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Commissions of Inquiry: Problems and Prospects
by Christian HendersonThis timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times the function of CoIs has arguably shifted and broadened so as to provide a form of legal adjudication. This shift in their application merits scrutiny and this edited collection of essays addresses institutional and procedural aspects of CoIs, as well as issues in regards to the application and interpretation of the substantative law applied to them. Essay topics include the relationship of CoIs with, and impact upon, traditional forms of adjudication, the influences of international law upon the work of CoIs, through to issues of procedural fairness. Drawing upon the expertise of scholars working within in the field, it offers an insightful and critical analysis of CoIs.
Commissions of Inquiry: Problems and Prospects
by Christian HendersonThis timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times the function of CoIs has arguably shifted and broadened so as to provide a form of legal adjudication. This shift in their application merits scrutiny and this edited collection of essays addresses institutional and procedural aspects of CoIs, as well as issues in regards to the application and interpretation of the substantative law applied to them. Essay topics include the relationship of CoIs with, and impact upon, traditional forms of adjudication, the influences of international law upon the work of CoIs, through to issues of procedural fairness. Drawing upon the expertise of scholars working within in the field, it offers an insightful and critical analysis of CoIs.
Commitment and Cooperation on High Courts: A Cross-Country Examination of Institutional Constraints on Judges
by Benjamin Alarie Andrew J. GreenJudicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Commitment and Cooperation on High Courts: A Cross-Country Examination of Institutional Constraints on Judges
by Benjamin Alarie Andrew J. GreenJudicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Committed Writings (Penguin Modern Classics)
by Albert Camus'To create today means to create dangerously'This new collection contains some of Camus' most brilliant political writing as he reflects on moral responsibility and the role of the artist in the world. Letters to a German Friend, written and published underground during the Nazi occupation of France, was born out of Camus' experience in the Resistance and explores what it truly means to love your country. Reflections on the Guillotine, his impassioned polemic against the death penalty, became a touchstone for the movement to abolish capital punishment, while in his Nobel speeches Camus argues that the artist must engage with dangerous times. Together these powerful pieces express Camus' mistrust of rigid ideologies, and his commitment to human solidarity. 'Probably no European writer of his time left so deep a mark on the imagination' Conor Cruise O'Brien
The Committee on the Rights of Persons with Disabilities: Law and Practice
by Valentina Della FinaThe book focuses on the modus operandi of the Committee on the Rights of Persons with Disabilities (CRPD Committee), the Convention on the Rights of Persons with Disabilities (CRPD) monitoring body, and its main tasks, namely monitoring functions and interpreting the CRPD provisions. Unlike other doctrinal contributions, it analyses all aspects of the CRPD Committee, including those of an institutional nature (membership, sessions, methods of voting, relationships with other organs, and others).The target audience of the book is composed of academics and students of international human rights law. Furthermore, it serves as a guide for civil servants, NGOs, DPOs, practitioners and other stakeholders involved in implementing disability rights.
Committees of Influence: Parliamentary Rights Scrutiny and Counter-Terrorism Lawmaking in Australia
by Sarah MouldsThis book includes original and ground breaking research into parliamentary law making and legislative responses to counter-terrorism in Australia. This book introduces new, holistic and evidenced-based methods of evaluating how parliaments deliberate on complex policy issues, and how they weigh up competing rights and interests. Although this book is focused on the Australian experience, it has relevance across all parliamentary democracies grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism. This book will be of relevance and interest to law makers, government administrators and public servants, law enforcement and intelligence agencies, political and legal scholars, law students and members of the legal profession.This book is designed to provide a unique, evidence-based perspective on Australia's parliamentary model of rights protection and on the experience of counter-terrorism law making in Australia since 2011. By focusing on the role and impact of the federal parliamentary committee system, this book offers a fresh perspective on the contemporary legal and political debate on the best legal mechanism for rights protection in Australia. By using counter-terrorism laws as a detailed case study, this book also contributes in a timely, authoritative way to the debate on balancing individual liberties with national security. Using a contemporary case study of Australia's counter-terrorism, this book employs a unique, three tiered methodology to explore the impact of the system of parliamentary committees system on federal laws. The findings in this book give rise to practical recommendations for reform and provide a fresh new perspectives on Australia's parliamentary model of rights protection. This book has broad implications for rights scholars and rights advocates contemplating new models of rights protection in Australia. This book offers important practical insights to other jurisdictions grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism.
The Commodification of Farm Animals (Animal Welfare #21)
by Sophie RileyThis book examines how the developments in veterinary science, philosophy, economics and law converged during the nineteenth and early twentieth centuries to entrench farm animals along a commodification pathway. It covers two neglected areas of study; the importance of international veterinary conferences to domestic regimes and the influence of early global treaties that dealt with animal health on domestic quarantine measures. The author concludes by arguing that society needs to reconsider its understanding and the place of the welfare paradigm in animal production systems. As it presently stands, this paradigm can be used to justify almost any self-serving reason to abrogate ethical principles.The topic of this book will appeal to a wide readership; not only scholars, students and educators but also people involved in animal production, interested parties and experts in the animal welfare and animal rights sector, as well as policy-makers and regulators, who will find this work informative and thought-provoking.
Commodity and Resource Policies in Agricultural Systems (Agricultural Management and Economics)
by Richard E. Just Nancy BockstaelAgricultural, natural resource, and environmental problems are becom ing increasingly interdependent. For example, soil erosion is largely determined by agricultural land use. Both water use and water con tamination depend on land use and technology choice in agriculture. In many areas, the fertilizers and pesticides used in agriculture are ma jor pollutants of ground and surface water, having adverse effects on drinking water and fisheries. Agricultural pollutants such as pesticides also produce adverse health effects for agricultural workers and the consuming public. On the other hand, the availability of water resources and the value of competing land uses influence agricultural production. Additionally, regional air quality problems may affect crops and global environmental trends may have long-term implica tions for farming. Agriculture, natural resources and environmental quality are all heavily regulated in the U. S. , but they are done so by a vast array of competing or unrelated agencies within the U. S. Departments of Agriculture, Interior, and Commerce, the Environmental Protection Agency; and numerous state agencies. Considering the large number of bureaucratically remote public agencies involved and the pervasive in terdependencies between agriculture, natural resources and the environ ment, policies develop which are at best uncoordinated and at worst conflicting and counterproductive. These policies have become sources of controversy as different interest groups struggle to affect their im plementation, as different agencies have fought for administrative con trol and as legislative bodies have attempted to enact piecemeal changes.
Commodity & Propriety: Competing Visions of Property in American Legal Thought, 1776-1970
by Gregory S. AlexanderMost people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
Commodity & Propriety: Competing Visions of Property in American Legal Thought, 1776-1970
by Gregory S. AlexanderMost people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
Commodity & Propriety: Competing Visions of Property in American Legal Thought, 1776-1970 (Textual Sources For The Study Of Religion Ser.)
by Gregory S. AlexanderMost people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
Commodity Trade and Finance (The Grammenos Library)
by Michael TamvakisWhat affects the supply of oil? How important is the weather in determining grain prices? Why has the price of copper skyrocketed? This unique book analyses the economics of key commodity groups, including energy, agriculture and metals. It examines the supply/demand fundamentals of several major and minor commodities, physical characteristics, production and consumption patterns, trade flows and pricing mechanisms. It also explains the main tools used to hedge price risk, such as futures, options and swaps. This second edition has been fully revised and restructured, and contains four new chapters, including oil refining, electricity and price risk management for energy, metals and agricultural commodities This book is an indispensable reference text for students, academics and those working in the commodity business.
Commodity Trade and Finance (The Grammenos Library)
by Michael TamvakisWhat affects the supply of oil? How important is the weather in determining grain prices? Why has the price of copper skyrocketed? This unique book analyses the economics of key commodity groups, including energy, agriculture and metals. It examines the supply/demand fundamentals of several major and minor commodities, physical characteristics, production and consumption patterns, trade flows and pricing mechanisms. It also explains the main tools used to hedge price risk, such as futures, options and swaps. This second edition has been fully revised and restructured, and contains four new chapters, including oil refining, electricity and price risk management for energy, metals and agricultural commodities This book is an indispensable reference text for students, academics and those working in the commodity business.
Common: On Revolution in the 21st Century
by Pierre Dardot Christian Laval Dr Imre SzemanAround the globe, contemporary protest movements are contesting the oligarchic appropriation of natural resources, public services, and shared networks of knowledge and communication. These struggles raise the same fundamental demand and rest on the same irreducible principle: the common.In this exhaustive account, Pierre Dardot and Christian Laval show how the common has become the defining principle of alternative political movements in the 21st century. In societies deeply shaped by neoliberal rationality, the common is increasingly invoked as the operative concept of practical struggles creating new forms of democratic governance. In a feat of analytic clarity, Dardot and Laval dissect and synthesize a vast repository on the concept of the commons, from the fields of philosophy, political theory, economics, legal theory, history, theology, and sociology.Instead of conceptualizing the common as an essence of man or as inherent in nature, the thread developed by Dardot and Laval traces the active lives of human beings: only a practical activity of commoning can decide what will be shared in common and what rules will govern the common's citizen-subjects. This re-articulation of the common calls for nothing less than the institutional transformation of society by society: it calls for a revolution.
Common: On Revolution in the 21st Century
by Pierre Dardot Christian Laval Imre SzemanAround the globe, contemporary protest movements are contesting the oligarchic appropriation of natural resources, public services, and shared networks of knowledge and communication. These struggles raise the same fundamental demand and rest on the same irreducible principle: the common.In this exhaustive account, Pierre Dardot and Christian Laval show how the common has become the defining principle of alternative political movements in the 21st century. In societies deeply shaped by neoliberal rationality, the common is increasingly invoked as the operative concept of practical struggles creating new forms of democratic governance. In a feat of analytic clarity, Dardot and Laval dissect and synthesize a vast repository on the concept of the commons, from the fields of philosophy, political theory, economics, legal theory, history, theology, and sociology.Instead of conceptualizing the common as an essence of man or as inherent in nature, the thread developed by Dardot and Laval traces the active lives of human beings: only a practical activity of commoning can decide what will be shared in common and what rules will govern the common's citizen-subjects. This re-articulation of the common calls for nothing less than the institutional transformation of society by society: it calls for a revolution.
The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements: Regulatory and Policy Aspects
by Philippos C. Spyropoulos Theodore P. FortsakisThe Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements
The Common Cause: Postcolonial Ethics and the Practice of Democracy, 1900-1955
by Leela GandhiEuropeans and Americans tend to hold the opinion that democracy is a uniquely Western inheritance, but in The Common Cause, Leela Gandhi recovers stories of an alternate version, describing a transnational history of democracy in the first half of the twentieth century through the lens of ethics in the broad sense of disciplined self-fashioning. Gandhi identifies a shared culture of perfectionism across imperialism, fascism, and liberalism—an ethic that excluded the ordinary and unexceptional. But, she also illuminates an ethic of moral imperfectionism, a set of anticolonial, antifascist practices devoted to ordinariness and abnegation that ranged from doomed mutinies in the Indian military to Mahatma Gandhi’s spiritual discipline. Reframing the way we think about some of the most consequential political events of the era, Gandhi presents moral imperfectionism as the lost tradition of global democratic thought and offers it to us as a key to democracy’s future. In doing so, she defends democracy as a shared art of living on the other side of perfection and mounts a postcolonial appeal for an ethics of becoming common.
The Common Cause: Postcolonial Ethics and the Practice of Democracy, 1900-1955
by Leela GandhiEuropeans and Americans tend to hold the opinion that democracy is a uniquely Western inheritance, but in The Common Cause, Leela Gandhi recovers stories of an alternate version, describing a transnational history of democracy in the first half of the twentieth century through the lens of ethics in the broad sense of disciplined self-fashioning. Gandhi identifies a shared culture of perfectionism across imperialism, fascism, and liberalism—an ethic that excluded the ordinary and unexceptional. But, she also illuminates an ethic of moral imperfectionism, a set of anticolonial, antifascist practices devoted to ordinariness and abnegation that ranged from doomed mutinies in the Indian military to Mahatma Gandhi’s spiritual discipline. Reframing the way we think about some of the most consequential political events of the era, Gandhi presents moral imperfectionism as the lost tradition of global democratic thought and offers it to us as a key to democracy’s future. In doing so, she defends democracy as a shared art of living on the other side of perfection and mounts a postcolonial appeal for an ethics of becoming common.
The Common Cause: Postcolonial Ethics and the Practice of Democracy, 1900-1955
by Leela GandhiEuropeans and Americans tend to hold the opinion that democracy is a uniquely Western inheritance, but in The Common Cause, Leela Gandhi recovers stories of an alternate version, describing a transnational history of democracy in the first half of the twentieth century through the lens of ethics in the broad sense of disciplined self-fashioning. Gandhi identifies a shared culture of perfectionism across imperialism, fascism, and liberalism—an ethic that excluded the ordinary and unexceptional. But, she also illuminates an ethic of moral imperfectionism, a set of anticolonial, antifascist practices devoted to ordinariness and abnegation that ranged from doomed mutinies in the Indian military to Mahatma Gandhi’s spiritual discipline. Reframing the way we think about some of the most consequential political events of the era, Gandhi presents moral imperfectionism as the lost tradition of global democratic thought and offers it to us as a key to democracy’s future. In doing so, she defends democracy as a shared art of living on the other side of perfection and mounts a postcolonial appeal for an ethics of becoming common.
The Common Cause: Postcolonial Ethics and the Practice of Democracy, 1900-1955
by Leela GandhiEuropeans and Americans tend to hold the opinion that democracy is a uniquely Western inheritance, but in The Common Cause, Leela Gandhi recovers stories of an alternate version, describing a transnational history of democracy in the first half of the twentieth century through the lens of ethics in the broad sense of disciplined self-fashioning. Gandhi identifies a shared culture of perfectionism across imperialism, fascism, and liberalism—an ethic that excluded the ordinary and unexceptional. But, she also illuminates an ethic of moral imperfectionism, a set of anticolonial, antifascist practices devoted to ordinariness and abnegation that ranged from doomed mutinies in the Indian military to Mahatma Gandhi’s spiritual discipline. Reframing the way we think about some of the most consequential political events of the era, Gandhi presents moral imperfectionism as the lost tradition of global democratic thought and offers it to us as a key to democracy’s future. In doing so, she defends democracy as a shared art of living on the other side of perfection and mounts a postcolonial appeal for an ethics of becoming common.
The Common Cause: Postcolonial Ethics and the Practice of Democracy, 1900-1955
by Leela GandhiEuropeans and Americans tend to hold the opinion that democracy is a uniquely Western inheritance, but in The Common Cause, Leela Gandhi recovers stories of an alternate version, describing a transnational history of democracy in the first half of the twentieth century through the lens of ethics in the broad sense of disciplined self-fashioning. Gandhi identifies a shared culture of perfectionism across imperialism, fascism, and liberalism—an ethic that excluded the ordinary and unexceptional. But, she also illuminates an ethic of moral imperfectionism, a set of anticolonial, antifascist practices devoted to ordinariness and abnegation that ranged from doomed mutinies in the Indian military to Mahatma Gandhi’s spiritual discipline. Reframing the way we think about some of the most consequential political events of the era, Gandhi presents moral imperfectionism as the lost tradition of global democratic thought and offers it to us as a key to democracy’s future. In doing so, she defends democracy as a shared art of living on the other side of perfection and mounts a postcolonial appeal for an ethics of becoming common.
The Common Cause: Postcolonial Ethics and the Practice of Democracy, 1900-1955
by Leela GandhiEuropeans and Americans tend to hold the opinion that democracy is a uniquely Western inheritance, but in The Common Cause, Leela Gandhi recovers stories of an alternate version, describing a transnational history of democracy in the first half of the twentieth century through the lens of ethics in the broad sense of disciplined self-fashioning. Gandhi identifies a shared culture of perfectionism across imperialism, fascism, and liberalism—an ethic that excluded the ordinary and unexceptional. But, she also illuminates an ethic of moral imperfectionism, a set of anticolonial, antifascist practices devoted to ordinariness and abnegation that ranged from doomed mutinies in the Indian military to Mahatma Gandhi’s spiritual discipline. Reframing the way we think about some of the most consequential political events of the era, Gandhi presents moral imperfectionism as the lost tradition of global democratic thought and offers it to us as a key to democracy’s future. In doing so, she defends democracy as a shared art of living on the other side of perfection and mounts a postcolonial appeal for an ethics of becoming common.
Common Commercial Policy after Lisbon (European Yearbook of International Economic Law)
by Marc Bungenberg and Christoph HerrmannSince the beginning of the process of European integration the EU Common Commercial Policy (CCP) has been one of the most dynamic political fields. The EU has achieved a leading role among the economic superpowers and is regarded as a single economic area in which the EU speaks also on behalf of its Member States for most aspects of external economic politics. This volume analyzes the implications of the Treaty of Lisbon for the Common Commercial Policy of the EU. The Lisbon Treaty has declared all matters concerning external commercial policy as exclusive competences of the EU. Which consequences does this have for the Member States of the EU? With regard to institutional modifications, the Lisbon Treaty has significantly strengthened the role of the European Parliament and has substantially changed the role of the ‘High Representative of the Union for Foreign Affairs and Security Policy’ (HR). Further topics of this volume are the new normative framework of the CCP, inter alia the linkage of the CCP to the general objectives for the EU’s external actions and its dependence on secondary legislation, as well as investment policy now being part of the CCP.
Common Concern of Humankind im Völkerrecht (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #289)
by Oliver StrankDieses Buch untersucht die philosophischen Grundlagen und die geschichtliche Entwicklung des common concern of humankind-Begriffs und seine Rechtswirkungen im Völkerrecht. Hierbei wird das Prinzip in den Bestand des Umweltvölkerrechts eingeordnet und sein Verhältnis zum Grundsatz der Staatensouveränität untersucht. Außerdem wird das common concern-Prinzip vom common heritage-Prinzip abgegrenzt und völkerrechtstheoretisch dargelegt, welche Wirkung es als Prinzip innerhalb und außerhalb der von ihm erfassten Regime entfaltet. Der Autor begründet, dass mit der Verankerung des common concern of humankind-Prinzips in der Klimarahmenkonvention und im Pariser Abkommen sowie in der Biodiversitätskonvention die dort enthaltenen Umweltschutzpflichten zu solchen gegenüber der Staatengemeinschaft als Ganzes geworden sind, sodass sich alle Vertragsstaaten - unabhängig von einer eigenen Betroffenheit - gegenüber allen anderen Vertragsstaaten auf ihre Erfüllung berufen können und eine Klagebefugnis vor dem Internationalen Gerichtshof haben.