Journal articles on the topic 'Exhaustion of local remedies rule'

AbstractIn the context of the responsibility of international organisations the duty to exhaust local remedies shall apply as a modified exhaustion of the internal remedies rule. Thereby, international organisations, like states, can avail themselves of the opportunity to rectify the behaviour of their organs by their own means. Against the backdrop of the raison d'être of international organisations, internal remedies do not necessarily have to meet the same stringent requirements as local remedies within states but must provide comparable legal redress. In order to render a claim against an international organisation admissible, such internal remedies have to be invoked beforehand. In toto, such an approach might serve as an incentive for international organisations to enhance means of legal review and promote legal protection of individuals against acts of international organisations that do today exercise state-like jurisdiction in an incremental number of instances.

Art. 295 of the UN Convention on the Law of the Sea (unclos) embodies the rule of prior exhaustion of local remedies by making a renvoi to cases where the application of the rule is required by international law. In the practice of the International Tribunal for the Law of Sea (itlos) and Annex vii Tribunals, States continuously raise preliminary objections based on Art. 295. However, such tribunals have never found the local remedies rule applicable. In this paper, it is argued that the approach taken by unclos Tribunals towards the applicability of the local remedies rule is not persuasive since, absent proper reasoning, it fails to align with – or expressly depart from – what appears to be the present state of international law on the topic. Furthermore, the above practice undermines the effectiveness of Art. 295 and calls into question the actual relevance of the local remedies rule within unclos disputes. In the present article the approach followed by unclos Tribunals with respect to the applicability of the local remedies rule is assessed against a reconsideration of the issue of mixed claims and the specific regime set forth in the Law of the Sea Convention. In the concluding section the approach taken in unclos Tribunals’ case law is considered in light of recent criticisms pointing out the current improper expansion of the jurisdiction under unclos Part xv.

The rule of exhaustion of domestic remedies applies in the process of diplomatic protection. It is justified by the practical and political reasons, in order to avoid big number of claims at the international level. The individual, whose right has been violated, must have the opportunity to seek protection against the violation of international law, or to use the legal remedy, which relates to the questions of international law, but gives substantial compensation for the damage the claimant is complaining of. The rule on exhaustion of local remedies has its origins in the ancient times in the cases of reprisals and it receives its relatively clear limits in the 12th and 13th century, when it is invoked in solving the claims between the merchants and other cities. This practice has been present in the following centuries and with the strengthening of national states, reprisals were regulated by international agreements between states and they were allowed only when the plaintiff did not receive redress, or some unjustified delay in the procedure occurred. The legal doctrine, for example Hugo Grotius and Vattel agreed on this issue and supported the related practice. In the 19th and 20th century practice of the states has been intensified concerning this issue and it presents one of the conditions for the diplomatic protection before international courts and arbitrations. This tendency continues today and the rule on exhaustion of local remedies has its place in the area of protection of aliens and human rights.

Abstract The present article describes the arbitral proceedings in the investment dispute between Italy and Cuba, with special regard for the Final Award rendered in 2008. The arbitration has raised a number of interesting issues in the application of customary international law, including the admissibility of claims in diplomatic protection in investment disputes under a BIT, the application of the rule on the exhaustion of local remedies, the attribution of acts of State-owned enterprises to the State and the use of general international law as a means to interpret treaty provisions defining the scope of the BIT. Some of these aspects have proved particularly controversial, as shown by the thorough dissenting opinion attached by arbitrator Tanzi, and they are critically analysed. The arbitration confirms the profound interdependence of bilateral treaties and customary international law in international investment arbitration.

INTRODUCTION. Over the past decade, the International Court of Justice has been requested to adjudicate on claims under 1965 Convention against Racial Discrimination (CERD). While adjudication under treaty compromissory clauses is not uncommon, the Court’s jurisdiction under CERD is subject to conditions that are not replicated under other multilateral treaties. Therefore, the Court’s use of compromissory clause under CERD raises complex issues of treaty interpretation as well as of the Court’s compliance with consensually established limits of its own authority.MATERIALS AND METHODS. The article proceeds to examine the Court’s application of jurisdictional clause under Article 22 CERD in the case of Ukraine v Russia from the positivist legal perspective. It assesses the Court’s use of treaty interpretation methods relating to the text and context of Article 22, as well as CERD’s object and purpose. After assessing the Court’s analysis of its jurisdiction, the article proceeds to examine the Court’s use of the rule on exhaustion of local remedies which is one the condition of the admissibility of claims in cases relating to treatment of individual and their groups.RESEARCH RESULTS. The article demonstrates that the Court’s interpretation of Article 22 CERD does not accurately identify the meaning of this provision, especially the meaning of the word “or” contained in it. As a consequence, the Court ends up asserting jurisdiction in the case before the Committee established under CERD has dealt with it. Moreover, the Court concludes that the victims of alleged racial discrimination do not have to exhaust local remedies. This conclusion places the Court at odds with previous jurisprudence of all major international tribunals.DISCUSSION AND CONCLUSIONS. It becomes clear that the Court has asserted jurisdiction over the case even though CERD provisions did not confer that jurisdiction to it, and that local remedies were not exhausted anyway. As this face forms one rather small part of overall Russia-Ukraine relations, a temptation could obviously arise to justify the Court’s flawed legal reasoning by considerations of ethics, politics, ideology or justice. However, positivist legal reasoning requires maintaining that the Court operates on the basis of State consent, and any neglect for that fact risks negative consequences for the overall efficiency of international adjudication.

As recognised by the International Law Commission in the 2011 Draft Articles on the Responsibility of International Organisations, the rule of the prior exhaustion of internal remedies also applies to cases where the international responsibility of international organisations is invoked, be it in the field of diplomatic protection or human rights. This essay focuses on the application of this rule to the European Union (EU). The author maintains that the legal remedies available to individuals alleging injury as a result of an internationally wrongful act of the EU include both direct remedies before EU courts and remedies before domestic tribunals. He then scrutinises whether each remedy is capable of providing individuals with accessible and effective means of redress.

The subject. The article is devoted to the subject of the exhaustion of domestic remediesbefore filing a complaint to the European Court of Human Rights.The purpose. The purpose of this article is to show and reveal the characteristics of suchimportant condition of lodging a complaint before the European Court of Human Rights asthe exhaustion of domestic remedies.The methodology. The following scientific methods have been used to write this article:analysis, comparing and making conclusions.Results, scope of application. The right of individual petition is rightly considered to be thehallmark and the greatest achievement of the European Convention on Human Rights. Individualswho consider that their human rights have been violated have the possibility oflodging a complaint before the European Court of Human Rights. However, there are importantadmissibility requirements set out in the Convention that must be satisfied beforea case be examined. Applicants are expected to have exhausted their domestic remediesand have brought their complaints within a period of six months from the date of the finaldomestic decision. The obligation to exhaust domestic remedies forms part of customaryinternational law, recognized as such in the case – law of the International Court of Justice.The rationale for the exhaustion rule is to give the national authorities, primarily the courts,the opportunity to prevent or put right the alleged violation of the Convention. The domesticlegal order should provide an effective remedy for violations of Convention rights.Conclusions. The rule of exhaustion of domestic remedies is an important part of the functioningof the protection system under the Convention and its basic principle.

The application for judicial review is the primary means of challenging the legality of action taken by public bodies. Judicial review is not, however, the only avenue by which an individual may challenge a particular decision. Statute may create an appellate machinery to hear appeals against decisions of public bodies. There is a wide variety in the pattern of such schemes. There may be an appeal from a decision to a tribunal or other body, with a further right of appeal on a point of law or by way of case stated to the High Court or the Court of Appeal. Such mechanisms exist in a number of fields, most importantly in the field of revenue law, enforcement notices in planning law, decisions of inferior courts such as magistrates& courts, and social security law. There may be an appeal from a decision to an administrative tribunal or inferior court but with no right of appeal to the High Court, as in certain immigration cases where decisions may be appealed to an adjudicator and from him to the Immigration Appeal Tribunal. There may be an appeal from decisions to an administrative body such as a Secretary of State either with provision for appeal to the courts, as with appeals against refusals of planning permission by local authorities, or without any further right of appeal, as in the case of appeals against disciplinary decisions of chief constables.

In 1962, newly independent African states voted overwhelming in support of United Nations (UN) General Assembly Resolution 1803 (XVII) on ‘Permanent Sovereignty over Natural Resources’ (PSNR). This resolution emerged mainly in response to concerns about the protection of foreign direct investment (FDI) and economic development in developing countries. Although substantial legal scholarship has focused on PSNR, few studies have focused on conceptualising PSNR and investor-state dispute settlement (ISDS) in Africa. This paper intends to fill this important research gap, by conceptualising PSNR as a threepronged principle that protects the rights of the state, investors and citizens. This paper examines the evolution of PSNR in the context of investment law in Africa through a textual analysis of treaty language in African investment treaties and as interpreted in natural resource-related investor-state disputes. This paper also examines the significance of Tanzania’s recently enacted Natural Wealth and Resources (Permanent Sovereignty) Act, 2017 (Sovereignty Act). The paper’s textual analysis reveals that unlike what is envisaged under Resolution 1803, dispute settlement clauses in treaties signed by African states do not provide for the exhaustion of local remedies. This paper argues that to attain ‘sustainable sovereignty’ over natural resources, African states must recognise the core of foreign investment protection law: pacta sunt servanda. Although the ‘new generation’ treaties constitute positive steps, to fully attain transformed development through the sustainable use of natural resources (as envisaged in Agenda 2063) treaty reform must be backed by good governance, informed natural resource investment contracts, the rule of law, and intra-regional investment. En 1962, les États africains nouvellement indépendants ont favorablement et massivement voté la Résolution 1803 (XVII) de l’Assemblée générale des Nations Unies (ONU), sur la « souveraineté permanente des ressources naturelles » (SPRN). Cette Résolution a été adoptée en réponse aux préoccupations concernant la protection des investissements directs étrangers (IDE) et le développement économique des pays en voie de développement. Bien que le SPRN ait fait l’objet d’importantes études juridiques, peu d’études ont porté sur la conceptualisation des SPRN et les accords sur les différends entre investisseurs et États (ADIE) en Afrique. Cet article vise à combler cet important vide dans la recherche en conceptualisant les SPRN comme un principe à trois volets qui protège les droits de l’État, des investisseurs et des citoyens. Cet article analyse l’évolution des SPRN dans le contexte du droit à l’investissement en Afrique par une analyse textuelle du langage des traités dans les traités d’investissement africains et tel qu’interprété dans les différends entre investisseurs et États en relation avec les ressources naturelles. Cet article examine également l’importance de la récente promulgation en Tanzanie de la loi sur les Richesses et Ressources Naturelles (Souveraineté Permanente) de 2017 (Loi sur la Souveraineté). L’analyse textuelle de cet article révèle que contrairement à ce qui est envisagé dans la Résolution 1803, les clauses de règlement des différends contenues dans les traités signés par les États africains ne prévoient pas l’épuisement des recours internes. Cet article soutient que pour parvenir à la « souveraineté durable » sur les ressources naturelles, les États africains doivent reconnaître l’essence de la loi sur la protection des investissements étrangers : pacta sunt servanda. Bien que les traités de la « nouvelle génération » constituent des étapes positives pour parvenir à un développement pleinement transformé grâce à l’utilisation durable des ressources naturelles (comme prévu dans l’Agenda 2063), la réforme des traités doit être soutenue par une bonne gouvernance, des contrats réfléchis relatifs aux ressources naturelles, l’État de droit et les investissements intra régionaux.

Abstract This article addresses the controversial issue of investors’ non-compliance with the eighteen-month litigation prerequisite often included in investment treaties. In particular, it focuses on two recent decisions which inaugurated a different approach to the domestic remedies rule. It primarily analyzes the traditional method used by ICSID tribunals to tackle the domestic remedies rule, by making reference to the applicability of the MFN clause to dispute resolution provisions. It therefore focuses on the different reasoning followed by the Abaclat and the Ambiente Ufficio tribunals, underlining the shortcomings connected to that reasoning. Specifically, it demonstrates that the analogy with diplomatic protection made by the latter tribunal is questionable. Finally, it analyzes the policy rationale common to both the traditional approach and the one used in the Abaclat and Ambiente Ufficio cases, which seems to be aimed at extending the jurisdiction of the Centre.

The article examines the daily lives of Young Communist League (Komsomol) cadres in the 1920s argue that their ability to establish local authority through consent was often undermined by their everyday conditions. The article treats the emergence of the Komsomol’s nomenklatura and cadre appointment system after the Russian civil war, cadre workload, working conditions, health, attitudes, and the Komsomol leadership’s efforts to subordinate cadre malfeasance and corruption through public scandal. The article demonstrates that without a sturdy material base upon which to generate consent, local Komsomol cadres often relied on domination to exert their authority over their rank and file members and to some extent the local population. This reliance ultimately perpetuated itself. The more cadres employed coercion, the more the means of consent atrophied, which led them to turn time and again to domination. The use of domination over consent had grave implications on the nature of Bolshevik rule. Often Komsomol cadres were the only representative of the Soviet state in rural localities, and their methods of garnering authority were representative of prevailing trends of Bolshevik governance throughout the 1920s.

Pending the establishment of the African Court on Human and Peoples' Rights, the African Commission on Human and Peoples' Rights remains the only institutional body for the implementation of the rights guaranteed in the African Charter on Human and Peoples' Rights. The Assembly of Heads of State and Government of the Organization of African Unity (OAU), reconstituted as the African Union (AU), established the Commission in 1987, after the entry into force of the African Charter, in 1986, and pursuant to its Article 64 (1). The Commission was established, inter alia, “to promote human and peoples' rights and ensure their protection in Africa.” That is, besides “any other tasks which may be entrusted to it” by the Assembly, the Commission performs three primary functions: it promotes and protects human and peoples' rights and interprets the provisions of the Charter.

AbstractInternational law recognizes two mechanisms for the protection of individuals in case of violations of peremptory norms affecting individuals: invocation of State responsibilityerga omnesand diplomatic protection. While they share some fields of applications and are both based on some measure of indirect injury, there are important differences between these two mechanisms. This paper analyses and discusses these differences and similarities, and concludes by demonstrating that the essential distinction is to be found in the legal interest in the claim and the nature of the claim. The traditional conditions for the bringing of a claim based on indirect injury that are applicable to diplomatic protection (exhaustion of local remedies and nationality of claims) are not applicable to invocation of responsibilityerga omnes. This paper will argue that the latter is based on an obligation owed to the community as a whole, including the claimant State, and therefore constitutes a direct claim. In the interest of enhancing protection of individuals against violations of peremptory norms, the simultaneous existence of these two mechanisms should be welcomed.

A nation can settle the claims of its citizens against a foreign government. The injury must have been an internationally wrongful act by another State and the injured citizen must have been a national of the espousing state. Generally, a claim may not be espoused unless the “local remedies” rule is satisfied. The United States has a long history of settling individual claims against foreign countries by international agreements. The Supreme Court has upheld this practice. The Peace Treaty with Japan contains a mutual waiver of claims. Yet Americans who had been forced to work as slave laborers for Japanese companies filed lawsuits. The u.s. executive branch and courts held that their claims had been settled. Certain Holocaust claims were resolved under a new format. Thus, creative approaches to resolving claims are available outside the normal legal framework.

Institutions matter in antitrust, at least as much as ideas. Most antitrust arguments, and especially the contretemps currently enjoying some attention in the popular press, imagine that antitrust problems are short- or medium-term matters, and that they can be corrected with local doctrinal steps. I suggest there is a deeper problem, a phenomenon more deeply inherent in the nature of competition itself. The problem will cyclically recur, so long as institutional brakes are unavailable to keep it at bay. Specifically, it seems that competitive markets are difficult to preserve without some prospective, no-fault rule to control concentration for its own sake. At least nominally, American antitrust has such a rule in its basic merger law, Clayton Act § 7, but the rest of it consists of retrospective, fault-based, law-enforcement rules that in their application are by nature somewhat piecemeal. A prospective concentration rule is needed because once markets become concentrated, situations are common in which neither disciplinary new entry nor retrospective conduct remedies can restore competition. The deeper problem inherent in competition policy, which demonstrates the significance of institutions as well as ideas, is that such a rule is also most difficult to enforce. That is so because markets in their ordinary operation are confusing and contradictory to watch, and the hardest interventions for government to defend to a skeptical public are those that are prospective. Finally, however, it so happens that one institutional correction currently on the legislative agenda could conceivably do some good in correcting for this problem—a specific plank in congressional Democrats’ “Better Deal” platform.

In a bid to attract foreign direct investments (FDI) into the energy sector, Nigeria has signed many investment and energy-related treaties. However, many of these treaties have not been ratified and domesticated as required by the 1999 Nigerian Constitution and as such cannot be applied by domestic courts when necessary. This raises serious legal questions on the status of the various energy investment-relevant treaties Nigeria has signed. This is especially relevant to bilateral investment treaties (BITs) where their non-domestication renders their provisions not legally binding on domestic courts. It becomes problematic in situations where certain provisions in BITs such as the exhaustion of local remedies (ELR), fork-in-the-road (FITR), denial of justice and expropriation claims, require disputes to be addressed (at least initially) in domestic courts before international arbitration is accessed. This article provides an analysis of various ways non-domestication of treaties could affect the investment interests of a dualist country such as Nigeria that is actively seeking to attract FDI for the development of its energy sector. Pointing out the implications and various ways both investors' and Nigeria's interests could be undermined, it argues for a reform in the way treaties are implemented in Nigeria to facilitate their domestication.

From 1924 to 1928, authorities of the British Mandate in Transjordan expended considerable energy trying to prove that the extensive lands on the Transjordanian side of the Ghawr (Jordan River Valley) known as Ghawr Abi עUbayda were not waqf but mīrī lands, as several parties had claimed over the years.1 British authorities established both an investigative commission and a special court to rule on the question as part of their wider attempt to regulate land matters in the new Emirate of Transjordan. These legal remedies succeeded not because the British resorted to unilateral colonial fiat but because of their strict accordance with Ottoman law, to the detriment of local custom regarding land usage. By enforcing these laws through the decisions of the commission and the court, the British hoped to forestall the disposal of land for what they considered partisan political purposes, thus averting political unrest and a loss of revenue.

The increasing number of judgments delivered by the Strasbourg Court in cases of human rights violations stemming from a systemic problem in the domestic legal system of a contracting State (so called "structural violations") and the development of the caselaw on the obligation of States to adopt general measures under Article 46 ECHR to remove the causes of such violations (including by amending the relevant legislation) are reinforcing the idea of Court as a sort of pan-European constitutional jurisdiction entrusted with the mandate to safeguard the European public order. At the same time, the "collective" dimension of the protection mandate must always be balanced against the need to afford individual justice to the "victims, calling for a better coordination of the two concurring interests. The article focuses on how to ensure that structural violations of ECHR rights caused by defects of domestic legislation are dealt with in accordance to the principle of subsidiarity, which is at the core of the entire protection mechanism established by the Convention. After highlighting the role of subsidiarity in respect of this particular kind of violations, the author explores two possible alternative developments of the Strasbourg case-law which would contribute to strengthening the cooperation between domestic constitutional jurisdictions and the ECHR system in those States (like Italy) where individuals do not enjoy direct access to constitutional justice. Notably, the author suggests a reinterpretation of the rule of previous exhaustion of domestic remedies in order to allow national judges to assess in the first place whether a law is compatible with the ECHR; in the alternative, the Court should conclude for a violation of the right to an effective remedy under Article 13, imposing on the contracting State the obligation to provide forms of individual constitutional justice at the domestic level that would ensure the "subsidiary management" of structural violations and of the mass litigation arising thereout

The doctrine of habeas corpus is that no one should be imprisoned contrary to the law of the land. The habeas corpus review is used as a form of inquiry issued to test whether a conviction or restraint is lawful. However, before having a chance to present their case before a federal forum, state prisoners have to fulfill the state’s gatekeeping requirements, such as the exhaustion of all available state remedies, requirements of the Anti-Terrorism and Effective Death Penalty Act, and the absence of procedural default. Procedural default arises when the state court declines to address a prisoner’s federal claims because the prisoner failed to meet a state procedural requirement. To overcome the procedural default the petitioner has to satisfy the “cause-and-prejudice test.” In many cases the fulfillment of the “cause” element is often based on the claim of ineffective assistance of counsel. To prove the ineffective assistance of counsel, the petitioner has to satisfy the test consisting of two prongs: establishing the deficient performance of counsel and demonstrating that the deficient performance prejudiced the defense. In federal proceedings the rule is to raise the claim of the ineffective assistance of counsel in the collateral review. However, the right to a counsel does not extend to collateral attacks upon conviction, including a post-conviction appeal. Moreover, the counsel’s deficient performance does not constitute a basis for a procedural default reversal in the post-conviction claim. The abovementioned assertation may pose a question: what happens when the defendant is eligible to raise the ineffective assistance of counsel claim only in the collateral proceeding and the counsel representing the defendant in such a proceeding does not raise the claim?The Supreme Court resolved this matter in the decision from the Martinez v. Ryan case. The Court allowed for treating inefficient assistance of post-conviction counsel as a cause that could reverse procedural default. Taking into consideration the amount of ineffective assistance of counsel claims in habeas corpus review, the Martinez v. Ryan case may influence a fair amount of individuals seeking their constitutional rights and give them their last chance to contest unfair conviction.Nieefektywna pomoc obrońcy jako przesłanka wniosku o habeas corpus w postępowaniu po skazaniu Wniosek o habeas corpus jest środkiem, który umożliwia osobie pozbawionej wolności zbadanie przez sąd legalności jej skazania. Przed skorzystaniem z tej możliwości skazany powinien wyczerpać wszelkie możliwe środki służące ponownemu zbadaniu legalności skazania, przysługujące mu na podstawie prawa stanowego. Ponadto wnioskodawca powinien uczynić zadość wszelkim stanowym przepisom proceduralnym. W wypadku niezadośćuczynienia temu obowiązkowi sąd stanowy nie rozpozna wniosku, chyba że wnioskodawca udowodni, iż nie mógł spełnić wymogów proceduralnych z powodów, na które nie miał wpływu. Wnioskodawcy w takiej sytuacji bardzo często powołują się na nieefektywną pomoc obrońcy. Zasadą jest, iż na nieefektywną pomoc obrońcy w postępowaniu przed sądem federalnym można powołać się poza postępowaniem głównym obejmującym rozpoznanie sprawy w I i II instancji. Prawo do obrony zagwarantowane w szóstej poprawce do Konstytucji Stanów Zjednoczonych nie rozciąga się jednak na postępowania poza postępowaniem głównym. Skazani nie mogą zatem powołać się na nieefektywną pomoc obrońcy, aby odwrócić stan niezadośćuczynienia obowiązkom proceduralnym wynikającym z prawa stanowego. Taki stan rzeczy budził wiele wątpliwości. W wypadku gdy pełnomocnik wnioskodawcy w postępowaniu poza postępowaniem głównym nie powoła się na nieefektywną pomoc obrońcy, który reprezentował skazanego w postępowaniu w I lub II instancji, wnioskodawca nie będzie mógł później wnosić o habeas corpus na tejże podstawie, gdyż wymagania proceduralne prawa stanowego nie zostały spełnione.Do tego problemu odniósł się Sąd Najwyższy w orzeczeniu w sprawie Martinez v. Ryan. Sąd dopuścił możliwość powołania się przez wnioskodawcę na nieefektywną pomoc obrońcy w postępowaniu poza postępowaniem głównym jako przesłankę niemożności zaspokojenia wymogów proceduralnych postępowania przed sądem stanowym. Biorąc pod uwagę, iż w ponad połowie postępowań związanych z wnioskiem o habeas corpus wnioskodawcy powołują się na nieefektywną pomoc obrońców, orzeczenie to ma ogromny wpływ na doktrynę habeas corpus.

Abstract The exhaustion of local remedies (“ELR”) rule is applicable in the settlement of maritime disputes, and it is not limited to the case of diplomatic protection. So far the manner in which the tribunals under the UN Convention on the Law of the Sea dealt with the ELR issue in the cases of the flag State’s protection has raised the concern that the rule may become a dead letter in practice. Although the cases involved the protection of natural and legal persons by States, the tribunals rejected the objections to the admissibility of claims raised by the respondents based on the ELR rule in all cases. However, the approaches in which the tribunals dealt with the ELR issue are questionable, and the practice of the International Tribunal for the Law of the Sea contains dual imbalances. In the case of a mixed claim, the preponderance test suggested by the International Law Commission should be employed to determine the nature of the plaintiff’s claim as a whole. The test was mentioned in several cases, but it was not used correctly.

Parallel imports are goods that are placed into a market in one country which subsequently are traded without the authorisation of the holder of intellectual property rights (‘IPRs’) belonging to those goods in another country. Whether a sale in one nation exhausts the rights of the IPR holder determines the legality of an ‘unauthorised’ resale. The 1996 Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS’) provided substantive minimum IPRs and non-discriminatory treatment with an underlying goal that IPRs ‘do not themselves become barriers to legitimate trade’. Art. 6 of TRIPS reflects the failure of the parties to TRIPS to resolve the question of exhaustion rights by declaring that TRIPS does not define an obligation on a nation to adopt a particular rule regarding exhaustion of IPRs. This paper articulates that economic analysis of parallel imports and their effects on incentives to innovate lead to the conclusion that certain policies regarding exhaustion rights are more efficient than others on the global scale. Further, a single, rigid uniform rule is, however, unlikely to lead to such a maximally efficient state and would be limited in its ability to address local needs such as specific healthcare exigencies. Therefore, this paper attempts to answer whether a uniform supranational rule regarding parallel imports is desirable, and if so, what such a rule should look like. The section ‘Background principles of IPRs: exhaustion and first-sale’ discusses the background principles of exhaustion rights and parallel imports. The section ‘An economic perspective on exhaustion and parallel imports’ examines economic perspectives towards parallel imports. The section ‘IPRs and the need for flexibility in a uniform rule’ examines the justifications for IPRs individually, that is qua patents or qua trade marks, and asserts that a uniform rule must allow flexibility in light of the differing justifications for IPRs. The section ‘A framework for a flexible rule on exhaustion’ suggests an exhaustion rule and framework. In light of recent economic analyses regarding the effect of parallel imports on incentives to innovate and economic efficiency, a flexible system of national exhaustion only (restrictive of parallel imports) between countries with high trade costs and a system of regional exhaustion among countries with low trade costs is proposed. A procedural framework whereby a country can make an individualised showing of need with respect to particular IPRs in particular goods, for example patent rights in pharmaceuticals, achieves flexibility. An international accord would ensure that deviations from an ideal rule are minimised (thereby limiting negative externalities) but allow local economies to make choices regarding critical local concerns. In particular, the resulting market segmentation would provide cost benefits and the flexibility in the rule would allow additional optimisation with respect to narrow, defined concerns. In summary, two main arguments are made: (1) national exhaustion of rights only (no international exhaustion) with provisions for regional exhaustion in the case of closely linked trading nations is the best uniform rule; and (2) consensus is more likely to be achieved if a uniform rule provides flexibility for countries to deviate at least temporarily from the uniform rule when local exigencies so require.

State supervision of local government authorities, a requirement of the rule of law, is discussed in relation to municipalities. State supervisory authorities are required to advise and support local government authorities. Supervision at various state levels takes place as legal supervision, which only includes the supervision of legality in matters of the municipality’s original competence, and as functional supervision that also supervises expediency in matters transferred by the state. The legality principle (intervention in all cases) is modified by the expediency principle (discretion). A number of remedies are available for implementing both legal and functional supervisory measures. Where municipalities consider that the supervisory measures, whether legal or functional, violate their rights of selfgovernment, they have recourse to the courts.

Low cycle fatigue tests and finite element (FEM) analysis were conducted using 100A pipe bend specimens made of STPT410 carbon steel with and without local wall thinning local wall thinning was machined on the inside of the elbow and was prepared at extrados, crown, and intrados. The parameters of the wall thinning were same (the wall thinning ratio = 0.5, the wall thinning angle = 180 deg, and the wall thinning length = 100 mm) in the all test cases. The pipe bend specimens were subjected to the prescribed cyclic in-plane bending displacement with constant internal pressure of 0–12 MPa. Also, low cycle fatigue tests using sound pipe bend specimens were carried out for comparison. According to the test results, low cycle fatigue strength of wall thinned pipe bend specimens was not so different, regardless of location of wall thinning. Low cycle fatigue strength of the pipe bend specimens was beneath the best fit fatigue curve and its reason can be explained quantitatively by a proposed cumulated damage rule introducing ductility exhaustion considering multi-axial stress state. The validity of the new proposed cumulative damage rule was also confirmed by the another sample analysis using other reference data obtained by pre-overloaded in-plane cyclic bending tests.

<p align="center"><strong><em>A</em></strong><strong><em>b</em></strong><strong><em>s</em></strong><strong><em>t</em></strong><strong><em>r</em></strong><strong><em>a</em></strong><strong><em>c</em></strong><strong><em>t</em></strong></p><p><em>T</em><em>h</em><em>i</em><em>s research is conducted to get a legal argumentation related to responsibility of Indonesia on protection of its citizen, especially migrant workers. The question will be answered by determining the norms and principles that underlie Indonesia in protecting the human rights of its citizens. The sources of this research are international conventions, customary international law, doctrine, legal instruments in Indonesia and some of publications concerning the state responsibility to protect migrant workers. The legal sources collected by study documentation are analyzed by interpretation and content analysis. The results show that the general legal principles in which become basic of Indonesia associated with its obligation to provide protection of human rights of women migrant workers are based on the principle of nationality/citizenship of Indonesia, the principle of pacta sunt servanda, the principle of exhaustion of local remedies, the shift in meaning of the sovereignty principle and recognition principles theory of natural rights which inherent in every human being. While the norms are contained in the Migration for Employment Convention (Revised), 1949 (No. 97), the Convention on Migrant Workers (Supplementary Provisions), 1975 (No. 143), United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1</em><em>9</em><em>9</em><em>0</em><em>.</em></p><p><strong><em>Key words: </em></strong><em>human rights, migrant workers, obligations, international law</em></p><p align="center"><strong>A</strong><strong>b</strong><strong>s</strong><strong>t</strong><strong>ra</strong><strong>k</strong></p><p>Penelitian ini dilakukan untuk memperolah gambaran yang lebih mendalam mengenai tanggung jawab Negara Indonesia dalam memberikan perlindungan terhadap hak-hak warga negaranya, khususnya pekerja migran. Penulis mencoba menjawab permasalahan tersebut dari sisi normatif yaitu dengan mendasarkan pada norma-norma dan prinsip-prinsip yang mewajibkan setiap negara termasuk Indone- sia untuk melindungi hak asasi warga negaranya. Bahan penelitian yang digunakan meliputi perjanjian- perjanjian internasional, doktrin, hukum kebiasaan internasional, peraturan perundang-undangan di Indonesia, serta beberapa publikasi yang terkait dengan kewajiban negara atas perlindungan pekerja migran. Bahan hukum yang dikumpulkan melalui studi dokumen selanjutnya dianalisis melalui interpretasi teks dan analisis isi. Hasil pembahasan menunjukkan bahwa prinsip-prinsip hukum umum yang menjadi dasar Indonesia terkait dengan kewajibannya untuk memberikan perlindungan HAM pekerja migran didasarkan pada prinsip nasionalitas, prinsip <em>pacta sunt servanda</em>, prinsip <em>exhaustion of local remedies</em>, pergeresan makna prinsip kedaulatan dan diakuinya prinsip teori hak-hak kodrati yang melekat dalam diri setiap manusia. Sedangkan norma-normanya terdapat dalam Konvensi Migrasi untuk Pekerjaan (Revisi), 1949 (No. 97), Konvensi Pekerja Migran (Ketentuan-Ketentuan Tambahan), 1975 (No. 143), <em>United Nations Convention on The Protection of The Rights of All Migran Workers and Member of Their Families </em>tahun 1990.</p><strong>Kata kunci: </strong>hak asasi manusia (HAM), pekerja migran, kewajiban, hukum internasional

For once I want to be the car crash, Not always just the traffic jam. Hit me hard enough to wake me, And lead me wild to your dark roads. (Snow Patrol: “Headlights on Dark Roads”, Eyes Open, 2006) I didn’t know about the online dating site rsvp.com.au until a woman who I was dating at the time showed me her online profile. Apparently ‘everyone does rsvp’. Well, ‘everyone’ except me. (Before things ended I never did ask her why she listed herself as ‘single’ on her profile…) Forming relationships in our era of post-institutional modes of sociality is problematic. Some probably find such ‘romantically’ orientated ‘meet up’ sites to be a more efficient option for sampling what is available. Perhaps others want some loving on the side. In some ways these sites transform romance into the online equivalent of the logistics dock at your local shopping centre. ‘Just-in-time’ relationships rely less on social support structures of traditional institutions such as the family, workplace, and so on, including ‘love’ itself, and more on a hit and miss style of dating, organised like a series of car crashes and perhaps even commodified through an eBay-style online catalogue (see Crawford 83-88). Instead of image-commodities there are image-people and the spectacle of post-romance romance as a debauched demolition derby. Is romance still possible if it is no longer the naïve and fatalistic realisation of complementary souls? I watched Paul Thomas Anderson’s third film Punch-Drunk Love with the above rsvp.com.au woman. She interpreted it in a completely different manner to me. I shall argue (as I did with her) that the film captures some sense of romance in a post-romance world. The film was billed as a comedy/romance or comedy/drama, but I did not laugh either with or at the film. The story covers the trials of two people ‘falling in love’. Lena Leonard (Emma Watson) orchestrates an encounter with Barry Egan (Adam Sandler) after seeing a picture of him with his seven sisters. The trajectory of the romance is defined less by the meeting of two people, than the violence of contingency and of the world arrayed by the event of love. Contingency is central to complexity theory. Contingency is not pure chance, rather it exists as part of the processual material time of the event that defines events or a series of events as problematic (Deleuze, The Logic of Sense 52-53). To problematise events and recognise the contingencies they inculcate is to refuse the tendency to colonise the future through actuarial practices, such as ‘risk management’ and insurance or the probabilistic ‘Perfect Match’ success of internet dating sites (mirroring ‘Dexter’ from the 1980s dating television game show). Therefore, through Punch-Drunk Love I shall problematise the event of love so as to resuscitate the contingencies of post-romance romance. It is not surprising Punch-Drunk Love opens with a car crash for the film takes romance on a veritable post-Crash detour. Crash – novel and film – serves as an exploration of surfaces and desire in a world at the intersection of the accident. Jean Baudrillard, in his infamous essay on Crash (novel), dwells on the repositioning of the accident: [It] is no longer at the margin, it is at the heart. It is no longer the exception to a triumphal rationality, it has become the Rule, it has devoured the Rule. … Everything is reversed. It is the Accident that gives form to life, it is the Accident, the insane, that is the sex of life. (113) After the SUV rolls over in Punch-Drunk Love’s opening scene, a taxi van pauses long enough for an occupant to drop off a harmonium. A harmonium is a cross between an organ and a piano, but much smaller than both. It is a harmony machine. It breathes and wheezes to gather potentiality consonant sound waves of heterogeneous frequencies to produce a unique musicality of multiplicative resonance. No reason is given for the harmonium in the workings of the film’s plot. Another accident without any explanation, like the SUV crash, but this time it is an accidental harmony-machine. The SUV accident is a disorganising eruption of excess force, while the accidental harmony-machine is a synthesising organisation of force. One produces abolition, while the other produces a multiplicative affirmation. These are two tendencies that follow two different relations to the heterogeneous materialism of contingency. Punch-Drunk Love captures the contingency at the heart of post-romance romance. Instead of the layers of expectation habituated into institutional engagements of two subjects meeting, there is the accident of the event of love within which various parties are arrayed with various affects and desires. I shall follow Alain Badiou’s definition of the event of love, but only to the point where I shall shift the perspective from love to romance. Badiou defines love by initially offering a series of negative definitions. Firstly, love is not a fusional concept, the ‘two’ that is ‘one’. That is because, as Badiou writes, “an ecstatic One can only be supposed beyond the Two as a suppression of the multiple” (“What Is Love?” 38). Secondly, nor is love the “prostration of the Same on the alter of the Other.” Badiou argues that it is not an experience of the Other, but an “experience of the world [i.e. multiple], or of the situation, under the post-evental condition that there were Two” (“What Is Love?” 39). Lastly, the rejection of the ‘superstructural’ or illusory conception of love, that is, to the base of desire and sexual jealously (Badiou, “What Is Love?” 39). For Badiou love is the production of truth. The truth is that the Two, and not only the One, are at work in the situation. However, from the perspective of romance, there is no post-evental truth procedure for love as such. In Deleuze’s terminology, from the perspective of post-romance the Two serves an important role as the ‘quasi-cause’ of love (The Logic of Sense 33), or for Badiou it is the “noemenal possibility [virtualite]” (“What Is Love?” 51). The event of the Two, and, therefore, of love, is immanent to itself. However, this does not capture the romantic functioning of love swept up in the quasi-cause of the Two. Romance is the differential repetition of the event of love to-come and thus the repetition of the intrinsic irreducible wonder at the heart of the event. The wonder at love’s heart is the excess of potentiality, the excitement, the multiplicity, the stultifying surprise. To resuscitate the functioning of love is to disagree with Badiou’s axiom that there is an absolute disjunction between the (nominalist) Two. The Two do actually share a common dimension and that is the radical contingency at the heart of love. Love is not as a teleological destiny of the eternal quasi-cause, but the fantastic impossibility of its contingent evental site. From Badiou’s line of argument, romance is precisely the passage of this “aleatory enquiry” (“What is Love?” 45), of “the world from the point of view of the Two, and not an enquiry of each term of the Two about the other” (49). Romance is the insinuation of desire into this dynamic of enquiry. Therefore, the functioning of romance is to produce a virtual architecture of wonder hewn from seeming impossibility of contingency. It is not the contingency in itself that is impossible (the ‘chaosmos’ is a manifold of wonderless-contingency), but that contingency might be repeated as part of a material practice that produces love as an effect of differentiating wonder. Or, again, not that the encounter of love has happened, but that precisely it might happen again and again. Romance is the material and embodied practice of producing wonder. The materiality of romance needs to be properly outlined and to do this I turn to another of Badiou’s texts and the film itself. To explicate the materialism of romance is to begin outlining the problematic of romance where the material force of Lena and Barry’s harmony resonates in the virtuosic co-production of new potentialities. The practice of romance is evidenced in the scene where Lena and Barry are in Hawaii and Lena is speaking to Barry’s sister while Barry is watching her. A sense of wonder is produced not in the other person but of the world as multiplicity produced free from the burden of Barry’s sister, hence altering the material conditions of the differential repetition of contingency. The materialism in effect here is, to borrow from Michel Foucault, an ‘incorporeal materialism’ (169), and pertains to the virtual evental dimension of love. In his Handbook of Inaesthetics, Badiou sets up dance and theatre as metaphors for thought. “The essence of dance,” writes Badiou, “is virtual, rather than actual movement” (Handbook of Inaesthetics 61), while theatre is an “assemblage” (72) which in part is “the circulation of desire between the sexes” (71). If romance is the deliberate care for the event of love and its (im)possible contingency, then the dance of love requires the theatre of romance. To include music with dance is to malign Badiou’s conception of dance by polluting it with some elements of what he calls ‘theatre’. To return to the Hawaii scene, Barry is arrayed as an example of what Badiou calls the ‘public’ of theatre because he is watching Lena lie to his sister about his whereabouts, and therefore completes the ‘idea’ of theatre-romance as a constituent element (Badiou, Handbook of Inaesthetics 74). There is an incorporeal (virtual) movement here of pure love in the theatre of romance that repotentialises the conditions of the event of love by producing a repeated and yet different contingency of the world. Wonder triggered by a lie manifest of a truth to-come. According to Badiou, the history of dance is “governed by the perpetual renewal of the relation between vertigo and exactitude. What will remain virtual, what will be actualized, and precisely how is the restraint going to free the infinite?” (Handbook of Inaesthetics 70). Importantly, Badiou suggests that theatrical production “is often the reasoned trial of chances” (Handbook of Inaesthetics 74). Another way to think the materiality of romance is as the event of love, but without Badiou’s necessary declaration of love (“What Is Love?” 45). Even though the ‘truth’ of the Two acts as quasi-cause, love as such remains a pure (‘incorporeal’) Virtuality. As a process, there is no “absolute disappearance or eclipse” that belongs to the love-encounter (“What Is Love?” 45), thus instead producing a rhythmic or, better, melodic heterogeneous tension between the love-dance and romance-theatre. The rhythm-melody of the virtual-actual cascade is distributed around aleatory contingencies as the event of love is differentially repeated and is therefore continually repotentialised and exhausted at the same time. A careful or graceful balance needs to be found between potentiality and exhaustion. The film contains many examples of this (re)potentialising tension, including when Lena achieves the wonder of the ‘encounter’ by orchestrating a meeting. Similarly, Barry feigns a ‘business trip’ to Hawaii to meet up with Lena. This is proceeded by the increased urgency of Barry’s manipulation of the frequent flyer miles reward to meet with up with Lena. The tension is affective – both anxious and exciting – and belongs to the lived duration of contingency. In the same way as an actual material dance floor (or ‘theatre’ here) is repeated across multiple incorporeal dimensions of music’s virtuality through the repotentialisation of the dancer’s body, the multiple dimensions of love are repeated across the virtuality of the lovers’ actions through the repotentialisation of the conditions of the event of love. Punch-Drunk Love frames this problematic of romance by way of a second movement that follows the trajectory of the main character Barry. Barry is a depressive with an affect regulation problem. He flies into a rage whenever a childhood incident is mentioned and becomes anxious or ‘scared’ (as one sister described him) when in proximity to Lena. He tries to escape from the oppressive intimacy of his family. He plays with ‘identity’ in a childlike manner by dressing up as a businessman and wearing the blue suit. His small business is organised around selling plungers used to unblock toilets to produce flow. Indeed, Barry is defined by the blockages and flows of desire. His seven-sister over-Oedipalised familial unit continually operates as an apparatus of capture, a phone-sex pervert scam seeks to overcode desire in libidinal economy that becomes exploited in circuits of axiomatised shame (like an online dating site?), and a consumer rewards program that offers the dream of a frequent-flyer million-miles (line of) flight out of it all. ‘Oedipal’ in the expanded sense Deleuze and Guattari give the term as a “displaced or internalised limit where desire lets itself be caught. The Oedipal triangle is the personal and private territoriality that corresponds to all of capitalism’s efforts at social reterritorialisation” (266). Barry says he wants to ‘diversify’ his business, which is not the same thing as ‘expanding’ or developing an already established commercial interest. He does not have a clear idea of what domain or type of business he wants to enter into when diversifying. When he speaks to business contacts or service personnel on the phone he attempts to connect with them on a level of intimacy that is uncomfortably inappropriate for impersonal phone conversations. The inappropriate intimacy comes back to haunt him, of course, when a low-level crook attempts to extort money from him after Barry calls a phone sex line. The romance between Lena and Barry develops through a series of accident-contingencies that to a certain extent ‘unblocks’ Barry and allows him to connect with Lena (who also changes). Apparent contingencies that are not actually contingencies need to be explained as such (‘dropping car off’, ‘beat up bathrooms’, ‘no actual business in Hawaii’, ‘phone sex line’, etc.). Upon their first proper conversation a forklift in Barry’s business crashes into boxes. Barry calls the phone sex line randomly and this leads to the severe car crash towards the end of the film. The interference of Barry’s sisters occurs in an apparently random unexpected manner – either directly or indirectly through the retelling of the ‘gayboy’ story. Lastly, the climatic meeting in Hawaii where the two soon-to-be-lovers are framed by silhouette, their bodies meet not in an embrace but a collision. They emerge as if emitted from the throngs of the passing crowd. Barry has his hand extended as if they were going to shake and there is an audible grunt when their bodies collide in an embrace. To love is to endure the violence of a creative temporality, such as the production of harmony from heterogeneity. As Badiou argues, love cannot be a fusional relation between the two to make the one, nor can it be the relation of the Same to the Other, this is because the differential repetition of the conditions of love through the material practice of romance already effaces such distinctions. This is the crux of the matter: The maximum violence in the plot of Punch-Drunk Love is not born by Lena, even though she ends up in hospital, but by Barry. (Is this merely a masculinist reading of traditional male on male violence? Maybe, and perhaps why rsvp.com.au woman read it different to me.) What I am trying to get at is the positive or creative violence of the two movements within the plot – of the romance and of Barry’s depressive social incompetence – intersect in such a way to force Barry to renew himself as himself. Barry’s explosive fury belongs to the paradox of trying to ‘mind his own business’ while at the same time ‘diversifying’. The moments of violence directed against the world and the ‘glass enclosures’ of his subjectivity are transversal actualisations of the violence of love (on function of ‘glass’ in the film see King). (This raises the question, perhaps irrelevant, regarding the scale of Badiou’s conception of truth-events. After Foucault and Deleuze, why isn’t ‘life’ itself a ‘truth’ event (for Badiou’s position see Briefings on Existence 66-68)? For example, are not the singularities of Barry’s life also the singularities of the event of love? Is the post-evental ‘decision’ supposed to always axiomatically subtract the singular truth-supplement from the stream of singularities of life? Why…?) The violence of love is given literal expression in the film in the ‘pillow talk’ dialogue between Barry and Lena: Barry: I’m sorry, I forgot to shave. Lena: Your face is so adorable. Your skin and your cheek… I want to bite it. I want to bite on your cheek and chew on it, you’re so fucking cute. Barry: I’m looking at your face and I just wanna smash it. I just wanna fucking smash it with a sledgehammer and squeeze you, you’re so pretty… Lena: I wanna chew your face off and scoop out your eyes. I wanna eat them and chew them and suck on them… Barry: [nodding] Ok…yes, that’s funny… Lena: Yeah… Barry: [still nodding] This’s nice. What dismayed or perhaps intrigued Baudrillard about Crash was its mixing of bodies and technologies in a kind of violent eroticism where “everything becomes a hole to offer itself to the discharge reflex” (112). On the surface this exchange between Barry and Lena is apparently an example of such violent eroticism. For Baudrillard the accident is a product of the violence of technology in the logistics of bodies and signs which intervene in relations in such a way to render perversity impossible (as a threshold structuration of the Symbolic) because ‘everything’ becomes perverse. However, writer and director of Punch-Drunk Love, Paul Anderson, produces a sense of the wondrous (‘Punch-Drunk’) violence that is at the heart of love. This is not because of the actual violence of individual characters; in the film this only serves as a canvas of action to illustrate the intrinsic violence of contingency. Lena and Barry’s ‘pillow talk’ not so much as a dance but a case of the necessary theatre capturing the violence and restraint of love’s virtual dance. ‘Violence’ (in the sense it is used above) also describes the harmonic marshalling of the heterogeneous materiality of sound affected by the harmonium. The ‘violence’ of the harmonium is decisively expressed through the coalescence of the diegetic and nondiegetic soundtracks at the end of the film when Barry plays the harmonium concurrently with Jon Brion’s score for the film. King notes, the “diegetic and nondiegetic music playing together is a moment of cinematic harmony; Barry, Lena, and the harmonium are now in sync” (par. 19). The notes of music connect different diegetic and nondiegetic series which pivot around new possibilities. As Deleuze writes about the notes played at a concert, they are “pure Virtualities that are actualized in the origins [of playing], but also pure Possibilities that are attained in vibrations or flux [of sound]” (The Fold 91). Following Deleuze further (The Fold 146-157), the horizontal melodic movement of romance forms a diagonal or transversal line with the differentially repeated ‘harmonic’ higher unity of love. The unity is literally ‘higher’ to the extent it escapes the diegetic confines of the film itself. For Deleuze “harmonic unity is not that of infinity, but that which allows the existent to be thought of as deriving from infinity” (The Fold 147, ital. added). While Barry is playing the harmonium in this scene Lena announces, “So here we go.” These are the final words of the film. In Badiou’s philosophy this is a declaration of the truth of love. Like the ‘higher’ non/diegetic harmony of the harmonium, the truth of love “composes, compounds itself to infinity. It is thus never presented integrally. All knowledge [of romance] relative to this truth [of the Two, as quasi-cause] thus disposes itself as an anticipation” (“What is Love?” 49). Romance is therefore lived as a vertiginous state of anticipation of love’s harmony. The materiality of romance does not simply consist of two people coming together and falling in love. The ‘fall’ functions as a fatalistic myth used to inscribe bodies within the eschatological libidinal economies of ‘romantic comedies’. To anneal Baudrillard’s lament, perversity obviously still has a positive Symbolic function on the internet, especially online dating sites where anticipation can be modulated through the probabilistic manipulation of signs. In post-romance, the ‘encounter’ of love necessarily remains, but it is the contingency of this encounter that matters. The main characters in Punch-Drunk Love are continually arrayed through the contingencies of love. I have linked this to Badiou’s notion of the event of love, but have focused on what I have called the materiality of romance. The materiality of romance requires more than a ‘fall’ induced by a probabilistic encounter, and yet it is not the declaration of a truth. The post-evental truth procedure of love is impossible in post-romance romance because there is no ‘after’ or ‘supplement’ to an event of love; there is only the continual rhythm of romance and anticipation of the impossible. It is not a coincidence that the Snow Patrol lyrics that serve above as an epigraph resonate with Deleuze’s comment that a change in the situation of Leibnizian monads has occurred “between the former model, the closed chapel with imperceptible openings… [to] the new model invoked by Tony Smith [of] the sealed car speeding down the dark highway” (The Fold 157). Post-Crash post-romance romance unfolds like the driving-monad in an aleatory pursuit of accidents. That is, to care for the event of love is not to announce the truth of the Two, but to pursue the differential repetition of the conditions of love’s (im)possible contingency. This exquisite and beautiful care is required for the contingency of love to be maintained. Hence, the post-romance problematic of romance thus posited as the material practice of repeating the wonder at the heart of love. References Badiou, Alain. Briefings on Existence: A Short Treatise on Transitory Ontology. Trans. Norman Madrasz. Albany, New York: State U of New York P, 2006. ———. Handbook of Inaesthetics. Trans. Alberto Toscano. Stanford, Calif.: Stanford UP, 2005. ———. “What Is Love?” Umbr(a) 1 (1996): 37-53. Baudrillard, Jean. Simulacra and Simulation. Ann Arbor: U of Michigan P, 1994. Crawford, Kate. Adult Themes: Rewriting the Rules of Adulthood. Sydney: Macmillan, 2006. Deleuze, Gilles. The Fold: Leibniz and the Baroque. Minneapolis: U of Minnesota P, 1993. ———. The Logic of Sense. Trans. Mark Laster and Charles Stivale. European Perspectives. Ed. Constantin V. Boundas. New York: Columbia UP, 1990. Deleuze, Gilles, and Félix Guattari. Anti-Oedipus: Capitalism and Schizophrenia. Minneapolis: U of Minnesota P, 1983. Foucault, Michel. “Theatricum Philosophicum.” Language, Counter-Memory, Practice: Selected Essays and Interviews. Ed. D. F. Bouchard. New York: Cornell UP, 1977. 165-96. King, Cubie. “Punch Drunk Love: The Budding of an Auteur.” Senses of Cinema 35 (2005). Citation reference for this article MLA Style Fuller, Glen. "Punch-Drunk Love: A Post-Romance Romance." M/C Journal 10.3 (2007). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0706/03-fuller.php>. APA Style Fuller, G. (Jun. 2007) "Punch-Drunk Love: A Post-Romance Romance," M/C Journal, 10(3). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0706/03-fuller.php>.