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State and Legal Practice in the Caucasus: Anthropological Perspectives on Law and Politics (Cultural Diversity and Law)
by Stéphane Voell Iwona KaliszewskaLegal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters. The volume will be a valuable resource for legal and political anthropologists, ethnohistorians and researchers and academics working in the areas of post-socialism and post-colonialism.
State and Local Government in a Federal System
by Cynthia Baker Daniel Mandelker Judith Wegner Janice Griffith Evan ZoldanThe ninth edition of State and Local Government in a Federal System continues the tradition of comprehensive coverage, providing teachers with choices that are suitable to either two- or three-unit courses with emphasis on local or state government. Two new co-authors have been added. Chapter 2 (on state and local government powers) has been refreshed with a new overarching problem relating to short term rental and now addresses proposed changes in home rule provisions and state preemption practices proposed by the National League of Cities in 2020. Chapter 4 (on public finance) has been completely revised to update coverage concerning sources and strategies affecting government funding, borrowing, expenditures, federal oversight, and financially distressed municipalities in recent years. <p><p>All other aspects of the book have been thoroughly updated, including those relating to regional government, government employees, public education (funding and charter schools), federalism, the role of the state governors and legislatures, and more. This edition is particularly timely in that it integrates coverage of emerging legal issues relating to the COVID pandemic and devotes increased attention to social justice issues including possible implications for government liability.
The State and New Cinema in Contemporary India: 1960–1997
by Sudha TiwariThis book examines the relationship between the newly independent Indian state and its New Cinema movement. It looks at state formative practices articulating themselves as cultural policy. It presents an institutional history of the Film Finance Corporation (FFC), later the National Film Development Corporation (NFDC), and their patronage of the New Cinema in India, from the 1960s to the 1990s, bringing into focus an extraordinary but neglected cultural moment in Indian film history and in the history of contemporary India. The chapters not only document the artistic pursuit of cinema, but also the emergence of a larger field where the market, political inclinations of the Indian state, and the more complex determinants of culture intersect — how the New Cinema movement faced external challenges from the industrial lobby and politicians, as well as experienced deep rifts from within. It also shows how the Emergency, the Janata Party regime, economic liberalization, and the opening of airwaves all left their impact on the New Cinema. The volume will be of great interest to scholars and researchers of film studies, politics and public policy, especially cultural policy, media and culture studies, and South Asian studies.
The State and the Paradox of Customary Law in Africa (Cultural Diversity and Law)
by Olaf Zenker Markus Virgil HoehneCustomary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
State Apologies to Indigenous Peoples: Law, Politics, Ethics (ISSN)
by Francesca DominelloThis book considers the ethics and politics of state apologies made to Indigenous peoples.The prevalent tendency to treat an apology as a speech act has maintained the focus on the state leader making the apology and not on the victims’ claims. This book demonstrates the inherent shortcomings of this approach through an examination of apologies delivered to Indigenous peoples in Australia and Canada. Contrasting the texts of these apologies with Indigenous peoples' responses, the book develops an understanding of apology as a relational process. This involves engaging indigenous peoples in dialogue, the aim of which would be to address past injuries by fulfilling the apology's transformative promise of 'never again' to indigenous peoples' satisfaction. The book concludes by examining more recent developments in Australia and Canada that highlight the contunuing need for government accountability to fulfil this promise and ensure indigenous people's rights and interests are upheld. This book will be of considerable interest to scholars and students in the fields of law and politics , Indigenous studies; forgiveness studies; transitional justice and reconciliation; settler colonialism and decolonisation.
State Behavior and the International Criminal Court: Between Cooperation and Resistance
by Franziska BoehmeThis book analyses patterns and causes of state cooperation with the International Criminal Court. The work focuses on several African cases, including those against leading state officials, to dive into current debates about compliance with international law and resistance to international courts. The book, which draws on interview data collected in The Hague, Kenya, and South Africa, reveals the diversity of state behaviors ranging from full compliance and diplomatic support to partial compliance to resistance and exit. This redirects the widespread narrative about African resistance against the ICC to include evidence of continued Court support. It is argued that the degree of cooperation the Court receives is affected by a government’s perceived costs and benefits of executing an ICC request: a cooperation request is considered high-cost or low-cost depending on the suspect’s position, the type of action requested, and the government’s domestic and regional policy objectives. In response, the Court has been careful not to alienate states further, thus highlighting that the Court is both above and below the state: having the power to charge individuals including state officials, but relying on governments—sometimes those from which suspects hail—to provide critical information about the same suspects. The book will be of interest to academics, researchers and policy-makers working in the areas of international law, human rights, international criminal justice, and international relations.
State Control over Private Military and Security Companies in Armed Conflict
by Hannah TonkinThe past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.
State Department Counterintelligence: Leaks, Spies, and Lies
by Robert David BoothA veteran counterintelligence agent presents a revealing chronicle of his State Department investigations into intelligence leaks and spying on US soil. On October 7th, 1974, Robert D. Booth swore an oath to support and uphold the United States Constitution as a special agent of the State Department&’s Office of Security. As a member of the Special Investigations Branch, he investigated numerous information leaks, losses of classified documents, and instances of espionage. Now, in State Department Counterintelligence, Booth reveals some of the most egregious leaks, spies, and lies that have adversely affected national security over his decades-long career. Booth tells the story of his pivotal role in three major counterespionage assignments as well as numerous investigations into unauthorized disclosures—including the unmasking of Fidel Castro&’s most damaging US citizen spy. With the narrative style of a political thriller, Booth brings readers inside the real world of counterintelligence.
State Food Crimes
by Howard-Hassmann Rhoda E.Some states deny their own citizens one of the most fundamental human rights: the right to food. Rhoda E. Howard-Hassmann, a leading scholar of human rights, discusses state food crimes, demonstrating how governments have introduced policies that cause malnutrition or starvation among their citizens and others for whom they are responsible. The book introduces the right to food and discusses historical cases (communist famines in Ukraine, China and Cambodia, and neglect of starvation by democratic states in Ireland, Germany and Canada). It then moves to a detailed discussion of four contemporary cases: starvation in North Korea, and malnutrition in Zimbabwe, Venezuela, and the West Bank and Gaza. These cases are then used to analyse international human rights law, sanctions and food aid, and civil and political rights as they pertain to the right to food. The book concludes by considering the need for a new international treaty on the right to food.
State Formation After Civil War: Local Government in National Peace Transitions
by Derek M PowellState formation after civil war offers a new model for studying the formation of the state in a national peace transition as an integrated national phenomenon. Current models of peacebuilding and state building limit that possibility, reproducing a fragmented, selective view of this complex reality. Placing too much emphasis on state building as design they place too little on understanding state formation as unplanned historical process. The dominant focus on national institutions also ignores the role that cities and civic polities have played in constituting the modern state. Mining ideas from many disciplines and evidence from 19 peace processes, including South Africa, the book argues that the starting point for building a systematic theory is to explain a distinct pattern to state formation that can be observed in practice: Despite their conflicts people in fragile societies bargain terms for peaceful coexistence, they make attempts to constitute the right to rule as valid state authority, in circumstances prone to conflict, over which they have imperfect influence, not control. Though the kind of institutions created will differ with context, how rules for state authority are institutionalized follows a consistent basic pattern. That pattern defines state formation in peace transitions as both a unified, if contingent, field of normative practice and an object of comparative study. Where the national-centric models see local government as a matter belonging to policy on decentralization for later in the reconstruction phase, the book uncovers a distinct "local government dimension" to peace transitions: A civic dimension to national conflicts that must be explained; incipient or proto-local authorities that emerge even during civil war, in peace making, after state collapse; the fact that it is common for peace agreements and constitutions to include rules for local authority, for local elections to be held as part of broader democratization, and for laws to be enacted to establish local government as part of peace compacts. The book develops the concept of local peace transition to explain the distinctive constitutive role of this local dimension in peace-making and state formation. This path-breaking book will be of compelling interest to practitioners, scholars and students of comparative constitutional studies, international law, peace building and state building.
State Fragility Around the World: Fractured Justice and Fierce Reprisal
by Laurie A. Gould Matthew PateFailed and fragile states often govern through the criminalization of otherwise inconsequential or tolerated acts. These weak states also frequently use kidnapping, murder, and other violent or oppressive tactics to maintain order and stay in power. State Fragility Around the World: Fractured Justice and Fierce Reprisal analyzes the path to state f
State Government Budget Stabilization
by Yilin HouThis book is the first comprehensive, full-scale treatment of the law, politics and economics with regard to the policies and policy instruments for budget stabilization at the state level. Covering the period from 1946 through 2008 in the United States, it provides details on the methods and results of empirical tests of the effects of budget stabilization instruments on government operations, public service provision, and some other aspects of social and economic life. With the lingering effects of the most recent financial crisis and economic downturn, and the subsequent Tea Party movement advocating smaller government and deficit reduction, this book carries timely and important theoretical as well as practical implications, particularly in regard to the potential for counter-cyclical fiscal policy in mitigating negative impacts during a recession. The first contribution of the book is in public finance theory: it provides insights into the applications of the stabilization function in the context of strong government, thereby refining Keynesianism. The second aspect is in Public Choice: the creation and functioning of budget stabilization funds offer extra evidence to demonstrate that the general public provides input and voice in more than the conventional ways when it comes to policy making, even in an area dominated by strong government. The third aspect is in policy making, exploring the opportunities for refining policy tools in preparation for future downturns.
The State Governor (U.S. Government)
by Martha E. RustadWhat does a state governor do? Learn about the duties of a state governor, who can be a state governor, where they work, and how state governors are elected. Descriptive main text, full-color photos, fast facts, and callout definitions work together to support understanding.
State Immunity and International Investment Law
by Zixin MengThe book provides a sophisticated analysis of state immunity from an enforcement perspective. It covers all relevant legal techniques of enforcing an arbitral award against a sovereign state. Besides tackling the plea of state immunity through the courts, this book also covers notable non-judicial remedial measures which may aid the aggrieved investors in satisfying their claims against state parties to a dispute. These measures may be used either to enhance the effectiveness of judicial remedies or as stand-alone remedies when legal measures seem (or prove to be) ineffective. After having identified problems arising from a lack of universal agreement on state immunity and the diversity and, more dishearteningly, the inadequacy of forms of enforcement available to an aggrieved claimant, this book proposes a new approach to solve state immunity issues. The international community must work towards the setting up of a central enforcement agency, a functional model of enforcement.
The State Immunity Controversy in International Law: Private Suits Against Sovereign States in Domestic Courts
by Ernest K. BankasThe author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
State Immunity in International Law
by Xiaodong YangThe immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.
State Interest and the Sources of International Law: Doctrine, Morality, and Non-Treaty Law (Routledge Research in International Law)
by Markus P. BehamThis book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.
The State, Justice, and the Common Good: An Introduction to Social and Political Philosophy
by B. J. DiggsThe State, Justice, and the Common Good An Introduction to Social and Political Philosophy
State, Law, and Adivasi: Shifting Terrains of Exclusion
by Antje Linkenbach Vidhu VermaThis volume presents an overview of the relationship between the state, law, and Adivasis that have experienced a profound political shift due to privatization of natural resources. It discusses the role of the corporates and its impact on livelihoods of the Adivasis in India. For the Indian state, a significant challenge is to establish a new normative framework for indigenous autonomy based on the values of equality and sustainability. This calls for recognition of the right to self-determination and exercise of collective rights of the Adivasis. The chapters in this volume examine: • 'Exclusion' as a useful framework for analyzing the various axes of inequality that affect the Adivasi communities • How state, development, and Adivasi politics play out in entangled ways in the social, political and legal domains • The interplay of and the deep tension between the promise of legal protection and the realities of inadequate implementation.
State Law, Dispute Processing And Legal Pluralism: Unspoken Dialogues From Rural India (Law and Anthropology)
by Kalindi KokalThis book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen’s community belonging to the caste of Hindu Machimār Koḷīs in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotiā, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.
State Liability and the Law: A Historical and Comparative Analysis (Routledge Studies in Comparative Legal History)
by Bartłomiej WróblewskiThis book explores the historical foundations of holding public authorities accountable for their acts, and discusses how and why the idea that the state should or should not be held liable became established in three significant jurisdictions. The issue of state liability for legislative acts is considered one of the most difficult and controversial problems in jurisprudence. This book analyses the development of concepts and institutions of liability for the acts of legislator pertaining to the general principles of state liability until the mid-20th century in the leading European legal systems: Germany, France and Great Britain. It is shown that, in contrast to the prevailing conviction, the lack of liability for law-making instruments was not an unassailable dogma, and that questions as to whether such liability was possible were being asked from the Middle Ages onwards. The book will be a valuable resource for academics and researchers in the areas of Constitutional Law, Public Law, History of Law, History of Legal and Political Thought, Philosophy of Law, and Comparative Legal Studies.
State Neutrality: The Sacred, the Secular and Equality Law
by Kerry O'HalloranThe state is legally required to be neutral towards religion, but in many countries it is increasingly anything but. This book conducts a comparative legal analysis of the church–state relationship within and between western countries – including the USA, France and Israel – that are key players in international and domestic dynamics in which religion and religious conflict take centre stage. It analyses how government accommodates diversity, how policies of multiculturalism and pluralism translate into legislation, the extent to which they address matters of religion and belief and what pattern of related issues then come before the courts. Finally, it considers how civil society and democracy in general can maintain a balance between the interests of those of different religions and beliefs and those of none. In this illuminating study, Kerry O'Halloran shows how the relationship between religion and government affects civil society and the functioning of democracy in North America and Europe.
State Ocean Jurisdiction (Routledge Research on the Law of the Sea)
by Patrick Henri VranckenProposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.
The State of Play: Law, Games, and Virtual Worlds (Ex Machina: Law, Technology, and Society #2)
by Beth Simone Noveck Jack BalkinThe State of Play presents an essential first step in understanding how new digital worlds will change the future of our universe. Millions of people around the world inhabit virtual words: multiplayer online games where characters live, love, buy, trade, cheat, steal, and have every possible kind of adventure. Far more complicated and sophisticated than early video games, people now spend countless hours in virtual universes like Second Life and Star Wars Galaxies not to shoot space invaders but to create new identities, fall in love, build cities, make rules, and break them.As digital worlds become increasingly powerful and lifelike, people will employ them for countless real-world purposes, including commerce, education, medicine, law enforcement, and military training. Inevitably, real-world law will regulate them. But should virtual worlds be fully integrated into our real-world legal system or should they be treated as separate jurisdictions with their own forms of dispute resolution? What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen?These questions, and many more, are considered in The State of Play, where legal experts, game designers, and policymakers explore the boundaries of free speech, intellectual property, and creativity in virtual worlds. The essays explore both the emergence of law in multiplayer online games and how we can use virtual worlds to study real-world social interactions and test real-world laws.Contributors include: Jack M. Balkin, Richard A. Bartle, Yochai Benkler, Caroline Bradley, Edward Castronova, Susan P. Crawford, Julian Dibbell, A. Michael Froomkin, James Grimmelmann, David R. Johnson, Dan Hunter, Raph Koster, F. Gregory Lastowka, Beth Simone Noveck, Cory Ondrejka, Tracy Spaight, and Tal Zarsky.
State of Secularism: Religion, Tradition and Democracy in South Africa
by Dhammamegha Annie LeattThe Dutch Reformed Church, it was said in apartheid South Africa, was the National Party at prayer, and indeed, given that the Bible was so fundamental to much of the legislation that governed the apartheid state, that apparently satirical description had the ring of truth. ?Religion in South Africa?s past?, writes Dhammamegha Annie Leatt has been ?saturated by politics? and politics ?saturated by religion?. So how, she asks, was it possible for a new state to found itself without religious authority? Why did the churches give up so much of their political role in the transition? How can we think about tradition and the customary in relation to secularism? How can we not? In The State of Secularism Leatt guides the reader from a history of global political secularism through an exploration of the roles played by religion and traditional authority in apartheid South Africa to the position of religion in the post-apartheid state. She analyses the negotiations relating to religion in the constitution-making process, arguing, that South Africa is both secular in its Constitution and judicial foundations and increasingly non-secular in its embrace of traditional authorities and customary law. In the final chapter Leatt turns her attention to post-apartheid South Africa, examining changing relationships between churches and the ruling African National Congress and the increasing influence of traditional leaders and evangelical Christians in an anti-liberal alliance. This book makes a tremendous contribution to the literature on postcolonial politics on the African continent. It has wonderful insights into the founding of a constitutional democracy in South African and will appeal to students in history, politics, sociology and anthropology and constitutional law.