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1
States, United. Public debt limit provisions. Washington, D.C. ? : U.S. G.P.O., 1987.
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2
Eduardo, Borensztein, Levy Yeyati Eduardo et Panizza Ugo, dir. Living with debt : How to limit the risks of sovereign finance. Washington, DC : Inter-American Development Bank, 2006.
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Armin, Gutowski, et Holthus Manfred, dir. Limits to international indebtedness. New Brunswick, [N.J.], U.S.A : Transaction Books, 1988.
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Staff, International Monetary Fund. Burundi : Request for Modification of Nonconcessional External Debt Limit under the Extended Credit Facility. International Monetary Fund, 2011.
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Staff, International Monetary Fund. Burundi : Request for Modification of Nonconcessional External Debt Limit under the Extended Credit Facility. International Monetary Fund, 2011.
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Fund, International Monetary. Burundi : Request for Modification of Nonconcessional External Debt Limit under the Extended Credit Facility. International Monetary Fund, 2011.
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Staff, International Monetary Fund. Burundi : Request for Modification of Nonconcessional External Debt Limit under the Extended Credit Facility. International Monetary Fund, 2011.
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Fund, International Monetary. Burundi : Request for Modification of Nonconcessional External Debt Limit under the Extended Credit Facility. International Monetary Fund, 2011.
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Staff, International Monetary Fund. Burundi : Request for Modification of Nonconcessional External Debt Limit under the Extended Credit Facility. International Monetary Fund, 2011.
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Bank, Inter-Amer Dev. Living with Debt : How to Limit the Risks of Sovereign Finance (David Rockefeller/Inter-American Development Bank) (David Rockefeller/Inter-American Development Bank). Harvard University David Rockefeller Center for Latin American Studies, 2006.
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11
Gonsal, Edith Bernadette Battle. External barriers that limit or impede the occupational achievements of professional Black women working in predominately White organizations. 1991.
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McCleary, Richard, David McDowall et Bradley J. Bartos. External Validity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190661557.003.0009.
Texte intégralRésumé :
A threat to external validity is any factor that limits the generalizability of an observed result. Unlike all threats to statistical conclusion and internal validities and some threats to construct validity, threats to external validity cannot ordinarily be controlled by design. Nor is there any disagreement on how threats to external validity should be controlled. In most instances, it can only be controlled by replication?—across subjects, situations and time frames. This seldom happens, unfortunately, because the academic incentive structure discourages replication. The contemporary “reproducibility crisis” was spurred by a collaborative group of social scientists attempting to replicate one hundred experimental and correlational studies published in three mainstream psychology journals. Sixty percent of replications failed to reproduce the published effect. Failures to control for threats to external validity that stem from uncontrolled variations in persons, situations, and time frames, parsimosniously explain the failure rate in this replication study.
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Bi, Huixin. Fiscal Limits, External Debt, and Fiscal Policy in Developing Countries. International Monetary Fund, 2014.
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Shen, Wenyi, Huixin Bi et Susan S. Yang. Fiscal Limits, External Debt, and Fiscal Policy in Developing Countries. International Monetary Fund, 2014.
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Bi, Huixin, Shu-Chun Ms Yang et Wenyi Ms Shen. Fiscal Limits, External Debt, and Fiscal Policy in Developing Countries. International Monetary Fund, 2014.
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Aziz, Sahar. Theater or Transitional Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190628567.003.0011.
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In Chapter 11, Sahar Aziz discusses rule of law and judicial independence in the context of the Egyptian transition. She argues that while many external observers have viewed the Egyptian judiciary as relatively independent, political control by the Mubarak regime limited that independence successfully, and rendered the judiciary conservative. Further, she argues, while the concept of rule of law has been operational in the country, rather than a thick understanding of rule of law, there has been a hybrid version, of thin rule of law combined with rule by law. These phenomena operate in the context of patterns of patronage and the “deep state” to limit the prospect of reform.
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Glazov, M. M. Electron Spin Decoherence by Nuclei. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807308.003.0007.
Texte intégralRésumé :
The discussion of the electron spin decoherence and relaxation phenomena via the hyperfine interaction with host lattice spins is presented here. The spin relaxation processes processes limit the conservation time of spin states as well as the response time of the spin system to external perturbations. The central spin model, where the spin of charge carrier interacts with the bath of nuclear spins, is formulated. We also present different methods to calculate the spin dynamics within this model. Simple but physically transparent semiclassical treatment where the nuclear spins are considered as largely static classical magnetic moments is followed by more advanced quantum mechanical approach where the feedback of electron spin dynamics on the nuclei is taken into account. The chapter concludes with an overview of experimental data and its comparison with model calculations.
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Buzan, Barry, et Lene Hansen. Defining–Redefining Security. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.382.
Texte intégralRésumé :
International security studies (ISS) has significantly evolved from its founding core of “golden age” strategic studies. From the onset of the Cold War in the late 1940s through to the 1970s, strategic studies virtually was ISS, and remains a very large part of it. The fact that it continues to stand as the “mainstream” attacked by widening/deepening approaches further speaks to its status as a “core.” This core consists of those literatures whose principal concern is external military threats to the state, and the whole agenda of the use of force which arises from that. This core was originally focused on nuclear weapons and the military-political rivalry between the US and the Soviet Union, but has since adapted its focus to changes in the salience and nature of military threats caused by the end of the Cold War and 9/11. It includes literatures on deterrence, arms racing, arms control and disarmament, grand strategy, wars (and “new wars”), the use of force, nuclear proliferation, military technology, and terrorism. Debates within ISS are structured, either implicitly or explicitly, by five questions: (1) which referent object to adopt, (2) whether to understand security as internally or externally driven, (3) whether to limit it to the military sector or to expand it, (4) what fundamental thinking about (international) politics to adopt, and (5) which epistemology and methodology to choose.
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Li Bassi, Gianluigi, et Carles Agusti. Toilet bronchoscopy in the ICU. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199600830.003.0122.
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Critically-ill patients retain respiratory secretions. Toilet bronchoscopy is applied to aspirate retained secretions and revert lung atelectasis. Toilet bronchoscopy is particularly indicated when retained secretions are visible during the procedureand air-bronchograms are not present at the chest radiograph. Yet, toilet bronchoscopy should only be applied when other less invasive methods of secretion removal have failed. Ventilatory settings during the intervention, the inspiratory fraction of oxygen should be increased to 100%. In volume control ventilation, the pressure limit alarm needs to be increased; during pressure-controlled ventilation, the set inspiratory pressure should be increased. The external PEEP should be decreased to at least 50% of the baseline values, to prevent barotrauma. The use of sedatives, analgesics, and topical anaesthetics is mandatory to achieve favourable procedural condition. Toilet bronchoscopy is also feasible and safe in critically-ill patients undergoing non-invasive ventilation.
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Suryanarayan, V. India–Sri Lanka Equation. Sous la direction de David M. Malone, C. Raja Mohan et Srinath Raghavan. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780198743538.013.30.
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This chapter provides an overview of India–Sri Lanka relations since the dawn of independence. Being a small country, bordering on a colossus, it is natural that Sri Lanka should entertain fears about the intentions and objectives of its northern neighbour. Very often, the Sinhalese elite, in order to limit Indian influence, tries to involve external powers, which contribute to the worsening of India–Sri Lanka relations. Significant highlights in the chapter include: problems of stateless people, delimitation of the maritime boundary, New Delhi’s policy towards ethnic conflict, the India–Sri Lanka Accord and the 13th Amendment, the refugee phenomenon, the travails of fishermen, and India–Sri Lanka economic cooperation. The full potential of India–Sri Lanka relations can be accomplished only when the ruling elite view geography as an opportunity and not as a hindrance.
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Richard, Calnan. Part II Text and Context, 4 Principle 4 : The Context. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792307.003.0005.
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This chapter explains that contracts are read in the context of their background facts. These are the facts reasonably available to the parties which are relevant to establishing how a reasonable person would understand what the parties intended by the contract when it was entered into. It discusses the different approaches to context. Some judges are keen to use the context fully. Others would rather limit the extent to which external factors can influence the words of the contract. This is an important practical issue on which there are divergent views, and the chapter discusses the issues concerned and suggests a way forward. It discusses the limitations on the use of context, including the use of prior negotiations and subsequent conduct in interpreting contracts. It also discusses the effect on third parties of a contextual reading of contracts.
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Hsu, Shi-Ling. International Market Mechanisms. Sous la direction de Kevin R. Gray, Richard Tarasofsky et Cinnamon Carlarne. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199684601.003.0012.
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This chapter describes the role of international market mechanisms in reducing pollution and the costs of doing so. It looks into two mechanisms established by economists John H. Dales and Arthur Cecil Pigou. Dales propounded the mechanism of ‘pollution permit-trading’ which, instead of regulating pollution on a source-by-source or emitter class-by-emitter class basis, a regulatory agency from the beginning would limit the overall amount of pollution allowed. Firms could then trade amongst themselves, effectively using the market to determine which of them should be able to pollute, how much, and when. The other market mechanism is the Pigouvian tax, which is the tax levied per unit of pollution emitted. By pricing these external costs and forcing polluters to consider them in their private calculus, Pigouvian taxes force polluters to balance the social costs and their private economic benefits of polluting.
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External Governance as Security Community Building : The Limits and Potential of the European Neighbourhood Policy. Palgrave Macmillan, 2016.
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Rieker, Pernille. External Governance As Security Community Building : The Limits and Potential of the European Neighbourhood Policy. Palgrave Macmillan, 2016.
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Erik Jaap, Molenaar. 13 Port and Coastal States. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0013.
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This chapter discusses port States, coastal States and their jurisdictions. Seaports give access to the landmass of a State for persons and goods, and are therefore logical points of control for, inter alia, customs, immigration, sanitation and national security purposes. The spatial scope of a seaport includes the outermost permanent harbour works — but not offshore installations and artificial islands — as well as roadsteads that extend beyond the outer limit of the territorial sea, provided they are normally used for the loading, unloading and anchoring of ships. Port State jurisdiction can be defined as relating to activities and standards occurring within, or applicable to: the port; the maritime zones of other coastal States; areas beyond national jurisdiction (i.e. the high seas and the ‘Area’); and the maritime zones of the coastal State in which the port is located. Coastal States are universally understood to be States with a sea-coastline. A coastal State's jurisdiction relates to its own maritime zones, and encompasses the resources and activities therein as well as external impacts on them.
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Decoeur, Henri. The Limits of Applicable Crime-suppression Conventions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198823933.003.0005.
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Chapter 4 highlights the limits of applicable crime-suppression conventions in cases of state organized crime, analysing the practical and normative shortcomings of relevant treaty provisions as well as external procedural bars. It discusses the fragmentation of the applicable law, the limits in politically sensitive cases of a territorial approach to jurisdiction, and of the principles governing extradition proceedings and the obligation aut dedere aut judicare, as well as the international law of immunities shielding state officials from foreign criminal proceedings as well as state property from measures of foreign judicial constraint. It also argues that the existing law fails to fulfil a crucial expressive function by not taking into consideration the involvement of state organs and resources in organized crime.
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Cappelen, Herman. Concluding Remarks and the Limits of the Intellect. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198814719.003.0019.
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Calling the topic of this book ‘conceptual engineering’ wasn’t an easy choice and arguably it wasn’t a good one. At the end of the day—looking at the positive proposal as a whole—there aren’t any concepts involved and there’s hardly any engineering. I’ve given you a theory of conceptual engineering without concepts and without engineering. The things most philosophers and psychologists call ‘concepts’ play no role. And there’s very little engineering because the changes that happen are the result of inscrutable external factors that we lack control over. So why use the expression ‘conceptual engineering’ when it turns out to be so misleading?...
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Selim, Gamal M. International Dimensions of Democratization in Egypt : The Limits of Externally-Induced Change. Springer London, Limited, 2015.
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Selim, Gamal M. M. The International Dimensions of Democratization in Egypt : The Limits of Externally-Induced Change. Springer, 2016.
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Selim, Gamal M. The International Dimensions of Democratization in Egypt : The Limits of Externally-Induced Change. Springer, 2015.
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31
Paul, Berman. Book IV Multilateral Diplomacy, Human Rights, and International Organizations, 22 The European Union—II External Relations. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0022.
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This chapter examines the unique characteristics of the European Union in conducting its external relations, including its limitations and complex division of responsibilities. The Union’s position on the international stage has frequently been seen as ambiguous. Its extensive common policies and legislation, and its extensive relations with third States and international organizations, can create the expectation that the European Union can or should act at the international level in a manner akin to that of a single State. However the Union can only act within the limits of the powers conferred on it by its Member States under the EU Treaties and the complex division of responsibilities amongst the Union’s own institutions. As such, dealing with the European Union at the international level can indeed be perplexing.
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Shapiro, Kimron, et Simon Hanslmayr. The Role of Brain Oscillations in the Temporal Limits of Attention. Sous la direction de Anna C. (Kia) Nobre et Sabine Kastner. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199675111.013.037.
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Attention is the ubiquitous construct referring to the ability of the brain to focus resources on a subset of perceptual input which it is trying to process for a response. Attention has for a long time been studied with reference to its distribution across space where, for example, visual input from an attentionally monitored location is given preference over non-monitored (i.e. attended) locations. More recently, attention has been studied for its ability to select targets from among rapidly, sequentially presented non-targets at a fixed location, e.g. in visual space. The present chapter explores this latter function of attention for its relevance to behaviour. In so doing, it highlights what is becoming one of the most popular approaches to studying communication across the brain—oscillations—at various frequency ranges. In particular the authors discuss the alpha frequency band (8–12 Hz), where recent evidence points to an important role in the switching between processing external vs. internal events.
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Roth, Louise Marie. The Business of Birth. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479812257.001.0001.
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The Business of Birth examines the effects of malpractice and reproductive rights laws on maternity care practices in the US from 1995 to 2015. It is a common public belief that frivolous malpractice claims and women’s choices shape hospital birth practices. This book uses mixed methods to demonstrate that this belief is inaccurate. The Business of Birth carefully documents how there are interconnected systems of laws and policies, or legal “regimes,” that influence birth practices in unexpected ways. When it comes to malpractice, the standard of care that defines malpractice is internal to the medical profession. This means that tort laws do not exert the external pressure that physicians believe they do, although professional associations, liability insurers, risk managers, and hospital legal counsel reinforce a fear of liability risk. This fear can encourage obstetricians to intervene into labor and birth with scientifically unsupported technology or procedures with known risks. But reducing liability risk can encourage risky practices that promote organizational efficiency over patient safety. The Business of Birth also examines the implications of reproductive rights laws for maternity care practices, defining states that protect women’s reproductive rights as woman-centered and those that protect fetuses as fetus-centered. Reproductive justice theory argues that pregnant women’s rights during childbirth are connected to laws governing the full spectrum of reproduction. Woman-centered approaches to pregnancy and abortion promote choice, informed consent, and the right to bodily integrity when women give birth, while fetus-centered regimes limit women’s rights and choices during birth.
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Sedelmeier, Ulrich. 17. Enlargement. Oxford University Press, 2017. http://dx.doi.org/10.1093/hepl/9780199689675.003.0017.
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This chapter examines the main phases of the European Union’s enlargement policy process — association, pre-accession, and accession — and the key decisions involved in each of these stages, how they are made, and how policy practice has evolved over time. It first considers the EU rules, procedures, and policy for the accession of new members before discussing association agreements, a long-standing instrument for the EU’s external relations: these include the European Economic Area agreement, Europe agreements, and stabilization and association agreements. It then explores enlargement as a tool of foreign policy and external governance as well as the development of the EU’s accession conditionality. It concludes with an assessment of the EU’s ‘enlargement fatigue’ after the 2007 enlargement and the limits of the success of accession conditionality, both temporal and geographical.
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Imlay, Talbot C. The Stakes of Decolonization, 1945–1960. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199641048.003.0011.
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In examining the efforts of European socialists to forge a common position towards the issue of post-war empires, this chapter highlights some of the political stakes involved in decolonization. As debates between European and Asian socialists suggest, the process of decolonization witnessed a struggle between competing rights: national rights, minority rights, and human (individual) rights. Each set of rights possessed far-reaching political implications, none more so than minority rights, as they were often associated with limits on national sovereignty. These limits could be internal, such as constitutional restraints on the working of majority rule; but they could also take the form of external constraints on sovereignty, including alternatives to the nation state itself. The victory of the nation state, in other words, was inextricably tied to the defeat of minority rights as well as the growing predominance of human rights.
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Levinson, Marjorie. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810315.003.0001.
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The Introduction explains the combination of a narrative arc and conceptual structure in the organization of the book. The former, primarily diachronic, discussion is concerned with the development of the field of Romanticism since the 1980s, presented through both a review of scholarship and exemplary readings of well-known lyric poems. The latter, predominantly synchronic, presentation entails an argument for the analytical value of field theories of form—that is, frameworks drawn from early modern philosophy (Spinoza) and postclassical life- and physical sciences, especially models of self-organization. As an alternative to the external, retrospective perspective provided by, for example, Rita Felski in The Limits of Critique, it draws on the work of Martin Heidegger, Pierre Macherey, and the poet-critic J. H. Prynne to offer a conjunctural approach.
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Bolt, Paul J., et Sharyl N. Cross. The Sino–Russian Military–Security Relationship. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198719519.003.0003.
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China and Russia see numerous external and internal challenges that threaten their security, including Russia’s standoff with NATO over Ukraine and China’s territorial disputes in the South China Sea, and both states are increasing the capabilities of their military forces. In this environment, China and Russia have established a secure border that enables them to focus elsewhere. Russian arms sales to China are important, and the two sides engage in joint military exercises, both bilaterally and in conjunction with the Shanghai Cooperation Organization. They further cooperate on regional issues and space. However, China and Russia have not formed a military alliance, and the memory of past conflicts and the growing power of the People’s Liberation Army (PLA) vis-à-vis the Russian military place limits on security cooperation.
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Walton, Charles. Clubs, Parties, Factions. Sous la direction de David Andress. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199639748.013.021.
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Historical debate over the political clubs of the French Revolution over the past two centuries has turned on the question of whether factionalism grew out of their democratic principles or from external circumstances. This chapter suggests that neither ideology nor circumstances can fully account for this radicalization. Instead, the conditions of a ‘weak state’ must be addressed. When authorities were unable or unwilling to implement legislation or to respond to demands coming from society, the clubs often intervened, militating for action to be taken. Tax collection and the crisis of subsistence constituted two crucial issues that the state failed to managed. The clubs, which were divided on these issues, found themselves debating them in a context in which no legal limits on slander (another state weakness) existed. Unchecked calumny poisoned intra and inter-club relations and contributed to factionalism.
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Williams, Susan H. Legal Pluralism, Gender Equality, and Parity of Participation : Constitutional Issues Concerning Customary Law in Liberia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198829621.003.0006.
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This chapter examines the practice of customary law in Liberia and how it contributes to gender inequality. The familiar menu of constitutional tools to protect equality has often failed, both because external legal limits on customary law are inaccessible to women in traditional communities and because they put those women in the position of opposing their own communities. The only sustainable solution is to empower women to reshape their own customary law. This requires rethinking culture and customary law at three levels: first, we must view culture as an evolving process to which all members contribute; second, we must view customary law as an evolving part of the common law that interacts with state law; and third, we must enhance ‘participatory parity’ for women. The chapter concludes with suggestions for constitutional reform in Liberia to promote the role of women as norm creators.
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S P, Sathe. 5 India : From Positivism to Structuralism. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199226474.003.0006.
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The constitution of India is not merely a law prescribing a division of power and limits to power, but contains a bill of rights and positive directions to the State to establish a just social order. It incorporates the essential aspects of parliamentary democracy, federalism, provisions regarding inter-state trade, and commerce, among other features. This chapter discusses the salient features of the Indian constitution, directive principles, separation of powers, constitutional amendment, judicial review, problems and methods of constitutional interpretation, positivist and structuralist interpretation, constituent assembly and the role of the judiciary, legal positivism of the early years, external aids to interpretation, resolution of conflicts between constitutional provisions, freedom of religion, powers and privileges of legislatures, affirmative action for the weaker sections of society, freedom of speech, property rights, post-emergency judicial activism, independence of the judiciary, the court as a political institution, and institutional and cultural factors underlying constitutional interpretation.
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Lange, Joachim, et Henrik Uterwedde, dir. Frankreich und Deutschland. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783748904885.
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This volume offers a comprehensive comparison of the growth models, economic problems and economic policy perspectives of France and Germany. In particular, the articles it contains highlight the different structural economic developments in the two countries and address questions of competitiveness and Germany’s high external surpluses as well as the structural reforms in France under President Macron. At the same time, the different economic policy views of the two countries are highlighted, which are also reflected in their positions on the reform and further development of the European Economic and Monetary Union. The book thus provides a guide to understanding the current controversies between the two countries and their causes. It shows the limits of Franco–German cooperation, but also explores opportunities for compromises and joint European initiatives. With contributions by Martin Hallet, Birgit Honé, Prof. Dr. Christian Kastrop, Dr. Rémi Lallement, Dr. Joachim Lange, Frédéric Petit, Dr. Michael Thöne, Prof. Dr. Henrik Uterwedde, Prof. Dr. Henrik Torsten Windels
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Moulds, Maxwell, James Tuttle et David Lane. Hawkmoths of Australia. CSIRO Publishing, 2020. http://dx.doi.org/10.1071/9781486302826.
Texte intégralRésumé :
Hawkmoths are large charismatic insects with highly variable and colourful larvae. Some species are specialised in their habitat preferences, but others are widespread and often encountered in gardens. However, little is known about most species, and associating the adults with their larvae has previously been difficult or impossible.
Hawkmoths of Australia allows identification of all of the Australian hawkmoths for the first time and treats species found on mainland Australia, Tasmania and all offshore islands within Australian limits. It presents previously undescribed life histories of nearly all species and provides a comprehensive account of hawkmoth biology, including new parasitoids and their hawkmoth hosts. Detailed drawings and photographs show the external and internal morphology of adults and immatures, and eggs, larval instars and pupa. Keys are provided for last instar larvae and pupae of the 71 species that the authors have reared. The book is concluded by a glossary, appendices to parasitoids and larval foodplants, an extensive reference list with bibliographical notes and a comprehensive index.
The wealth of new information in this book makes it an essential reference for anyone interested in these moths.
Hawkmoths of Australia is Volume 13 of the Monographs on Australian Lepidoptera Series.
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Karapapa, Stavroula. Defences to Copyright Infringement. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198795636.001.0001.
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Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, transforming the way in which copyright works can be used, from digital learning methods to mass digitization initiatives, media monitoring services, image transformation tools, and content mining technologies. The lawfulness of such innovative services and business methods, which arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. Because the fourth industrial revolution promises innovation and business growth—stated objectives of EU copyright—it invites an examination of defensive rules as a whole. The book adopts a holistic approach in its exploration of the limits of permissibility under EU copyright, including legislatively mentioned exceptions and limitations, doctrinal principles, and rules external to copyright, with a view to unveiling possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, Court of Justice of the European Union case law, and insights from national laws and cases, the book tells the story of copyright from the perspective of copyright defences, offering positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.
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Hasan, Zoya. Ideology and Organization in Indian Politics. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192863416.001.0001.
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Abstract This book examines the immense changes in Indian politics over the past decade and its impact on the Indian National Congress. The impact is most apparent in the changing fortunes of the Congress party, which suffered two major defeats in the 2014 and 2019 elections, bringing the party’s crisis to the front and Centre of public debate. This book seeks to understand the reasons for these enormous changes by looking, first, at the underlying conditions that led to the decline of the Congress and, second, the challenges—both external and internal—confronting the Congress and, while doing so, estimating its impact on Indian politics and on the Congress. More specifically, it looks at how important ideological debates provoked by the rise of majoritarianism, the Gujarat model, hyper-nationalism, the secular retreat, and the curbs and restrictions on the opposition influenced the Congress. Exploring ideological shifts and organizational limits that shaped the decline of the Congress make a compelling case for the significance of the Congress story in understanding the larger political transformation underway in India. The argument centres on the Congress party, but comparatively speaking, it has relevance for the experience of centrist and centre-left parties in other countries, which too suffered a decline in the context of the upsurge of populist nationalism and right-wing politics in the past few years. Analysis of political change in India in the past decade affords insights into the processes of transformation and polarization that grounded the Congress party and centrist parties in other countries as well.
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Hunt, Luke William. The Retrieval of Liberalism in Policing. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190904999.001.0001.
Texte intégralRésumé :
There is a growing sense that many liberal states are in the midst of a shift in norms—a shift that is happening slowly and for a variety of reasons relating to security. The Internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. The recent uptick in reactionary movements—movements in which the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is as an examination of the moral limits on modern police practices that flow from the basic legal and philosophical tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule-of-law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism.
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Hodgson, Jacqueline S. The Metamorphosis of Criminal Justice. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199981427.001.0001.
Texte intégralRésumé :
The focus of this book is the potentially radical and fundamental changes that are taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European, or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, the book then discusses how the roles of prosecution and defense have been reshaped in different ways in both jurisdictions—both in the text of the law and in their practices. The final part considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and, in particular, the role of the defense in these procedures. By adopting a comparative approach with France, the study explores the nature and reach of these trends, the ways that they challenge and disrupt criminal processes and values, and the contrasting responses that they provoke. It reveals how criminal justice traditions continue to be shaped in different ways by broader policy and political concerns; how different systems adapt, change, and distort when faced with (sometimes conflicting) pressures domestically and externally; and how different procedural values may serve to structure or limit reform, and so work to facilitate or resist change.
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Muders, Thomas, et Christian Putensen. Pressure-controlled mechanical ventilation. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199600830.003.0096.
Texte intégralRésumé :
Beside reduction in tidal volume limiting peak airway pressure minimizes the risk for ventilator-associated-lung-injury in patients with acute respiratory distress syndrome. Pressure-controlled, time-cycled ventilation (PCV) enables the physician to keep airway pressures under strict limits by presetting inspiratory and expiratory pressures, and cycle times. PCV results in a square-waved airway pressure and a decelerating inspiratory gas flow holding the alveoli inflated for the preset time. Preset pressures and cycle times, and respiratory system mechanics affect alveolar and intrinsic positive end-expiratory (PEEPi) pressures, tidal volume, total minute, and alveolar ventilation. When compared with flow-controlled, time-cycled (‘volume-controlled’) ventilation, PCV results in reduced peak airway pressures, but higher mean airway. Homogeneity of regional peak alveolar pressure distribution within the lung is improved. However, no consistent data exist, showing PCV to improve patient outcome. During inverse ratio ventilation (IRV) elongation of inspiratory time increases mean airway pressure and enables full lung inflation, whereas shortening expiratory time causes incomplete lung emptying and increased PEEPi. Both mechanisms increase mean alveolar and transpulmonary pressures, and may thereby improve lung recruitment and gas exchange. However, when compared with conventional mechanical ventilation using an increased external PEEP to reach the same magnitude of total PEEP as that produced intrinsically by IRV, IRV has no advantage. Airway pressure release ventilation (APRV) provides a PCV-like squared pressure pattern by time-cycled switches between two continuous positive airway pressure levels, while allowing unrestricted spontaneous breathing in any ventilatory phase. Maintaining spontaneous breathing with APRV is associated with recruitment and improved ventilation of dependent lung areas, improved ventilation-perfusion matching, cardiac output, oxygenation, and oxygen delivery, whereas need for sedation, vasopressors, and inotropic agents and duration of ventilator support decreases.