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Investors’ International Law (Studies in International Trade and Investment Law)
by Jean Ho and Mavluda SattorovaThis book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law.International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law.Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
Investors’ International Law (Studies in International Trade and Investment Law)
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law.International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law.Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
Invisibility in African Displacements: From Structural Marginalization to Strategies of Avoidance (Africa Now)
by Jesper Bjarnesen Simon TurnerAfrican migrants have become increasingly demonised in public debate and political rhetoric. There is much speculation about the incentives and trajectories of Africans on the move, and often these speculations are implicitly or overtly geared towards discouraging and policing their movements. What is rarely understood or scrutinised however, are the intricate ways in which African migrants are marginalised and excluded from public discourse; not only in Europe but in migrant-receiving contexts across the globe.Invisibility in African Displacements offers a series of case studies that explore these dynamics. What tends to be either ignored or demonised in public debates on African migration are the deliberate strategies of avoidance or assimilation that migrants make use of to gain access to the destinations or opportunities they seek, or to remain below the radar of restrictive governance regimes.This books offers fine-grained analysis of the ways in which African migrants negotiate structural and strategic invisibilities, adding innovative approaches to our understanding of both migrant vulnerabilities and resilience.
Invisibility in African Displacements: From Structural Marginalization to Strategies of Avoidance (Africa Now)
by Jesper Bjarnesen Simon TurnerAfrican migrants have become increasingly demonised in public debate and political rhetoric. There is much speculation about the incentives and trajectories of Africans on the move, and often these speculations are implicitly or overtly geared towards discouraging and policing their movements. What is rarely understood or scrutinised however, are the intricate ways in which African migrants are marginalised and excluded from public discourse; not only in Europe but in migrant-receiving contexts across the globe.Invisibility in African Displacements offers a series of case studies that explore these dynamics. What tends to be either ignored or demonised in public debates on African migration are the deliberate strategies of avoidance or assimilation that migrants make use of to gain access to the destinations or opportunities they seek, or to remain below the radar of restrictive governance regimes.This books offers fine-grained analysis of the ways in which African migrants negotiate structural and strategic invisibilities, adding innovative approaches to our understanding of both migrant vulnerabilities and resilience.
Invisible Crimes and Social Harms (Critical Criminological Perspectives)
by Pamela Davies Peter Francis Tanya WyattThis unique collection explores the continuing invisibility of much crime and victimization, and the lack of adequate responses to them. Shaping the lens through which criminology and victimology is approached in the twenty-first century, the volume examines major issues including (in)justice, risks, rights, regulation and enforcement.
The Invisible Hands of Political Parties in Presidential Elections: Party Activists And Political Aggregation From, 2004 To 2012
by A. Dowdle S. Limbocker S. Yang K. Sebold P. StewartThis book looks at networks of individual donors during early stages of presidential primary electons to determine party unity. It directly challenges the commonly-held perception that a "divisive" primary is a problem for the political party in the general election.
The Invisible Hands of U.S. Commercial Banking Reform: Private Action and Public Guarantees
by Margaret M. PolskiThis book is a product of my commitment to developing both theory and practice in political economy. I first became interested in economic and institutional change in the commercial banking industry when I took a seminar on financial insti- tions led by Robert Glauber in the Kennedy School of Government at Harvard University in the spring of 1995. In my experience, Bob is one of a handful of teachers who has the verve to challenge and inspire both esoteric and practical inquiry: the seminar grappled with practical business and policy problems in a way that posed a significant challenge to existing theories. In addition to dem- strating the need to better integrate theory and practice, it provided a perspective and an approach that I continue to find useful in research, consulting, and teaching. Conducting the research for this study has taught me many things about banking, regulation, and policy making, and I am grateful to a very large number of people for their assistance. Bob Glauber continues to be generous in discussing the ch- lenges of change in the financial services industry.
Invisible Institutionalisms: Collective Reflections on the Shadows of Legal Globalisation
by Swethaa S BallakrishnenTaking its cue from theoretical and ideological calls to challenge globalisation as a dynamic of homogenisation – and resistance – as led from, and directed against, the Global North, this volume asks: what can we see when we shift the lens beyond a North–South binary?Based on empirical studies of 'frontier-zones' of legal globalisation in India, Pakistan and Latin America, the book adopts an original format. Framed as a relational dialogue between newer as well as more prominent scholars within the field, from various cores through to postcolonial academic peripheries, it questions structural variables in the shadows of legal globalisation and how we as scholars build a space for critique.
Invisible Institutionalisms: Collective Reflections on the Shadows of Legal Globalisation
Taking its cue from theoretical and ideological calls to challenge globalisation as a dynamic of homogenisation – and resistance – as led from, and directed against, the Global North, this volume asks: what can we see when we shift the lens beyond a North–South binary?Based on empirical studies of 'frontier-zones' of legal globalisation in India, Pakistan and Latin America, the book adopts an original format. Framed as a relational dialogue between newer as well as more prominent scholars within the field, from various cores through to postcolonial academic peripheries, it questions structural variables in the shadows of legal globalisation and how we as scholars build a space for critique.
The Invisible Origins of Legal Positivism: A Re-Reading of a Tradition (Law and Philosophy Library #52)
by W.E. ConklinConklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
An Invitation to Feminist Ethics
by Hilde LindemannFeminist ethics addresses how power, through gender, affects moral practice and theory. This enterprise is more important than ever before in an age of sharpened attention and concern for feminist issues and injustices. Yet the number of terms which have entered mainstream discussion can quickly overwhelm the novice: intersectionality, gender neutrality, androcentrism. An Invitation to Feminist Ethics offers an easy-to-understand, hospitable approach to the study of feminist moral theory and practice from a renowned ethicist, underscoring its need and the clarifying light it casts on some of the most pressing topics in contemporary society. The work surveys feminist ethical theory, beginning with an explanation of ethics, feminism, and gender before discussing the concepts of discrimination, oppression, gender neutrality, and androcentrism. The work further discusses in-depth intersectionality and microagressions before examining personal identities and how identities are vulnerable to oppression, and what can be done about it. The book also includes a helpful overview of three standard moral theories--social contract theory, utilitarianism, and Kantian ethics--and a discussion of their failings from a feminist point of view, followed by introductions to feminist care theory and feminist responsibility ethics. A "close-ups" section explores three social practices--bioethics, violence, and the globalized economy--within which these concepts are applied, and the need for feminist ethics is most urgent.
An Invitation to Feminist Ethics
by Hilde LindemannFeminist ethics addresses how power, through gender, affects moral practice and theory. This enterprise is more important than ever before in an age of sharpened attention and concern for feminist issues and injustices. Yet the number of terms which have entered mainstream discussion can quickly overwhelm the novice: intersectionality, gender neutrality, androcentrism. An Invitation to Feminist Ethics offers an easy-to-understand, hospitable approach to the study of feminist moral theory and practice from a renowned ethicist, underscoring its need and the clarifying light it casts on some of the most pressing topics in contemporary society. The work surveys feminist ethical theory, beginning with an explanation of ethics, feminism, and gender before discussing the concepts of discrimination, oppression, gender neutrality, and androcentrism. The work further discusses in-depth intersectionality and microagressions before examining personal identities and how identities are vulnerable to oppression, and what can be done about it. The book also includes a helpful overview of three standard moral theories--social contract theory, utilitarianism, and Kantian ethics--and a discussion of their failings from a feminist point of view, followed by introductions to feminist care theory and feminist responsibility ethics. A "close-ups" section explores three social practices--bioethics, violence, and the globalized economy--within which these concepts are applied, and the need for feminist ethics is most urgent.
Invitation to Law and Society, Second Edition: An Introduction to the Study of Real Law (Chicago Series in Law and Society)
by Kitty CalavitaLaw and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.
Invitation to Law and Society, Second Edition: An Introduction to the Study of Real Law (Chicago Series in Law and Society)
by Kitty CalavitaLaw and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.
Invitation to Law and Society, Second Edition: An Introduction to the Study of Real Law (Chicago Series in Law and Society)
by Kitty CalavitaLaw and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.
Invitation to Law and Society, Second Edition: An Introduction to the Study of Real Law (Chicago Series in Law and Society)
by Kitty CalavitaLaw and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.
Invitation to Law and Society, Second Edition: An Introduction to the Study of Real Law (Chicago Series in Law and Society)
by Kitty CalavitaLaw and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.
Invitation to Law and Society, Second Edition: An Introduction to the Study of Real Law (Chicago Series in Law and Society)
by Kitty CalavitaLaw and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.
Invitation to the Sociology of International Law
by Moshe HirschInvitation to the Sociology of International Law aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are profoundly embedded in diverse social factors and processes, such as norms, identity, and collective memory. Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches, and presents a sociological analysis of several significant topics in present-day international law. The volume surveys subjects such as compliance, international economic law, legal fragmentation, law-making, and the impartiality of adjudicators, and reveals that a sociological analysis of international law enriches our understanding of social factors involved in the formation, evolution, and implementation of the law. Such analysis may not only explain past and present trends in international law but also bears significant implications for the interpretation of existing legal provisions, as well as suggesting better legal mechanisms for coping with contemporary challenges. In light of the underlying interrelationships between international law and other social factors, this book invites international law specialists to analyse international legal rules in their wider social context and to incorporate sociological tools into mainstream international law scholarship.
Invitation to the Sociology of International Law
by Moshe HirschInvitation to the Sociology of International Law aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are profoundly embedded in diverse social factors and processes, such as norms, identity, and collective memory. Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches, and presents a sociological analysis of several significant topics in present-day international law. The volume surveys subjects such as compliance, international economic law, legal fragmentation, law-making, and the impartiality of adjudicators, and reveals that a sociological analysis of international law enriches our understanding of social factors involved in the formation, evolution, and implementation of the law. Such analysis may not only explain past and present trends in international law but also bears significant implications for the interpretation of existing legal provisions, as well as suggesting better legal mechanisms for coping with contemporary challenges. In light of the underlying interrelationships between international law and other social factors, this book invites international law specialists to analyse international legal rules in their wider social context and to incorporate sociological tools into mainstream international law scholarship.
Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on Civil Commitment
by Kate DiesfeldInternational developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?
Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on Civil Commitment
by Kate DiesfeldInternational developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?
The Involvement of EU Law in Private Law Relationships (Studies of the Oxford Institute of European and Comparative Law)
by Dorota Leczykiewicz Stephen WeatherillThe involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
The Involvement of EU Law in Private Law Relationships (Studies of the Oxford Institute of European and Comparative Law #16)
by Dorota Leczykiewicz Stephen WeatherillThe involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
Involving Anthroponomy in the Anthropocene: On Decoloniality (Routledge Research in the Anthropocene)
by Jeremy Bendik-KeymerThis book introduces the idea of anthroponomy – the organization of humankind to support autonomous life – as a response to the problems of today’s purported "Anthropocene" age. It argues for a specific form of accountability for the redressing of planetary-scaled environmental problems. The concept of anthroponomy helps confront geopolitical history shaped by the social processes of capitalism, colonialism, and industrialism, which have resulted in our planetary situation. Involving Anthroponomy in the Anthropocene: On Decoloniality explores how mobilizing our engagement with the politics of our planetary situation can come from moral relations. This book focuses on the anti-imperial work of addressing unfinished decolonization, and hence involves the "decolonial" work of cracking open the common sense of the world that supports ongoing colonization. "Coloniality" is the name for this common sense, and the discourse of the "Anthropocene" supports it. A consistent anti-imperial and anti-capitalist politics, one committed to equality and autonomy, will problematize the Anthropocene through decoloniality. Sometimes the way forward is the way backward. Written in a novel style that demonstrates – not simply theorizes – moral relatedness, this book makes a valuable contribution to the fields of Anthropocene studies, environmental studies, decolonial studies, and social philosophy.