Articles de revues sur le sujet « Judgments, Foreign – Europe »

AbstractThe recognition of foreign judgments lacking reasons raises several policy issues. Reason-giving is perceived by the European Court of Human Rights as critical to ensure an effective access to justice. Yet, foreign judgments often lack reasons because the defendant failed to appear before the foreign court, and it may be right to sanction this strategy of foreign court avoidance. Finally, the European Union has begun to implement its policy of efficiency of cross-border enforcement, which commands states to recognize such judgments irrespective of any other consideration. This article explores whether these conflicting issues can be reconciled.

In the early Nineties the Hague Conference on International Private Law on initiative of the United States started negotiations on a Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the “Hague Convention“). In October 1999 the Special Commission on duty presented a preliminary text, which was drafted quite closely to the European Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (the “Brussels Convention“). The latter was concluded between the then 6 Member States of the EEC in Brussels in 1968 and amended several times on occasion of the entry of new Member States. In 2000, after the Treaty of Amsterdam altered the legal basis for judicial co-operation in civil matters in Europe, it was transformed into an EC Regulation (the “Brussels I Regulation”).

In the article, the authors consider two main forms of cooperation in the field of human rights. According to the authors, a more universal form of cooperation is currently not related to the subordination of the parties to an agreement on human rights to the jurisdiction of an interstate body. The subordination of Russia to such a body must meet a number of conditions that the Council of Europe does not meet. This leads to problems with Russians implementation of the decisions of the ECHR In conclusion, the authors believes that the ECHR is an effective mechanism for the protection of rights and freedoms only for a group of founding states of the Council of Europe, bound by common interests, values, coordinated foreign and domestic policies. The authors believes that Russia needs to return to the rules of international cooperation in the field of human rights set out in Helsinki Final Act on Security and Cooperation in Europe.

The European Convention on Human Rights is a document that guarantees human rights by limiting the scope to Europe. In the Convention on Human Rights, various human rights are derived and guaranteed by the interpretation of the European Court of Human Rights as well as human rights under the Convention. Among the human rights guaranteed by the Human Rights Convention, there is a right to trial. The right to a trial is the right to a fair trial, the right to a trial within a reasonable period of Consisted. Recently, as movement between countries has become easier, the right to a trial has become an issue not only in domestic judicial procedures but also in the recognition and enforcement of foreign judgments. The basic purpose of the right to a trial is to obtain relief from the right through a fair and expeditious trial in an independent court for those who want to settle personal disputes and disputes between innocence and innocence of those charged with criminal trials through judicial procedures. The right to receive such a trial has the character of a subjective right, but it can be seen that the state's discretion is wide due to the nature of the state power called judicial power. Due to the nature of the state power of judicial power, there is also a wide room for the discretion of the state. The European Court of Human Rights interprets the right to a trial under the Human Rights Convention more broadly, and recognizes the right to the recognition and execution of foreign judgments as precedents. In this paper, the meaning of the recognition and enforcement of foreign judgments, which have been formed by the precedents of the European Court of Human Rights, and the guarantee procedures and limitations in contracting countries are to be reviewed.

The institution of a bank mortgage denominated/indexed to foreign currency (referred to generally and not very precisely as “foreign currency loan” or “loan adjusted to foreign currency”) is an instrument commonly used by a broad group of citizens of European states for acquiring capital with a view to purchasing a housing unit. Until recently, such loans were popular not only in Poland and other countries belonging to the so-called “New Union” (those whose accession took place within the last decade or so: Czech Republic, Slovakia, Romania, Hungary and Croatia), Austria, Spain, Italy, Portugal, but also outside of the borders of the Union: in Russia, Serbia and Ukraine (however, one difference was the currency in which obligations were evaluated – whilst loans in EU countries were dominated by the Swiss Franc, Ukrainian lendees more frequently relied upon loans “adjusted” to the U.S. dollar). Regardless of differences persisting in legislative regimes, peculiarities of national legal systems and local economic and social conditions, in all those countries doubts have arisen whether a drastic change in currency rate (which results in an obligation to pay off a loan on conditions much less attractive than beforehand) constitutes a legally relevant circumstance that could permit one to release oneself from having to perform one’s contractual duties or, at least, facilitate granting some relief in fulfilling increasingly more onerous obligations towards banks. To discuss the permissibility and legal aspects of foreign currency loan contracts is complicated not only from the juridical point of view, but is also of interest to society, politics and economics. Still, the problem attracts strong emotions, particularly among lendees who took out a foreign currency loan and now feel deceived due to a change of the currency rate. The lendees and their organizations often expect involvement, particularly from EU bodies, where, in their estimation, domestic authorities have failed or “succumbed to the banking lobby”. Unfortunately, having observed the course of events over the last several years, one may surmise that the low number of judgments in cases concerning denominated bank loans, and especially the sceptical approach of the Court of Justice, have generated a lot of disappointment.

The article substantiates the relevance of improving the quality of foreign language education of graduates of higher education institutions of non-special faculties as a means of their professional mobility in the domestic and world labor market and intercultural communication in modern globalized world. It is focused on ensuring the innovative development of its teaching methods, the introduction of modern technologies, bringing the learning process in line with world and European requirements.The classification of teaching methods in pedagogical science is considered, among which the classification of A. Beliaev, based on the active interaction of subjects of the educational process, is determined as the most appropriate for mastering a foreign language.The most effective didactic methods (project method, method of “brainstorming”, method of business and didactic games) are described. They are applied in learning English at non-special faculties and specific examples of their use in classes both in the classroom and outside it, in real professional and life situations.The peculiarities of using modern information and multimedia technologies in teaching English and innovative approaches in the formation of skills and abilities in reading, writing, communicative competencies are highlighted. The didactic possibilities of electronic platforms MOODLE and Pearson in proficiency in English are revealed.It was found that the expansion of interstate ties, integration into Europe, adherence to world values and the process of globalization has increased the opportunities for contacts with native speakers. Therefore, the study of a foreign language in higher school acquires practical significance, and the communicative function of the language plays a major role in the process of expressing feelings, judgments and assimilation of information and knowledge presented in any form. Keywords: English language, innovative principles, teaching methods, information technologies, multimedia technologies, non-special faculties, educational applicants, communicative competences, institutions of higher education, educational process.

The article analyzes the problems of implementation of the decisions of the European Court of Human Rights by Ukraine. In this context, too, the key problems and peculiarities of the current state of implementation of Ukraine’s judgments of the European Court of Human Rights are highlighted. It is emphasized that the enforcement of judgments by Ukraine is an important guarantee of ensuring the right to a fair trial. However, the lack of proper enforcement is recognized by the European Court of Human Rights as a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the problematic issue in the implementation of ECHR decisions is that the state executor, as a representative of the public authority, receives a salary from the State Budget of Ukraine, but is obliged, according to executive documents, to act against his state. Thanks to the planned reform of the State Bailiffs’ Service of Ukraine, it is envisaged to create a private system of enforcement of court decisions, since a non-governmental institution would not be more effective in this case. The problem of determining the location of the collector by the ECtHR is considered. It is suggested that in order to find out the location (location) of the collector, in accordance with the ECtHR decision, a special procedure should be provided, a list of necessary actions to be taken by a state body. In particular, such actions may be sending requests to the last known place of work. It is emphasized that legal and political risks for Ukraine are that the violating state may be subject to various sanctions, such as deprivation of voting rights or suspension of membership, up to and including exclusion from the Council of Europe. It is proved that the source of inefficient work of the executive service should be sought, first of all, in imperfect legal regulation, numerous legislative restrictions, and insufficient state costs for the implementation of ECtHR decisions. The experience of Germany on the practice of implementing ECtHR decisions is considered and it is proposed to borrow the experience of foreign countries in the current situation. It is noted that an important step of Ukraine towards European statehood is to increase the level of national protection of citizens and to adopt a law that provides for the accountability of public authorities and their officials for inaction in the implementation of ECtHR decisions. Keywords: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, judgment, enforcement, general measures.

The communitarisation of judicial cooperation in civil matters by the Treaty of Amsterdam marks a new epoch in the unification of law in Europe. The European law of conflict of jurisdictions is affected by this, too. On 1 March 2002 Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters entered into force, thus replacing the European Convention of 27 September 1968 (the so-called Brussels Convention). However, the “re-enactment” of the Brussels Convention as a Community regulation is only the first move towards a profound change in the European law system of recognition, a change aimed at the abolition of the exequatur. In accordance with the principle of mutual recognition the objective is to create “freedom of movement for judgments” between the EU Member States (I). First this paper presents the procedure of recognition and enforcement of foreign judgments under the Brussels Convention as well as the modifications introduced by the new regulation (II), focussing on the catalogue of defences to recognition in article 27 of the Brussels Convention, which until now have had to be controlled ex officio by the judge responsible for the recognition of proceedings. Under the new regulation the test of defences to recognition is no longer applied ex officio but shifts to the appellate procedure (articles 43 and 45; III). The paper concentrates on the consequences of the new regulation for the equity of the procedure. Therefore problems resulting from the intended abolition of the exequatur are discussed (IV). Central features of the analysis are the ensuing curtailment of judicial review (and thus of legal protection) and the abolition of the ordre public test. The concludes that the latter cannot be given up as ultima ratio as long as there remain differences between procedural (and hence constitutional) standards in the EU member states, i.e. as long as there is no truly European judicial area (cf. Article 61 EC Treaty; V).

The article presents the structure of Russian citizens' anxiety in the gender context, focusing on the attitude of Russian women to the economic and social policy conducted by the authorities, self-assessment of their financial situation, expectations and vision of the future. The material is based on the data of the 52nd stage of the All-Russian monitoring "How are you, Russia?", conducted with the participation of the authors in May 2022 by the Institute of Socio-Political Research of FCTAS RAS. It shows the convergence of men's and women's value judgments due to the increased social and economic activity of women. At the same time, there is still a traditional difference in the level of income, as well as in the distribution of gender roles according to the archetypes "woman = keeper of the family home" and "man = strategist, thinking globally. Respondents of both sexes expressed equally minimal concern about the topic of the special military operation in Ukraine, with women showing serious concern about the economic consequences of the current foreign policy. In the structure of their anxiety, problems of rising prices, economic sanctions, deteriorating relations with the U.S. and Europe, and, as a consequence, fear of an uncertain future lead the way. Lack of stability and uncertainty decrease the loyalty to the power structures among female respondents, who are the most vulnerable in the current situation, slightly increasing the level of protest activity in parallel.

One of the most striking features of Chief Justice John Roberts’s majority opinion in the U.S. Supreme Court’s judgment in Kiobel v. Royal Dutch Petroleum Co. is how it pays homage to foreign governments’ opposition to the extraterritorial application of the Alien Tort Statute (ATS), as voiced most prominently from European foreign ministries. “[F]oreign policy concerns” and the overarching goal to avoid diplomatic tensions with foreign sovereigns are themes heavily informing the Roberts opinion. The majority found the presumption against extraterritoriality applicable to the ATS in large part due to fear of “unwarranted judicial interference in the conduct of [U.S.] foreign policy” if the Court allowed the ATS to “reach conduct occurring in the territory of a foreign sovereign.” In that light, the Kiobel judgment can be understood primarily as a decision prohibiting the overreach of U.S. law and protecting jurisdictional prerogatives of lex loci delicti and state of incorporation alike.

The article is devoted to the analysis of the political legacy of German Chancellor Angela Merkel and in what way the new German government might possibly use it dealing with the transformation of the country and modernization of the European Union. The new political coalition with possible participation of the Green Party will preserve the continuity of the German foreign policy course for strengthening the European Union, deepening the transatlantic partnership, for active cooperation between Berlin and Paris, as well as for inclusion of Belarus, Moldova and Ukraine into the Euro-Atlantic area. The European sovereignty is the main focal point in Berlin. The Conference on the Future of Europe examines it, as well as other evolution issues. The updated legal framework of the EU, feasible strengthening of the European Parliament positions could help transform the European Union into a weighty actor in the polycentric world. Only powerful, relatively sovereign EU is able to secure the “European way of life”. Judgments about the disintegration of the European Union are far from reality. The EU margin of safety and resistance are quite impressive, primarily due to the economic potential of Germany. However, it is really difficult to predict how the European Union will get out of the crisis caused by Covid 19. American concessions to the Germans on the Nord Stream 2 project mean Biden’s serious attitude towards Merkel and Germany – the leader in the EU and one of the important NATO allies. The conditions for Russia’s return to the “European club”, for example, through the revival of M. Gorbachev’s new political thinking in Moscow, indicate rather an illusory desire. There is another, more pragmatic approach. The single European cultural and historical matrix of Greater Europe, communication between the leaders of the Russian Federation, Germany, France and the USA, the economic foundation of contacts, as well as mutual sympathies between Russians, Germans, Europeans give reason to hope for a turn for the better. The chances of a unification agenda remain. Perhaps, it will be used by future generations of politicians, experts of the Russian Federation and the Federal Republic of Germany without preconditions, on the basis of reasonable compromises. Acknowledgements. The article was prepared within the project “Post-Crisis World Order: Challenges and Technologies, Competition and Cooperation” supported by the grant from Ministry of Science and Higher Education of the Russian Federation program for research projects in priority areas of scientific and technological development (Agreement 075-15-2020-783).

The research paper examines the legal category of procedural (proceedings) law “Right to a Fair Trial” as a fundamental element of the European Human Rights Convention and the judicial practice of the European Court of Human Rights. The Authors concentrate mainly on the general part of Article 6 and focus on crucial aspects of the mentioned right which have become significant for the daily legal practice in the Russian Federation, Republic of Austria and other member states. In the domestic Russian legal doctrine, there are sectoral and international legal studies devoted to the Convention for the Protection of Human Rights and Fundamental Freedoms, the functioning of the European Court of Human Rights and the legal nature of its acts (A. Abashidze, E. Alisevich, M. Biryukov, S. Kalashnikova,V. Tumanov, K. Aristova).Along with this, from the standpoint of conventional rights, Russian legal scholars studied the procedural features of the implementation of acts of the European Court of Human Rights and the application of conventional norms in civil, arbitration and criminal cases (I. Vorontsova, T. Solovieva, M. Glazkova, S. Afanasiev, L. Volosatova, E. Iodkovsky, K. Mashkova, etc.).The private-scientific research methods used by the Authors in the presented scientific article, predominantly comparative, require the study of the works of foreign scholars in the field of law, which include P. Leanza, O. Pridal, D. Spielmann, V. M. Zupancic, H. Mosler, A. Buyse. Despite the rather large volume of doctrinal sources on the nature and implementation of conventional rights, the issues of applying the right to a fair trial in administrative disputes and cases arising from public law relations have not become the subject of scientific research. The empirical basis of the study conducted by the Authors is composed of 66 pilot judgments and other acts of the European Court of Human Rights on complaints from individuals against Russia, Austria, France, Finland, the Netherlands, Great Britain, Switzerland and other member states of the Council of Europe; judicial acts of the courts of Russia, Austria and other European countries. It is concluded that the practice of Article 6 of the European Human Rights Convention by the European Court has had a remarkable and sometimes unprecedented impact on public law and law enforcement activities of the European countries that are parties to the Convention. As Russian and Austrian experience shows, the decision of the European Court on behalf of the enforcement of Article 6 in one specific case can induce the state not only to adopt a separate law, but also to carry out serious institutional changes. Many such examples are given below by the Authors, which testify that the decisions of the European Court are able to act as a powerful law-forming force on the national level.

ObjectivesThe purpose of this article is to show the Western European judgmental failures towards Russia by perceiving it through European values. These failures have a negative impact on European security and all of them appeared because Russia was considered the European state and the European values were put in Russia. In fact, the Russian Federation is only a geographic part of Europe, but no longer a part of European civilization.MethodsThe research was conducted by analyzing the relationship between Western European countries and the Russian Federation, as well as analyzing the general condition of Russian society and Russian foreign policy.ResultsThis article states that Western European countries made a critical mistake by adopting European values to the Russian Federation. This hypothesis was composed by addressing the following question: What is the grand strategy of the Russian Federation? What are judgmental failures and what are their types? What judgmental failures were made by Western Europe towards Russia?ConclusionsThe Russian Federation for the past years has been treated by the Western European states as a strategic business partner, however as it can be seen now, this approach was misleading and was a complete failure in terms of European security. Countries such as France and Germany had not seen Russia as an enemy of the West.

Antisuit injunctions restrain foreign court proceedings in case of a valid agreement for arbitration. In the common law world, it has been argued that they have contributed to London’s eminent position as a popular arbitral seat and that the opinion of Advocate General Kokott of September 4, 2008 and the European Court of Justice (E.C.J.) judgment of February 10, 2009, following the referral of West Tankers Inc. v. RAS Riunione Adriatica di Sicurta S.p.A. (The Front Comor) to the E.C.J. in December 2006, has already promulgated a change in this state of affairs. The purpose of this article is to discuss comparatively antisuit injunctions in relation to arbitration in the United States, the United Kingdom, and in Europe, analyze the aforementioned opinion given by Advocate General Kokott and the E.C.J. judgment that followed, and the future of London’s arbitral popularity, and finally, set out the modern function and role of antisuit injunctions in light of the efforts to harmonize private international law.

Abstract While international human rights law enshrines family life as a cornerstone of society, when it intersects with migration, issues and problems arise in countries where migration is high on the political agenda. This is true in a number of EU states. Both EU law and European human rights commitments, however, require states to provide for family reunification subject to a margin of discretion to the state. While family reunification for refugees and beneficiaries of international protection has been at the top of some political agendas in Europe, this article looks at family reunification (generally known as family reunion) for another group—nationals of the Member States. In particular it poses two questions: do EU Member States accept their own nationals to come back to their home state with third country national family members they have acquired while abroad? Secondly, to what extent do EU Member States discriminate against their own nationals in comparison with the generous EU rules of family reunion for nationals of other Member States who have exercised a free movement right in their country. This article is based on reports by experts from all EU Member States in light of the 2014 judgment in O & B (C-456/12) by the Court of Justice of the European Union.

Abstract Investment screening mechanisms are proliferating, especially in the global North, apparently in direct reaction to China’s global rise and what is perceived to be its ‘weaponized investments’. Given the lack of clear shared objectives and coordination between screening mechanisms, which remain a core prerogative of each sovereign State’s self-judgment on national security, and the possible negative repercussions on the international economy and cooperation, this article looks at the increase of screening mechanisms for foreign direct investments in Europe and the USA in relation to China’s global rise. What does it entail for Chinese outward foreign direct investments and for the international economic legal order more broadly? In discussing the strengths and limitations of screening mechanisms, this article argues that, while the concerns for Chinese commercial investments aimed at acquiring technology and critical assets are legitimate, at the same time, Western States can disproportionally discriminate against Chinese investments by creating an investment regime that is overly protectionist. The article, adopting the recent screening mechanism of the European Union as a model, proposes how screening mechanisms could be improved through harmonization and cooperation among States, alongside the setting of clear objectives to limit their discriminatory, unjustified, and overly discretionary use.

The study is focused on the problematic of spreading multiculturalism at universities in the Czech Republic. The number of immigrants mostly from regions of Eastern Europe coming to work and live in the country keeps growing. From previous research, it is apparent that success in dealing with immigrants at Universities and in the work places is conditioned by the perception of minorities and vice versa. Whereas most of the research is focused on the perception of minority groups, there is a lack of research data regarding the perception of majority groups. The current study is concerned with the perception of a majority group by foreign students from former Soviet Union studying at Czech universities. The methods were chosen to achieve the research objectives. We used free associations, which are best to explore the perception dimensions. A group of foreign students from the former Soviet Union (N = 55) studying at Czech universities were interviewed via the Internet. The research results proved the validity of Susan Fiske’s Model of Stereotype Content of inter-group perception based on agency – communion dimensions. Moreover, the findings showed how different cultures and social backgrounds change the patterns of judgment. These data are considered to be highly important for work in diversified groups. Practical applications of the research outcomes and future directions are discussed.

The decision of the Strasbourg Court in the Levchuk case is important from the point of view of Ukraine's European integration prospects: first, from the point of view of the judicial system's response to domestic violence; secondly, from the point of view of the basic legislation concerning the possibilities of the state's response to these manifestations and the available means of protection. Thirdly, this concerns the ratification of the Istanbul Convention (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence), which entered into force on 1 August 2014, since Ukraine signed the Convention but has not yet done so. party in the absence of ratification of the Convention. It is clear that the future actions proposed by the Ukrainian authorities should be based on the established case law of the European Court of Human Rights, as well as on other international legal instruments, including the Istanbul Convention, which was signed but not ratified by Ukraine. Last but not least is the recognition of the Istanbul Convention as one of the key elements of the EU's foreign, and therefore domestic, policy as a legal mechanism for systematically combating domestic violence.

Abstract: The role and treatment of foreign overriding mandatory provisions in international con­tract law have been subject to academic discussions for a long time. This has not changed with the introduction of Article 9 of the Rome I Regulation. In the judgment discussed in this case note, the Eu­ropean Court of Justice addressed some of the contentious issues in relation to Article 9(3) of the Rome I Regulation. This note examines and evaluates the solutions found by the ECJ and puts them into context. It also points out some questions the ECJ did not discuss; these questions remain open for now but will need to be addressed in the future.Keywords: Article 9(3) Rome I Regulation, foreign overriding mandatory provisions, conflict-of-law level consideration, substantive law level consideration, principle of sincere cooperation.Resumen: El tratamiento de las leyes de policía de terceros estados en derecho de contratos inter­nacionales ha sido objeto de la polémica desde hace tiempo. Esto no ha cambiado con la entrada en vigor del artículo 9 del Reglamento Roma I. Con la sentencia comentada el Tribunal de Justicia de la Unión Europea ha tratado algunas de la cuestiones debatidas respecto al artículo 9.3 del Reglamento Roma I. Este comentario analiza, evalúa y pone en contexto las soluciones encontradas por el TJUE. También aborda las cuestiones que no han sido comentadas por el TJUE; estas cuestiones permanecen abiertas por el momento pero deberán ser examinadas en el futuro.Palabras clave: leyes de policía de terceros estados, consideración en nivel conflictual, considera­ción en nivel sustantivo, principio de cooperación leal.

Resumen: Este trabajo analiza algunas cuestiones que plantea la aplicación de las leyes de policía en el ámbito del Derecho contractual de la UE. Por cuanto se refiere a las normas de este tipo de terceros Estados su aplicación resulta significativamente más compleja, en especial si analizamos su tratamiento en el Reglamento Roma I, mucho más restrictivo que su predecesor el Convenio de Roma de 1980. En este contexto la reciente sentencia del Tribunal de Justicia (Nikiforidis) resulta muy relevante, ya que abre la posibilidad a los Estados miembros para tomar en consideración normas de policía de terceros Estados como elemento fáctico en el marco de la lex contractus, sin sujetarla a las restricciones y condicionantes previstos en el art. 9.3.Palabras clave: leyes de policía, normas imperativas, Derecho contractual europeo, Reglamento Roma I, sentencia Nikiforidis.Abstract: This paper addresses some of the issues raised by the application of overriding mandatory provisions, from a European approach. With regard to foreign overriding mandatory provisions, their application is significantly more complex. This approach appears in European Contract Law, particularly regarding the treatment of this issue in the Rome I Regulation, which is much more restrictive than the Rome Convention of 1980. In this context, the recent case law of European Court of Justice (Nikiforidis case) is very significant. Since the judgment gives Member States the possibility to take into account foreign overriding mandatory provisions, as a factual element within the framework of the applicable law to the contract, outside the scope of article 9.3 of the Rome I Regulation.Keywords: overriding mandatory provisions, mandatory rules, European Contract Law, Rome I Regulation, Nikiforidis case.

Abstract: A recent judgment by the Sezioni Unite of the Italian Corte di cassazione has ruled on a highly sensible and controversial issue, concerning the compatibility with the Italian public policy of a foreign court order, establishing a bond of filiation between a child born by surrogacy and the intended father, materially the same sex spouse of the biological father, despite the absence of any genetical link. The Sezioni Unite declared that such a court order could not be recognized, as incompatible with the Italian public policy. In so deciding, they appeared to have taken a step back as compared to an earlier judgment delivered by the first civil chamber of the same Corte di cassazione in 2016, where a more favourable attitude had prevailed. As compared to the said earlier judgment, the Sezioni Unite, besides distinguishing the circumstances occurring in the two cases, provided a more flexible reading of the public policy exception in private international law, partly overruling the narrower reading provided in the earlier judgment, which had limited its scope to those principles concerning the protection of fundamental rights enshrined in international and European instruments, as well as in the Italian Constitution. In the conclusions it reaches, the judgment by the Sezioni Unite reveals a substantial alignment with the solution envisaged by the European Court of Human Rights in its Advisory Opinion of 10 April 2019, contemplating adoption by the intended, non-biological parent, as the avenue by which the right of the child to his private life with that parent might be enforced.Keywords: Status filiationis, surrogate motherhood, public policy, recognition of personal and family status, Art. 8 ECHR.Riassunto: Una recente sentenza delle Sezioni Unite della Corte di cassazione ha affrontato una questione molto delicata e controversa, costituita dalla riconoscibilità in Italia di un provvedimento giurisdizionale straniero costitutivo di un rapporto di filiazione tra un minore e il padre di intenzione – materialmente il coniuge dello stesso sesso del padre biologico – in assenza di alcun legame genetico. Nell’affermare che un tale provvedimento non può essere riconosciuto in quanto in contrasto con l’ordine pubblico, le Sezioni Unite sono parse compiere un passo indietro rispetto a una precedente pronuncia della I sezione civile della stessa Cassazione del 2016, nella quale aveva prevalso un approccio di maggiore apertura. Rispetto a tale precedente pronuncia, le Sezioni Unite, oltre a sottolineare le differenze tra le fattispecie che si presentavano nei due casi, hanno adottato una definizione maggiormente flessibile del limite dell’ordine pubblico nel diritto internazionale privato, del quale la precedente decisione della sezione semplice aveva dato una lettura eccessivamente restrittiva, limitandone la portata a quei soli principi internazionalmente condivisi in materia di tutela dei diritti fondamentali e a quegli ulteriori principi che trovano affermazione nella Costituzione italiana. Nelle conclusioni raggiunte, la pronuncia delle Sezioni Unite rivela un sostanziale allineamento con la posizione assunta dalla Corte europea dei diritti dell’uomo nel suo parere consultivo del 10 aprile 2019, facendo riferimento all’adozione del minore da parte del genitore d’intenzione privo di legami biologici, come la via attraverso la quale il diritto del minore alla sua vita privata con tale genitore può ricevere tutela.Parole chiave: rapporto di filiazione, maternità surrogata, ordine pubblico, riconoscimento degli status personali e familiari, Art. 8 CEDU.

LABURPENA: Giza Eskubideen Europako Auzitegiaren Negrepontis-Giannisis vs. Grezia epaiak atzerriko erabakiak libre zirkulatzeko bidea zabaldu du, prozesu zuzen bat izateko eskubidetik etorria, Giza Eskubideen Europako Hitzarmeneko 6.1 artikuluan aitortua. GEEAren jurisprudentzia-lerro horren eboluzioa abiatzen da Wagner eta J.M.W.L. vs. Luxenburgo eta McDonald vs. Frantzia erabakiekin, baina guk aipatzen duguna aurrerapausoa handia da, eskubidea ez zaiolako lotzen beste zuzenbide substantibo bati, eta berezko eskubidea dela planteatzen da. Gainera, ohar aipagarriak egiten dira atzerriko epai judizialak geldiarazteko ordena publikoko salbuespenari buruz, eta haien eragina leuntzen da. Oso interesgarria da EBko arautegien aplikazio-esparrutik ihes egiten duten erabakietan aplikatzeko, non exequaturra desagertzen den ad hoc prozedura gisa, baina eragindako alderdiak hura ez aitortzeko aukera mantentzen da. Ildo horretan, GEEAk Negrepontis-en erabilitako argudioak garrantzi berezikoak dira, kontuan hartuz GEEHk inspiratzen duela Batasuneko Zuzenbidea eta auzitegiak egiten duen artikuluen interpretazioa. RESUMEN: El Tribunal Europeo de Derechos Humanos abre en su sentencia Negrepontis-Giannisis c. Grecia una vía de ampliación de las posibilidades a la libre circulación de decisiones extranjeras como un derecho derivado del derecho a un proceso equitativo reconocido en el art. 6.1 del Convenio Europeo de Derechos Humanos. La evolución de esta línea jurisprudencial del TEDH arranca con las decisiones Wagner y J.M.W.L. c. Luxemburgo y McDonald c. Francia pero en la que nos ocupa se produce un avance considerable porque no se ata el derecho al reconocimiento a otro derecho sustantivo sino que se plantea como un derecho en sí mismo. Además se establecen notables consideraciones en cuanto a la excepción de orden público como freno a la ejecución de decisiones judiciales extranjeras y se suaviza su efecto. Es especialmente interesante para su aplicación en aquellas decisiones que escapan del ámbito de aplicación de los correspondientes reglamentos de la UE donde desaparece el exequátur como procedimiento ad hoc pero se mantiene la posibilidad de oposición al reconocimiento por la parte afectada. En este sentido, los argumentos utilizados por el TEDH en Negrepontis son de especial relevancia, teniendo en cuenta el carácter inspirador del Derecho de la Unión que tiene el CEDH y por ende de la interpretación que dicho tribunal haga de su articulado. ABSTRACT: The European Court of Human Rights in its judgment Negrepontis-Giannisis v. Greece opens the extension of the possibilities for a free movement of foreign decisions as a right derived from the right to a fair hearing of article 6.1 of the European Convention of Human Rights. The evolution of this case law trend of the ECHR begins with decisions Wagner and J.M.W.L. v. Luxembourg and McDonald v. France but in the judgment we are now analyzing a considerable development is made because the right to the recognizition is not linked to other substantive right but it is considered as a right itself. Besides remarkable considerations are established as far as the exception to the public order is concerned as a brake to the execution of foreign judicial decisions and it softens its effect. It is especially interesting for its application in those decisions that go beyond the scope of application of the corresponding regulations of the EU where the exequatur as an ad hoc procedure is missing but it maintains the possibility of opposition to the recognizition by the affected party. In this sense, the reasoning of the ECHR in Negrepontis is of special relevance, taking into account the inspiring character of the European Law forthe ECHR and hence the interpretation of that Tribunal of its articles.

Background. The present article is devoted to the consideration of the critical activity of R. Genika, one of the most prominent creative personalities in the musical life of Kharkov during the period of the turn of the 19th and 20th centuries, the founder of the Kharkov professional music school. The present study is based on the material of the correspondence between R. Genika and his long-term mentor N. Findeisen – the chief editor of the Russian Musical Newspaper, the publisher of historical essays. The system of R. Genika’s critical views, his assessment of the intonation situation of the musical era represented by him have been analyzed; we have stated his critical position toward the creative work of composers of the past and present. Formulation of the problem. In the musical life of Kharkov, the period of the turn of the 19th and 20th centuries, Rostislav Vladimirovich Genika (1859–1942?) was one of the brightest creative personalities. His activities were distinguished by the scale and versatility, and the creative achievements of this outstanding musician in the spheres of this kind of activities are an invaluable contribution to the national musical art. Through the prism of the achievements of R. Genika as one of the founders of the Kharkov professional music school, not only the panorama of the concert life of Kharkov during the considered period is revealed, but also the weighty and relevant scientifi c, organizational, pedagogical, artistic and creative directions regarding the complex of problems associated with history and perspectives of the musical art of Kharkov as one of the leading centers of musical life, the fi rst capital of Ukraine. The object of the research. The creative heritage of R. Genika, a universally gifted person is covered in the existing publications mainly in the information and source fi eld. R. Genika’s research and musical-publicistic activities were not fully covered. Only recently, the author of the present article has got an access to the archived materials which made it possible to conduct a comprehensive analysis of the role and importance of the personality of this outstanding Kharkov musician in the context of the musical art of the region and Ukraine as a whole. All of this combined to form the subject of the comprehensive review and the relevance of this article. The material of the study was the archival letters of R. Genika to N. Findeisen. The goal is to point out the position of R. Genika in the selection of the material for his research by highlighting and analyzing some letters from this correspondence. Methodology. The creative work of any music critic and reviewer, a music writer who is interested in the history of music, in particular, pianism and piano art, is assessed primarily by the material to which he/she refers. Here the source of conclusions about the direction of the search of R. Genika in all these areas can be his correspondence with a prominent fi gure of the Imperial Russian Musical Society (IRMS), one of the leading musical writers and critics of Russia of the late 19th – early 20th centuries, Nikolai Fyodorovich Findeisen (1868–1928). The correspondence with N. Findeisen testifi es to the process of R. Genika’s work on a number of his key scientifi c researches. The author of this study was able to find in the archives these short letters, where the requests of the Kharkov musician to this venerable musicologist and critic about the literature and music notes he needed for his work could be found. And the very list of requests made by R. Genika makes it possible to systematize the range of his creative interests. For example, in one of the letters R. Genika asks N. Findeisen to send him books about F. Liszt. The detailed article about F. Liszt was included into the second volume of the essays on “The History of Music” – the main capital work on which R. Genika had been working for almost all his life. The focus of this study is rather popularizing, addressed to various categories of listeners, primarily, to educated “good listeners” who want to get acquainted closer with the styles and circumstances of the life and creative work of the leading representatives of the world music art. In the fi eld of musicological studies R. Genika was, above all, a historian. This profi le of his research activities was the closest to the tendency that can be defi ned as a popularization or educational one. In his historical research he had clear preferences. This is evidenced by a number of his rather subjective statements about contemporary composers, to whom he preferred the classics of the older generation. R. Genika, as a historian, was well aware of the retrospective necessary for historical musicological studies, and therefore avoided writing in an estimate about authors contemporary to him. He, as a high-class musician, does not consider it possible to express his personal subjective judgments in his historical concept, and so he omits the section on “modern music” in his historical essays. Results. In the two-volume essays on “The History of Music” there are other thoughts that reveal the course of the scientist’s work on various parts of his book. Extremely interesting, besides the already mentioned above R. Genika’s attitude to the “contemporaries”, is his steady interest in the tradition, which he himself called the “Romanesque”. He treated his national school with a natural reverence, considering it to be underestimated in foreign, fi rst of all, German “histories of music”. Such a position is extremely indicative of his work as a music historian. It is the “national”, original, bright and unique that attracts his attention in the styles of the national schools of Europe of that time – the Scandinavian, the Czech, the Polish and, especially great, in his opinion, the Russian. He ends his essays on “The History of Music” (the main text) with the chapter on P. Tchaikovsky, and the modern authors of other schools are covered in review supplement articles. The question of national schools for that period was quite open and controversial even within the framework of generally accepted classifi cations. At that time, the schools of the classical type were considered key, and “nationalist teachings” (“national schools”) were considered “supplementary”, secondary and insignifi cant in the general processes of the world musical history. Here there is a thought, indicative of the very process of the new periodization of the essays on “The History of Music”, which, according to R. Genika, should have differed from the existing German samples. Conclusion. R. Genika’s letters to N. Findeisen make it possible to follow the course of the process of writing the capital essays on “The History of Music”. The very fact that the Kharkov musicologist turned to the global problems of the world music history testifi es to the importance of the creative fi gure of R. Genika in the context of musical and historical research of the last decade of the 19th century – the fi rst two decades of the 20th century. R. Genika was among the fi rst domestic music historians to create his own concept of periodization and artistic evaluation of the most important phenomena of the European musical history, which is the proof of the encyclopedic and universal nature of his many-sided musician talent. These qualities manifest themselves in all directions and the results of his activities, prompting the modern musicologistresearcher to systematize R. Genika’s critical heritage in a special way.

Resumen: El Reglamento 650/2012 del Parlamento Europeo y del Consejo, de 4 de julio de 2012, relativo a la competencia, la ley aplicable, el reconocimiento y la ejecución de las resoluciones, a la aceptación y la ejecución de los documentos públicos en materia de sucesiones mortis causa y a la creación de un certificado sucesorio europeo ha venido a unificar las soluciones tan dispares de Derecho internacional privado que existían en el ámbito de la Unión Europea en materia sucesoria. Reconociendo el esfuerzo de los Estados miembros por coordinar la unificación de las normas de Derecho internacional privado en este área, su aplicación no está exenta de problemas con otras materias que afectan directamente a la regulación de la sucesión de una persona, como sucede, por ejemplo, con la regulación de los derechos reales que pueden afectar a los bienes de la masa hereditaria. Partiendo de que no existe una unificación de las normas de Derecho internacional privado en materia de transmisión de la propiedad de los bienes y de los derechos reales, en general, reconocidos por los distintos Estados miembros se pueden plantear muchos problemas teniendo en cuenta la existencia de un numerus clausus de derechos reales y los distintos sistemas de inscripción registral contemplados para la adquisición de tales derechos reales. Los artículos 1 y 23 del Reglamento sucesorio intentan solucionar este conflicto. Representan las dos caras de una misma moneda pues regulan el ámbito de aplicación de la lex successionis en sentido negativo y en sentido positivo, respectivamente. Por un lado, el artículo 1 recoge las cuestiones excluidas del ámbito de aplicación del Reglamento y, por otro lado, el artículo 23 recoge las cuestiones incluidas en su ámbito de aplicación. Sin embargo, la colisión se plantea en relación con la aplicación de la lex rei sitae a determinadas cuestiones sucesorias que están incluidas en el ámbito de aplicación de la lex succesionis a las que hay que aplicar cumulativamente la dos Leyes. Así, la Ley sucesoria regula la transmisión a los herederos, y en su caso, a los legatarios, de los bienes que integran la herencia, según recoge la letra e) del artículo 23.2, y las letras k) y l) del artículo 1.2, excluyen de la aplicación de la ley sucesoria la naturaleza de los derechos reales y cualquier inscripción de derechos sobre bienes muebles o inmuebles en un registro; cuestiones que, en la mayoría de los casos, quedan sometidas a la lex rei sitae o lex registrationis. Este conflicto de leyes es lo que ha provocado la primera decisión del TJUE sobre el Reglamento sucesorio: Sentencia del Tribunal de Justicia de la Unión Europea, Sala Segunda, de 12 de octubre de 2017: Kubicka.Palabras clave: Sucesión internacional, lex successionis, lex rei sitae, lex registrationis, ámbito de la ley aplicable, derechos reales, derechos de propiedad, legatum per vindicationem y per damnationem.Abstract: Regulation (EU) no. 650/2012 of the European Parliament and the Council of 4 July2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession is one of the most important results hitherto achieved for codifying private international law which the European Union. Recognizing the effort of the Member States to coordinate the unification of the rules of private international law in this area, its application is not exempt from problems with other areas that directly affect the regulation of the succession of a person, as happens for example with the regulation of property law that may affect the inheritance assets. Recognition of foreign property law may create problems in light of a Member State’s numerus clausus of property rights and differing land registration regimes. The study of the matters governed by the lex successionis, listed in article 23.2 ESR, must be done taking into account article 1.2 ESR, setting out the issues which are excluyed from the lex successionis scope. Often the exclusion or inclusion of particular matters from or within the scope of application of the lex successionis are two sides of the same coin. In other words, article 1.2 ESR governs the scope of application in a negative sense and article 23.2 ESR in a positive sense. However, the collision arises in relation to the application of the lex rei sitae to certain inheritance questions that are included in the scope of application of lex successionis to which the two Acts must be applied cumulatively. This is what happens with the regulation by lex successionis of the transfer to the heirs and, as the case may be, to the legatees of the assets, rights and obligations forming part of the estate, including the conditions and effects of the acceptance or waiver of the succession or of a legacy, according to letter e) of art. 23.2, bearing in mind that the letters k) and l) of art. 1.2, exclude from the application of the succession law the nature of rights in rem; and any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register; issues that, in most cases, are subject to the lex rei sitae or lex registrationis. This conflict of laws is what led to the first decision of the CJEU on the Succession Regulation: Judgment of the Court of Justice of the European Union, Second Chamber, of October 12, 2017: Kubicka.Keywords: International succession, lex successionis, lex rei sitae, lex registrationis, the scope of the aplicable law, rights in rem, property rights, legatum per vindicationem y per damnationem

The DebateQuestion 1: Various commentators have frequently invoked the importance of moderate Muslims and the role that they can play in fighting extremism in the Muslim world. But it is not clear who is a moderate Muslim. The recent cancellation of Tariq Ramadan’s visa to the United States, the raids on several American Muslim organizations, and the near marginalization of mainstream American Muslims in North America pose the following question: If moderate Muslims are critical to an American victory in the war on terror, then why does the American government frequently take steps that undermine moderate Muslims? Perhaps there is a lack of clarity about who the moderate Muslims are. In your view, who are these moderate Muslims and what are their beliefs and politics? JLE: Our human tendency is to define what is normal or moderate in terms of someone just like “us.” The American government, as well as many western and Muslim governments and experts, define moderate by searching for reflections of themselves. Thus, Irshad Manji or “secular” Muslims are singled out as self-critical moderate Muslims by such diverse commentators as Thomas Friedman or Daniel Pipes. In an America that is politicized by the “right,” the Republican and religious right, and post-9/11 by the threat of global terrorism and the association of Islam with global terrorism, defining a moderate Muslim becomes even more problematic. Look at the situations not only in this country but also in Europe, especially France. Is a moderate Muslim one who accepts integration, or must it be assimilation? Is a moderate Muslim secular, as in laic (which is really anti-religious)? Is a moderate Muslim one who accepts secularism, as in the separation of church and state, so that no religion is privileged and the rights of all (believer and nonbeliever) are protected? Is a moderate Muslim one who accepts a particular notion of gender relations, not simply the equality of women and men but a position against wearing hijab? (Of course let’s not forget that we have an analogous problem with many Muslims whose definition of being a Muslim, or of being a “good” Muslim woman, is as narrowly defined.) In today’s climate, defining who is a moderate Muslim depends on the politics or religious positions of the individuals making the judgment: Bernard Lewis, Daniel Pipes, Gilles Kepel, Stephen Schwartz, Pat Robertson, and Tom DeLay. The extent to which things have gotten out of hand is seen in attempts to define moderate Islam or what it means to be a good European or American Muslim. France has defined the relationship of Islam to being French, sought to influence mosques, and legislated against wearing hijab in schools. In the United States, non-Muslim individuals and organizations, as well as the government, establish or fund organizations that define or promote “moderate Islam,” Islamic pluralism, and so on, as well as monitor mainstream mosques and organizations. The influence of foreign policy plays a critical role. For some, if not many, the litmus test for a moderate Muslim is tied to foreign policy issues, for example, how critical one is of American or French policy or one’s position in regard to Palestine/Israel, Algeria, Kashmir, and Iraq. Like many Muslim regimes, many experts and ideologues, as well as publications like The Weekly Standard, National Review, The Atlantic, The New York Sun and media like Fox Television, portray all Islamists as being the same. Mainstream and extremist (they deny any distinction between the two) and indeed all Muslims who do not completely accept their notion of secularism, the absolute separation of religion and the state, are regarded as a threat. Mainstream Islamists or other Islamically oriented voices are dismissed as “wolves in sheep’s clothing.” What is important here is to emphasize that it is not simply that these individuals, as individual personalities, have influence and an impact, but that their ideas have taken on a life of their own and become part of popular culture. In a post-9/11 climate, they reinforce the worst fears of the uninformed in our populace. The term moderate is in many ways deceptive. It can be used in juxtaposition to extremist and can imply that you have to be a liberal reformer or a progressive in order to pass the moderate test, thus excluding more conservative or traditionalist positions. Moderates in Islam, as in all faiths, are the majority or mainstream in Islam. We assume this in regard to such other faiths as Judaism and Christianity. The Muslim mainstream itself represents a multitude of religious and socioeconomic positions. Minimally, moderate Muslims are those who live and work “within” societies, seek change from below, reject religious extremism, and consider violence and terrorism to be illegitimate. Often, in differing ways, they interpret and reinterpret Islam to respond more effectively to the religious, social, and political realities of their societies and to international affairs. Some seek to Islamize their societies but eschew political Islam; others do not. Politically, moderate Muslims constitute a broad spectrum that includes individuals ranging from those who wish to see more Islamically oriented states to “Muslim Democrats,” comparable to Europe’s Christian Democrats. The point here is, as in other faiths, the moderate mainstream is a very diverse and disparate group of people who can, in religious and political terms, span the spectrum from conservatives to liberal reformers. They may disagree or agree on many matters. Moderate Jews and Christians can hold positions ranging from reform to ultraorthodox and fundamentalist and, at times, can bitterly disagree on theological and social policies (e.g., gay rights, abortion, the ordination of women, American foreign and domestic policies). So can moderate Muslims.

The DebateQuestion 1: Various commentators have frequently invoked the importance of moderate Muslims and the role that they can play in fighting extremism in the Muslim world. But it is not clear who is a moderate Muslim. The recent cancellation of Tariq Ramadan’s visa to the United States, the raids on several American Muslim organizations, and the near marginalization of mainstream American Muslims in North America pose the following question: If moderate Muslims are critical to an American victory in the war on terror, then why does the American government frequently take steps that undermine moderate Muslims? Perhaps there is a lack of clarity about who the moderate Muslims are. In your view, who are these moderate Muslims and what are their beliefs and politics? JLE: Our human tendency is to define what is normal or moderate in terms of someone just like “us.” The American government, as well as many western and Muslim governments and experts, define moderate by searching for reflections of themselves. Thus, Irshad Manji or “secular” Muslims are singled out as self-critical moderate Muslims by such diverse commentators as Thomas Friedman or Daniel Pipes. In an America that is politicized by the “right,” the Republican and religious right, and post-9/11 by the threat of global terrorism and the association of Islam with global terrorism, defining a moderate Muslim becomes even more problematic. Look at the situations not only in this country but also in Europe, especially France. Is a moderate Muslim one who accepts integration, or must it be assimilation? Is a moderate Muslim secular, as in laic (which is really anti-religious)? Is a moderate Muslim one who accepts secularism, as in the separation of church and state, so that no religion is privileged and the rights of all (believer and nonbeliever) are protected? Is a moderate Muslim one who accepts a particular notion of gender relations, not simply the equality of women and men but a position against wearing hijab? (Of course let’s not forget that we have an analogous problem with many Muslims whose definition of being a Muslim, or of being a “good” Muslim woman, is as narrowly defined.) In today’s climate, defining who is a moderate Muslim depends on the politics or religious positions of the individuals making the judgment: Bernard Lewis, Daniel Pipes, Gilles Kepel, Stephen Schwartz, Pat Robertson, and Tom DeLay. The extent to which things have gotten out of hand is seen in attempts to define moderate Islam or what it means to be a good European or American Muslim. France has defined the relationship of Islam to being French, sought to influence mosques, and legislated against wearing hijab in schools. In the United States, non-Muslim individuals and organizations, as well as the government, establish or fund organizations that define or promote “moderate Islam,” Islamic pluralism, and so on, as well as monitor mainstream mosques and organizations. The influence of foreign policy plays a critical role. For some, if not many, the litmus test for a moderate Muslim is tied to foreign policy issues, for example, how critical one is of American or French policy or one’s position in regard to Palestine/Israel, Algeria, Kashmir, and Iraq. Like many Muslim regimes, many experts and ideologues, as well as publications like The Weekly Standard, National Review, The Atlantic, The New York Sun and media like Fox Television, portray all Islamists as being the same. Mainstream and extremist (they deny any distinction between the two) and indeed all Muslims who do not completely accept their notion of secularism, the absolute separation of religion and the state, are regarded as a threat. Mainstream Islamists or other Islamically oriented voices are dismissed as “wolves in sheep’s clothing.” What is important here is to emphasize that it is not simply that these individuals, as individual personalities, have influence and an impact, but that their ideas have taken on a life of their own and become part of popular culture. In a post-9/11 climate, they reinforce the worst fears of the uninformed in our populace. The term moderate is in many ways deceptive. It can be used in juxtaposition to extremist and can imply that you have to be a liberal reformer or a progressive in order to pass the moderate test, thus excluding more conservative or traditionalist positions. Moderates in Islam, as in all faiths, are the majority or mainstream in Islam. We assume this in regard to such other faiths as Judaism and Christianity. The Muslim mainstream itself represents a multitude of religious and socioeconomic positions. Minimally, moderate Muslims are those who live and work “within” societies, seek change from below, reject religious extremism, and consider violence and terrorism to be illegitimate. Often, in differing ways, they interpret and reinterpret Islam to respond more effectively to the religious, social, and political realities of their societies and to international affairs. Some seek to Islamize their societies but eschew political Islam; others do not. Politically, moderate Muslims constitute a broad spectrum that includes individuals ranging from those who wish to see more Islamically oriented states to “Muslim Democrats,” comparable to Europe’s Christian Democrats. The point here is, as in other faiths, the moderate mainstream is a very diverse and disparate group of people who can, in religious and political terms, span the spectrum from conservatives to liberal reformers. They may disagree or agree on many matters. Moderate Jews and Christians can hold positions ranging from reform to ultraorthodox and fundamentalist and, at times, can bitterly disagree on theological and social policies (e.g., gay rights, abortion, the ordination of women, American foreign and domestic policies). So can moderate Muslims.

The purpose of the article is to analyse the principle of gender equality laid down in the interwar Estonian constitutions and to study the relevant court cases at the highest level of appeal in the Supreme Court of the Republic of Estonia (1920–40). When Estonia granted equality rights with the constitution of 1920 and all citizens, men and women alike, were declared to be equal before the law, it placed Estonia among the vanguard of nations in Europe in support of gender equality. The amendment of the constitution in 1933 left the equality principle unchanged. In the new constitution, which went into effect in 1938, gender equality was extended to relations in marriage as well. In the twentieth century, the focus was not on the equality of genders as such, but rather on women’s equality compared to men, and the main question was how to improve women’s rights to gain the equality promised in the constitution. On 1 September 1924, the Grand Chamber of the Supreme Court made a judgment which could be considered the first important court case about women’s rights in Estonia. The Supreme Court issued a complaint submitted by a female lawyer, who challenged a lower court judgement that she – as a woman – was not suitable to be appointed to the position of judge candidate. According to the Supreme Court, the only constitutionally uniform solution that would support gender equality was that all persons – men and women – on the same grounds had the right to become a judge candidate and enter the judiciary in Estonia. However, the court system of the interwar independent Republic of Estonia remained traditionally masculine without any female judiciary, which is in turn indicative not so much of legal, but rather of pragmatic questions about social attitudes. The exploration of tensions in society engendered by the ambition to bring women into positions of authority and to grant women rights in the private family sphere as well, leads to two main conclusions. First, despite the formal equality that was granted by both constitutions of the Republic of Estonia adopted in 1920 and 1937, women’s efforts, e.g. opening the judiciary to women, were met with a degree of ironical resistance, and general emphasis on women’s rights even drew attention to presumable positive discrimination as well. Estonia’s foreign minister Ants Piip wrote an article in the magazine Constitutional Review about the first constitution of the Republic of Estonia in 1925: “It is interesting to note that despite this provision, many laws exist which protect women in industry, thereby discriminating favourably against men.” Since both the 1920 and the 1937 constitution granted gender equality in public, not in the private sphere, the traditional gap between women’s legal position and that of men generally remained unchanged in private family law. Thus, the Civil Chamber of the Supreme Court of the Republic of Estonia confirmed in 1937 that it was in accordance with the principle of gender equality to restrict the possibilities for married women compared to men to make a testament without any mandatory advisor. According to the court’s reasoning, the regulation was constitutional because the law of succession and the right to make a testament belonged not to the public but to the private sphere. Thereafter, female lawyers drew attention to the fact that a married woman could legally become a judge or a minister – at least it was not prohibited or excluded – and decide the fate of a nation, since this right belonged to the public sphere. And still at the same time, a married woman’s competence to transact in the private sphere was limited compared to men. However, the constitution that went into effect in 1937 brought some changes, since equality in marriage was additionally granted, for instance. Unfortunately, the implementation period of the new constitution was limited to about two years, thus there is no case law to confirm that the constitution brought specific changes in practice.

The article contains the outline of the commercial litigation implemented in Italy taking into account the relevant amendments and changes adopted with the aim of rendering a “faster” justice. The author describes the Italian judicial system which involves courts of first instance (Giudice di Pace/Tribunale), the Court of Appeal (Corte d’Appello), and the Supreme Court or the Court of Cassation (Corte di Cassazione), indicating the statutorily prescribed criteria for referring a specific category of cases to the jurisdiction of each of those. The author dwells on the stages of civil proceedings, which include: pre-trial hearings, civil proceedings and judgment, appeal and cassation stages, as well as enforcement of judgments and orders. The special attention is paid for the procedure of the recognition and enforcement of foreign judgment and arbitration awards used in Italy. The author notes the tendency for a gradual replacement of the most of the old bilateral treaties in Europe by the European Regulations, at least in civil and commercial matters.

AbstractOver the past decade, the European Court of Human Rights (ECtHR) seems more and more inclined to use foreign sources of law, that is to say, law that does not originate in the Convention itself or in one of the Member States of the Council of Europe. Unlike in the US, there is little discussion in Europe about this form of judicial dialogue in the case-law of the ECtHR. This paper seeks both to clarify transnational dialogue by the ECtHR and find ways to justify this practice, against the backdrop of the American debate on this topic. First, the concept of transnational judicial dialogue is analysed (Part II). Then judicial dialogue as it presents itself in the judgments of the ECtHR is assessed, especially when non-Convention or foreign law is being used in a substantive way (Part III). Subsequently, an attempt is made to define when and why the use of foreign law by the ECtHR can be considered a justifiable approach in judicial decision-making (Part IV). The paper rounds off with some concluding remarks (Part V).

Background: The recognition and enforcement of settlement agreements resulting from mediation are of key importance for the effectiveness of this alternative dispute resolution method. Austria is considered to be one of the pioneers of mediation practice in Europe, and its developments can be helpful and interesting for other countries, especially for Ukraine, which obtained the EU candidate country status. In Austria, there are three main possibilities for making such settlement agreements enforceable: a notarial deed, approval by the arbitration tribunal, and approval by the court. In cross-border disputes, enforceability can be reached within the Brussel Ia Regulation, the New York Convention, and national procedures for the recognition and enforcement of foreign court judgments and other acts. In Ukraine, there is the possibility of court approval and approval by arbitration of such settlement agreements. Methods: The present research is based on a comparative approach. The authors juxtaposed Austrian and Ukrainian national models of recognition and enforcement of agreements resulting from mediation. The comparison allows us to see both models’ strengths and drawbacks. The analytical method was used to interpret national legislature and international instruments. Using hypothetical models, the authors make a prognosis about the legal effects of recognition and enforcement of agreements resulting from mediation in cross-border disputes in national legal orders. Results and Conclusions: The authors propose amendments to the Ukrainian legislation, in particular, to enshrine in the CPC of Ukraine a new procedure of approval of settlement agreements resulting from out-of-court mediation and the possibility of the enforcement of such agreements as notarial deeds; to provide direct enforcement of arbitration awards; to introduce a new simplified procedure for the enforcement of judgments and other enforceable titles for the implementation of the Brussel Ia Regulation during the adaptation of Ukrainian legislation to the EU law; to adopt the Law on ratification of the Singapore Convention and enshrined simplified procedure for enforcement of the international settlement agreements resulting from mediation.

On May 25, 2021, the Grand Chamber of the European Court of Human Rights (ECtHR) issued a final judgment in Big Brother Watch and Others v. United Kingdom (BBW). The decision is the first Grand Chamber ruling on bulk interception in the post-Snowden era and charts the path forward for the use of tools and techniques of mass surveillance for national security purposes by Council of Europe member states. The decision was issued alongside a parallel ruling in Centrum för rättvisa v. Sweden (CFR). While CFR is “very much the companion case to BBW,” an analysis of it is outside the scope of this note. Suffice to say that, combined, both cases reaffirm the Court's position that the operation of foreign bulk interception regimes does not ipso facto violate the Convention, as such operations may be necessary in the investigation of national security threats and serious crime, including in the context of global terrorism, cyber-attacks, counter-espionage, election interferences, drug trafficking, and child pornography. In a rather complex and lengthy judgment, the Court elaborated on a procedural framework that incorporates “end-to-end safeguards” and is aimed at preventing power from being abused in the operation of these tools.

As the name suggests, the humanities is largely a study of the human condition, in which history sits as a discipline concerned with the past. Environmental history is a new field that brings together scholars from a range of disciplines to consider the changing relationships between humans and the environment over time. Critiques of anthropocentrism that place humans at the centre of the universe or make assessments through an exclusive human perspective provide a challenge to scholars to rethink our traditional biases against the nonhuman world. The movement towards nonhumanism or posthumanism, however, does not seem to have had much of an impression on history as a discipline. What would a nonhumanist history look like if we re-centred the historical narrative around pigs? There are histories of pigs as food (see for example, The Cambridge History of Food which has a chapter on “Hogs”). There are food histories that feature pork in terms of its relationship to multiethnic identity (such as Donna Gabaccia’s We Are What We Eat) and examples made of pigs to promote ethical eating (Singer). Pigs are central to arguments about dietary rules and what motivates them (Soler; Dolander). Ancient pig DNA has also been employed in studies on human migration and colonisation (Larson et al.; Durham University). Pigs are also widely used in a range of products that would surprise many of us. In 2008, Christien Meindertsma spent three years researching the products made from a single pig. Among some of the more unexpected results were: ammunition, medicine, photographic paper, heart valves, brakes, chewing gum, porcelain, cosmetics, cigarettes, hair conditioner and even bio diesel. Likewise, Fergus Henderson, who coined the term ‘nose to tail eating’, uses a pig on the front cover of the book of that name to suggest the extraordinary and numerous potential of pigs’ bodies. However, my intention here is not to pursue a discussion of how parts of their bodies are used, rather to consider a reorientation of the historical narrative to place pigs at the centre of stories of our co-evolution, in order to see what their history might say about humans and our relationships with them. This is underpinned by recognition of the inter-relationality of humans and animals. The relationships between wild boar and pigs with humans has been long and diverse. In a book exploring 10,000 years of interaction, Anton Ervynck and Peter Rowley-Conwy argue that pigs have been central to complex cultural developments in human societies and they played an important role in human migration patterns. The book is firmly grounded within the disciplines of zoology, anthropology and archaeology and contributes to an understanding of the complex and changing relationship humans have historically shared with wild boar and domestic pigs. Naturalist Lyall Watson also explores human/pig relationships in The Whole Hog. The insights these approaches offer for the discipline of history are valuable (although overlooked) but, more importantly, such scholarship also challenges a humanist perspective that credits humans exclusively with historical change and suggests, moreover, that we did it alone. Pigs occupy a special place in this history because of their likeness to humans, revealed in their use in transplant technology, as well as because of the iconic and paradoxical status they occupy in our lives. As Ervynck and Rowley-Conwy explain, “On the one hand, they are praised for their fecundity, their intelligence, and their ability to eat almost anything, but on the other hand, they are unfairly derided for their apparent slovenliness, unclean ways, and gluttonous behaviour” (1). Scientist Niamh O’Connell was struck by the human parallels in the complex social structures which rule the lives of pigs and people when she began a research project on pig behaviour at the Agricultural Research Institute at Hillsborough in County Down (Cassidy). According to O’Connell, pigs adopt different philosophies and lifestyle strategies to get the most out of their life. “What is interesting from a human perspective is that low-ranking animals tend to adopt one of two strategies,” she says. “You have got the animals who accept their station in life and then you have got the other ones that are continually trying to climb, and as a consequence, their life is very stressed” (qtd. in Cassidy). The closeness of pigs to humans is the justification for their use in numerous experiments. In the so-called ‘pig test’, code named ‘Priscilla’, for instance, over 700 pigs dressed in military uniforms were used to study the effects of nuclear testing at the Nevada (USA) test site in the 1950s. In When Species Meet, Donna Haraway draws attention to the ambiguities and contradictions promoted by the divide between animals and humans, and between nature and culture. There is an ethical and critical dimension to this critique of human exceptionalism—the view that “humanity alone is not [connected to the] spatial and temporal web of interspecies dependencies” (11). There is also that danger that any examination of our interdependencies may just satisfy a humanist preoccupation with self-reflection and self-reproduction. Given that pigs cannot speak, will they just become the raw material to reproduce the world in human’s own image? As Haraway explains: “Productionism is about man the tool-maker and -user, whose highest technical production is himself […] Blinded by the sun, in thrall to the father, reproduced in the sacred image of the same, his rewards is that he is self-born, an auto telic copy. That is the mythos of enlightenment and transcendence” (67). Jared Diamond acknowledges the mutualistic relationship between pigs and humans in Guns, Germs and Steel and the complex co-evolutionary path between humans and domesticated animals but his account is human-centric. Human’s relationships with pigs helped to shape human history and power relations and they spread across the world with human expansion. But questioning their utility as food and their enslavement to this cause was not part of the account. Pigs have no voice in the histories we write of them and so they can appear as passive objects in their own pasts. Traces of their pasts are available in humanity’s use of them in, for example, the sties built for them and the cooking implements used to prepare meals from them. Relics include bones and viruses, DNA sequences and land use patterns. Historians are used to dealing with subjects that cannot speak back, but they have usually left ample evidence of what they have said. In the process of writing, historians attempt to perform the miracle, as Curthoys and Docker have suggested, of restoration; bringing the people and places that existed in the past back to life (7). Writing about pigs should also attempt to bring the animal to life, to understand not just their past but also our own culture. In putting forward the idea of an alternative history that starts with pigs, I am aware of both the limits to such a proposal, and that most people’s only contact with pigs is through the meat they buy at the supermarket. Calls for a ban on intensive pig farming (RSPCA, ABC, AACT) might indeed have shocked people who imagine their dinner comes from the type of family farm featured in the movie Babe. Baby pigs in factory farms would have been killed a long time before the film’s sheep dog show (usually at 3 to 4 months of age). In fact, because baby pigs do grow so fast, 48 different pigs were used to film the role of the central character in Babe. While Babe himself may not have been aware of the relationship pigs generally have to humans, the other animals were very cognisant of their function. People eat pigs, even if they change the name of the form it takes in order to do so:Cat: You know, I probably shouldn’t say this, but I’m not sure if you realize how much the other animals are laughing at you for this sheep dog business. Babe: Why would they do that? Cat: Well, they say that you’ve forgotten that you’re a pig. Isn't that silly? Babe: What do you mean? Cat: You know, why pigs are here. Babe: Why are any of us here? Cat: Well, the cow’s here to be milked, the dogs are here to help the Boss's husband with the sheep, and I’m here to be beautiful and affectionate to the boss. Babe: Yes? Cat: [sighs softly] The fact is that pigs don’t have a purpose, just like ducks don’t have a purpose. Babe: [confused] Uh, I—I don’t, uh ... Cat: Alright, for your own sake, I’ll be blunt. Why do the Bosses keep ducks? To eat them. So why do the Bosses keep a pig? The fact is that animals don’t seem to have a purpose really do have a purpose. The Bosses have to eat. It’s probably the most noble purpose of all, when you come to think about it. Babe: They eat pigs? Cat: Pork, they call it—or bacon. They only call them pigs when they’re alive (Noonan). Babe’s transformation into a working pig to round up the sheep makes him more useful. Ferdinand the duck tried to do the same thing by crowing but was replaced by an alarm clock. This is a common theme in children’s stories, recalling Charlotte’s campaign to praise Wilbur the pig in order to persuade the farmer to let him live in E. B. White’s much loved children’s novel, Charlotte’s Web. Wilbur is “some pig”, “terrific”, “radiant” and “humble”. In 1948, four years before Charlotte’s Web, White had published an essay “Death of a Pig”, in which he fails to save a sick pig that he had bought in order to fatten up and butcher. Babe tried to present an alternative reality from a pig’s perspective, but the little pig was only spared because he was more useful alive than dead. We could all ask the question why are any of us here, but humans do not have to contemplate being eaten to justify their existence. The reputation pigs have for being filthy animals encourages distaste. In another movie, Pulp Fiction, Vincent opts for flavour, but Jules’ denial of pig’s personalities condemns them to insignificance:Vincent: Want some bacon? Jules: No man, I don’t eat pork. Vincent: Are you Jewish? Jules: Nah, I ain’t Jewish, I just don’t dig on swine, that’s all. Vincent: Why not? Jules: Pigs are filthy animals. I don’t eat filthy animals. Vincent: Bacon tastes gooood. Pork chops taste gooood. Jules: Hey, sewer rat may taste like pumpkin pie, but I’d never know ’cause I wouldn’t eat the filthy motherfucker. Pigs sleep and root in shit. That’s a filthy animal. I ain’t eat nothin’ that ain’t got sense enough to disregard its own feces [sic]. Vincent: How about a dog? Dogs eats its own feces. Jules: I don’t eat dog either. Vincent: Yeah, but do you consider a dog to be a filthy animal? Jules: I wouldn’t go so far as to call a dog filthy but they’re definitely dirty. But, a dog’s got personality. Personality goes a long way. Vincent: Ah, so by that rationale, if a pig had a better personality, he would cease to be a filthy animal. Is that true? Jules: Well we’d have to be talkin’ about one charming motherfuckin’ pig. I mean he’d have to be ten times more charmin’ than that Arnold on Green Acres, you know what I’m sayin’? In the 1960s television show Green Acres, Arnold was an exceptional pig who was allowed to do whatever he wanted. He was talented enough to write his own name and play the piano and his attempts at painting earned him the nickname “Porky Picasso”. These talents reflected values that are appreciated, and so he was. The term “pig” is, however, chiefly used a term of abuse, however, embodying traits we abhor—gluttony, obstinence, squealing, foraging, rooting, wallowing. Making a pig of yourself is rarely honoured. Making a pig of the humanities, however, could be a different story. As a historian I love to forage, although I use white gloves rather than a snout. I have rubbed my face and body on tree trunks in the service of forestry history and when the temperature rises I also enjoy wallowing, rolling from side to side rather than drawing a conclusion. More than this, however, pigs provide a valid means of understanding key historical transitions that define modern society. Significant themes in modern history—production, religion, the body, science, power, the national state, colonialism, gender, consumption, migration, memory—can all be understood through a history of our relationships with pigs. Pigs play an important role in everyday life, but their relationship to the economic, social, political and cultural matters discussed in general history texts—industrialisation, the growth of nation states, colonialism, feminism and so on—are generally ignored. However “natural” this place of pigs may seem, culture and tradition profoundly shape their history and their own contribution to those forces has been largely absent in history. What, then, would the contours of such a history that considered the intermeshing of humans and pigs look like? The intermeshing of pigs in early human history Agricultural economies based on domestic animals began independently in different parts of the world, facilitating increases in population and migration. Evidence for long-term genetic continuity between modern and ancient Chinese domestic pigs has been established by DNA sequences. Larson et al. have made an argument for five additional independent domestications of indigenous wild boar populations: in India, South East Asia and Taiwan, which they use to develop a picture of both pig evolution and the development and spread of early farmers in the Far East. Domestication itself involves transformation into something useful to animals. In the process, humans became transformed. The importance of the Fertile Crescent in human history has been well established. The area is attributed as the site for a series of developments that have defined human history—urbanisation, writing, empires, and civilisation. Those developments have been supported by innovations in food production and animal husbandry. Pig, goats, sheep and cows were all domesticated very early in the Fertile Crescent and remain four of the world’s most important domesticated mammals (Diamond 141). Another study of ancient pig DNA has concluded that the earliest domesticated pigs in Europe, believed to be descended from European wild boar, were introduced from the Middle East. The research, by archaeologists at Durham University, sheds new light on the colonisation of Europe by early farmers, who brought their animals with them. Keith Dobney explains:Many archaeologists believe that farming spread through the diffusion of ideas and cultural exchange, not with the direct migration of people. However, the discovery and analysis of ancient Middle Eastern pig remains across Europe reveals that although cultural exchange did happen, Europe was definitely colonised by Middle Eastern farmers. A combination of rising population and possible climate change in the ‘fertile crescent’, which put pressure on land and resources, made them look for new places to settle, plant their crops and breed their animals and so they rapidly spread west into Europe (ctd in ScienceDaily). Middle Eastern farmers colonised Europe with pigs and in the process transformed human history. Identity as a porcine theme Religious restrictions on the consumption of pigs come from the same area. Such restrictions exist in Jewish dietary laws (Kashrut) and in Muslim dietary laws (Halal). The basis of dietary laws has been the subject of much scholarship (Soler). Economic and health and hygiene factors have been used to explain the development of dietary laws historically. The significance of dietary laws, however, and the importance attached to them can be related to other purposes in defining and expressing religious and cultural identity. Dietary laws and their observance may have been an important factor in sustaining Jewish identity despite the dispersal of Jews in foreign lands since biblical times. In those situations, where a person eats in the home of someone who does not keep kosher, the lack of knowledge about your host’s ingredients and the food preparation techniques make it very difficult to keep kosher. Dietary laws require a certain amount of discipline and self-control, and the ability to make distinctions between right and wrong, good and evil, pure and defiled, the sacred and the profane, in everyday life, thus elevating eating into a religious act. Alternatively, people who eat anything are often subject to moral judgments that may also lead to social stigmatisation and discrimination. One of the most powerful and persuasive discourses influencing current thinking about health and bodies is the construction of an ‘obesity epidemic’, critiqued by a range of authors (see for example, Wright & Harwood). As omnivores who appear indiscriminate when it comes to food, pigs provide an image of uncontrolled eating, made visible by the body as a “virtual confessor”, to use Elizabeth Grosz’s term. In Fat Pig, a production by the Sydney Theatre Company in 2006, women are reduced to being either fat pigs or shrieking shallow women. Fatuosity, a blog by PhD student Jackie Wykes drawing on her research on fat and sexual subjectivity, provides a review of the play to describe the misogyny involved: “It leaves no options for women—you can either be a lovely person but a fat pig who will end up alone; or you can be a shrill bitch but beautiful, and end up with an equally obnoxious and shallow male counterpart”. The elision of the divide between women and pigs enacted by such imagery also creates openings for new modes of analysis and new practices of intervention that further challenge humanist histories. Such interventions need to make visible other power relations embedded in assumptions about identity politics. Following the lead of feminists and postcolonial theorists who have challenged the binary oppositions central to western ideology and hierarchical power relations, critical animal theorists have also called into question the essentialist and dualist assumptions underpinning our views of animals (Best). A pig history of the humanities might restore the central role that pigs have played in human history and evolution, beyond their exploitation as food. Humans have constructed their story of the nature of pigs to suit themselves in terms that are specieist, racist, patriarchal and colonialist, and failed to grasp the connections between the oppression of humans and other animals. The past and the ways it is constructed through history reflect and shape contemporary conditions. In this sense, the past has a powerful impact on the present, and the way this is re-told, therefore, also needs to be situated, historicised and problematicised. The examination of history and society from the standpoint of (nonhuman) animals offers new insights on our relationships in the past, but it might also provide an alternative history that restores their agency and contributes to a different kind of future. As the editor of Critical Animals Studies, Steve Best describes it: “This approach, as I define it, considers the interaction between human and nonhuman animals—past, present, and future—and the need for profound changes in the way humans define themselves and relate to other sentient species and to the natural world as a whole.” References ABC. “Changes to Pig Farming Proposed.” ABC News Online 22 May 2010. 10 Aug. 2010 http://www.abc.net.au/news/stories/2010/05/22/2906519.htm Against Animal Cruelty Tasmania. “Australia’s Intensive Pig Industry: The Intensive Pig Industry in Australia Has Much to Hide.” 10 Sep. 2010 http://www.aact.org.au/pig_industry.htm Babe. Dir. Chris Noonan. Universal Pictures, 1995. Best, Steven. “The Rise of Critical Animal Studies: Putting Theory into Action and Animal Liberation into Higher Education.” Journal for Critical Animal Studies 7.1 (2009): 9-53. Cassidy, Martin. “How Close are Pushy Pigs to Humans?”. BBC News Online 2005. 10 Sep. 2010 http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/4482674.stmCurthoys, A., and Docker, J. “Time Eternity, Truth, and Death: History as Allegory.” Humanities Research 1 (1999) 10 Sep. 2010 http://www.anu.edu.au/hrc/publications/hr/hr_1_1999.phpDiamond, Jared. Guns, Germs and Steel: The Fates of Human Societies. New York: W. W. Norton, 1999. Dolader, Miguel-Àngel Motis. “Mediterranean Jewish Diet and Traditions in the Middle Ages”. Food: A Culinary History. Eds. Jean-Louis Flandrin and Massimo Montanari. Trans. Clarissa Botsford, Arthus Golhammer, Charles Lambert, Frances M. López-Morillas and Sylvia Stevens. New York: Columbia UP, 1999. 224-44. Durham University. “Chinese Pigs ‘Direct Descendants’ of First Domesticated Breeds.” ScienceDaily 20 Apr. 2010. 29 Aug. 2010 http://www.sciencedaily.com/releases/2010/04/100419150947.htm Gabaccia, Donna R. We Are What We Eat: Ethnic Food and the Making of Americans. Cambridge: Harvard University Press, 1998. Grosz, Elizabeth. Volatile Bodies: Toward a Corporeal Feminism. St Leonards: Allen & Unwin, 1994. Haraway, D. “The Promises of Monsters: A Regenerative Politics for Inappropriate/d Others.” The Haraway Reader. New York: Routledge, 2005. 63-124. Haraway, D. When Species Meet: Posthumanities. 3rd ed. London: University of Minnesota Press, 2008. Henderson, Fergus. Nose to Tail Eating: A Kind of British Cooking. London: Bloomsbury, 2004. Kiple, Kenneth F., Kriemhild Coneè Ornelas. Cambridge History of Food. Cambridge: Cambridge University Press, 2000. Larson, G., Ranran Liu, Xingbo Zhao, Jing Yuan, Dorian Fuller, Loukas Barton, Keith Dobney, Qipeng Fan, Zhiliang Gu, Xiao-Hui Liu, Yunbing Luo, Peng Lv, Leif Andersson, and Ning Li. “Patterns of East Asian Pig Domestication, Migration, and Turnover Revealed by Modern and Ancient DNA.” Proceedings of the National Academy of Sciences, United States 19 Apr. 2010. 10 Sep. 2010 http://www.pnas.org/cgi/content/full/0912264107/DCSupplemental Meindertsma, Christien. “PIG 05049. Kunsthal in Rotterdam.” 2008. 10 Sep. 2010 http://www.christienmeindertsma.com/index.php?/books/pig-05049Naess, A. “The Shallow and the Deep, Long-Range Ecology Movement.” Inquiry 16 (1973): 95-100. Needman, T. Fat Pig. Sydney Theatre Company. Oct. 2006. Noonan, Chris [director]. “Babe (1995) Memorable Quotes”. 10 Sep. 2010 http://www.imdb.com/title/tt0112431/quotes Plumwood, V. Feminism and the Mastery of Nature. London: Routledge, 1993. Pulp Fiction. Dir. Quentin Tarantino. Miramax, 1994. RSPCA Tasmania. “RSPCA Calls for Ban on Intensive Pig Farming.” 10 Sep. 2010 http://www.rspcatas.org.au/press-centre/rspca-calls-for-a-ban-on-intensive-pig-farming ScienceDaily. “Ancient Pig DNA Study Sheds New Light on Colonization of Europe by Early Farmers” 4 Sep. 2007. 10 Sep. 2010 http://www.sciencedaily.com/releases/2007/09/070903204822.htm Singer, Peter. “Down on the Family Farm ... or What Happened to Your Dinner When it was Still an Animal.” Animal Liberation 2nd ed. London: Jonathan Cape, 1990. 95-158. Soler, Jean. “Biblical Reasons: The Dietary Rules of the Ancient Hebrews.” Food: A Culinary History. Eds. Jean-Louis Flandrin and Massimo Montanari. Trans. Clarissa Botsford, Arthus Golhammer, Charles Lambert, Frances M. López-Morillas and Sylvia Stevens. New York: Columbia University Press, 1999. 46-54. Watson, Lyall. The Whole Hog: Exploring the Extraordinary Potential of Pigs. London: Profile, 2004. White, E. B. Essays of E. B. White. London: HarperCollins, 1979. White, E. B. Charlotte’s Web. London: HarperCollins, 2004. Wright, J., and V. Harwood. Eds. Biopolitics and the ‘Obesity Epidemic’. New York: Routledge, 2009. Wykes, J. Fatuosity 2010. 29 Aug. 2010 http://www.fatuosity.net