Bücher: „Convention de compromis“

1

Córdova, Alexis Guerra, und Carlos Giménez Lizarzado. Desarrollo humano integral: Compromiso de todos. Barquisimeto, Venezuela: Universidad Centroccidental Lisandro Alvarado, 2014.

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2

The original compromise: What the Constitution's framers were really thinking. New York: Oxford University Press, 2012.

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3

Urban, Pappi Franz, Hrsg. European Union intergovernmental conferences: Domestic preference formation, transgovernmental networks and the dynamics of compromise. Milton Park, Abingdon, Oxon: Routledge, 2009.

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4

1863-1951, Wilson George Grafton, International Peace Conference (1st : 1899 : Hague, Netherlands) und International Peace Conference (2nd : 1907 : Hague, Netherlands), Hrsg. The Hague arbitration cases: Compromis and awards with maps in cases decided under the provisions of the Hague Conventions of 1899 and 1907 for the Pacific Settlement of International Disputes and texts of the conventions. Littleton, Colo: F.B. Rothman, 1990.

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5

Por los derechos de la infancia y de la adolescencia: Un compromiso mundial desde el derecho de participación en el XX aniversario de la Convención sobre los Derechos del Niño. Barcelona: Bosch, 2009.

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6

Kozuka, Souichirou. Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions. Springer International Publishing AG, 2017.

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7

Kozuka, Souichirou. Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions. Springer International Publishing AG, 2018.

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8

Grewal, J. S. The Akali–Congress Compromise. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199467099.003.0021.

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Authorized by a convention of all Sikh parties, Master Tara Singh, with four other Sikh leaders, met Jawaharlal Nehru on 24 October 1955. Maulana Azad and G.B. Pant were also present. The talks were ‘friendly but rather vague’. On 8 February 1956, a plan, generally known as the Regional Formula, was discussed by the Sikh leaders. In his address to the All-India Akali Conference on 11 February, Master Tara Singh dwelt on Punjabi Suba as the real solution for the Punjab problem. But the Akali Dal accepted the Regional Formula in March 1956. Furthermore, the Akali Dal Working Committee resolved in September 1956 to implement the Formula. The constitution of the Akali Dal was suitably amended and the Akali legislators joined the Congress party.

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9

Robertson, David Brian. Original Compromise: What the Constitution's Framers Were Really Thinking. Oxford University Press, Incorporated, 2017.

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10

Brems, Eva. Conclusion—Conflicting Views on Conflicting Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795957.003.0013.

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These concluding reflections analyse the approaches and stances adopted across the volume and, on that basis, highlight some of the bones of contention in current human rights scholarship on conflicting (Convention) rights. The first matter on which opinions diverge is ‘to name or not to name’, i.e. whether or not to explicitly identify a conflict between Convention rights. The second is that of ‘choice versus compromise’, i.e. whether a finding of conflicting rights automatically leads to a solution that prioritizes one right over the other, or whether instead a compromise between the conflicting rights is preferable. The third issue is that of ‘balancing’ as opposed to other approaches that allow to prioritize among conflicting rights. The final issue, on which diverging opinions are discussed, is that of subsidiarity and the margin of appreciation.

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11

Gajda, Alexandra. The Gordian Knot of Policy. Herausgegeben von Malcolm Smuts. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199660841.013.17.

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In his exploration of kingship, Shakespeare exhibits a keen engagement with contemporary debates about the conflict between classical and Christian ethics and ‘statecraft’—the morally compromised behaviour employed by successful political actors in the fallen world. This chapter explores the expression of ideas of ‘policy’ or reason of state in post-Reformation Europe and their application by English writers to monarchical rule in a world rent by religious schism. Often associated with the influence of Machiavelli, Lipsius, and Botero, princely statecraft was most prominently invoked in negative senses by authors in the great polemical battles of the Reformation, where Protestant and Catholic accused each other of manipulating religion for wicked political ends. But the notion that the prudent prince might be required to compromise conventional ethical codes for the stability of state and commonwealth gained cautious acceptance amongst some apologists for strong monarchical rule in early modern England.

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12

Stark, Alastair. Logics for Action and Conventional Wisdom. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198831990.003.0008.

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This chapter examines the logics for action that inquiry actors bring into a lesson-learning episode. Logics for action is a term that describes the knowledge-related preferences that actors use in inquiries to make decisions. Analysis of the logics in these cases leads to three specific arguments. First, that political logics for action do not compromise inquiries in the ways which inquiry research currently suggests. Second, that public-managerial logics are essential to inquiry success in terms of policy learning. Finally, that legal-judicial logics need not necessarily lead to blaming and adversarial proceedings, which derail the lesson-learning function. These three arguments once again suggest that we need to rethink much of the conventional wisdom surrounding inquiries.

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13

Pappi, Franz Urban, und Paul W. Thurner. European Union Intergovernmental Conferences: Domestic Preference Formation, Transgovernmental Networks and the Dynamics of Compromise. Taylor & Francis Group, 2013.

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14

Pappi, Franz Urban, und Paul W. Thurner. European Union Intergovernmental Conferences: Domestic Preference Formation, Transgovernmental Networks and the Dynamics of Compromise. Taylor & Francis Group, 2009.

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15

Pappi, Franz Urban, und Paul W. Thurner. European Union Intergovernmental Conferences: Domestic Preference Formation, Transgovernmental Networks and the Dynamics of Compromise. Taylor & Francis Group, 2009.

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16

Pappi, Franz Urban, und Paul W. Thurner. European Union Intergovernmental Conferences: Domestic Preference Formation, Transgovernmental Networks and the Dynamics of Compromise. Taylor & Francis Group, 2009.

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17

Pappi, Franz Urban, und Paul W. Thurner. European Union Intergovernmental Conferences: Domestic Preference Formation, Transgovernmental Networks and the Dynamics of Compromise. Taylor & Francis Group, 2009.

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18

Michael F, Sturley. Part II To Arbitrate or Not to Arbitrate? The Grey Area of Contracts of Carriage, 6 The Modern International Conventions Governing the Carriage of Goods by Sea: The Lonely Exceptions to the Maritime Law’s Widespread Preference for Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198757948.003.0006.

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The two most recent international conventions governing the carriage of goods by sea—the Hamburg Rules and the Rotterdam Rules—include provisions that limit the enforcement of arbitration clauses in international commercial transactions. This chapter examines the arbitration provisions of those two recent conventions, explaining the theory behind their unusual approach. Although the arbitration provisions may seem illogical when considered in isolation, when examined in context they form a sensible part of a larger regime. Critics may question the policy choices that have been made in crafting those regimes, but those choices were largely driven by commercial considerations as affected stakeholders agreed on a compromise solution to a practical problem. In the end, the arbitration provisions are a sensible way to give effect to those policy choices.

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19

Gerard, McMeel. Part II Related Doctrines, 11 New Horizons: Good Faith, Contractual Discretions, and Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0011.

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This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’)—Article 6 and Article 1 of Protocol 1. To conclude, the chapter examines a human rights case in Khan v Khan, in the context of an alleged compromise arising out of a family partnership in the Muslim community.

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20

Wilson, George Grafton. The Hague Arbitration Cases: Compromis and Awards, with Maps, in Cases Decided Under the Provisions of the Hague Conventions of 1899 and 1907 for the ... Disputes and Texts of the Conventions. Franklin Classics, 2018.

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21

Wilson, George Grafton. The Hague Arbitration Cases: Compromis and Awards, with Maps, in Cases Decided Under the Provisions of the Hague Conventions of 1899 and 1907 for the ... Disputes and Texts of the Conventions. Franklin Classics Trade Press, 2018.

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22

Hague Arbitration Cases: Compromis and Awards, with Maps, in Cases Decided under the Provisions of the Hague Conventions of 1899 and 1907 for the Pacific Settlement of International Disputes and Texts of the Conventions. Creative Media Partners, LLC, 2018.

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23

Franzen, Trisha. Creating Her Vision. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038150.003.0007.

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This chapter examines the middle years of Anna Howard Shaw's presidency—from planning for the 1909 the National American Woman Suffrage Association (NAWSA) Convention in Seattle through the 1912 convention in Philadelphia. While analyses critical of Shaw's presidency have most frequently used the upheavals of these years as the basis for judging Shaw as a failure as an administrator, the gains of these years as well as the full context and origins of these organizational conflicts have received scant in-depth attention. Class and race issues are especially significant for analyzing both Shaw's legacy as a leader and the positions of the suffrage movement as a whole. Money tensions had always haunted the NAWSA, but the fact that Shaw drew a salary for her presidency and had access to monies beyond the control of the NAWSA treasurer raised suspicions among the privileged leaders who linked financial need with corruption. That Shaw was also the strongest and most consistent supporter of universal suffrage brought additional resistance from those who were opposed to or willing to compromise on the extension of the franchise to African American and immigrant women.

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24

Thies, Janice E. Co-Existence in the Fields? GM, Organic, and Conventional Food Crops. Herausgegeben von Ronald J. Herring. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780195397772.013.36.

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A central tenet in a free society is the freedom to choose how to conduct one’s life and manage one’s property, with the responsibility to see that these same freedoms are ensured for others. Considerable effort must be expended to enable freedom of choice among a population, particularly in contentious circumstances, and especially in open systems, such as agriculture. The emergence of conventional agriculture, which relies on the heavy use of synthetic, agrochemical inputs required that concessions/compromises be made, largely by organic farmers, to enable conventional and organic agriculture to co-exist. The advent of genetically modified (GM) crops presents unique co-existence issues, particularly in light of the natural ability of transgenic organisms to hybridize, reproduce, and spread in the environment. Means by which the integrity of organic, conventional and GM farming systems might be assured in order to preserve and ensure farmer and consumer choice is discussed.

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25

Lirette, Lesley, und Marc A. Huntoon. Atlanto-Axial Joint Injection: Computed Tomography and Fluoroscopy. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199908004.003.0012.

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Atlanto-axial (AA) joint injections can be helpful in the diagnosis and management of occipital headaches stemming from the AA joint. Because of the complicated anatomic landscape, imaging guidance is vital in addition to a sound understanding of the anatomy. Several different image modalities are available for use in AA joint blocks. Fluoroscopy is the most widely used for its familiarity, relative low cost, and wide availability. The addition of digital subtraction angiography to the conventional fluoroscope offers an additional safety benefit when performing injections near critical blood vessels. Computed tomography guidance offers a better view that allows for visualization of the soft-tissue structures; however, its risk/benefit ratio limits its use in the everyday pain practice. Flat detector CT may offer a promising compromise, incorporating delayed CT images into the conventional fluoroscopy procedure. Safety is the highest priority when performing AA joint blocks to prevent potentially devastating outcomes.

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26

Smet, Stijn. Introduction—Conflicts of Rights in Theoretical and Comparative Perspective. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795957.003.0001.

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This introductory chapter frames the book’s debate by delineating the extent of persistent reasonable disagreement on both the existence and resolution of human rights conflicts in the context of the European Convention on Human Rights. Drawing on the core arguments of the book’s substantive chapters, the introduction highlights the central cleavages in the debate. The chapter first discusses arguments deployed to deny the very existence of conflicts of rights, as well as available counterarguments. It goes on to provide insight in different strategies aimed at minimizing the occurrence of conflicts. It finally suggests that the resolution of genuine human rights conflicts runs along four axes: balancing versus non-balancing; compromise versus winner-take-all; ad hoc balancing versus definitional balancing; and substantive reasoning versus procedural checks. Where useful, the chapter provides linkages to broader scholarly and judicial debates by accentuating relevant theoretical approaches and comparative materials.

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27

David Joseph, Attard, Fitzmaurice Malgosia und Ntovas Alexandros XM, Hrsg. The IMLI Treatise On Global Ocean Governance. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823964.001.0001.

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In 1994, a long-debated compromise on the issue of seabed mining became the starting pistol for the development of modern ocean law and its complex interrelations. Now, over twenty years later, the framework set by such agreements as the 1982 United Nations Convention on the Law of the Sea (UNCLOS) has been expanded to cover contemporary concerns of environmental sustainability, economic development, social justice, human rights, security, marine pollution, and even the challenges of climate change. Yet the journey is not smooth. This book forms part of a three-volume series that looks to examine the more successful ocean law schemes and the less effective, and presses the need for change, as scientific and technological innovation, the surge in human population, and pressing moral concerns open new spaces for ocean law. In the second volume in the series, autonomous organisations working under the auspices of the UN are the target, from the World Intellectual Property Organization to the United Nations Office on Drugs and Crime: are they ensuring sustainable development, are efforts adequately administrated, and how much co-ordination is there between different legal bodies?

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28

Pellerin, Denis, Nuno Cardim und Christian Prinz. Hand-held echocardiography. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780198726012.003.0009.

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Pocket-size hand-held echocardiography (PHE) is low cost, portable, user friendly, and battery powered. Studies using PHE do not replace conventional echo studies and do not provide a complete diagnostic echocardiographic examination. PHE should be used for goal-oriented studies that include assessment of left ventricular (LV) cavity size, LV systolic function, detection of pericardial effusion, and haemodynamic compromise. Examinations using PHE have been demonstrated to be feasible and provide additional information to the physical examination. For potential users other than cardiology experts in echocardiography the accuracy of PHE data highly depends on training and competency. Emphasis must be placed on acquisition of good quality images and knowledge of pitfalls and limitations. The challenge is providing efficient training programmes to ensure competency in performing focused studies and have recognition of an appropriate threshold for seeking expert advice and full echo examination. PHE is a useful teaching tool and provides important complementary information for medical education.

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29

Mantilla, Giovanni. Lawmaking under Pressure. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501752582.001.0001.

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This book analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? The book explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. This book documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. The book not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

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30

Thomas, Scott. Diplomacy and Religion. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.154.

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Religion has long been seen as an obstacle to diplomacy, especially in disputes and conflicts that seem to be related to or motivated by religion. The very nature of religion—its concerns for dogma, truth, and certainty— would seem to be contrary to the nature of successful diplomacy, with its emphasis on empathy, dialogue, understanding, negotiation, and compromise. However, religion and diplomacy have become more interrelated since the end of the twentieth century. Globalization and the changing nature of conflict have exposed the limits of conventional diplomacy in resolving these new conflicts in a global era, and this has opened up new opportunities for religious actors involved in diplomacy. A so-called “faith-based diplomacy” has emerged, which promotes dialogue within and between religious traditions. Particularly in the Islamic world, with a new generation of theologians and politicians, it is recognized that there is a key role for religious leaders and faith-based diplomacy in the Middle East. Faith-based diplomacy can be distinguished from the traditional models of peacemaking and conflict resolution by its holistic approach to the sociopolitical healing of a conflict that has taken place. In other words, the objective of faith-based diplomacy is not only conflict resolution but also the restoration of the political order that has suffered from war and injustice, and the reconciliation of individuals and social groups.

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31

Sng, Zachary. Middling Romanticism. Fordham University Press, 2020. http://dx.doi.org/10.5422/fordham/9780823288410.001.0001.

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The book examines the “middling” work performed by writers of the Romantic period such as Lessing, Kleist, P. B. Shelley, and Hölderlin. It traces their attempts to re-imagine the middle as a constitutive principle, which begin with dislodging terms such as medium, moderation, and mediation from their conventional roles as self-evident, self-effacing tools that conduct from one pole to another or provide a compromise between two extremes. What they offer instead is a dwelling in and with the middle: an attention to intervals, interstices, and gaps that recognize their centrality to the concept of relation. This produces a profound medial ambivalence that underpins romanticism’s re-writing of conceptual pairs such as origin and destination, speaker and addressee, deficit and surplus, self and other. In this light, we might also ask what it means for us to recognize our mediated relationship to romanticism. To address this question, the readings consider romantic writing in the context of a double juxtaposition: alongside the legacy of romantic middling in the twentieth century but the classical sources about the middle that romanticism draw on. The challenge is to see romanticism as neither ancient nor modern, but as the historical hinge upon which such distinctions turn, the mirror in which our own image is mediated and cast back to us.

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32

Martinon, Jean-Paul, Hrsg. The Curatorial. Bloomsbury Publishing Plc, 2013. http://dx.doi.org/10.5040/9781350276444.

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Stop curating! And think what curating is all about. This book starts from this simple premise: thinking the activity of curating. To do that, it distinguishes between 'curating' and 'the curatorial'. If 'curating' is a gamut of professional practices for setting up exhibitions, then 'the curatorial' explores what takes place on the stage set up, both intentionally and unintentionally, by the curator. It therefore refers not to the staging of an event, but to the event of knowledge itself. In order to start thinking about curating, this book takes a new approach to the topic. Instead of relying on conventional art historical narratives (for example, identifying the moments when artistic and curatorial practices merged or when the global curator-author was first identified), this book puts forward a multiplicity of perspectives that go from the anecdotal to the theoretical and from the personal to the philosophical. These perspectives allow for a fresh reflection on curating, one in which, suddenly, curating becomes an activity that implicates us all (artists, curators, and viewers), not just as passive recipients, but as active members. As such, the Curatorial is a book without compromise: it asks us to think again, fight against sweeping art historical generalizations, the sedimentation of ideas and the draw of the sound bite. Curating will not stop, but at least with this book it can begin to allow itself to be challenged by some of the most complex and ethics-driven thought of our times.

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33

Ó Dochartaigh, Niall. Deniable Contact. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192894762.001.0001.

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Despite the importance of secret negotiations during the Northern Ireland conflict there is no full-length study of the use of back-channels in repeated efforts to end the ‘Troubles’. This book provides a textured account that extends our understanding of the distinctive dynamics of negotiations conducted in secret and the conditions conducive to the negotiated settlement of conflict. It disrupts and challenges some conventional notions about the conflict in Northern Ireland, offering a fresh analysis of the political dynamics and the intra-party struggles that sustained violent conflict and prevented settlement for so long. It draws on theories of negotiation and mediation to understand why efforts to end the conflict through back-channel negotiations repeatedly failed before finally succeeding in the 1990s. It challenges the view that the conflict persisted because of irreconcilable political ideologies and argues that the parties to conflict were much more open to compromise than the often-intransigent public rhetoric suggested. The analysis is founded on a rich store of historical evidence, including the private papers of key Irish republican leaders and British politicians, recently released papers from national archives in Dublin and London, and the papers of Brendan Duddy, the intermediary who acted as the primary contact between the IRA and the British government during key phases of engagement, including papers that have not yet been made publicly available. This documentary evidence, combined with original interviews with politicians, mediators, civil servants, and republicans, allows a vivid picture to emerge of the complex maneuvering at this intersection.

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Wilson, Bart J. The Property Species. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190936785.001.0001.

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What is property, and why does our species happen to have it? The Property Species explores how Homo sapiens acquires, perceives, and knows the custom of property, and why it might be relevant for understanding how property works in the twenty-first century. Arguing from some hard-to-dispute facts that neither the natural sciences nor the humanities—nor the social sciences squarely in the middle—are synthesizing a full account of property, this book offers a cross-disciplinary compromise that is sure to be controversial: All human beings and only human beings have property in things, and at its core, property rests on custom, not rights. Such an alternative to conventional thinking contends that the origins of property lie not in food, mates, territory, or land, but in the very human act of creating, with symbolic thought, something new that did not previously exist. Integrating cognitive linguistics with the philosophy of property and a fresh look at property disputes in the common law, this book makes the case that symbolic-thinking humans locate the meaning of property within a thing. The provocative implications are that property—not property rights—is an inherent fundamental principle of economics, and that legal realists and the bundle-of-sticks metaphor are wrong about the facts regarding property. Written by an economist who marvels at the natural history of humankind, the book is essential reading for experts and any reader who has wondered why people claim things as “Mine!,” and what that means for our humanity.

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35

Lema Vélez, Luisa Fernanda, Daniel Hermelin, María Margarita Fontecha und Dunia H. Urrego. Climate Change Communication in Colombia. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228620.013.598.

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Colombia is in a privileged position to take advantage of international climate agreements to finance sustainable development initiatives. The country is a signatory of the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreements. As a non-Annex I party to the UNFCCC, Colombia produces low emissions in relation to global numbers (0.46% of total global emissions for 2010) and exhibits biogeographical conditions that are ideal for mitigation of climate change through greenhouse gas sequestration and emission reductions. Simultaneously, recent extreme climatic events have harshly compromised the country’s economy, making Colombia’s vulnerability to climate change evident.While these conditions should justify a strong approach to climate change communication that motivates decision making and leads to mitigation and adaptation, the majority of sectors still fall short of effectively communicating their climate change messages. Official information about climate change is often too technical and rarely includes a call for action. However, a few exceptions exist, including environmental education materials for children and a noteworthy recent strategy to deliver the Third Communication to the UNFCCC in a form that is more palatable to the general public. Despite strong research on climate change, particularly related to agricultural, environmental, and earth sciences, academic products are rarely communicated in a way that is easily understood by decision makers and has a clear impact on public policy. Messages from the mass media frequently confuse rather than inform the public. For instance, television news refers to weather-related disasters, climate variability, and climate change indiscriminately. This shapes an erroneous idea of climate change among the public and weakens the effectiveness of communications on the issue.The authors contrast the practices of these sectors with those of nongovernmental organizations (NGOs) working in Colombia to show how they address the specific climate communication needs facing the country. These NGOs directly face the challenge of working with diverse population groups in this multicultural, multiethnic, and megadiverse country. NGOs customize languages, channels, and messages for different audiences and contexts, with the ultimate goal of building capacity in local communities, influencing policymakers, and sensitizing the private sector. Strategies that result from the work of interdisciplinary groups, involve feedback from the audiences, and incorporate adaptive management have proven to be particularly effective.

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Bücher zum Thema „Convention de compromis“

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