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ICSID: An Introduction to the Convention and Centre
by Antonio R. ParraBased on the author's Hague Lectures on ICSID, this book on ICSID and the ICSID Convention provides a detailed introduction to the worlds leading institution devoted to international investment dispute settlement. Fully up-to-date as of mid-2019, the book presents a full and accessible picture of an increasingly important dispute settlement mechanism. The author delves into the origins and evolutions of the Convention and Centre and its jurisdiction, then navigates the reader through the process of arbitration proceedings under the Convention, applicable law, and the enforcement of Convention awards. The author also discusses efforts to reform international investment dispute settlement in general and ICSID arbitration in particular. ICSID: An Introduction to the Convention and Centre is an authoritative, essential guide for students, practitioners, policymakers, investors, NGO activists, and journalists with an interest in investor-state dispute settlement.
ICT Systems Security and Privacy Protection: 32nd IFIP TC 11 International Conference, SEC 2017, Rome, Italy, May 29-31, 2017, Proceedings (IFIP Advances in Information and Communication Technology #502)
by Sabrina De Capitani di Vimercati Fabio MartinelliThis book constitutes the refereed proceedings of the 32nd IFIP TC 11 International Conference on ICT Systems Security and Privacy Protection, SEC 2017, held in Rome, Italy, in May 2017.The 38 revised full papers presented were carefully reviewed and selected from 199 submissions. The papers are organized in the following topical sections: network security and cyber attacks; security and privacy in social applications and cyber attacks defense; private queries and aggregations; operating systems and firmware security; user authentication and policies; applied cryptography and voting schemes; software security and privacy; privacy; and digital signature, risk management, and code reuse attacks.
ICU Resource Allocation in the New Millennium: Will We Say "No"?
by David W. CrippenIntensive care medicine is one of the fastest growing services provided by hospitals and perhaps one of the most expensive. Yet in response to the global financial crisis of the last few years, healthcare funding is slowing or decreasing throughout the world. How we manage health care resources in the intensive care unit (ICU) now and in a future that promises only greater cost constraints is the subject of this book, the third in an informal series of volumes providing a global perspective on difficult issues arising in the ICU. Taking 12 developed countries as their focus, leading experts provide a country-by-country analysis of current ICU resource allocation. A second group of experts use the chapters as a departure point to analyze current ICU resource allocation at the level of the global medical village. The process is repeated, but with an eye toward the future – first country by country, then at the global level – that takes into account initiatives and reforms now underway. A fictional healthcare plan, the “Fair & Equitable Healthcare Plan,” is put forth to address weaknesses in existing approaches, and healthcare experts and ethicists are invited to respond to its often provocative provisions. Itself structured as a dialogue, the book is an excellent way to start or to continue serious discussion about the allocation of ICU healthcare resources now and in the years ahead.
The Idaho State Constitution (Oxford Commentaries on the State Constitutions of the United States)
by Professor Donald W. Crowley Florence A. HeffronIn The Idaho State Constitution, Donald W. Crowley and Florence A. Heffron provide a history of Idaho's constitution and a concise article-by-article analysis of the entire text. The authors recount the development of the constitution over the last century and explain how it has been shaped by concerns of powerful economic, social, and political forces. Since its drafting in 1889, the 109 amendments have democratized the political systems and given people the right to participate more actively in the state's governance. The Idaho State Constitution reflects the renewed interest in state constitutions as a means of guiding important policy concerns and provides an essential reference guide for readers who seek a rich account of Idaho's constitutional evolution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Idea and Methods of Legal Research
by P. Ishwara BhatLegal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.
The Idea of a Pure Theory of Law: An Interpretation and Defence
by Christoph KletzerMost contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others.This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.
The Idea of a Pure Theory of Law: An Interpretation and Defence
by Christoph KletzerMost contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others.This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.
The Idea of Arbitration (Clarendon Law Series)
by Jan PaulssonWhat is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.
The Idea of Arbitration (Clarendon Law Series)
by Jan PaulssonWhat is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.
The Idea of Authorship in Copyright (Applied Legal Philosophy)
by Lior ZemerAs information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.
The Idea of Authorship in Copyright (Applied Legal Philosophy)
by Lior ZemerAs information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.
The Idea of Evil
by Peter DewsThis timely book by philosopher Peter Dews explores the idea of evil, one of the most problematic terms in the contemporary moral vocabulary. Surveys the intellectual debate on the nature of evil over the past two hundred years Engages with a broad range of discourses and thinkers, from Kant and the German Idealists, via Schopenhauer and Nietzsche, to Levinas and Adorno Suggests that the concept of moral evil touches on a neuralgic point in western culture Argues that, despite the widespread abuse and political manipulation of the term ‘evil’, we cannot do without it Concludes that if we use the concept of evil, we must acknowledge its religious dimension
The Idea of Evil
by Peter DewsThis timely book by philosopher Peter Dews explores the idea of evil, one of the most problematic terms in the contemporary moral vocabulary. Surveys the intellectual debate on the nature of evil over the past two hundred years Engages with a broad range of discourses and thinkers, from Kant and the German Idealists, via Schopenhauer and Nietzsche, to Levinas and Adorno Suggests that the concept of moral evil touches on a neuralgic point in western culture Argues that, despite the widespread abuse and political manipulation of the term ‘evil’, we cannot do without it Concludes that if we use the concept of evil, we must acknowledge its religious dimension
The Idea of Governance and the Spirit of Chinese Neoliberalism (Governing China in the 21st Century)
by Quan LiThis book offers a critical assessment of governance ideas in the context of Chinese neoliberalism. It argues that the Chinese version of governance has emerged as an important discursive practice in the articulation of the neoliberal spirit of the national reform agenda. The book first examines the institutional and intellectual background of governance ideas, capturing the key features of neoliberalization in transitional China. The main body of investigation is an interpretive analysis of governance in terms of its normative principles and technical skills, which effectively package the mature neoliberal vision and reality so that it indicates the dominant ruling structure of Chinese neoliberalism. The subsequent analysis presents a genealogical review of governance discourse and traces its adaptation to local neoliberal experiments. The book concludes with reflections on possible ways of critical engagement with governance ideas and with the intellectual aspects of neoliberalism.
The Idea of International Human Rights Law
by Steven WheatleyInternational human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
The Idea of International Human Rights Law
by Steven WheatleyInternational human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
The Idea of Justice
by Amartya SenSocial justice: an ideal, forever beyond our grasp; or one of many practical possibilities? More than a matter of intellectual discourse, the idea of justice plays a real role in how - and how well - people live. And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political thinking, has long left practical realities far behind.
The Idea of Justice
by Amartya SenIs justice an ideal, forever beyond our grasp, or something that may actually guide our practical decisions and enhance our lives? In this wide-ranging book, Amartya Sen presents an alternative approach to mainstream theories of justice which, despite their many specific achievements have taken us, he argues, in the wrong direction in general.At the heart of Sen's argument is his insistence on the role of public reason in establishing what can make societies less unjust. But it is in the nature of reasoning about justice, argues Sen, that it does not allow all questions to be settled even in theory; there are choices to be faced between alternative assessments of what is reasonable. Sen also shows how concern about the principles of justice in the modern world must avoid parochialism, and further, address questions of global injustice. The breadth of vision, intellectual acuity and striking humanity of one of the world's leading public intellectuals have never been more clearly shown than in this remarkable book.
The Idea of Justice
by Amartya Kumar SenSocial justice: an ideal, forever beyond our grasp; or one of many practical possibilities? More than a matter of intellectual discourse, the idea of justice plays a real role in how - and how well - people live. And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political thinking, has long left practical realities far behind.
The Idea of Justice in Literature (Wirtschaftsethik in der globalisierten Welt)
by Hiroshi Kabashima Shing-I Liu Christoph Luetge Aurelio de Prada GarcíaThe theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself.
The Idea of Labour Law
by Guy Davidov Brian LangilleLabour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
The Idea of Prison Abolition (Carl G. Hempel Lecture Series #13)
by Tommie ShelbyAn incisive and sympathetic examination of the case for ending the practice of imprisonmentDespite its omnipresence and long history, imprisonment is a deeply troubling practice. In the United States and elsewhere, prison conditions are inhumane, prisoners are treated without dignity, and sentences are extremely harsh. Mass incarceration and its devastating impact on black communities have been widely condemned as neoslavery or &“the new Jim Crow.&” Can the practice of imprisonment be reformed, or does justice require it to be ended altogether? In The Idea of Prison Abolition, Tommie Shelby examines the abolitionist case against prisons and its formidable challenge to would-be prison reformers.Philosophers have long theorized punishment and its justifications, but they haven&’t paid enough attention to incarceration or its related problems in societies structured by racial and economic injustice. Taking up this urgent topic, Shelby argues that prisons, once reformed and under the right circumstances, can be legitimate and effective tools of crime control. Yet he draws on insights from black radicals and leading prison abolitionists, especially Angela Davis, to argue that we should dramatically decrease imprisonment and think beyond bars when responding to the problem of crime.While a world without prisons might be utopian, The Idea of Prison Abolition makes the case that we can make meaningful progress toward this ideal by abolishing the structural injustices that too often lead to crime and its harmful consequences.
The Ideal of Nature: Debates about Biotechnology and the Environment
by Gregory E. KaebnickGoing back at least to the writings of John Stuart Mill and Jean-Jacques Rousseau, people have argued for and against maintaining a state of nature. Is there an inherent virtue in leaving alone a naturally occurring condition, or does the human species thrive when we find ways to improve our circumstances? This volume probes whether "nature" and "the natural" are capable of guiding moral deliberations in policy making.Drawing on philosophy, religion, and political science, this book examines three questions central to debates over the idea of "nature" in human action. Conceptually, it asks what the term means, how it should be considered, and if it is, even in part, a social construct. From a moral perspective, the contributors question if being "natural" is itself of value or if its worth is only as a means to advance other morally acceptable ends. Politically, essays discuss whether appeals to nature can and should affect public policy and, if so, whether they are moral trump cards or should instead be fitted alongside or weighed against other concerns. Achieving consensus on these questions has proven elusive and seems unattainable. This should not, however, be an obstacle to moving the debate forward. By bringing together disparate approaches to addressing these concepts, The Ideal of Nature suggests the possibility of intermediate positions that move beyond the usual full-throated defense and blanket dismissal found in much of the debate. Scholars of bioethics, environmental philosophy, religious studies, sociology, public policy, and political theory will find much merit in this book’s lively discussion.
The ideal river: How control of nature shaped the international order
by Joanne YaoEnvironmental politics has traditionally been a peripheral concern for international relations theory, but increasing alarm over global environmental challenges has elevated international society’s relationship with the natural world into the theoretical limelight. IR theory’s engagement with environmental politics, however, has largely focused on interstate cooperation in the late twentieth century, with less attention paid to how the eighteenth- and nineteenth-century quest to tame nature came to shape the modern international order.The ideal river examines nineteenth-century efforts to establish international commissions on three transboundary rivers – the Rhine, the Danube, and the Congo. It charts how the Enlightenment ambition to tame the natural world, and human nature itself, became an international standard for rational and civilized authority and informed our geographical imagination of the international. This relationship of domination over nature shaped three core IR concepts central to the emergence of early international order: the territorial sovereign state; imperial hierarchies; and international organizations. The book contributes to environmental politics and international relations by highlighting how the relationship between society and nature is not a peripheral concern, but one at the heart of international politics.
The ideal river: How control of nature shaped the international order
by Joanne YaoEnvironmental politics has traditionally been a peripheral concern for international relations theory, but increasing alarm over global environmental challenges has elevated international society’s relationship with the natural world into the theoretical limelight. IR theory’s engagement with environmental politics, however, has largely focused on interstate cooperation in the late twentieth century, with less attention paid to how the eighteenth- and nineteenth-century quest to tame nature came to shape the modern international order.The ideal river examines nineteenth-century efforts to establish international commissions on three transboundary rivers – the Rhine, the Danube, and the Congo. It charts how the Enlightenment ambition to tame the natural world, and human nature itself, became an international standard for rational and civilized authority and informed our geographical imagination of the international. This relationship of domination over nature shaped three core IR concepts central to the emergence of early international order: the territorial sovereign state; imperial hierarchies; and international organizations. The book contributes to environmental politics and international relations by highlighting how the relationship between society and nature is not a peripheral concern, but one at the heart of international politics.