This important book addresses the prospects for reconciling economic competitiveness with sustainable development. It shows that we cannot simply assume that changes in public attitudes, business policies and government regulation will guarantee the conditions for long-term ecological, social and economic sustainability. On the basis of new original case studies, the authors consider corporate environmental strategies, technological change and sustainable development as a social partnership between firms, citizens and government. They suggest that competitiveness must be considered as a dynamic process requiring proactive and reactive adjustments by business and government institutions all working towards sustainability. Sustainbility and Firms combines intellectual rigour with accessibility to communicate fundamental ideas to help policy decision-makers, enterprise managers, environmental scientists and economists grapple effectively with the problems of competitiveness, technological change, strategies of firms, governance and sustainable development.

The economic unification of Europe has created a lot of victims. The realization of the single market has taken place without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial areas its authors had in mind. It has in fact led to changes in European society that are so far-reaching that they could very well be characterized as mutations. This book looks at the phenomenon of social dumping in the wider context of liberalized social competition as steered by the European Union. It contains a number of testimonies by people who actively fight social dumping, with special attention paid to the harrowing dumping practices in the road transport sector. Some of the authors also examine the phenomenon of social dumping in relation to compliance with the fundamental right of all workers to respect for their dignity as human beings. In this respect, the underlying question is whether, by tolerating legislation that allows human dignity to be violated by social dumping, the European and national legislators in fact infringe on this key fundamental right.This book is intended for practitioners, academics, researchers and policy-makers working in the area of social policy.

This book explores the relevance of Japanese ethics for the field of ethics of technology. It covers the theories of Japanese ethicists such as Nishida Kitaro, Watsuji Tetsuro, Imamichi Tomonobu, Yuasa Yasuo, as well as more contemporary ethicists, and explores their relevance for the analysis of energy technologies, ICT, robots, and geoengineering. It features contributions from Japanese scholars, and international scholars who have applied Japanese ethics to problems in the global condition. Technological development is considered to cause new ethical issues, such as genetically modified organisms fostering monocultures, nanotechnologies causing issues of privacy, as well as health and environmental issues, robotics raising issues about the meaning of humanity, and the risks of nuclear power, as witnessed in the Fukushima disaster. At the same time, technology embodies a hope for mankind, such as ICT improving relationships between human beings and nature, and smart systems assisting humans in leading a more ethical and environmentally friendly life. This book explores these ethical issues and their impact from a Japanese perspective.

We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.

Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.

Although over the last two decades there has been a proliferation of gender studies, transgender has largely remained institutionalised as an 'umbrella term' that encapsulates all forms of gender understandings differing from what are thought to be gender norms. In both theoretical and medical literature, trans identity has been framed within a paradigm of awkwardness or discomfort, self-dislike or dysfunctional mental health. Marginal Bodies, Trans Utopias is a multidisciplinary book that draws primarily from Deleuze and post-structuralism in order to reformulate the concept of utopia and ground it in the materiality of the present. Through a radically new conceptualisation of the time and space of utopia, it analyses empirical findings from trans video diaries on the Internet belonging to transgender individuals. In doing so, this volume offers new insights into the everyday challenges faced by these subjectivities, with case studies focusing on: the legal/social impact of the UK's Gender Recognition Act 2004, boundaries of public and private as evidenced within public toilets, and the narrative of the 'wrong body'. Contextualising and applying Deleuzian concepts such as 'difference' and 'marginal' to the context of the research, Nirta helps the reader to understand trans as 'unity' rather than as a 'mind-body mismatch'. Contributing to the reading and understanding of trans lived experience, this book shall be of interest to postgraduates and postdoctoral researchers interested in fields such as Transgender Studies, Critical Studies, Sociology of Gender and Philosophy of Time.

In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of "equality" and "non-discrimination", in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a "market citizen" as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify "expertise", Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale - both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Winner of the 2019 Hart-SLSA Book Prize.

The precautionary concept has become intrinsic to international environmental policy, especially with the adoption, in 1992, of the Rio Declaration at UNCED. Principle 15 of that Declaration provides that: "In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation." The challenge facing the international community is how to attain truly precautionary environmental policies. This challenge is one of changing perceptions as much as of changing institutions or technical mechanisms. It is a challenge to our way of viewing the world as much as to our views of the role of science, or the burden of proof. It also raises a question as to the role of legal and other regulatory instruments in implementing the precautionary principle. This question, however, lends itself to a multifaceted and multidisciplinary approach. After an introduction to the origins and development of the precautionary principle, 12 chapters explore a selection of themes relevant to the implementation of the principle. Where the relationship between international, national and local policies is concerned, a new concept is introduced: glocalization. The book concludes with a synthesis of the opportunities for, and constraints on, the implementation of the precautionary principle, as identified by the various authors.

The first work of its kind to present a comprehensive survey of landmark court decisions on educational adequacy and equity claims and their impact on public school reform. In Educational Adequacy and the Courts: A Reference Handbook, education researcher Elaine Walker presents an in depth analysis of pivotal court cases and their impact on educational adequacy and reform, illuminating the inherent challenges of redressing long-standing problems associated with state funding mechanisms for K-12 education. In addition to an eye opening, state-by-state discussion of court rulings and their effect on education, Walker covers such topics as the moral imperative for educational reform, the failure and success of federal and state reform efforts, and the historical importance of school finance litigation in the reform of school systems in high poverty areas. The work also highlights alternative ways in which improvement can be approached and sheds light on the overall complexities of setting educational policy. Coverage of pivotal court decisions such as Abbott v. Burke, Rose v. Council of Education, and Alabama Coalition for Equity, Inc. v. Hunt Directory of organizations, associations, and agencies involved in educational adequacy issues and school reform

This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change. The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments. This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument. This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments.

In this intriguing volume, Merrie G. Klapp explains how regulatory decisions in such crucial areas as public health, technological safety, and environmental quality are molded and recast. She finds that scientific uncertainty is a key factor, with agencies, interest groups, Congress, and the courts attempting to shift responsibility of proof or varying the standard of proof according to the pressures brought to bear on the issue. In general, Professor Klapp finds that when citizens or industrialists organize to protest a regulatory decision and when the legislature or the courts take scientific uncertainty into account, then the initial regulatory decision is changed.

By contrast with the United States, where scientific uncertainty is used as a public resource and rationale for change, in France and Britain scientific uncertainty is treated as a private resource. French and British scientists do not treat regulatory decisions as opportunities to reveal scientific uncertainty to the public--instead, discussions of uncertainties are held behind closed doors and, when reports are made to the public about regulatory decisions, scientific information is presented as if it were certain. Bargaining with Uncertainty will be a provocative analysis to those scholars and researchers concerned with the making of public policy as well as those concerned with risk assessment in public health, the environment, and technology.

As 300 million Americans squeeze into our country, and as single-person households outnumber parents with children, it's time to rethink our land use laws that favor the single-family house. This provocative book visits sites of recent controversies--from an immigration dispute in a Virginia suburb, to eminent domain in New York City, to illegal apartments in the backyards of California. Boudreaux explores how we could scrap the old housing bias in favor of affluent homeowners, and in its place harness the free market to provide for a greater variety of residences--apartments, townhouses, and mobile homes - for the twenty-first century.

This book presents a variety of articles on contemporary issues in environmental law by eminent university professors of environmental law, international public law, European Union law, and comparative law in Europe and Japan. It is the first book in the field of environmental law based on the results of international conferences and research activities supported by the European Union delegation in Japan. Current essential and global topics such as principles of environmental law, climate change, biodiversity, ethics pertaining to animal rights , nuclear safety regime after Fukushima, environmental impact assessments, protecting international waters, genetically-modified organisms, and implementing international instruments, and EU rules at the national level are discussed in light of the 2009 Treaty of Lisbon and other recent international treaties, by comparing the approaches taken by the EU, European countries, and Japan. As environmental law is not just a national issue but also a global one, it is important to understand and analyse various aspects of current environmental issues. This book is a response to such needs, and represents the joint work of five Japanese and four European (two German and two Italian) professors who have succeeded in creating something that is both unique and remarkable.

This significant book investigates the political economy of environmental policy in Europe with a careful analysis of how EU directives are realised in the member states. The authors explore this issue through a comparative evaluation of the implementation of three pieces of EU environmental legislation in France, Germany, the Netherlands and the UK. Areas covered by the legislation include air emission standards for waste incinerators, the electricity supply industry, and the certification of environmental management systems. The results vary across cases even though overcompliance is observed in certain cases. The regularity arising from the different case studies is related to the determinants of the environmental outcomes that are observed. When environmental directives are implemented they are likely to interact with parallel policy processes and these interactions can exert a strong positive or negative influence on the success of the policy in question. The central policy problem is the fact that these interactions are very difficult to anticipate at the policy formulation stage. It leads the authors to propose that effective environmental policy should therefore be adaptable in order to cope with these unanticipated effects. This book covers a very important and topical issue by studying the genuine impact of environmental directives and increasing the readers' understanding of the way in which environmental federalism works in Europe. It will be welcomed by scholars of environmental law and political science, environmental economists, and environmental policymakers, advisors and consultants.

Peaceful legal and political 'changing of the guards' is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral 'caretaker covernment' (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments' wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality - perhaps akin to the CTG ethos - to oversee electoral governance, which will have to be renegotiated by the polity based on the people's will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.

The significant differences between the environmental legal systems throughout the European Union, together with a scarcity of national environmental law literature written in English, have until now made it difficult to achieve a ready understanding of environmental law and policy in Europe. This work opens with a practical overview of environmental policy and legal procedures in the European Union, and goes on to examine the environmental system in each of the member states. The 15 country chapters, uniformly structured for easy reference, are each divided into two parts. The first section, contributed by a leading academic, covers the general environmental legislative and regulatory system of each country. The second is written by a practising environmental lawyer and deals with practical aspects of environmental law relevant to commerce and industry. This section aims to answer questions frequently asked by companies and their advisers, and includes discussion of issues relating to the start-up of new companies, change of company activities, mergers and takeovers, environmental licences, environmental impact assessment reports and enforcement procedures. This book should offer an insight into the main structures and procedures of environmental law in the European Union, and should be a useful reference work for company lawyers, corporate managers, researchers and environmental specialists alike.

New edition of our best-selling book which helps social workers gain a comprehensive understanding of how to achieve best practice in applying the Care Act 2014. It covers the key stages of the 'care and support journey' - first contact, assessment of needs, prevention, consideration of eligibility, charging and financial assessment, care and support planning, and review. In addition, other chapters look at significant issues such as safeguarding and working with NHS colleagues. The core aims are to provide the following: a solid foundation for social work students in developing a critical understanding of the Care Act and its application, the material to help experienced social workers with developing the critical reflection necessary to enhance their ability to make professional judgements a source of reference which social workers can use to evaluate their local systems, policies and procedures. The second edition also provides practice examples of mistakes that have been made in applying the Care Act and the statutory guidance. It sets out more considered description of how social workers might apply the statutory guidance on personal budgets.

Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.

This book analyses the drivers of specific common pool resource problems, particularly in fisheries and forestry, examining the way in which private and public regulation have intervened to fight the common pool resource problem by contributing to the establishment and maintenance of property rights. It focuses on the various forms of regulation that have been put in place to protect fisheries and forestry over the past decades - both from a theoretical as well as from a policy perspective - comparing the concrete interaction of legal and policy instruments in eight separate jurisdictions.

This book describes the historical and legal experiences of Americans of Asian ancestry who began to come to the United States in the mid-19th century. Like all immigrants in America, they arrived with hopes of making a better life and home in a free country. Instead, Asian-Americans have been mistreated and discriminated against by their fellow Americans--even by Congress and the Supreme Court, which should have made and judged laws without prejudice. This study examines the way immigration and naturalization laws were unfairly administered against Asian immigrants and throws light on a less than admirable period of American legal history. It will be of great interest to scholars in Asian American studies, legal history, and American history.

This book explores the human rights consequences of recent and ongoing revisions of mental health legislation in England and Ireland. Presenting a critical discussion of the World Health Organization's 'Checklist on Mental Health Legislation' from its Resource Book on Mental Health, Human Rights and Legislation, the author uses this checklist as a frame-work for analysis to examine the extent to which mental health legislation complies with the WHO human rights standards. The author also examines recent case-law from the European Court of Human Rights, and looks in depth at the implications of the United Nations Convention on the Rights of Persons with Disabilities for mental health law in England and Ireland. Focusing on dignity, human rights and mental health law, the work sets out to determine to what extent, if any, human rights concerns have influenced recent revisions of mental health legislation, and to what extent recent developments in mental health law have assisted in protecting and promoting the human rights of the mentally ill. The author seeks to articulate better, clearer and more connected ways to protect and promote the rights of the mentally ill though both law and policy.

The success of Brazil in the large-scale production and use of fuel ethanol has been widely discussed and analyzed by other countries interested in adopting policies designed to encourage the use of biofuels. Within this context, certain questions arise: Could the Brazilian experience be replicated in other countries? What were the conditions that enabled the creation of the Brazilian Proalcool (National Ethanol Program and what lessons can be learned? To examine these issues, it is important to understand the functioning of the key, interconnected markets (those for sugarcane, sugar and ethanol), which, from their inception, were the objects of extensive government intervention until 1999. Two main conditions enabled the creation of Proalcool: robust production of sugarcane and sugar (tightly regulated by the government, which applied the numerous regulations then in place); and the military regime that was in place at the time, whose decision-making and enforcement powers were quite broad, facilitating the carrying out of the necessary actions, as well as making it easier to coordinate the activities of the various stakeholders and sectors involved. This book increases understanding of the functioning of the sugarcane supply chain in Brazil, not only during the phase of government intervention but also in recent years (in the free-market environment). The lessons, positive and negative, gleaned from the Brazilian experience can contribute to reflection on and the development of alternative modalities of biofuel production in other countries, making the book of interest to scholars and policy-makers concerned with biofuel and renewable resources as well as economic development.