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No governing international text or generally accepted doctrine defines the procedure to be applied by international courts and tribunals. Yet these institutions’ tasks pose common challenges: providing notice of a dispute, defining its nature and scope, determining the legal rules, marshalling and assessing evidence, finding facts and applying legal rules to them, and then recording and communicating the result. There often is substantial similarity – indeed, convergence – in how courts and tribunals go about these tasks. This chapter examines some of the factors and institutions that contribute to this procedural harmonization among institutions dealing with disputes between parties from different countries and legal cultures. It looks at the shared historical foundations of important procedural practices, the influence of intergovernmental and nongovernmental organizations, the roles individuals sometimes play in transmitting “legal technology” between institutions, and the effect of competition among institutions seeking to meet the needs of their “customers.” It also notes areas where procedure can diverge, as users look for new ways to address procedural problems.
In 2018 unpublished archaeological evidence was discovered recording a doorway and passageway concealed inside the Romanesque wall of Westminster Hall, near the south-east corner. Although commemorated by a bronze plaque in situ, their existence had largely been forgotten. Further investigations revealed an access panel in the 1951 cloakroom fittings in adjoining St Stephen’s cloister: this was located, and the space accessed, seemingly for the first time since c 1952. The many features of interest found within included the doorcase and soffits of a great doorway and iron pintles for the doors; Purbeck flagstones on the floor; complex masonry and plaster from several different eras; graffiti by masons from the nineteenth and twentieth centuries; a still-functional Osram lightbulb dating from the early 1950s; and wooden joists supporting the masonry of the ceiling. Isotope dating of the timbers produced a date of 1659, and works accounts showed that the doorway and passageway were created in 1660–1, to form a ceremonial route for the coronation of Charles ii. Further archaeological and historical investigations have enabled the authors to establish a full chronology for the changing fabric and uses of the doorway and passageway from the seventeenth to the twenty-first century, and to trace the masons who walled in the space in 1851. They have also established why the brass plaque in Westminster Hall marking the space erroneously ascribes it with Tudor origins: that ‘fake history’ was created by an over-enthusiastic late-nineteenth century Clerk of the House of Commons.
Our panel is looking at the complex interactions between individuals and the processes for creating and applying international law. How do individual actions lead to state-state disputes? How do the rules and procedures for resolving these disputes impact affected people? As the panel notes says, the idea is to address a vital question: “what about me?”
The Chapter of Winchester Cathedral, in conjunction with biological anthropologists and other specialists, are currently studying the contents of the cathedral’s well-known ‘mortuary chests’. It is clear that they contain the jumbled remains of many more people than the eleven kings and bishops named on the surviving chests, which date from c 1525 and the 1660s. In this paper the archaeological and documentary evidence for earlier arrangements for housing the cathedral’s royal and episcopal bones is examined, identifying up to twenty-five possible occupants of the chests. This will establish the context for the continuing analysis and identification of the skeletal material.
We may reasonably suppose that Henry of Blois was deeply impressed by the building works in progress at Cluny during his childhood there as a monastic oblate. This period spanned the final years of Hugh of Semur's abbatiate and the opening years of that of the regrettable Abbot Pons (1109–22). Work on Abbot Hugh's great church of ‘Cluny III’, the longest church in western Christendom, had started in 1088 and it was dedicated only in 1130. For the whole of Henry's noviciate, the abbey church was a building site.
At his consecration as bishop of Winchester in 1129 Henry inherited a Romanesque cathedral that for a short time had also been the longest church north of the Alps, until it was overtaken by Cluny's new church. Begun under the direct patronage of Bishop Walkelin (1070–98) in 1079, it had already undergone some changes. The original design had been modified during construction, with a belated decision to add corner towers to the ends of the transepts. The builders soon realised that the foundations would not bear the weight and the scheme was abandoned, leaving its mark in certain anomalies of design. More seriously perhaps, the original crossing tower had collapsed in 1107, and had to be rebuilt from the foundations. It is possible that at the time of that disaster the nave was still under construction, delayed by the quarrel between Walkelin's successor, Bishop Giffard (1100–29), and the priory; and it has been argued that the recorded dedication of an altar in the 1120s (probably 1126) actually marked the final completion of works. If so, it was a remarkably recent building when Bishop Henry took office.
Whether Bishop Henry immediately made plans to alter his cathedral church is uncertain, but there are no obvious archaeological signs of this having happened. In any case, the bishop was able to satisfy his building aspirations at two other sites. The Hospital of St Cross was founded in around 1135 and although the surviving twelfth-century church was not yet under construction, the domestic buildings must have started to rise shortly after the foundation.
The enteroendocrine system is located in the gastrointestinal (GI) tract, and makes up the largest endocrine system in the human body. Despite that, its roles and functions remain incompletely understood. Gut regulatory peptides are the main products of enteroendocrine cells, and play an integral role in the digestion and absorption of nutrients through their effect on intestinal secretions and gut motility. Several peptides, such as cholecystokinin, polypeptide YY and glucagon-like peptide-1, have traditionally been reported to suppress appetite following food intake, so-called satiety hormones. In this review, we propose that, in the healthy individual, this system to regulate appetite does not play a dominant role in normal food intake regulation, and that there is insufficient evidence to wholly link postprandial endogenous gut peptides with appetite-related behaviours. Instead, or additionally, top-down, hedonic drive and neurocognitive factors may have more of an impact on food intake. In GI disease however, supraphysiological levels of these hormones may have more of an impact on appetite regulation as well as contributing to other unpleasant abdominal symptoms, potentially as part of an innate response to injury. Further work is required to better understand the mechanisms involved in appetite control and unlock the therapeutic potential offered by the enteroendocrine system in GI disease and obesity.
This essay outlines a quandary facing international investment dispute settlement (IIDS): the tension between the wish to curb “dual hatting” and the wish to increase the diversity of those appointed as arbitrators in IIDS cases. Thoughtful observers are concerned by the effect on IIDS, either in fact or as a matter of appearance, of lawyers who wear “dual hats”—one as arbitrator in IIDS cases, and a second as counsel representing clients in other IIDS matters. Concurrently, other thoughtful observers are concerned that appointments to IIDS predominantly go to a small cadre of established arbitrators caricatured as “pale, male and stale.” This concern has prompted efforts to increase the pool of female and minority arbitrators. However, these individuals would be drawn primarily from the ranks of younger practicing lawyers who must continue to practice unless and until they receive sufficient appointments to make full-time service as arbitrators economically feasible.
I want to raise a quandary facing international investment dispute settlement: the tension between the wish to curb “dual hatting” and the wish to increase the diversity of persons appointed as arbitrators.
Magna Carta marked a watershed in the relations between monarch and subject and as such has long been central to English constitutional and political history. This volume uses it as a springboard to focus on social, economic, legal, and religious institutions and attitudes in the early thirteenth century. What was England like between 1199 and 1215? And, no less important, how was King John perceived by those who actually knew him? The essays here analyse earlier Angevin rulers and the effect of their reigns on John's England, the causes and results of the increasing baronial fear of the king, the "managerial revolution" of the English church, and the effect of the ius commune on English common law. They also examine the burgeoning economy of the early thirteenth century and its effect on English towns, the background to discontent over the royal forests which eventually led to the Charter of the Forest, the effect of Magna Carta on widows and property, and the course of criminal justice before 1215. The volume concludes with the first critical edition of an open letter from King John explaining his position in the matter of William de Briouze.
Contributors: Janet S. Loengard, Ralph V. Turner, John Gillingham, David Crouch, David Crook, James A. Brundage, John Hudson, Barbara Hanawalt, James Masschaele
John Crook's remarks highlighted key recurring problems faced by mass claims programs. His remarks drew on his personal experience, but also on the writings of experts who have designed and administered mass claims programs, notably Dr. Norbert Wühler, whose visa apparently fell victim to “extreme vetting” because of his work for the International Organization for Migration (IOM) on a mass claims program in Iraq.
Two seemingly unrelated topics are discussed—an outlook for biofuels in the southern United States, along with an overview of the important role that information technology is playing in the fuel ethanol industry. The outlook discussion is limited to issues involving the two principal biofuels, fuel ethanol and biodiesel, and their respective feed stocks, corn and soybean oil. The two topics are linked with a description of how information technology (IT) has enabled the development of the fuel ethanol franchise and a discussion of how IT is changing the very nature of biofuel operations.
This article establishes the significance of elections held in the annexed departments of the Napoleonic Empire from 1802 to 1813. It thus represents an original, and perhaps surprising, contribution to recent debate on the nature of Napoleonic imperialism, in which attention has shifted from core to periphery, and away from purely military matters. The electoral process under this authoritarian regime has been alternately neglected or derided, especially where the newly created departments of the Low Countries and parts of Germany and Italy are concerned. However, extensive archival research demonstrates that it was taken extremely seriously by both regime and voters, especially outside metropolitan France. These ‘First European Elections', as they may be dubbed, took place in regular fashion right across the Empire and are studied here on a transnational basis, which also involves the metropolitan departments. Though open to all adult males at the primary level, they were not exercises in democracy, but they did create some rare political space which local people were not slow to exploit for their own purposes. Above all, they served as a means of integrating ‘new Frenchmen’, particularly members of indigenous elites, into the Napoleonic system.