A dispute’s existence can be a requirement for establishing the jurisdiction of numerous international courts and tribunals. It requires that a state opposes the claim of another state. Yet, when a state is silent in response to a claim directed at it, there is ambiguity about the silent state’s view. This article argues that opposition and a dispute can be inferred from state silence under specific cumulative conditions: when a claim has been made in circumstances that call for the silent state’s reaction; when the silent state is aware of the claim; and when reasonable time of silence passed. Because it prevents tactical silences from undermining international justice, the inference must be encouraged. The conditions, under which the inference can be made, should also be retained in international adjudication, because they perform primarily an evidentiary function, as well as a cautionary and a channelling function.

South African municipalities are entrusted to perform various functions, including providing basic services to communities. Recently, the auditor-general has raised concern about municipalities’ overall functionality and ability to fulfil their obligations. Municipalities’ service delivery failures have led to disputes between them and their communities. Moreover, South African courts have drawn attention to the impact of service delivery failures and described their catastrophic and devastating effects on communities and their local economies. In addition, it is said that the consequences of these municipal failures are more severe for the communities than any other stakeholder. For this reason, communities require legal options to resolve such disputes. This article puts forward two legal options (and potentially a third) to which communities can turn. The article examines mediation and structural interdicts and argues why these options are suitable methods for resolving disputes between a community and its municipality.

How well do vignette designs capture actual behaviour in the real world? This study employs original survey data featuring both hypothetical vignettes and behavioural questions in order to assess the external validity of descriptive and causal inferences in survey experiments. The survey was conducted in a three-province, probability-proportional-to-size sample of 1,897 rural residents in China and focuses on the legal mobilization of citizens in response to grievances involving land rights. In terms of descriptive inference, we find that relative to the behavioural benchmark, hypothetical vignettes significantly over-estimate legal mobilization in response to a grievance, particularly for higher-cost actions like petitioning the government and litigating in court. We find that data from hypothetical vignettes affect causal inference as well, producing significantly different results regarding the effect of political connections and legal knowledge on legal mobilization. The study makes a contribution by identifying conditions under which hypothetical vignettes are less likely to produce valid inference. It engages a rich literature on disputing and legal mobilization in the field of Chinese politics and helps to resolve debates over the role of political connections and legal knowledge.

The success of the Counter-Reformation in Ireland following the restoration of the Catholic hierarchy was a remarkable achievement. Between 1618 and 1630 Rome made a staggering nineteen episcopal appointments in a kingdom that was ruled by a Protestant king. Documenting the achievements of the initial period only paints half the picture, however. The implementation of the Tridentine reforms and the thorny issue of episcopal authority brought the religious orders into a head-on collision with the secular clergy. This protracted dispute lasted for a decade, most notably in the diocese of Dublin where an English secular priest, Paul Harris, led a hostile attack on the Franciscan archbishop, Thomas Fleming. The longevity of the feud, though, owed at least as much to the intervention of Lord Deputy Sir Thomas Wentworth as it did to the internal tensions of the Catholic Church. Despite Wentworth’s influential role, he has been largely written out of the conflict. This article addresses the lacunae in the current historiography and argues that the lord deputy’s interference was a decisive factor in exacerbating the hostilities between the secular and regular clergy in early seventeenth-century Ireland.

Taking my cue from feminist curiosity and literature on the everyday in surveillance studies, I am proposing ‘democratic curiosity’ as a tool for revisiting the question of democracy in times of extitutional surveillance. Democratic curiosity seeks to bring into analytical play the social and political power of little nothings – the power of subjects, things, practices, and relations that are rendered trivial – and the uncoordinated disputes they enact. Revisiting democracy from this angle is particularly pertinent in extitutional situations in which the organisation and practices of surveillance are spilling beyond their panoptic configurations. Extitutional surveillance is strongly embedded in diffusing arrangements of power and ever more extensively enveloped in everyday life and banal devices. To a considerable degree these modes of surveillance escape democratic institutional repertoires that seek to bring broader societal concerns to bear upon surveillance. Extitutional enactments of democracy then become an important question for both security and surveillance studies.

The recent lumber trade war between Canada and the United States deals with Canadian stumpage policies, Canada's log export controls, and U.S. retaliatory duty. This study determines the appropriate level of U.S. countervailing duty (CVD) by employing a vertically interrelated log–lumber model. The theoretical results show that the U.S. CVD can be greater (will be less) than the Canadian subsidy for a vertically related log–lumber market (for lumber market only). Empirical results support the theoretical findings in that the U.S. CVD for the log–lumber market (lumber market alone) is 1.55 (0.91) times the Canadian subsidy.

At the end of the second century ah al-Shāfiʿī (d. 204/820) advocated stoning as the sole penalty for adultery instead of an earlier rule that combined flogging with stoning. Al-Shāfiʿī's innovative doctrine was barely noticed by the jurisprudents, exegetes and ḥadīth collectors during the first half of the third century ah, but apparently provoked a legal debate shortly thereafter. This article explores the development of the third-century dual- vs. single-penalty dispute and its implications for the chronology of al-Shāfiʿī's Risāla.