The Arguments from Coherence: Analysis and Evaluation

In this article, the theory of argumentation set out by theDutch scholars Frans van Eemeren and Rob Grootendorst is broughtto bear in subjecting the general form of the argument fromcoherence to a critical analysis. First, a distinction is broughtout between two basic kinds of argument from coherence: in oneuse this argumentative structure occurs as a sequence of twoarguments establishing that a standpoint constitutes a particularinstantiation or a inherent quality of the system it will becomepart of (symptomatic argument); in the other use we have a mainsymptomatic argument supported by a subordinate argument appealingto instrumental considerations (pragmatic argument). It is thenclaimed that arguments from coherence are complex types of argumentation,structured at various argumentative levels, where the premisesmust be taken together to yield an adequate defence of the conclusion(coordinative argumentation). Finally, an evaluative assessmentis made as to whether arguments from coherence can serve acceptablyas tools for settling disputes: it will be maintained that wecan generally welcome these argumentative structures as soundand fully acceptable provided we are aware of the interpretivediscretion their use entails.     

Eric W. Orts and Kurt Deketelaere (eds.) 2001. Environmental Contracts: Comparative Approaches to Regulatory Innovation in the United States and Europe. The Hague: Kluwer Law.

International Environmental Agreements: Politics, Law and Economics -     

The implementation of the EU Transparency Obligations Directive--a country-by-country analysis

Dr Axel Gehringer Hengeler Mueller Stefano Cuccia Head of Market Supervision, TLX, Milan David Byers McCann FitzGerald, Solicitors, Dublin Henri Wagner and Anne-Marie Thomas Allen & Overy, Luxembourg Petra Zijp and Matthieu van Straaten NautaDutilh NV, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.

The experience of stress for correction officers: A double-bind theory of correctional stress

This study investigated the experience of stress for 143 mostly male New Jersey correction officers, including officers from both state and county, of all ranks, and with varying lengths of service. Each filled in a questionnaire eliciting information regarding perceptions of stress in themselves and others, situational and temporal experience of correctional stress, consequences in terms of physical health, emotional and interpersonal relations, and job performance, perceptions of sources of correctional stress, and coping techniques utilized. While objective indicators such as physical illnesses and high divorce rates suggested that the job was indeed a stressful one, the correction officers presented a tough, “macho” image, denying their stress and its consequences, although they were more willing to report stress-related problems in their fellow workers. While they identified officer-inmate interaction as their major situation of stress, they attributed their problems in this area to administrative malfunctions which place them in a classic double-bind predicament in relation to rule enforcement. Their powerlessness in this situation is rendered especially stressful by the macho working personality which the job requires of them.     

American military presence in Europe

Despite the efforts put into negotiations, they have created a self-perpetuating cycle of disappointment, frustration and empty dialogue. With contradictory Palestinian and Israeli agendas – Palestinians negotiating for an independent state, an end to occupation, etc., and Israel negotiating primarily over security concerns – one must question the reason behind prolonged negotiations. Is US mediation, accused by many of extreme bias towards Israel, to blame? Or are negotiations an Israeli objective to execute a particular political agenda? In spite of the international community's recognition of establishing an independent Palestinian state, the current reality on the ground undermines any creation of one. This reality was allowed only by the strategic prolonging of negotiations. A particular focus on the proceedings following the Oslo Accords explains how Palestinian--Israeli negotiations have been used to pursue a specific objective.     

Italy's Mediterranean role

ABSTRACT

Three main drivers underlie states’ intent to expand gas supply: energy security, geopolitics and climate goals. Such considerations also drive Greece’s expansive gas policy, but come with significant caveats. First, pipeline politics entails geopolitical costs and inflated anticipated gains. Second, while gas supply has yielded energy security for Greece, its cost-effectiveness is contentious. Third, the gas option obscures the transition to smart, clean energy sources and systems. A rational actor model within a rationalist-weak cognitivist framework can account for Greece’s gas policy. Yet, its limited success points to the need for a clean energy policy promising higher climate, energy and geopolitical gains.     

A review of the evolution and state of transboundary freshwater treaties

Internationally shared basins supply 60 % of global freshwater supply, are home to about 1/3 of the world’s population, and are focal points for interstate conflict and, as importantly, cooperation. To manage these waters, states have developed a large set of formal treaties, but until now these treaties have been difficult to access and systematically assess. This paper presents and makes publicly available the assembly and organization of the largest known collection of transboundary water agreements in existence. We apply for the first time a “lineage” concept to differentiate between independent agreements and groups of legally related texts, spatially reference the texts to a global basin database, and identify agreement purposes, goals and a variety of content areas. The 688 agreements identified were signed between 1820 and 2007 and constitute 250 independent treaties which apply to 113 basins. While the scope and content varies widely, these treaties nominally govern almost 70 % of the world’s transboundary basin area. In terms of content, treaties have shifted from an earlier focus on regulation and development of water resources to the management of resources and the setting of frameworks for that management. While “traditional” issues such as hydropower, water allocation and irrigation are still important, the environment is now the most commonly mentioned issue in treaty texts. Treaties are also increasingly likely to include data and information sharing provisions, have conflict resolution mechanisms, and include mechanisms for participation beyond traditional nation-state actors. Generalizing, treaties have become more comprehensive over time, both in the issues they address and the tools they use to manage those issues cooperatively.     

The implementation of the EU Prospectus Directive - a country-by-country analysis

Dr. Axel Gehringer HengelerMueller David Byers McCann FitzGerald, Solicitors, Dublin, Ireland Stefano Cuccia Head of Regulation, TLX, Milan Henri Wagner Allen and Overy, Luxembourg Petra Zijp NautaDutilh, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.