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Chapter 1 introduces the book’s central research question and rationale. It highlights the growing prevalence of Islamist civil wars. The chapter underscores the urgent need to understand how these conflicts can be effectively ended and resolved, pointing to the lack of systematic scholarly attention to this issue. The book examines whether – and why – Islamist civil wars are more difficult to end than other conflicts, and to what extent they can be resolved. Developing a bargaining explanation, we suggest that Islamist civil wars are especially intractable because they are embedded in a particular strategic environment, which increases uncertainties about the parties’ resolve and capabilities. Understanding what makes Islamist civil wars so challenging is necessary to identify what can be done to resolve and end them. The chapter outlines the book’s main arguments and findings, including the empirical focus and cases to be explored, setting the stage for the chapters that follow.
This chapter begins by describing ending service – the automated discontinuance of the employment of international officials, administrated in accordance with the authority of the principal executive officer to achieve an adaptable, effective and highly efficient international organization. (Differently, administrative action may terminate employment as a consequence of performance management – see Chapter 8, ‘Performance Management’ – and as consequence of the enforcement of standards of conduct – see Chapter 10, ‘Misconduct’ – at international organizations.) Second, the legal principles of ending service are identified, namely: (1) Absent abuse of discretion, deference is owed organizational restructuring; (2) Absent abuse of discretion, deference is owed appointment nonrenewal; and (3) Mutually agreed termination may obtain legal release. Third, the related governance of ending service is considered, namely the legal duties that: (1) Abolition of post must be credible; and (2) Recourse to redundancy must exhaust practicable alternatives. Fourth, the chapter addresses service ending in circumstances of an international official unable – as a result of illness or injury – or unwilling to perform their duties. Fifth, service ending upon attainment by a staff member of a mandatory retirement age is examined. Sixth, and in conclusion, this employment law of ending service at international organizations is restated.
Islamist civil wars pose a major challenge to peace and security around the world. Written by two leading scholars of conflict resolution, Jihadist Peace: Ending Islamist Civil Wars offers a groundbreaking analysis of why these conflicts are among the most difficult to end, and what can be done about it. The book makes a theoretical contribution by explaining their intractability, arguing that the transnational ideological framing of Islamist civil wars increases uncertainty about the capabilities and resolve of the warring parties. Drawing on conflict resolution theory, rigorous statistical analysis, and detailed case studies of Afghanistan, Mauritania, Mali, and Syria, the authors explore the conditions under which these wars can both come to an end and be resolved. They argue that the local dimension is key: by disentangling both rebel and government actors from broader networks, Jihadist Peace charts a path toward resolving some of the world's most intractable civil wars.
This chapter considers the law of treaties in the light primarily of the key Vienna Convention on the Law of Treaties, 1969, much of which is considered as part of customary law. The chapter discusses the role and nature of international treaties in the light of their binding nature upon states parties (pacta sunt servanda). The making of treaties, from the formalities and methods of consent from signature to ratification, is covered before the chapter turns to reservations. The nature of reservations and their effect upon third parties is addressed is addressed as is the process of amendment of treaties. Consideration of treaty interpretation then follows with the various methodologies examined from the textual, intention and object, and purpose of the treaty points of view, with a careful look at case law. The particular position of human rights treaties in this process is noted. The chapter then turns to the invalidity, termination and suspension of treaties, including a discussion of the concepts of peremptory norms (jus cogens), material breach, supervening impossibility of performance and fundamental change of circumstances (rebus sic stantibus).
This chapter focuses on the rules set out in the 1969 Vienna Convention on the Law of Treaties (VCLT). This chapter begins with the concept of a treaty, before discussing treaty-making, with a particular focus on the conclusion of treaties, their entry into force, and reservations to treaties. The chapter then delves into how treaties operate, namely their scope of application and their interpretation. Finally, this chapter looks at the invalidity, suspension, and termination of treaties.
This chapter examines how copyright reversion mechanisms developed in US copyright law. It traces the history of such provisions to its present day iteration (an inalienable right for creators to terminate copyright grants after around 35 years). As with the study of British reversionary rights, the chapter highlights how the US provisions have often been rendered ineffective through the behaviour of rightsholders (both before and after reversion mechanisms have been passed). It focuses on how the current termination scheme operates, highlighting its considerable problems: for example, uncertainty over whether sound recordings are covered, and the sheer difficulty of meeting the formalities necessary to exercise the statutory rights.
In this chapter of Complex Ethics Consultations: Cases that Haunt Us, the author explores the misunderstandings that can arise when there are no good options but a decision must be made. Zaner discusses the complex emotions faced by a pregnant woman carrying a fetus at 22 weeks gestational age and neural tube defect. She is referred to the maternal-fetal unit. She faced a decision about whether to terminate the pregnancy based on uncertain information and a two-week deadline to make a decision. The author reflects on the ethical dimensions so many parents face when either decision is irreversible and information is tenuous, but a treatment decision must still be made.
The history of student activism during the twentieth century in both K-12 and higher education contexts has a robust literature base; however, Native American student activism has largely been overlooked by historians of education. Predating the well-known American Indian Movement (AIM) by nearly a decade, the National Indian Youth Council (NIYC) successfully created an organizing base during the 1960s from which other Indigenous activist movements emerged, many of which still operate today. By focusing their efforts on student-run publications, direct action, and community-run education, the Indigenous college students and young adult activists constituting the NIYC contributed significantly to a larger social movement opposing and ultimately upending the federal policies of termination imposed on American Indian tribes that lasted from 1953 to 1970.
Both corporate partners and musicians may have valid reasons for wanting to terminate a contract. Forcing them to uphold the contract curbs party agency. Relevant reasons may include the aim of avoiding undue investment in an artist who has proven to be commercially unviable, the wish to escape unfair situations in terms of rights transfer, or cases of (perceived) unfairness in terms of exploitation and/or remuneration. The excessive duration of a contract may in itself also give rise to problems. On a more general level, the exclusive nature of many music industry contracts sits uneasily with the vision of musicians as independent, creative actors. This chapter reviews how the selected substantive legal regimes affect parties’ possibility to terminate the contractual relationship. First, the chapter reviews potentially applicable limitations on contract duration, as well as grounds for termination on the basis of breach of contract. Taking a more practical view, the consequences of contract termination are then assessed in order to gauge whether these consequences may amount to switching costs that prevent the termination of contracts in practice.
This chapter brings together the research findings and answers the main research question, namely how the legal framework can contribute to a achieving a fair(er) balance between the interests of musicians and their main corporate partners. It summarises the potential bottom-up initiatives, as well as the possible regulatory action identified throughout the book.
This book focuses on music industry contracts and the contractual dynamics between composing and/or performing musicians and their primary partners in the digitised music industry, namely music publishers and record companies, taking account of the ubiquitous nature of music streaming. It focuses on the question of how the legal framework intervenes and should intervene in such contracts, both in theory and in practice. Its objective is to contribute to a level playing field that counteracts the imbalance in bargaining power between musicians and their corporate partners in a proportionate way. The book draws upon an analysis of copyright contract law at the European Union and national level, as well as relevant principles of general contract law, competition law and related applicable rules that curb business-to-business contract terms and trade practices characterised as unreasonable. The book studies the applicable legal framework in Belgium, France, Germany, the Netherlands and the United Kingdom.This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
In this chapter, I vet various criteria for a satisfactory account of agnosticism that have been proposed in the literature. I conclude that a satisfactory account of agnosticism should satisfy the following seven criteria: (1) Cognitive Contact, (2) Inconsistency, (3) Spontaneity, (4) Termination, (5) Neutrality, (6) Commitment, and (7) Appropriateness.
This chapter discusses the basics of the law of treaties: what they are, how they are concluded, what efefcts they generate, and how they are to be terminated. It is built around the 1969 Vienna Convention on the Law of Treaties
This chapter explores the simple mandate contract which is governed by Articles 394–406 of the Swiss Code of Obligations. This chapter commences with the sources of this contract, its main characteristics as well as its delimitations with other contracts. This chapter then moves on to discuss the formation of the simple mandate contract before discussing in detail the obligations of the agent and the principal. These include the agent’s obligation to provide the promised services, duty to render the services in a diligent and faithful manner, duty to give an account, duty to return and duty to transfer vested rights as well as the principal’s duty to reimburse expenses, duty to discharge the agents from their obligations, duty to compensate for any loss incurred and obligation to pay fees. Finally, this chapter explores the end of the simple mandate contract either by termination or due to legal reasons.
This chapter examines the commercial agency contract which is governed by Articles 418a–v of the Code of Obligations starting with the sources and characteristics of this contract as well as the delimitations with other contracts and the various types of agents found under Swiss law. This chapter then moves on to the conclusion of the commercial agency contract and analyses in detail the obligations of the commercial agent and the principal. This includes the agent’s obligation to negotiate or conclude contracts, duty of care, obligation of loyalty, liability for the proper performance of the contract by the customer and obligation to return and the principal’s general duty to assist the commercial agent, obligation to pay and other pecuniary duties. Finally, this chapter explores the end of the commercial agency contract including both ordinary and extraordinary causes of termination as well as the winding up of the contract.
This chapter deals with a single, yet complex and over-arching topic, namely termination of the life of a contract. When a contract is terminated it no longer demands obligations from the parties, although the parties may be liable for damages or restitution. As will be shown, the CC distinguishes between two types of termination: termination proper and rescission. Given that termination produces significant consequences for the parties, the CC sets out general and subject-specific rules. General rules include those on forcemajeure, impossibility of fulfilment, discharge, set-off, novation and the effects of the death of one of the parties to a contract (among others). Subject-specific rules concern the likelihood of termination in respect of particular contracts, such as leases, deposits, employment and others. The chapter goes on to show that, exceptionally, termination or rescission is automatic, while in the majority of cases one of the parties, typically the debtor, must apply to the courts for termination or rescission.
Schema therapy training programmes tend to focus on the starting phases of therapy rather than on the final phase of therapy. In the early phases the therapist plays a more active part in the therapeutic interventions and in providing a role model of a ‘healthy adult’. In these phases, the therapist generates the client’s mode awareness, while also facilitating opportunities for corrective emotional experiences. These experiences will provide a basis for the development of the client’s Healthy Adult mode. However, it should not be assumed that the end phase will always be smooth or problem free. Often, as the therapy approaches the ending phase, challenges emerge and it can be easy for clients to fall back into old behavioural patterns. In these moments clients may seem unable to continue independently without the support of therapy. This chapter discusses the way in which the end phase might be carried out, how the therapeutic stance of limited reparenting changes during this phase, and how the therapeutic strategies are implemented differently as compared to the earlier phases. Further, we will review some common problems and challenging situations schema therapists might encounter in this end phase.
From its inception, the COVID-19 pandemic has been a disruptive force on U.S. health care and public health systems. President Biden’s announced termination of the national public health emergency on May 11, 2023 portends a return to normalcy and relief for Americans from the greatest infectious disease scourge the nation has ever faced. In reality, closing out this pandemic presents a tempest of legal and practical complications.
Before the 20th century, most rules of international law were in the form of customary international law. Since then, the increased complexity of international relations and rapid international development have led to a substantial growth in the number and diversity of treaties. Article 38(1)(a) of the Statute of the International Court of Justice (‘ICJ Statute’) recognises treaties as a (material) source of international law by referring to ‘international conventions, whether general or particular, establishing rules expressly recognized by the contesting states’. Treaties now regulate trade, communications, environmental protection, military cooperation and defence, and human rights, to name but a few of the myriad topics. International environmental law, for example, is almost entirely governed by treaties, and international trade, investment and communications ‘are unimaginable without treaties’. The main rules in the law of treaties are contained in the 1969 Vienna Convention on the Law of Treaties (‘VCLT’), which governs treaty relations between states and is the focus of this chapter.
Normally, treaties contain express provision on duration and termination. These can take a variety of forms, including indefinite duration with a right to terminate, or a conditional right to terminate. Various types of clauses are examined, together with the situation where a treaty contains no provision for termination or withdrawal. A treaty may also be terminated by consent or by conclusion of a later treaty. The chapter examines the relationship between treaty provisions and countermeasures, and analyses the right of one or more parties to terminate or suspend a treaty for material breach. It also examines other grounds for termination, including supervening impossibility of performance and fundamental change of circumstances (rebus sic stantibus), the procedure for termination, and special circumstances such as the severance of diplomatic relations or outbreak of hostilities.