- Table View
- List View
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.
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.
The Minneapolis Reckoning: Race, Violence, and the Politics of Policing in America
by Michelle S. PhelpsChallenges to racialized policing, from early reform efforts to BLM protests and the aftermath of George Floyd&’s murder The eruption of Black Lives Matter protests against police violence in 2014 spurred a wave of police reform. One of the places to embrace this reform was Minneapolis, Minnesota, a city long known for its liberal politics. Yet in May 2020, four of its officers murdered George Floyd. Fiery protests followed, making the city a national emblem for the failures of police reform. In response, members of the Minneapolis City Council pledged to &“end&” the Minneapolis Police Department. In The Minneapolis Reckoning, Michelle Phelps describes how Minneapolis arrived at the brink of police abolition.Phelps explains that the council&’s pledge did not come out of a single moment of rage, but decades of organizing efforts. Yet the politics of transforming policing were more complex than they first appeared. Despite public outrage over police brutality, the council&’s initiatives faced stiff opposition, including by Black community leaders who called for more police protection against crime as well as police reform. In 2021, voters ultimately rejected the ballot measure to end the department. Yet change continued on the ground, as state and federal investigations pushed police reform and city leaders and residents began to develop alternative models of safety.The Minneapolis Reckoning shows how the dualized meaning of the police—as both the promise of state protection and the threat of state violence—creates the complex politics of policing that thwart change. Phelps&’s account of the city's struggles over what constitutes real accountability, justice, and safety offers a vivid picture of the possibilities and limits of challenging police power today.
The Minneapolis Reckoning: Race, Violence, and the Politics of Policing in America
by Michelle S. PhelpsChallenges to racialized policing, from early reform efforts to BLM protests and the aftermath of George Floyd&’s murder The eruption of Black Lives Matter protests against police violence in 2014 spurred a wave of police reform. One of the places to embrace this reform was Minneapolis, Minnesota, a city long known for its liberal politics. Yet in May 2020, four of its officers murdered George Floyd. Fiery protests followed, making the city a national emblem for the failures of police reform. In response, members of the Minneapolis City Council pledged to &“end&” the Minneapolis Police Department. In The Minneapolis Reckoning, Michelle Phelps describes how Minneapolis arrived at the brink of police abolition.Phelps explains that the council&’s pledge did not come out of a single moment of rage, but decades of organizing efforts. Yet the politics of transforming policing were more complex than they first appeared. Despite public outrage over police brutality, the council&’s initiatives faced stiff opposition, including by Black community leaders who called for more police protection against crime as well as police reform. In 2021, voters ultimately rejected the ballot measure to end the department. Yet change continued on the ground, as state and federal investigations pushed police reform and city leaders and residents began to develop alternative models of safety.The Minneapolis Reckoning shows how the dualized meaning of the police—as both the promise of state protection and the threat of state violence—creates the complex politics of policing that thwart change. Phelps&’s account of the city's struggles over what constitutes real accountability, justice, and safety offers a vivid picture of the possibilities and limits of challenging police power today.
Responsibility and Healthcare
This 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.
The End of Everything: How Wars Descend into Annihilation
by Victor Davis HansonIn this &“gripping account of catastrophic defeat&” (Barry Strauss), a New York Times–bestselling historian charts how and why some societies chose to utterly destroy their foes, and warns that similar wars of obliteration are possible in our time &“In The End of Everything, Hanson tells compelling and harrowing stories of how civilizations perished. He helps us consider contemporary affairs in light of that history, think about the unthinkable, and recognize the urgency of trying to prevent our own demise.&” — H. R. McMaster, author of Battlegrounds War can settle disputes, topple tyrants, and bend the trajectory of civilization—sometimes to the breaking point. From Troy to Hiroshima, moments when war has ended in utter annihilation have reverberated through the centuries, signaling the end of political systems, cultures, and epochs. Though much has changed over the millennia, human nature remains the same. Modern societies are not immune from the horror of a war of extinction. In The End of Everything, military historian Victor Davis Hanson narrates a series of sieges and sackings that span the age of antiquity to the conquest of the New World to show how societies descend into barbarism and obliteration. In the stories of Thebes, Carthage, Constantinople, and Tenochtitlan, he depicts war&’s drama, violence, and folly. Highlighting the naivete that plagued the vanquished and the wrath that justified mass slaughter, Hanson delivers a sobering call to contemporary readers to heed the lessons of obliteration lest we blunder into catastrophe once again.
Law and Personality Disorder: Human Rights, Human Risks, and Rehabilitation (Clarendon Studies in Criminology)
by Ailbhe O'LoughlinIn 1999, policymakers in England and Wales advanced controversial proposals for the preventive detention of a group they termed 'dangerous people with severe personality disorders'. Against a background of uncertain scientific knowledge, legal and policy actors have long faced challenges in reconciling the need to prevent crime with the need to respect the rights of the 'dangerous'. Ailbhe O'Loughlin's book, Law and Personality Disorder, situates contemporary debates about 'dangerous' offenders within this decades-old battle between the proponents of liberal legal principles and advocates of social defence. Law and Personality Disorder deconstructs competing images of offenders with personality disorders and the dilemmas they present, combining insights from criminology, psychiatry, psychology, and law. The book thus critically engages with an alluring narrative: the state has a duty to protect the public from 'dangerous' individuals, but it can also protect the human rights of the 'dangerous' by providing them with rehabilitation opportunities. While human rights law is often invoked as a means of curbing the excesses of preventive justice, O'Loughlin demonstrates that the case law of the European Court of Human Rights tends to legitimise coercive measures. Criminal law, furthermore, enables the punishment of offenders with mental disorders by resisting psychiatric evidence that they may not be fully responsible for their actions. Examining gaps in sentencing law, mental health law, and human rights law, this innovative book offers readers a comprehensive interpretation of the laws governing offenders with personality disorders and puts forward proposals for reform.
Theory of Obligations in International Law (Routledge Research in International Law)
by Cezary MikExamining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Energy Law and the Sustainable Development Goals: Host Government Instruments for Sustainability in Oil and Gas Operations (Routledge Research in Energy Law and Regulation)
The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.
Energy Law and the Sustainable Development Goals: Host Government Instruments for Sustainability in Oil and Gas Operations (Routledge Research in Energy Law and Regulation)
by Eduardo G Pereira Thomas L Muinzer Patrick R BakerThe UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.
Theory of Obligations in International Law (Routledge Research in International Law)
by Cezary MikExamining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Thinking About Medicine: An Introduction to the Philosophy of Healthcare
by David MisselbrookThis introduction to the philosophy of medicine surveys the landscape of western philosophy as it pertains to healthcare in an accessible way. Written by a doctor for doctors and other health professionals, framing the 'toolbox' of philosophy within the community of medicine, it encourages examination of the implicit assumptions made in the construction of medical knowledge and practice.Taking the reader step by step through the concepts that underpin modern philosophy, they will be challenged to reflect upon the premises within clinical practice which might benefit from scrutiny and challenge, including the nature of scientific knowledge, the limits of our biomedical model, the cultural and relational context, and the failure to recognise or manage adequately the fact/value distinction in medicine and healthcare.The book is an ideal textbook for students of medicine and medical philosophy and will also be of interest to bioethicists, medical sociologists, clinical commissioners and to practicing clinicians in medicine and the allied health professions seeking to improve their understanding of philosophy and ethics and sharpen their critical thinking skills.
Thinking About Medicine: An Introduction to the Philosophy of Healthcare
by David MisselbrookThis introduction to the philosophy of medicine surveys the landscape of western philosophy as it pertains to healthcare in an accessible way. Written by a doctor for doctors and other health professionals, framing the 'toolbox' of philosophy within the community of medicine, it encourages examination of the implicit assumptions made in the construction of medical knowledge and practice.Taking the reader step by step through the concepts that underpin modern philosophy, they will be challenged to reflect upon the premises within clinical practice which might benefit from scrutiny and challenge, including the nature of scientific knowledge, the limits of our biomedical model, the cultural and relational context, and the failure to recognise or manage adequately the fact/value distinction in medicine and healthcare.The book is an ideal textbook for students of medicine and medical philosophy and will also be of interest to bioethicists, medical sociologists, clinical commissioners and to practicing clinicians in medicine and the allied health professions seeking to improve their understanding of philosophy and ethics and sharpen their critical thinking skills.
Global Cybersecurity and International Law (Routledge Research in Information Technology and E-Commerce Law)
by Antonio Segura SerranoThis book offers a critical analysis of cybersecurity from a legal-international point of view.Assessing the need to regulate cyberspace has triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity.Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.
Global Cybersecurity and International Law (Routledge Research in Information Technology and E-Commerce Law)
This book offers a critical analysis of cybersecurity from a legal-international point of view.Assessing the need to regulate cyberspace has triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity.Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.