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Books on the topic 'It also has its drawbacks. In this article'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Bleich, Erik, and Maurits van der Veen. Covering Muslims. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197611715.001.0001.

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For decades, scholars and observers have criticized negative media portrayals of Muslims and Islam. Yet most of these critiques are limited by their focus on one specific location, a limited time period, or a single outlet. This book offers the first systematic, large-scale analysis of American newspaper coverage of Muslims through comparisons across groups, time, countries, and topics. It demonstrates conclusively that coverage of Muslims is strikingly negative by every comparative measure examined. Muslim articles are negative relative to those touching on Catholics, Jews, or Hindus, and to

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2

Thomas, Weigend. Part IV The ICC and its Applicable Law, 22 Indirect Perpetration. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0022.

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Indirect perpetration is a mode of perpetration provided for in Article 25(3)(a) of the ICC Statute. According to the Statute, indirect perpetration requires that the perpetrator commits the offence ‘through another person’, regardless of whether that other person is criminally responsible. Drawing partly on German doctrine, the ICC has interpreted the concept of indirect perpetration to include using a hierarchical organization for making another person commit a crime (organizational control). The Court has also recognized the possibility that several persons jointly commit a crime as indirec

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Amal, Clooney, and Webb Philippa, eds. The Right to a Fair Trial under Article 14 of the ICCPR. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192897923.001.0001.

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This is the companion book to The Right to a Fair Trial in International Law. As we observe in that book, understanding the right to a fair trial may require reference not only to its interpretation by courts, treaty bodies, special rapporteurs, experts, and scholars, but also to the preparatory work of the treaty (travaux préparatoires) and the circumstances of its conclusion. The travaux are a supplementary means of interpretation, used to confirm the meaning resulting from the application of principles of treaty interpretation or to determine the meaning when the interpretation ‘leaves the

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Jan, Wouters, and Odermatt Jed. 2 Legal Powers, 2.3 Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter) , International Court of Justice, Advisory Opinion, [1962] ICJ Rep 151. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0012.

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The International Court of Justice’s 1962 Advisory Opinion Certain Expenses of the United Nations relates to a relatively narrow legal question. The Court was asked to decide whether expenses authoriszed by the UN General Assembly relating to peacekeeping missions constituted ‘expenses of the organization’ according to art. 17(2) of the UN Charter. In deciding this question, the Court elaborates on some important issues for international law and the law of international organizations including the doctrine of implied powers, treaty interpretation in the context of the UN Charter, the doctrine

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Weimer, Maria. Risk Regulation in the Internal Market. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198732792.001.0001.

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This book offers a topical inquiry into the legal and political limits of European Union regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intersection between environmental, public health, economic, and social concerns in risk regulation. The text analyses the drawbacks of the European Union approach to agricultural biotechnology showing that its reductionism, that is, the narrow understanding of the risks associated with

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Mahoney, James, and Diana Rodríguez-Franco. Dependency Theory. Edited by Carol Lancaster and Nicolas van de Walle. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199845156.013.13.

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This article focuses on dependency theory and its influence on scholarly work in the field of international development. After tracing the roots of dependency theory, the article considers its relationship to the international economy, multinational capital, the local bourgeoisie, and the state. It then discusses dependency theory as a set of general concepts and orientations for formulating theories and explanations, as well as a set of directly testable and falsifiable hypotheses. It also emphasizes the utility of dependency theory for explaining the historical trajectories of development in

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Kaufman, Bruce E. The Development of HRM in Historical and International Perspective. Edited by Peter Boxall, John Purcell, and Patrick M. Wright. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199547029.003.0002.

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The human resource function in the business enterprise has its origins in the rise of modern industry in the late nineteenth century. This article provides a survey of its historical development both as a functional area of management practice and as an area of research and teaching in universities. Although, for reasons to be described, the bulk of attention is on the United States, The article endeavors to put the subject in an international context. Also provided is an account of the field's progress, shortcomings, and controversies.

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William A, Schabas. Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.38 The Presidency/La Présidence. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0043.

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This chapter comments on Article 38 of the Rome Statute of the International Criminal Court. Article 38 deals with the Presidency, one of the four ‘organs of the Court’ listed in article 34. The Presidency is made up of three judges, elected by their peers. It is responsible for the proper administration of the Court, through management oversight, coordination, and cooperation. It oversees the judicial functions, and has specific responsibilities in this respect assigned by the Statute. The Presidency also assumes a role representing the Court at the international level, broadening its support

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9

Allen, Colin, James W. Grau, and Mary W. Meagher. The Lower Bounds of Cognition: What Do Spinal Cords Reveal? Edited by John Bickle. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780195304787.003.0006.

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This article examines the role of the spinal cords in cognition. It reviews animal science research that challenges the view that behavioral responses to sensory stimuli that do not involve brain mediation are fixed, automatic, and non-cognitive in nature. This research has shown the spinal cord to be a flexible and interesting learning system in its own right. This article discusses the consequences of these findings for philosophical understanding of the relationship between learning, cognition, and even consciousness. The article also explains the relevant concepts of instrumental condition

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Gerring, John. The Case Study: What it is and What it Does. Edited by Carles Boix and Susan C. Stokes. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199566020.003.0004.

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This article presents a reconstructed definition of the case study approach to research. This definition emphasizes comparative politics, which has been closely linked to this method since its creation. The article uses this definition as a basis to explore a series of contrasts between cross-case study and case study research. This article attempts to provide better understanding of this persisting methodological debate as a matter of tradeoffs, which may also contribute to destroying the boundaries that have separated these rival genres within the subfield of comparative politics.

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William A, Schabas. Part 11 Assembly of States Parties: Assemblée Des États Parties, Art.112 Assembly of States Parties/Assemblée des États Parties. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0117.

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This chapter comments on Article 112 of the Rome Statute of the International Criminal Court. Article 112 establishes the Assembly of States Parties. The Assembly plays an important role in the operations of the Court, acting in its own right and through its subsidiary bodies such as the Committee on Budget and Finance. The Assembly meets once a year for about two weeks. Its responsibilities are assured on a continuous basis through its permanent Secretariat and its Bureau. In addition to what are essentially administrative functions, the Assembly of States Parties also has a legislative role.

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Patmore, Glenn. A Legal Perspective on Employee Participation. Edited by Adrian Wilkinson, Paul J. Gollan, Mick Marchington, and David Lewin. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780199207268.003.0004.

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This article examines a specific aspect of regulation: that covering indirect participation at the workplace through employee committees. The purpose of these committees is to provide representative consultation or structured communication between employee representatives and management. This form of participation is regulated through voluntary and collective agreements as well as through legislation. The article focuses on the regulation that institutionalizes consultation through workplace representatives. At the same time, though to a lesser extent, attention is given to the important relat

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Musa, Shavana. Globalising Security Law for a Globalised Arms Trade. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0010.

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The constant evolution of the ever-globalising arms trade has posed complex questions as to its regulation. This article attempts to address the question of whether globalising law and regulation of the arms trade is the answer, particularly given the rapid rate at which all aspects of this industry are evolving, its pluralistic character and the increasing authority that diverse involved actors have. It is the case that in the last few years, the global community has managed to agree to the Arms Trade Treaty (ATT). This shows a significant step in the global governance of an inherently global

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Cook, Ian, and Divya P. Tolia‐Kelly. Material Geographies. Edited by Dan Hicks and Mary C. Beaudry. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199218714.013.0003.

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Geographers' engagements with materiality over the past decade have become the topic of widespread and sometimes heated debate. A steady trickle of articles has appeared critiquing the ‘dematerialization’ and advocating the ‘rematerialization’ of social and cultural geography, and claims have been made that wider ‘materialist returns’ are under way across the discipline. In the introduction to his edited collection on materiality, anthropologist Daniel Miller discusses how ethnographers constantly encounter the contradictory juxtaposed and incommensurable in their work. This article elaborates

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William A, Schabas. Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.11 Jurisdiction ratione temporis /Compétence ratione temporis. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0014.

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This chapter comments on Article 11 of the Rome Statute of the International Criminal Court. Article 11 states that the Court only has jurisdiction over crimes committed since its entry into force, that is, since July 1, 2002. Article 11(1) is related to articles 22 and 24, both of which also contemplate the temporal application of the Statute. In particular article 24(1), which specifies that ‘No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute’, essentially restates the norm expressed in article 11(1), although from the standp

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Bhargava, Rajeev. Political Secularism. Edited by John S. Dryzek, Bonnie Honig, and Anne Phillips. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199548439.003.0035.

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This article examines the flaws and criticism on political secularism. It explains that secularism is a beleaguered doctrine and it is also contested in political theory. Critics of secularism claim that it is linked to a flawed modernization, has a mistaken view of rationality and its importance in human life, and fails to appreciate the importance of communities in the life of religious people. This article discusses the conceptual and normative structure of secularism and evaluates what ethical gains or losses might ensue in the movement from a secular state to one that grants more importan

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William A, Schabas. Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.12 Preconditions to the exercise of jurisdiction/Conditions préalables à l’exercice de la compétence. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0015.

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This chapter comments on Article 12 of the Rome Statute of the International Criminal Court. Article 12 was ‘[p]erhaps the most difficult compromise in the entire negotiations’. At the Rome Conference, there was a range of views on the ‘preconditions’ for jurisdiction, ranging from the narrow proposals of the United States restricting the Court's jurisdiction to nationals of States Parties, to a form of universal jurisdiction by which the Court would be able to prosecute any crime committed anywhere, providing that it could obtain custody over the offender. Article 12 establishes a general rul

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William A, Schabas. Part 12 Financing: Financement, Art.118 Annual audit/Vérification annuelle des comptes. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0123.

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This chapter comments on Article 118 of the Rome Statute of the International Criminal Court. Article 118 provides for appointment of an independent auditor to audit the records, books, and accounts of the Court, including its annual financial statements. The article, however, does not identify the body responsible for this task. Specific provision for the audit appears in the Financial Regulations and Rules, adopted at the first session of the Assembly of States Parties. They declare that the Assembly appoints the Auditor, which may be ‘an internationally recognized firm of auditors or an Aud

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LaFollette, Hugh. Introduction. Edited by Hugh LaFollette. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199284238.003.0001.

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Practical ethics has only recently come into its own as a sub-discipline within philosophy. This article briefly describes the nature of practical ethics and its major subfields. It presents the theme of this book: This text discusses key issues in practical ethics. In each case the text not only maps the conceptual territory, but actively explores the landscape. The plan is to provide a book that gives a sense of the main moves and main participants in the relevant debate, while also advancing that debate.

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Firth, Antony. Submerged Prehistory in the North Sea. Edited by Ben Ford, Donny L. Hamilton, and Alexis Catsambis. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199336005.013.0034.

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This article looks at the prehistory of the North Sea. The North Sea has a long human history and is geographically extensive. This article gives information about artifacts excavated from coastal exposures, dating back to 700,000 years. It describes the model used to study submerged prehistoric contexts in the North Sea. Marine aggregates play a central role in the investigation of submerged prehistory. The submerged river gravels are considered to be of high potential for prehistoric archaeology, which establishes a direct relationship between submerged prehistory and marine aggregate dredgi

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21

Reimann, Mathias, and Reinhard Zimmermann, eds. The Oxford Handbook of Comparative Law. Oxford University Press, 2006. http://dx.doi.org/10.1093/oxfordhb/9780199296064.001.0001.

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The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. The book contains forty-three articles. The aim of each article is to provide an accessible, original, and critical account of comparative law in its respective area. Each article also includes a short bibliography referencing the definitive works in the field. The book is divided into three main sec

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Streib, Jessi, SaunJuhi Verma, Whitney Welsh, and Linda M. Burton. Life, Death, and Resurrections. Edited by David Brady and Linda M. Burton. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199914050.013.12.

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This article examines the culture of poverty thesis, focusing on its many lives, deaths, and reincarnations. It first considers the intellectual history of the culture of poverty thesis before discussing how the argument has been interspersed throughout U.S. history and applied to various groups. It then considers the argument’s scholarly reproduction, noting how it is underlain by a binary whereby segments of the poor, racial minorities, and immigrants are positioned as having a deviant, morally suspect culture that undermines their potential upward mobility, whereas white middle- and upper-c

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Buckley, Peter, and Mark Casson. Strategic Complexity in International Business. Edited by Alan M. Rugman. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199234257.003.0004.

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In retrospect there have been significant theoretical achievements in international business (IB) over the past forty years, but the prospects are not so good. This article provides a prospective view of international business. If IB is to regain its influence within the social sciences as a whole, it is necessary to reintegrate it into mainstream intellectual debate. One way in which this can be done is to introduce more refined analytical techniques into IB theory. This article recommends that the rational action approach to modelling should be expanded in order to address a wider range of I

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Heilbron, John L. Was There a Scientific Revolution? Edited by Jed Z. Buchwald and Robert Fox. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199696253.013.2.

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This article asks whether there was a Scientific Revolution (SR) at anytime between 1550 and1800. The label ‘Scientific Revolution’ to indicate a period in the development of natural knowledge in early modern Europe has carved a place in historiography. This article suggests that there was SR, if SR signifies a period of time; perhaps, if it is taken as a metaphor. It illustrates how the deployment of the metaphor to seventeenth-century natural knowledge might be accomplished. It also considers the physics of René Descartes, the influence of Cartesianism throughout the Republic of Letters, and

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Warde, Alan. Eating. Edited by Frank Trentmann. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199561216.013.0019.

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Among the copious research on consumption in the last couple of decades, historians and historical accounts have made some most trenchant and fruitful contributions. However, our improved understanding of the operation of, for want of a better concept, consumer culture, has, despite its apparent potential, had limited impact on the analysis of eating. This article reviews recent scholarship in the field of eating and food consumption, and uses the lens of the globalization thesis to explore how goods, people, and ideas have come to circulate in ways that affect eating habits. It argues that sc

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Witting, Christian. 22. Privacy actions in tort. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811169.003.0022.

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This chapter examines the privacy action in tort. It explains that the tort has its origins in the equitable wrong of breach of confidence. It discusses the gist and elements of this tort and highlights the influence of Article 8 of the European Convention on Human Rights on the case law. This chapter also discusses potential defences, which include consent to the disclosure and the differential treatment of private information in the public domain.

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Eileen, Denza. Commencement of Privileges and Immunities. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0044.

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This chapter examines Article 39.1 of the Vienna Convention on Diplomatic Relations which deals with the commencement of privileges and immunities given to members of the diplomatic mission of the sending State. The Article states that every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry as may be agreed. This notion was based on the view that p

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Chappell, M. Jahi. Global Movements for Food Justice. Edited by Ronald J. Herring. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780195397772.013.015.

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This article examines La Vía Campesina (LVC), or the International Peasant Farmers' movement. The LVC, founded by farm leaders in 1993, is currently made up of 148 peasant organizations in sixty-nine countries. LVC claims to represent the interests of at least 200 million farmers and has been touted as the largest and one of the most important social movements in the world. The article describes the LVC's fight for normatively defensible values-for a food system reflecting ideals of ethics and justice-and its quest to develop defensible lifespaces for small farmers in terms of socioeconomic, e

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William A, Schabas. Part 8 Appeal and Revision: Appel et Révision, Art.83 Proceedings on appeal/Procédure d’appel. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0088.

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This chapter comments on Article 83 of the Rome Statute of the International Criminal Court. Article 83 sets out a general principle by which the Appeals Chamber shall have all the powers of the Trial Chamber with respect to proceedings under articles 81 and 83. It sets out the powers of the Appeals Chamber when it considers a final verdict of a Trial Chamber. It gives it the power to modify a sentence that it considers to be disproportionate to the crime. It deals with the requisite majority of the Appeals Chamber and the possibility of separate or dissenting opinions. It also entitles the Ap

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Fillafer, Franz Leander, and Jürgen Osterhammel. Cosmopolitanism and the German Enlightenment. Edited by Helmut Walser Smith. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199237395.013.0006.

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The European Enlightenment has long been regarded as a host of disembodied, self-perpetuating ideas typically emanating from France and inspiring apprentices at the various European peripheries. This article focuses on the idea of cosmopolitanism in the context of the German Enlightenment. There clearly was a set of overarching purposes of emancipation and improvement, but elaborating and pursuing ‘the Enlightenment’ also involved a ‘sense of place’. The Enlightenment maintained that human reason was able to understand nature unaided by divine revelation, but attuned to its truths; many Enligh

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Classen, Joseph, and Katja Stefan. Changes in TMS Measures induced by repetitive TMS. Edited by Charles M. Epstein, Eric M. Wassermann, and Ulf Ziemann. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780198568926.013.0016.

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This article reviews several protocols of repetitive transcranial magnetic stimulation (rTMS)-induced plasticity. rTMS, when applied to the motor cortex or other cortical regions of the brain, may induce effects that outlast the stimulation period. The neural plasticity, which emerges as a result of such interventions, has been studied to gain insight into plasticity mechanisms of the brain. In two protocols the structure of rTMS trains is modified, informed by the knowledge of the physiological properties of the corticospinal system. Pulse configuration, stimulus frequency, stimulus intensity

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Timmermann, Carsten. Chronic Illness and Disease History. Edited by Mark Jackson. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199546497.013.0022.

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This article discusses that with a new focus on patients and the quality of care, illness experiences have become an important topic in recent years in scholarly and biographical literature, but also in the wider world of newspaper, inviting comparisons with nineteenth-century accounts of consumptive lives and deaths. This article is about continuities of consumption and tuberculosis and the historical change that has obscured them. It discusses the belief in medical progress and its power, informed by laboratory research in bacteriology and physiology, replacing the feeling of impotence chara

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McCormick, Lisa. Music Sociology in a New Key. Edited by Jeffrey C. Alexander, Ronald N. Jacobs, and Philip Smith. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780195377767.013.27.

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This article examines how scholarship in the sociology of music has been dominated by an economic framework known as the production/consumption paradigm. It first traces the history of the production/consumption paradigm through its appearance in key texts, showing how it changes as it passes from Theodor W. Adorno and Pierre Bourdieu to the American production of culture perspective. It then presents a thematic overview of the literature and highlights the strengths of established research agendas as well as the blind spots that reveal the need for a more cultural approach. It also considers

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Sonja, Meier. Ch.11 Plurality of obligors and of obligees, s.1: Plurality of Obligors, Art.11.1.7. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0220.

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This commentary analyses Article 11.1.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of expiration or suspension of the limitation period. Joint and several obligations do not necessarily share the same fate in terms of limitation periods. Under Art 11.1.7(1), the limitation period of the obligee's rights against one obligor has expired while the limitation period of its rights against another obligor has not. This commentary explains how the expiration of limitation period affects the obligee's claims against other obligors. It also considers

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Kuner, Christopher, Lee A. Bygrave, Christopher Docksey, and Laura Drechsler, eds. The EU General Data Protection Regulation (GDPR). Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198826491.001.0001.

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This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, th

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Ziemann, Ulf. Pharmacology of TMS measures. Edited by Charles M. Epstein, Eric M. Wassermann, and Ulf Ziemann. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780198568926.013.0013.

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This article discusses various aspects of the pharmacology of transcranial magnetic stimulator (TMS) measures. TMS measures reflect axonal, or excitatory or inhibitory synaptic excitability in distinct interneuron circuits. TMS measures can be employed to study the effects of a drug with unknown or multiple modes of action, and hence to determine its main mode of action at the systems level of the motor cortex. TMS experiments can also study acute drug effects that may be different from chronic drug effects. TMS or repetitive TMS may induce changes in endogenous neurotransmitter or neuromodula

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Fassoulaki, Argyro. Local anaesthetic creams. Edited by Paul Farquhar-Smith, Pierre Beaulieu, and Sian Jagger. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780198834359.003.0013.

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Using topical anaesthesia before puncturing veins and arteries or inserting needles in the epidural space is a prerequisite for ameliorating pain elicited by the insertion of needles or catheters. In the eighties, Hanks and White published an article in which they described a number of local anaesthetic creams which were beginning to be used to prevent pain due to needle punctures; in particular, they described an anaesthetic cream called EMLA, which contained a eutectic mixture of lidocaine and prilocaine. The use of this cream was particularly welcome in children. Although, eventually, newer

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Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.3: Assignment of contracts, Art.9.3.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0195.

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This commentary analyses Article 9.3.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the obligee's consent as a requirement for the assignment of contracts. As the assignment of a contract involves the transfer of obligations, it is necessary for the other party, the obligee of these obligations, to give its consent. The rationale for this rule is that the change of obligor may considerably affect the obligee's position. Therefore, the change may not be imposed on the other party. The other party must give its consent to the transfer of the contract. Furthe

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Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0130.

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This commentary analyses Article 7.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the right of a contracting party to withhold or suspend performance. Art 7.1.3 lays down the exceptio non adimpleti contractus and confers on a contracting party the right to withhold or suspend performance if the other party does not comply with its obligations. Where the parties are to perform simultaneously, either party may withhold performance until the other party tenders its performance. Where the parties are to perform consecutively, the party that is to perform lat

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Sever, Mehmet Şükrü, and Raymond Vanholder. Acute kidney injury in polytrauma and rhabdomyolysis. Edited by Norbert Lameire. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780199592548.003.0252_update_001.

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The term ‘polytrauma’ refers to blunt (or crush) trauma that involves multiple body regions or cavities, and compromises physiology to potentially cause dysfunction of uninjured organs. Polytrauma frequently affects muscles resulting in rhabdomyolysis. In daily life, it mostly occurs after motor vehicle accidents, influencing a limited number of patients; after mass disasters, however, thousands of polytrauma victims may present at once with only surgical features or with additional medical complications (crush syndrome). Among the medical complications, acute kidney injury (AKI) deserves spec

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Wiseman, Hannah. Hydraulic Fracturing and Legal Frameworks. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199935352.013.32.

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An oil and gas extraction technique called hydraulic fracturing has been common in the United States for many decades. However, a recent change in this technique—the development of a specific fracturing or “fracking” practice called slickwater or slickwater fracturing—has turned the world of petroleum extraction on its head, opening up massive new deposits of oil and gas in the United States and around the world. This article uses the United States as a case study of the benefits and risks of fracturing and the legal frameworks that apply to this practice, exploring how the legal approach has

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Schmitt, Michael N. The Use of Cyber Force and International Law. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0053.

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This chapter focuses on the use of cyber force on and off the battlefield within the framework of international law. Drawing on the work of the Tallinn Manual on the International Law Applicable to Cyber Warfare (2013), it considers the jus ad bellum issues surrounding cyber operations. In particular, it examines when cyber operations violate the prohibition on the use (or threat) of force set forth in Article 2(4) of the UN Charter and customary international law, and when a state that has been the target of cyber operations may retaliate with its own use of force. The chapter also discusses

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Curd, Patricia. Anaxagoras and the Theory of Everything. Edited by Patricia Curd and Daniel W. Graham. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780195146875.003.0008.

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Anaxagoras of Clazomenae proposed a theory of everything. Like other Presocratics, Anaxagoras addressed topics that could now be placed outside the sphere of philosophical inquiry: not only did he explore metaphysics and the nature of human understanding but he also offered explanations in physics, meteorology, astronomy, physiology, and biology. His aim seems to have been to explain as completely as possible the world in which human beings live, and one's knowledge of that world; thus he seeks to investigate the universe from top to bottom. This article explores Anaxagoras's world from its ba

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Bellamy, Richard. Citizenship. Edited by George Klosko. Oxford University Press, 2011. http://dx.doi.org/10.1093/oxfordhb/9780199238804.003.0034.

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Normative theorizing about citizenship has been dominated by three different models—the republican, the legal, and the liberal democratic—reflecting respectively the civic experiences of city republics, empires, and nation-states. The first two originated in ancient Greece and Rome. These provided the classical models of citizenship not only by belonging to the “classical” period of history but also in setting the terms of much later debate. The key contemporary debate surrounds whether we are witnessing the emergence of a fourth, cosmopolitan, model of citizenship appropriate to a global age,

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Sonja, Meier. Ch.11 Plurality of obligors and of obligees, s.1: Plurality of Obligors, Art.11.1.10. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0223.

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This commentary analyses Article 11.1.10 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the extent of contributory claim of the performing obligor against its co-obligors. In a contractual setting, joint and several obligations arise because the obligors obliged themselves by a common commitment towards the obligee or by separate commitments in the knowledge of the commitments of the other obligors. Contribution between joint and several obligors is a generally accepted principle. Art 11.1.10 provides for a personal claim of the performing obligor against it

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Hochman, Gilberto, Nísia Trindade Lima, and Marcos Chor Maio. The Path of Eugenics in Brazil: Dilemmas of Miscegenation. Edited by Alison Bashford and Philippa Levine. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780195373141.013.0030.

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This article deals with the diffusion of eugenics in Brazil that occurred in the context of the social and economic problems associated with widespread infectious and parasitic diseases, and are often regarded as a serious obstacle to Brazil's successful transformation into a nation. It explains that Brazilian eugenics has brought together a wide range of professionals—physicians, journalists, and lawyers—and involves a series of different and sometimes contradictory responses to local challenges of national identity. It proceeds with the discussion of racial theories and Brazilian dilemmas at

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Vanberg, Georg, and Viktor Vanberg. Contractarian Perspectives in Law and Economics. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.020.

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This article sketches the distinct perspective that a contractarian approach can bring to law and economics. It focuses on a particularly important strand of the contractarian tradition: the constitutional political economy (CPE) research program (also known as constitutional economics), developed most fully in the work of Nobel laureate James Buchanan. Like law and economics, the CPE paradigm is primarily concerned with the comparative analysis of social, economic, and political institutions. But its foundational assumptions offer a distinct contrast to the mainstream neoclassical paradigm th

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Arthur, John. Multiculturalism. Edited by Hugh LaFollette. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199284238.003.0017.

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Few ideas are as open to different interpretations these days, or as controversial, as multiculturalism. Like many other ‘isms’ — socialism, conservatism, fascism — multiculturalism is a political movement as well as a set of philosophical, social, and political ideas. Before looking at the range of positions associated with multiculturalism, this article first describes its historical origins and the social forces that came together to create it. ‘Multiculturalism’ is a term that has, in Nathan Blum's phrase, both ‘great currency’ and ‘imprecise usage’. It is also a relatively new word, makin

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Larmer, Miles. At the Crossroads. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199935369.013.20.

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The Copperbelt region of Central Africa sits at the crossroads of political borders, trade corridors, migratory flows, and identity formations. The division of the region by a colonial/national border shaped not only its differential political economy, but also how this was perceived and represented. At the heart of all such representations was the relationship between minerals and their supposed capacity to effect economic, political, and social transformation. This article analyzes how this relationship has been understood and articulated from the precolonial period until today, and the ways

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Franklin, Charles H. Quantitative Methodology. Edited by Janet M. Box-Steffensmeier, Henry E. Brady, and David Collier. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199286546.003.0035.

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This article reviews the history of the quantitative methodology institutions, Inter-university Consortium for Political and Social Research (ICPSR), and the American Political Science Association's Political Methodology Section. It also highlights the role of organizations and institutions in promoting and structuring the development of quantitative methodology in political science. The development of summer programs in quantitative methods is described. There was a market niche for methodology both as a subfield on its own, and as a direct contributor to improving substance through improved

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