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A Public Law Approach to Internet Standard Setting
This article lays the foundations of a comprehensive analysis of the legitimacy of global Internet governance institutions from the perspective of public law. It does so by extending the application of the international public authority approach (IPA) not only beyond public institutions, but beyond ICANN and the unique identifiers regime, which have been the focus of public and scholarly attention so far, to cover another domain where informal and private institutions play a leading role: Internet standardisation. In order to do so, section B. provides an overview of global Internet governance as an example of the privatization and informalization of authority that characterizes global governance. Section C. presents IPA’s conceptual framework and situates it within the broader context of public law approaches to global governance, focusing on the way it justifies the application of pubic law standards to the exercise of authority by informal and private institutions and instruments. Section D. inquires whether the development of the main technical standards of the Internet, the TCP/IP protocol suite, by two private and informal institutions, the IETF and the W3C, qualifies as an exercise of international public or functionally equivalent authority. These standards can be regarded as authoritative because they constitute the code of the Internet and because economic network effects render them economically obligatory. Whereas technical standardization meets IPA’s original functional equivalence criterion for identifying those instances where private authority should be assessed and subjected to public law standards, the extent to which it qualifies as public authority according to Goldmann’s more demanding conception of it remains an aspect to be clarified in further research
The Evolution of Arms Control Instruments and the Potential of the Arms Trade Treaty
Although the Arms Trade Treaty (ATT) has the potential to create an effective international legal framework for controlling the international arms trade, much depends on the subsequent development of its legal framework. This article therefore analyzes how the ATT, as a multilateral arms control treaty, can develop its own legal framework in accordance with international law and what role the organs established by it can play in that process. It will be shown that in its current form the ATT has significant shortcomings that may prevent it from achieving this goal, but there certainly is room for the lawful development of its norms, which will depend on amassing political will and the establishment of practice
Daniel B. Sharp, Between Nostalgia and Apocalypse: Popular Music and the Staging of Brazil (2014)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465270
Donna A. Buchanan (ed.), Soundscapes from the Americas: Ethnomusicological Essays on the Power, Poetics, and Ontology of Performance (2014)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465270
José Cenizo Jiménez and Emilio J. Gallardo-Saborido (eds.), Presumes que eres la ciencia: Estudios sobre flamenco (2015)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465271
Living on a High Note: Mavis Staples. Produced by M. Ward, Anti Records, Los Angelos (2016)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465271
Lisa Urkevich, Music and Traditions of the Arabian Peninsula: Saudi Arabia, Kuwait, Bahrain, and Qatar (2015)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465116
Towards a New International Law of the Atmosphere?
Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide range of different transnational institutions. Following several earlier attempts at identifying cross- cutting legal rules and principles in this field (by, inter alia, the International Law Association, the UN Environment Programme, and the Institut de Droit International), the ILC has now embarked on a new codification/restatement project led by Special Rapporteur Shinya Murase – albeit hamstrung by a highly restrictive ‘understanding’ imposed by the Commission in 2013. This article assesses the prospects and limitations of the initial ILC reports and debates in 2014 and 2015, and potential avenues for progress in the years to come
Sylvia Angelique Alajaji, Music and the Armenian Diaspora: Searching for Home in Exile (2015)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465270