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This book presents an overview of different institutional arrangements for tourism, biodiversity conservation and rural poverty reduction in eastern and southern Africa. These approaches range from conservancies in Namibia, community-based organizations in Botswana, conservation enterprises in Kenya, private game reserves in South Africa, to sport hunting in Uganda and transfrontier conservation areas. The book presents a comparative analysis of these arrangements and highlights that most arrangements emerged in the 1990s through either a decentralized or centralized change trajectory that was sponsored by donors. They aim to address some of the challenges of the 'fortress' types of conservation by combining principles of community-based natural resource management with a neoliberal approach to conservation, evident in the use of tourism as the main mechanism for accruing benefits from wildlife. The book illustrates the empirical relevance of these novel arrangements by presenting their growth in numbers and discuss how these arrangements differ in their form. With respect to the conservation and development impacts of these arrangements, we show that they have secured large amounts of land for conservation, but also generated governance challenges and disputes on tourism benefit sharing, affecting the stability of these arrangements to generate socioeconomic and conservation benefits.
Behavioral neuroscience encompasses the disciplines of neurobiology and psychology to study mechanisms of behavior. This volume provides a contemporary overview of the current state of how ethics informs behavioral neuroscience research. There is dual emphasis on ethical challenges in experimental animal approaches and in clinical and nonclinical research involving human participants.
This volume is a very interesting research project that includes the most careful work on constitutional power and limits to authority of which I am aware. In general, the contributors find that constitutional negotiations normally took place in settings where uncertainty was considerable. They also find that the more detailed the characterization of power relationships, the more liberal and durable the democracy tends to be. Roger D. Congleton This book addresses the issue of the impact of uncertainty in constitutional design. To what extent do constitution drafters and adopters make their decisions behind a veil of ignorance? More fundamentally, can we infer from constitutional texts the degree of uncertainty faced by constitution drafters and adopters? After an introduction (chapter 1), the book proceeds in two parts. The first part (chapters 2 to 4) introduces to the intellectual filiation of the project and to its theoretical and methodological foundations. The second part (chapters 5 to 13) presents nine case studies built on the same structure: historical account of the making of the Constitution, results of the content analysis of the constitutional text, and discussion of specific issues raised in the analysis. Chapter 14 concludes.
Ballot box voting is often considered the essence of political freedom. But, it has two major shortcomings: individual voters have little chance of making a difference, and they also face strong incentives to remain ignorant about the issues at stake. "Voting with your feet," however, avoids both of these pitfalls and offers a wider range of choices. In Free to Move, Ilya Somin explains how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. People can vote with their feet by making decisions about whether to immigrate, where to live within a federal system, and what to purchase or support in the private sector. These three areas are rarely considered together, but Somin explains how they have major common virtues and can be mutually reinforcing. He contends that all forms of foot voting should be expanded and shows how both domestic constitutions and international law can be structured to increase opportunities for foot voting while mitigating possible downsides. Somin addresses a variety of common objections to expanded migration rights, including claims that the "self-determination" of natives requires giving them the power to exclude migrants, and arguments that migration is likely to have harmful side effects, such as undermining political institutions, overburdening the welfare state, increasing crime and terrorism, and spreading undesirable cultural values. While these objections are usually directed at international migration, Somin shows how a consistent commitment to such theories would also justify severe restrictions on domestic freedom of movement. That implication is an additional reason to be skeptical of these rationales for exclusion. By making a systematic case for a more open world, Free to Move challenges conventional wisdom on both the left and the right.
This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived.
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
This book evaluates the history, the present and the future of water markets on 5 continents, beginning with the institutional underpinnings of water markets and factors influencing transaction costs. The book examines markets in seven countries and three different U.S. states, ranging from village-level water markets in Oman to basin wide formal water markets in Australia's Murray-Darling River basin. Introductory chapters on the background of water markets and on transaction costs and policy design are followed by chapter length discussion of water markets as an adaptive response to climate change and of supply reliability in a changing climate. Case studies describe a variety of facets of the design and function of markets around the world: California, Chile, Spain, Oman, Australia, Canada, India and China. In analyzing these real-world examples of markets, the contributors explore water rights and trading of rights between agricultural and urban sectors and the principles and function of option markets. They discuss different sized approaches, from large scale, ministry-level administration of markets to informal arrangements among farmers in the same village, or groups of villages which allocate water without large investment in management and infrastructure. Discussion includes questions of why water market practices have not expanded more rapidly in arid places. The book discusses mechanisms for resolving conflicts between water rights holders as well as between water right holders and third parties impacted by water trades and whether or not public ownership of water rights or use rights should trump private ownership and under what condition. Also covered are new and expanding categories of water use, beyond human consumption, agriculture and industry to new technologies ranging from extracting natural gas from shale to producing biofuels. The book concludes with suggestions for future water markets and offers a realistic picture of how they might change water use and distribution practices going forward.
This edited volume is the first collection of essays exploring the intersection of social economics and the law, providing alternatives to neoclassical law-and-economics and applying them to real-world issues. Law is a social enterprise concerned with values such as justice, dignity, and equality, as well as efficiency - which is the same way that social economists conceive of the economy itself. Social economists and legal scholars alike need to acknowledge the interrelationship between the economy and the law in a broader ethical context than enabled by mainstream law-and-economics. The ten chapters in Law and Social Economics, written by an international assortment of scholars from economics, philosophy, and law, employ a wide variety of approaches and methods to show how a more ethically nuanced approach to economics and the law can illuminate both fields and open up new avenues for studying social-economic behavior, policy, and outcomes in all their ethical and legal complexity.
This book studies the organizational influences on judicial discretion within Adjudicative Committee (AC) proceedings in China. It argues that institutional reforms and practice have mainly reduced judicial discretion within AC proceedings through the rationalization of organizational processes. This central argument will be of particular interest to the readers, as previous studies offer little insight into the overall impacts of judicial institution reforms. This book is the first that uses the bounded rationality theory developed in economics and related disciplines to formulate an analytic framework for a systematic and comprehensive examination of the impacts of organizational factors on discretion within Adjudicative Committees' decision-making processes. Readers will gain a practical and fresh understanding of the Chinese judicial reforms.
Against the Carceral Archive is a meditation upon what author Damien M. Sojoyner calls the “carceral archival project,” offering a distillation of critical, theoretical, and activist work of prison abolitionists over the past three decades. Working from collections at the Southern California Library (Black Panthers, LA Chapter; the Coalition Against Police Abuse; Urban Policy Research Institute; Mothers Reclaiming Our Children; and the collection of geographer Clyde Woods), it builds upon theories of the archive to examine carcerality as the dominant mode of state governance over Black populations in the United States since the 1960s. Each chapter takes up an element of the carceral archive and its destabilization, destruction, and containment of Black life: its notion of the human and the production of “pejorative blackness,” the intimate connection between police and military in the protection of racial capitalism and its fossil fuel–based economy, the role of technology in counterintelligence, and counterinsurgency logics. Importantly, each chapter also emphasizes the carceral archive’s fundamental failure to destroy “Black communal logics” and radical Black forms of knowledge production, both of which contest the carceral archive and create other forms of life in its midst. Concluding with a statement on the reckoning with the radical traditions of thought and being which liberation requires, Sojoyner offers a compelling argument for how the centering of Blackness enables a structuring of the mind that refuses the violent exploitative tendencies of Western epistemological traditions as viable life-affirming practices.
Since 1979, China has been building new legal institutions made
necessary by economic reforms that have reduced the role of state
planning, and by the decline of Maoist totalitarianism. This book
analyzes the principal legal institutions that have emerged and
assesses the prospects for increasing the rule of law in China.
This book deals with water policy in Israel. It offers a detailed examination of the main sources of Israel's water, its principle consumers, the gap between supply and demand, and the complex, contentious work of analyzing and devising the nation's water management and use policies. Water Policy in Israel is arranged in five broad sections: The dynamics of moving from one policy era to another; Supply management; Demand management; The importance of the Sea of Galilee and the Dead Sea; and Regional and global issues including water conflict and cooperation and climate change.
This book examines the role religion played in the dismantling of Yugoslavia; addressing practical concerns of inter-ethnic fighting, religiously-motivated warfare, and the role religion played within the dissolution of the nation.
The focus of the book is the cost of empire, particularly the cost in the American case - the internal burden of American global leadership. The book builds an argument about the propensity of external responsibilities to undermine the internal strength, raising the question of the link between weakening and the global spread of American power.
Often law students don't achieve the results they are capable of, not because of a lack of intellectual ability, but because they haven't fully understood what is required of them and what they could and should do to achieve higher marks. Acing the LLB will help those students realise their full potential and achieve the very best marks. It explains what lecturers are looking for in a top class answer and is packed with easy-to-follow practical advice that students can use to improve their performance. The author draws upon his own experiences as a lecturer and marker of student work as well as those of colleagues at a range of institutions to offer sound and realistic advice. Engaging, accessible and very readable, this is an ideal guide for anyone starting out on an LLB or for current law students who are looking to improve their grades.
Often law students don't achieve the results they are capable of, not because of a lack of intellectual ability, but because they haven't fully understood what is required of them and what they could and should do to achieve higher marks. Acing the LLB will help those students realise their full potential and achieve the very best marks. It explains what lecturers are looking for in a top class answer and is packed with easy-to-follow practical advice that students can use to improve their performance. The author draws upon his own experiences as a lecturer and marker of student work as well as those of colleagues at a range of institutions to offer sound and realistic advice. Engaging, accessible and very readable, this is an ideal guide for anyone starting out on an LLB or for current law students who are looking to improve their grades.
As many as one in four adults in the workforce will suffer from psychiatric illness in a given year. Such illness can have serious consequences -- job loss, lawsuits, workplace violence-yet the effects of mental health issues on job functioning are rarely covered in clinical training. In addition, clinicians are often asked to provide opinions on an employee's fitness for work or an evaluation for disability benefits, only to find themselves embroiled in complex legal and administrative conflicts. A unique collaboration between a renowned clinical professor of psychiatry and a noted legal expert, Evaluating Mental Health Disability in the Workplace approaches the topic from two distinct areas: the legal context and issues relevant to disability and disability-related evaluations, and the interplay of factors in the relationship between work and psychiatric illness. From this dual perspective, the authors advocate for higher professional standards ensuring that employers, evaluees, or third parties are provided with the most reliable information. Key features of the book: A robust assessment model of psychological disability in the workplace Practice guidelines for conducting workplace mental health disability evaluations Legal and ethical aspects of employment evaluations, especially as they differ from clinical procedure Examination of the process of psychiatric disability development Issues specific to evaluations for Social Security, Workers' Compensation, and other disability benefit programs Review of relevant administrative and case law. As an introduction to these complex issues or for the further improvement of evaluation skills, Evaluating Mental Health Disability in the Workplace is a timely reference for psychiatrists, psychologists, forensic mental health specialists, and attorneys in this field.
Prominent in the EU's recent transformations has been the tendency to advance extraordinary measures in the name of crisis response. From emergency lending to macro-economics, border management to Brexit, policies are pursued unconventionally and as measures of last resort. This book investigates the nature, rise, and implications of this politics of emergency as it appears in the transnational setting. As the author argues, recourse to this method of rule is an expression of the deeper weakness of executive power in today's Europe. It is how policy-makers contend with rising socio-economic power and diminishing representative ties, seeking fall-back authority in the management of crises. In the structure of the EU they find incentives and few impediments. Whereas political exceptionalism tends to be associated with sovereign power, here it is power's diffusion and functional disaggregation that spurs politics in the emergency mode. The effect of these governing patterns is not just to challenge and reshape ideas of EU legitimacy rooted in constitutionalism and technocracy. The politics of emergency fosters a counter-politics in its mirror image, as populists and others play with themes of necessity and claim the right to disobedience in extremis. The book examines the prospects for democracy once the politics of emergency takes hold, and what it might mean to put transnational politics on a different footing.
Available Open Access under CC-BY-NC licence. The public and parliamentary debate about UK abortion law is often diverted away from key moral and political questions by dispute regarding basic questions of fact. And all too often, claims of scientific ‘fact’ are ideologically driven. With each chapter written by leading experts in the fields of medicine, law, reproductive health and social science, this book offers a concise and authoritative account of the evidence regarding the likely impact of decriminalisation.
Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.
Drawing on the author's four decades of experience as a practitioner and academician working with private equity investors, entrepreneurs, and policymakers in over 100 developing countries around the world, this book uses anecdotes and case studies to illustrate and reinforce the key arguments for private equity investment in emerging economies.
The Internet and mobile telephones have made everyone more aware than ever of the computer revolution and its effects on the economy and society. 'As Time Goes By' puts this revolution in the perspective of previous waves of technical change: steam-powered mechanization, electrification, and motorization. It argues for a theory of reasoned economic history which assigns a central place to these successive technological revolutions.
The news media and the state are locked in a battle of wills in the world's emerging democratic states. It is a struggle that will determine whether or not democracy flourishes or withers in the 21st century. Using a number of case studies, including South Africa, this book evaluates what is at stake.
This book constitutes revised selected papers from the two International Workshops on Artificial Intelligence Approaches to the Complexity of Legal Systems, AICOL IV and AICOL V, held in 2013. The first took place as part of the 26th IVR Congress in Belo Horizonte, Brazil, during July 21-27, 2013; the second was held in Bologna as a joint special workshop of JURIX 2013 on December 11, 2013. The 19 papers presented in this volume were carefully reviewed and selected for inclusion in this book. They are organized in topical sections named: social intelligence and legal conceptual models; legal theory, normative systems and software agents; semantic Web technologies, legal ontologies and argumentation; and crowdsourcing and online dispute resolution (ODR). |
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