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The dichotomy between jurisdiction and admissibility developed in public international law has drawn much attention from arbitrators and judges in recent years. Inspired by Paulsson's ‘tribunal versus claim’ lodestar, attempts have been made to transpose the distinction from public international law to investment treaty arbitration, yielding a mixed reception from tribunals. Remarkably, a second leap of transposition has found firmer footing in commercial arbitration, culminating in the prevailing view of the common law courts in England, Singapore and Hong Kong that arbitral decisions on admissibility are non-reviewable. However, this double transposition from international law to commercial arbitration is misguided. First, admissibility is a concept peculiar to international law and not embodied in domestic arbitral statutes. Second, its importation into commercial arbitration risks undermining the fundamental notion of jurisdiction grounded upon the consent of parties. Third, the duality of ‘night and day’ postulated by Paulsson to distinguish between reviewable and non-reviewable arbitral rulings is best reserved to represent the basic dichotomy between jurisdiction and merits.
This article describes a bison rib bone foreshaft from the Blackwater Draw site, New Mexico. The object was recovered by James Hester in 1963, during the excavation of locality 4, and it was subsequently cataloged as a modified bone tool but not recognized as a hafting element. It is currently held in the Blackwater Draw Museum collections. This analysis provides a detailed description of the artifact's features and establishes its provenience from a Folsom context. A survey of known Paleoindigenous hafting implements and a discussion of theoretical Folsom foreshaft designs serve to reinforce the classification of the tool as a component of the Folsom weapon delivery system. The tool was likely broken during use and later recycled as a pressure flaker or as a polishing instrument. With the help of 3D imagery, a reconstructed model was printed and fitted with large and small Folsom points to test ideas borrowed from the theoretical literature on Folsom foreshaft design.
This project investigates the prehistoric coastal site of Kalba on the Gulf of Oman in the context of exchange networks between maritime waterways and land-based caravan routes on the south-eastern Arabian Peninsula. In addition to favourable environmental conditions, raw-material procurement strategies were important for the economy of this multi-crafting community.
This article suggests a new interpretative framework for Article 27(2) of the Fourth Geneva Convention, which prohibits sexual violence against women in armed conflict. One specific aspect of this norm is particularly controversial: the notion of ‘honour’ has often been criticised as an obsolete concept linked to an outdated view of female morality. In the absence of a definition of the term, this article examines whether the gendered limitations of the norm can be overcome and the extent to which an evolutive interpretation of the concept is feasible. It argues that the concept of ‘honour’ can be treated as a generic term that is subject to evolutive interpretation, allowing for a renewed and gender-sensitive understanding to be developed, aligned with the concept of human dignity.
This article discusses how the Women's Art Library fosters creativity through the experience of the many artistic research practices hosted since the collection was installed in Goldsmiths University of London in the Library as a Special Collection.
This essay coins a term “Judeopessimism,” engaging questions of some of the contemporary writing on antisemitism and its claim to be historical in nature through the lens of critical race theory, specifically Afropessimism and its offshoots, which make claims of anti-Blackness as political ontology. Is some of this writing on antisemitism really making theological or political ontological claims of “eternal antisemitism” refracted in a less volatile historical narrative? How can critical race theory and its understanding of anti-Blackness help refine, clarify, and push the discussion on antisemitism to be more forthright about its underlying claims? I explore some examples of ontological antisemitism in the writings of Meir Kahane and Naftali Zvi Berlin who each in different ways offer ahistorical and even ontological views on antisemitism that are mostly shunned by contemporary writing on the subject and suggest that Afropessimism offers a helpful way to see beyond the historical veil of how antisemitism is understood today.
Using the macroeconomic forecasts of professional economists, we construct a comprehensive macro condition index that summarizes subjective expectations of output, inflation, and labor and housing market conditions. The index predicts stock returns and produces countercyclical equity premium forecasts, both in- and out-of-sample. Our results contrast with the procyclical subjective equity premia documented in recent literature. We show that the index reflects the true but unobserved macroeconomic condition that impacts the equity premium. Moreover, the predictability is not affected by belief biases and operates via a discount rate channel. The index’s predictability conforms to an explanation based on time-varying risk premia.
Revivals of public interest in the Neolithic Near East have generally coincided with the emergence of powerful imagery, such as the discovery of Çatalhöyük’s striking wall paintings in the 1960s. Now, sixty years later, the sculptures of Göbekli Tepe are ensuring the period’s widespread appeal. The capacity of these well-preserved buildings to carry such imagery until today has made them, in turn, an image of the supposed achievements of Neolithic sedentism. But the popularity of these images depends on their decontextualization. This modernist notion that permanent architecture represents the conquest of spatial forms over time is in contradiction with the early Neolithic experience of settled life, which had more to do with the unstable duration of places than with an emancipation from motion. This essay explores the Neolithic preference for earth architecture over more stable construction materials such as stone, its influence on visual culture, and how it contributed to building new living relations to the inhabited landscape. Instead of the sense of fixity and completeness that we, moderns, desperately seek in plans, reconstructions, and monumentality, it is the very transience, repetitiveness, and cumulativeness of earth that determined the transformations of the archaeological record. In other words, rhythms are key to understanding Neolithic sedentism in ways that differ wildly from the static images we have substituted for it.
This paper presents a novel Hamiltonian formulation of the isotropic Navier–Stokes problem based on a minimum-action principle derived from the principle of least squares. This formulation uses the velocities $u_{i}(x_{j},t)$ and pressure $p(x_{j},t)$ as the field quantities to be varied, along with canonically conjugate momenta deduced from the analysis. From these, a conserved Hamiltonian functional $H^{*}$ satisfying Hamilton's canonical equations is constructed, and the associated Hamilton–Jacobi equation is formulated for both compressible and incompressible flows. This Hamilton–Jacobi equation reduces the problem of finding four separate field quantities ($u_{i}$,$p$) to that of finding a single scalar functional in those fields – Hamilton's principal functional ${S}^{*}[u_{i},p,t]$. Moreover, the transformation theory of Hamilton and Jacobi now provides a prescribed recipe for solving the Navier–Stokes problem: find ${S}^{*}$. If an analytical expression for ${S}^{*}$ can be obtained, it will lead via canonical transformation to a new set of fields which are simply equal to their initial values, giving analytical expressions for the original velocity and pressure fields. Failing that, if one can only show that a complete solution to this Hamilton–Jacobi equation does or does not exist, that will also resolve the question of existence of solutions. The method employed here is not specific to the Navier–Stokes problem or even to classical mechanics, and can be applied to any traditionally non-Hamiltonian problem.
We introduce a numerical strategy to study the evolution of two-dimensional water waves in the presence of a plunging jet. The free-surface Navier–Stokes solution is obtained with a finite, but small, viscosity. We observe the formation of a surface boundary layer where the vorticity is localised. We highlight convergence to the inviscid solution. The effects of dissipation on the development of a singularity at the tip of the wave is also investigated by characterising the vorticity boundary layer appearing near the interface.
The motets in the fourteenth-century liturgical manuscript Oxford, Bodleian, lat. liturg. e. 42 have, despite some sidelong glances, not been the subject of any concentrated study since F. Alberto Gallo introduced them in 1970. This article proposes a date for the copying of these motets in the first few decades of the fourteenth century and demonstrates that they have much to add to ongoing debates about stylistic and notational change between the Ars Antiqua and Ars Nova styles. First, they underline the importance of considering polyphony within the context of the whole book that transmits it: e. 42's motets work together with its monophonic chant to emphasise a set of feasts which were particularly important for the compilers of this manuscript within their institutional context. Second, these motets act as an important reminder that narratives of fourteenth-century stylistic change must be heterogeneous: the wide-ranging mix of musical styles found in the motets of e. 42 add to an emerging picture of early fourteenth-century Ars Antiqua collections in which such stylistic eclecticism is a common feature. Third, e. 42's notation and its connections to that of other manuscripts enrich and complicate narratives of notational change in this period. Parallels for e. 42's ligature use can be found in a temporally and geographically diverse set of manuscripts. Its notation of semibreves, however, resembles that of a smaller group of manuscripts from the early fourteenth century and provides an important witness for the changes to semibreve rhythm at that time.
There are good warrants for believing that either the word Christianos or the word Christiani, a reference to the Christians, was probably in a graffito on the wall of the atrium of the house now identified as vii.11.11 in Pompeii when Giuseppe Fiorelli excavated it in 1862. Karl Zangemeister edited it in 1871 as CIL iv, 679 and included two divergent transcriptions. In 1995, Paul Berry published a book in which he claimed that he had made an image of the word Christianos using an industrial microscope and high-intensity light. A research project to investigate that claim could be potentially useful for verifying or falsifying Berry's results.
Shear significantly influences turbulence in the energy-containing range of shear-dominated flows, and the longitudinal structure functions do not have a universal form as they do in homogeneous isotropic turbulence. Despite this, the relative scaling of structure functions exhibits universal sub-Gaussian behaviour in shear-dominated flows, in particular for turbulent boundary layers, channels and Taylor–Couette flows. Our investigation of a turbulent vertical buoyancy layer at $Pr = 0.71$ using direct numerical simulation shows this universality even in moderate-Reynolds-number buoyancy-driven but shear-dominated boundary layers. It is demonstrated that the universality is related to the energy density of the eddies, which attains a hierarchical equilibrium in the energy-containing range of shear-dominated turbulence. We conjecture that the universal sub-Gaussian behaviour of the energy density of the energy-containing range, which was considered to be non-trivial in prior studies, is related to the universal anomalous scaling exponents of the inertial subrange turbulence. Based on this conjecture, we propose a hypothesis that relates large-scale eddies and the intermittent dissipation field in shear-dominated turbulence, highlighting a relationship between large and small scales. A phenomenological model is also developed to predict the scaling, which is verified using data from a turbulent boundary layer, half-channel and vertical buoyancy layer at friction Reynolds numbers spanning four orders of magnitude. Excellent agreement is observed.
This article delves into the transnational aspects of the “Two Cultures” debate initiated by the British chemist and writer C. P. Snow, and explores how Italian and West German intellectuals localized and translated aspects of the debate within their respective political landscapes. Snow described the relationship between science and the humanities, and attributed a unique social responsibility to science. Prominent leftist thinkers, including Gino Martinoli, Adriano Buzzati Traverso, Aldo Visalberghi, Giulio Preti, Pier Paolo Pasolini, Karl Steinbuch, Hans Mohr, Hilde Domin, Jürgen Habermas, and Robert Jungk, engaged Snow's ideas, each formulating their stance on the role of science. These intellectuals were divided in their response. Some concurred with Snow, viewing scientific advancement as a cornerstone of social progress and considering the scientific ethos as a model for political emulation. Others, however, were critical, questioning the very notions of scientific progress, rationality, and modernization. This intellectual discourse foreshadowed the New Left's critique of scientism in the 1970s, a movement that significantly challenged the longstanding marriage between socialism and science.