The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory.
A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.

After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context.
In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.

The World Heritage Convention (WHC) is the most comprehensive and widely ratified among UNESCO treaties on the protection of cultural and natural heritage. The Convention establishes a system of identification, presentation, and registration in an international List of cultural properties and natural sites of outstanding universal value. Throughout the years the WHC has progressively attained almost universal recognition by the international community, and even the International Criminal Tribunal for the Former Yugoslavia has recently considered sites inscribed in the World Heritage List as "values especially protection by the international community." Besides, the WHC has been used as a model for other legal instruments dealing with cultural heritage, like the recently adopted (2003) Convention on the Safeguarding of Intangible Cultural Heritage. During its more than 30 years of life, the Convention has undergone extensive interpretation and evolution in its scope of application. Operational Guidelines, which are the implementing rules governing the operation of the Convention, have been extensively revised. New institutions such as the World Heritage Centre, have been established. New links, with the World Bank and the United Nations, have developed to take into account the economic and political dimension of world heritage conservation and management. However, many legal issues remain to be clarified. For example, what is the meaning of "outstanding universal value" in the context of cultural and natural heritage? How far can we construe "universal value" in terms of representivity between the concept of "World Heritage" and the sovereignty of the territorial state? Should World Heritage reflect a reasonable balance between cultural properties and natural sites? Is consent of the territorial state required for the inscription of a World Heritage property in the List of World Heritage in Danger? What is the role of the World Heritage Centre in the management of the WHC? No comprehensive work has been produced so far to deal with these and many other issues that have arisen in the interpretation and application of the WHC. This Commentary is intended to fill this gap by providing article by article analysis, in the light of the practice of the World Heritage Committee, other relevant treaty bodies, as well as of State parties and in the hope that it may be of use to academics, lawyers, diplomats and officials involved in the management and conservation of cultural and natural heritage of international significance.

This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. What weight should the trial court give to the relevant foreign law, and how should it decide what the foreign law actually is? The way foreign law is procedurally treated in court indicates to a certain extent the degree of tolerance of a legal system towards foreign ideas. The book compares how these issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands, and Belgium.

The National Health Insurance, commonly known as the NHI, aims to ensure that all South Africans have access to appropriate, efficient and quality health services. The right to health, as an economic, social and cultural right to a universal minimum standard of health to which all individuals are entitled, requires government action and that the state provides welfare to the individual. Section 27 of the Bill of Rights affirms the right of everyone to have access to health care services. An obligation is placed on the state to achieve the progressive realisation of this right. While some legislative measures have been instituted, the National Health Insurance (NHI), however, is the direct and most germane response to that directive and towards realising universal health coverage. The NHI underpins the establishment of a unified health system in the country based on the principles of social solidarity, progressive universalism, equity and health as a public good and a social investment, thereby underscoring the values of justice, fairness and equity. Based on its principle of equity, the NHI will need to ensure a fair and just health care system for all and access to health services within reasonable periods. This book is timely as it will serve to inform stakeholders and communities of the key elements of the NHI, its structure, processes and plans for implementation

This volume is based on the symposium, "The Write Thing to Do: Ethical Considerations in Authorship & the Assignment of Credit," held at the 253rd National Meeting of the American Chemical Society in 2017. Both editors, serving on the ACS Committee on Ethics, felt that there was a need for more focused, in-depth resources on critical ethical issues, such as assignment of credit. Patricia Ann Mabrouk and Judith Currano then set a goal to develop a robust resource that explores the central issues from a variety of perspectives within the greater chemical community of practice encouraging a healthy discussion of the key issues related to assignment of credit including authorship, contributor-ship, inventorship, and copyright.

One of the most ambitious legacies of the 20th century was the universal commitment to ensure freedom from want as a human right. How far have we progressed; to what extent are countries across the world living up to this commitment? This book charts new territory in examining the extent to which countries meet their obligations to progressively realize social and economic rights - the rights to education, food, health, housing, work and social security. States have long escaped accountability for these commitments by claiming inadequate resources. The authors develop an innovative evidence based index, the Social & Economic Rights Fulfillment (SERF) Index and Achievement Possibilities Frontier methodology, making possible for the first time apples-to-apples comparisons of performance across very differently situated countries and over time. The book provides an overall global picture of progress, regress and disparities amongst and within countries and explores the factors influencing performance - including whether treaty and legal commitments, gender equity, democracy/autocracy, and economic growth, explain good performance - revealing surprising results. The data provide empirical evidence to resolve some long standing controversies over the principle of 'progressive realization'. The book concludes by observing how the SERF Index can be used in evidence based social science research, policy making and accountability procedures to advance social and economic rights. By defying the boundaries of traditional research disciplines, this work fundamentally advances our knowledge about the status of and factors promoting social and economic rights fulfillment at the dawn of the 21st century.

The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.

A long-awaited history that promises to dramatically change our understanding of race in America, What Comes Naturally traces the origins, spread, and demise of miscegenation laws in the United States - laws that banned interracial marriage and sex, most often between whites and members of other races. Peggy Pascoe demonstrates how these laws were enacted and applied not just in the South but throughout most of the country, in the West, the North, and the Midwest. Beginning in the Reconstruction era, when the term miscegenation first was coined, she traces the creation of a racial hierarchy that bolstered white supremacy and banned the marriage of Whites to Chinese, Japanese, Filipinos, and American Indians as well as the marriage of Whites to Blacks. She ends not simply with the landmark 1967 case of Loving v. Virginia, in which the Supreme Court finally struck down miscegenation laws throughout the country, but looks at the implications of ideas of colorblindness that replaced them. What Comes Naturally is both accessible to the general reader and informative to the specialist, a rare feat for an original work of history based on archival research.

Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background to Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight into equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and in international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The book argues that the most important of these constituent elementsthe requirement of 'disadvantage'is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the books survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance.The end result is a book for both scholars and practitioners that will not only forge an enhanced general understanding of procedural fairness safeguards and standards, including from a historical perspective, but also provoke, more specifically, new reflection on the concept of equality of arms.

This important Research Handbook provides a holistic analysis of the development of the European Union's migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation. Featuring contributions from key legal specialists in EU migration and asylum law, chapters in this Research Handbook consider a variety of issues including, but not limited to, the role of the institutional framework, visas, borders, family and labour migration, refugee protection, mobility, solidarity, and externalisation. It also offers an examination of the effect of the migration 'crisis' on EU asylum and migration law and the potential legal changes this may cause, as well as a survey of the developments of the New Pact on Migration and Asylum presented by the European Commission in 2020. Topical and comprehensive, the Research Handbook on EU Migration and Asylum Law is a must read for students and academics interested in EU law, human rights, migration, and refugee law and politics. Its insights will also help to inform the work of practitioners and policy makers, and other experts in the areas of migration, asylum, EU law, and EU integration.

The material compiled in this volume brings together an edition of intergovernmental documents that survey the rationale for South-South cooperation, its scope, modalities, and strategic role and support mechanisms with the means of implementation as articulated in various outcome documents issued by the Group of 77 since its establishment in 1964.
This volume, which is intended to bring the Group's activities to a wider audience, is divided into the following chapters:
Chapter I provides an overview of the major documents related to the genesis of the Group of 77. Chapter II contains the final agreements and outcomes of major meetings of the Group of 77 on Economic Cooperation among Developing Countries (ECDC). Chapter III presents the final documents of the sessions of the Intergovernmental Follow up and Coordination Committee on Economic Cooperation among Developing Countries (IFCC) held within the framework of the Caracas Programme of Action on Economic Cooperation among Developing Countries. Chapter IV consists of final reports of the G-77 Sectoral Review Meetings in various fields of cooperation. Chapters V and VI focus on two major mechanisms of South-South cooperation, namely the Global System of Trade Preferences among Developing Countries (GSTP) and the Perez-Guerrero Trust Fund on Economic and Technical Cooperation among Developing Countries (PGTF). Finally, chapter VII draws excerpts on South-South cooperation from the outcome documents of the G-77 South Summits, Ministerial Meetings, and Chapters' Meetings, including the draft resolutions and decisions submitted by the Group of 77 in the General Assembly of the United Nations.
Two annexes are included: Annex Ipertains to the chronology of meetings of the Group of 77 on South-South cooperation covered in this volume, while Annex II lists the Member States of the Group of 77 as of June 2007.

Class arbitration first developed in the United States in the 1980s as a means of providing large numbers of individuals with the opportunity to assert their claims at the same time and in the same proceeding. Large-scale arbitration has since spread beyond U.S. borders, with collective arbitration being seen in Europe and mass arbitration being used in the international investment regime. Class, Mass and Collective Arbitration in National and International Law considers all three forms of arbitration as a matter of domestic and international law, providing arbitrators, advocates and scholars with the tools they need to evaluate these sorts of procedural mechanisms. The book covers the best-known decisions in the field - Stolt-Nielsen S.A. v. Animal Feeds International Corp. and AT&T Mobility LLC v. Concepcion from the U.S. Supreme Court and Abaclat v. Argentine Republic from the world of investment arbitration - as well as specialized rules promulgated by the American Arbitration Association, JAMS and the German Institution of Arbitration (DIS). The text introduces dozens of previously undiscussed judicial opinions and covers issues ranging from contractual (or treaty) silence and waiver to regulatory concerns and matters of enforcement. The book discusses the entire timeline of class, mass and collective arbitration, ranging from the devices' historical origins through the present and into the future. Lawyers in a wide variety of jurisdictions will benefit from the material contained in this text, which is the first full-length monograph to address large-scale arbitration as a matter of national and international law.

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts.
Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law.
Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

Election campaigns ought to be serious occasions in the life of a democratic polity. For citizens of a democracy, an election is a time to take stock-to reexamine our beliefs; to review our understanding of our own interests; to ponder the place of those interests in the larger social order; and to contemplate, and if necessary to revise, our understanding of how our commitments are best translated into governmental policy-or so we profess to believe.
Americans, however, are haunted by the fear that our election campaigns fall far short of the ideal to which we aspire. The typical modern American election campaign seems crass, shallow, and unengaging. The arena of our democratic politics seems to lie in an uncomfortable chasm between our political ideals and everyday reality.
What Are Campaigns For? is a multidisciplinary work of legal scholarship that examines the role of legal institutions in constituting the disjunction between political ideal and reality. The book explores the contemporary American ideal of democratic citizenship in election campaigns by tracing it to its historical sources, documenting its thorough infiltration of legal norms, evaluating its feasibility in light of the findings of empirical social science, and testing it against the requirements of democratic theory.

How do men's and women's paths to political office differ? Once in office, are women's powers more constrained that those of men?
The number of women in executive leadership positions has grown substantially over the past five decades, and women now govern in vastly different contexts around the world. But their climbs to such positions don't necessarily correspond with social status and the existence of gender equity.
In Shattered, Cracked, or Firmly Intact? Farida Jalalzai outlines important patterns related to women executive's paths, powers, and potential impacts. In doing so, she combines qualitative and quantitative analysis and explores both contexts in which women successfully gained executive power and those in which they did not.
The glass ceiling has truly shattered in Finland (where, to date, three different women have come to executive power), only cracked in the United Kingdom (with Margaret Thatcher as the only example of a female prime minister), and remains firmly intact in the United States. While women appear to have made substantial gains, they still face many obstacles in their pursuit of national executive office. Women, compared to their male counterparts, more often ascend to relatively weak posts and gain offices through appointment as opposed to popular election. When dominant women presidents do rise through popular vote, they still almost always hail from political families and from within unstable systems. Jalalzai asserts the importance of institutional features in contributing positive representational effects for women national leaders. Her analysis offers both a broad understanding of global dynamics of executive power as well as particulars about individual women leaders from every region of the globe over the past fifty years. Viewing gender as embedded within institutions and processes, this book provides an unprecedented and comprehensive view of the complex, contradictory, and multifaceted dimensions of women's national leadership.

The European Court of Human Rights has long abandoned the view that human rights merely impose obligations of restraint on State authorities (so-called negative obligations). In addition, States are under positive obligations to take steps to actively protect and ensure the rights and freedoms guaranteed by the European Convention on Human Rights. While the concept of positive obligations has become increasingly important in the jurisprudence of the European Court, it remains relatively underexplored in the literature. This book goes beyond the existing scholarship by analytically, critically and normatively engaging with the Court's positive obligations case law in a comprehensive and in-depth manner.The book begins by providing an overview of the Court's jurisprudence in this area. Building upon this overview, it brings to the fore the legal methodological consequences attached by the Court to the labels of positive and negative obligations. It moreover critically examines how the Court constructs the distinction between positive and negative obligations, building upon the underlying distinctions between public authorities and private entities, on the one hand, and State action and inaction, on the other. The central argument made in this volume is that in a positive State, in which the authorities have affirmatively intervened in so many areas, it has become increasingly difficult to draw a baseline to properly distinguish between action and inaction. Finally, the author makes suggestions for legal methodological change. This book will prove to be highly valuable for any practitioner or academic interested in the law of the European Convention on Human Rights.

In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.

Emerging technologies present a challenging but fascinating set of ethical, legal and regulatory issues. The articles selected for this volume provide a broad overview of the most influential historical and current thinking in this area and show that existing frameworks are often inadequate to address new technologies - such as biotechnology, nanotechnology, synthetic biology and robotics - and innovative new models are needed. This collection brings together invaluable, innovative and often complementary approaches for overcoming the unique challenges of emerging technology ethics and governance.

This book addresses the relationship between restorative justice and children's rights, an issue of increasing relevance to restorative justice theory and practice that has thus far received relatively little attention. Readers will find useful reviews of international human rights documents and of legislation, policy and practices in countries in Europe, Africa, Asia, South America, North America, and Oceania. Each of the chapters demonstrates the compatibility between children's rights and restorative justice. Adopting a rights-based approach is an important means for countries that are interested in further developing restorative justice practices, as it helps restorative processes that are new to the juvenile justice system to gain credibility as well as safeguard young participants' rights in these processes. In countries where restorative justice has been developed, a rights approach can stimulate innovation and applications beyond the child justice system. The book focuses on both needs and rights of children and young people who caused harm or suffered harm. Some chapters also adopt a critical point of view to explore the tensions between rights and restorative justice in relation to colonisation, welfare models, and professional privilege. Studies in Restorative Justice Restorative justice offers a unique approach to crime and victimisation and a change of course from the traditional preoccupation with retribution and transgression of rules in the criminal justice system. This book series aspires to highlight the many accomplishments achieved through the use of restorative justice practices in response to crime and social conflict. It is a collection of groundbreaking theoretical essays on the principles, uses and versatility of restorative justice as well as state-of-the-art empirical research into the implementation of restorative justice practices, experiences in these programmes and evaluation of its impact on victim recovery, reoffending and community capacity building. Contributors include established scholars and promising new scholars.

The use of economic theory and economic evidence in competition cases, their appropriate interpretation, meaning, impact, usefulness and validity are among the most challenging issues that judges and legal practitioners are facing in their daily decision-making. Notorious questions of, for example, how courts, practitioners and other decision-making bodies should employ economic evidence and what weight (and credibility) should be attached to such evidence where different experts offer different suggestions are among the most complex ones. This book, while addressing such questions, provides tools for judges, scholars and legal practitioners to employ economic evidence in a more effective, optimal and predictable way so as to overcome the identified, EU-wide obstacles in enforcing current EU competition law.This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries. The book features scholars who are experts in the field of competition law and economics as well as several of the most prominent European judges who provide first-hand information on the use of economic evidence in practice. The book is not limited to a particular subfield of competition law, but covers the area of competition law at large, including state aid. This reflects the fact that also the European Commission has gradually expanded the application of the economic approach to all areas of competition law.