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This chapter deals with the question of the sources of international law, that is, how one distinguishes between what is law and what is not. This is governed essentially by art. 38(1) of the Statute of the International Court of Justice. Historically, the first source is custom, which is composed of two elements: the actual conduct of states and the belief that such conduct is carried out in the belief that it is ‘law’. What is counted as state practice is examined, as is the critical belief requirement (opinio juris), which is often harder to ascertain. The process of change is discussed, as is the concept of local or regional custom. The second source, of increasing importance today, is international agreements or treaties, which are binding on all states parties to the particular agreement and is the focus of a later chapter. The third source is termed ‘general principles of law’, which seeks to cover gaps in the law by recourse to accepted principles of the system or of domestic law and includes the notion of equity. Finally, the chapter looks at subsidiary means for the determination of law, including judicial decisions and writings. Other possible sources of law are noted, and the work of the UN International Law Commission is referenced.
Complex fluids can be found all around us, from molten plastics to mayonnaise, and understanding their highly nonlinear dynamics is the subject of much research.
This text introduces a common theoretical framework for understanding and predicting the flow behavior of complex fluids. This framework allows for results including a qualitative understanding of the relationship between a fluid’s behavior at the microscale of particles or macromolecules, and its macroscopic, viscoelastic properties. The author uses a microstructural approach to derive constitutive theories that remain simple enough to allow computational predictions of complicated macroscale flows.
Readers develop their intuition to learn how to approach the description of materials not covered in the book, as well as limits such as higher concentrations that require computational methods for microstructural analysis.
This monograph’s unique breadth and depth make it a valuable resource for researchers and graduate students in fluid mechanics.
The craft and political relationships between Mycenae and Tiryns in the mid 13th century, as reflected in the redesign, masonry, and building materials of Tiryns’ LH IIIB upper citadel, is the primary focus of this chapter. It also briefly considers the stoneworking influence of Mycenae and Tiryns on other Argolid sites.
When the outcome Y is discrete rather than continuous, we refer to the problem of predicting Y as classification. In many ways, this is easier than predicting a continuous outcome since Y can only take a few values. Most of the methods we have covered so far can be adapted to handle discrete outcomes. One particular method, based on neural nets, is covered in Chapter 12.
The book ends with a brief Postscript on not reading letters. It examines the correspondence between Keats’s friend and carer Joseph Severn and Keats’s friends back in London as the poet is dying in Rome in the winter of 1820–1. The correspondence records how, having effectively stopped writing poetry more than a year earlier, Keats is now no longer able to read, let alone write, even letters. The chapter argues that this epistolary stoppage has itself fed into the cultural reception of the life and work of a poet who has become admired, respected, and loved for his correspondence as much as for his poems.
Working memory (WM), our ability to hold a small amount of information readily available for ongoing use, is crucial to language processing. This chapter examines verbal WM models/tests and then covers WM effects on bilingualism, noting mixed findings for L2 comprehension, production, vocabulary, grammar and morphosyntax. These inconclusive findings are due to: (a) WM tests (stronger effects in linguistic than nonlinguistic, oral than written, L1 than L2 tests); (b) cognitive load of the WM test and experimental task (stronger effects in more than less complex tasks); and (c) L2 experience (stronger WM effects in learners with lower than higher L2 proficiency and use). The following sections delve into bilingualism effects on WM, considering the debates on whether WM is trainable directly (practice) or indirectly (simultaneous interpreting) and whether bilinguals have greater WM than monolinguals; it shows nondetrimental effects of being bilingual on atypically developing populations with WM deficits. A final section proposes L2 instructional practices to increase attention to inflectional morphology and compensate for WM shortcomings. Finally, it considers how the field might evolve.
This conclusion synthesises the book’s findings on ocean acidification (OA) governance. The study demonstrates that OA is a complex problem spanning ocean, atmosphere, and land systems with varying temporal and spatial dimensions. The current governance landscape constitutes a regime complex involving multiple institutions across different issue areas. Global experimentalist governance emerges as the most suitable approach because it can accommodate OA’s complexity and build upon existing fragmented governance structures. Two case studies – the Ocean Acidification Alliance and International Maritime Organization – reveal partial implementation of experimentalist governance features but significant limitations. Both institutions struggle with setting specific metrics, systematic reporting, peer review, and feedback mechanisms essential for recursive learning. Key obstacles include scientific uncertainty making concrete targets difficult, institutional reluctance towards delegation and provisionality, and weak communication across governance levels. Despite incomplete realisation, experimentalist governance remains promising for OA because it provides necessary flexibility and adaptability. The book concludes that while current institutions show experimentalist features, full implementation requires addressing institutional apprehensions and developing stronger communicative infrastructures for effective multilevel coordination in tackling this emerging environmental challenge.
This chapter explores the transformative potential of collaboration and group work in higher education. It examines how students’ deep-rooted misconceptions about mathematics hinder their engagement with quantitative courses. Students’ reflections on group work reveal how collaborative learning can transform these mistaken negative beliefs about mathematics into positive ones. Beyond moderating mathematics anxiety, collaborative learning fosters a dynamic environment where students actively engage, share responsibility, and develop essential interpersonal and cognitive skills. Given the global shortage of core skills in the employment market, this chapter argues that group work is not merely a pedagogical tool but a strategic approach to future-proofing learners. By 2030, collaborative competencies are expected to be crucial across industries worldwide. The chapter offers insights into how working together in practice can empower students and prepare them for the evolving demands of the global workforce.
The chapter concerns the relationship between international law and domestic or municipal law. Theories of the relationship are referenced. The chapter then turns to the role of domestic or municipal law in international law, with the acceptance of the supremacy in the system of the latter. The chapter focuses, however, upon the role of international law within domestic legal systems with particular emphasis upon the UK. The various shifts in approach are noted with regard to customary international law and the current situation discussed, whereby custom constitutes a source of law and not a part of the common law upon which judges may draw. As far as treaties are concerned, these are not part of UK law unless incorporated. This avoids the situation whereby the executive may legislate merely by becoming a party to a treaty. The situation with regard to the US and other states in both the common law and civil law systems is then reviewed. The chapter ends with an examination of the doctrines of non-justiciability and act of state in various states.
During the 1870s and 1880s, a new generation of small arms ammunitions flooded the planet. Shot from a wide array of breechloading weapons, including rifles, pistols and repeat-action machine-guns, these metal-encased cartridges were sold in enormous quantities in the global market place by arms traders and manufacturers. Their ready accessibility made the power of death available to all. Despite appearing in different calibres and sizes, the new ammunitions all had the same basic design, including an exposed soft lead nose, which made these bullets extra destructive and lethal. As a result, they were often described as ‘man-stoppers’. This chapter explains how the rapid influx of ‘man-stopping’ ammunitions affected the life-and-death stakes of gun violence and altered how contemporaries assessed the norms at play. It shows how these new ammunitions were both celebrated and condemned for their power to wound and kill and how this wounding power was both hidden and made visible when it suited.
This chapter provides a practical pre-submission checklist for manuscript preparation, focusing on critical elements that can significantly impact publication success.