Just another case of treaty interpretation? Reconciling humanitarian law and human rights law in the ICJ

This chapter offers a fresh critique of the approach taken by the International Court of Justice to the relationship between humanitarian law and human rights law. In so doing, it seeks to move beyond the intractable debates that have dominated this area, offering an original account of the relationship that is firmly grounded in general international law concepts of treaty interpretation.

Aesthetical and narrative uses of the trench in the Hollywood cinema of 1918-1930

Throughout history of painting, the representation of landscape has been considered a laboratory for the human gaze on the world. The First World War and its new approach to the battlefield altered deeply the classical forms of representation, and replaced them with a mechanised and fragmentary vision, which was related with the development of photography and cinema. As Vicente J. Benet has analysed, Hollywod cinema used these deep changes in its filmic versions of the conflict, although it organised them following a narrative logic. In this text we intend to study how the battlefield and, particularly, the trench, are inserted in this logic of the history of landscape painting. We do so through some Hollywood films from the period 1918-1930. Firstly, we approach the trench as a composition value which can structure the image and guide the camera movement. In the second place, we study how it creates a dialog between its inside, melodrama scenery, and the outside, battlefield and danger. In both cases, we conclude that the trench as a form and as a narrative element plays a structuring and integrative role with the storytelling logic.

Starting well: Gender, care and health in the family context

In this article we present a critique of a series of public policy documents that aim at improvement in health for the general population, particularly families, but fail to recognize or appreciate the implications of gender for the everyday and the long-term experiences of family members. Drawing upon considerations of gender, families, health time and space and previous theoretical work (McKie et al, 2002), we propose the concept of healthscapes to aid the analysis and development of public policies. A healthscapes approach allows analysis of health policy within the diverse and multi-dimensional notions of time, space and gender that infuse the lifecourse. We assert that consideration of the gendered and generational project of caring particularly in relation to the (re)production of health, should involve a reflective inter-play between theory research and policy.

Second-order cybernetics and enactive perception

Purpose - To present an account of cognition integrating second-order cybernetics (SOC) together with enactive perception and dynamic systems theory. Design/methodology/approach - The paper presents a brief critique of classical models of cognition then outlines how integration of SOC, enactive perception and dynamic systems theory can overcome some weaknesses of the classical paradigm. Findings - Presents the critique of evolutionary robotics showing how the issues of teleology and autonomy are left unresolved by this paradigm although their solution fits within the proposed framework. Research limitations/implications - The paper highlights the importance of genuine autonomy in the development of artificial cognitive systems. It sets out a framework within which the robofic research of cognitive systems could succeed. Practical implications - There are no immediate practical implications but see research implications. Originality/value - It joins the discussion on the fundamental nature of cognitive systems and emphasise the importance of autonomy and embodiment.

Spiritual literacy and tacit knowledge

This article represents a critique of the 'spiritual literacy' approach to spiritual education developed by Andrew Wright (e.g. 2000a), with particular reference to the inclusion of Michael Polanyi's theory of 'tacit knowledge'. Wright's assessment of the current state of religious education is summarised and his proposed method is outlined. Polanyi's ideas are then described and assessed for their compatibility with the 'spiritual literacy' approach.

Comment on: Fruit and seed biomineralization and its effect on preservation by E. Messager et al.; in: Archaeological and Anthropological Sciences (2010) 2:25–34. DOI 10.1007/s12520-010-0024-1

This article provides a brief critique of a recent article on biomineralisation and preservation. It gives a summary of the difference between biomineralisation and mineral replacement, and addresses problems with the interpretation of FT-IR data. The lack of contextual information for the samples studied is another problem which is highlighted.

Room reflections and constancy in speech-like sounds: within-band effects

The experiment asks whether constancy in hearing precedes or follows grouping. Listeners heard speech-like sounds comprising 8 auditory-filter shaped noise-bands that had temporal envelopes corresponding to those arising in these filters when a speech message is played. The „context‟ words in the message were “next you‟ll get _to click on”, into which a “sir” or “stir” test word was inserted. These test words were from an 11-step continuum that was formed by amplitude modulation. Listeners identified the test words appropriately and quite consistently, even though they had the „robotic‟ quality typical of this type of 8-band speech. The speech-like effects of these sounds appears to be a consequence of auditory grouping. Constancy was assessed by comparing the influence of room reflections on the test word across conditions where the context had either the same level of reflections, or where it had a much lower level. Constancy effects were obtained with these 8-band sounds, but only in „matched‟ conditions, where the room reflections were in the same bands in both the context and the test word. This was not the case in a comparison „mismatched‟ condition, and here, no constancy effects were found. It would appear that this type of constancy in hearing precedes the across-channel grouping whose effects are so apparent in these sounds. This result is discussed in terms of the ubiquity of grouping across different levels of representation.

Reading Derrida on mathematics

This article engages with the claims of Anne Brubaker that “[n]ow that the dust has settled after the so-called ‘Science Wars’ […] it is an opportune time to reassess the ways in which poststructural theory both argues persuasively for mathematics as a culturally embedded practice – a method as opposed to a metaphysics – and, at the same time, reinscribes realist notions of mathematics as a noise-free description of a mind independent reality.” Through a close re-reading of Jacques Derrida’s work I argue, in alliance with Vicki Kirby’s critique of the work of Brian Rotman, not only that Brubaker misunderstands Derrida’s “writing” but also that her argument constitutes a typical instance of much wider misreadings of Derrida and “poststructuralism” across a range of disciplines in terms of the ways in which her text re-institutes the very stabilities it itself attributes to Derrida’s texts.

The financial system reform in China: the lesson learnt from the global financial crisis

This paper reviews the impact of the global financial crisis on financial system reform in China. Scholars and practitioners have critically questioned the efficiencies of the Anglo- American principal-agent model of corporate governance which promotes shareholder-value maximisation. Should China continue to follow the U.K.-U.S. path in relation to financial reform? This conceptual paper provides an insightful review of the corporate governance literature, regulatory reports and news articles from the financial press. After examining the fundamental limitations of the laissez-faire philosophy that underpins the neo-liberal model of capitalism, the paper considers the risks in opening up China’s financial markets and relaxing monetary and fiscal policies. The paper outlines a critique of shareholder-capitalism in relation to the German team-production model of corporate governance, promoting a “social market economy” styled capitalism. Through such analysis, the paper explores numerous implications for China to consider in terms of developing a new and sustainable corporate governance model. China needs to follow its own financial reform through understanding its particular economy. The global financial crisis might help China rethink the nature of corporate governance, identify its weakness and assess the current reform agenda.

Estimating interchannel observation-error correlations for IASI radiance data in the Met Office system

The optimal utilisation of hyper-spectral satellite observations in numerical weather prediction is often inhibited by incorrectly assuming independent interchannel observation errors. However, in order to represent these observation-error covariance structures, an accurate knowledge of the true variances and correlations is needed. This structure is likely to vary with observation type and assimilation system. The work in this article presents the initial results for the estimation of IASI interchannel observation-error correlations when the data are processed in the Met Office one-dimensional (1D-Var) and four-dimensional (4D-Var) variational assimilation systems. The method used to calculate the observation errors is a post-analysis diagnostic which utilises the background and analysis departures from the two systems. The results show significant differences in the source and structure of the observation errors when processed in the two different assimilation systems, but also highlight some common features. When the observations are processed in 1D-Var, the diagnosed error variances are approximately half the size of the error variances used in the current operational system and are very close in size to the instrument noise, suggesting that this is the main source of error. The errors contain no consistent correlations, with the exception of a handful of spectrally close channels. When the observations are processed in 4D-Var, we again find that the observation errors are being overestimated operationally, but the overestimation is significantly larger for many channels. In contrast to 1D-Var, the diagnosed error variances are often larger than the instrument noise in 4D-Var. It is postulated that horizontal errors of representation, not seen in 1D-Var, are a significant contributor to the overall error here. Finally, observation errors diagnosed from 4D-Var are found to contain strong, consistent correlation structures for channels sensitive to water vapour and surface properties.

Parallel editing, multi-positionality and maximalism: cosmopolitan effects as explored in some art works by Melanie Jackson and Vivienne Dick

Garfield produces a critique of neo-minimalist art practice by demonstrating how the artist Melanie Jackson’s Some things you are not allowed to send around the world (2003 and 2006) and the experimental film-maker Vivienne Dick’s Liberty’s booty (1980) – neither of which can be said to be about feeling ‘at home’ in the world, be it as a resident or as a nomad – examine global humanity through multi-positionality, excess and contingency, and thereby begin to articulate a new cosmopolitan relationship with the local – or, rather, with many different localities – in one and the same maximalist sweep of the work. ‘Maximalism’ in Garfield’s coinage signifies an excessive overloading (through editing, collage, and the sheer density of the range of the material) that enables the viewer to insert themselves into the narrative of the work. In the art of both Jackson and Dick Garfield detects a refusal to know or to judge the world; instead, there is an attempt to incorporate the complexities of its full range into the singular vision of the work, challenging the viewer to identify what is at stake.

Educating integrated catalysts: transforming business schools toward ethics and sustainability

Joining the sharpening critique of conventional University-based business school education, we argue that educating integrated catalysts is necessary to meet current sustainability challenges. The key feature of moving toward the integration required at the individual level is focusing on developing students' capacity for moral and cognitive maturity. Practically, this makes the practice of genuine dialogue focal as core interpersonal method for educating management students. In supporting such education, business schools must however first transform themselves. Acting as transformative social enterprises, they can demonstrate being a part in critically questioning and improving the impact and relevance of management on the flourishing of wider society and the practice of an ethically oriented economy. We offer practical suggestions and implications for future business education reform.

The post-financial crisis challenges for corporate governance and banking reform in China

The purpose of this paper is to review the impact of the global financial crisis on banking reform in China. The significant doubt concerning the efficiencies of Anglo-American model of corporate governance has raised a critical political question amongst scholars and practitioners as to whether China should continue to follow the U.K.-U.S. path in relation to financial reform. This conceptual paper provides an insightful review of the corporate governance literature and regulatory reports. After examining the fundamental limitations of the laissez-faire philosophy that underpins the neo-liberal model of capitalism, which promotes greater liberalization and less control, the paper considers the risks in opening China’s financial markets and relaxing monetary and fiscal policies. A critique of shareholder-capitalism is outlined in relation to the German’s “social market economy” styled capitalism. Through such analysis the paper explores a number of implications for China to consider in terms of developing a new and sustainable corporate governance model applicable to the Chinese context.

Zombie mouse in a Chinese Room

John Searle’s Chinese Room Argument (CRA) purports to demonstrate that syntax is not sufficient for semantics, and, hence, because computation cannot yield understanding, the computational theory of mind, which equates the mind to an information processing system based on formal computations, fails. In this paper, we use the CRA, and the debate that emerged from it, to develop a philosophical critique of recent advances in robotics and neuroscience. We describe results from a body of work that contributes to blurring the divide between biological and artificial systems; so-called animats, autonomous robots that are controlled by biological neural tissue and what may be described as remote-controlled rodents, living animals endowed with augmented abilities provided by external controllers. We argue that, even though at first sight, these chimeric systems may seem to escape the CRA, on closer analysis, they do not. We conclude by discussing the role of the body–brain dynamics in the processes that give rise to genuine understanding of the world, in line with recent proposals from enactive cognitive science.

Nonhuman empires

The themed section “Nonhuman Empires” contributes to a critique of anthropocentrism in the field of imperial history. It reveals the variety of ways in which the historical trajectories of nonhuman animals and empires both intersected and informed one another. Beyond merely rehabilitating nonhuman themes in conversations about imperial history, it provides a platform for rethinking both nonhumans and empires as they are envisioned conventionally in the historiography. This introductory article begins by situating this special section as a conversation between science studies and animal studies, on the one hand, and the historiography of empires, on the other. It then suggests ways to reconceptualize agency, subjects, nonhumans, and empire by combining certain shared concerns of subaltern studies and actor-network theory. Finally, it emphasizes the need to integrate postcolonial critiques with emerging scholarship about the posthuman.