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Journal articles on the topic 'Emergency clauses'
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1
Berger, Eric. "Noncompete Clauses Creeping Into Academic Emergency Physician Contracts." Annals of Emergency Medicine 65, no. 6 (June 2015): A11—A13. http://dx.doi.org/10.1016/j.annemergmed.2015.04.019.
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Markert, Lars, and Raeesa Rawal. "Emergency Arbitration in Investment and Construction Disputes: An Uneasy Fit?" Journal of International Arbitration 37, Issue 1 (March 1, 2020): 131–42. http://dx.doi.org/10.54648/joia2020005.
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This article examines the compatibility of emergency arbitration with (1) investment treaty disputes and (2) construction disputes, respectively. The article begins by giving a brief synopsis of the evolution of emergency arbitration, following which its suitability to investment treaty disputes and construction disputes is considered. The authors provide critical analysis of the compatibility of the emergency arbitration procedure with pre-arbitral requirements in both of these categories of disputes. The authors conclude that the practices surrounding emergency arbitration need to be developed further, and specifically, the issues surrounding enforcement need to be resolved. Emergency Arbitration, Construction Arbitration, Investment Treaty Arbitration, Enforceability, Third Parties, Dynamic Interpretation of Consent, Cooling-off Clauses, Multi- Tiered Dispute Resolution Clauses
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Keith, Linda Camp, and Steven C. Poe. "Are Constitutional State of Emergency Clauses Effective? An Empirical Exploration." Human Rights Quarterly 26, no. 4 (2004): 1071–97. http://dx.doi.org/10.1353/hrq.2004.0048.
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Sinha, Amit Kumar. "Diane A. Desierto: Necessity and national emergency clauses: sovereignty in modern treaty interpretation." Indian Journal of International Law 56, no. 1 (March 2016): 123–26. http://dx.doi.org/10.1007/s40901-016-0039-y.
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Gerber, Elizabeth. "Emergency Contraception: Legal Consequences of Medical Classification." Journal of Law, Medicine & Ethics 36, no. 2 (June 2008): 428–31. http://dx.doi.org/10.1017/s1073110500011293.
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Pharmacists with religious or ethical objections to prescribing emergency contraception won the latest round in the fight over conscience clauses in a case that could have broader implications for attempts to restrict access to contraception. In Stormans, Inc. v. Selecky, a federal District Court in Washington State granted an injunction to block the enforcement of regulations that would have forbidden pharmacists to refuse to dispense emergency contraception on the grounds of religious or ethical objections. In its decision, the court applied Supreme Court abortion precedent without explicitly ruling whether emergency contraception should be legally categorized as a form of abortion or as contraception. However, the legal status of emergency contraception affects the strength of the defendants’ claims that the law was justified on the grounds of preventing sex discrimination. In neglecting to rule one way or the other, the court not only failed to adequately consider the sex discrimination claim but also may have opened the door to more restrictive regulation on contraceptives generally.
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Kahlenborn, Chris, Joseph B. Stanford, and Walter L. Larimore. "Postfertilization Effect of Hormonal Emergency Contraception." Annals of Pharmacotherapy 36, no. 3 (March 2002): 465–70. http://dx.doi.org/10.1345/aph.1a344.
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OBJECTIVE: To assess the possibility of a postfertilization effect in regard to the most common types of hormonal emergency contraception (EC) used in the US and to explore the ethical impact of this possibility. DATA SOURCES AND STUDY SELECTION: A MEDLINE search (1966–November 2001) was done to identify all pertinent English-language journal articles. A review of reference sections of the major review articles was performed to identify additional articles. Search terms included emergency contraception, postcoital contraception, postfertilization effect, Yuzpe regimen, levonorgestrel, mechanism of action, Plan B. DATA SYNTHESIS: The 2 most common types of hormonal EC used in the US are the Yuzpe regimen (high-dose ethinyl estradiol with high-dose levonorgestrel) and Plan B (high-dose levonorgestrel alone). Although both methods sometimes stop ovulation, they may also act by reducing the probability of implantation, due to their adverse effect on the endometrium (a postfertilization effect). The available evidence for a postfertilization effect is moderately strong, whether hormonal EC is used in the preovulatory, ovulatory, or postovulatory phase of the menstrual cycle. CONCLUSIONS: Based on the present theoretical and empirical evidence, both the Yuzpe regimen and Plan B likely act at × by causing a postfertilization effect, regardless of when in the menstrual cycle they are used. These findings have potential implications in such areas as informed consent, emergency department protocols, and conscience clauses.
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Połatyńska, Joanna. "Human Rights and SARS-CoV-2 – some observations on Public Emergency threating the Life of the Nation." Civitas Hominibus. Rocznik Filozoficzno-Społeczny 16, no. 1 (March 14, 2022): 73–83. http://dx.doi.org/10.25312/2391-5145.16/2021_06jp.
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This paper tackles the issue of derogation of State’s international obligations in the field of human rights protection. Although derogation clauses are often included in human rights treaties, their application is regarded as an exception rather than a rule and undergo strict scrutiny as to their legality. It is universally acknowledged that such derogation is allowed in the most severe of circumstances, usually referred as “war or other public emergency threatening the life of the nation”. The Author therefore considers whether the global COVID-19 pandemic might be categorized as such and thereby justify the measures undertaken by States to stop the spread of the coronavirus. Keywords: human rights, ECHR, public emergency, derogation of human rights, SARS-CoV-2, threat to the life of the nation
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Andriotis, Georgios. "DIANE A. DESIERTO, NECESSITY AND NATIONAL EMERGENCY CLAUSES: SOVEREIGNTY IN MODERN TREATY INTERPRETATION, LEIDEN, MARTINUS NIJHOFF, 2012." Revue québécoise de droit international 25, no. 1 (2012): 189. http://dx.doi.org/10.7202/1068646ar.
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Izutsu, Mitsuko Narita, and Katsunobu Izutsu. "Stopgap subordinators and and but: A non-canonical structure emergent from interactional needs and typological requirements." Cognitive Linguistics 28, no. 2 (May 1, 2017): 239–85. http://dx.doi.org/10.1515/cog-2015-0027.
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AbstractThe present article examines the usage of coordinators as subordinating devices. An investigation of a corpus of spoken American English reveals that and and but can occupy clause-final position and be used for marking syntactic and functional asymmetries. It has been pointed out that such final coordinators arise as a result of interactional contingencies (Barth-Weingarten 2014, Dialogism and the emergence of final particles: The case of and. In Susanne Günthner, Wolfgang Imo & Jörg Bücker (eds.), Grammar and dialogism, 335–366. Berlin & New York: Mouton de Gruyter). However, a cross-linguistic observation suggests that not all coordinators can be used as clause-final elements. Our research demonstrates that the emergence of clause-final and and but does not only come from interactional needs but also presupposes typological requirements. Head-initial (VO) languages like English, where adverbial clauses are marked by clause-initial subordinators, are subject to three competing motivations for the ordering of main and adverbial clauses (Diessel 2005, Competing motivations for the ordering of main and adverbial clauses. Linguistics 43(3). 449–470). Our study contends that clause-final coordinators serve as stopgap subordinators, which help to resolve such competition between the three motivating forces.
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Maschler, Yael. "The on-line emergence of Hebrew insubordinate she- (‘that/which/who’) clauses." Studies in Language 42, no. 3 (October 19, 2018): 669–707. http://dx.doi.org/10.1075/sl.17065.mas.
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Abstract This study examines the on-line emergence of insubordinate clauses in Hebrew conversation as constrained by local interactional contingencies, questioning traditional notions of grammatical ‘subordination’ and contributing to conceptions of grammar as a locally sensitive, temporally unfolding resource for social interaction. The clauses examined are syntactically unintegrated (unembedded in any matrix clause), or loosely-integrated (cannot be viewed unambiguously as constituting a relative, complement, or adverbial clause), yet they all begin with she- – the general ‘subordinating conjunction’ in traditional Modern Hebrew grammar. All 102 insubordinate she- clauses found throughout a 5.5 hour audio-recorded corpus were classified according to their discourse function: modal, elaborative, or evaluative/epistemic. Leaving aside the modal type, the remaining insubordinate she- clauses (N = 70, 69%) are shown to emerge on-line while speakers are busy performing a variety of tasks and responding to local interactional contingencies. In all of these cases she- functions as a generic ‘wildcard’ tying back to immediately prior discourse and projecting an elaboration/evaluation of it, in either same- or other-speaker talk. The findings concerning insubordinate clauses suggest a usage-based perspective also on canonical subordinate clauses, positioning canonical and syntactically unintegrated clauses at two ends of a continuum.
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Baten, Kristof, and Gisela Håkansson. "THE DEVELOPMENT OF SUBORDINATE CLAUSES IN GERMAN AND SWEDISH AS L2S." Studies in Second Language Acquisition 37, no. 3 (October 22, 2014): 517–47. http://dx.doi.org/10.1017/s0272263114000552.
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In this article, we aim to contribute to the debate about the use of subordination as a measure of language proficiency. We compare two theories of SLA—specifically, processability theory (PT; Pienemann, 1998) and dynamic systems theory (DST; de Bot, Lowie, & Verspoor, 2007)—and, more particularly, how they address the development of subordinate clauses. Whereas DST uses measures from the complexity, accuracy, and fluency research tradition (see Housen & Kuiken, 2009), PT uses the emergence criterion to describe language development. We focus on the development of subordinate clauses and compare how subordination as such is acquired and how the processing procedures related to a specific subordinate clause word order are acquired in the interlanguage of second language German and Swedish learners. The learners’ language use shows that the use of subordination (as measured by a subordination ratio) fluctuates extensively. From the beginning of data collection, all learners use subordinate clauses, but their use of subordinate clauses does not increase linearly over time, which is expected by DST. When focusing on processability and the emergence of subordinate clause word order, however, a clear linear developmental sequence can be observed, revealing a clear difference between the nonacquisition and the acquisition of the subordinate clause word order rules. Our learner data additionally reveal a different behavior regarding lexical and auxiliary or modal verbs.
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Tremblay, Guy. "Les situations d'urgence qui permettent en droit international de suspendre les droits de l'homme." Les Cahiers de droit 18, no. 1 (April 12, 2005): 3–60. http://dx.doi.org/10.7202/042154ar.
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This article describes and comments the types of emergency situations which are recognised by the international law of human rights as justifying suspension of specific rights and freedoms. The European standards on this matter are extensively analysed, and subsidiary consideration is given to many connected agreements and reports sponsored by international organisations. The introduction asks whether the public danger must always be "officially proclaimed". It then indicates what state organs should be competent to declare an emergency and to what extent their decisions in this respect are liable to effective judicial and political control. On the availability of such checks depends the enforcement of those further safeguards which international bills of rights have set with respect to when a crisis actually prevails. The first Chapter considers the terms whereby the derogation clauses of international charters of human rights refer to emergency situations and draws upon the construction which has been officially given to the relevant provisions. The definition of a public danger may be more or less encompassing and consequently more or less permissive. Thus, the reference in article 4(3)(c) of the European Convention on Human Rights to threats to the "well-being" in addition to threats to the "life" of the community has significantly broadened the scope of emergency exceptions to the freedom from forced or compulsory labour. Under the American Convention on Human Rights, derogatory measures can be taken when a situation "threatens the independence or security of a State Party", and it is demonstrated that this provides no valuable test as to whether a proclamation of emergency corresponds to an actual danger. The same is true of the expression "(threat to) the interests of the people" which appeared in the drafts of both the European Convention and the UN Covenant on Civil and Political Rights. These two agreements, as well as the European Social Charter, condone the taking of derogatory measures wherever the "life of the nation" is endangered, and the meaning of this phrase is studied in the light of the relevant preparatory works and the judicial pronouncements of the European Commission and Court of Human Rights. In the second Chapter, critical sets of circumstances involving revolutionary elements are considered with a view to ascertaining whether they meet the requirements of international bills or rights as regards the nature of the crisis. The main problem which was brought before the European Commission with respect to this matter is raised by the coming to power of an unconstitutional government. Has such a government the right to derogate from the Convention in order to preserve its own existence? An affirmative answer was given in the First Greek Case. Nevertheless, it is submitted that the Report of the Commission on this Case embodies a considerably hardened approach as compared to its earlier case-law. Moreover, on the merits of the Case, the Commission has not stuck to the right question and has overlooked the main element: it has, in fact, decided that on April 21, 1967, no public emergency threatened, the life of the constitutional, rather than the revolutionary, Government of Greece and it has not drawn at all upon the effects of the occurence of the coup itself. Threats to the territorial integrity of Contracting Parties are then shortly discussed and, with particular reference to self-determination, it is shown that most derogation clauses favour the preservation of the status quo. The same would hold good when it comes to threats to democracy as such, whether they be raised lawfully or not. In this connection, the European Commission appears to have qualified the sweeping language that it originally used in the German Communist Party Case. As to duration, finally. Chapter three asks whether the periods just preceding and just following a public danger are themselves covered by the relevant derogatory provisions. Anticipatory proclamations of emergency are invariably accepted as legitimate. All derogation clauses indicate that it is the threat which must be actual and not the hostilities, though these must be imminent. The European Commission has not applied consistently its own views on this matter. Conversely, transitional states of emergency may be acceptable from an economic standpoint, but not in the field of human rights. The difficulty here is to make sure that a crisis has not merely been placed under control and that a withdrawal of derogatory measures will not revive the threat to the life of the nation. This problem, it is submitted, must be treated in conjunction with the determination whether the suspension of rights and freedoms remained "strictly required by the exigencies of the situation". The article concludes that valuable standards have been set on the international plane as to conditions regulating the existence of those public emergencies which condone suspension of human rights. Most of these tend to make sure that the legal conception of a public danger continuously relates to an actual crisis and remains essentially limited in substance and in time. The case is also made for the retention of judicial control over the type of "political" decision involved.
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Ewing, Michael C. "Hierarchical constituency in conversational language." Studies in Language 29, no. 1 (March 11, 2005): 89–112. http://dx.doi.org/10.1075/sl.29.1.04ewi.
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This study investigates the role of constituency in structuring clauses during spoken interaction. It examines transitive clauses in a corpus of conversational Javanese. Do clauses unfold in a flat structure as each element is produced in real-time, or is there evidence of a hierarchical structure among constituents? By looking at adjacency in the production of clausal elements, with prosody as the key to understanding how speakers organize linguistic elements into larger groups, evidence is found for the emergence of a verb phase structure within clauses of lower discourse transitivity, but a lack of hierarchical structure in clauses of higher discourse transitivity.
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Rohdenburg, Günter. "Rivalling Noun-Dependent Complements in Modern English: that‑Clauses and ‘Complex’ Gerunds." Anglia 137, no. 2 (June 7, 2019): 217–54. http://dx.doi.org/10.1515/ang-2019-0023.
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Abstract This corpus‑based paper explores the history and present status of the contrast between noun‑dependent that‑clauses and ‘complex’ gerunds containing their own subjects. With seven of the fifteen nouns under scrutiny, the emergence of the that‑clause either follows that of the gerund or the two complement types emerge at about the same time. This suggests that we will have to qualify the general assumption that since the eighteenth century English has promoted non‑finite subordinate clauses at the expense of finite ones. More crucially, with by far most of the nouns investigated, the that‑clause has gained much further ground over the last few centuries, with American English spearheading this development since the early nineteenth century. In line with the Complexity Principle, the grammatical environments favouring the more explicit that‑clause over the complex gerund include subject complexity and different types of structural discontinuity. Intriguingly, however, the easy‑to‑process there‑clause containing the nouns in question is also found to favour the that‑clause at the expense of the complex gerund.
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Meron, Theodor, and Allan Rosas. "A Declaration of Minimum Humanitarian Standards." American Journal of International Law 85, no. 2 (April 1991): 375–81. http://dx.doi.org/10.2307/2203074.
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The readers of this Journal are familiar with the difficulties experienced in protecting human dignity in situations of internal violence that fall below the thresholds of applicability of international humanitarian instruments but within the margin of public emergency; the governments directly concerned often promote this interpretation of such situations, enabling them to invoke the derogations clauses of international human rights instruments. These difficulties are compounded by the inadequacy of the nonderogable provisions of human rights instruments, the weakness of international monitoring and control procedures, and the need to define the character of the conflict situations (the applicability of certain norms of humanitarian law depends on such characterization, which is usually difficult and contested). Experience indicates that in situations of internal violence, normal constitutional and other legal checks and balances are singularly ineffective. Efforts have already been made to address some of the abuses typical of these situations, but the abuses continue unabated.
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McCaffrey, Stephen C., and Mpazi Sinjela. "The 1997 United Nations Convention on International Watercourses." American Journal of International Law 92, no. 1 (January 1998): 97–107. http://dx.doi.org/10.2307/2998069.
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The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997. It was negotiated in the Sixth (Legal) Committee of the General Assembly, convening for this purpose as a “Working Group of the Whole,” on the basis of draft articles adopted by the International Law Commission (ILC). The negotiations in the working group were open to participation by all UN member states, as well as states that are members of specialized agencies of the United Nations. The Convention is divided into seven parts containing thirty-seven articles: Introduction; General Principles; Planned Measures; Protection, Preservation and Management; Harmful Conditions and Emergency Situations; Miscellaneous Provisions; and Final Clauses. An annex sets forth procedures to be used in the event the parties to a dispute have agreed to submit it to arbitration. This Note will focus on key provisions of the Convention and on those that were the subject of controversy during the working group’s deliberations. It assumes that the reader has access to the text.
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Deutscher, Guy. "The rise and fall of a rogue relative construction." Studies in Language 25, no. 3 (December 31, 2001): 405–22. http://dx.doi.org/10.1075/sl.25.3.02deu.
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In the earliest attested stage of the Akkadian language, relative clauses were introduced by a pronoun which agreed in case with the head noun in the main clause, rather than with the relativized NP in the relative clause. Such a system is extremely rare across languages, is demonstrably dysfunctional, and has been termed ‘inherently disfavoured’. This article attempts to explain how Akkadian acquired this rogue relative construction, and how the language then managed to get rid of it. I argue that this construction was only an unstable way-station in the emergence of a new relative clause in the language. The final section of the article examines the few parallels from other languages to the Old Akkadian system.
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Honchar, V. "Problems of legal regulation of termination of the employment contract for violation of labor discipline in special conditions." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 279–85. http://dx.doi.org/10.24144/2307-3322.2022.72.86.
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The article is devoted to the study of the problems of legal regulation of the termination of the employment contract for violation of labor discipline in special conditions. When researching the problems of legal regulation of termination of an employment contract for violation of labor discipline in special conditions, the author revealed two issues: termination of an employment contract for violation of labor discipline during emergency situations; abuse of legal position by the employer. The author in the scientific work provides that the termination of the employment contract (dismissal) for violation of labor discipline, as a type of disciplinary penalty, is provided for in part 1 of Article 147 of the Labor Code. The imposition of such a disciplinary penalty as dismissal is allowed only in cases specified by law: for systematic non-fulfillment of labor duties (clause 3 of article 40 of the Labor Code); for absenteeism without valid reasons (clause 4 of article 40 of the Labor Code); for appearing at work in a state of narcotic, toxic or alcoholic intoxication (Clause 7 of Article 40 of the Labor Code); for theft of the owner’s property (clause 8 of article 40 of the Code of Criminal Procedure); for a one-time gross violation of labor discipline by the manager and some other categories of employees (paragraph 1 of article 41 of the Labor Code); for the culpable actions of the head of the enterprise, institution, or organization, as a result of which the salary was paid late or in amounts lower than the amount of the minimum salary established by law (clauses 1-1 of Article 41 of the Labor Code); for the culpable actions of an employee who directly handles monetary, commodity or cultural values, if these actions give rise to a loss of trust in him on the part of the owner or a body authorized by him (clause 2 of article 41 of the Labor Code); for committing an immoral offense incompatible with the continuation of this work by an employee performing educational functions (paragraph 3 of article 41 of the Labor Code).
In addition, the author stated that a violation of labor discipline is considered to be non-compliance during the production process with the rules of conduct established by current legislation, rules of internal labor regulations, job instructions, orders and orders of the employer. A violation of labor discipline is also considered the employee’s refusal without a good reason to conclude an agreement on full financial responsibility, if the conclusion of such an agreement is provided for by current legislation; refusal or evasion without good reason from passing a medical examination of employees of certain professions; refusal or evasion of an employee from passing special training during working hours and passing a safety technology exam, if these are mandatory conditions for admission to work.
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Castro-Chao, Noelia. "The Emergence and Loss of the English Minor Complementizers till and until." Journal of English Linguistics 50, no. 4 (December 2022): 354–83. http://dx.doi.org/10.1177/00754242221126698.
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This article examines the development of the subordinators till and until as minor complementizers in the Late Middle English and Early Modern English periods. An analysis of data obtained from a number of sources shows that till/ until underwent a process of secondary grammaticalization, emerging as complementizers introducing clauses governed by the desiderative predicate long. The findings further suggest that the use of till/ until-clauses with long was the result of a process of lexical diffusion from the semantically related pattern think ( it) long till/until-clause (in the sense of ‘to seem or appear long, to be wearisome (to a person) (until something happens)’). In Late Modern English, till/until-clauses following long were lost and replaced by competing patterns with to-infinitives and for. . .to-infinitives, the latter emerging at the time as a new complement type. The article discusses the motivations and broader implications of the obsolescence of till/until-complements, which failed to spread to other members of the class of verbs of “desire,” such as desire, thirst, or yearn, and thus remained at the margins of the English system of complementation.
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CICHOSZ, ANNA. "Parenthetical reporting clauses in the history of English: the development of quotative inversion." English Language and Linguistics 23, no. 1 (March 14, 2018): 183–214. http://dx.doi.org/10.1017/s1360674317000594.
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This study is a corpus-based diachronic analysis of English reporting parentheticals, i.e. clauses introducing direct speech, placed after or in the middle of the reported message. The aim of the investigation is to trace the development of the construction throughout the history of English, establishing the main factors influencing the choice between VS and SV patterns (i.e. with and without quotative inversion respectively), showing how various reporting verbs were increasingly attracted to the construction, and demonstrating the gradual morphological reduction of the main reporting verbs: quoth and say. The study is based on syntactically annotated corpora of Old, Middle, Early Modern and Late Modern English, and uses other corpora to illustrate more recent changes. The study reveals that reporting clauses do not show regular quotative inversion with all subject types until the Early Modern English period and links this development to the emergence of the comment clause with say. It is also claimed that quotative inversion is not directly derived from the V-2 rule and that parenthetical reporting clauses have functioned as a separate construction since the Old English period.
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Kovac, Mitja, and Paul Aubrecht. "Brexit and the Boilerplate Clauses in Commercial Contracts." Business Law Review 40, Issue 6 (November 1, 2019): 249–57. http://dx.doi.org/10.54648/bula2019033.
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Business lawyers and commercial contracting have been stressed by political uncertainty over the past two years. The prospect of states withdrawing from the European Union creates questions for business law scholarship and practitioners. Lawyers drafting contracts for firms conducting business across borders in different jurisdictions have found new ways to address these risks in their contracts using the so-called ‘Quitaly’ or ‘Brexit’ clauses. Yet, the question imposed on business law scholarship is whether the existence of these clauses materially changes the options available to the contracting parties, or are they simply an extension of other types of clauses, such as a force majeure clause, or other contracting principles, such as the concept of material change of circumstances found within the Contracts for the International Sale of Goods (CISG)? If existing legal norms are incapable of dealing with the Brexit, are we seeing an emergence of a new legal paradigm? Considering the aforementioned issues, this article seeks to address the issues of whether private contracting is adequately addressing the legal risks of potential devolution and whether current contracting approaches to these risks are adequate and effective.
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Aldridge, Edith. "Syntactic conditions on accusative to ergative alignment change in Austronesian languages." Journal of Historical Linguistics 11, no. 2 (July 23, 2021): 214–47. http://dx.doi.org/10.1075/jhl.20016.ald.
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Abstract This paper develops the proposal put forth by Aldridge (2015, 2016) for the emergence of ergative alignment in a first-order subgroup of the Austronesian family. I first provide new evidence for reconstructing Proto-Austronesian (PAn) as accusative rather than ergative. I then propose a significantly revised approach to Aldridge’s proposed reanalysis. On the basis of evidence from Tsou, I propose that the reanalysis took place in biclausal constructions embedded under motion or locative verbs. Since such biclausal constructions are contexts for restructuring, no accusative case is available for an object. This forced objects which needed structural licensing to value nominative case with T. I additionally show that subjects were assigned inherent non-nominative case in PAn when objects needed to enter into Agree with T, as when valuing nominative case. These conditions yielded a new ergative clause type in a daughter of PAn, which Aldridge (2015, 2016) calls “Proto-Ergative Austronesian”. No change took place in clauses lacking an object needing structural licensing. Consequently, subjects in intransitive clauses and transitive clauses with indefinite objects continued to surface with nominative case, yielding the type of ergative alignment prevalent in Formosan and Philippine languages today.
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von Kielmansegg, Sebastian Graf. "The meaning of Petersberg: Some considerations on the legal scope of ESDP operations." Common Market Law Review 44, Issue 3 (June 1, 2007): 629–48. http://dx.doi.org/10.54648/cola2007058.
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The article examines the legal scope of the so-called Petersberg Tasks in Article 17(2) TEU and of their modified version in the Constitutional Treaty. The Petersberg Tasks provide the only specific catalogue of military activities of the EU. Therefore, they offer important insight as to the legal scope of the European Security and Defence Policy. The article argues that the various mission types listed in the Petersberg Tasks have a fairly wide scope. In this context, it is the last mission type – “tasks of combat forces in crisis management, including peacemaking” – which raises the most difficulties. It is suggested in this paper that the term “crisis management” comprises military interventions in any conflicts that constitute a threat to the peace or a breach of the peace as long as they are outside the scope of the mutual defence clauses of NATO and the WEU. Crisis management interventions must be of a containing nature but they may include the repulse of aggression and the restoration of the integrity of the international legal order. The term “peacemaking” describes a specific aspect of crisis management: the forcible pacification of a conflict between third parties (“triangular peace enforcement”). The modifications introduced by the Constitutional Treaty are of limited importance. However, to a certain extent they mark a conceptual step from reactive emergency measures to a more proactive, constant and holistic policy.
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BINDER, CHRISTINA. "Stability and Change in Times of Fragmentation: The Limits of Pacta Sunt Servanda Revisited." Leiden Journal of International Law 25, no. 4 (November 1, 2012): 909–34. http://dx.doi.org/10.1017/s0922156512000507.
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AbstractStability versus change is one of the fundamental debates of the law of treaties. The limits of pacta sunt servanda – under which conditions a state may derogate from treaty obligations when circumstances change – appears as a constant throughout the history of international law. This article examines the limits of pacta sunt servanda in times of fragmentation. It first discusses the mechanisms of general international law – supervening impossibility of performance and fundamental change of circumstances (Articles 61 and 62 VCLT) in the law of treaties and force majeure and the state of necessity (Articles 23 and 25 of the ILC Articles on State Responsibility) in the law of state responsibility. It is argued that they provide only insufficient means to accommodate change. Against that background, derogation is examined in specific treaty regimes, including international human rights law, the law of the sea, and international investment law. Treaty-based termination/withdrawal clauses and emergency exceptions are analysed accordingly. Especially the latter are formulated in a regime-specific way, adapting derogation from treaty obligations to the requirements of the respective treaty regimes. On the basis of an empirical analysis of relevant state practice it is argued that this regime-specificity – a sign of fragmentation – is especially important since there is an increased need for temporary derogation in contemporary international law.
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Lakshmanan, Usha, and Larry Selinker. "The status of CP and the tensed complementizer that in the developing L2 grammars of English." Second Language Research 10, no. 1 (February 1994): 25–48. http://dx.doi.org/10.1177/026765839401000102.
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In this article we examine the development of the complementizer system in child L2 grammars of English, and we show that C and its maximal projection CP are operative from the very beginning. Next, we focus on the development of the tensed complementizer that. We provide evidence which suggests that the tensed complementizer in embedded declaratives may be treated as an obligatorily null complementizer by these child L2 learners. We then examine restrictive relative clauses produced by our subjects. The evidence indicates that the tensed complementizer is first realized overtly as that in the relative clause domain. We speculate on the possible reasons as to why the relative clause domain should trigger the emergence of the overt tensed complementizer and we argue that recent proposals by Rizzi (1990) for a typology of complementizer types enable us to account for these child L2 developmental facts.
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Willis, David. "Motivating the emergence of new markers of sentential negation." Diachronica 27, no. 1 (June 2, 2010): 110–56. http://dx.doi.org/10.1075/dia.27.1.04wil.
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This article investigates the historical emergence of postverbal negation in Welsh. Welsh undergoes a shift from preverbal negation (Middle Welsh ny(t)) to postverbal negation (Present-day Welsh ddim “not” < Middle Welsh dim “at all” < dim “thing, anything”) (Jespersen’s Cycle). In Middle Welsh, ddim occupies a late clausal position, but it later undergoes a syntactic reanalysis which moves it to an earlier immediately post-subject position. It also shifts in status from a weak negative polarity item, appearing in interrogative, conditional and negative clauses, to a purely negative particle. The article argues that, when ddim begins to occupy an earlier clausal position around 1600, it becomes phonologically less salient, and subsequently loses its emphatic sense in the seventeenth and eighteenth centuries. Finally, the article considers the loss of the preverbal negative marker ni(d) in spoken Welsh, and whether this can best be understood as a push chain (ddim makes ni(d) unnecessary) or as a pull chain (ni(d) is phonologically weak and needs reinforcing by ddim). It concludes that push-chain explanations are most probable for the earlier part of the development up to 1750, with pull-chain explanations being more convincing thereafter.
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Idrees, Rao Qasim, Rohimi Shapiee, and Haniff Ahamat. "Paradigm shift; the emergence of arbitral forum shopping in CPEC investment disputes." Journal of International Trade Law and Policy 18, no. 3 (November 15, 2019): 136–51. http://dx.doi.org/10.1108/jitlp-05-2019-0022.
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Purpose The phenomena of arbitral forum shopping to resolve a commercial investment dispute is still under development and more complicated in many states. However, for Pakistan, it seems in an evolutionary phase, where the country is struggling hard to adopt the best practice of dispute resolution through forum shopping clauses. This struggle is even more inflated with huge Chinese investment through China Pakistan economic corridor (CPEC) projects in Pakistan, which come alongside with commercial investment disputes. For this purpose, the current treaty or contract-based system between China and Pakistan and litigation based domestic civil court structure look obsolete, hence, appear to require reinstatement of forum shopping clauses under concerned treaties or contracts for CPEC investment-related issues. Design/methodology/approach The authors choose a legal research method. The research design is a comparative analysis between CPEC contracts and dispute resolution mechanism between China and Pakistan and also the domestic civil court’s litigation system. This analysis selected by the authors due to inefficient bilateral investment arrangements and efficient resolution of future commercial disputes in CPEC. While the international arbitration system is included in the assessment were particular in the time and space context. The comparison comprises on dispute resolution clauses in free trade agreement (FTA) and bilateral investment treaties (BIT) between China and Pakistan and the system of resolving disputes by CPEC clauses. Findings The authors finds that in the absence of CPEC forum shopping clause under dispute resolution system, Pakistan is highly at risk to lose foreign investors, and therefore, set back the goal of long term economic sustainability in the region. However, China has already made its investment policies safer with establishing three international commercial courts (also referred to as Belt and Road courts), one in Xi’an for the land-based Silk Road Economic Belt, one in Shenzhen for the Maritime Silk Road and one in Beijing that will serve as the headquarters. These courts will be offering litigation, arbitration and mediation services. According to one view, China aims to have all belt and road initiative (BRI) disputes resolved by these courts. This makes Pakistan position more awkward and needs proactive measures, as CPEC investment is based on Pakistan foreign direct investment policies and legal structure. Therefore, it will be complicated and less favourable for Pakistan to deal with such cases under Chinese Courts. Originality/value The paper’s primary contribution is finding that comprehensive analysis of alternative dispute resolution mechanism between China and Pakistan over CPEC investment is inevitable. A socio-legal research combine with an examination of Singapore International Commercial Court functions and mechanism and CPEC plans further contributes to ascertain the best model of the settlement of commercial disputes under investments in Pakistan. This research paper anticipates future economic and legal problems, which Pakistan may encounter.
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Wesemann, Larry, Tijana Hamilton, Steve Tabaie, and Gerald Bare. "Cost-of-Delay Studies for Freeway Closures Caused by Northridge Earthquake." Transportation Research Record: Journal of the Transportation Research Board 1559, no. 1 (January 1996): 67–75. http://dx.doi.org/10.1177/0361198196155900109.
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On January 17, 1994, the Northridge earthquake in California destroyed structures on four important freeways in the Los Angeles basin. Closure to travel on these damaged freeways had significant local, regional, and statewide impacts for general travel, as well as for commuter and commodities movement. Initial research indicated that the four route closures on the I-5, I-10, CA-14, and CA-118 freeways had significant ramifications on the local and state economies on the order of millions of dollars per day. With this in mind, the state of California set up high-incentive reconstruction contracts that paid private contractors significant bonuses for early reopenings of damaged routes. Further research conducted as part of the comprehensive transportation recovery evaluation justified those bonus clauses and indicated that the quantifiable (direct) transportation-related costs associated with the travel disruption and delay on the four damaged routes combined in the Los Angeles basin exceeded $1.6 million per day. The methodology used to calculate the cost-of-delay estimates for each route was based on detailed counts, surveys, and travel time (delay) data collected during the reconstruction periods, as well as computer simulation and adopted costing techniques. The geographic and systemwide extent of the impacts of closures was simulated through travel demand assignments on EMME/2 modeled highway networks that were modified to represent the earthquake-damaged system. When the economic analysis is broadened to include indirect costs associated with trip elimination, areawide disruption to shipping, or loss of jobs caused by the earthquake emergency, a much higher transportation-related cost to the California economy can be calculated.
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Gentens, Caroline. "“Factive” parenthetical clauses?" Journal of Historical Pragmatics 16, no. 2 (December 30, 2015): 218–49. http://dx.doi.org/10.1075/jhp.16.2.03gen.
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Regret has traditionally been regarded as a “true factive” predicate that always presupposes the truth of its complement and cannot occur in parenthetical clauses (Hooper 1975). In the light of earlier observations that I regret and I regret to say have acquired non-factive uses (Heyvaert and Cuyckens 2010), this paper presents a synchronic analysis of the discourse contexts in which I regret and I regret to say occur as parenthetical clauses, and co-occur not with factive complements, but with reported utterances. From a diachronic point of view, the article describes how regret-clauses came to function as illocution modifiers to a reported utterance after the emergence of various types of to-infinitival complements following the predicate. The article deviates from the traditional view that factive complements are limited to presupposed true complements as expressed in gerunds or that-clauses. Instead, it broadens the concept of factivity to include presupposed non-epistemic complements and complements realized as to-infinitives.
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Hill, Virginia. "The emergence of the Romanian supine." Journal of Historical Linguistics 3, no. 2 (December 31, 2013): 230–71. http://dx.doi.org/10.1075/jhl.3.2.03hil.
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The supine starts to occur in Early Modern Romanian (EMR) by the late 16th century, during the general process of replacement of infinitives in subordinated clauses. The supine replaces the infinitive in non-finite relative clauses. In this article, I argue that EMR, but not other languages (e.g., Balkan Slavic) provided ambiguity in the primary linguistic data in the context of infinitival de-relatives, because of the underspecification of de for grammatical category (i.e., either preposition or relativizing complementizer). The ambiguity led to two parallel derivations — a PP-de and a CP-de — each of them being an alternative to the infinitive relative. The latter configuration preserves the relativizing status of de, while the former reanalyzes de as a preposition.
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Vasyliev, I., V. Tyshchenko, A. Pruskyi, S. Yeremenko, and M. Biloshytskyi. "STATE REGULATION OF PROVIDING EDUCATION FOR EDUCATIONAL DISCIPLINE “LIFE SAFETY” IN HIGHER EDUCATION STAFF." Collected Scientific Papers of the Institute of Public Administration in the Sphere of Civil Protection 7 (December 22, 2019): 16–26. http://dx.doi.org/10.35577/iducz.2019.07.02.
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The article deals with burning issues of legal regulation and methodological provision for the academic subjects “Life Safety” and “Civil Protection” at Higher Educational Institutions at present time. It is suggested that the safety education standards have to build the basis for legislation of safety education. These standards are to be developed and put into operation under the Articles 39 and 41 of Civil Protection Code of Ukraine, Clauses 20 and 23 of Order of the Cabinet of Ministers “About approval of the procedure for training the population to act in emergencies”, Ukrainian Act “On Higher Education”. According to these legal acts, the main tasks have been defined which are stated in the “Regulation on functional subsystem of preschool children, pupils and students training to respond to emergencies (on life safety issues) of the National Integrated System of Civil Protection”, and safety education standards in relation to academic subjects “Life Safety” and “Civil Protection” were developed.
October, 20, 2010, the Ministry of Health and the Ministry of Emergency together with the State Service of Mountain Supervision and Industrial Safety of Ukraine represented the corporate Legal Act “On organization and improvement of education in occupational safety, life safety and civil protection at Higher Educational Institutions of Ukraine”. Clause 1 of the Legal Act states that normative subjects “Life Safety”, “Occupational Safety” and “Civil Protection” are studied by all students, cadets and learners of Higher Educational Institutions.
Order of the Cabinet of Ministers № 590 dated 30.05.2014, withdrew the mentioned above legal act which, in fact, resulted in suspending the fourth typical program on Life Safety. Educational community of Ukraine was left without the documents of the Ministry of Education and Science which regulate the teaching of subjects on general and special safety issues at Higher Educational Institutions, such as “Life Safety”, “Occupational Safety”, and “Civil Protection”.
This approach to teaching students build the ground for creating future leaders and specialists of the national economy with low level of knowledge on occupational safety, industrial, fire and natural safety. There has been imbalance in a structure and a number of higher education specialists’ training considering the person’s needs, interests of the country, local societies and employers, especially in obtaining knowledge in the fields of life safety, occupational safety, and civil protection.
This paper analyses the findings of the Ukrainian researchers P. Volianskyi, S. Osypenko, O. Zaporozhets, S. Poteriaiko, О. Barylo, E. Lytvynovskyi, V. Grechaninova, V. Shamshur, V. Mykhailov and others. These works investigate the issues of legal regulation and methodological provision for training the population in the field of civil protection and life safety.
Taking into account the considerations above, the purpose of this paper is to substantiate the need to restart the compulsory subjects “Life Safety” and “Civil Protection” for junior specialists, bachelor’s and master’s students, and, at the same time, the introduction of modern forms, methods and content of training that meet the requirements of safety management.
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Day, Alice S. "Emergency Contraception: When the Pharmacist Conscience Clause Restricts Access." Nursing for Women's Health 12, no. 4 (August 2008): 343–46. http://dx.doi.org/10.1111/j.1751-486x.2008.00347.x.
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Fleischer, Jürg. "Eastern Yiddish Relative Clauses in an Areal Perspective: An Analysis Based on the Language and Culture Atlas of Ashkenazic Jewry." Journal of Germanic Linguistics 34, no. 2 (April 26, 2022): 209–40. http://dx.doi.org/10.1017/s1470542721000143.
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Despite a vast literature on Yiddish relative clauses, their linguistic and geographical aspects have often been neglected. Based on data from the Language and Culture Atlas of Ashkenazic Jewry (JCAAJ), the areal distribution of subject and oblique relative clauses is analyzed for the first time. I show that vos ‘that; what’, which also introduces non-relative complement clauses, is the most common element to introduce subject relative clauses, whereas in oblique relative clauses, the pronoun velx- ‘which’ predominates. This contrast suggests a division of labor between nonpronominal and pronominal elements depending on the syntactic role of the relativized NP. As to the areal aspect, vos accompanied by a resumptive personal pronoun is primarily used in Central Eastern and Southeastern Yiddish, whereas nonrelative comple-mentizing vos is typical of Southeastern and central Northeastern Yiddish. These areal distributions mirror patterns of coterritorial Slavic languages: The more widespread use of nonrelative complementizing vos is reminiscent of the corresponding use of Ukrainian ščo and Belarusian što ‘what; that’, whereas the preference for resumptive personal pronouns is observed in Polish and Ukrainian. Comparatively recent convergence with Slavic seems to play a role in the emergence of resumptive pronouns and nonrelative complementizing vos in the varieties of Yiddish.*
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Fleischer, Jürg. "Eastern Yiddish Relative Clauses in an Areal Perspective: An Analysis Based on the Language and Culture Atlas of Ashkenazic Jewry." Journal of Germanic Linguistics 34, no. 2 (April 26, 2022): 209–40. http://dx.doi.org/10.1017/s1470542721000143.
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Despite a vast literature on Yiddish relative clauses, their linguistic and geographical aspects have often been neglected. Based on data from the Language and Culture Atlas of Ashkenazic Jewry (JCAAJ), the areal distribution of subject and oblique relative clauses is analyzed for the first time. I show that vos ‘that; what’, which also introduces non-relative complement clauses, is the most common element to introduce subject relative clauses, whereas in oblique relative clauses, the pronoun velx- ‘which’ predominates. This contrast suggests a division of labor between nonpronominal and pronominal elements depending on the syntactic role of the relativized NP. As to the areal aspect, vos accompanied by a resumptive personal pronoun is primarily used in Central Eastern and Southeastern Yiddish, whereas nonrelative comple-mentizing vos is typical of Southeastern and central Northeastern Yiddish. These areal distributions mirror patterns of coterritorial Slavic languages: The more widespread use of nonrelative complementizing vos is reminiscent of the corresponding use of Ukrainian ščo and Belarusian što ‘what; that’, whereas the preference for resumptive personal pronouns is observed in Polish and Ukrainian. Comparatively recent convergence with Slavic seems to play a role in the emergence of resumptive pronouns and nonrelative complementizing vos in the varieties of Yiddish.*
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Mitchell, Andrew D., and James Munro. "AN INTERNATIONAL LAW PRINCIPLE OF NON-REGRESSION FROM ENVIRONMENTAL PROTECTIONS." International and Comparative Law Quarterly 72, no. 1 (January 2023): 35–71. http://dx.doi.org/10.1017/s0020589322000483.
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AbstractA principle that prohibits States from weakening their domestic levels of environmental protection continues to emerge at varying speeds within international trade, investment and environmental law. This article explores the principle's diverse history, rationale and legal expression in each of these domains and finds that its various articulations in different international treaties suffer the same shortfalls and deficiencies. Non-regression clauses may leave the complexities and nuances of implementing environmental protections unaddressed, including identifying and measuring when a regression has occurred and balancing these environmental protections with other legitimate policy and environmental measures. As these clauses are increasingly subject to investor–State and State–State dispute procedures, States expose themselves to heightened liability for changes to their environmental laws, even where those changes might be legitimate and reasonable. The particular emergence of this principle in environmental law offers treaty-makers an opportunity to clarify the rights of States to derogate from otherwise narrowly drafted clauses that require them to maintain their level of environmental protection strictly.
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Dromi, Esther, and Ruth A. Berman. "Language-specific and language-general in developing syntax." Journal of Child Language 13, no. 2 (June 1986): 371–87. http://dx.doi.org/10.1017/s0305000900008114.
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ABSTRACTThe distribution of a number of syntactic structures in the speech output of 102 Israeli preschoolers was examined. Findings on the proportion of grammatically analysable clauses, the patterning of word order in Hebrew child language, and the emergence of syntactic connectedness through coordination and subordination of clauses are reported. Our analysis reveals that while in some areas there are clearly age-related differences among preschool children, other types of syntactic patternings exhibit a stable behaviour. We refer to the importance of integrating findings for a wide variety of seemingly unrelated syntactic constructions across different discourse modes. We also claim that complex interactions between structural, semantic and pragmatic factors underlie the child's acquisition of syntax.
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SEKALI, MARTINE. "The emergence of complex sentences in a French child's language from 0;10 to 4;01: causal adverbial clauses and the concertina effect." Journal of French Language Studies 22, no. 1 (January 24, 2012): 115–41. http://dx.doi.org/10.1017/s0959269511000615.
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ABSTRACTThis article tests Diessel's ‘integration’ path of development of adverbial clauses (cf. Diessel, 2004), with special focus on the acquisition of ‘causal’ adverbial clauses, in the context of the overall development of grammatical/semantic complexification in a French child's longitudinal corpus of spontaneous speech (Madeleine, Paris Corpus) from 10 months to 4;01 years old. Three main patterns are retrieved in the child's uses of parce que constructions in interactional contexts. Linguistic analysis of these constructions reveals a dynamic pattern of syntactic expansion, integration and diversification, here called the concertina effect, which may provide an insight into the cognitive and pragmatic motives for syntax development in first language acquisition of French.
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Prajugo, Michael Saputra. "ANALISIS YURIDIS MENGENAI PENTINGNYA KLAUSULA PILIHAN HUKUM DAN/ATAU PILIHAN FORUM DALAM KONTRAK BISNIS INTERNASIONAL." Jurnal Magister Hukum ARGUMENTUM 7, no. 1 (April 1, 2020): 27. http://dx.doi.org/10.24123/argu.v7i1.3006.
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One sphere regulated by International Civil Law is international business contracts which contain foreign elements. The existence of foreign elements in international business contracts is followed by the emergence of the freedom of the parties to determine choice of law and/or choice of forum. Without the inclusion of choice of law and/or choice of forum clauses, problems will arise about which country’s law applies and which forum is authorized to resolve international business contract disputes. One important thing related to choice of law and/or choice of forum in international business contracts is the limitations toward them. The research question is what are the limitations toward choice of law and/or choice of forum in international business contracts?. The research method used is juridical normative with statute approach and conceptual approach as problem approaches. The result of the research explicates in general, the limitations toward choice of law and/or choice of the forum in international business contracts are the limitations determined in Article 1339 of the Civil Code namely not contrary to propriety, customs, laws, and applicable legal system in every country. The parties need to understand the limitations toward choice of law and/or choice of forum clauses in international business contracts and implement them when making choice of law and/or choice of forum clauses so these clauses are not null and void.
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Zhu, Wen, and Xuan Jiang. "Study on ground Evacuation test method of civil aircraft emergency lighting." Advances in Engineering Technology Research 1, no. 2 (September 22, 2022): 314. http://dx.doi.org/10.56028/aetr.1.2.314.
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The emergency evacuation ability of civil aircraft is an important index reflecting the safety of aircraft, and emergency lighting is an important factor reflecting its ability. Demonstration and verification of civil aircraft emergency lighting evacuation from the ground is an important prerequisite for the whole aircraft emergency evacuation, and also the only method to show the compliance of Article 812(E) of Part 25 of Civil aviation Regulations. For CCAR25.812 (e) clause to be read, study a civil aircraft that can carry out emergency lighting out of the ground test method, from the test scenario, test personnel and test environment, the evacuation route and so on various factor has carried on the detailed analysis and definition, emergency lighting for subsequent commercial out of the ground demonstration experiment provide a test method for reference.
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Zhu, Wen, and Xuan Jiang. "Study on ground Evacuation test method of civil aircraft emergency lighting." Advances in Engineering Technology Research 2, no. 1 (September 22, 2022): 314. http://dx.doi.org/10.56028/aetr.2.1.314.
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The emergency evacuation ability of civil aircraft is an important index reflecting the safety of aircraft, and emergency lighting is an important factor reflecting its ability. Demonstration and verification of civil aircraft emergency lighting evacuation from the ground is an important prerequisite for the whole aircraft emergency evacuation, and also the only method to show the compliance of Article 812(E) of Part 25 of Civil aviation Regulations. For CCAR25.812 (e) clause to be read, study a civil aircraft that can carry out emergency lighting out of the ground test method, from the test scenario, test personnel and test environment, the evacuation route and so on various factor has carried on the detailed analysis and definition, emergency lighting for subsequent commercial out of the ground demonstration experiment provide a test method for reference.
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FONSECA-GREBER, BONNIBETH BEALE. "The Emergence of Emphatic ‘ne’ in Conversational Swiss French." Journal of French Language Studies 17, no. 3 (October 8, 2007): 249–75. http://dx.doi.org/10.1017/s0959269507002992.
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This study explores ne use in a previously unexamined variety of French: Swiss French. Based on a corpus of conversation among friends and family recorded at home, the results of this study show the lowest ne use reported for adult, middle-class speakers of European French, 2.5%. It also shows that ne functions micro-stylistically to effect micro-shifts in register allowing speakers to enact the institutional talk of public discourse. Finally, a new function appears to emerge: the use of ne as an emphatic, where it tends to appear in foregrounded clauses often with other emphatics, functioning as speaker evaluation or involvement.
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Alvanoudi, Angeliki. "“May I tell you something?”: When questions do not anticipate responses." Text & Talk 39, no. 4 (July 26, 2019): 563–87. http://dx.doi.org/10.1515/text-2019-2040.
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Abstract This conversation analytic paper reports on the interactional functions of the Greek subjunctive polar interrogative clause na (su) po (káti)? ‘may I tell you something?’ in informal Greek conversation (Corpus of Spoken Greek). It is shown that the clause is a practice for securing a multi-unit turn and prefacing big packages in interaction, such as arguments and tellings. It is argued that the interrogative clause is used as a discourse marker when it occupies the initial slot of an extended turn. By employing an interactional approach to grammar, this study brings sequential context, social action and practice into the analysis of the clause na (su) po (káti)?, and sheds light on the vehicular structure of social action and the emergence of linguistic devices that project multi-unit turns.
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Dharmananda, S. K., and N. A. Kingsbury. "CERTAINTY IN UNCERTAIN TIMES: CONSIDERING FORCE MAJEURE." APPEA Journal 44, no. 1 (2004): 761. http://dx.doi.org/10.1071/aj03040.
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Force majeure clauses are particularly relevant to at least two types of oil and gas agreements: operating agreements and long-term contracts. Each type of contract is characteristically exposed to calamitous events that can take many years to manifest. However, force majeure clauses in each type of contract need to reflect the commercial realities and bargain represented by each type of contract.This paper considers whether the types of force majeure clauses that are used in the Australian oil and gas industry would adequately excuse a party relying on them from performing their obligations under a contract in light of some very real 21st century concerns. The beginning of the 21st century has seen remarkable technological development and the creation of a global village where an isolated event in one part of the world can have a significant effect on the entire world. Therefore, the increased likelihood of a terrorist attack against significant infrastructure (eg. an offshore oil rig or gas pipeline) and the emergence of natural phenomena, particularly widespread viral outbreaks such as the SARS virus can have a devastating effect on industry globally, as is being seen in the airline industry. There is some doubt whether standard contract clauses will automatically treat such circumstances as force majeure events.The paper suggests that certain drafting conventions ought to be adopted to address 21st century concerns, and particularly to provide practical solutions for these issues.
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Weyembergh, Anne, and Irene Wieczorek. "Norm diffusion as a tool to uphold and promote EU values and interests: A case study on the EU Japan Mutual Legal Assistance Agreement." New Journal of European Criminal Law 11, no. 4 (July 23, 2020): 439–66. http://dx.doi.org/10.1177/2032284420938140.
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The article takes the European Union (EU)-Japan Mutual Legal Assistance (MLA) Agreement as a case study to analyse the EU success in pursuing its art 3(5) TEU mandate of upholding and promoting its values and interests; and to what extent the EU effectively relied on norm diffusion to this aim. The EU has arguably been, at least partially, successful in exporting its legal standards on ‘improved judicial cooperation’ in the text of the Agreement, especially a legal basis for acquiring testimony via videoconference, whereby to uphold its interest into security; and in including clauses allowing it to uphold its values of respect of fundamental rights. In particular, in having clause allowing the EU to refuse assistance if death penalty is involved, the EU arguably not only acted as a norm exporter, but it also set a new international legal standard, through which it also hoped to promote its values by triggering a change in Japan’s retentionist policy. An analysis of 10 years of implementation of the Agreement shows, however, a more nuanced picture, highlighting the importance to look at both the norm emergence and the norm socialisation phase when assessing the success of the EU as a norm exporter. The institutionalisation of EU-Japan MLA cooperation through the conclusion of the agreement has triggered a stark increase in volume and speed of cases, contributing to higher security. However, legal, practical and cultural factors hinder the implementation in practice of EU legal standards on acquisition of evidence and the promotion of the EU abolitionist agenda.
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Fuentes Rodríguez, Catalina. "Comment clauses and the emergence of new discourse markers: Spanish lo que es más." Journal of Pragmatics 61 (January 2014): 103–19. http://dx.doi.org/10.1016/j.pragma.2013.11.020.
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Lindström, Jan, Camilla Lindholm, and Ritva Laury. "The interactional emergence of conditional clauses as directives: constructions, trajectories and sequences of actions." Language Sciences 58 (November 2016): 8–21. http://dx.doi.org/10.1016/j.langsci.2016.02.008.
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Spieralska, Beata. "Coreferentiality in Absolute Constructions in Late Latin." Acta Antiqua Academiae Scientiarum Hungaricae 59, no. 1-4 (September 25, 2020): 295–304. http://dx.doi.org/10.1556/068.2019.59.1-4.26.
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Summary:The aim of the paper is to examine the types of coreferentiality that exist between implicit and explicit elements of absolute constructions and the constituents of the clauses in which these constructions are embedded. The question is analysed from a diachronic perspective. I argue that the problem of coreferentiality should be taken into consideration in discussions on the emergence of the accusative or nominative absolute, and in discussions about such phenomena as nominativus pendens.
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Romero, Sergio. "The emergence of negative concord in Santa María Chiquimula K'ichee’ (Mayan): A variationist perspective." Language Variation and Change 27, no. 2 (June 8, 2015): 187–201. http://dx.doi.org/10.1017/s0954394515000058.
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ABSTRACTThis paper is a quantitative study of the emergence of negative concord in Santa María Chiquimula K'ichee’, apparently the only known case of negative concord in the Mayan stock. It is the latest development in a series of recent changes in the syntax of negative clauses in K'ichee’ (Romero, 2012). Using apparent time and comparative cross-dialectal data, I show that negative concord in this variety is a change in progress that started no earlier than the turn of the 20th century.
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Borges, Humberto, and Acrisio Pires. "The emergence of Brazilian Portuguese: Earlier evidence for the development of a partial null subject grammar." Proceedings of the Linguistic Society of America 2 (June 12, 2017): 31. http://dx.doi.org/10.3765/plsa.v2i0.4096.
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Brazilian Portuguese (henceforth, BP) is currently analyzed as a partial null subject language (NSL). This work shows the earliest attested changes in the properties of null subjects in the Goiás dialect of Brazilian Portuguese. We analyze original data from colonial period manuscripts written in Goiás, a state located in Brazil’s center-west region, and provide empirical evidence of the loss of null subjects in BP grammars in historical data between the 18th and 19th century, preceding the period for which these changes have been reported regarding other dialects of BP. The analysis of our 18th and 19th century corpus shows an early significant rise in the realization of overt subjects. In addition, the loss of verb-subject (VS) free inversion, a property common to NSLs, drops from 57% in the 18th century to only 22.5% in the 19th century. On the other hand, a potential impoverishment of theverbal paradigm did not play a significant role in this early rise of overt subjects: only 15% of the clauses with a plural external argument in the 19th century data did not show overt agreement between the verb and the external argument, and all of them occur strictly with unaccusative or existential verbs. We take this as evidence that the loss of null subjects in BP was primarily linked to the loss of free VS-inversion, and not to the loss of clausal agreement. We propose that D-feature in T (an EPP-feature) was valued by V-movement to T in the 18th century, yielding a consistent NSL (Holmberg 2010). We argue that the loss of the requirement of the D-feature in T(tense) was a primary trigger for the partial loss of null subjects and parallel loss of free inversion from the 18th to the 19th century in Goiás BP, giving then rise to a partial NSL (without a D-feature in T).
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Weiß, Helmut. "Rebracketing (Gliederungsverschiebung) and the Early Merge Principle." Diachronica 36, no. 4 (December 18, 2019): 509–45. http://dx.doi.org/10.1075/dia.00015.wei.
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Abstract The concept of Gliederungsverschiebung (rebracketing) was introduced by the Neogrammarians and it is probably the first explanation of syntactic change proper. Originally, it was conceived of to explain the emergence of the complementizer dass “that”, which was held to go back to a demonstrative pronoun that refers cataphorically to a following main clause and which was eventually reanalyzed as introducing the second clause. This paper presents several examples of rebracketing (mainly from various stages of German) and argues that rebracketing is only possible if the clause whose boundary is shifted is embedded under and selected by a lexical head that is eventually reanalyzed as a complementizer. This condition on rebracketing follows from the fact that otherwise, the respective clause would be a phase and no longer accessible for operations from outside (thus excluding rebracketing). Additionally, the paper argues that rebracketing is economy-driven in that it minimizes the structure and it is motivated by the Principle of Early Merge that applies whenever no further movement follows.