Governing Access to Essential Resources

Governing Access to Essential Resources PDF Author: Katharina Pistor
Publisher: Columbia University Press
ISBN: 0231540760
Category : Business & Economics
Languages : en
Pages : 390

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Book Description
Essential resources do more than satisfy people's needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution. This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one's own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.

Governing Access to Essential Resources

Governing Access to Essential Resources PDF Author: Katharina Pistor
Publisher: Columbia University Press
ISBN: 0231540760
Category : Business & Economics
Languages : en
Pages : 390

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Book Description
Essential resources do more than satisfy people's needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution. This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one's own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.

Governing the Commons

Governing the Commons PDF Author: Elinor Ostrom
Publisher: Cambridge University Press
ISBN: 1107569788
Category : Business & Economics
Languages : en
Pages : 297

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Book Description
Tackles one of the most enduring and contentious issues of positive political economy: common pool resource management.

Just Financial Markets?

Just Financial Markets? PDF Author: Lisa Herzog
Publisher: Oxford University Press
ISBN: 0191072273
Category : Political Science
Languages : en
Pages : 348

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Book Description
Well-functioning financial markets are crucial for the economic well-being and the justice of contemporary societies. The Great Financial Crisis has shown that a perspective that naively trusts in the self-regulating powers of free markets cannot capture what is at stake in understanding and regulating financial markets. The damage done by the Great Financial Crisis, including its distributive consequences, raises serious questions about the justice of financial markets as we know them. This volume brings together leading scholars from political theory, law, and economics in order to explore the relation between justice and financial markets. Broadening the perspective from a purely economic one to a liberal egalitarian one, the volume explores foundational normative questions about how to conceptualize justice in relation to financial markets, the biases in the legal frameworks of financial markets that produce unjust outcomes, and perspectives of justice on specific institutions and practices in contemporary financial markets. Written in a clear and accessible language, the volume presents analyses of how financial markets (should) function and how the Great Financial Crisis came about, proposals for how the structures of financial markets could be reformed, and analysis of why reform is not happening at the speed that would be desirable from a perspective of justice.

The Misery of International Law

The Misery of International Law PDF Author: John Linarelli
Publisher: Oxford University Press
ISBN: 0198753950
Category : Law
Languages : en
Pages : 337

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Book Description
Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.

Redesigning the Global Seed Commons

Redesigning the Global Seed Commons PDF Author: Christine Frison
Publisher: Routledge
ISBN: 1351403214
Category : Law
Languages : en
Pages : 252

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Book Description
There is much current controversy over whether the rights to seeds or plant genetic resources should be owned by the private sector or be common property. This book addresses the legal and policy aspects of the multilateral seed management regime. First, it studies in detail the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) in order to understand and identify its dysfunctions. Second, it proposes solutions - using recent developments of the "theory of the commons" - to improve the collective seed management system of the Treaty, a necessary condition for its member states to reach the overall food security and sustainable agriculture goals. Redesigning the Global Seed Commons provides a significant contribution to the current political and academic debates on agrobiodiversity law and governance, and on food security and food sovereignty, by analyzing key issues under the Treaty that affect the design and implementation of regulatory instruments managing seeds as a commons. It also examines the practical, legal, political and economic problems encountered in the attempt to implement these obligations in contemporary settings. In particular, it considers how to improve the Treaty implementation by proposing ways for Contracting Parties to better reach the Treaty’s objectives taking a holistic view of the human-seed ecosystem. Following the tenth anniversary of the functioning the Treaty’s multilateral system of access and benefit-sharing, which is currently under review by its Contracting Parties, this book is well-timed to examine recent developments in the field and guide the current review process to design a truly Global Seed Commons.

Introduction to Cybersecurity in the Internet of Things

Introduction to Cybersecurity in the Internet of Things PDF Author: Keke Gai
Publisher: CRC Press
ISBN: 100384961X
Category : Computers
Languages : en
Pages : 645

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Book Description
This book addresses the security challenges facing the rapidly growing Internet of Things (IoT) industry, including the potential threats and risks arising from its complex architecture. The authors discuss the overall IoT architecture, covering networking, computing, and security threats and risks to hardware such as sensors, actuators, and portable devices, as well as infrastructure layers. They cover a range of technical concepts such as cryptography, distributed storage, and data transmission, and offer practical advice on implementing security solutions such as authentication and access control. By exploring the future of cybersecurity in the IoT industry, with insights into the importance of big data and the threats posed by data mining techniques, this book is an essential resource for anyone interested in, or working in, the rapidly evolving field of IoT security.

African Perspectives on Genetic Resources

African Perspectives on Genetic Resources PDF Author: Kent Nnadozie
Publisher: Environmental Law Institute
ISBN: 9781585760688
Category : Law
Languages : en
Pages : 366

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Book Description


Analysis of Laws Governing Access Across Federal Lands

Analysis of Laws Governing Access Across Federal Lands PDF Author: United States. Congress. Office of Technology Assessment
Publisher:
ISBN:
Category : Alaska
Languages : en
Pages : 278

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Book Description
Considerations in accessing non-federal lands or transportation systems or providing transportation systems associated with mineral development.

Relational Justice

Relational Justice PDF Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0198876297
Category : Law
Languages : en
Pages : 317

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Book Description
What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution. Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls 'relational justice' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By structuring these interactions in terms requiring parties to respect one another for who they are, private law can cast them as interactions between equals. In the book's first part, the authors set out a normative position they term relational justice, whereby the rules of private law abide by the fundamental maxim of reciprocal respect for self-determination and substantive equality. The second part of the book applies this framework to an analysis of familiar private law doctrinal areas, followed by a third part charting newer areas including workplace safety, poverty, discrimination, and implications for international law. Throughout, the authors show how relational justice theory provides a normative vocabulary for evaluating core features of existing private law, while suggesting directions for necessary or desirable reforms.

Arctic Justice

Arctic Justice PDF Author: Corine Wood-Donnelly
Publisher: Policy Press
ISBN: 1529224837
Category : Political Science
Languages : en
Pages : 213

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Book Description
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. Offering a unique introduction to the study of justice in the European, North American and Russian Arctic, this collection considers the responsibilities and failures of justice for environment and society in the region. Inspired by key thinkers in justice, this book highlights the real and practical consequences of postcolonial legacies, climate change and the regions’ incorporation into the international political economy. The chapters feature liberal, cosmopolitan, feminist, as well as critical justice perspectives from experts with decades of research experience in the Arctic. Moving from a critique of current failures, the collection champions a just and sustainable future for Arctic development and governance.