Using Private-Public Linkages to Regulate Environmental Conflicts: The Case of International Construction Contracts

The article takes a pluralistic view of the 'trade-environment' conflict by exploring one of the settings of this conflict: the lex constructionis – international construction law. It seeks to unravel the way in which the unique structural-cultural attributes of this legal domain have affected its environmental (in)sensitivity. The article's main argument in that context is that the contractual tradition of the lex constructionis (as manifested in the standard contracts that dominate this field) and its unique institutional structure, have created a culture of ecological indifference. This culture has important practical consequences because of the deep ecological problematic of international construction projects. The article develops an alternative contractual model, which depicts the construction contract as a semi-political mechanism, rather than a private tool. This conceptual change seeks to break the public/private separation that characterizes the contractual discourse in the international construction market. The article explores, further, whether this alternative contractual vision could be realized in practice, and proposes several implementing modules which could further this goal. While the article explores a particular international regime, its methodology and conclusions – in particular, the political-constitutional interpretation of the contract and the critique of the public/private dichotomy (see sections III.3 and III.4) – should be relevant to the regulation of many other (national or international) environmental dilemmas.     

The Network of Law Reviews: Citation Cartels,Scientific Communities,and Journal Rankings

Research evaluation is increasingly influenced by quantitative data. We focus on the influential Web of Science Journal Citation Reports (JCR) ranking of law journals and critically assess its methodology. In particular, we consider the existence and impact of a tacit citation cartel between US law reviews. A study of 45 US student‐edited (SE) and 45 peer‐reviewed (PR) journals included in the category of Law in the JCR revealed that PR and SE journals are more inclined to cite members of their own class and that this phenomenon is more pronounced in SE generalist journals, reflecting tacit cartelistic behavior generated by deeply entrenched institutional practices. Because US SE journals produce more citations than PR journals, the fact that their citations are directed almost exclusively to SE journals elevates their scores and distorts the journals' ranking and can consequently undermine the flow and creation of ideas. We discuss policy measures that can counter the adverse effects of this situation.     

The Gravity of Steering, the Grace of Gliding and the Primordiality of Presencing Place: Reflections on Truthfulness, Worlding, Seeing, Saying and Showing in Practical Reasoning and Law

This article reflects on the received view of the rupture which constitutes the beginning of a critical, ethical, political and legal opening, the understanding of which inhabits the cry of, and response to, injustice. It takes the very critique that feeds into, and is distorted by, practical reasoning, as its point of departure. Grasping this rupture as the complementary relation between deconstruction and radical alterity, would entail unreflectively accepting a certain kind of truthfulness—truthfulness as [in]correctness, manifesting in a relationship that involves rootless and controlling movement of making and unmaking of world. In closely reading Wittgenstein and Heidegger on the level of seeing, showing and saying, truthfulness is shown to contain an essential tension between, on the one hand, the Socratic, metaphysically-bound notion of beingness, correctness and meaning-steering and, on the other hand, the pre-Socratic notion of unconcealment (a-lethia), which, pointing even earlier than pre-Socratics into aboriginality, involves attentive letting of gliding in the inexpressible saying of language. While steering is about generating new possibilities of expressibility, gliding is about poetic dwelling, or enduring inexpressibility as a constitutive part of saying. Although aletheia is taken to be the key influence on rootless post-foundational thinking, it is argued that unconcealment involves letting and enduring the presencing inexpressibility of place and home-coming, that is, worlding-rootedness; thus showing Heidegger’s originary politics as the district of the uncanny to be about worlding that attentively lets the presencing inexpressibility of earth be as place. In reading Heidegger’s views on humanism, beginning and language, the argument links inexpressibility—essentially and historically—to the grasping of the belongingness together of world, earth and place, viewing this belongingness as key to both the saying of art and of mortals dwelling together temporally, spatially, materially in a manner always strange to, and nearer than, the steering/controlling of beingness, time, space and place that the very gesture and emergence of critique is captive of and is not capable of attuning to and capturing. Art always estranges the metaphysical cycle of correctness which preserves pain and suffering—a cycle that inhabits a double bind of responding to violence and injustice generated by the violence of metaphysics with metaphysical violence and justice. In showing essential strife within truthfulness itself, Heidegger points to even greater and earlier problematic than the pre-Socratics—to the painful core of inexpressibility between the ontology of steering time, spaces and material—steering places—and the gliding temporality, spatiality and materiality of ontology of place.     

The role of MI6 in Egypt’s decision to go to war against Israel in May 1948

David Ben-Gurion, the founder of the State of Israel, repeatedly accused Britain of provoking the Arab states to invade Israel the day after its establishment in May 1948. To date, historians have not found proof of his accusations in British archives. However, evidence may be found in French archives, especially in Syrian and secret British documents obtained by the French secret services, originating from agents who had infiltrated the Syrian government in Damascus and the British Legation in Beirut. This article, based on French, Syrian, Israeli and British sources, argues that under the Labour government, Arabist MI6 officers in the Middle East, in collaboration with the British High Command in Cairo, pursued an alternative policy to that of the Foreign Office. They provoked Egypt’s King Faruq to go to war against Israel without the knowledge or approval of either Prime Minister Clement Attlee or Foreign Secretary Ernest Bevin, frequently misinforming and misleading them. This watershed research provides details of the goals and modus operandi of those involved in that clandestine plot.