Between ‘Time Immemorial’ and ‘Instant Custom’: The Time Element in Customary International Law

Article 38.1(b) of the Statute of the International Court of Justice, which refers to customary international law as ‘a general practice accepted as law’, makes no mention of duration. Yet the ‘time element’, as the Court itself called it, has not infrequently been relevant—if not central—to determining whether a rule of customary international law has come into being. The present article seeks to describe how far the passage of time is necessary for the creation of rules of customary international law, and the possible significance of time to the customary process more generally. While noting that no particular duration is required for the formation of customary international law, it suggests that some time must always elapse, and that assertions of a rapid development in customary international law are to be treated with a degree of caution. Light is thrown on particular ways in which time may indeed be of significance for the formation and identification of a rules of customary international law, and on further ways in which time (and timing) may impact the life cycle of such rules, including their possible change and demise.

The Pitch as Meaning-directing Activity: Implications for Students and Education When Fast Pace and a Striving for Novelty Set the Scene

The elevator pitch is part of a global tendency toward homogenization of entrepreneurial content in educational programs (Fletcher, 2018), and this article shows how the pitch is naturalized as a new language because it must be decoded in order to pass an innovation course for health students at a Danish University College. A core communicative component of the pitch is speed. Using pragmatism, the article shows how the pitch guides the meaning making of students and how the compressed time element reduces the space for reflection. Thus, the educational rhythm is set by values from the pitch and innovation. Further, the article problematizes how the pitching situation separates the pitched end product both from reflections on possible consequences of new solutions and from the dynamic forces that actually created the pitch.

The Preservation of the Terbang Papat Music at Ash-Shiddiqin Musalla in Kudus Regency

Terbang Papat is a typical traditional art from Kudus, the name of Terbang Papat was taken from the instruments of Terbang in the amount of four and used one Jidor. The art of Terbang Papat, now is starting to fade because it has been replaced by the times. This study aims to provide a preservation overview of the Terbang Papat art form in Kudus. The study was conducted by using a qualitative analysis research method with the research location in the Kedungdowo Kaliwungu village, Kudus Regency. The data collection techniques used observation, interviews, and document study. The data validity technique used data triangulation technique. Meanwhile, data analysis and processing techniques were carried out by collecting, reducing, clarifying and verifying data. The result of preserving the Terbang Papat music is from musical elements namely the time element and the characteristics of the accompanying instruments.

The Evolution and Implementation of Tiered Preparedness & Response

ABSTRACT Simply put, responders and planners define response capability in terms of “what it is”, “how much” and “by when”. The types of capability define the “what”, for example the ability to apply dispersant to a surface slick at sea or the ability to mount an aerial surveillance operation to track and monitor the oil (and the response effort) makes up the Toolbox that responders have at their disposal to mitigate impacts of an oil spill. The IPIECA Good Practice Guide on Tiered Preparedness and Response (TPR) recognises 15 such response capabilities that could be required for any given spill scenario and is a direct output from the Joint Industry Project on Oil Spill Response following the Macondo incident in 2010. The “how-much” introduces a quantification of the capability and it is important to recognise that capability is not just a physical measure of the hardware itself (i.e. “six skimmers”) but should include assumptions about the trained manpower to deploy, and the logistical support needed to fully enable the resource to be effective. “By-when” implies a time element that is critical in cascading remote resource effectively. It follows that some capability is required to be immediately available to enable a local response to be initiated quickly and effectively whilst other capabilities, usually only required for larger or more complex spills, can be introduced on a longer lead-time. To help visualise the dynamics of “what”, “how-much and “by-when”, the IPIECA Guide provides a simple model to illustrate the provision of response capability for any given oil spill risk in the form of a wheel with 15 segments representing each element of capability. Each segment is further divided to illustrate the three tiers of cascading capability (Tier 1, near the centre representing capability immediately available, Tier 2 showing intermediate capability, and Tier 3 around the periphery to indicate additional, possibly internationally-sourced capability that necessitates a longer lead time required for the largest or most complex spills.) Planners typically use the tool when matching resources to the identified risk, as it can usefully highlight any gaps that may exist in the provision of capability. This paper draws upon the experience of Oil Spill Response Limited (OSRL) in applying and using the Guide and the TPR wheel, both in planning and in response. Case history evidence will be used to illustrate the benefits and limitations of this industry-adopted planning and response approach.

Defining the Field of Events

When considering the field of events, an important initial step is to consider the definition of an event. The goal of this article was twofold, first to take a novel approach in defining an event by considering the contextual aspects of an event from the traditional definitions, but adding the perspective of the attendee; and second to develop a typology focused on a unified definition of the field of events relational to the extant literature. The definition of an event is an occurrence that has a time element, two or more participants, is planned, and is a unique opportunity. A systematic review of extant literature was conducted in order to define the field of events. A total of 95 articles were analyzed. The field of events is characterized as having four major categories: professional, entertainment, social, and common cause. Within these four categories there are 20 types of events, all of which meet the four components of the definition of an event.

علاقة الزمان بالحدث في القصيدة الجاهليّة

يشكِّل الزمان عنصراً مهماً من العناصر القصصية في القصيدة الجاهليّة، إلى جانب المكان والشخصيات والحدث والحوار والصراع، ويسعى هذا البحث إلى دراسة علاقة الزمان بالحدث من خلال تحديد الزمن في القصّة الشعريّة، وإظهار تأثيره في الحدث القصصي في نماذج شعريَّة مختلفةٍ لشعراء مشهورين من أمثال امرئ القيس والنابغة الذبياني والأعشى وغيرهم، وكذلك من المُقلّين مثل قيس بن الحداديّة. ويسعى البحث إلى توضيح تقنية السرد الاسترجاعي الذي يعني أي حدثٍ أو مشهدٍ سابقٍ على الزمن الذي يصفه العمل الأدبي، كما يهدف إلى إبراز دور تقنية الحذف في تسريع السرد القصصي، فهو يحيل على مدَّةٍ زمنيَّةٍ لا يوافقها حيِّزٌ في النصّ الأدبيّ، فيتخطى الشاعر من خلالها الأحداث غير المهمة بالنسبة إلى القصّة الدراميّة. الكلمات المفتاحيّة: القصيدة الجاهليّة، العناصر القصصيّة، السرد الاسترجاعي، الحدث القصصيّ، الحذف، القصّة الدراميّة. The study investigated the connections between the time settings and the historical events that occurred during those periods. In any dramatic work, it is known that the time element is dependent upon the internal perspective of the characters. One technique of temporal narration focused upon the usage of an analepsis or flashback, which changes the time perspective of a character and presents a story within a story. The study also attempts the influence of such technique on the narrative structure as exemplified in three different poetic models: Imru 'al-Qais, al-Nabigha al-Dhibiyyi, al-Asha and others. Another technique (ellipses) utilizes was placing time gaps in the narrative to increase the pace of the events of the story to eliminate less important events. This was a commonly used technique to move a story along and maintain interest. When narrative descriptions are drawn out too long, the flow of the story slows down and loses momentum. Keywords: Pre-Islamic (Jahily) Poem, Narration Elements , analepsis, narrative events, ellipses, dramatic story.

SOCIAL COMPETENCE AND ACCESS TO FINANCE IN FINANCIAL INSTITUTIONS: AN EMPIRICAL STUDY OF SMALL AND MEDIUM ENTERPRISES IN UGANDA

Purpose: The paper examined the mediating effect of innovation in the relationship between social competence and access to finance by Small and Medium Enterprises (SMEs) in Uganda. The major aim was to establish the role of innovation in the relationship between social competence and access to finance. Methodology: The research took a positivist paradigm and a cross-sectional research design were used to collect data from 307 SMEs in Uganda. Close-ended and self-administered questionnaire with question items anchored on a five-point Likert-type scale was used to collect data from either managers or owner of SMEs. Pearson correlation and Hierarchical regression analyses were employed for data analysis. More so, the study adopted MedGraph program, Sobel tests, Kenny, and Baron Approach to test for mediation effects. Findings: The findings indicated that the true drivers of access to finance by SMEs in Uganda are social competence and innovation. However, innovation exhibits partial form of mediation in the relationship between social competence and access to finance. Unit Contribution to practice and policy: Since innovation was found to be a causal chain in the relation between social competence and access to finance in this study, managers of the SMEs should endeavor to reinforce agents of innovation since commercial institutions trade off higher interest and lower collateral requirements for firms involved in the innovative process. Besides, this study can therefore reinforce the importance to foster academic achievement not only because of academic and learning reasons, but also because of its implications in other important domains (such as social competence) of young generation development along the school years. The government of Uganda can therefore, introduce some subjects in schools and institutions that can promote the development of social competences in the learning group. Study Limitation: First, only a single research methodological approach was employed and future research through interviews could be undertaken to triangulate. More so, future studies could use the same basic hypotheses and regression construction, but implement the study in terms of a longitudinal rather than a cross-sectional design. The longitudinal study would need to correct changes in data relative to time element. Keywords: Social Competence, Innovation, Small and Medium Enterprises (SMEs), Mediating effect, Access to Finance.

Pandemic Preparedness and Public Health Expenditure

The motive behind this article is investigating alternative indicator measures for the effectiveness of public health expenditure on pandemic preparedness, to explain the reasons behind country variations in containing crises such as Coronavirus disease 2019 (COVID-19). The purpose is to analyse the shortcomings in the relationship between global public health expenditure and pandemic preparedness. The research methodology includes a macro-analysis of global health spending patterns, empirical and theoretical literature on global health expenditure, global health security indexes, and country case studies pre- and post-crisis. The results show that gaps in pandemic preparedness were already existent pre-COVID-19, calling for a new mind-set in the way public health expenditure is structured. Healthcare sustainability indicators should transition from traditional measures such as economic growth rates, public health expenditure rates, revenue coming from the healthcare sector, and rankings in the global health security index, to new awareness indicators. Public health expenditure, a facilitator of pandemic preparedness, coupled with the resilience of healthcare systems, could be used in conjunction with the traditional factors, along with the time element of a quick response to pandemic through preparedness schemes, the progress towards achieving sustainable health through the implementation of the United Nations Sustainable Development Goals, and investment in national healthcare capital to ensure efficient resource allocation. The policy recommendations are the restructuring of public expenditure to expand the absorptive capacities of healthcare institutes, eventually leading to sustainability and universal health insurance.