Ipso Facto Research Articles

THE RIGHT TO LIFE AND THEJUS AD BELLUM: BELLIGERENT EQUALITY AND THE DUTY TO PROSECUTE ACTS OF AGGRESSION

AbstractGeneral Comment 36 of the Human Rights Committee, adopted in 2018, asserts that ‘States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant.’ One question about this claim is whether it reduces incentives for compliance with international humanitarian law for States and their agents—incentives provided through the principles of belligerent equality and combatant immunity. It is argued that it does not do so—such a worry about incentives is not a reason to reject the claim in General Comment 36. In the process, it can also be shown that, if accepted, this claim is interesting in another way: it entails, in effect, a duty on States to prosecute acts of aggression insofar as they entail killing, as they often will. This itself is doctrinally innovative. As to who is to be prosecuted, it is the political and military leadership of the State. It is their decision to wage war unlawfully that renders the killings arbitrary.

Can the anti-politics machine be dismantled?

ABSTRACT This paper engages with a central problem in development studies: why is development so depoliticised, and how can this be remedied? It does so by providing a theoretical/conceptual framework of the way that the ‘political’ and the ‘technical’ are constructed as a cognitive gap in the inner frame of the development planner. Drawing on Scott, Schmitt, Weber, Horkheimer & Adorno, and the critical development literature, it argues that politics presents itself to the planner as a sphere of uncertainty that can disrupt project outcomes. Knowledge production about development politics, for example through political economy analysis, is thus a compulsion that arises from the need to govern this source of uncertainty. The politics rendered legible and decoded in this way is also ipso facto no longer part of the political unknown, but now belongs to the realm of the technical. The implications of this framework are that the anti-politics machine will perpetually regenerate itself. The work of mitigating technocratic excess is productive, but it is a Sisyphian labour that will not have a clean or satisfying end-date.

Le bureau des âmes. Écritures et pratiques administratives de la Pénitencerie apostolique (XIIIe-XIVe siècle) by Arnaud Fossier

Reviewed by: Le bureau des âmes. Écritures et pratiques administratives de la Pénitencerie apostolique (XIIIe-XIVe siècle) by Arnaud Fossier Peter D. Clarke Le bureau des âmes. Écritures et pratiques administratives de la Pénitencerie apostolique (XIIIe-XIVe siècle). By Arnaud Fossier. [Bibliothèque des Écoles Françaises d’Athèthes et de Rome, fasc. 378.] (Rome: École Française de Rome. 2018. Pp. xvi, 617. €39,00. ISBN 978-2-7283-1286-3.) The papal (now apostolic) penitentiary was one of the major departments of the late medieval Roman Curia. It granted absolution of sins in cases reserved to [End Page 605] the pope, and other graces that were also a papal monopoly, notably certain dispensations. Recent research on this office has concentrated on its late medieval registers, comprising successful petitions for these favors. Arnaud Fossier takes a different approach, focussing on the office’s thirteenth- and fourteenth-century formularies, which predate its registers and thus supply evidence of its early organization and activity. Fossier’s book complements and updates Emil Göller’s Die päpstliche Pönitentiarie von ihrem Ursprung bis zu ihrer Umgestaltung unter Pius V., still the standard history of the office to 1569, though published in 1907–11 and at a time when the registers were unavailable to researchers. Fossier has the advantage of drawing on recent studies of the registers and the evidence of the first extant register (1410–11). Chapters 1 and 2 trace the origins and evolution of the office from c. 1200 down to this first register. Its personnel and their careers receive close attention, notably the cardinal or major penitentiary in charge of the eponymous office and the minor penitentiaries subordinate to him by the mid-thirteenth century. More might be said here, however, about the proctors who increasingly represented petitioners before the office. Chapter 3 provides a useful survey of the formularies constituting Fossier’s main evidence, comparing their different formats and functions. Chapter 4 analyzes the diplomatic of form letters in these collections as models or examples for the letters the office issued in response to petitions. Comparison with original letters is an avenue for further research, enhancing understanding of how formularies were used, and the administrative processes involved in producing letters. Chapter 5 explores the juristic language used in form letters, notably the subtle distinctions between different kinds of fault absolved or dispensed by the office. The letters often commissioned local bishops to investigate the circumstances of petitioners’ faults, and this procedure is contextualized well in twelfth- and thirteenth-century jurisprudence. Chapter 6 focusses on dispensations, which relaxed canonical rules in specific cases, especially impediments to marriage and ordination. The canonistic background is effectively treated for the twelfth century but might have been explored into the later period of the formularies. Fossier again shows acute attention to legal terminology in the form letters and rightly notes the difficulty in differentiating dispensations from related graces, especially licenses. Chapter 7 discusses the different kinds of absolution the office granted. It concerned remission of sins in the penitential forum when conferred by minor penitentiaries, but penitentiary letters generally absolved from wrongs and their penal consequences in the judicial forum. Fossier further distinguishes between absolution in cases reserved to the pope, often from spiritual sanctions incurred ipso facto under canon law, and from general censures often proclaimed by popes against the Church’s enemies. The final chapter (8) is arguably the most original and important. It discusses the concept of “scandal” marking the difference between private and public sins. Theologians and canonists agreed by the thirteenth century that private sins confessed in the penitential forum should remain private, lest they provoke “scandal,” i.e., set others a bad example. Scandal was thus the negative effect of public sins on public opinion and was to be avoided. Form letters hence made certain graces conditional [End Page 606] on the absence of scandal, for example, dispensation of clergy for ordination despite physical defects providing these did not cause scandal (i.e., reputational damage to the Church). Marriage dispensations were similarly justified by the need to avoid the scandal that might arise if they were not...

GEO-STRATEGIC ANALYSIS OF IDENTITY POLITICS AND ETHNIC SEPARATISM: A RE-EVALUATION OF NIGERIA’S GOOD NEIGHBOURLINESS POLITICAL FRAMEWORK IN THE FACE OF TERRORISM

Identity politics plays a major role in the survival, peace and continued existence of independent African states. This cannot but exist in a situation where ethnic groups were factionalized between geographical delineations of colonialism. Nigeria lies between five francophone countries with geo strategic, identity and security implications. This ipso facto connotes the idea of a split of ethno religious groups originally bounded in historical empires but now exist within the borders of colonially separated states. In this wise, Nigeria’s good neighbourliness becomes an important political framework of interest. International terrorism since the wake of the 11th September attack on America has metalized into local terrorism perpetrated by the Boko Haram group in the case of Nigeria. Boko Haram terrorism has been internationalized with linkages with Isis and has spread its tentacles beyond the shores of Nigeria into neighbouring states of Chad, Niger, and Cameroon (countries which since the colonial era harboured Hausa, Fulani, Kanuri (Kanouri or Yerwa or Bare/Bari) and other such Nigerian northern ethnic groups with Islamic affiliations still binding the divided units since the Fulani jihad of the 18th century). Since Independence, Nigeria has wittingly dwelt within a choking Franco phony politics of survival. She had maintained a policy of good neighbourliness that has cost her continued friendship with France and economic openness to assist the African neighbours a breathing air of survival. In the wake of the new politics of international terrorism and with the spread of terrorist activities beyond the Nigerian borders into neighbouring States, this policy (good neighbourliness) becomes an agenda for analytical consideration, primarily because, relations between pre-colonial ethnic groups continue with a natural push and pull factor that post-colonial states cannot ignore. This is the relevance of this research paper which considers terrorism and identity politics within Nigeria’s security challenge as implicative on good neighbourliness. The paper argues that, terrorism, identity politics are negatively implicated on the security of Nigeria and its neighbours and that the political framework of good neighbourliness needs to be reviewed to take care of new arising challenges.

How the motor system copes with aging: a quantitative meta-analysis of the effect of aging on motor function control

Motor cognitive functions and their neurophysiology evolve and degrade along the lifespan in a dramatic fashion. Current models of how the brain adapts to aging remain inspired primarily by studies on memory or language processes. Yet, aging is strongly associated with reduced motor independence and the associated degraded interaction with the environment: accordingly, any neurocognitive model of aging not considering the motor system is, ipso facto, incomplete. Here we present a meta-analysis of forty functional brain-imaging studies to address aging effects on motor control. Our results indicate that motor control is associated with aging-related changes in brain activity, involving not only motoric brain regions but also posterior areas such as the occipito-temporal cortex. Notably, some of these differences depend on the specific nature of the motor task and the level of performance achieved by the participants. These findings support neurocognitive models of aging that make fewer anatomical assumptions while also considering tasks-dependent and performance-dependent manifestations. Besides the theoretical implications, the present data also provide additional information for the motor rehabilitation domain, indicating that motor control is a more complex phenomenon than previously understood, to which separate cognitive operations can contribute and decrease in different ways with aging.

History of Female Coparcener and her rights to Coparcenary property towards Gender Justice: A Legal Study under Hindu Law

In a country where parochial mind sets are deeply rotted, it is evident to find laws structured specially to cater to the benefits of men, who occupy a dominant pole in every spare. A relatable Instance was the devolution of property among the coparceners, where the only male coparcener of the Hindu joint family reckoned to be natural heirs to the ancestral property. It was the ipso facto gender-biased and unjust. The devolution of property under Hindus is governed by the Hindu Succession Act, 1956, which is with the due course of time change the status of a female coparcener and their right to coparcenary property. This is a journey where a female from nothing to getting equal status as to the male coparcener by reforming the patriarchal laws which were prevailing before the modern Hindu law. The Indian Constitution also enshrined the concept of equality and gender justice. By the virtue of Constitutional morality, the Indian judiciary preserved the right to equality and justice for all without any discrimination. The discriminatory practice of the female right to property is now changed and she also has the right to property absolutely like a son.

THE WAR AGAINST IMPUNITY FOR INTERNATIONAL CRIME: OPTICAL ILLUSION?

Deliberation on the imprescriptibility principle in international criminal law motivates determination towards the principle's function against impunity for international crimes. It is indeed a question of confronting this principle with judicial responsiveness, which relies on the speed of the criminal response. However, the current criminal response seems somewhat poorly considering the arising crimes. The poor execution enables criminals than the victims, which injures society. Therefore, it leads to inadmissibility. It is for this purpose that imprescriptibility arises and imposes itself comfortably. The research's conclusion attempts to demonstrate another facet of imprescriptibility. Imprescriptibility includes the impunity's ineffectiveness which passes irreversibly where ipso facto ensures impunity. This condition was perceived as a temporary and partial absence of justice that produced its socio-legal effects. Thus, the uncertainty of a judicial reaction resulting implicitly from this principle foster indolence in society. Over time, this would unsurprisingly lead to a denial of justice and eternal impunity.

Further Reflecting on the Six-Year Primary Project of the Institute of Education, University of Ife: The Key Players

African linguistic complexity is often defined in terms of its multilingualism and a complicated colonial sociolinguistic heritage. Tis colonial heritage is seen in the prevalence of European languages, especially English and French, in the lingual Franca of sub-Saharan states. A corollary to the latter assertion is that education in Africa, south of the Sahara, is primarily Eurocentric and quite unAfrican in context. More often than not, it is disempowering rather than empowering if we go by Paulo Freire’s notion of education as being central to empowerment and poor education as the primary agent and metaphoric vehicle for modern day disempowerment, a knowledge base that does not liberate the mind or embrace the cognitive progression of the learner.1 After all, the original goal of colonial education was to train the “natives” in European languages so as to be able to communicate with and, ipso facto, serve their colonial “masters,” and help him to rule the same “natives.” The proverbial “Food for the slave” is relevant here; and as the saying goes, “it is not given to provide the slave nourishment or enhance good growth, but to provide just enough energy to keep on serving the malevolent master.” Such is the unfortunate paradigm that captures the essence of colonial education in which the lingua franca of the indigenous learner is not only backgrounded but altogether demonized in some cases. Otherwise, how else could the common warning in the typical colonial classroom “Vernacular speaking is prohibited”? The so-called “vernacular” in question is the Yoruba language!

Truth’s dialectical role: from friction to tension

ABSTRACT This paper contrasts two versions of a pragmatist critique of deflationism about truth. According to the critique, understanding the practice of factual discourse requires understanding a role played in that practice by speakers’ use of the concept of truth. Huw Price takes this role to lie in the expression of attitudes of approval and disapproval toward other speakers’ assertions. Proceeding from Robert Brandom’s analysis of assertion, I defend an alternative account of truth’s role in terms of the acknowledgement and disacknowledgement of communicative authority. I explain why this account fails to yield Price’s key anti-deflationary conclusion, namely that engaging in factual discourse requires holding that false assertions are ipso facto normatively incorrect.

LUTA POR RECONHECIMENTO, COMISSÃO NACIONAL DA VERDADE E MEMÓRIA COLETIVA

The main objective of our research is to analyze the correlation between the struggle for recognition, the National Truth Commission – CNV (2012 - 2014) and collective memory. To achieve our goal, we propose to analyze memory from collective and social struggles evoking collective memory within an intersubjective relationship that involves disputes, negotiations, manipulations and forgetting. It is important to emphasize that the theoretical framework of our work is supported by the debate around the struggles for recognition. Therefore, we will verify, from Axel Honneth, the moral grammar of the struggles around this reciprocal recognition and how this dynamic happens in current social practices and, ipso facto, we intend to articulate the discussion of the communication paradigm with collective memory.

The promise and perils of regulating ipso facto clauses

AbstractIt is common for contracts to include a clause that provides that on an event of default the counterparty has an unconditional right to terminate the contract or accelerate payment (an ipso facto clause). The regulation of ipso facto clauses has become a topic of debate in recent years with a number of jurisdictions introducing constraints on such clauses as part of broader restructuring reform packages. These jurisdictions include Germany in 2021 (as part of its implementation of the EU Restructuring Directive) and the United Kingdom in 2020. For jurisdictions introducing such constraints for the first time, there is much to learn from those, such as Canada, that have had constraints on ipso facto clauses in place for much longer. This article examines the experience in Canada alongside the constraints introduced in the United Kingdom, the EU Restructuring Directive and Germany, and identifies a series of steps that policymakers should follow when revising a regime on ipso facto clauses. Although there are a number of common themes that emerge, it is clear that different jurisdictions often make quite distinct policy choices regarding the rationale for any constraints on ipso facto clauses as well as on the specific nature and scope of the provisions. Different jurisdictions find different points of balance between the interests of individual creditors in upholding their freedom of contract and the rights of the debtor and creditors as a whole in preserving the business as a going concern. The range of choices is not per se problematic as long as they are implemented with clarity and transparency, so that debtors and creditors can bargain ex ante in the light of any legislative provisions.

The Promise and Perils of Regulating Ipso Facto Clauses

It is common for contracts to include a clause which provides that on an event of default the counterparty has an unconditional right to terminate the contract or accelerate payment (an ipso facto clause). The regulation of ipso facto clauses has become a topic of debate in recent years with a number of jurisdictions introducing constraints on such clauses as part of broader restructuring reform packages. These jurisdictions include Germany in 2021 (as part of its implementation of the EU Restructuring Directive) and the UK in 2020. For jurisdictions introducing such constraints for the first time, there is much to learn from those, such as Canada, that have had constraints on ipso facto clauses in place for much longer. This article examines the experience in Canada alongside the constraints introduced in the UK, the EU Restructuring Directive and in Germany, and identifies a series of steps which policymakers should follow when revising a regime on ipso facto clauses. Although there are a number of common themes that emerge, it is clear that different jurisdictions often make quite distinct policy choices regarding the rationale for any constraints on ipso facto clauses as well as on the specific nature and scope of the provisions. Different jurisdictions find different points of balance between the interests of individual creditors in upholding their freedom of contract and the rights of the debtor and creditors as a whole in preserving the business as a going concern. The range of choices is not per se problematic as long as they are implemented with clarity and transparency, so that debtors and creditors can bargain ex ante in the light of any legislative provisions.

The influence of Wi-Fi range electromagnetic radiation on the parameters of the human’s heart variability

The issue of the effect of Wi Fi range (WFR) electromagnetic radiation (EMR) on the human’s body has recently become topical due to a considerable growth of the abundance and exposition of this factor. The energy evaluation of the influence is a complicated task due to the phenomenon of superposition of multitude Wi Fi sources, effecting humans simultaneously. The paper studies the effect of the Wi Fi source’s electromagnetic radiation on the cardiovascu lar and vegetative nervous systems of the human. The effect of the WFR electromagnetic radiation, being expressed by the reliable change in the parameters of the heart rate variability (HRV), on the cardiovascular system state was studied. The results the reliable influence of WFR on the HRV parameters on the background of the psycho emotional load was exposed; the HRV parameters included the mode (Mo), an average heart rate (HR) and the coefficient of the variation (CV). The changes of the indicator of the regulation processes’ adequacy demonstrate regulatory mechanisms’ decentralization under the complex influence of factors. The index of the regulatory systems’ tension increases during the combined influence of WFR and psycho emotional load, ipso facto, v iolating the adequate regulatory reaction of the body towards the decrease of the adaptive abilities.

The Case for Amendment of Section 665 Cama 2020 and for Unenforceability of Ipso Facto Clauses in Nigeria

Until recently, Nigeria did not have a robust Corporate Insolvency law regime. Fortunately, efforts were made recently to broaden the country’s Insolvency law with the enactment of the Companies and Allied Matters Act, 2020 (“CAMA 2020”). CAMA 2020 is essentially an amendment of the Companies and Allied Matters Act, 1990 (“CAMA 1990”) and is designed to update Nigeria’s Corporate and Insolvency law in conformance with global best practices. How well the Insolvency law provisions introduced by CAMA 2020 align with global best practices and whether they go far enough in addressing current insolvency problems in Nigeria remain to be seen. However, there is no denying the fact that the Insolvency provisions in CAMA 2020 are a significant upgrade of the rudimentary insolvency rules contained in CAMA 1990. One of the novel insolvency rules introduced in Nigeria by CAMA 2020 is contained in section 665 of the Act. Section 665(2) forbids a supplier of certain essential supplies (namely: water, gas, electricity and communication services) from making the provision of such essential supplies conditional on payment of outstanding charges owed the supplier by an insolvent company. The prohibition applies only where an insolvent company owes the supplier charges on supplies made to the insolvent company before the insolvent company entered administration or before it went into liquidation or before a voluntary arrangement took effect with respect to the said company or before a provisional liquidator was appointed (“pre-insolvency debt”). Section 665(2)(a) however permits a supplier of the above-mentioned essential supplies to make it a condition for the supply of the above-mentioned utility services to an insolvent company that the officeholder personally guarantees the payment for the supply of the above-mentioned utility services . As I will explain in greater depth in paragraph 2.1 of this paper, Section 665 is designed to prevent creditors who provide essential goods and services to insolvent companies from undermining efforts to restore insolvent companies to profitable trading. It is also designed to prevent creditors who provide essential goods and services to insolvent companies from jumping ahead of the queue to get paid by the insolvent before other creditors in breach of the law. I will argue in this paper that section 665 is deficient and may well be incapable of achieving its intended objectives. I will further contend that there ought to be a provision in CAMA 2020 that renders ipso facto clauses unenforceable. I will also make the case that the narrow scope of section 665 and the lack of a provision in CAMA 2020 which would make ipso facto clauses unenforceable are not in sync with modern trends in corporate insolvency law in other common law jurisdictions like the U.K, Australia, Canada, Singapore and the U.S

Assessment of QTc and Risk of Torsades de Pointes in Ventricular Conduction Delay and Pacing: A Review of the Literature and Call to Action.

Assessment of the heart rate-corrected QT-interval on the 12-lead electrocardiogram when prescribing medications known to increase the risk of Torsades de Pointes has become a common part of consultation-liaison psychiatry practice. Highlighted by a patient who experienced psychiatric decompensation due to inaccurate interpretation of QTc prolongation in the setting of a wide QRS complex, we aimed to describe the approach to QTc interpretation in patients with ventricular conduction delay. We reviewed the current literature on the approach to assessment of prolonged repolarization in patients with ventricular conduction delay due to bundle branch block (BBB) and ventricular pacing. Physicians of any specialty may perform initial electrocardiogram interpretation and should be proficient in the definition, recognition, and understanding of the basic pathophysiology of electrocardiographic abnormalities. We discuss current approaches to assessment of the QT-interval in patients with a wide QRS complex due to bundle branch block and ventricular pacing, including bivariate QTc modification, univariate QT-interval modifications, and use of the JT-interval. The QT-interval is prolonged ipso facto in patients with a wide QRS complex from ventricular conduction delay/ventricular pacing and must be adjusted for QRS duration. Multiple formulae have been proposed to account for wide QRS complex in this setting with no single universally accepted methodology. We suggest the use of either the Bogossian formula or JT-interval followed by Hodges or Framingham heart-rate correction to adjust for a wide QRS complex. It is critical that the C-L psychiatrist be able to identify a wide QRS complex on the electrocardiogram, understand implications for accurate assessment of prolonged depolarization, and apply an appropriate correction methodology.

Mechanisms of attaining the objectives of criminal procedure on preservation of victims’ rights, freedoms and legitimate interests and prevention of secondary victimization in pre-trial investigation

The study is devoted to the issue of legal mechanism of attaining the objectives of criminal procedure on preservation of victims’ rights, freedoms and legitimate interests and prevention of secondary victimization in pre-trial proceedings (initiation of criminal proceedings and pre-trial investigation). This mechanism is composed of the procedure of legal entitlement of a harmed person with procedural status of victim, which provides the opportunity to participate sub actively in criminal process and to take advantages from corresponding legal guarantees in the process; the procedure for providing victims with a written acknowledgement of their formal complaint by criminal justice system officials that ensures that victim’s claim on the assumption that he or she has suffered some sort of harm as a direct result of criminal offense had been committed, is considered as true and simultaneously is examined by providing pre-trial investigation; ensuring that victims have been provided with the opportunity to receive preservation and protection of their violated procedural rights, in particular by providing access to challenge in court in pre-trial investigation processdecisions, actions or actions of investigator, inquirer, prosecutor or investigating judge. The author states that the Criminal Procedural Code of Ukraine prescribe that entitling of a harmed person with victim status is made through autodynamic procedure and that the Code purposely does not lie the burden of proof for attest suffered harm on the victim, which he or she proclaimed in a complaint. The common legal Presumption of Integrity and good faith of the person is embodied in mentioned legal provision and, as the author pointed out, have led to the obligation of competent officers to use an Anticipatory Trust Doctrine in resolving the issue of deprivation of the procedural status of the victim. The burden of proof for absence of harm is lied on investigator or prosecutor according to the author’s interpretation of Part 5 Art. 55 of the Criminal Procedural Code of Ukraine. The Code purposely does not provide the procedure for deprivation of the procedural status of victim in the stage of Trial too. Court order of investigating judge on the cancellation of the prosecutor's decision on deprivation of the procedural status of victim, ipso facto, entitling the complainant with victim status, as it restores the normative provision of first paragraph of Part 2 Art. 55 of the Criminal Procedural Code of Ukraine. The author analyzed nationwide statistic of court orders of investigating judge in two-last-years period and concluded that, on the one hand, the harmed persons often believe that their procedural rights are violated or ignored in pre-trial proceedings (at the initiation of criminal proceedings and in pre-trial investigation), which is leading to increased risks of secondary victimization; on the other hand, the rates of satisfaction of victims' complaints by the investigating judge are high, which proves the effectiveness of the institution of challenging in correcting mistakes that were committed earlier. Keywords: secondary victimization, objectives of criminal procedure, victim, harmed person, anticipatory trust doctrine, presumption of victims’ integrity, preservation of rights, freedoms and legitimate interests of victims, legal entitlement with status of the victim, acquisition of the status of the victim, deprivation of the procedural status of victim, refusal to recognize the victim, challenging in pre-trial investigation.

The Prototypical Meaning of the Verb Κηρυσσειν (to proclaim) in the Gospel of Mark and its Relation to Κηρυσσειν in Homer, Septuagint, and Josephus

Most scholars seem to purport a very “general” meaning of the verb κηρύσσειν. Often, the meanings are coined as hypernyms: “to herald,” “to proclaim,” “to broadcast,” “to announce” or “to preach.” Ipso facto, they fail to capture the specific meanings within their contexts— a word that is used within its clausal/ discourse construction activates a meaning potential that may or may not reflect the full “general” idea of the word. As such, modern linguists purport the difficulty to arrive at specific definitions for words. Given this dilemma, the concept of prototype emerges unto the linguistic stage with the potentials to resolve the problem. Using prototype as an approach to find meanings, the objective is to find the best representation of a word, object, or concept (under consideration) within a given category, context, or pericope. On this basis, the research has employed this approach to the verb κηρύσσειν in the Gospel of Mark which resulted in the prototypical meaning: Followers or beneficiaries of Jesus’s deeds, publicly transmitting information about good deeds that have been performed by Jesus for the benefit of humans. In relation to the meanings in Homer, Septuagint, and Josephus, the results showed considerable differences, along with few similarities. Therefore, the approach and results of this research contribute in a more comprehensive and in a significant manner to our understanding of the verb Κηρύσσειν in Mark’s Gospel.

Human Rights and Resort to Force: Introduction to the Symposium

Abstract While the relationship between the jus in bello and international human rights law has been the subject of considerable debate, less attention has been paid to the relationship between the jus ad bellum and human rights. The United Nations Human Rights Committee’s General Comment 36 on the right to life, adopted on 30 October 2018, brought these questions to the fore with the Committee’s pronouncement that ‘States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant’. The contributions in this Symposium assess three ways of viewing the relationship between the protection of human rights and resort to force. First, the suggestion that resort to force in violation of the jus ad bellum will amount to a violation of the right to life is explored. Second, some contributions examine different arguments as to whether international law permits, justifies or excuses resort to force to protect human rights, and indeed whether it can change to permit such. Third, one contribution examines whether the crime of aggression, as defined in the ICC Statute, covers resort to force to protect human rights.

Promotion of group restructuring and cross-entity liability arrangements

ABSTRACT Modern enterprises often operate as interconnected groups of companies. This is facilitated by various cross-entity liability arrangements, which aim at risk mitigation and control, and may contribute to the reduced agency cost of debt. However, they pierce limited liability (cross-guarantees) or impose correlation between the fates of separate entities (intercompany cross-defaults and ipso facto clauses). They can promote group exposure and disincentivise debtors from taking early actions to avoid insolvency. This paper explores the tools that are embraced to address these problems to achieve group restructuring. They include restrictions of cross-entity ipso facto clauses and extension of enforcement stays to group entities. I examine the ex ante and ex post effects of group liability arrangements, make a comparative overview of national law responses and suggest recommendations to find a balanced approach to cross-entity liability arrangements, enhance the existing legal regimes and form the basis for future reforms of insolvency laws.

Pragmatism as Transcendental Philosophy, Part 2: Peirce on God and Personality

Pragmatism as Transcendental Philosophy, Part 2: Peirce on God and Personality