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Hope, Trust, and Forgiveness: Essays in Finitude
by John T. LysakerA new ethics of human finitude developed through three experimental essays. As ethical beings, we strive for lives that are meaningful and praiseworthy. But we are finite. We do not know, so we hope. We need, so we trust. We err, so we forgive. In this book, philosopher John T. Lysaker draws our attention to the ways in which these three capacities—hope, trust, and forgiveness—contend with human limits. Each experience is vital to human flourishing, yet each also poses significant personal and institutional challenges as well as opportunities for growth. Hope, Trust, and Forgiveness explores these challenges and opportunities and proposes ways to best meet them. In so doing, Lysaker experiments with the essay as a form and advances an improvisational perfectionism to deepen and expand our ethical horizons.
Hope, Trust, and Forgiveness: Essays in Finitude
by John T. LysakerA new ethics of human finitude developed through three experimental essays. As ethical beings, we strive for lives that are meaningful and praiseworthy. But we are finite. We do not know, so we hope. We need, so we trust. We err, so we forgive. In this book, philosopher John T. Lysaker draws our attention to the ways in which these three capacities—hope, trust, and forgiveness—contend with human limits. Each experience is vital to human flourishing, yet each also poses significant personal and institutional challenges as well as opportunities for growth. Hope, Trust, and Forgiveness explores these challenges and opportunities and proposes ways to best meet them. In so doing, Lysaker experiments with the essay as a form and advances an improvisational perfectionism to deepen and expand our ethical horizons.
Hope Under Oppression (Studies in Feminist Philosophy)
by Katie StockdaleWe have all been told, at one time or another, to "never give up hope." It's a common injunction to children, but as we grow older, sustaining hope becomes more challenging, particularly in a world we come to see as often frightening, dark, and unjust. But what is this thing "hope," and why is hope so valuable that we are so often urged to preserve and protect it? This book explores the nature and essential role of hope in human life under conditions of oppression. Oppression is often a threat and damage to hope, yet many members of oppressed groups, including prominent activists pursuing a more just world, find hope valuable and even essential to their personal and political lives. Katie Stockdale offers a unique evaluative framework for hope that captures its intrinsic value, the rationality and morality of hope, and ultimately how we can hope well in the non-ideal world we share. She develops an account of the relationship between hope and anger about oppression and argues that when people are angry about oppression, they tend to also harbour hope for repair. When people's hopes for repair are not realized, as is often the case for those who are oppressed, their anger can evolve into bitterness. They feel unresolved anger as a result of losing hope that injustice will be sufficiently acknowledged and addressed. Fortunately, things do not have to be this way. Even when people may feel that they have lost all hope, faith can help them to be resilient in the face of oppression. They can join with others who share their experiences or commitments for a better world, uniting with them in collective action. By doing so, they can strengthen hope for the future when hope might otherwise be lost. Ultimately, this work illustrates the crucial value of hope for both individuals and collectives in the pursuit of justice, and in an increasingly uncertain world.
Hope Under Oppression (Studies in Feminist Philosophy)
by Katie StockdaleWe have all been told, at one time or another, to "never give up hope." It's a common injunction to children, but as we grow older, sustaining hope becomes more challenging, particularly in a world we come to see as often frightening, dark, and unjust. But what is this thing "hope," and why is hope so valuable that we are so often urged to preserve and protect it? This book explores the nature and essential role of hope in human life under conditions of oppression. Oppression is often a threat and damage to hope, yet many members of oppressed groups, including prominent activists pursuing a more just world, find hope valuable and even essential to their personal and political lives. Katie Stockdale offers a unique evaluative framework for hope that captures its intrinsic value, the rationality and morality of hope, and ultimately how we can hope well in the non-ideal world we share. She develops an account of the relationship between hope and anger about oppression and argues that when people are angry about oppression, they tend to also harbour hope for repair. When people's hopes for repair are not realized, as is often the case for those who are oppressed, their anger can evolve into bitterness. They feel unresolved anger as a result of losing hope that injustice will be sufficiently acknowledged and addressed. Fortunately, things do not have to be this way. Even when people may feel that they have lost all hope, faith can help them to be resilient in the face of oppression. They can join with others who share their experiences or commitments for a better world, uniting with them in collective action. By doing so, they can strengthen hope for the future when hope might otherwise be lost. Ultimately, this work illustrates the crucial value of hope for both individuals and collectives in the pursuit of justice, and in an increasingly uncertain world.
Hopkins' Nonprofit Law Dictionary (Wiley Nonprofit Law, Finance and Management Series)
by Bruce R. HopkinsA focused, invaluable guide to nonprofit legal terminology and definitions The Bruce R. Hopkins Nonprofit Law Dictionary is a thorough professional reference for the terminology and definitions surrounding the law of tax-exempt organizations. Author Bruce R. Hopkins, the country's leading expert in nonprofit law, draws upon 45 years of practice to deliver a true dictionary reference for attorneys specializing in nonprofit law and tax law. The book's terminology and definitions are derived from constantly changing statutes, government agency regulations and rulings, court opinions, and government forms and instructions, with citations provided where appropriate. Modeled after a conventional dictionary, this book offers quick navigation to the information of interest, and points you toward the other Hopkins guides that provide more in-depth information should you require it. The devil is in the details, and nowhere is that statement truer than in the legal profession. Incorrect interpretation of a single phrase can cause consequences for both client and attorney, and verbiage may be intentionally vague with unexpectedly broad or narrow definitions. This guide gives you the most commonly accepted interpretations of terminology related specifically to nonprofit law, so you can feel confident in the quality of service you provide to your clients. Stay up to date on the latest in nonprofit law Confirm the accepted definitions of legal terms and phrases Learn where to turn for deeper guidance on specific topics Gain expert insight into obscure and complex definitions Stop spending time wading through textbooks and case law, only to wonder whether or not the information you eventually found applies to nonprofit law in the same way. Focused specifically on the law as it applies to the nonprofit sector, the Bruce R. Hopkins Nonprofit Law Dictionary is an indispensable reference that gives you the information you need quickly and easily.
Hopkins' Nonprofit Law Dictionary (Wiley Nonprofit Law, Finance and Management Series)
by Bruce R. HopkinsA focused, invaluable guide to nonprofit legal terminology and definitions The Bruce R. Hopkins Nonprofit Law Dictionary is a thorough professional reference for the terminology and definitions surrounding the law of tax-exempt organizations. Author Bruce R. Hopkins, the country's leading expert in nonprofit law, draws upon 45 years of practice to deliver a true dictionary reference for attorneys specializing in nonprofit law and tax law. The book's terminology and definitions are derived from constantly changing statutes, government agency regulations and rulings, court opinions, and government forms and instructions, with citations provided where appropriate. Modeled after a conventional dictionary, this book offers quick navigation to the information of interest, and points you toward the other Hopkins guides that provide more in-depth information should you require it. The devil is in the details, and nowhere is that statement truer than in the legal profession. Incorrect interpretation of a single phrase can cause consequences for both client and attorney, and verbiage may be intentionally vague with unexpectedly broad or narrow definitions. This guide gives you the most commonly accepted interpretations of terminology related specifically to nonprofit law, so you can feel confident in the quality of service you provide to your clients. Stay up to date on the latest in nonprofit law Confirm the accepted definitions of legal terms and phrases Learn where to turn for deeper guidance on specific topics Gain expert insight into obscure and complex definitions Stop spending time wading through textbooks and case law, only to wonder whether or not the information you eventually found applies to nonprofit law in the same way. Focused specifically on the law as it applies to the nonprofit sector, the Bruce R. Hopkins Nonprofit Law Dictionary is an indispensable reference that gives you the information you need quickly and easily.
The Horizontal Effect of Fundamental Rights in the European Union: A Constitutional Analysis (Oxford Studies in European Law)
by Eleni FrantziouThis book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.
The Horizontal Effect of Fundamental Rights in the European Union: A Constitutional Analysis (Oxford Studies in European Law)
by Eleni FrantziouThis book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.
Horizontal Rights: An Institutional Approach
by Dr Gautam BhatiaThis book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties.Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.
Horizontal Rights: An Institutional Approach
by Dr Gautam BhatiaThis book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties.Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.
Hospice Ethics: Policy and Practice in Palliative Care
by Timothy W. Kirk Bruce JenningsHospice care is one of the fastest-growing segments of the U. S. healthcare system, a trend that is expected to accelerate as the median age of the population continues to rise over the next three decades. Despite over forty percent of the population now dying while on hospice care, very little has been published on the ethical opportunities and challenges experienced in the everyday lives of those giving and receiving hospice care. This book is the first comprehensive collection devoted to analyzing distinctive ethical issues arising in the delivery of hospice care and designed to promote best ethical practices for hospice care professionals and organizations. Thirteen newly commissioned chapters by seventeen hospice experts populate three thematic sections of the book, each devoted to an aspect of the intersection between ethics and hospice care. Contributors have unique qualifications and abilities to articulate and respond to ethically significant phenomena that -- while not always unique to hospice care -- arise in especially poignant and complex ways when caring for patients enrolled in hospice. As the shift or return to home-based care at the end of life continues, hospice professionals and programs will be faced with a broader array of terminal illnesses, cultural beliefs and traditions, and patient and family values than ever before. Hospice will no longer be tailored solely to the final stage of cancer, but will need to accommodate patients whose illnesses are variable in their progression and whose treatment plans include many medical options. The ethical orientations and frameworks that have served hospice for the past 50 years will need to be supplemented and refined if hospice is to fulfill this changing social mission. Hospice Ethics explores a new paradigm for hospice ethics from a multi-disciplinary and provides an important educational resource for professional training in end of life care.
The Hospital Autopsy: A Manual of Fundamental Autopsy Practice, Third Edition
by Julian Burton Guy RuttyNow in full colour, this new and revised edition of The Hospital Autopsy presents a clear and systematic approach to safe and effective modern autopsy practice for pathologists. It begins by discussing issues such as legislation governing autopsies, religious attitudes and ensuring safety, before covering the procedures of external examination, evi
The Hospital Autopsy: A Manual of Fundamental Autopsy Practice, Third Edition
by Julian Burton Guy RuttyNow in full colour, this new and revised edition of The Hospital Autopsy presents a clear and systematic approach to safe and effective modern autopsy practice for pathologists. It begins by discussing issues such as legislation governing autopsies, religious attitudes and ensuring safety, before covering the procedures of external examination, evi
Hospital Law (Medicolegal Library #7)
by Stanley Schneider Amnon CarmiThis compilation of articles, research studies and case material deals with the multi-faceted dimensions of hospital law. The volume brings together international experts' views on the interface between medicine, law and ethics as they relate to hospital policy and procedures. Topics explored include: ethics committees, informed consent, malpractice, medical experts and the courts, medical records, use of computers, DNR, death, organ transplants and bio-medical technology.
Hospitality and World Politics (Palgrave Studies in International Relations)
by Gideon BakerA long neglected concept in the field of international relations and political theory, hospitality provides a new framework for analysing many of the challenges in world politics today, from the search for peaceable relations between states to asylum and refugee crises.
Hospitality Security: Managing Security in Today's Hotel, Lodging, Entertainment, and Tourism Environment
by Darrell CliftonA security director must have knowledge of criminal and civil law, risk and personnel management, budgeting and finance, and a host of other areas in order to be effective. Hospitality Security: Managing Security in Today's Hotel, Lodging, Entertainment, and Tourism Environment provides experience-based, proven methods for preventing and resolving the challenges faced by today's hospitality practitioner. Designed for both novice security professionals and industry veterans in need of a reference, the book covers: Risk assessment, where threats and vulnerabilities are calculated with probabilities to determine risk The security plan, where you decide how to apply various layers of control to mitigate the risks Budgeting: the amount of money available to implement the plan determines the next step Policies: how to document policies into a security manual, training manual, emergency procedures manual, and incident action plan Staffing: scheduling, wages, deployment, and contract security Training, including specialized topics such as use of force and bike patrol Physical security and patrol procedures Alarm and camera systems and various software programs Emergency procedures and response Investigations, interviews, and crime analysis Executive skills: learning from proven leadership styles Ideal for novices and veterans alike, this accessible, reader-friendly primer enables security directors to evaluate what risks are inherent to hospitality environments, analyze those risks through threat and vulnerability assessments, and develop methods to mitigate or eliminate them-all the while keeping customers and personnel safe and improving the bottom line.
Hospitality Security: Managing Security in Today's Hotel, Lodging, Entertainment, and Tourism Environment
by Darrell CliftonA security director must have knowledge of criminal and civil law, risk and personnel management, budgeting and finance, and a host of other areas in order to be effective. Hospitality Security: Managing Security in Today's Hotel, Lodging, Entertainment, and Tourism Environment provides experience-based, proven methods for preventing and resolving the challenges faced by today's hospitality practitioner. Designed for both novice security professionals and industry veterans in need of a reference, the book covers: Risk assessment, where threats and vulnerabilities are calculated with probabilities to determine risk The security plan, where you decide how to apply various layers of control to mitigate the risks Budgeting: the amount of money available to implement the plan determines the next step Policies: how to document policies into a security manual, training manual, emergency procedures manual, and incident action plan Staffing: scheduling, wages, deployment, and contract security Training, including specialized topics such as use of force and bike patrol Physical security and patrol procedures Alarm and camera systems and various software programs Emergency procedures and response Investigations, interviews, and crime analysis Executive skills: learning from proven leadership styles Ideal for novices and veterans alike, this accessible, reader-friendly primer enables security directors to evaluate what risks are inherent to hospitality environments, analyze those risks through threat and vulnerability assessments, and develop methods to mitigate or eliminate them-all the while keeping customers and personnel safe and improving the bottom line.
Hospitality, Volume I (The Seminars of Jacques Derrida)
by Jacques DerridaJacques Derrida explores the ramifications of what we owe to others. Hospitality reproduces a two-year seminar series delivered by Jacques Derrida at the École des hautes études en sciences sociales in Paris between 1995 and 1997. In these lectures, Derrida asks a series of related questions about responsibility and “the foreigner”: How do we welcome or turn away the foreigner? What does the idea of the foreigner reveal about kinship and the state, particularly in relation to friendship, citizenship, migration, asylum, assimilation, and xenophobia? Derrida approaches these questions through readings of several classical texts as well as modern texts by Heidegger, Arendt, Camus, and others. Central to his project is a rigorous distinction between conventional, finite hospitality, with its many conditions, and the aspirational idea of hospitality as something offered unconditionally to the stranger. This volume collects the first year of the seminar.
Hospitality, Volume I (The Seminars of Jacques Derrida)
by Jacques DerridaJacques Derrida explores the ramifications of what we owe to others. Hospitality reproduces a two-year seminar series delivered by Jacques Derrida at the École des hautes études en sciences sociales in Paris between 1995 and 1997. In these lectures, Derrida asks a series of related questions about responsibility and “the foreigner”: How do we welcome or turn away the foreigner? What does the idea of the foreigner reveal about kinship and the state, particularly in relation to friendship, citizenship, migration, asylum, assimilation, and xenophobia? Derrida approaches these questions through readings of several classical texts as well as modern texts by Heidegger, Arendt, Camus, and others. Central to his project is a rigorous distinction between conventional, finite hospitality, with its many conditions, and the aspirational idea of hospitality as something offered unconditionally to the stranger. This volume collects the first year of the seminar.
Hospitality, Volume II (The Seminars of Jacques Derrida)
by Jacques DerridaJacques Derrida explores the ramifications of what we owe to others. Hospitality reproduces a two-year seminar series delivered by Jacques Derrida at the École des hautes études en sciences sociales in Paris between 1995 and 1997. In these lectures, Derrida asks a series of related questions about responsibility and “the foreigner”: How do we welcome or turn away the foreigner? What does the idea of the foreigner reveal about kinship and the state, particularly in relation to friendship, citizenship, migration, asylum, assimilation, and xenophobia? Central to his project is a rigorous distinction between conventional, finite hospitality, with its many conditions, and the aspirational idea of hospitality as something offered unconditionally to the stranger. This volume collects the second year of the seminar, which considers an Islamic problematic of hospitality, the relevance of forgiveness, and the work of Emmanuel Levinas.
Hospitality, Volume II (The Seminars of Jacques Derrida)
by Jacques DerridaJacques Derrida explores the ramifications of what we owe to others. Hospitality reproduces a two-year seminar series delivered by Jacques Derrida at the École des hautes études en sciences sociales in Paris between 1995 and 1997. In these lectures, Derrida asks a series of related questions about responsibility and “the foreigner”: How do we welcome or turn away the foreigner? What does the idea of the foreigner reveal about kinship and the state, particularly in relation to friendship, citizenship, migration, asylum, assimilation, and xenophobia? Central to his project is a rigorous distinction between conventional, finite hospitality, with its many conditions, and the aspirational idea of hospitality as something offered unconditionally to the stranger. This volume collects the second year of the seminar, which considers an Islamic problematic of hospitality, the relevance of forgiveness, and the work of Emmanuel Levinas.
Host Government Agreements and the Law in the Energy Sector: The case of Azerbaijan and Turkey (Routledge Research in Energy Law and Regulation)
by Hakan SahinThe energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.
Host Government Agreements and the Law in the Energy Sector: The case of Azerbaijan and Turkey (Routledge Research in Energy Law and Regulation)
by Hakan SahinThe energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.
Hostile Business and the Sovereign State: Privatized Governance, State Security and International Law (Globalization: Law and Policy)
by Michael J. StraussThis book describes and assesses an emerging threat to states’ territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends – the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state’s public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.
Hostile Business and the Sovereign State: Privatized Governance, State Security and International Law (Globalization: Law and Policy)
by Michael J. StraussThis book describes and assesses an emerging threat to states’ territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends – the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state’s public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.