Search

Higher education seems to be in a perpetual state of 'crisis'. The many hundreds of books and papers containing this specific, or other relevantly similar expressions, convey a sense of fear and angst. Yet, what are these various crises about, and which values and beliefs are seen as threatened or 'under attack'? This paper will provide an analysis of the 'crisis' literature and identify four major crisis themes – massification, marketisation, restitution and geopolitics, linked to their ideological basis and influences—including meritocracy, liberalism, restorative justice, and justice globalism. The second part of the paper analyses the massification crisis in Britain between the 1940s and the 1970s as a case example identifying how the principles of a meritocratic society played an influential role in the debate. It will be argued that the notion of 'universities in crisis' needs to be understood critically in terms of ideology and historically via the shifting and reshaping of such beliefs over time. [ABSTRACT FROM AUTHOR]

The restitution of colonial cultural property, which is currently the subject of much debate in Europe, raises several challenges. At first glance, it requires recognizing the injustices associated with coloniality itself and determining how restitution can occur. This requires an in-depth understanding of certain aspects that are particularly challenging, for example, the complexities related to the ways in which provenance research is conceived and conducted or the role that human rights play in postcolonial contexts. At the heart of such debates seems to be the need for legal reforms and greater respect for the interests and rights of the communities of origin. Taking into account the Latin American context, this paper critically examines how colonial cultural property restitution policies in some European countries have attempted to address some fundamental aspects underlying the consideration of the Indigenous peoples involved but, at the same time, have overlooked other aspects. [ABSTRACT FROM AUTHOR]

The peculiarity of the Holocaust in Transcarpathia, also known as Subcarpathian Rus’, is that the process of segregation and extermination of most of the local Jewish population lasted only about seven months. Most Jews were not deported until 1944, and the region was liberated months earlier than in more western parts of Central Europe. Jewish survivors returned to this quasi-state territory amidst the process of its Soviet annexation, which put local Ukrainians at the top of the power hierarchy. This abrupt change in interethnic relations as a result of the genocide has not yet been studied. I therefore focus on the entangled interactions and post-war social history of Holocaust survivors. In this article, I explore the complex process of the restitution of real estate and personal property in rural and urban areas, focusing not only on the interim authorities at different administrative levels who coordinated the restitution and integration of survivors but mainly on Jewish survivors and their diverse agency. I argue that the social position of Jews in the immediate post-war period differed depending on the location. Anti-Jewish resentment among Ukrainians in villages manifested itself at the official level as the confiscation of Jewish property. At the same time, the Soviet authoritarian centralization of power ensured that destructive processes and conflicts in rural areas did not escalate into open confrontation and violence. Instead, in the urban space, the agency of the first survivors who returned to the cities contributed to successful restitution cases. Nevertheless, this was possible primarily through the close interaction and cooperation of the Jews with local authorities at the highest levels. [ABSTRACT FROM AUTHOR]

Objective: To investigate the role of protein kinase C (PKC) in action potential duration (APD) restitution and ventricular tachyarrhythmias (VAs). Methods and results: Rabbits hearts were isolated and prepared for Langendorff perfusion technique. The stimuli–extra‐stimulus (S1–S2) method and dynamic S1 pacing protocol were performed to construct APD restitution and to induce APD alternans or VA, respectively, at 10 sites throughout the ventricular chamber. Administration of phorbol‐12‐myristate‐13‐acetate (PMA) (100 nM) (n = 15) greatly steepened the restitution curves (Smax > 1) (p <.01) at each site compared to the control group (n = 15). Furthermore, treatment with PMA also induced larger spatial dispersions of Smax (p <.05) and decreased the thresholds of the VA and APD alternans (p <.01). However, perfused with the PKC inhibitor, bisindolylmaleimide (BIM) (500 nM) (n = 10), reversibly flattened the APD restitution curves at each site (Smax < 1), decreased the spatial dispersions of Smax, and increased the thresholds of APD alternans and VA. According to the results of patch‐clamp, peak amplitude of L‐type Ca2+ current was significantly increased by addition of PMA compared with control (CTL) group (p <.05). Antagonize this current with verapamil (n = 10) can fully inhibited the PMA induced increasing of Smax and inducibility of VA and alternans. Conclusion: PKC activation increased the dispersion of APD restitution and thus led to occurrence of VA, which possibly related to the increased Ca2+ influx. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Electronic Turkish Studies is the property of Electronic Turkish Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the topical issues of doctrine and international judicial practice regarding the determination of the State's responsibility for international wrongful acts, in particular, those related to the activities of foreign non-State armed groups. The authors analyse the international legal framework of State responsibility for international wrongful acts, as well as individual criminal liability of individuals. The paper substantiates a set of economic and legal instruments for the implementation of international responsibility (reparations, satisfaction, restitution, economic sanctions) as a mechanism for ensuring compliance with international law by States. The study identifies the legal positions of the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the European Court of Human Rights and other international judicial institutions on the application of the concepts of "effective control" and "overall control" in judicial practice, as well as problematic issues of law enforcement.

The article attempts to determine the principles of international legal regulation of the application of restitution as a form of material responsibility in international law, as restitution is a means of legal protection available to the claimant in the consideration of an international dispute, for which seized property is returned to the original owner in kind. The theoretical provisions regarding the international legal regulation of the application of restitution as one of the forms of material responsibility under international law have been analyzed, using the following sources - the UN International Law Commission (ILC); Article 35 of the Articles on State Responsibility of 2001; Permanent Court of International Justice (PCIJ) (predecessor of the UN International Coin! of Justice). Legal doctrine distinguishes two forms of restitution - restitution in kind («restitutio in integrum») and restoration («restitutio in pristinum»). Restitution in kind (restitutio in integrum) consists in restoring the former material situation. The second form of restitution - restoration (restitutio in pristinum) - is the restoration of immaterial rights. The issue of property restitution has been central to many political changes and peace agreements since the end of the Cold War. Restitution of property, homes, and land has been seen as a means of redressing past injustices in many forms, ranging from communist nationalization and colonial-era land confiscation to outright ethnic cleansing and war crimes. The politics of restitution often figure in broader transitional justice efforts following repression, persecution, and mass violations of human rights. Among the range of transitional justice mechanisms, restitution is most closely related to reparations, both because of their shared historical origins and because of their common desire to return victims to the conditions in which they would have been satisfied if their rights had not been violated. Practical examples of restitution that took place in the Czech Republic, South Africa, Bosnia and Guatemala were analyzed. Were studied the recommendations on how to better plan, organize and implement the restitution program in the conditions of the transition period, which were aptly described in his writings by the outstanding scientist Mr. Rhodri C. Williams [13]. [ABSTRACT FROM AUTHOR]

According to the opinion of famous jurists and legal scholars, what becomes the property of the wife from the dowry through the marriage is the entire dowry; But after the marriage, the wife's ownership is fixed on half of the dowry and unstable on the other half, and it becomes fixed after intimacy. In case of divorce before intimacy, the wife's shaky ownership of half of the dowry will be lost and it is separated from her property and given to the husband. If the wife discharges the husband’s obligation from the dowry after the marriage, and this marriage leads to divorce before intimacy, the question arises as to whether the husband has the right to restitute half of the dowry or not. The findings based on the Analytical-descriptive method show that the proofs of the promise to allow the return of the spouse for half of the dowry are not complete and conclusive, and by referring to the jurisprudence rules of benevolence, justice, and fairness, the promise is proven to be not permissible for the returning of it to husband. Also, if we believe in the existence of an implied condition of the duration of marriage in the dowry, and we consider it as a type of contract, we can use the violation of the condition in the discharge situation (the condition of the duration of marriage) and give the wife the right to reject the discharge through the option of violating the condition. As a result, the husband must pay half of the dowry to the wife.

Ethiopia, a nation rich in cultural and natural heritage, faces the challenge of recovering numerous cultural treasures dispersed across the globe. While Ethiopian regimes have sought to return these cultural treasures since the second half of the 19th century, the journey towards complete recovering remains incomplete. Thus, this article examines Ethiopia’s unique approach to recovering its heritage, contrasting it with strategies employed by other African nations. Despite over a century and a half of efforts, Ethiopia’s endeavors have been limited in scale and scope, leaving a significant portion of its cultural heritage abroad. The absence of a comprehensive national strategy has further hampered progress. The article stresses the need for a collaborative approach involving government agencies, cultural organizations, and international partners. This collaboration must encompass diplomatic negotiations, legal frameworks, and public awareness campaigns. Only through a unified and determined strategy can Ethiopia reclaim its rightful legacy and ensure the preservation of its cultural heritage for future generations. [ABSTRACT FROM AUTHOR]

This paper explores the distribution and semantics of the reversative affix un- and the restitutive affix re-, and overall makes a new proposal about the lexical semantics of verbs. I argue that these affixes tell a story of derivational morphology that is based not on categorization of verbs into neat aspectual and decompositional classes, but on the result of the verb's action on the object and whether or not such a result state permits reversal and restitution. The argument structure of these affixes shows us that morphology interacts with semantics in a true compositional sense, whereby the affectedness of the object is a crucial factor in determining compatibility and composition. I propose an approach to verb meaning that encodes this important information as outcomes: the lifespan properties of the object after the action occurs on it. I propose, formulating the Verb-Root-Outcomes framework, that all verb roots come equipped with sets of outcomes. A wide array of verbs that have been classified as 'change-of-state' are shown to have different sub-classes based on the shape of the outcome set, and this also allows a formal definition of what 'potential' change could mean. The affixes un- and re- are modeled as result-state modifiers, which are sensitive to the outcomes of the action of the verb stem they attach to, and only attach when their presuppositions about the state of the object are met. Apart from directly comparing reversal and restitution with the same formal notion of equivalence, this approach also allows a transparent representation of event decomposition, whereby change in the object is able to be tracked at a granular level and its importance in determining the success of morphological derivations highlighted. This theory argues for compositional semantic interpretation at a sub-lexical level, while also showing how sentential and pragmatic factors affect verb meaning and derivational affixation. [ABSTRACT FROM AUTHOR]

This article reviews the recent publications concerning the centuries-old dispute over the Parthenon Marbles. The discussion focuses on the application of international law to the question of the return of the Parthenon Marbles to Greece, and reviews Professor Catharine Titi’s book The Parthenon Marbles and International Law, with reference to and comparison with Alexander Herman’s book The Parthenon Marbles Dispute. This review specifically evaluates the question of whether there is a customary international law on the return of unlawfully removed cultural heritage, which would require States, and specifically the United Kingdom, to be bound to such a rule. The existence of this rule would strengthen the efforts of Greece to argue for the return of the Marbles, which Titi argues is best resolved through diplomacy, and not recourse to the European Court of Human Rights or the International Court of Justice. Despite a growing global discussion about the need for repatriation of colonial-looted cultural objects, it remains to be seen whether it will have any impact, or indeed put pressure on, the Trustees of the British Museum or the UK Parliament which must pass an act to deaccession the Marbles from the national collection. [ABSTRACT FROM AUTHOR]

Manisa, one of the ancient cities of Western Anatolia, after hosting many civilisations throughout history, came under Turkish rule at the beginning of the XIVth century and soon gained the identity of a Turkish-Islamic city. The city, which was the capital of the Saruhanogullari Principality, was one of the most important sanjak centres where princes were sent during the Ottoman period. In Manisa, which witnessed intensive construction activities in these centuries, many architectural works were built by both members of the dynasty and state officials. Among these buildings, the Lala Pasha Mosque is one of the examples of a single-domed mosque, but it also has some remarkable architectural features. The mosque has survived to the present day with various interventions over the centuries. The existing traces provide important data regarding the construction phases of the building. [ABSTRACT FROM AUTHOR]

Heeding Frantz Fanon's thoughts on colonialism and forgiveness alongside his call for us to "turn over a new leaf... work out new concepts, and try to set afoot a new man," this text-mediated meditation on the hatred of forgiveness contends with the question/quest of forgiveness and its relevance to our idea of Africa today. To attend to these ethical questions, the author assembles a textual montage by juxtaposing Wole Soyinka's The Burden of Memory, the Muse of Forgiveness lecture series (1997), with some reflections on for/giving from Nathalie Etoke's Melancholia Africana (2019), Jacques Derrida's deconstruction of forgiveness, and Pumla Gobodo-Madikizela's (2004) attempt to imagine and inhabit a postapartheid South Africa where forgiveness acts as an infinite responsibility to the other. As such, this text-mediated meditation engages the newness, closure, eruption or interruption of violence, and forgiveness characteristic of the African present alongside discourses on African memories of grievances and speculations about the Africa that is yet-to-come. [ABSTRACT FROM AUTHOR]

Copyright of Erciyes Üniversitesi Hukuk Fakültesi Dergisi is the property of Erciyes University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research aims not only to explore the mechanisms of restitution implementation, the assessment benchmarks for determining the amount and form of restitution, and the execution of restitution decisions but also to devise a comprehensive model ensuring fair and legally certain restitution for crime victims. Through qualitative empirical research and employing legal, conceptual, and comparative law approaches, it has been identified that the restitution mechanism has faced issues from its inception, both in terms of regulation and implementation, resulting in failures in restitution claims. Furthermore, the benchmarks for assessing restitution have accumulated future losses for victims without being actionoriented. Numerous failures in the execution of restitution decisions have also been uncovered. Therefore, it is recommended to develop a restitution model based on justice and legal certainty. Among these recommendations are: eliminating limitations on victim types for restitution claims, establishing a mechanism that refers to diversion requests to compel law enforcement agencies to pursue restitution, developing restitution in actionable forms, seizing the perpetrator's assets from the investigation stage, executing restitution without waiting for inkracht, adjusting subsidiary sanctions, implementing installment payments, revoking the convicted individual's rights, and integrating a restitution and compensation scheme through the development of a victim assistance fund. Additionally, the establishment of oversight for the implementation of restitution is proposed. [ABSTRACT FROM AUTHOR]

Copyright of Arte y Políticas de Identidad is the property of Servicio de Publicaciones de la Universidad de Murcia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Indigenous African people had mastery and ownership of material objects and land more broadly before colonialism and enslavement. Without indigenous people mastery and ownership over their material objects, indigenous progress, liberation, development, and emancipation would be elusive. This paper contends that decolonization/decoloniality is a function of abating dispossession/theft of indigenous material objects by imperialists through restitution and repossession. In fact, to forestall claims for restitution and reparations require mastery and ownership of their material objects to enable those that are colonized to assume sovereignty and autonomy. This paper theorizes coloniality as theft/dispossession as its critical framework. The underlying argument here is that theorizing coloniality as theft/dispossession makes it possible to conceive of the limitations of theories that define coloniality simplistically in terms of hierarchies, binaries, and dominance. Based on this assemblage, I frame the coloniality of theft/dispossession along the Asante (the people of Ghana) dispossessed material objects in the eras of colonialism and enslavement. The paper concludes that decolonizing ontologies by way of restitution is a necessary component of the process of reversing colonial/imperial theft/dispossession of objects for which they should be compensated as part of the process of decolonization rather than erroneous conceptualization of decolonization in terms of hierarchy, oppression, and binaries. [ABSTRACT FROM AUTHOR]

The provision of restitution to victims of criminal acts is considered not optimal in its implementation with various problems such as from the regulatory aspect and at the level of implementing relevant stakeholders in the implementation of prosecutions. The results of this study will be presented by describing the data obtained through literature studies analyzed by quantitative methods. The study shows that there is a need for an arrangement that contains a substitute crime if the defendant or convicted person is not able to pay a replacement crime as a norm that becomes the legal basis for public prosecutors and judges in prosecuting and deciding cases. The problem arises due to the lack of comprehensive regulations regarding criminal charges in lieu of the payment of compensation, the nonregulation of criminal substitutes for the payment, and the nonregulation of the amount of the criminal substitute. The ideal arrangement in a criminal prosecution that is carried out comprehensively and correctly by the relevant parties is expected to provide legal certainty, justice, and expediency. [ABSTRACT FROM AUTHOR]

The aim of the paper is to provide a reconstructive reading of the case Bank M in the light of the core principles of the system of protection established by Directive 93/13, as well as, more generally, the regulation of restitutionary remedies derivable from national laws and the general principles of EU law. The analysis takes particularly into account the Italian civil lawyer's point of view, as before the advent of Bank M, the Italian Supreme Court had already ruled on the same subject, establishing an unprecedented version of the condictio: an asymmetrical condictio, which has been defined, with a significant expression, as 'protective condictio indebiti'. Since both Courts allow the non professional party to pursue restitutory claims to which the professional party is not entitled as well, one might be led to believe that the same starting question was resolved in the same way in both cases, and therefore that, as a result of the case Bank M, a 'protective condictio indebiti' such as that established by the Italian Supreme Court can be said to have been established (also) in European contract law. However, for the reasons to be explained below, it is believed that the CJEU did not intend to introduce a unilateral or asymmetrical claim for recovery of undue payment, but merely permitted the consumer to demand what, under domestic law, he or she would have obtained by exercising the general action of unjust enrichment. It will be seen how the general content of restitutory protection is articulated in the system established by the UCTD, in the light of the most relevant ECJ's case-law on this subject, with the ultimate aim of verifying whether the 'protective condictio indebiti' outlined by Italian case-law can enter fully into European contract law. 156 [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Scams disguised as online investment schemes, trading robots, and stock investments are currently rampant in the vicinity of our residential areas. The victims are individuals seek ing high investment returns from criminal perpetrators, only to incur losses due to fraud. In response to this issue, the Supreme Court of the Republic of Indonesia has issued Supreme Court Regulation Number 1 of 2022 regarding Procedures for Resolving Requests and Providing Restitution and Compensation to Victims of Criminal Acts. This study discusses a juridical analysis of the legal considerations (ratio decidendi) of the Panel of Judges in the Decision of the Kediri District Court Number 30/Pid.B/2022/PN.Kdr, as well as the Decision of the Surabaya High Court Number 620/PID/2023/PT.SBY, regarding the provision of compensation to victims of criminal acts by returning/handing over evidence of the criminal acts to the victims. In the legal considerations of its decision, the panel of judges at the Kediri District Court rejected one of the public prosecutor's demands for compensation, which is to return/hand over the evidence to the victim. However, the decision of the judges at the Surabaya High Court differs; in their legal considerations, the Panel of Judges atthe Surabaya High Court considered a greater reduction of losses compared to the money given to the defendant. Additionally, the panel of judges also provided an opportunity for the victim to pursue other legal remedies to claim different forms of compensation.This study employs the Legal Research/Normative method with the aim of enabling victims of fraud and similar criminal acts to understand the legal remedies available to obtain compensation. Based on the research findings, it can be concluded that victims of criminal acts, particularly fraud, can pursue legal remedies such as civil lawsuits for damages, restitution, and compensation, which can be granted by the court

Introduction: Through museum collecting practice, the deceased, possessions, plants and animals were turned into objects, removed from their communities and places of origin, and were segregated and divided into museum classificatory systems. In the decolonial work of embarking upon purposeful and proactive acts of return, the terms "repatriation" and "restitution" have often been used interchangeably. Objective: To assess the terminological differences between repatriation and restitution. Methods: Here, we critically discuss the politics of these terms and present an argument for restitution as restitutionary work. Results: Repatriation refers to the legal, administrative and logistical matters of returning across national borders. However, restitution is a preferred concept highlighting deeper meanings of return to the proper owner, with restitutionary work being time‐consuming, emotional, often painful, enriching acts of restoration, and transitional justice. Restitution is about the embodiment and empowerment of choice over all aspects of the return. Conclusion: Here, we argue that terminology matters. While restitution may involve repatriation, repatriation is not a substitute for acts of restoration embodied in restitutionary work. [ABSTRACT FROM AUTHOR]

In 2020, French senators voted to return 27 objects held in the country's museums to Benin and Senegal. When speaking to the French Press, the French Minister of Culture, said, "the bill is not an act of repentance, but an act of friendship and trust (Selvin)." Without repentance, how can France hope to build friendship and trust with its former African colonies? Although extant literature (Curtis; DeBlock; Hicks; Maaba; Maples Munjeri; Nevadomsky; Roberts; Shyllon; and Thompson) provides insight into how France could restitute African cultural property, this literature has not explicitly considered the role that anti-Black racism plays in France's resistance to the restitution of African cultural property. Therefore, we investigated the research question: in what ways might Critical Race Theory (CRT) inform policies and practices on the restitution of African cultural property from France back to African nations? [ABSTRACT FROM AUTHOR]

This article argues for the need to enshrine restorative and compensatory measures in the criminal law of Ukraine. The authors analyze international normative acts, in particular the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985; the European Convention on the Compensation of Victims of Violent Crimes, 1983; Recommendation R (85) 11 of the Committee of Ministers of the Council of Europe to Member States on the position of the victim in criminal law and criminal procedure, 1985; Recommendation Rec (2006) 8 of the Committee of Ministers of the Council of Europe to Member States on assistance to victims of crime, 2006, which establishes certain obligations of States to enshrine restitution and compensation in national laws. The article identifies the insufficiency of legislative consolidation of restitution (compensation) for damage caused by a criminal offense in the criminal procedure and civil legislation of Ukraine. The article analyzes the historical legal acts in force in our country which provided for measures aimed at ensuring the interests of victims of criminal offenses, and proves that with the accession to the Russian Empire, the positive achievements in criminal law related to the attempts to enshrine restitution and compensation measures at the legislative level were lost. At the same time, the author uses the example of the criminal law of Poland to prove that the States which had a common history with ours and the same origins of legislation formation continued the traditions of rule-making in a given criminal law area, and therefore the system of criminal law measures in Poland includes measures of a compensatory nature. The article focuses on the analysis of the provisions of the draft Criminal Code of Ukraine regulating restitution and compensation, identifies certain shortcomings and suggests some ways to address them. [ABSTRACT FROM AUTHOR]

Romans introduced many different building types in history, such as aqueducts, baths, and bridges. The bridges and arcades of the aqueducts are a few notable examples of Roman structures. Their design ensures their endurance as well as their attractive appearance. The sources of the geometrical design of Roman Aqueducts in Anatolia have yet to be deciphered. The purpose of the study is to determine the geometric design rules of Roman Aqueduct bridges and arcades located in Anatolia since most of them are in danger of loss and are not documented. There are no tracings of the top level or ground level of some aqueducts. The method of the study includes three phases. Firstly, the representative facade drawings of Roman Aqueducts were documented and drawn; secondly, a geometrical analysis using primary geometric forms such as circles and equilateral triangles; grids with Pythagorean triangles and golden ratio were made. Finally, analysis results were filtered to provide geometric structural schemes of the aqueducts. Consequantly, the usage of equilateral and Pythagorean triangles draws attention as much as the usage of circles. These triangles determine both the form of the arches and the facade organizations. Also, the grid system was used to determine some levels, such as cornices, springing lines, and the top of the arches. Thus, the golden ratio helped find the aqueduct's horizontal levels, especially the upper levels. The geometric schemes of the aqueducts are determined using all gathered data. Geometric schemes propose data about the aqueducts' design principles and for missing parts of the aqueducts. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study began with the hypothesis that British law has an advantage in regulation over Kuwaiti law regarding penalties related to companies or legal persons. This study raised several questions regarding several penalties and measures (fines, compensation orders, corrective orders, restitution orders, publication orders, Judicial rulings, submitting periodic financial reports, and dismissing company directors). To answer its questions, this study used the analytical approach by analyzing the texts of British law and how they are applied before the courts. The study compared that with the texts currently existing in the Kuwaiti legal system and the extent to which the penalties found in British law can be applied. In the State of Kuwait. Indeed, it became clear from this study that there is an advantage, but it is partial. This study found that there are penalties regulated by the British legislator that the Kuwaiti legislator did not know about, and there are penalties regulated by the British legislator in a more detailed and deeper manner than Kuwaiti law in a manner consistent with the nature of the legal person (companies). Finally, the study concluded that the Kuwaiti legislator should benefit from the experience of the British legislator about criminal corporate penalties. [ABSTRACT FROM AUTHOR]

This paper incisively engages with the ways in which African leaders are not assertively demanding restitution of their material artifacts dispossessed in the eras of enslavement and colonization. It questions indigenous people’s struggles for restitution of materialities colonially dispossessed beyond a simplistic view of decentering their hierarchy and ownership. Besides, the paper critically interrogates why Euro-America scholarship generously offers resilience discourse as perhaps the most important conceptual addition to international policy making in the last few decades to Africa, but it ironically does not care to restitute dispossessed material artifacts back to indigenous African peoples. The paper argues that colonial dispossession is about recentering indigenous people as masters and owners of material artifacts via restitution. Using coloniality of dispossession/theft this paper proposes a framework of restitution that aims to address resilient colonial dispossession enacted by the West. It is pointed out that decolonization will be achievable through restitution of indigenous material artifacts. I engage in the topic of restitution of material artifacts, particularly in the context of Asante people of Ghana. The paper contends that restitution of dispossessed material artifacts would empower indigenous peoples in Africa and strategically position them in global geopolitics. [ABSTRACT FROM AUTHOR]

Ischemic damage to the intestinal epithelial barrier, such as in necrotizing enterocolitis or small intestinal volvulus, is associated with higher mortality rates in younger patients. We have recently reported a powerful pig model to investigate these age-dependent outcomes in which mucosal barrier restitution is strikingly absent in neonates but can be rescued by direct application of homogenized mucosa from older, juvenile pigs by a yet-undefined mechanism. Within the mucosa, a postnatally developing network of enteric glial cells (EGCs) is gaining recognition as a key regulator of the mucosal barrier. Therefore, we hypothesized that the developing EGC network may play an important role in coordinating intestinal barrier repair in neonates. Neonatal and juvenile jejunal mucosa recovering from surgically induced intestinal ischemia was visualized by scanning electron microscopy and the transcriptomic phenotypes were assessed by bulk RNA sequencing. EGC network density and glial activity were examined by Gene Set Enrichment Analysis, three-dimensional (3-D) volume imaging, and Western blot and its function in regulating epithelial restitution was assessed ex vivo in Ussing chamber using the glia-specific inhibitor fluoroacetate (FA), and in vitro by coculture assay. Here we refine and elaborate our translational model, confirming a neonatal phenotype characterized by a complete lack of coordinated reparative signaling in the mucosal microenvironment. Furthermore, we report important evidence that the subepithelial EGC network changes significantly over the early postnatal period and demonstrate that the proximity of a specific functional population of EGC to wounded intestinal epithelium contributes to intestinal barrier restitution following ischemic injury. [ABSTRACT FROM AUTHOR]

Obstetric fistula is a life transforming event resulting in embodied biographical disruption. Survivors suffer myriad long‐term physical and emotional consequences. This paper is an account of a narrative inquiry, conducted with 15 fistula survivors in North‐central, Nigeria, who described how their identities had been transformed by their condition. A narrative therapeutic approach, using Frank's 'chaos, restitution and quest' typology, was used to map their recovery narratives. 'Chaos', described by Frank as the opposite of restitution, dominated, with women losing hope of recovery. Women's shift towards 'restitution' began with treatment, but inadequate health‐care access often delayed this process. In their quest narratives, women's life and identify changes enabled them to derive meaning from their experience of obstetric fistula within the context of their own lives. The findings highlight socio‐structural factors raising the risk of obstetric fistula, which in turn causes biographical disruption and hampers sufferers' treatment and recovery. Rehabilitation should include income‐generating skills to bring succour to survivors, particularly those whose incontinence persists after repairs. [ABSTRACT FROM AUTHOR]

Many Syrian refugees are being forcibly repatriated under the guise of the war's end, while other refugees are returning to Syria voluntarily. Drawing on an interview study with displaced Syrians, and an analysis of conflict-era policy and legal changes, I show how the Syrian government's repatriation regime has been constructed outside of international norms and practices. An absentee must apply to return through a settlement process in which the state determines who is a 'loyal returnee' and thus permitted to return. Returnees must construct a genealogy of loyalty that attributes responsibility for their displacement towards several of the Syrian government's enemies. Wartime Housing, Land, and Property (HLP) laws have created a surrogate legal category for the displaced as absentee subjects who are targeted for punishment through HLP seizures. As Syria's repatriation regime is delinked from restitution, returnees are forced to navigate HLP laws to regain ownership of assets and property. [ABSTRACT FROM AUTHOR]

This paper provides a historical analysis of the peak and demise of the international view on cultural heritage. In the 1980s, cultural internationalism emerged as a conservative reaction against the adoption of the 1970 UNESCO Convention, which organises the restitution and return of stolen cultural properties. Internationalist and cosmopolitan scholars who have claimed that cultural heritage 'belongs to humanity', generally condemned restitution, and pushed back against the ratification of the Convention. The international view on cultural property became traditionally dominant in milieus such as universal museums, antiquity markets and some academic disciplines. However, over the past half-decade, the growing importance of research on provenance has challenged cultural internationalism in two areas. Firstly, research on provenance focused on art and archaeological crime has shown that artefacts allegedly excavated in the past are often the proceeds of recent looting, especially in conflict zones. Secondly, recent studies on historical provenance have revealed that many objects were collected using colonial violence. As a result, developments in criminology, postcolonial history, and indigenous peoples' rights have generally led to the retreat of cosmopolitan narratives on cultural property. Ultimately, this paper highlights that cosmopolitanism in cultural heritage has historically hinged on the imperialist past. [ABSTRACT FROM AUTHOR]

Baden-Württemberg has positioned itself as a leader in German efforts to recognize the colonial past and pursue reconciliation with Namibia. Restitution projects in the 2010s shaped the Namibia Initiative Baden-Württemberg. My analysis of Landtag documents reveals a gradual transformation of this debate about German colonial responsibility and adoption of calls for Aufarbeitung. State-level arguments reflected broader national and European discussions about restitution while emphasizing the influence of local initiatives. Following the 2019 restitution of Hendrik Witbooi's possessions, Baden-Württemberg's cultural ministry and most political parties embraced Aufarbeitung as part of future work at state institutions. This close examination of Baden-Württemberg's initiative could serve as a model for other German Länder as they work toward decolonizing their institutions. [ABSTRACT FROM AUTHOR]

"The Museum of Other People" by Adam Kuper is a book that delves into the history and controversies surrounding anthropology museums, particularly in relation to colonialism, restitution, and identity politics. The book presents differing perspectives on museums, with some arguing that they perpetuate colonial injustices and others claiming that they have lost their core functions in favor of identity politics. The review acknowledges the complexity of the debate and the need for change in the museum sector. However, it also criticizes the book for lacking focus and having a meandering narrative. The article discusses Kuper's arguments for a more cosmopolitan approach to curating museums, but raises concerns about potential limitations and biases. Overall, the article highlights the ongoing debates and complexities surrounding cultural representation in museums. [Extracted from the article]

Criminal law abolitionists claim that legal punishment cannot be morally justified and that we should therefore abolish criminal law. While this is still a minority position in the current debate, the number of proponents has been increasing, and even opponents have developed a certain degree of sympathy for such claims in recent years. Yet one of the reasons many remain hesitant regarding the abolition of criminal law appears to be the lack of a thought-through alternative, in addition to abolitionists disagreeing considerably amongst themselves on what an alternative should look like. I will call this the missing alternative objection. To address this central concern, I will argue in this paper that the most prominent versions of abolitionism actually converge on the same alternative core to criminal law — even though they are driven by vastly different motivations. This core that current abolitionist theories converge on is two-fold: first, the claim that the state should compel offenders to provide restitution for the victim; second, the claim that restorative processes should be used wherever possible when addressing criminal wrongdoing. This common core is enough to reject the missing alternative objection. [ABSTRACT FROM AUTHOR]

The aim of the present study is to contribute to our understanding of the efforts made to recover Hungarian cultural property taken abroad during World War II, with a focus on the period between 1945-1949, mainly based on documents preserved in the Hungarian National Archives. At the Ministry of Justice, an interdepartmental meeting was held in early May 1945 to discuss the issue of the public and private property removed from the country. Soon afterwards, the Government Commission for Hungarian National Property Abroad was set up, followed by the Department for Hungarian Property Abroad, headed by Dr. Miklós Nyárádi. At home, the staff of public collections and the Ministerial Commission for the Return of Works of Art Removed from Public and Private Collections, and abroad, the Hungarian Material Committee and the Hungarian Return Committees sent abroad, made a significant contribution to the return to Hungary of more than 1000 works of art from the Museum of Fine Arts, to name just one example, including those from the Museum of Fine Arts. This study approaches the repatriation of works of art from the perspective of the wider restitution process and describes it in descriptive terms. In this way, it can serve as a guide for further research and as a memorial to all those who have contributed to the repatriation of our cultural heritage. [ABSTRACT FROM AUTHOR]

Despite the trauma caused by the brutality of pushbacks, victims often attempt to return to the expelling state’s territory, driven by desperation and the search for a better life. In doing so, they risk repeated violations of their rights. This vicious circle has to be broken. As reparation for the violation of their rights, restitution allowing for their return to the territory of the state responsible for the violation should be granted. This victim-centered approach allows their primary goal of re-entry into the state territory to be achieved through legal means.

The armed aggression of the Russian Federation against Ukraine has brought the issue of protecting cultural property to the forefront. Numerous documented cases of illegal exports of cultural property from Ukrainian museums located in territories occupied by the aggressor country have emerged. In addition, little is known about the number of stolen objects from private collections, which are considered cultural artifacts. There are no statistics available on this matter. This paper aims to explore the problem of applicable law during the consideration of disputes regarding the protection of cultural property. The author examines the concept of cultural property restitution in private international law and different approaches and concepts for defining "restitution" and "return" of cultural values. It has been argued that the term “return of cultural property” should encompass a wider scope, including both the restitution of illegally exported cultural property and the return of cultural property that was legally in the possession of another state but was later repatriated to the original state as a gesture of goodwill. The author offers his definitions of these terms based on theoretical research, as well as an analysis of the domestic legislation of Ukraine and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Property of June 24, 1995. The paper also delves into the issues of conflict regulation of disputes involving cultural values. Both the issues of determining the right of ownership to and the problems associated with the protection of the right of ownership of cultural property in private international law are considered. The point of view that the conflict of laws rule lex originis (the law of the country from whose territory the cultural property was exported) should be applied in disputes regarding the return of cultural property from someone else's illegal possession is supported. The author concludes, based on a comparative analysis of laws on private international law, about the most appropriate mechanism for protecting the property rights of a bona fide purchaser in disputes over cultural property.