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The Reformation of the Constitution: Law, Culture and Conflict in Jacobean England
by Professor Ian WardThis book revisits one of the defining judicial engagements in English legal history. It provides a fresh account of the years 1606 to 1616 which witnessed a series of increasingly volatile confrontations between, on the one side, King James I and his Attorney-General, Sir Francis Bacon, and on the other, Sir Edward Coke, successively Chief Justice of Common Pleas and Lord Chief Justice. At the heart of the dispute were differing opinions regarding the nature of kingship and the reach of prerogative in reformation England. Appreciating the longer context, in the summer of 1616 King James appealed for a reformation of law and constitution to complement the reformation of his Church. Later historians would discern in these debates the seeding of a century of revolution, followed by another four centuries of reform. This book ventures the further thought that the arguments which echoed around Westminster Hall in the first years of the seventeenth century have lost little of their resonance half a millennium on. Breaks with Rome are little easier to 'get done', the margins of executive governance little easier to draw.
Criminal Law Reform Now, Volume 2: Proposals and Critique
If you could change one part of the criminal law, what would it be? Following the success of the 1st volume, the same question is put to a new selection of leading academics and practitioners.The first eight chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including corporate liability, consent to bodily harms, prostitution, domestic abuse, economic crimes, defendant anonymity, appeal court structures and the procedures of the Criminal Cases Review Commission.Each chapter is followed by a comment from a different author, providing an additional expert view on each proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, from the challenges of decriminalisation to exploring the systemic dynamics of centralisation, austerity and politicisation. The collection highlights and explores the current reform debates that matter most to legal experts, with each chapter making a positive case for change.
The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (Studies in International Law)
by Felix FouchardThis book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically.As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.
The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (Studies in International Law)
by Felix FouchardThis book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically.As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.
Data Protection and Privacy, Volume 16: Ideas That Drive Our Digital World (Computers, Privacy and Data Protection)
by Hideyuki Matsumi, Dara Hallinan, Diana Dimitrova, Eleni Kosta and Paul De HertThis book explores the complexity and depths of our digital world by providing a selection of analyses and discussions from the 16th annual international conference on Computers, Privacy and Data Protection (CPDP): Ideas that Drive Our Digital World. The first half of the book focuses on issues related to the GDPR and data. These chapters provide a critical analysis of the 5-year history of the complex GDPR enforcement system, covering: codes of conduct as a potential co-regulation instrument for the market; an interdisciplinary approach to privacy assessment on synthetic data; the ethical implications of secondary use of publicly available personal data; and automating technologies and GDPR compliance.The second half of the book shifts focus to novel issues and ideas that drive our digital world. The chapters offer analyses on social and environmental sustainability of smart cities; reconstructing states as information platforms; stakeholder identification using the example of video-based Active and Assisted Living (AAL); and a human-centred approach to dark patterns.This interdisciplinary book takes readers on an intellectual journey into a wide range of issues and cutting-edge ideas to tackle our ever-evolving digital landscape.
Data Protection and Privacy, Volume 16: Ideas That Drive Our Digital World (Computers, Privacy and Data Protection)
This book explores the complexity and depths of our digital world by providing a selection of analyses and discussions from the 16th annual international conference on Computers, Privacy and Data Protection (CPDP): Ideas that Drive Our Digital World. The first half of the book focuses on issues related to the GDPR and data. These chapters provide a critical analysis of the 5-year history of the complex GDPR enforcement system, covering: codes of conduct as a potential co-regulation instrument for the market; an interdisciplinary approach to privacy assessment on synthetic data; the ethical implications of secondary use of publicly available personal data; and automating technologies and GDPR compliance.The second half of the book shifts focus to novel issues and ideas that drive our digital world. The chapters offer analyses on social and environmental sustainability of smart cities; reconstructing states as information platforms; stakeholder identification using the example of video-based Active and Assisted Living (AAL); and a human-centred approach to dark patterns.This interdisciplinary book takes readers on an intellectual journey into a wide range of issues and cutting-edge ideas to tackle our ever-evolving digital landscape.
The Borders of the European Union in a Conflictual World: Interdisciplinary European Studies
by Antonina Bakardjieva Engelbrekt Per Ekman Anna Michalski Lars OxelheimThis open access book examines the implications for the EU of a radically changed international context characterized by systemic rivalry, competition over norms and regulations, and growing strategic tension. Globalization that once tied national economies together and internationalized social phenomena, such as education, research and innovation, and tourism, has gone in reverse. An opposite trend is driving the world into distinct spheres of competing models of governance, regulation, technological development, and communication. Facing the most extensive rupture of economic and inter-state relations since the onset of the Cold War, the management of the EU’s internal and external borders is taking on a completely new meaning. The open access book brings together scholars from economics, law, and political science to provide up dated assessments and policy advice on the insecurity in the neighborhood and war in Ukraine, the EU’s role in the future European security architecture,weaponized energy dependence, and the global competition on norms.
Ecological Democracy: Caring for the Earth in the Anthropocene (Routledge Explorations in Environmental Studies)
by Odin LysakerEcological Democracy offers an original, thought-provoking, and engaging treatment of why and how democracy should be re-imagined in reaction to today’s ecological crisis. The book explains that one need to re-imagine both the view on nature and democratic ideals within the same framework in the Anthropocene, the present geological epoch of human-made instability in the Earth system and its planetary boundaries. This book proposes unique and challenging readings of green political theory and its development of ecological democracy in the last four decades. The book is the first to offer a systematic and detailed interpretation of the role of critical theory vis-à-vis green political theory through an update regarding current non-anthropocentric critical theorists and how they may contribute to the further development of ecological democracy. Ecological Democracy builds further on deep ecology, ecophenomenology, and animism by articulating an ecocentric view on nature which defends an intrinsic moral value of all existence as well as formulating the democratic principle of all ecologically affected parties.This book provides a sophisticated, convincing, and accessible argument for how to re-imagine ecological democracy as ecocentrism in practice: ecological love. To love ecologically means caring for and encountering all existence on the Earth and in the cosmos. This book is multi-disciplinary and will be of great value to researchers as well as undergraduate and postgraduate students from many disciplines.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.
Latin America and Refugee Protection: Regimes, Logics, and Challenges (Forced Migration #41)
by Liliana Lyra Jubilut Marcia Vera Espinoza Gabriela MezzanottiLooking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years. It analyses Latin America’s main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America’s protection of refugees.
The Ethos of History: Time and Responsibility (Making Sense of History #34)
by Stefan Helgesson Jayne SvenungssonAt a time when rapidly evolving technologies, political turmoil, and the tensions inherent in multiculturalism and globalization are reshaping historical consciousness, what is the proper role for historians and their work? By way of an answer, the contributors to this volume offer up an illuminating collective meditation on the idea of ethos and its relevance for historical practice. These intellectually adventurous essays demonstrate how ethos—a term evoking a society’s “fundamental character” as well as an ethical appeal to knowledge and commitment—can serve as a conceptual lodestar for history today, not only as a narrative, but as a form of consciousness and an ethical-political orientation.
Taming the Machine: Ethically Harness the Power of AI
by Nell WatsonAI promises to transform our world, supercharging productivity and driving new innovations. Taming the Machine uncovers how you can responsibly harness the power of AI with confidence.AI has the potential to become a personal assistant, a creative partner, an editor and a research tool all at once. But it also represents a threat to your livelihood, data and privacy. Taming the Machine offers the practical insights and knowledge you need to work with AI with an ethical and responsible approach.In this book, celebrated AI expert and ethicist Nell Watson offers practical insights on how you can ethically innovate with AI. It delves into the ethical issues of unbridled AI, highlighting the challenges that it will bring to society and business unless we fortify cybersecurity, safeguard our data, and understand the dangerous potential of artificial intelligence.Step into the future and supercharge your performance safely by Taming the Machine.
The Role of Law in China’s Economic Development, 1978–2011: A Study in Law and Political Economy
by Jia HuThis book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits.By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity.Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.
African Women’s Liberating Philosophies, Theologies, and Ethics
by Beatrice Okyere-Manu Léocadie LushomboThis volume explores the ethical and philosophical paradigms presented by most of the influential Matriarchs of the Circle of African Women Theologians. It critically evaluates the effectiveness of their ethical and philosophical theories, models, and frameworks in pursuing justice and liberation for women in Africa and globally. The authors address critical questions: How have African women theologians reimagined existing ethical paradigms? What original ethical and philosophical ideas have they generated? How have their ethical frameworks influenced the theologies and interpretations they have developed? What purposes do their ethical and philosophical paradigms serve? How do these renderings intersect with various social categories, including gender, race, class, sexuality, capitalism, and colonialism? What liberating frameworks do they propose? The volume further explores the dialogue between distinct African contexts and universal experiences and values. It explores how universal themes such as humanity, human dignity, rights, justice, motherhood, and more can coexist with communal African concepts and themes. It contemplates how embracing African approaches engages these themes more globally, bringing together particular African contexts of women and the universal ethical, philosophical, and theological theories, models, and frameworks to advance the cause of justice and liberation for African women and women worldwide into the future.
Wie und warum zitieren Gerichte?: Intertextuelle Bezugnahmen in den Entscheidungen des Bundesverfassungsgerichts und des Supreme Court of Canada (Literatur und Recht #12)
by Joy Steigler-HermsGerichtsentscheidungen können ohne Bezugnahmen auf andere Texte weder getroffen noch verfasst werden, Zitate sind in Gerichtsentscheidungen omnipräsent. Jede Entscheidung berücksichtigt einschlägige Normtexte oder Präjudizien, in erster Linie zur Sicherstellung einer kohärenten Rechtsprechung. Durch den Akt des Bezugnehmens demonstrieren Gerichte, dass sie in ihren Entscheidungen auf einer etablierten Rechtsdogmatik aufbauen. Diese Integration in die bestehende Dogmatik legitimiert die Entscheidung und schafft damit Rechtssicherheit durch Rechtsvorhersagbarkeit. In Gerichtsentscheidungen finden sich darüber hinaus Bezugnahmen auf Texte, die nicht über rechtliche Autorität verfügen und denen entsprechend keine derartige Funktion zugeschrieben werden kann. Unter den von Gerichten zitierten Quellen finden sich neben Gesetzestexten z.B. auch Bezüge auf ausländisches Recht, auf wissenschaftliche Quellen oder sogar auf literarische Texte. Die vorliegende Arbeit beschäftigtsich in Anbetracht dessen mit der Frage, wie und warum Gerichte zitieren. Am Beispiel von Entscheidungen des Bundesverfassungsgerichts und des Supreme Court of Canada schlägt die interdisziplinäre Studie sowohl philologische als auch rechtswissenschaftliche Auswertungskriterien zur empirischen Rekonstruktion von Zitatfunktionalisierungen vor und nimmt dabei ferner auch eine komparative Perspektive auf rechtskreisbedingte Unterschiede zwischen den Zitationspraktiken vor Gericht ein.
The Law of International Financial Institutions (Elements of International Law)
by Prof Daniel D. BradlowIn this new volume in the Elements series, Daniel D. Bradlow traces the history and development of international law and international financial institutions from 1918 to today, providing a detailed overview of the legal frameworks within which such institutions were established and operate, and which structure their relationships with their member states and their citizens. The book opens with the inter-war years, the Bretton Woods Conference, and background on the treaties establishing the IMF and the World Bank. It then discusses the Articles of Agreement of the IMF and the IBRD, providing information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.
Freedom of Speech in International Law
by Ms Amal Clooney Lord David NeubergerFreedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced. Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards. These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.
The Epistemic Injustice of Genocide Denialism (Routledge Studies in Epistemology)
by Melanie AltanianThe injustice of genocide denial is commonly understood as a violation of the dignity of victims, survivors, and their descendants, and further described as an assault on truth and memory. This book rethinks the normative relationship between dignity, truth, and memory in relation to genocide denial by adopting the framework of epistemic injustice.This framework performs two functions. First, it introduces constructive normative vocabulary into genocide scholarship through which we can gain a better understanding of the normative impacts of genocide denial when it is institutionalized and systematic. Second, it develops and enriches current scholarship on epistemic injustice with a further, underexplored case study. Genocide denialism is relevant for political and social epistemology, as it presents a substantive epistemic practice that distorts normativity and social reality in ways that maintain domination. This generates pervasive ignorance that makes denial rather than recognition of genocide appear as the morally and epistemically right thing to do. By focusing on the prominent case of Turkey’s denialism of the Armenian genocide, the book shows the serious consequences of this kind of epistemic injustice for the victim group and society as a whole.The Epistemic Injustice of Genocide Denialism will appeal to students and scholars working in social, political, and applied epistemology, social and political philosophy, genocide studies, Armenian studies, and memory studies.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 license. Any third party material in this book is not included in the OA Creative Commons license, unless indicated otherwise in a credit line to the material. Please direct any permissions enquiries to the original rightsholder.Funded by: Swiss National Science Foundation
On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights: A Comparative Analysis in the European Multilevel Court System
by Alexander Heger Moritz MalkmusThe sometimes complex and controversial relation between the fundamental rights of the European Union, as enshrined in the EU Charter of Fundamental Rights (CFR), and national fundamental rights in the context of constitutional review is reflected in a series of landmark decisions in the multilateral cooperation of European courts, which have reshaped the fundamental rights architecture in the multilevel system in recent decades. This book aims to contribute to a systematic and comprehensive analysis of the EU and constitutional law issues involved, thus serving as a reference point for scholars and practitioners dealing with this emerging topic in depth. Following this approach, it sheds light on the broader Union legal context of these developments, examines the role of the CFR for Constitutional Courts, the relationship between constitutional and ordinary courts, and assesses the key decisions concerning the application of the CFR as a standard of constitutional review. It also draws some initial conclusions on the development of the European fundamental rights architecture, its prospects and possible implications for the Union’s legal order. The book contains several contributions by European legal experts from academia and the judiciary, who examine the different methods of constitutional application of the CFR from a comparative law perspective. These contributions deal with the following aspects: first, the role of the CFR for the respective Constitutional Court with regard to the application of EU law as well as national law falling within the scope of the CFR; second, the relationship between the respective Constitutional Court and the ordinary courts with regard to the application of the CFR; third, the relevant facts and legal reasoning of the most important Constitutional Court decisions on the application of the CFR as a relevant standard of constitutional review; fourth, the relevant case law of the CJEU on the relationship between Union and national fundamental rights, as well as its broader implications for the multilateral cooperation of European courts. The individual chapters examine, inter alia, the following decisions: Verfassungsgerichtshof (Austria), March 14, 2012, U 466/11 et al.; Corte Constituzionale (Italy), January 23, 2019, Sentenza 20/2019; Bundesverfassungsgericht (Germany), November 6, 2019, 1 BvR 276/17; Tribunal Constitucional (Portugal), June 3, 2022, Acórdão 268/2022; Tribunal Constitucional (Spain), June 29, 2022, Sentencia Decision 89/2022.
Forensic Science Laboratory Benchmarking: The FORESIGHT Manual
by Max M. Houck Paul J. SpeakerForensic Science Laboratory Benchmarking: The FORESIGHT Manual takes a step-by-step instructional approach to utilizing FORESIGHT data, detailing how labs can participate in the process to improve efficiencies. The FORESIGHT Project—a business benchmarking process for forensic service providers—was created in 2008 to collect and report data while offering improvement to processes through analysis, comparisons, and best practice evaluations. The program has grown to include more than 200 participating forensic laboratories worldwide.FORESIGHT offers the capability for labs to improve core functions, provide and benefit from metrics, and thus, improve the labs capabilities and functioning for the public good, while maintaining their often limited, fixed budgets. Due to ever-increasing caseloads, forensic laboratories are constantly plagued by backlogged casework—cases submitted to the laboratory but not yet worked. This leads to inefficiencies, delays, and unhappy agencies expecting timely results. Unfortunately, even if a lab’s slates were wiped clean and the backlog were erased, many of the inefficient processes—that created the backlog—would still be in place. Eventually, and inevitably, the lab would develop a new backlog.Unique coverage and features: Presents critical and proven cutting-edge measures to utilize FORESIGHT data improve laboratory testing, operational efficiency, and policies without added additional costs. Synthesizes the data input from more than 200 labs and a decade’s worth of analytics to illustrate process improvements and the advantages of participating. Outlines how to develop data-driven responses to solve current and future problems. Forensic Science Laboratory Benchmarking will be of interest to quality assurance specialists, economists, supervisors in the parent agencies of the labs, managers at all levels of any of the hundreds of public laboratories around the world, and anyone concerned about the effectiveness and efficiency of laboratory testing. As an operational guide, the book provides a helpful roadmap to help public science agencies and forensic labs analyze how they operate, improve on what works, and change what doesn’t to better meet their mission and serve their community’s goals.
The AI Mirror: How to Reclaim Our Humanity in an Age of Machine Thinking
by Shannon VallorFor many, technology offers hope for the future?that promise of shared human flourishing and liberation that always seems to elude our species. Artificial intelligence (AI) technologies spark this hope in a particular way. They promise a future in which human limits and frailties are finally overcome?not by us, but by our machines. Yet rather than open new futures, today's powerful AI technologies reproduce the past. Forged from oceans of our data into immensely powerful but flawed mirrors, they reflect the same errors, biases, and failures of wisdom that we strive to escape. Our new digital mirrors point backward. They show only where the data say that we have already been, never where we might venture together for the first time. To meet today's grave challenges to our species and our planet, we will need something new from AI, and from ourselves. Shannon Vallor makes a wide-ranging, prophetic, and philosophical case for what AI could be: a way to reclaim our human potential for moral and intellectual growth, rather than lose ourselves in mirrors of the past. Rejecting prophecies of doom, she encourages us to pursue technology that helps us recover our sense of the possible, and with it the confidence and courage to repair a broken world. Vallor calls us to rethink what AI is and can be, and what we want to be with it.
The AI Mirror: How to Reclaim Our Humanity in an Age of Machine Thinking
by Shannon VallorFor many, technology offers hope for the future?that promise of shared human flourishing and liberation that always seems to elude our species. Artificial intelligence (AI) technologies spark this hope in a particular way. They promise a future in which human limits and frailties are finally overcome?not by us, but by our machines. Yet rather than open new futures, today's powerful AI technologies reproduce the past. Forged from oceans of our data into immensely powerful but flawed mirrors, they reflect the same errors, biases, and failures of wisdom that we strive to escape. Our new digital mirrors point backward. They show only where the data say that we have already been, never where we might venture together for the first time. To meet today's grave challenges to our species and our planet, we will need something new from AI, and from ourselves. Shannon Vallor makes a wide-ranging, prophetic, and philosophical case for what AI could be: a way to reclaim our human potential for moral and intellectual growth, rather than lose ourselves in mirrors of the past. Rejecting prophecies of doom, she encourages us to pursue technology that helps us recover our sense of the possible, and with it the confidence and courage to repair a broken world. Vallor calls us to rethink what AI is and can be, and what we want to be with it.
Resolving Intergenerational Conflicts: An Approach from Philosophy, Economics, and Experiments (Advances in Japanese Business and Economics #33)
by Toshiaki HiromitsuThis book is an unprecedented consideration of the challenges of what we can do for generations yet to come. Many growing intergenerational conflicts of interest, such as climate change and fiscal sustainability, are the result of the historically new progress of increasing human power, and the resolution of those conflicts demands a new intergenerational ethic. The book offers fresh new ideas for resolving intergenerational conflicts through the exploration of an entirely new field, conceptualized in philosophy, developed in economics, and tested in experiments. In particular, this work develops the theory of intergenerational cooperation based on a new relationship of direct reciprocity between generations. From experimental results, the possibility of intergenerational cooperation through Kantian categorical imperative is shown. The book also examines the effectiveness of inviting representatives of future generations, which are called "imaginary future generations", into the deliberations for current policy decisions. The original Japanese edition of this book was awarded the 66th Nikkei Prize for Excellent Books in Economic Science. The prize was established in 1958 to contribute to the advancement of academics and knowledge in the fields of economics, management, and accounting, as well as to its general dissemination and application.
International Investment Law and Arbitration from a Latin American Perspective (International Law and the Global South)
by Nitish Monebhurrun Carolina Olarte-Bácares Marco A. Velasquez-RuizThe book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law.The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil,Colombia, Peru, and Mexico are perused.
Responsibility and Healthcare
by Ben Davies Neil Levy Gabriel De Marco Julian SavulescuThis is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This edited collection brings together world-leading authors writing about a wide range of issues related to responsibility and healthcare, and from a variety of perspectives. Alongside a comprehensive introduction by the editors outlining the scope of the relevant debates, the volume contains 14 chapters, split into four sections. This volume pushes forward a number of important debates on responsibility and its role in contemporary healthcare. The first and second groups of chapters focus, respectively, on (a) the potential justification and (b) nature of 'responsibility-sensitive' policies in healthcare provision; in other words, policies that would hold some patients responsible for their ill health via differences in treatment. These sections include empirically-informed work on public opinion, chapters linking responsibility in healthcare with ongoing debates around criminal responsibility, and new conceptual and theoretical work on the details of responsibility-sensitive policies. The third set of chapters turns in a more detailed way to the issues of whether, and how, we can be responsible for our health, presenting novel challenges and questions for those who would advocate responsibility-sensitive policies in healthcare. Finally, questions of responsibility in medicine do not end with those receiving treatment. The fourth group of chapters broadens the volume's focus to think about responsibility of individuals other than patients, including medical professionals and policymakers, including specific consideration of the role of responsibility during pandemics.
Universals of Legal Reasoning by Judges: A Plea for Candour in Decision-Making
by Thomas LundmarkUniversals in Legal Reasoning by Judges explores and expounds the usage of rules to justify judicial decisions. Inspired by Savigny's canons of interpretation, and informed by the author's years of study and teaching in Germany, the book constructs a matrix for all legal argumentation in place of the so-called rules of interpretation, classifying justificatory arguments into four categories: textual, historical, purposive, and system-contextual. Along these categories, the book reveals certain universals while dispelling the confusion and mystery surrounding reasoning from judicial case decisions. This it does — simply and elegantly — by equating reasoning from case decisions with reasoning from statute. A myriad of examples, primarily from Germany, California, and the United Kingdom, show how these arguments find universal application. From start to finish, this book is itself an argument: an argument for judicial transparency and candour, which requires that judges reveal their thoughts and motivations-their ultimate reasons. This is necessary to enhance the persuasiveness and efficacy of judicial precedents, to foster democratic legitimacy, and to permit political accountability.