Bankrupting Terrorism: The Role of US Anti-terrorism Litigation in the Prevention of Terrorism and Other Hybrid Threats: A Legal Assessment and Outlook

Global terrorist networks are dependent on receiving financial support from a variety of sources, including individuals, charities and corporations. Also known as terrorist financing, the potential of terrorism finance to resemble a global threat has been recognised and also its closeness to other international crimes such as money laundering and organized crime. As a result, possible responses have to constitute co-ordinated, multi-lateral and multi faceted actions under the umbrella of a wide range of international stakeholders such as the United Nations Security Council and the Financial Action Task Force. Combating terrorism requires a ??holistic?? approach which allows for a mix of possible responses. Besides ??kinetic?? security operations (such as targeted killings) and the adoption of criminal prosecution measures another possible response could be the use of US styled transnational civil litigation by victims of terrorism against both, terrorist groups and their sponsors. Corporations, both profit and non profit, such as banks and other legal entities, as well as individuals, are often complicit in international terrorism in a role of aiders and abettors by providing financial assistance to the perpetrators (cf. UN Al-Qaida Sanctions List: The List established and maintained by the 1267 Committee with respect to individuals, groups, undertakings and other entities associated with Al-Qaida). Such collusion in acts of terrorism gains additional importance against the background of so called ??Hybrid Threats??, NATO??s new concept of identifying and countering new threats arising from multi-level threat scenarios. This article discusses the potential impact of US terrorism lawsuits for the global fight against terrorism.     

Analysis of the Second and Fourth Definitions of Mithy��tva in the Advaitasiddhi of Madhus��dana Sarasvat��

This paper is a preliminary analysis of two among the five definitions of falsity (mithy??tva) presented by Madhus??dana Sarasvat?? (MS) in his magnum opus, the Advaitasiddhi. It is mainly focused on the second and fourth definitions, which at first sight appear to be mere repetitions of one another. The first definition of falsity examined is Prak?????tman??s: ??falsity is the property of being the counter-positive of the absolute absence of an entity in the [same] locus in which it is perceived.?? The other definition investigated was first given by Citsukha: ??falsity is the property of being the counter-positive of the absolute absence residing in its own locus.?? The mutual differences among these two definitions will be underlined following MS himself, as well as some other authors of the later Advaita Ved??nta textual tradition.     

Is Dharmak��rti Grabbing the Rabbit by the Horns? A Reassessment of the Scope of Prameya in Dharmak��rtian Epistemology

This paper attempts to make sense of Dharmak??rti??s conflicting statements regarding the object of valid cognition (prameya) in various parts of his works, considering in particular the claims that (i) there are two kinds of prameyas (particulars and universals), (ii) the particular alone is prameya, and (iii) what is non-existent also qualifies as prameya. It inquires into the relationship between validity (pr??m???ya), reliability (avisa?v??da) and causal efficacy (arthakriy??) and suggests that the discussion on non-existent prameyas in Pram???avini?caya 3 provides an alternative to an overall ??practicalist?? reading of Dharmak??rti, practicalist in the sense that pram???as are primarily oriented toward human aims and hence bear on objects capable of fulfilling them through their causal capacities. Considering the views of Dharmak??rti??s interpreters, it shows how Dharmottara (8th c.), rejecting such an alternative, strives to reconcile claim (iii) with a practicalist interpretation, while Phya pa Chos kyi seng ge (12th c.) generalizes the application of a criterion of validity superseding an arthakriy??-oriented framework by bringing to the fore the notion of ??non-opposition?? (ab??dhana) introduced by Dharmak??rti with regard to non-existent prameyas and suprasensorial objects.     

When Internet protocols and legal provisions collide: Unauthorised access and Sierra v. Ritz

This case note article examines the unreported decision of a U.S. court in Sierra Corporate Design Inc. v. David Ritz (2007) District Court, County of Cass, State of North Dakota (File No. op-05-C-01660) which deals with the unauthorised use of a domain name system zone transfer. The court ruled that access was unauthorized given the defendant's intention to obtain and divulge information found in the zone transfer.     

Two Obscure Sanskrit Words Related to the C��rv��ka: pa?cagupta and ku??ak��?a

Two words, pañcagupta and ku??ak???a, are found in modern Sanskrit lexicons such as the ?abdakalpadruma, the V??caspatya, the Sanskrit-Wörterbuch, and A Sanskrit English Dictionary. They are said to signify the C??rv??ka philosophy and an expert in the C??rv??ka philosophy respectively. Both the words have been taken from some twelfth-century Sanskrit ko?as but no example of actual use is available. Nor do they occur in any earlier Sanskrit ko?a, such as the Amarako?a and the Hal??yudhako?a. The inference is that the words must have appeared in some late philosophical work that was critical of the materialist C??rv??ka system of philosophy and the ko?ak??ras found them in the same source.     

Law’s Cultural Project and the Claim to Universality or the Equivocalities of a Familiar Debate

Do our present circumstances allow us to defend a specific connection (that specific connection) between ?legal rules?, ?moral claims? and ?democratic principles? which we may say is granted by an unproblematic presupposition of universality or by an ?acultural? experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law??s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law??s constitutive cultural-civilizational originarium in a ?limit-situation? such as our own). The discussion is developed by recognising that the claim to universality is not only incompatible with a substantive conception of juridicalness as validity but also sustained with difficulty by a procedural representation of discourse and rationality (a representation which, against its own conclusion-claims, could also be said to be culturally and civilizationally bounded). Not forgetting some specific features of contemporary juridical pluralism??namely that which emerges from the counterpoint between semiotic groups or interpretative communities (and their differently assumed claims of intersemioticity concerning the signifier law)??this train of reflection diagnoses briefly a sequence of complementary main difficulties (as ?obstacles? to recognising Law??s demand as an unmistakable cultural project), namely those arising from the formalistic normativistic inheritance (confounding legal autonomy with isolationism), from the challenges and seductions of practical holism (justifying a continuum in which Law??s project loses its sense and autonomy), and also from the familiar debate between exclusive and inclusive versions of positivism and non-positivism (a debate which establishes-consecrates an equivocal counterpoint between Law and Morality).     

Aid, governance and corruption control: a critical assessment

If the OECD??s Development Co-operation Report for 2009 is correct in its claim that ??The international aid effort now adds up to less than the sum of its parts??, then continued rapid growth in aid transfers is likely to contribute to further aid absorption problems, as well as institutional atrophy and deteriorating governance and corruption control among aid recipients. This article considers aid for good governance and anti-corruption, using Tanzania as an example. ??The supply side of aid?? sketches the bigger picture in which such aid is located, stressing collective action problems facing the aid industry in the current period of growth and diversification. ??The consequences of aid proliferation on corruption control in an aid-dependent state?? provides some empirics from Tanzania. ??Conclusions: whither ??corruption control????? draws some conclusions for the future of aid for governance and corruption control. A key message is that donor-driven governance and corruption control initiatives have failed to address the governance weaknesses that excessive and uncoordinated aid has helped to create.     

Drugs,Guns and Rebellion: A Comparative Analysis of the Arms Procurement of Insurgent Groups in Colombia and Myanmar

Several insurgent groups have financed their arms procurement through drug trafficking, explaining in part the long duration of conflicts in drug producing countries. Incomes generated from this trade do not however automatically translate into improved military capabilities, since access to military-grade weapons typically requires tacit or active state support. Hence, two groups with similar types of funding can still have access to very different types of armaments, impacting their operational capability. This paper compares the arms procurement of the Fuerzas Armadas Revolucionarias de Colombia (FARC) and the United Wa State Army (UWSA) in Myanmar. Both insurgent groups have procured arms through networks and with finances from the drug trade. The UWSA's 20,000-strong force and significant armaments, including Man-portable air defense systems (MANPADS) believed to be provided by China, is largely supported by these illicit activities and the networks they provide. FARC has ample access to small arms, the acquisition of which has been financed by taxation of the drug trade. In spite of significant incomes, FARC however until very recently lacked access to MANPADS, a fact which has significantly hampered its ability to withstand the Colombian counterinsurgency campaign, specifically targeted aerial assaults. The exploratory comparisons drawn in this paper offer insights into how insurgent groups can pass a crucial threshold of arms procurement, funded by illicit activities, that renders their dissolution far more difficult, while also highlighting the continued importance of state support in explaining rebel group resilience.     

S��tmaka, Nair��tmya, and A-Nair��tmya: Dharmak��rti��s Counter-Argument Against the Proof of ��tman

??tman (soul) and Nair??tmya (no soul) are, for the Brahmanical schools and the Buddhists respectively, equally fundamental tenets which neither side can concede to the other. Among the 16 formulations presented by Uddyotakara, the fifteenth, which is a proof of ??tman and is originally an indirect proof (av??ta/??v??ta), is presented in a prasa?ga-style, and contains double negation (na nair??tmyam) in the thesis. However, it is perhaps Dharmak??rti who first transformed it into a normal style (s??tmakam). He is well aware of the law of excluded middle, and insisits that the negation is paryud??sa. On the Ny??ya side, Uddyotakara at least seems to be unaware of the law of the logical equivalence of contraposition concerning pervasion (vy??pti). After Uddyotakara, however, Vyoman (Vyoma?iva), Bh??sarvajña and V??caspatimi?ra, all seem to be well aware of it. Dharmak??rti, in his conter-argument against the proof of ??tman, discusses the negative expressions ????nair??tmya?? and ????a-nair??tmya?? Dharmak??rti here uses two logical arguments skillfully and tactically. As a critic of both the authenticity of the Veda and the existence of ??tman, he insists on the theory of dichotomy and the equivalence of anvaya and vyatireka, whereas as an apologist he denies the application of these theories to the relation between the existence of ??tman and the concept of nair??tmya, because for him as a Buddhist the latter is not a negative but essentially positive state of affairs.     

Svabhāvavāda and the Cārvāka/Lokāyata: A Historical Overview

svabh??va (own being) and yad?chh?? (chance, accident) are named as two different claimants among others as the first cause (jagatk??ra?a) in the ?vUp. But in later works, such as A?vagho?a??s poems, svabh??va is synonymous with yad?chh?? and entails a passive attitude to life. Later still, svabh??va is said to be inhering in the Lok??yata materialist system, although in which sense??cosmic order or accident??is not always clearly mentioned. Svabh??va is also a part of the S???khya doctrine and is mentioned in the medical compilations. It is proposed that the idea of svabh??va as cosmic order became a part of Lok??yata between the sixth and the eighth century ce and got widely accepted by the tenth century, so much so that in the fourteenth century S??ya?a-M??dhava aka Vidy??ra?ya could categorically declare that the C??rv??ka/Lok??yata upheld causality, not chance. But the other meaning of svabh??va, identical with yad?chh??, continued to circulate along with k??la, time, which was originally another claimant for the title of the first cause and similarly had acquired several significations in course of time. Both significations of svabh??va continued to be employed by later writers, and came to be used in another domain, that of daiva (fate) vis-à-vis puru?ak??ra (manliness or human endeavour).     

A Genre-based Approach to the Translation of Private Normative Texts in Legal English and Legal Spanish

This paper aims at clarifying some of the most common issues that legal translators have to face when dealing with the translation of private normative texts, such as contracts or wills, which naturally emerge as the consequence and expression of legal or juristic acts in the scope of private law, in Spanish and English. To comprehend the differences and subtleties regarding legal communication between the common law and the continental law countries (specifically the United States and Spain, respectively), we must unveil some essential clues for their translation and application in the global scope of professional interactions, thus creating a process of inter-legal communication, which takes place through the mutual interpretation and application of two, or more, legal traditions. Through the deployment of a generic or pragmatic analysis at textual or discursive and formal or superficial, strata, of two types of genre within the domain of private law (namely wills and tenancy agreements, or leases) this work aims to prove that both the civil law and the common law private instruments are translatable with respect to each other. An important proviso, however, is that their legal traditions and the genres that constitute the communicative tools of their specialised communities must be duly respected and kept in equilibrium, so that one does not overshadow and obliterate the other. Only in that way can the ??convergence?? of the two traditions truly enrich and strengthen national and international legal culture.     

��Ap��rva,�� ��Devat��,�� and ��Svarga��: Arguments on Words Denoting Imperceptible Objects

We cannot directly perceive and experience objects of words such as ??ap??rva?? ??devat??,?? and ??svarga,?? while objects of words such as ??cow?? and ??horse?? are perceptible. Therefore in the Indian linguistic context, some assert that there are two categories of words. However, a grammarian philosopher Bhart?hari (450 CE) in the second book of his V??kyapad??ya, introduces a verse stating that there is no difference between them. Other Indian thinkers as well deal with this issue in various contexts. This paper aims at exploring the ideas expressed in Bhart?hari??s verse and the related arguments found in other treatises of different schools. It consists of discussions of the followingt: (1) Bhart?hari??s V??kyapad??ya 2.119 and its commentarial texts; (2) Kum??rila??s Criticism; (3) The Ny??ya context; (4) The S???khya and the Buddhist context; (5) Related grammatical passages and the background of the V??kyapad??ya 2.119; and (6) Conclusion.     

Bullying prevention programs: the importance of peer intervention, disciplinary methods and age variations

Objectives

The aim of this paper is to respond to the commentary of Peter K. Smith, Christina Salmivalli, and Helen Cowie (Journal of Experimental Criminology, 2012), who raise concerns regarding some of the findings of our systematic review and meta-analyses on the effectiveness of bullying prevention programs. They target three findings in particular: (1) the significant association of ??Work with Peers?? with greater victimization; (2) the significant association of ??Disciplinary Methods?? with less bullying perpetration and victimization; and (3) the age variations in effectiveness, suggesting larger effect sizes for older age students.

Methods

We provide explicit information and further detailed analyses on the relationship between these features and effect sizes, including heterogeneity tests and results from weighted regression analyses. For one element in particular (work with peers), we present further research findings from evaluations conducted by Smith, Salmivalli, and Cowie (and also findings from other independent researchers) which support our previous findings. New within-program analyses to examine variations in effect sizes with the age of the students are also presented.

Results

Evaluations conducted by Smith, Salmivalli and Cowie (and by other independent researchers) indicate the same research conclusions: although peer support schemes appear effective based on attitudinal surveys, these schemes are not related to actual levels of bullying or victimization and, in fact, are quite often related to an increase in bullying and victimization. Our definition of ??disciplinary methods?? did not include the zero-tolerance approach or any type of harsh discipline as suggested in the commentary. In all relevant cases, ??disciplinary methods?? included sanctions within a warm and loving framework, following the Olweus bullying prevention guidelines. While most programs that utilized firm disciplinary methods were inspired by Olweus, the relationship between disciplinary methods and less victimization was not driven by the Olweus program (which was not related to the victimization effect size). Larger effect sizes (i.e. reductions in bullying and victimization) for programs implemented with older students is a robust result also found in a more recent systematic review regarding the effects of anti-bullying programs on bystander intervention. In within-program analyses, most results suggested that effect sizes were greater for younger students, but these results were driven by the less controlled evaluations. The most controlled evaluation (randomized experiment) provided the opposite result.

Conclusions

More research is clearly needed on the effectiveness of bullying prevention programs with students of different ages, and we also recommend randomized experiments to assess the importance of different intervention components.     

The return of public investment in telecommunications: Assessing the early challenges of the national broadband network policy in Australia

Against a current trend of investing in the next generation networks (NGNs) by using public funds, the Australian government has initiated a so-called National Broadband Network (NBN) project to invest up to AUD$36 billion tax payer's money on building a national wide fibre broadband network aiming to cover 93 per cent Australian by 2020. As being the most costly infrastructure-building project in Australian history, the NBN project promises to deliver super-fast broadband services, create jobs and promote the country's economy at large. This article will critically analyse the NBN project in Australia and highlight the challenges that are coming alone at this early stage of the deployment, so the Australia's experience of pubic investment in broadband networks can be shared and lessons can be learnt.     

Lak?a?�� as Inference

This paper questions a few assumptions of Ga?ge?a Up??dhy??ya??s theory of ordinary verbal cognition (laukika-???bdabodha). The meaning relation (v?tti) is of two kinds: ?akti (which gives us the primary referent of a word) and lak?a??? (which yields the secondary referent). For Ga?ge?a, the ground (b??ja) of lak?a??? is a sort of inexplicability (anupapatti) pertaining to the composition (anvaya) of word-meanings. In this connection, one notices that the case of lak?a??? is quite similar to that of one variety of postulation, namely, ?rut??rt??th??patti, where the subject hears only a part of a sentence and immediately grasps the words that are needed to render the sentential meaning complete. Unless he does that, sentential meaning, i.e., the composition (anvaya) of word-meanings shall suffer from the same inexplicability that characterizes instances of lak?a???. In fact, in the ???aktiv??da?? section of Tattvacint??ma?i, Ga?ge?a himself draws a parallel between the cognition of sentential meaning in a ?rut??rth??patti-like case and the cognition of sentential meaning in an instance of lak?a???. However, Ga?gesa himself treats ?rut??rth??patti as a piece of inferential cognition. If there is no fundamental difference between cases of ?rut??rth??patti and cases of lak?a???, then the cognition of sentential meaning in instances of lak?a??? must also be inferential in essence. In that case, we must admit, against Ga?ge?a??s view, that such cognition of sentential meaning cannot be accommodated within the framework of verbal cognition (???bdabodha). Therefore, I conclude that some revision is needed in Ga?ge?a??s theory of verbal cognition with respect to lak?a???.     

Data Theft? Cybercrime and the Increasing Criminalization of Access to Data

The use of computers in the commission of crime, so-called ??cybercrime??, presents a considerable challenge to law enforcement. Central to the prosecution of cybercrime is the offence of unauthorised access to a computer, or ??hacking??. Originally conceived of as analogous to trespass, the trend in some jurisdictions has been toward punishing access to computer data per se. This issue also arises under the Council of Europe Convention on Cybercrime which criminalizes ??offences against the confidentiality, integrity and availability of computer data and systems??. As the criminal law traditionally provides protection only to limited forms of information, the increasing use of the criminal law to protect computer data therefore confers on it a status not enjoyed by information stored in other forms. Drawing upon the laws of Australia, the United Kingdom and the United States, this article explores the increasing criminalization of access to computer data. It describes the evolution of cybercrime laws and considers ways in which problems of over breadth may be avoided. Questions will also be raised as to the appropriate role of the criminal law in protecting information.     

Innovation in Seventeenth Century Grammatical Philosophy: Appearance or Reality?

This paper argues that the grammarians Bha??oji Dīk?ita and Kau??a Bha??a did innovate in the realm of grammatical philosophy, without however admitting or perhaps even knowing it. Their most important innovation is the reinterpretation of the spho?a. For reasons linked to new developments in sentence interpretation (?ābdabodha), in their hands the spho?a became a semantic rather that an ontological entity.     

The European Union--law, financial institutions and the banking crisis

The first 150 words of the full text of this article appear below. Key points

• Law created by European Institutions affects businessin all areas, none more so than in the financial sector, asthe recent financial crisis has thrown into sharp relief. Notonly the Directives that shape regulation of financial businesses(outside the scope of this article), but some provisions ofthe Treaty, Directives, Regulations and Decisions affect theability of banks to do business, in their dealings with States,as well as in their dealings with commercial customers and eachother.
• Key in the financial crisis have been the Treaty ruleson State aid: these have affected the ability of States to assistfinancial institutions in difficulty and the manner in whichthey give assistance; the recognition of the global financialcrisis as creating a disturbance in the economy of many MemberStates has been central to the swift approval of rescue aidin accordance with new guidance, while reconstruction . . . [Full Text of this Article]