495 research outputs found

    The Impact of Control Over Armed Forces on Conflict Classification in War Crimes Cases

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    This contribution analyses how the two different notions of control over armed forces that have been developed in the international case law (namely, “effective control”, as set out by the International Court of Justice, and the “overall control” standard, as set out by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY)) impact on the classification of a conflict by international criminal courts and tribunals as either an international or a non-international armed conflict; and concomitantly on the fair trial rights of the accused. The Taylor case at the Special Court for Sierra Leone is discussed as an example where application of the overall control standard—if correctly applied—would have impacted on the classification of the conflict, and thereby on the Special Court’s jurisdiction over the crimes committed by the accused. Subsequently, the practice of the International Criminal Court (ICC), where the overall control standard was adopted without any explicit consideration, is analysed, as well as the consequential impact of adopting this lower standard on rights of the accused. In the last section, the author discusses two recent developments in the international case law, namely, the ICTY’s ruling that effective control over (part of) a territory by an armed group under overall control amounts to occupation-by-proxy, and the ICC’s finding that control over territory by an organised armed group may fulfil the intensity requirement for the existence of a non-international armed conflict, even in the absence of any clashes or fighting between the parties

    Representation in Analog Computation

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    Gerard O'Brien and Jon Opiehttp://trove.nla.gov.au/work/3899271

    Figure 3 in A global biodiversity estimate of a poorly known taxon: phylum Tardigrada

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    Figure 3. Number of distinct first-author surnames for taxonomic papers listed in the checklist for tardigrades as a function of year;, terrestrial;, marine.Published as part of Bartels, Paul J., Apodaca, J.J., Mora, Camilo & Nelson, Diane R., 2016, A global biodiversity estimate of a poorly known taxon: phylum Tardigrada, pp. 730-736 in Zoological Journal of the Linnean Society 178 (4) on page 734, DOI: 10.1111/zoj.12441, http://zenodo.org/record/536942

    Adoption and diffusion of green innovations

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    Contains fulltext : 132696.pdf (author's version ) (Open Access

    When do special interests run rampant ? disentangling the role in banking crises of elections, incomplete information, and checks and balances

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    The author investigates the political determinants of government decisions that benefit special interest groups - especially government decisions to deal with banking crises. He finds that the better informed the voters, the more proximate elections, and the larger the number of political veto players ( conditional on the costs to voters of relevant policy decision), the smaller the government's fiscal transfer are to the financial sector and the less likely the government is to exercise forbearance in dealing with insolvent financial institutions. The results suggest that policies thatmight be appropriate for mitigating banking crises in the United States might be less effective in settings where voters are less informed, where elections are less competitive, and where there are fewer veto players, because in these settings checks and balances are missing. These policies include: a) Disseminating information about the costs of inefficient government decisions. b) Improving the structure of legislative regulatory oversight. c) Intervening early in insolvent banks. The author concludes that the more veto players there are, the less likely policies are to favor special interest groups (contrary to previous views). Moreover, the closer the elections, the less likely policies are to favor special interest groups.

    Snelheidsmetingen in geroerd vat

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    Kramers Laboratorium voor Fysische TechnologieApplied Science
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