Unilateral declarations excluding bilateral relations under a multilateral treaty

Author(s):  
Giorgio Gaja

Abstract Bilateral relations between states which are parties to a multilateral treaty may not be governed by that treaty. This may depend on an agreement between the two states concerned, which could subject their bilateral relations to a different regime that is considered to suit their specific needs better. The exclusion of bilateral relations under the multilateral treaty may also be the consequence of a unilateral expression of the will of one of these states, for instance in view of its non-recognition of the other state. The present article seeks to examine the conditions under which bilateral relations may be excluded on the basis of the unilateral determination of one of the states concerned.

1983 ◽  
Vol 19 (3) ◽  
pp. 361-373 ◽  
Author(s):  
M. Jamie Ferreira

The last thirty years have seen a number of major contributions to the philosophical discussion of the possibility and character of an ‘ethics of belief’. In so far as the concern was focused on the problem of what constitutes ‘sufficient’ or ‘insufficient evidence’, the question of the ‘ethics of belief’ has turned into the current philosophical preoccupation with the question of the character of ‘rationality’ and the possibility of criteria of rationality which are either universal or at least cross-contextual. On the other hand, in so far as the concern was focused on the debated thesis that ‘believing is subject to moral appraisal (including the determination of “duties” to believe)’ the question of the ‘ethics of belief’ is with us today as the double inquiry into the question of the ‘will to believe’ and the relation of belief to action. Though the two concerns are not entirely separable, I will pay more explicit attention in this paper to the latter one in assessing some recent claims concerning the position held by John Henry Newman on these matters. After addressing some of the main points in the modern philosophical discussion of the ‘ethics of belief’, I will attempt to clarify Newman's place in the ‘ethics of belief’ discussion and argue that recent evaluations of Newman misrepresent his position in crucial ways and obscure his contributions to that discussion.


2021 ◽  
Vol 8 (SPE3) ◽  
Author(s):  
Abdolrahim Akhlaghi ◽  
Najaf Lakzaei

The present article is based on that using jurisprudential texts, the strategy of invitation and diplomacy can be proposed to improve the international security situation. The strategy of invitation and diplomacy seeks to persuade the other party to the correctness of an idea, policy and action. In other words, this strategy does not seek to suppress the actor on the other side, but through dialogue and diplomacy, the will to accompany, replaces the will to oppose.


2017 ◽  
Vol 168 (1) ◽  
pp. 3-13 ◽  
Author(s):  
Roland Olschewski

Valuing ecosystem services: taking stock Since the publication of the Millennium Ecosystem Assessment in 2005, the number of studies on the economic valuation of ecosystem services has increased. At the same time manifold doubts are raised concerning the concept of ecosystem services. On the one hand there are knowledge gaps related to the biophysical provision of such services, on the other hand methodological problems exist concerning 1) the determination of individual and social preferences as well as 2) the valuation approach in general. The present article addresses critical aspects of economic valuation methods. It concludes that it should not be striven for the one perfect method, but rather to look for ways to improve and integrate the different approaches. Promising initiatives are the comprehensive assessment of the available knowledge within the framework of the Intergovernmental Platform on Biodiversity and Ecosystem Services, and the development of common valuation standards.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Anastasia Berg

Abstract Kant’s account of the feeling of moral respect has notoriously puzzled interpreters: on the one hand, moral action is supposed to be autonomous and, in particular, free of the mediation of any feeling on the other hand, the subject’s grasp of the law somehow involves the feeling of moral respect. I argue that moral respect for Kant is not, pace both the ‘intellectualists’ and ‘affectivists,’ an effect of the determination of the will by the law – whether it be a mere effect or the motivating cause of action – but is instead identical to it. Drawing on Kant’s general account of feeling as the awareness of how representations and their objects harm or benefit our own powers, I argue that the identity between moral respect and the determination to action contains two elements. Moral respect is, first, a form of practical self-consciousness which constitutes the subject’s recognition of the moral law and thus of herself as intrinsically bound by it, i. e., as a moral agent. Second, respect is a capacity for receptive awareness of particular features of our environment as well as other persons insofar as they benefit and harm us as moral agents. Thereby moral respect affords us awareness in concreto of particular, morally-conditioned ends. In this way moral respect provides the key for a Kantian account of genuinely free practical receptivity.


Author(s):  
D.R. Rasmussen ◽  
N.-H. Cho ◽  
C.B. Carter

Domains in GaAs can exist which are related to one another by the inversion symmetry, i.e., the sites of gallium and arsenic in one domain are interchanged in the other domain. The boundary between these two different domains is known as an antiphase boundary [1], In the terminology used to describe grain boundaries, the grains on either side of this boundary can be regarded as being Σ=1-related. For the {110} interface plane, in particular, there are equal numbers of GaGa and As-As anti-site bonds across the interface. The equilibrium distance between two atoms of the same kind crossing the boundary is expected to be different from the length of normal GaAs bonds in the bulk. Therefore, the relative position of each grain on either side of an APB may be translated such that the boundary can have a lower energy situation. This translation does not affect the perfect Σ=1 coincidence site relationship. Such a lattice translation is expected for all high-angle grain boundaries as a way of relaxation of the boundary structure.


Author(s):  
Y. Ishida ◽  
H. Ishida ◽  
K. Kohra ◽  
H. Ichinose

IntroductionA simple and accurate technique to determine the Burgers vector of a dislocation has become feasible with the advent of HVEM. The conventional image vanishing technique(1) using Bragg conditions with the diffraction vector perpendicular to the Burgers vector suffers from various drawbacks; The dislocation image appears even when the g.b = 0 criterion is satisfied, if the edge component of the dislocation is large. On the other hand, the image disappears for certain high order diffractions even when g.b ≠ 0. Furthermore, the determination of the magnitude of the Burgers vector is not easy with the criterion. Recent image simulation technique is free from the ambiguities but require too many parameters for the computation. The weak-beam “fringe counting” technique investigated in the present study is immune from the problems. Even the magnitude of the Burgers vector is determined from the number of the terminating thickness fringes at the exit of the dislocation in wedge shaped foil surfaces.


1962 ◽  
Vol 08 (03) ◽  
pp. 434-441 ◽  
Author(s):  
Edmond R Cole ◽  
Ewa Marciniak ◽  
Walter H Seegers

SummaryTwo quantitative procedures for autoprothrombin C are described. In one of these purified prothrombin is used as a substrate, and the activity of autoprothrombin C can be measured even if thrombin is in the preparation. In this procedure a reaction mixture is used wherein the thrombin titer which develops in 20 minutes is proportional to the autoprothrombin C in the reaction mixture. A unit is defined as the amount which will generate 70 units of thrombin in the standardized reaction mixture. In the other method thrombin interferes with the result, because a standard bovine plasma sample is recalcified and the clotting time is noted. Autoprothrombin C shortens the clotting time, and the extent of this is a quantitative measure of autoprothrombin C activity.


1983 ◽  
Vol 50 (02) ◽  
pp. 563-566 ◽  
Author(s):  
P Hellstern ◽  
K Schilz ◽  
G von Blohn ◽  
E Wenzel

SummaryAn assay for rapid factor XIII activity measurement has been developed based on the determination of the ammonium released during fibrin stabilization. Factor XIII was activated by thrombin and calcium. Ammonium was measured by an ammonium-sensitive electrode. It was demonstrated that the assay procedure yields accurate and precise results and that factor XIII-catalyzed fibrin stabilization can be measured kinetically. The amount of ammonium released during the first 90 min of fibrin stabilization was found to be 7.8 ± 0.5 moles per mole fibrinogen, which is in agreement with the findings of other authors. In 15 normal subjects and in 15 patients suffering from diseases with suspected factor XIII deficiency there was a satisfactory correlation between the results obtained by the “ammonium-release-method”, Bohn’s method, and the immunological assay (r1 = 0.65; r2= 0.70; p<0.01). In 3 of 5 patients with paraproteinemias the values of factor XIII activity determined by the ammonium-release method were markedly lower than those estimated by the other methods. It could be shown that inhibitor mechanisms were responsible for these discrepancies.


2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
The Will ◽  

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.


2013 ◽  
pp. 174-183
Author(s):  
Piotr Sadkowski

Throughout the centuries French and Francophone writers were relatively rarely inspired by the figure of Moses and the story of Exodus. However, since the second half of 20th c. the interest of the writers in this Old Testament story has been on the rise: by rewriting it they examine the question of identity dilemmas of contemporary men. One of the examples of this trend is Moïse Fiction, the 2001 novel by the French writer of Jewish origin, Gilles Rozier, analysed in the present article. The hypertextual techniques, which result in the proximisation of the figure of Moses to the reality of the contemporary reader, constitute literary profanation, but at the same time help place Rozier’s text in the Jewish tradition, in the spirit of talmudism understood as an exchange of views, commentaries, versions and additions related to the Torah. It is how the novel, a new “midrash”, avoids the simple antinomy of the concepts of the sacred and the profane. Rozier’s Moses, conscious of his complex identity, is simultaneously a Jew and an Egyptian, and faces, like many contemporary Jewish writers, language dilemmas, which constitute one of the major motifs analysed in the present article. Another key question is the ethics of the prophetism of the novelistic Moses, who seems to speak for contemporary people, doomed to in the world perceived as chaos unsupervised by an absolute being. Rozier’s agnostic Moses is a prophet not of God (who does not appear in the novel), but of humanism understood as the confrontation of a human being with the absurdity of his or her own finiteness, which produces compassion for the other, with whom the fate of a mortal is shared.


Sign in / Sign up

Export Citation Format

Share Document