Author: Francesco Sindico
Publisher: Springer Nature
ISBN: 3030468828
Category : Law
Languages : en
Pages : 615
Book Description
This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
Comparative Climate Change Litigation: Beyond the Usual Suspects
Author: Francesco Sindico
Publisher: Springer Nature
ISBN: 3030468828
Category : Law
Languages : en
Pages : 615
Book Description
This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
Publisher: Springer Nature
ISBN: 3030468828
Category : Law
Languages : en
Pages : 615
Book Description
This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
Risk, Global Governance and Security
Author: Yee-Kuang Heng
Publisher: Routledge
ISBN: 1134028946
Category : History
Languages : en
Pages : 413
Book Description
This book applies risk society theory to the 'War on Terror', steering the discussion away from the militaristic discourse of the Bush era towards an emphasis on global cooperation and a new cosmopolitan agenda. The literature and rhetoric of the 'War on Terror' has been dominated by dramatic high-profile military campaigns and division in the international community. This overlooks the various multilateral practices and cooperative processes that are emerging to combat global terrorism. President Bush himself had initially been at pains to stress that his 'war' on terror would be like no other; it would involve not just military tools but financial, intelligence, police and diplomatic measures too. More than eight years later, the time is right for an in-depth evaluation of this 'other' war on terror. Yet these relatively mundane regulatory dimensions have received much less attention than the 'hot' wars in Afghanistan and Iraq, where ongoing difficulties suggest that military force alone is inadequate in controlling globalised terrorism. This book aims to redress this imbalance, by foregrounding these initiatives, tracing their implementation and reflecting on the implications for International Relations. Adopting an analytical approach that seeks to incorporate theories of risk, global governance and security, this book aims to explore the overlapping multi-level and multi-lateral dynamics of the emerging global security architecture which have remained neglected and unmapped thus far in the war on terror. This book will be of interest to students of risk politics, security studies, global governance and IR in general. Yee-Kuang Heng is Lecturer in International Relations, University of St Andrews, UK. Kenneth McDonagh is Lecturer in International Relations in the School of Law and Government, Dublin City University.
Publisher: Routledge
ISBN: 1134028946
Category : History
Languages : en
Pages : 413
Book Description
This book applies risk society theory to the 'War on Terror', steering the discussion away from the militaristic discourse of the Bush era towards an emphasis on global cooperation and a new cosmopolitan agenda. The literature and rhetoric of the 'War on Terror' has been dominated by dramatic high-profile military campaigns and division in the international community. This overlooks the various multilateral practices and cooperative processes that are emerging to combat global terrorism. President Bush himself had initially been at pains to stress that his 'war' on terror would be like no other; it would involve not just military tools but financial, intelligence, police and diplomatic measures too. More than eight years later, the time is right for an in-depth evaluation of this 'other' war on terror. Yet these relatively mundane regulatory dimensions have received much less attention than the 'hot' wars in Afghanistan and Iraq, where ongoing difficulties suggest that military force alone is inadequate in controlling globalised terrorism. This book aims to redress this imbalance, by foregrounding these initiatives, tracing their implementation and reflecting on the implications for International Relations. Adopting an analytical approach that seeks to incorporate theories of risk, global governance and security, this book aims to explore the overlapping multi-level and multi-lateral dynamics of the emerging global security architecture which have remained neglected and unmapped thus far in the war on terror. This book will be of interest to students of risk politics, security studies, global governance and IR in general. Yee-Kuang Heng is Lecturer in International Relations, University of St Andrews, UK. Kenneth McDonagh is Lecturer in International Relations in the School of Law and Government, Dublin City University.
Evaluating Counterterrorism Performance
Author: Beatrice de Graaf
Publisher: Routledge
ISBN: 1136806555
Category : History
Languages : en
Pages : 377
Book Description
This book offers a new model for measuring the success and impact of counterterrorism strategies, using four comparative historical case studies. The effectiveness of counterterrorism measures is hard to assess, especially since the social impact of terrorist attacks is a fundamental and complex issue. This book focuses on the impact of counterterrorist measures by introducing the concept of the performative power of counterterrorism: the extent to which governments mobilize public and political support - thereby sometimes even unwittingly assisting terrorists in creating social drama. The concept is applied to counterterrorism in the Netherlands, Italy, the Federal Republic of Germany and the United States in the 1970s. Based on in-depth case study research using new primary sources and interviews with counterterrorist officials and radicals, a correlation is established between a low level of performative power and a decline of terrorist incidents. This is explored in terms of the link between social drama (as enhanced by counterterrorist measures) and ongoing radicalization processes. This book demonstrates that an increase in visible and intrusive counterterrorist measures does not automatically lead to a more effective form of counterterrorism. In the open democracies of the west, not transforming counterterrorism into a performance of power and repression is at least as important as counterterrorism measures themselves. This book will be of much interest to students of terrorism and counter-terrorism, discourse analysis, media and communication studies, conflict studies and IR/Security Studies in general.
Publisher: Routledge
ISBN: 1136806555
Category : History
Languages : en
Pages : 377
Book Description
This book offers a new model for measuring the success and impact of counterterrorism strategies, using four comparative historical case studies. The effectiveness of counterterrorism measures is hard to assess, especially since the social impact of terrorist attacks is a fundamental and complex issue. This book focuses on the impact of counterterrorist measures by introducing the concept of the performative power of counterterrorism: the extent to which governments mobilize public and political support - thereby sometimes even unwittingly assisting terrorists in creating social drama. The concept is applied to counterterrorism in the Netherlands, Italy, the Federal Republic of Germany and the United States in the 1970s. Based on in-depth case study research using new primary sources and interviews with counterterrorist officials and radicals, a correlation is established between a low level of performative power and a decline of terrorist incidents. This is explored in terms of the link between social drama (as enhanced by counterterrorist measures) and ongoing radicalization processes. This book demonstrates that an increase in visible and intrusive counterterrorist measures does not automatically lead to a more effective form of counterterrorism. In the open democracies of the west, not transforming counterterrorism into a performance of power and repression is at least as important as counterterrorism measures themselves. This book will be of much interest to students of terrorism and counter-terrorism, discourse analysis, media and communication studies, conflict studies and IR/Security Studies in general.
Democratization and Market Reform in Developing and Transitional Countries
Author: James G. McGann
Publisher: Routledge
ISBN: 1135224927
Category : Political Science
Languages : en
Pages : 236
Book Description
This book explores the pivotal role of think tanks in the democratization and economic reform movements by evaluating their overall effect on the transformation process in developing and transitional countries around the world. James G. McGann assesses twenty-three think tanks, located in nine countries and four regions of the world: Chile, Peru, Poland, Slovakia, South Africa, Botswana, the Philippines, Thailand, and Vietnam, that have most impacted political and economic transitions in their respective countries. The author examines the role they played in the process of democratization and market reform during the late 80s and 90s and identifies the importance of think tanks in these processes by evaluating their overall effect on the policymaking process. He argues in the early stages of a transition from an authoritarian regime to an open and democratic society the activities of think tanks are especially critical, and they have provided a civil society safety net to support these fragile democracies. This book will be of interest to students and scholars of political science, democratization, development, economic development and civil society.
Publisher: Routledge
ISBN: 1135224927
Category : Political Science
Languages : en
Pages : 236
Book Description
This book explores the pivotal role of think tanks in the democratization and economic reform movements by evaluating their overall effect on the transformation process in developing and transitional countries around the world. James G. McGann assesses twenty-three think tanks, located in nine countries and four regions of the world: Chile, Peru, Poland, Slovakia, South Africa, Botswana, the Philippines, Thailand, and Vietnam, that have most impacted political and economic transitions in their respective countries. The author examines the role they played in the process of democratization and market reform during the late 80s and 90s and identifies the importance of think tanks in these processes by evaluating their overall effect on the policymaking process. He argues in the early stages of a transition from an authoritarian regime to an open and democratic society the activities of think tanks are especially critical, and they have provided a civil society safety net to support these fragile democracies. This book will be of interest to students and scholars of political science, democratization, development, economic development and civil society.
Fact-finding in Civil Litigation
Author: Rijk Remme Verkerk
Publisher:
ISBN: 9789400000742
Category : Actions and defenses
Languages : en
Pages : 0
Book Description
In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values
Publisher:
ISBN: 9789400000742
Category : Actions and defenses
Languages : en
Pages : 0
Book Description
In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values
Women and Politics in Asia
Author: Andrea Fleschenberg
Publisher: LIT Verlag Münster
ISBN: 3643900996
Category : Political Science
Languages : en
Pages : 180
Book Description
Why study the nexus of gender, politics, and democracy in Asia? What kind of democracy and political participation can we conceptualize and identify for this heterogeneous region? In the increasingly visible Asian context, which concepts, contexts, discourses, and practices do we need to reflect upon most in order to understand the complex relationship between gender and democratic processes? The contributions in this book engage with precisely these crucial questions, and do so by drawing on a variety of case studies covering India, Malaysia, Indonesia, and Cambodia. In the process, they scrutinize women's roles, strategies, practices, and discourses on political participation and gender-inclusive political reform in various arenas of political engagement. The book's essays range from studies of political actors and institutions, public policy and gender mainstreaming, political theory and citizenship discourses, to the study of various women's movements. (Series: Politikwissenschaftliche Perspektiven - Vol. 15)
Publisher: LIT Verlag Münster
ISBN: 3643900996
Category : Political Science
Languages : en
Pages : 180
Book Description
Why study the nexus of gender, politics, and democracy in Asia? What kind of democracy and political participation can we conceptualize and identify for this heterogeneous region? In the increasingly visible Asian context, which concepts, contexts, discourses, and practices do we need to reflect upon most in order to understand the complex relationship between gender and democratic processes? The contributions in this book engage with precisely these crucial questions, and do so by drawing on a variety of case studies covering India, Malaysia, Indonesia, and Cambodia. In the process, they scrutinize women's roles, strategies, practices, and discourses on political participation and gender-inclusive political reform in various arenas of political engagement. The book's essays range from studies of political actors and institutions, public policy and gender mainstreaming, political theory and citizenship discourses, to the study of various women's movements. (Series: Politikwissenschaftliche Perspektiven - Vol. 15)
The Interaction between World Trade Organisation (WTO) Law and External International Law
Author: Ronnie R.F. Yearwood
Publisher: Routledge
ISBN: 1136663592
Category : Business & Economics
Languages : en
Pages : 266
Book Description
International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.
Publisher: Routledge
ISBN: 1136663592
Category : Business & Economics
Languages : en
Pages : 266
Book Description
International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.
Sovereignty and Jurisdiction in Airspace and Outer Space
Author: Gbenga Oduntan
Publisher: Routledge
ISBN: 1136662901
Category : Law
Languages : en
Pages : 398
Book Description
Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.
Publisher: Routledge
ISBN: 1136662901
Category : Law
Languages : en
Pages : 398
Book Description
Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.
Global Modernity, Development, and Contemporary Civilization
Author: José Maurício Domingues
Publisher: Routledge
ISBN: 1136576940
Category : Social Science
Languages : en
Pages : 288
Book Description
This book investigates modern global civilization, offering an alternative to post-colonial theories and the "multiple modernities" approach (as well as the civilizational theory linked to it). It argues that modernity has become a global civilization that is heterogeneous and intertwined with other civilizations, and also aims at a renewal of critical theory that is not US-centric and Eurocentric, focusing instead on China, South Asia (India) and Latin America (Brazil). Dealing with the themes of centre-periphery relations, complexity (including culture and religion), democracy and emancipatory possibilities, this book is based on general theoretical ideas such as collective subjectivity, the interplay of memory and creativity, and the concept of "modernizing moves," so as to deal with historical contingency.
Publisher: Routledge
ISBN: 1136576940
Category : Social Science
Languages : en
Pages : 288
Book Description
This book investigates modern global civilization, offering an alternative to post-colonial theories and the "multiple modernities" approach (as well as the civilizational theory linked to it). It argues that modernity has become a global civilization that is heterogeneous and intertwined with other civilizations, and also aims at a renewal of critical theory that is not US-centric and Eurocentric, focusing instead on China, South Asia (India) and Latin America (Brazil). Dealing with the themes of centre-periphery relations, complexity (including culture and religion), democracy and emancipatory possibilities, this book is based on general theoretical ideas such as collective subjectivity, the interplay of memory and creativity, and the concept of "modernizing moves," so as to deal with historical contingency.
The EU and the Domestic Politics of Welfare State Reforms
Author: Paolo Graziano
Publisher: Springer
ISBN: 0230307620
Category : Political Science
Languages : en
Pages : 352
Book Description
This book focuses on the relationship between European integration, its outputs and national institutional and political settings. It explores the political mechanisms through which the EU plays a role in domestic social policy changes.
Publisher: Springer
ISBN: 0230307620
Category : Political Science
Languages : en
Pages : 352
Book Description
This book focuses on the relationship between European integration, its outputs and national institutional and political settings. It explores the political mechanisms through which the EU plays a role in domestic social policy changes.