15 Cluster Munitions

Author(s):  
Boothby William H

This chapter explains the grave humanitarian concerns that cluster munitions have aroused and traces the processes that culminated in legal action taken to address this concern. Cluster munitions are the subject of the most recent arms control treaty, the Cluster Munitions Convention (CMC) adopted in Dublin on 30 May 2008. The process that led to the adoption of this Convention and the parallel and ultimately fruitless discussions of the same topic under the auspices of the CCW provides an important case study that illustrates how modern weapons law is, in practice, made. The complex CMC definition of cluster munitions is explained, the core obligations provided for in the treaty are related and the important provisions of article 21 dealing with interoperability issues are examined.

Litera ◽  
2020 ◽  
pp. 9-20
Author(s):  
Daniil Andreevich Bakhmatov

The goal of this research consists in identification and complex description of the stages of existence of a phrase. The subject of this research is changes in the use that afflict phrases in diachrony. The author determines the types of such changes, which characterize the stages of existence of a phrase since its emergence, as well as possible ways of development of a phrase (in terms of unchangeability of its composition and level of idiomaticity).Based on the material of verbal-nominal phrases in German language, both free and phraseologisms, and attraction of corpus-based data, the changes in use are perceived as elements of a single process. The scientific novelty lies in the attempt to describe the models of diachronic changes as cyclic processes; reveal common trends in development of phrases and in applicability of the definition of “life cycle” to the indicted processes. The concept of “life cycle”, used in various sciences for designating the natural, repeating processes, found its reflection in linguistics. However, cyclic processes in phraseology yet remain unstudied, despite the existing description of such phenomena as usualization, phraseologization, and dephraseologization. In conclusion, the author presents a dynamic model of life cycle of a phrase; the changes in use are viewed as its part; as well as offers the terms “deusualization” and “reusualization”. The obtained life cycle model can find application in further research in the area of diachronic phraseology and phrase formation.


2019 ◽  
Author(s):  
Assia Mohdeb ◽  
Sofiane Mammeri

Identity, in one of its understanding, signifies a set of characteristics that make up a person’s ethical faithfulness to, identification with, and pride of one’s origin, tradition, and culture. Remaining true to one’s identity and being faithful to the core values of one’s culture is a complicated matter when it comes to a black living in white society like America, where color and racial identity are rudimentary prerequisites in self-definition and naming. Philip Roth’s novel entitled The Human Stain (2000) shows how some black figures undress their black identity to wear the prestigious white one to go onward with life as full selves, to have access to all the privileges the whites enjoy, and, above all, to live without the specter of race and the decisiveness of epidermal signs. The novel calls into question and revision such essentialist notions as other, class,andrace by describing the crises the subject or self undergoes in the light of racial prejudices, center-periphery relations, and class stereotypes. The present paper, then, addresses the act of self-abdication the protagonist, Silk Coleman, carries out to overstep the feeling of otherness and to dodge racial discrimination. The paper looks into the notions of selfhood and Otherness by negotiating the definition of the self and the distortion it undergoes in its encounter with the Other . The study aims at revealing, primarily, the effects of Black racial-passing, a common phenomenon in American society of the first half of the twentieth century, on familial relationships and cultural heritage. It also reveals the weight of gender and class discrimination in the individual’s identity formation and well-being.


2018 ◽  
Vol 25 (3) ◽  
pp. 431-457 ◽  
Author(s):  
Sylvanus Gbendazhi Barnabas

There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.


2021 ◽  
Vol 9 (4) ◽  
pp. 41-55
Author(s):  
Ewa Manikowska ◽  
Andrzej Jakubowski

This article seeks to contribute to the current debate on the new definition of the “museum” – a debate which led to turmoil at the 2019 ICOM General Assembly in Kyoto. With reference to the case study of the Museum of the Second World War in Gdansk (MSWW), it analyses the new and very successful genre of the narrative museum, a genre which arguably fulfils the core elements of the definition currently being discussed by ICOM. In this regard, it brings into focus the paramount importance of community involvement in creating and managing narrative museums – an aspect that has been virtually absent in the academic and media debates over the nature of the MSWW and its programme. By pointing out the fragility of the foundations for such participation, based solely on trust between communities, the museum, and state authorities, this article calls for and provides guidance for an academic and institutional redefinition of the narrative museum and the institution of a museum in general.


Author(s):  
Kevin Gray ◽  
Susan Francis Gray

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter introduces a number of concepts that are fundamental to an understanding of the contemporary law of land in England and Wales. It discusses: definition of ‘land’ as physical reality; the notion of abstract ‘estates’ in land as the medium of ownership; the relationship between law and equity; the meaning of ‘property’ in land; the impact of human rights on property concepts; the ambivalence of common law perspectives on ‘land’; the statutory organisation of proprietary rights in land; and the underlying policy motivations that drive the contemporary law of land.


Author(s):  
Thomas Davies

Abstract L'International, a journal published in Paris in the 1840s that brought together an international team of intellectuals aiming to advance international studies, represents not only a forgotten milestone in the development of international studies but also provides an important case study shedding light on the challenges that need to be overcome in the development of international studies as a distinctive area of research. This article considers both the potential and the limits of the approach to international studies set out in L'International with a view to further understanding the potential and limits of international studies today. It elucidates four features of the approach taken in L'International pertinent to debates in today's discipline: (i) the boundaries of international studies; (ii) the nature of a scientific approach to the subject; (iii) the role of race, gender, and class; and (iv) the relationship between international studies and the policy sector. While its contributors were notable for putting forward a pluralist approach to the subject, their efforts were marred by their consideration of a limited set of interests.


2019 ◽  
Vol 36 (5) ◽  
pp. 23-48
Author(s):  
Lisa Lowe ◽  
Kris Manjapra

The core concept of ‘the human’ that anchors so many humanities disciplines – history, literature, art history, philosophy, religion, anthropology, political theory, and others – issues from a very particular modern European definition of Man ‘over-represented’ as the human. The history of modernity and of modern disciplinary knowledge formations are, in this sense, a history of modern European forms monopolizing the definition of the human and placing other variations at a distance from the human. This article is an interdisciplinary research that decenters Man-as-human as the subject/object of inquiry, and proposes a relational analytic that reframes established orthodoxies of area, geography, history and temporality. It also involves new readings of traditional archives, finding alternative repositories and practices of knowledge and collection to radically redistribute our ways of understanding the meaning of the human.


2020 ◽  
Vol 28 (3) ◽  
pp. 1-11
Author(s):  
Lutemberg Florêncio ◽  
Claudio Tavares de Alencar

AbstractThe valuation of commercial properties for the guarantee of loans is extremely relevant for financial institutions, since it directly impacts the calculation of the loan to value ratio (LTV). However, despite the vast literature on the subject, the choice of methodological basis and the definition of the type of value to be employed are not pacified issues among researchers and practitioners. In this sense, the main objective of this paper is to present a methodological approach, as well as a suggestion of the type of value for the valuation of commercial properties bound collateral.The main methods and types of values related to the valuation of bound collateral commercial properties are presented below. Next, we propose a refinement of the income method, based on the concept of the value of the investment opportunity and under the principle of value at risk. Finally, we promote a case study with data from the Brazilian market to illustrate the application of the proposed approach.Based on the case study, it was evidenced that the valuation approach proposed in this paper, anchored in the potential of the income generation of the property, reduces the risk of exposure to banks’ credit.


Author(s):  
Shan Ma

AbstractThis study argues for a frame semantic approach to the treatment of Taoist terms, which are Chinese culture-specific. It takes three Taoist aesthetic terms 虚(xu), 无(wu) and 静(jing) as a case study to explore how Chinese-English dictionaries can make use of semantic frames in the treatment of Taoist terms. As the study shows, a Taoist-aesthetics frame can be constructed in comparison with the Aestheticsframe in FrameNet. When treating Taoist terms, the core frame element “Entity” facilitates the meaning explanation by making the terms more intelligible. The non-core frame element “Circumstances” should be highlighted as it helps the dictionary to provide a more accurate definition of Taoist terms.


Author(s):  
A. S. Kulikov ◽  
К V. Chirkin

The study is devoted to such a specific administrative offense as failure to comply with the legal requirements of a deputy that has no parallel in Soviet administrative law. The subject of the analysis covers the norms of regional legislation. Primarily it covers the Code of Administrative Offences of the city of Moscow 2007 and related provisions of other laws of the city of Moscow. Taking into account interconnected legal norms, the author highlights the object of the administrative offense under consideration, defines the concept of “lawful demands of the deputy,” clarifies the content of other elements of the offence, namely: the objective party [sic] (objective element, actus reus), the subject (the offender), and the subjective party [sic] (state of mind, mens rea). At the same time, a number of statutory flaws are revealed and ways of their correction are proposed. In particular, the author highlights combining two administrative offenses with various direct objects in one part of the article of the Code on Administrative Offences of the City of Moscow, lack of a legal definition of the concept of “legitimate demands of the deputy,” lack of administrative responsibility imposed on sitizens for obstruction of the deputy’s work, excessive lenience of the penalty for violation of time limits given for processing the deputies’ requests in comparison with similar administrative offenses of lower public danger.


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