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Chapter 2 demonstrates that traditional concepts of representation – including agency-based, and audience models – struggle in their application in relation to future generations. Direct and indirect forms of proxy representation are distinguished and legal forms of proxy representation. Various modes of proxy representation at the national level are set out, which are relevant due to the inspiration they provide for proposals at the international level. A range of existing forms of proxy representation in the international legal order are set out, in order to demonstrate that proxy representation of future generations represents a modest rather than radical reform. We then assess the extent to which indirect representation of future generations is incorporated in the international legal order in terms of environment-related principles. A matrix setting out the range of functions which proxy representation may perform is set out. By distinguishing these functions, a more nuanced understanding can be obtained as to the functions of existing modes of proxy representation as well as reform proposals.
Rules for regulatory intervention aim to ensure that cumulative impacts remain or fall below thresholds of acceptable cumulative harm. A rule has two key dimensions: (1) its strategy – how it changes cumulative harm by reducing impacts, offsetting impacts, restoring, or facilitating coping with impacts; and (2) its approach – how it influences actions that cause impacts by using mandates (sticks), incentives (carrots) or information and persuasion (sermons) to influence adverse actions, or by using direct state action (state rescue). Each strategy and approach has strengths and weaknesses in addressing cumulative harms, and a cumulative environmental problem will likely need a carefully designed mix. In designing this mix, important challenges are ensuring connected decision-making so that actions are not considered in isolation; ensuring comprehensiveness, to avoid overlooking actions, including "de minimis" actions that could cause cumulatively significant impacts; managing costs related to intervention; and adapting interventions to accommodate changes to impacts and new information. Real-world examples illustrate legal mechanisms that include features designed to address these challenges.
Although the merchants under study spent much of their career in commerce or in positions associated with it, they also evidenced cultural interests and accomplishments that signaled their membership in the broader culture of the Renaissance. In addition to interest in music, philosophy, and literature, they also invested in dress and the rituals of gift-giving in ways that were characteristic of Renaissance society.
Although international legal scholars have never captured or paid attention to the epistemology of the secret at work in international legal thought of practice, the idea of secret has not been totally absent from international legal thought. For instance, international legal scholars have occasionally mobilized the idea of the hermeneutics of suspicion to describe the way in which certain scholars dismiss opponents’ arguments to be ideologically or politically motivated wrong postures as opposed to scientifically valid positions. Likewise, a lot of scholarly works have been focused on the secretive and undisclosed practices which are supposedly at work in various international legal processes. This chapter reviews these contemporary engagements by international lawyers with the idea of secret in international law.
Melanie C. Ross presents the various shapes of Christian liturgies that emerged in non-mainstream Protestant churches, including Quakerism, Anabaptism, Methodism, Pentecostalism, and Evangelicalism. Despite the prejudice that these traditions are non-liturgical, she demonstrates the profound theological and spiritual depth of their worship services.
Cumulative environmental harms pose pronounced challenges for human recognition, understanding, acceptance, and action. This chapter harvests insights across a wide range of disciplines to unpack the challenges involved in dealing with cumulative environmental problems. These insights point to a crucial role for well-crafted law and policy in responding to cumulative environmental problems. Analyzing cross-disciplinary insights about key challenges produces a framework of four integrated functions required for effective regulatory responses to cumulative environmental problems – the CIRCle Framework: (1) conceptualization: clearly and consistently conceptualizing the matter of concern that experiences cumulative impacts; (2) information: collecting, sharing, and analyzing information about environmental conditions, threats and benefits, rules and activities; (3) regulatory intervention: intervening to ensure cumulative impacts remain within an acceptable range; and (4) coordination among governments and stakeholders to undertake or contribute to the other functions.
Chapter 8 troubles two assumptions in liberated African scholarship. First, it shows that liberated Africans did more than renew and displace pre-existing African Caribbean cultures. Second, it argues that rather than being evidence of the survival of a homogenous group of Yoruba speakers, African work in Grenada has been shaped by interactions with pre-existing Creole cultures. By foregrounding exchange, intervention, and stigmatisation within and beyond the region of the Eastern Caribbean Sea, this chapter shows the ways in which Yoruba cultures were cross- fertilised with the Nation Dance, Roman Catholicism, obeah, saraka, and Indian cultures - thus contributing to the making of African work from the mid nineteenth century.
Dealing with cumulative environmental problems unavoidably requires repeated interactions (coordination) among multiple and often many actors relevant to the other three CIRCle functions (conceptualization, information, and regulatory intervention). Coordination can promote effective approaches, avoid policy drift, and resolve disputes. Key actors may include multiple agencies and levels of government, quasi-governmental organizations, supranational and international institutions, and nongovernmental organizations representing stakeholders of different kinds. Rules can help overcome significant cost, time, and political disincentives to establishing and maintaining coordination. Two broad types of formal rules for coordination emerge in mechanisms for coordinating conceptualization, information, and intervention: those that establish an institution, and those that provide for interaction in other ways, such as duties to notify or cooperate or undertake joint planning. Legal mechanisms can also expressly provide for dealing with policy drift and resolving disputes between regulatory actors. Real-world examples are provided of legal mechanisms to support these forms of coordination.
When George H. W. Bush ascended to the American presidency in 1989, one of the more urgent relationships that he was faced with building was that with Israel's Yitzhak Shamir. Drawing on newly declassified materials, from American and Israeli state and non-state archives, this book reveals the complexities of a relationship defined by both deep cooperation and sharp tensions. From the peace process to loan guarantees, from military aid to emotional diplomacy, The Strained Alliance uncovers the debates, conflicts, and strategic decisions that shaped this critical period between 1989–1992. In doing so, David Tal challenges the traditional perception that US-Israel relations were dominated by policy disagreements, highlighting instead the broader foundation of collaboration that endured behind the scenes. Tal provides fresh insights into the intricate dynamics of diplomacy, ideology, and leadership, offering a balanced perspective on one of the most pivotal chapters in US-Israel history.
The introduction begins by tracing the historical ascent of comparativism, studying how comparison became a privileged tool of knowledge production in conjunction with imperialism. It examines the minute rhetorical operations and common tropes involved in Iran/Türkiye comparisons through an analysis of modern international scholarship on the Shahnameh, a classic verse epic associated with Iranian national identity.
The conclusion draws together the findings of the book, assessing how the work-task approach has revealed hidden forms of work, and highlighting those types of work which remain partly or wholly hidden. It reconsiders the relationship between work and the market. The importance of thinking about how early modern people experienced work is asserted.
This chapter explores the overlooked constitutional reforms and the constitution-making process in the over 550 princely states spread across 45 per cent of the subcontinent’s territory that were not part of British India. We argue that the constitutional processes in the princely states were fundamental to the subsequent successful merger of the states and to the making of the Indian Union. Constitutionalism in the princely states was an insistent refrain to India’s constitution making and became the standard language through which to think about and act on political aspirations for democratic government. The numerous parallel constitution-making processes in the states produced comparable constitutional templates that could ultimately be assembled into the new Indian constitution. The chapter analyses constitutionalism within the states, among different states and between the states and the Constituent Assembly. It examines the understudied constitution making process in Rewa and Ratlam states, the formations of unions of states, and finally looks at Manipur state in the north-eastern frontier of India to show the limits of the constitutional process of integration.
Chapter 4 involves a focus on the legitimacy and effectiveness of proxy-style institutions for future generations. It sets out criteria for assessing the legitimacy of such institutions based on Klaus Dingwerth, Sylvia Karlsson-Vinkhuyzen, and Antto Vihma. Criteria for assessing the legitimacy of international tribunals are developed based on an extension of Bogdandy and Venzke’s work with the idea of accountability to the demos being extended to include future generations. A concept of ‘future legitimacy’ is introduced which involves assessing institutions in operation now from the perspective of future generations when climate change is predicted to be ravaging the planet. Criteria for effectiveness are elaborated involving the Paris Agreement goals, as well as an assessment of the promotion of intergenerational justice and the values of inclusiveness, solidarity and addressing vulnerability. Particular challenges in application of these criteria in the context of international law and related institutions which represent future generations are discussed.
In this chapter, I set the stage for understanding how the Shepherd conceptualizes God as an enslaver and the role of the holy spirit in the maintenance of the enslaved–enslaver relationship. I begin by demonstrating how the Shepherd portrays the holy spirit as a somatic entity sent by God that dwells within the bodies of God’s enslaved persons and is called “the enslaver who dwells within you,” who is capable of influencing behaviors, reporting back to God, and leaving the body if frustrated. The human body itself is imagined to be a porous entity in which various spirits, including the holy spirit and other passion-causing spirits, can dwell. I explore how the Shepherd portrays the body of God’s enslaved persons as a vessel with a limited amount of space, within which spirits compete for room and control and upon which God’s enslaved are encouraged to act obediently in order to remain under the purview of the enslaving holy spirit.