A “spirit of association” took hold of Brazilian businessmen and lawmakers in the Regency period of the 1830s. This spirit manifested itself in the Rio Doce Company drive, which directly inspired Brazilians to launch the first homegrown colonization companies in Salvador and Rio de Janeiro. This chapter traces the trajectory of these pioneering domestic enterprises and examines their operations and their meanings in the context of continuous logistical and political challenges both at home and abroad. Ultimately, these companies set a precedent in institutionalizing reception and conveyance mechanisms, lobbying successfully for pro-colonization policies, and collaborating with the Brazilian diplomatic corps to build a powerful international network of migrant recruitment overseas. Despite these companies’ broad appeal among quarreling elites, both faltered amid the financial crisis of 1837,. The colono trade they spurred in periodic overlap with the illegal slave trade, however, opened the door for continued undocumented migrations from the Azores.

Article 45 and Article 49 provide for the free movement of workers and self-employed people, and the free movement of companies, throughout the EU. To overcome discrimination, legislation has been adopted addressing the rights of workers concerning matters such as tax, social advantages, languages, the mutual recognition of qualifications and requiring even private employers and social partners to treat all EU citizens equally. The case law goes even further than this, addressing all kinds of measures which discourage cross-border pursuit of an occupation, something which has had a great impact on professional football and its restrictive transfer rules. European company law has been similarly turned upside down by ruling in Centros that companies can choose their state of incorporation, a decision which led to the death of the real-seat theory of company law.

This chapter begins a series of chapters on the tax treatment of dealings in interests in corporations, and particularly shares. Shares may be created, transferred and terminated (holding being dealt with in earlier chapters). This chapter deals with the creation of shares and begins with a discussion of the issue of shares for cash versus the issue of shares for non-business assets. Whatever the form of consideration provided, the assets contributed to a corporation are duplicated or reflected in the value of the shares. Shares as assets deriving their value from corporate assets and activities is a theme of the remainder of the book. With respect to contributions of assets for shares, the primary issue is whether the transfer of assets to the corporation gives rise to the taxation of build in gains for the transferor. Often countries provide relief from this charge (rollover) and in doing so challenge the separate identity of the corporation for tax purposes. The focus of the chapter is on incorporation of a business and the different ways in which countries structure qualification for relief on incorporation.

This chapter argues that enforceable decisions by treaty bodies are central to ensuring that international human rights laws are respected domestically. Taking the UK as an example, this chapter compares the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). The chapter demonstrates that the ECHR has been used increasingly by the UK’s courts to protect individuals’ rights, and that the courts have often engaged directly with European Court of Human Rights (ECtHR) decisions. By contrast, although the courts sometimes make limited use of the ICCPR, their approach and its outcome are inconsistent. A similar pattern is observed when the UK’s compliance with both instruments is assessed. Although this may stem from a range of factors, the importance of binding judgments of the ECtHR should not be underestimated: they allow domestic courts to engage directly with a treaty body, and also create a pressure to act. Looking beyond the UK, the chapter concludes that enforceable decisions by treaty bodies have a vital role in ensuring that international human rights laws are respected, and individuals’ rights are protected.

Ordinary civilians are assumed to panic or freeze in crises, but research has shown that this is a myth. In many crises, civilians provide life-saving help to those in need. They may even form emergent groups, which are temporary organizations that are involved in crisis response activities. Their actions can be of major importance to the crisis response efforts, but professionals are often reluctant to include volunteers in formal crisis structures out of distrust and because it requires considerable adaptation. By excluding volunteers, responders are sure that trained professionals provide high-quality support to affected communities. The attitude of frontline responders to volunteers poses a dilemma. It is important to anticipate the presence of well-intentioned volunteers and build relations with them, so that their skills and intentions can be rapidly identified and potential coordination can be established early on. Civilians can be given a variety of tasks, depending on the crisis, but it should not foreclose the recognition of their possible victimhood. Open engagement enables the adaptive incorporation of civilians in frontline crisis response efforts.

Chapter 3 introduces the theoretical framework with an examination of the regime’s changing approach to labor control. It explains why the Chinese regime has moved away from overt coercion and adopted atomized incorporation and argues that the change could be understood from a political economy perspective. The empirical findings show that the central government and the local governments in developed industrial regions have a new incentive to implement pro-labor policies, even when they undermine the profitability of export-oriented sectors. The chapter contrasts the specific components of the new strategy with the strategies of authoritarian labor control observed in Latin America and East Asia.

This chapter examines the impact of state formation, in the form of the rise of the civil parish, on manorial governance structures. Through examining churchwardens’ accounts, it demonstrates that these officials at Worfield and Cratfield transformed from being local managers in the parish to being important agents of the state. However, comparison of the identities of churchwardens and manorial officials reveals that, throughout this transformation, the same individuals continued to hold both manorial and parochial roles. Moreover, qualitative evidence reveals that the powers of churchwardens and manorial officials were combined to meet the same objectives by these individuals, helping them meet their obligations to the lord and the crown. This questions a model of replacement of manor by parish which has been put forward by some early modernists, instead suggesting that the local parochial elite that state formation is often argued to have created was deeply rooted in the governing structure of the medieval manor.

This chapter investigates the impact of state formation, through the rise of the quarter sessions and the new responsibilities this gave village constables, on manorial governance structures. A county-wide case study of manors and quarter sessions’ records in Norfolk for the sixteenth and seventeenth centuries reveals that constables were fulfilling important roles for JPs in serving warrants, enforcing labour legislation and policing vagrancy. However, constables continued to be chosen in manorial courts and to be subject to the oversight of, and directed by, officials of courts leet. Examining the identities of constables at the case-study manors further shows that these individuals continued to serve in manorial office into the early modern period. Moreover, manorial courts since the fourteenth century ensured that constables fulfilled the requirements owed by vills to the crown, meaning that new obligations of constables to the state were underpinned by manorial structures. Therefore, the incorporation of constables into new county-wide structures of law and order was made possible through the local authority given to them via the manor court.

This chapter describes the basic syntax of the Amele (Papuan) language from a Role and Reference Grammar (RRG) perspective. Typologically, Amele has head-last syntax and is head-marking. Nominative-accusative agreement is suffixed to the verb stem and up to four arguments can be marked on the verb. There are only two major lexical categories, nouns and verbs, with very little overlap between these categories. Alternative undergoer selection may be made for ditransitive verbs. There is no passive construction in the language and the only choice for privileged syntactic argument (PSA) is [S, AT]. Focus may be expressed morphologically and by incorporation of modifier elements into the verb word. The language-specific topics featured are serial verb constructions and switch-reference (SR). SR applies to clauses in both coordinate and (some) embedded constructions. It is judged to be a local syntactic device for monitoring the referentiality of PSA arguments between adjacent clauses as to whether they have identical or non-identical reference.

Chapter 10 accounts for requirements of access to justice arising from Article 13, most notably the powers and competences the national autority needs to have, the procedural safeguards that must be provided, the prospect of success which the remedy needs to offer and the speed in which the remedial task must be performed. Most importantly, the chapter accounts for the required scope of domestic review, which, possibly, is the most important practical requirement stemming from Article 13. In early case law, the requirement was negatively delimeted in two aspects. First, the Convention must not be incorporated into domestic law. Second, Article 13 grants no right to challenge primary legislation, as such. This latter delimitation is criticized, and it is argued that the Court should positively require that the domstice remedial authority has the power to correct mistakes stemming from, also, primary legislation. The chapter, then, analyzes the domestic review that the national authority must perform and explains how the Court now requires the legal starting points to be more similar to those applied by the Court and how the concrete scrutiny must be more rigorous.

This chapter provides an original inquiry into the use of General Assembly resolutions within domestic legal systems. The scholarly literature is silent on this, being entirely focused on the use of resolutions by international courts and tribunals. As a result, this chapter supplements the current academic debate by revealing a neglected aspect of the legal significance of resolutions. It evaluates the degree of legal significance that states attach to resolutions at the implementation stage by analysing the process of incorporation of resolutions into domestic law. It shows that the source of the legal significance of resolutions can be ultimately traced back to the will of individual states to rely on resolutions depending on context and circumstances. As a result, generalizations about the legal significance of resolutions within domestic legal systems appear to be neither convincing nor useful.

This chapter provides an innovative analysis of the concept of legal significance of resolutions. It evaluates the common traits of state practice related to the attribution of legal significance of resolutions in relation to three contexts – at the adoption stage, within domestic law and in international practice. Subsequently, it evaluates whether it is possible to predict the presence of legal significance of resolutions by providing a critique of the existing tests of legal significance devised by scholars. It concludes by arguing that there is a significant discrepancy between the findings of this study and scholarly positions on the normative value of resolutions. The latter tend to focus on the legal significance at the adoption stage, thus underplaying the relevance of state practice as a signpost of legal significance at the implementation stage – both domestic and international.

Justice GULASEKARAM delivered the opinion of the Court.1

This case requires us to decide whether there will be justice for the more than seventy colored men who were slaughtered on April 13, 1873 by an army of white supremacists. More broadly, it asks whether the forces of white supremacy who were recently defeated on the battlefield may nevertheless succeed in this legal civil war, currently being waged in our federal courts. Indeed, in this case, the fate of our national project to build a “more perfect union” through emancipation, reconstruction, and equality hangs in the balance.

This chapter examines the cultural status of ritual song and dance in the Roman Late Republican and Augustan periods. By applying the modern theoretical work of Paul Connerton on the social reproduction of memory, the chapter explores several strategies through which two of the most iconic religious associations in Rome – the Salian priesthood and the Arval Brethren – stored and transmitted their cultural traditions. The hymns of these collegia, as well as their performances, constitute unique artifacts for understanding the interconnected processes of writing and embodiment – what Connerton defines as “inscription” and “incorporation”– in the production of ancient musical memories.

This chapter examines the rise of the Mughal and Qing empires, which together forged a template for rule that would define Asian and Western approaches to empire in the Old World down to the twentieth century. Mughal and Manchu conquest elites succeeded in establishing and maintaining rule over vastly more prosperous, populous and culturally sophisticated subject populations during the early modern era. They did so through strategies of define and conquer and define and rule, entailing the extensive customization and repurposing of indigenous normative and institutional resources for imperial ends. Imperial elites creatively remixed these resources, both to create local constituencies in favour of ‘barbarian’ rule, and also to generate the coercive reserves of hard power needed to defend their empires from internal and external hard challenges. Finally, rulers in both empires then stabilized their power through the establishment of distinct diversity regimes, which institutionalized existing practices of define and rule, while blocking the potential rise of anti-imperial coalitions.

This chapter describes the primary interventions for the sensory sensitivity presentation of ARFID, including:

• Choosing five new foods to learn about each week

• Setting aside a dedicated time to learn about these five foods using theFive Steps of learning (see, touch, smell, taste, chew)

• Identifying at least some of these new foods for repeated practice in the upcoming week

• Strategies for incorporating larger portions new foods into regular meals and snacks after small portions have been tasted several times

Brian considers the normativity of law within the framework of legal positivism, noting that the very idea of it has been understood differently by different authors. He proposes that we analyse the concept in terms of reasons for action, that such reasons must be something more than prudential reasons, that the proper question is whether law gives us reasons for actions of the relevant type that we would not have without law, and that Hume’s law makes this task difficult for legal positivists. He considers consequentialist justifications for the normativity of law proposed by Hobbes and Hume, Kelsen’s theory of the basic norm, Postema’s claim that the rule of recognition is a coordination convention, Shapiro’s planning theory of law, and Enoch’s triggering account, concluding that these accounts are all problematic in different ways. He observes that some authors see it as a specifically legal normativity that is neither moral nor prudential, while others conceive of it as moral normativity; he concludes that the former alternative needs elaboration and justification, while the latter is difficult to establish from within the legal positivist tradition.