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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 Jack M. Balkin Beth Simone NoveckThe 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.
The State of Secularism: Religion, Tradition and Democracy in South Africa
by Dhammamegha Annie LeattA history of global political secularism comparing religion and traditional authority in apartheid South Africa. The 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.
State of Silence: The Espionage Act and the Rise of America's Secrecy Regime
by Sam LebovicAn "essential guide" (Beverly Gage, Pulitzer Prize–winning author of G-Man) to how the Espionage Act gave rise to a vast American security state that keeps citizens in the dark In State of Silence, political historian Sam Lebovic uncovers the troubling history of the Espionage Act. First passed in 1917, it was initially used to punish critics of World War I. Yet as Americans began to balk at the act&’s restrictions on political dissidents and the press, the government turned its focus toward keeping its secrets under wraps. The resulting system for classifying information is absurdly cautious, staggeringly costly, and shrouded in secrecy, preventing ordinary Americans from learning what their country is doing in their name, both at home and abroad. Shedding new light on the bloated governmental security apparatus that&’s weighing our democracy down, State of Silence offers the definitive history of America&’s turn toward secrecy—and its staggering human costs.
The State of the Nation
by Fali S. NarimanA definitive, analytical and meticulous account of the present state of the nation – from a constitutional perspective – by one of India’s most respected legal luminaries An ardent defender of the Constitution of India, Fali Nariman has today attained the status of an outstanding lawyer who strongly believes in the rule of the law and stands by his convictions. In this timely volume, the author highlights crucial issues that the legislature, the executive, judiciary, the bar and the common people have to deal with virtually on a day-to-day basis. His main focus is on corruption at various levels and in ‘hallowed’ institutions, including the judiciary. The author contends that the legislative and executive wings of the government – the elected representatives of the people – were (and are) expected to provide for the welfare of the people. He points out that they have failed miserably simply because making of laws is not enough; applying and enforcing laws – which are also the primary duties of the government – have left much to be desired. Consequently, it is the judiciary that tells the government when and how to distribute excess food, what crops to grow and what not to grow, which economic projects are good for the country and which are not, and what fuel should be used in our vehicles and whether 2G/3G licences should be allotted only through auctions! The judiciary is hence accused of overreach! The contents also throw light on other important subjects such as: the implications of reservations for certain sections of the population (including minorities); the true purpose and significance of the Constitution; Centre–State relations; and whether the Constitution has benefited the common people over the years. This is a book that is absorbing as well as thought-provoking that will make the readers put on their thinking caps.
The State of the World's Land and Water Resources for Food and Agriculture: Managing Systems at Risk
by Food and of the United NationsThe State of the World's Land and Water Resources for Food and Agriculture is FAO's first flagship publication on the global status of land and water resources. It is an 'advocacy' report, to be published every three to five years, and targeted at senior level decision makers in agriculture as well as in other sectors. SOLAW is aimed at sensitizing its target audience on the status of land resources at global and regional levels and FAO's viewpoint on appropriate recommendations for policy formulation. SOLAW focuses on these key dimensions of analysis: (i) quantity, quality of land and water resources, (ii) the rate of use and sustainable management of these resources in the context of relevant socio-economic driving factors and concerns, including food security and poverty, and climate change. This is the first time that a global, baseline status report on land and water resources has been made. It is based on several global spatial databases (e.g. land suitability for agriculture, land use and management, land and water degradation and depletion) for which FAO is the world-recognized data source. Topical and emerging issues on land and water are dealt with in an integrated rather than sectoral manner. The implications of the status and trends are used to advocate remedial interventions which are tailored to major farming systems within different geographic regions.
State-Owned Enterprise's Ownership Reform: A Chinese Modernization Approach (China Perspectives)
by Zhigang ZhengIn reviewing the new round of state-owned enterprise (SOE) reforms characterized by mixed ownership since 2013 in China, this book systematically investigates the theoretical underpinnings, model options and approaches to implementation of SOE mixed-ownership reforms. SOE reforms have functioned as an integral part of China’s transformation to a market-oriented economy. Responding to the changing economic context and negative repercussions of earlier SOE reforms launched in the late 1990s, SOE mixed-ownership reforms encourage the participation of different types of capital and sounder management mechanisms. The author first reviews the impetus behind SOE mixed-ownership reforms and discusses how modern property rights theory and decentralized control theory perform as the theoretical underpinnings of the reforms. Based on cases of many completed SOE mixed-ownership reforms, the book summarizes and assesses the feasible models and implementation details of the reforms. It also examines how the reforms have impacted state-owned assets as well as executives’ compensation and incentives, both of which run parallel to the core reforms surrounding ownership. The book will appeal to professional readers studying entrepreneurial theory, corporate governance, China’s SOE reforms and Chinese business and the economy, as well as investors and policy makers interested in the Chinese market and Chinese enterprise reform.
State-Owned Multinationals: Governments in Global Business (JIBS Special Collections)
by Alvaro Cuervo-CazurraThis book provides a deep understanding of state-owned multinationals (SOMNCs) and their role in global business. SOMNCs have emerged as a force to contend with in global competition, and their study connects several fields such as economics, political economy, international business and global strategy. This prestigious collection of articles presents insights into the interaction between government ownership and internationalization, and aims to provoke new research approaches and insights on the topic. The book includes some of the key contributions to our understanding of these firms and new commentaries explaining how to analyze them. This book is essential reading for academics and consultants looking to gain a clearer understanding of SOMNCs and how to research them.
State Renaissance for Peace: Transitional Governance under International Law
by Emmanuel H. De GroofAfter 1989, the function of transitional governance changed. It became a process whereby transitional authorities introduce a constitutional transformation on the basis of interim laws. In spite of its domestic nature, it also became an international project and one with formidable ambitions: ending war, conflict or crisis by reconfiguring the state order. This model attracted international attention, from the UN Security Council and several regional organisations, and became a playing field of choice in international politics and diplomacy. Also without recourse to armed force, international actors could impact a state apparatus – through state renaissance. This book zooms in on the non-forcible aspects of conflict-related transitional governance while focusing on the transition itself. This study shows that, neither transitional actors nor external actors must respect specific rules when realising or contributing to state renaissance. The legal limits to indirectly provoking regime change are also being unveiled.
State Responsibility
by James CrawfordAnnexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge University Press, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.
State Responsibility and Rebels: The History and Legacy of Protecting Investment Against Revolution (Cambridge Studies in International and Comparative Law #161)
by Kathryn GreenmanThis book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.
State Responsibility for Breaches of Investment Contracts (Cambridge Studies in International and Comparative Law #136)
by Jean HoThere is a wealth of material that shapes the law of State responsibility for breaches of investment contracts. First impressions of an unsettled or uncertain law have thus far gone unchallenged. But unchallenged first impressions point to the need for a detailed study that investigates and analyses the sources, the content, the characteristics, and the evolution of this law. The argument at the heart of this monograph is that the law of state responsibility for breaches of investment contracts has carved a unique and distinct trajectory from the traditional route for the creation of international law, developing principally from arbitral awards, and mimicking, to a considerable extent, the general international law on the protection of aliens and alien property. This book unveils the remarkable journey of the law of state responsibility for breaches of investment contracts, from its origins, to its formation, to its arrival at the cusp of maturity.
State Responsibility in International Law (The Library of Essays in International Law)
by René ProvostIn the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.
State Responsibility in the International Legal Order: A Critical Appraisal
by Katja CreutzState responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.
State Secretaries of State: Guardians of the Democratic Process (Election Law, Politics, And Theory Ser.)
by Jocelyn F. BensonNearly a decade after the 2000 Presidential elections invited a firestorm of questions about the sanctity of our democratic process, there continues to be a heightened interest in the role of state-wide elections officials, typically the state's Secretary of State - this book looks into their pivotal role in the promotion of a healthy democracy. Much past interest has resulted in overly critical coverage of election errors, ignoring the tireless efforts that ensure the American citizens benefit from a democratic, inclusive and accountable election process. Through a series of case studies, anecdotes, and interviews with current and recent secretaries, State Secretaries of State author Jocelyn Benson readdresses this balance by providing the first in-depth study of the Secretary's role in registering voters, enforcing voting laws and regulations, overseeing elections, and certifying results. As such, it represents a much-needed contribution to the study of US elections, both in practice and in law.
State Security Regimes and the Right to Freedom of Religion and Belief: Changes in Europe Since 2001 (Routledge Research in Human Rights Law)
by Karen MurphyThe question of to what extent, manifestations of religious beliefs should be permitted in the European public sphere has become a salient and controversial topic in recent years. Despite the increasing interest however, debates have rarely questioned the conventional wisdom that an increase in the range of security measures employed by a government inevitably leads to a decrease in the human rights enjoyed by individuals. This book analyses the relationship between state security regime changes and the right to religious freedom in the EU. It presents a comparative analysis of the impact these regime changes have had on the politics, policies and protections of religious freedom across the EU member states in the post-2001 environment. The book provides a timely investigation into the role of national legislation, the European Court of Human Rights, and societal trends in the protection of religious freedom, and in so doing demonstrates why the relationship between state security and religious freedom is one of the most socially significant challenges facing policymakers and jurists in Europe at the present time.
State Territory and International Law (Routledge Research in International Law)
by Josephat EzenwajiakuThis book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.
State Terrorism and the United States: From Counterinsurgency to the War on Terrorism
by Frederick H. GareauAn analysis of America's involvement in training of foreign military.
State-to-state Arbitration based on International Investment Agreements: Scope, Utility and Potential (European Yearbook of International Economic Law #10)
by Angshuman HazarikaThis book discusses the use of the compromissory clause in international investment agreements (IIAs) for interstate dispute resolution. It puts forward the possibility of using state-to-state arbitration based on the compromissory clause in IIAs as an alternative means of resolving investment disputes in light of the global debate on the shortcomings of investor-state arbitration. The book’s main conclusion is that state-to-state arbitration may be used as an alternative to currently popular investor-state arbitration by resolving procedural hurdles which impede its acceptance. It becomes more important with the removal of investor-state arbitration as an option in certain recent IIAs, which then elevates state-to-state arbitration as the sole option for binding third party dispute resolution in the treaty. Even then, it is unlikely to replace investor-state arbitration completely due to its inherent shortcomings, such as the risk of re-politicising disputes and a lack of direct control over the process for the affected investors. Nevertheless, the availability of an alternative forum will benefit all parties involved, as they will no longer be wholly dependent on investor-state arbitration, which can be affected by events such as denunciation from the ICSID Convention or the refusal of a host state to enforce an arbitration award.
State Trials, Volume I: Treason and Libel (Routledge Revivals)
by Donald ThomasState Trials, Volume I (first published in 1972) contains cases concerned with treason and the freedom of press gathered from the full edition of State Trials completed in 1826. The author has selected some of the most interesting and important trials for this volume.The book includes a general introduction, explaining the significance of State Trials as a whole. Each selected case is then introduced by a short essay, which explains the events surrounding the trial and its importance in relation to legal history. State Trials will always be one of the most vivid and fascinating accounts of English life in all documentary literature. Tales of murder, treason, bigamy, adultery, political conspiracy, the scandals of the prison system, and the brutality of imperial conquest are told through the words of the great and the humble. Murderers, pornographers, conquerors, and heroes, all come alive in their own words. This book will be a fascinating read for students and researchers of law and history, and general readers interested in the topic.
State Trials, Volume II: The Public Conscience (Routledge Revivals)
by Donald ThomasState Trials, Volume II (first published in 1972) contains cases concerned with witchcraft, the scandals of the prisons, and colonial administration gathered from the full edition of State Trials completed in 1826. The author has selected some of the most interesting and important trials for this volume.The book includes a general introduction, explaining the significance of State Trials as a whole. Each selected case is then introduced by a short essay, which explains the events surrounding the trial and its importance in relation to legal history. State Trials will always be one of the most vivid and fascinating accounts of English life in all documentary literature. Tales of murder, treason, bigamy, adultery, political conspiracy, the scandals of the prison system, and the brutality of imperial conquest are told through the words of the great and the humble. Murderers, pornographers, conquerors, and heroes, all come alive in their own words. This book will be a fascinating read for students and researchers of law and history, and general readers interested in the topic.