.
Stuart Sime
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780199576883
- eISBN:
- 9780191702228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576883.003.0013
- Subject:
- Law, Constitutional and Administrative Law
Interim applications provide the means for getting before a procedural judge to obtain orders preserving the position until trial and for adjustments to the timetable laid down by the Civil Procedure ...
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Interim applications provide the means for getting before a procedural judge to obtain orders preserving the position until trial and for adjustments to the timetable laid down by the Civil Procedure Rules (CPR) and case management directions. Applications cover a wide range of orders, and raise an even wider range of issues. This chapter considers the fact finding process in interim hearings, how lawyers attack the other side's evidence, and the different approaches taken by the courts in dealing with such conflicts on different types of application. In particular, the chapter considers differences between issues which will also fall for decision at trial and those which only arise on interim applications, the different standards of proof demanded in different contexts, and whether a coherent set of principles emerges from the authorities.Less
Interim applications provide the means for getting before a procedural judge to obtain orders preserving the position until trial and for adjustments to the timetable laid down by the Civil Procedure Rules (CPR) and case management directions. Applications cover a wide range of orders, and raise an even wider range of issues. This chapter considers the fact finding process in interim hearings, how lawyers attack the other side's evidence, and the different approaches taken by the courts in dealing with such conflicts on different types of application. In particular, the chapter considers differences between issues which will also fall for decision at trial and those which only arise on interim applications, the different standards of proof demanded in different contexts, and whether a coherent set of principles emerges from the authorities.
Kenneth McK. Norrie
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9781474444170
- eISBN:
- 9781474490740
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474444170.003.0010
- Subject:
- Law, Legal History
This chapter explores two separate but related issues: the development of the rules for emergency protection of children, and the development of the rules that allow interim measures to be taken. ...
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This chapter explores two separate but related issues: the development of the rules for emergency protection of children, and the development of the rules that allow interim measures to be taken. With emergency protection, the chapter examines the creation and changing criteria for “place of safety warrants”, and then analyses the problems with these warrants, brought to public attention in the Orkney Child Abuse Case, which led to the Clyde Report of 1992 and the replacement of place of safety warrants with child protection orders. Interim measures have been available since the earliest child protection legislation, and the structure of the process to be followed has changed very little since 1889 to the present day, though the measures available on an interim basis have changed from warrants to interim compulsory supervision orders. The chapter ends with an examination of the definition through the years of “place of safety”.Less
This chapter explores two separate but related issues: the development of the rules for emergency protection of children, and the development of the rules that allow interim measures to be taken. With emergency protection, the chapter examines the creation and changing criteria for “place of safety warrants”, and then analyses the problems with these warrants, brought to public attention in the Orkney Child Abuse Case, which led to the Clyde Report of 1992 and the replacement of place of safety warrants with child protection orders. Interim measures have been available since the earliest child protection legislation, and the structure of the process to be followed has changed very little since 1889 to the present day, though the measures available on an interim basis have changed from warrants to interim compulsory supervision orders. The chapter ends with an examination of the definition through the years of “place of safety”.
