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This chapter begins by defining Construction Land Use Right (CLUR) as the legal rights granted to entities or individuals by the government to use, possess and profit from state-owned land designated for construction purposes. The chapter outlines the creation of CLUR, detailing the processes of obtaining these rights through allocation or paid use, and the importance of registering these rights to ensure legal recognition and enforceability.
The chapter further explores the contractual aspects of CLUR, including the key terms and conditions that must be included in CLUR contracts and the debate on whether these contracts are civil or administrative in nature. It highlights the significance of compliance with administrative regulations and the consequences of non-compliance.
Additionally, the chapter delves into the transferability of CLUR, discussing the conditions under which allocated CLUR can be transferred, leased or mortgaged, and the legal implications of multiple transfer contracts. It also examines the revocation and extinguishment of CLUR, detailing the grounds for revocation by the government for public interest and the procedures involved in such actions.
In Boulez’s artistic framework, the principle of negation serves as a pivotal ideological and compositional foundation, symbolising a generational reset and a radical departure for new music. This chapter delves into Pierre Boulez’s utilisation of poetry and the singing voice as foundational elements in his pursuit of the negational principle. Focused on his concept of ‘reforming’, I examine Boulez’s vocal compositions based on selected poems by René Char, Henri Michaux, Stéphane Mallarmé and E. E. Cummings. Within these compositions, Boulez skilfully juxtaposes traditional elements with serialism, using the serial language to neutralise and negate the established norms. The ‘centre and absence’ principle takes centre stage, serving as Boulez’s fundamental approach to implementing deconstructive processes. This analysis proposes a novel interpretation, presenting this principle as a dynamic force governing the dramatic trajectory of vocal compositions beyond its role as a mere structural device.
The archives and testimonies concerning Pierre Boulez’s childhood are fragmentary, rendering a biography difficult to write without making assumptions or risking irrelevance. Yet, some aspects of his childhood emerge that help to understand Boulez as man and composer: his early years in the provincial town of Montbrison, the strong personality of his father, the role of his mother and sister in his discovery of music, his scholarship to the Catholic Institut Victor de Laprade, where music had a prominent place in his life.
The new music festivals at Donaueschingen and Darmstadt and Boulez’s Domaine Musical concert series were formative for Boulez’s development as a composer, conductor, writer and institution-builder in the 1950s and 1960s. The Donaueschingen festival was significant for premieres of Boulez’s music, including ‘Tombeau’, the final section of Pli selon pli, which was performed in part there in 1959. Boulez’s attendance was intermittent at the Darmstadt new music courses, but he nevertheless interacted there with key figures from the serial generation, such as Karlheinz Stockhausen and Luigi Nono, and Darmstadt was the venue where Boulez first delivered the lectures that were published later as Boulez on Music Today. Boulez created his own concert series in Paris, the Domaine Musical, which he oversaw from its inception in 1953 until 1967, with the aim of performing key works from the first phase of musical modernism, along with music composed by his own generation.
Draws from an extensive literature review on food politics to propose a Framework of Holistic Politics for Food System Transformation. The Framework posits that food systems transformation would be a process/outcome of interrelated political configurations of actions across four processes or stages: 1) Identifying resistance to change in the current regime, 2) Creating and sustaining new momentum, 3) Converting new momentum into sustainable options; -and cross-cutting, 4) Managing trade-offs, reducing incoherence, and prioritization. At each stage, four domains of politics must be considered, including 1) Power, the political economy of actors, knowledge, and evidence; 2) Cultural dynamics, norms, and behavior; 3) Capacity and financial resources; and 4) Technological innovations). To deliver normative transformation, these actions must be carried out in four distinct processes. The Framework underscores the need for normative and goal-oriented processes, the multi-dimensionality of politics, and the normative driving environment in governance food systems transformation.
Chapter 7 explores a case study of how American PR interests, business interests, and government interests all aligned to help overthrow the elected government of Guatemala in 1954. Guatemalan leader Jacobo Arbenz proposed land reforms that threatened the power of the US-owned United Fruit Company, the biggest employer and landowner in Guatemala. The United Fruit Company (UFCO) fought against the Arbenz regime, using PR and its connections in Washington to try and influence the Eisenhower administration and the public. The man in charge of UFCO’s PR strategy was Edward Bernays. While Bernays alone did not make the Eisenhower administration support a coup in Guatemala, his work to publicize events in Central America contributed to the governmental and elite opinion that the Arbenz regime was part of a global communist plot that threatened US interests.
This chapter explores the single most important difference between Anglo-American and German/Continental trial procedures: bifurcation vs. unification. Should a court determine sentence at the same time as it adjudicates verdict? Or should the criminal process be divided, with sentencing taking place after conviction, in a separate ‘penalty phase’ of the criminal process? Common law (adversarial) jurisdictions take the bifurcated approach, while in civil law (inquisitorial) systems the sentencing decision is part and parcel of the decision to convict or acquit. The chapter investigates the merits of both approaches.
Comparing the two approaches to sentencing may yield important insights. Although neither system is likely to abandon its chosen methodology in favour of the alternative, there may be elements of each which can be adopted with a view to overcoming any structural deficiencies.
This chapter focuses on change of an international order and its sense of legitimacy—in other words, change of the system of an international order and of its legitimacy. Concentrating on the change of an international order and of its legitimacy consists of exploring a type of change that is so transformative that it brings about a change in both how an international order is organized and institutionalized and functions, and how this is justified by the culture of legitimacy that is part of it. As a way to analyze this issue, this chapter addresses three questions: What can be the reasons triggering a change of international order/system and the sense of legitimacy that comes with it? What are the modalities and processes indicating that an international system and its legitimacy are changing? What has shifted—that is, changed—when a new international order and its culture of legitimacy have emerged?
The twentieth century was a period of radical transformation in the materials, resources and technologies available for music. Pierre Boulez was at the forefront of these developments, yet at the same time he displayed a curious ambivalence towards them. This chapter shows how, as a powerful cultural figure committed to the project of modernity, Boulez embraced the technologies of the new age, particularly through his guiding of the programme of activities undertaken at the music/scientific research centre IRCAM, which he helped to found in Paris in the 1970s. It also shows how, in his own compositional work, he displayed an ambivalent and musically conservative attitude towards new technological developments, leaving the details to others, while maintaining a quite traditional view of musical composition and performance. The chapter explores the conceptual, historical and cultural contexts for Boulez’s engagement with technology, and examines some of the works he composed using the technological resources developed at IRCAM.
The conflagration is followed by a cosmony that restores the cosmos. In fact, a permanent end would be impossible given the rationality of the early Stoic god. In this chapter, I limit myself to asking what is the structure of the cosmogony. How, exactly, is the large mass of fire left by the conflagration transformed in the cosmogony into the differentiated masses of air, fire, water and earth that constitute the present cosmos? I shall argue that the cosmogony, which sets off as soon as the conflagration is over, divides into at least three basic stages: (a) the formation of the four elements and of the sublunary and supralunary regions as two differentiated parts of the cosmos, (b) the formation of composite homogeneous substances (gold, flesh, wood, etc.) out of the four elements; and (c) the formation of composite heterogeneous substances (animals and plants) out of homogeneous ones.
The worldwide scope and depth of the present international system and its sense of legitimacy have not been applied in the same way everywhere. There is still much diversity among countries and the courses of action and the policies that they embrace. This explains, in part, the tensions and disagreements concerning the nature and dynamic of this international system as well as the claims of legitimacy in it. The redistribution of power currently underway at the international level, epitomized by the rise of China, could create more stress in the future. Nevertheless, overlooking the scope and depth of the present international order and its culture of legitimacy would be a mistake. The scope and depth of the present international order and its culture of legitimacy are the manifestations and the products of the following elements working together: position of power dominance, means of penetration and integration, values and norms, and secularization and democratization.
Through the mediation of Messiaen and Leibowitz, Boulez became acquainted with the repertoire of modern music during his student years, leading him to conceive of its synthesis at an early stage. First with Cage, then with Stockhausen, he maintained a fruitful dialogue, linked to the construction of a coherent language. Nevertheless, he was suspicious of Darmstadt and critical of the music he heard there, such as that of Nono. From the 1960s onwards, he pursued his compositional approach in a more solitary fashion, while interpreting the music of his contemporaries as a conductor. Open to the influences of writers and painters but an adept of absolute music that produced its own meanings, Boulez drew close to contemporaries such as Berio, Carter and Ligeti, who admired his work and his commitment to creation. In his writings, however, he relies essentially on his predecessors, making almost no reference to his contemporaries.
This chapter deals with ‘intime conviction’ and ‘beyond a reasonable doubt’ as ways in which fact-finders (professional judges or lay juries) in criminal trials decide on the question of guilt. The ‘beyond a reasonable doubt’ standard is typically associated with the Anglo-American system of criminal justice, whereas intime conviction is a characteristic feature of Continental procedural systems. Both standards belong to the phase of the evaluation and assessment of evidence in the criminal trial procedure. The chapter considers the way in which the two systems have converged on essentially the same standard of proof but have taken different paths towards it, with parallel discussions taking place along the way. The chapter discusses the definition of the ‘beyond a reasonable doubt’ standard in detail and introduces several important questions that have arisen around the two standards, such as those concerning definition and application of the standards, and how such issues have been resolved in the two different systems, and notes a few significant remaining differences.
International legitimacy established by international law is related to the fundamental principles of international law. Through these principles and their relations, international law expresses and projects legitimacy internationally. In the process, it establishes a hierarchy of rights holding and rights holders. This chapter focuses on three aspects of this situation. First, it examines the key principles or values of international law and indicates how each of them represents a form and part of legitimacy and how, as a whole, they outline an overall conception of legitimacy at the international level. Second, it analyzes the relations of compatibility, competition, and hierarchy that exist among them. Third, it shows that the fundamental principles and their relations translate into a ranking and hierarchy of rights holding and rights holders—and argues that the international top rights holder, the state, plays a central role in the changes that can affect this ranking/hierarchy.
An international authority is necessary for the features of international legitimacy—that is, international membership, rights holding, fundamental principles of international law and hierarchy of rights holding, and rightful conduct—to be identified and operationalized, to become the expression of legitimacy and legitimacy in action internationally. Since the end of World War II, the United Nations (UN) has embodied this international authority. Having been established by the will of states and the UN Charter, the UN serves as the international authority of the time, the framework in which most of the construction and evolution of international law—be it through lawmaking treaties, the resolutions of the UN Security Council, or the work of the UN General Assembly and other UN organs—has taken place since the end of World War II. In the process, it has played a central role in determining what is and is not legitimate in international life.