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Global Climate Constitutionalism “from below”: The Role of Climate Change Litigation for International Climate Lawmaking
by Manuela NiehausGlobal climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.
Global Clinical Legal Education (Emerging Legal Education)
by Jeff GiddingsThis book explores the distinctive nature of clinical legal education in a range of global contexts.The emergence of law school-based clinical legal education has been recognised as a major innovation in modern legal education. At its best, it integrates the academic rigour of university-based learning with the practical, ethical and social justice insights that come from structured work with clients. This book examines what makes clinic different from other aspects of legal education and how it differs from experiential learning in other disciplines, particularly in its emphasis on social justice. It provides an analysis of various models that support student learning in community settings from 66 contributors across the globe. Learning goals, teaching methods, focus areas, forms of student involvement, engagement with lawyers and the challenges faced are all identified as important in giving clinical legal education its local flavour. Exploring the role of technology in clinic and the significant growth in technology-based clinics, the book reviews the ways in which clinics harness technology to serve diverse client communities and extend the global reach of clinical legal education, particularly in light of the ongoing COVID-19 pandemic.This book will be of particular interest to researchers in the fields of clinical legal education and the use of emerging technologies in legal education.
Global Communication
by Yahya R. KamalipourDevelop an understanding of significant economic, cultural, legal, social, and political issues in the exciting field of global communication with Diggs-Brown's GLOBAL COMMUNICATION presents. From history and theories to future trends, this indispensable and highly informative volume brings together illuminating writings and diverse perspectives by prominent scholars in mass media, journalism, and international studies.
Global Community Policing: Problems and Challenges
by Arvind Verma, Dilip K. Das and Manoj AbrahamIn nations all over the world, community policing has been found extremely beneficial in improving public confidence in the police. Community-oriented policing and police-citizen cooperation is now the accepted framework for all progressive police departments. Drawn from the proceedings at the 2010 International Police Executive Symposium (IPES) in
Global Comparability of Financial Reporting Under IFRS: Does Comparability Enhance Value Relevance of Earnings Across Countries? (SIDREA Series in Accounting and Business Administration)
by Francesco De Luca Ho-Tan-Phat PhanThe globalization of financial markets worldwide has progressively pushed toward simultaneous globalization of accounting information. Thus, during the last 50 years, categories of preparers, users, and regulators have devoted their efforts to support the global comparability of financial reporting aiming at favoring the comparison of corporates’ financial performances at a cross-country level. In the same vein, IASB, national standard setters, and jurisdictions have participated in and given momentum to this process. At the same time, academic research has followed this process and tried to build a theoretical framework to address the related issues, to assess the impact on preparers, users, and regulators, while defining hindrances and obstacles to the comparability of financial reporting especially in an IFRS environment. In this context, this book reviews research studies on the comparability of financial reporting at a global level as well as highlights empirical analyses that demonstrate the extent to which global comparability has been achieved, and how it enhances value relevance of earnings across countries. It also looks at the cross-country investors’ perspectives by shaping the empirical analysis to provide further insights on the role of the "Big Four" auditing services in enhancing the comparability of earnings. The book provides an original contribution to the current debate about the comparability of financial reporting under IFRS and will be useful for researchers in the field.
Global Constitutional Narratives of Autonomous Regions: The Constitutional History of Macau (Globalization: Law and Policy)
by Jason BuhiWith international attention focused on Hong Kong, many forget that Macau also exists in a delicate `one country, two systems’ (OCTS) balance with mainland China. This book provides insights into the circumstances surrounding the less-understood half of China’s OCTS policy, including the stagnation of representational government, and the location of any Macau characteristics in the Macau Basic Law. Despite being Hong Kong’s sister `Special Administrative Region’ (SAR) within the People’s Republic of China, Macau’s unique constitutional development under Portuguese and Chinese administration remains under-appreciated despite its potential contributions to local, national, and international constitutional discourse. Utilizing a multi-disciplinary approach including doctrinal, historical, and comparative methodologies, this work fills that gap. The research blends Portuguese, Chinese, and foreign-language sources in order to reconstruct a balanced constitutional narrative. The book focuses on a consequential effect of globalization – that is, the assimilation of a longstanding and unique constitutional order by a new hegemonic sovereign – including processes for internationalization as China opened up, legal harmonization of two distinct legal and socioeconomic orders, juridification of local affairs with the establishment of a new local court system in preparation for handover to the Chinese regime, and democratization (or the lack thereof) among the various communities comprising the Macanese polity before and since. Focusing on Macau’s unique development at the crux of European and Chinese empires, and the role it plays as a mirror for Chinese intentions vis-a-vis Hong Kong today, the book will be of interest to those working in Constitutional Law, Politics and History.
Global Constitutionalism from European and East Asian Perspectives
by Anne Peters Takao Suami Mattias Kumm Dimitri VanoverbekeGlobal Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.
Global Contract Law in the Middle East and North Africa: Public Law Constraints
by Mohamed IsmailThis book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region.The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states’ contracts which are consistent with international commercial contracts’ principles. It makes a powerful argument for further harmonization of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonization can be achieved through a number of routes, such as codification, digitalization of processes and contracts, private-public arbitration, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step towards achieving legitimate expectations of foreign investors. It argues, further, that global contract law is underway.The book will be is of interest to students and scholars in the field of international contract law, public law, and international law in Egypt and MENA countries.
Global Corporate Governance (Columbia Business School Publishing Ser.)
by Stuart L Gillan Donald H. Chew Eds.Effective corporate governance, or the set of controls and incentives that drive top management, originates both outside and inside the firm and assures investors who hope to commit their capital. Essential when buying stocks in one's own country, effective corporate governance is even more important abroad, where information can be less reliable and investor influence (or protection) more limited. In this collection of articles from the Journal of Applied Corporate Finance, more than thirty leading scholars and practitioners discuss the possibilities and limitations of global corporate finance and governance systems, whether in Europe and North America or in the emerging markets of Israel, India, Korea, and South Africa. Essays discuss the political roots of American corporate finance; the structural and financial variations between international corporations; control premiums and the effectiveness of corporate governance systems; debt, folklore, and cross-country differences in financial structures; the driving forces behind the East Asian Financial Crisis of 1997; corporate ownership and control in India, Germany, France, and the United Kingdom; financial and economic lessons of Italy's privatization program; changes in Korean corporate governance; sovereign wealth funds; and the new organization of Canadian business trusts. A special roundtable discussion addresses shareholder activism in the U.K.
Global Criminal Law: Postnational Criminal Justice in the Twenty-First Century
by Adán Nieto MartínThis book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.
Global Criminology: Crime and Victimization in a Globalized Era
by K. Jaishankar Natti RonelGlobal criminology is an emerging field covering international and transnational crimes that have not traditionally been the focus of mainstream criminology or criminal justice. Global Criminology: Crime and Victimization in a Globalized Era is a collection of rigorously peer-reviewed papers presented at the First International Conference of the So
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 Data Protection in the Field of Law Enforcement: An EU Perspective (Routledge Research in EU Law)
by Cristina Blasi CasagranThis study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.
Global Discord: Values and Power in a Fractured World Order
by Paul TuckerHow to sustain an international system of cooperation in the midst of geopolitical struggleCan the international economic and legal system survive today’s fractured geopolitics? Democracies are facing a drawn-out contest with authoritarian states that is entangling much of public policy with global security issues. In Global Discord, Paul Tucker lays out principles for a sustainable system of international cooperation, showing how democracies can deal with China and other illiberal states without sacrificing their deepest political values. Drawing on three decades as a central banker and regulator, Tucker applies these principles to the international monetary order, including the role of the U.S. dollar, trade and investment regimes, and the financial system.Combining history, economics, and political and legal philosophy, Tucker offers a new account of international relations. Rejecting intellectual traditions that go back to Hobbes, Kant, and Grotius, and deploying instead ideas from David Hume, Bernard Williams, and modern mechanism-design economists, Tucker describes a new kind of political realism that emphasizes power and interests without sidelining morality. Incentives must be aligned with values if institutions are to endure. The connecting tissue for a system of international cooperation, he writes, should be legitimacy, creating a world of concentric circles in which we cooperate more with those with whom we share the most and whom we fear the least.
Global Discord: Values and Power in a Fractured World Order
by Paul TuckerHow to sustain an international system of cooperation in the midst of geopolitical struggleCan the international economic and legal system survive today’s fractured geopolitics? Democracies are facing a drawn-out contest with authoritarian states that is entangling much of public policy with global security issues. In Global Discord, Paul Tucker lays out principles for a sustainable system of international cooperation, showing how democracies can deal with China and other illiberal states without sacrificing their deepest political values. Drawing on three decades as a central banker and regulator, Tucker applies these principles to the international monetary order, including the role of the U.S. dollar, trade and investment regimes, and the financial system.Combining history, economics, and political and legal philosophy, Tucker offers a new account of international relations. Rejecting intellectual traditions that go back to Hobbes, Kant, and Grotius, and deploying instead ideas from David Hume, Bernard Williams, and modern mechanism-design economists, Tucker describes a new kind of political realism that emphasizes power and interests without sidelining morality. Incentives must be aligned with values if institutions are to endure. The connecting tissue for a system of international cooperation, he writes, should be legitimacy, creating a world of concentric circles in which we cooperate more with those with whom we share the most and whom we fear the least.
Global Drug Enforcement: Practical Investigative Techniques (Practical Aspects Of Criminal And Forensic Investigations Ser.)
by Gregory D. LeeIt's a national epidemic and an international conspiracy. Drugs have infested our society with a vengeance, making the drug enforcement agent a central figure in the war on drugs. International training teams of the U.S. Drug Enforcement Administration (DEA) have traditionally taught the special skills required by all drug agents. Until now, there
Global Education in Bioethics: Challenges In Global Bioethics (Advancing Global Bioethics #10)
by Henk Ten HaveThis book presents and elaborates on how the teaching of global ethics in healthcare contributes to furthering ideals of cosmopolitanism: solidarity, equality, respect for differences and concern with what human beings, and specifically patients have in common, regardless of where they live and who they are. Global problems such as pandemic diseases, disasters, lack of care and medication, homelessness and displacement call for global responses. The new area of global bioethics is providing answers by arguing that ethical discourse should first of all criticize the structures of violence and injustice that underlie many threats to global health. Education of health professionals should articulate that they are ‘citizens of the world’, like their patients. This book first demonstrates that a moral vision of global education is necessary to gain a global dimension. It is argued that a global framework of ethical principles is available; the challenge is to elaborate and specify that framework into specific educational approaches and models. The book subsequently analyzes goals and challenges of global education in biomedicine and healthcare. It is shown how such challenges (e.g. inequities and cultural differences) can be overcome. Finally, the book presents concrete examples (cases, methods, and practices) of global education in bioethics. The unique feature of the book is that it addresses global education challenges specifically in the area of healthcare, medicine, and medical science. It combines two areas of research and experience that are usually not connected: global bioethics and global education. This book is written for all those involved in global ethics teaching in medicine, nursing, ethics, philosophy, law, and theology courses.
Global Energy Justice
by Benjamin K. Sovacool Michael H. DworkinWe need new ways of thinking about, and approaching, the world's energy problems. Global energy security and access is one of the central justice issues of our time, with profound implications for happiness, welfare, freedom, equity, and due process. This book combines up-to-date data on global energy security and climate change with fresh perspectives on the meaning of justice in social decision-making. Benjamin K. Sovacool and Michael H. Dworkin address how justice theory can help people to make more meaningful decisions about the production, delivery, use, and effects of energy. Exploring energy dilemmas in real-life situations, they link recent events to eight global energy injustices and employ philosophy and ethics to make sense of justice as a tool in the decision-making process. They go on to provide remedies and policies that planners and individuals can utilize to create a more equitable and just energy future.
Global Environment of Policing (International Police Executive Symposium Co-publications)
by Dilip K. Das Darren Palmer Michael M. BerlinPolice organizations across the globe are experiencing major changes. Many nations cope with funding constraints as pressures within their societies, terrorism and transnational crime, and social and political transformations necessitate a more democratic form of policing. Drawn from the proceedings at the International Police Executive Symposium i
Global Environmental Change and Innovation in International Law
by Neil Craik Cameron S. Jefferies Sara L. Seck Tim StephensThe challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law's functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.
Global Environmental Constitutionalism
by Erin Daly James R. MayReflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Global Environmental Policy: Concepts, Principles, and Practice
by Charles H. Eccleston Frederic MarchEnvironmental policy is often practiced reactively with each crisis addressed as an isolated event. Focusing on development of proactive policies, Global Environment Policy: Concepts, Principles, and Practice provides the essential scientific and socioeconomic framework for formulating pragmatic and comprehensive environmental policies. It discusse
Global Environmental Politics
by Pamela S. Chasek David L. Downie Janet Welsh BrownFor more than twenty years, Global Environmental Politics has provided an up-to-date, accurate, and unbiased introduction to the world's most pressing environmental issues. This new edition continues this tradition while covering critical new developments in the field. Through case studies on key issues such as climate change, toxic chemicals, and biodiversity loss, the authors detail the development of major environmental regimes. With new material on the adoption of global Sustainable Development Goals and the 2030 Agenda for Sustainable Development; the December 2015 Paris Climate Change conference; and recent meetings of major conventions on desertification, biological diversity, and more; the authors present a comprehensive overview of contemporary international environmental politics. Global Environmental Politics is vital reading for any student wishing to understand the current state of the field and to make informed decisions about which policies might best safeguard our environment for the future.
Global Ethics and Civil Society (Ethics and Global Politics)
by Darren O'ByrneThis detailed and timely volume examines the impact of global transformations on concepts of civil society. Divided into two sections, it evaluates changing notions of ethics and how these transformations are operationalized. The first part deals with the theoretical aspects while the second examines the practical impact of the evolution of global ethics and norms on society. Providing solid case studies, this accessible volume contributes to the theoretical literature in the field and will prove a useful library reference work or graduate reader in the areas of globalization, civil society, ethics, human rights, citizenship and cosmopolitanism.
Global Ethics and Moral Responsibility: Hans Jonas and his Critics
by John-Stewart Gordon Holger BurckhartThe philosophy of Hans Jonas was widely influential in the late twentieth century, warning of the potential dangers of technological progress and its negative effect on humanity and nature. Jonas advocated greater moral responsibility and taking this as a starting point, this volume explores current ethical issues within the context of his philosophy. It considers the vital intersection between law and global ethics, covering issues related to technology and ethics, medical ethics, religion and environmental ethics. Examining different aspects of Hans Jonas’ philosophy and applying it to contemporary issues, leading international scholars and experts on his work suggest original and promising solutions to topical problems. This collection of articles revives interest in Hans Jonas’ ethical reasoning and his notion of responsibility. The book covers a wide range of areas and is useful to those interested in philosophy and theory of law, human rights, ethics, bioethics, environmental law, philosophy and theology as well as political theory and philosophy.