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Selective Licensing: The Basis for a Collaborative Approach to Addressing Health Inequalities (Routledge Focus on Environmental Health)
by Paul OattIn recent years, the private rented sector has overtaken social housing to become the main housing provider with some of the worse housing conditions that are linked to preventable health inequalities. This book seeks to expand upon previous research in the area with a focus on selective licensing and enforcement, using a case study to illustrate changes in working practices that have been bought about through new powers being made available to local authorities to issue civil financial penalties upon criminal landlords. The book examines the impact of this legislation on regulatory enforcement in the London Borough of Newham’s property licensing scheme, delivered in a multi-agency partnership across its private rented sector, and the outcomes of combining the use of licensing and traditional housing inspections with use of civil penalties in alternative to prosecution to address some of the worse effects of poor housing. The study also considers the limitations of employing informal actions to address such issues as well as identifying both the barriers to collaboration and the most effective strategies for service delivery where agencies – such as the police, border agency, council tax and local planning, irrespective of inter-agency competition – work together to achieve individual and shared objectives in evolving partnerships. The findings here will be of keen interest to environmental health professionals, academics, and indeed those operating in local authorities themselves.
Selective Publication in the U.S. Courts of Appeals: The Invisible Norm that Perpetuates Inequality
by Rachael K. HinkleSince the 1970s, federal circuit courts have designated some decisions as unpublished as a means of keeping up with an increasing number of appeals, yet still providing quality legal analysis. These unpublished opinions declare that they will only resolve the dispute in question rather than have the rulings act as binding precedent. Scholars have since focused on policy and the law-making function of circuit courts which avoids the difficult task of grappling with the massive number of unpublished decisions. The distinction between published and unpublished rulings has created a breeding ground for disparities in power and privilege that raise serious concerns about social justice. Nearly four out of five decisions are unpublished. Selective Publication in the U.S. Courts of Appeals: The Invisible Norm that Perpetuates Inequality presents a comprehensive examination of the theoretical and empirical implications of a key institutional practice in a highly influential set of courts. This book sheds light on the social justice consequences of not publishing all opinions by drawing on an original dataset of over 200,000 cases. Hinkle's rigorous analysis reveals how the seemingly benign institutional feature of selective publication contributes to problematic differences in the way resources and demographic features shape power and privilege in the circuit courts. This book exposes how the decision to publish or not publish an opinion plays a significant role in who gets what, when, and how in a court of law. Academics and students will find Selective Publication in the U.S. Courts of Appeals an accessible tool for understanding circuit courts as an important political institution. Those who shape and are affected by circuit rules will gain important insight about the implications of existing rules that can inform ongoing discussions regarding potential reforms.
Selective Publication in the U.S. Courts of Appeals: The Invisible Norm that Perpetuates Inequality
by Rachael K. HinkleSince the 1970s, federal circuit courts have designated some decisions as unpublished as a means of keeping up with an increasing number of appeals, yet still providing quality legal analysis. These unpublished opinions declare that they will only resolve the dispute in question rather than have the rulings act as binding precedent. Scholars have since focused on policy and the law-making function of circuit courts which avoids the difficult task of grappling with the massive number of unpublished decisions. The distinction between published and unpublished rulings has created a breeding ground for disparities in power and privilege that raise serious concerns about social justice. Nearly four out of five decisions are unpublished. Selective Publication in the U.S. Courts of Appeals: The Invisible Norm that Perpetuates Inequality presents a comprehensive examination of the theoretical and empirical implications of a key institutional practice in a highly influential set of courts. This book sheds light on the social justice consequences of not publishing all opinions by drawing on an original dataset of over 200,000 cases. Hinkle's rigorous analysis reveals how the seemingly benign institutional feature of selective publication contributes to problematic differences in the way resources and demographic features shape power and privilege in the circuit courts. This book exposes how the decision to publish or not publish an opinion plays a significant role in who gets what, when, and how in a court of law. Academics and students will find Selective Publication in the U.S. Courts of Appeals an accessible tool for understanding circuit courts as an important political institution. Those who shape and are affected by circuit rules will gain important insight about the implications of existing rules that can inform ongoing discussions regarding potential reforms.
Selective Reproduction in the 21st Century
by Ayo Wahlberg and Tine M. GammeltoftThis book explores how conditions for childbearing are changing in the 21st century under the impact of new biomedical technologies. Selective reproductive technologies (SRTs) - technologies that aim to prevent or promote the birth of particular kinds of children – are increasingly widespread across the globe. Wahlberg and Gammeltoft bring together a collection of essays providing unique ethnographic insights on how SRTs are made available within different cultural, socio-economic and regulatory settings and how people perceive and make use of these new possibilities as they envision and try to form their future lives. Topics covered include sex-selective abortions, termination of pregnancies following detection of fetal anomalies during prenatal screening, the development of preimplantation genetic diagnosis techniques as well as the screening of potential gamete donors by egg agencies and sperm banks. This is invaluable reading for scholars of medical anthropology, medical sociology and science and technology studies, as well as for the fields of gender studies, reproductive health and genetic disease research.
Selectivity in State Aid Law and the Methods for the Allocation of the Corporate Tax Base
by Jérôme MonsenegoHigh profile cases before the European Commission and the EU courts have intensified scrutiny of the link between State aid law and the taxation of multinational enterprises. Certain decisions have raised questions about fiscal sovereignty and the interpretation of the rules on State aid – in particular the notion of selectivity, which have not been addressed in detail by existing research. The combination of the evolution of the notion of selectivity in State aid law, on the one hand, and the need to adapt the rules for the taxation of the profits of multinational enterprises to the modern economy, on the other hand, makes it necessary to assess whether existing as well as alternative rules for the allocation of the corporate tax base might entail a selective treatment. This book responds to the need of research in the area of State aid law applied to the taxation of the income of multinational enterprises, focusing on the crucial concept of selectivity. The analysis proceeds with a detailed investigation of the theoretical issues that arise when applying the selectivity test in State aid law to three methods for the allocation of the corporate tax base between the members of multinational enterprises: – the arm’s length principle; – transfer pricing safe harbours; and – systems of formula apportionment. This research project is conducted at a theoretical level, without considering national provisions or particular tax treaties. The author suggests an analytical framework on the application of the selectivity test to the three allocation methods. It is concluded that these methods are likely to have certain selective features, with varying possibilities to be justified by the inner logic of a corporate income tax system. It is also demonstrated that selectivity occurs for different reasons, due to the different rationales of the three allocation methods. This book is intended at contributing to the academic literature on the impact of State aid law on the principles for the taxation of the income of multinational enterprises. The outcome of this research project is also relevant for lawmakers who need to reconcile the imperatives of State aid law with the design of rules that match their tax policies, as well as for judges or lawyers who apply the rules on State aid to tax provisions.
Self- and Co-regulation in Cybercrime, Cybersecurity and National Security (SpringerBriefs in Cybersecurity)
by Tatiana Tropina Cormac CallananThe ever increasing use of computers, networks and the Internet has led to the need for regulation in the fields of cybercrime, cybersecurity and national security. This SpringerBrief provides insights into the development of self- and co-regulatory approaches to cybercrime and cybersecurity in the multi-stakeholder environment. It highlights the differences concerning the ecosystem of stakeholders involved in each area and covers government supported initiatives to motivate industry to adopt self-regulation. Including a review of the drawbacks of existing forms of public-private collaboration, which can be attributed to a specific area (cybercrime, cybersecurity and national security), it provides some suggestions with regard to the way forward in self- and co-regulation in securing cyberspace.
Self and Others: A Study of Ethical Egoism (Synthese Library #196)
by Jan Österberg1. The Aim of This Essay Ethical Egoism, the doctrine that, roughly speaking, one should promote one's own good, has been a live issue since the very beginnings of moral philosophy. Historically, it is the most widely held normative theory, and, next to Utilitarianism, it is the most intensely debated one. What is at stake in this debate is a fundamental question of ethics: 'Is there any reason, except self-interest, for considering the interests of other people?' The ethical egoist answers No to this question, thus rejecting the received conception of morality. Is Ethical Egoism an acceptable position? There are many forms of Ethical Egoism, and each may be interpreted in several different ways. So the relevant question is rather, 'Is there an acceptable version of Ethical It is the main aim of this essay to answer this question. This Egoism?' means that I will be confronted with many other controversial questions, for example, 'What is a moral principle?', 'Is value objective or subjec tive?', 'What is the nature of the self?' For the acceptability of most ver sions of Ethical Egoism, it has been alleged, depends on what answers are given to questions such as these. (I will show that in some of these cases there is in fact no such dependence. ) It is, of course, impossible to ad equately discuss all these questions within the compass of my essay.
The Self, Civic Virtue, and Public Life: Interdisciplinary Perspectives (Routledge Studies in Ethics and Moral Theory)
by Nancy E. SnowThis volume showcases new and interesting ways in which the possession of civic virtues can contribute to people’s abilities to engage in public life in meaningful ways.What is the role of civic virtues in public life? How does possessing civic virtues affect persons and their capacities for participation in the public order? The chapters in this volume combine philosophical and empirically informed work to show how civic virtues can be informed by larger virtue ethical perspectives. The first two chapters discuss virtues of individuals that have not received significant empirical attention—authenticity and wisdom and psychological resilience. The next two chapters address education and the ways in which civic virtues can help us to better serve schoolchildren who are socially and economically disadvantaged, as well as to broaden students’ horizons with respect to character and sustainability education. The final four chapters explore the roles for virtues within various political and public realms. They offer perspectives on how virtues affect contentious politics in democratic societies, and study virtues in contexts in which democracy has been stifled or torn apart by war. Together, the chapters highlight the ever-widening impact of the virtues on our lives and in society.The Self, Civic Virtue, and Public Life will be of interest to scholars and graduate students working in ethics, political philosophy, psychology, and philosophy of education.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 International license.
The Self, Civic Virtue, and Public Life: Interdisciplinary Perspectives (Routledge Studies in Ethics and Moral Theory)
This volume showcases new and interesting ways in which the possession of civic virtues can contribute to people’s abilities to engage in public life in meaningful ways.What is the role of civic virtues in public life? How does possessing civic virtues affect persons and their capacities for participation in the public order? The chapters in this volume combine philosophical and empirically informed work to show how civic virtues can be informed by larger virtue ethical perspectives. The first two chapters discuss virtues of individuals that have not received significant empirical attention—authenticity and wisdom and psychological resilience. The next two chapters address education and the ways in which civic virtues can help us to better serve schoolchildren who are socially and economically disadvantaged, as well as to broaden students’ horizons with respect to character and sustainability education. The final four chapters explore the roles for virtues within various political and public realms. They offer perspectives on how virtues affect contentious politics in democratic societies, and study virtues in contexts in which democracy has been stifled or torn apart by war. Together, the chapters highlight the ever-widening impact of the virtues on our lives and in society.The Self, Civic Virtue, and Public Life will be of interest to scholars and graduate students working in ethics, political philosophy, psychology, and philosophy of education.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 International license.
Self-Constitution of European Society: Beyond EU politics, law and governance (Applied Legal Philosophy)
by Ji 345 Í P 345 Ibá 328Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.
Self-Constitution of European Society: Beyond EU politics, law and governance (Applied Legal Philosophy)
by Jiří PřibáňRecent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.
Self-Declaration in the Legal Recognition of Gender (Social Justice)
by Chris DietzSelf-Declaration in the Legal Recognition of Gender examines the impact of legislation premised upon the principle of ‘self-declaration’ of legal gender status. Existing doctrinal and comparative analyses have tended to come out strongly in favour of, or against, self-declaration. This book offers a socio-legal alternative which focuses on how self-declaration is experienced, on an embodied level, by trans and gender diverse people. It presents research conducted in Denmark, which became the first European state to adopt self-declaration in June 2014. By analysing Danish law through a Foucauldian framework which brings together socio-, feminist, and trans legal scholarship on embodiment and jurisdiction, the book offers the first empirically based and theoretically informed analysis of self-declaration. It draws upon legal consciousness, affect theory, vulnerability, and governmentality literatures to argue that the jurisdictional boundaries which existed between law and medicine were maintained throughout the reform process. This limited the impact of the legislation, enabling access to health care to be restricted in the same year in which amending legal gender status was liberalised. As the list of states that have adopted self-declaration increases, this intervention offers activists and policymakers insights which might shape how they respond to similar reform proposals in the future. A timely and important assessment, this book will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.
Self-Declaration in the Legal Recognition of Gender (Social Justice)
by Chris DietzSelf-Declaration in the Legal Recognition of Gender examines the impact of legislation premised upon the principle of ‘self-declaration’ of legal gender status. Existing doctrinal and comparative analyses have tended to come out strongly in favour of, or against, self-declaration. This book offers a socio-legal alternative which focuses on how self-declaration is experienced, on an embodied level, by trans and gender diverse people. It presents research conducted in Denmark, which became the first European state to adopt self-declaration in June 2014. By analysing Danish law through a Foucauldian framework which brings together socio-, feminist, and trans legal scholarship on embodiment and jurisdiction, the book offers the first empirically based and theoretically informed analysis of self-declaration. It draws upon legal consciousness, affect theory, vulnerability, and governmentality literatures to argue that the jurisdictional boundaries which existed between law and medicine were maintained throughout the reform process. This limited the impact of the legislation, enabling access to health care to be restricted in the same year in which amending legal gender status was liberalised. As the list of states that have adopted self-declaration increases, this intervention offers activists and policymakers insights which might shape how they respond to similar reform proposals in the future. A timely and important assessment, this book will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.
Self-Defence in Criminal Law (Criminal Law Library)
by Boaz SangeroThis book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.
Self-Defense in International Relations
by R. AnandThe right to individual and collective self-defense in international law and politics has always been a controversial issue. Using the example of how the US employs self-defense against Iraq, this book uncovers new dimensions, which lead to innovative and practical strategies and analysis.
Self-defense in Islamic and International Law: Assessing Al-Qaeda and the Invasion of Iraq
by N. ShahThe book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does meet the international legal test.
Self-Defense, Necessity, and Punishment: A Philosophical Analysis (Routledge Research in Applied Ethics)
by Uwe SteinhoffThis book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy.
Self-Defense, Necessity, and Punishment: A Philosophical Analysis (Routledge Research in Applied Ethics)
by Uwe SteinhoffThis book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy.
Self-Determination: The Ethics of Action, Volume 1
by Thomas PinkThomas Pink offers a new approach to the problem of free will. Do we have control of how we act, so that we are free to act in more than one way, and does it matter to morality whether we do? Pink argues that what matters to morality is not in fact the freedom to do otherwise, but something more primitive - a basic capacity or power to determine for ourselves what we do. This capacity might or might not take the form of a freedom to act in more than one way, and it might or might not be compatible with causal determinism. What really matters to morality is that it is we who determine what we do. What we do must not simply be a function of powers or capacities for which we are not responsible, or a matter of mere chance. At the heart of moral responsibility is a distinctive form of power that is quite unlike ordinary causation - a power by which we determine outcomes in a way quite differently from the way ordinary causes determine outcomes. Pink examines how this power is involved in action, and how the nature of action permits the operation of such a power to determine it.
Self-Determination: The Ethics of Action, Volume 1
by Thomas PinkThomas Pink offers a new approach to the problem of free will. Do we have control of how we act, so that we are free to act in more than one way, and does it matter to morality whether we do? Pink argues that what matters to morality is not in fact the freedom to do otherwise, but something more primitive - a basic capacity or power to determine for ourselves what we do. This capacity might or might not take the form of a freedom to act in more than one way, and it might or might not be compatible with causal determinism. What really matters to morality is that it is we who determine what we do. What we do must not simply be a function of powers or capacities for which we are not responsible, or a matter of mere chance. At the heart of moral responsibility is a distinctive form of power that is quite unlike ordinary causation - a power by which we determine outcomes in a way quite differently from the way ordinary causes determine outcomes. Pink examines how this power is involved in action, and how the nature of action permits the operation of such a power to determine it.
Self-Determination and Humanitarian Secession in International Law of a Globalized World: Kosovo v. Crimea
by Juan Francisco Escudero EspinosaThis book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.
Self-Determination and Secession: In Between the Law, Theory and Practice
by Natalija ShikovaThis book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
Self-Determination and Secession in International Law
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Self-Determination as Voice: The Participation of Indigenous Peoples in International Governance
by null Natalie JonesSelf-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.
Self-Determination & Constitution Making in Nepal: Constituent Assembly, Inclusion, & Ethnic Federalism
by Surendra BhandariThis book systematically analyzes why constitutions do not survive in Nepal, despite sixty years of constitutional history. The author discusses the epistemology of ethnic federalism in Nepal and examines the challenges of nation building and post-nation constitutionalism. The work addresses the connection between ethnic identity, right to self-determination, constitution making and state restructuring, offering possible ways forward for Nepal.Chapters consider lessons to be drawn from the past and examine reasons for the abolition of monarchy in Nepal. The book highlights the major problems that the first elected Constituent Assembly (CA) faced in promulgating a new constitution, before it was dissolved in 2012.The concept of right to self-determination and its complexities at the domestic level are all explored, along with ways forward to address the problem of constitutionalism, ethnic federalism and democracy. The author offers solutions as to how the second CA could address problems to promulgate a new constitution.The book elaborates on the role that constitutionalism plays in constitution making and the survival of a constitution.Scholars of politics and international studies, policy makers and those with an interest in law and constitution in Asia will all find this work of interest.