The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.
Across the world, most people are well aware of ordinary criminal harms to person and property. Often committed by the powerless and poor, these individualized crimes are catalogued in the statistics collected annually by the FBI and by similar agencies in other developed nations. In contrast, the more harmful and systemic forms of injury to person and property committed by powerful and wealthy individuals, groups, and national states are neither calculated by governmental agencies nor annually reported by the mass media. As a result, most citizens of the world are unaware of the routinized "crimes of the powerful", even though they are more likely to experience harms and injuries from these types of organized offenses than they are from the atomized offenses of the powerless. Research on the crimes of the powerful brings together several areas of criminological focus, involving organizational and institutional networks of powerful people that commit crimes against workers, marketplaces, taxpayers and political systems, as well as acts of torture, terrorism, and genocide. This international handbook offers a comprehensive, authoritative and structural synthesis of these interrelated topics of criminological concern. It also explains why the crimes of the powerful are so difficult to control. Edited by internationally acclaimed criminologist Gregg Barak, this book reflects the state of the art of scholarly research, covering all the key areas including corporate, global, environmental, and state crimes. The handbook is a perfect resource for students and researchers engaged with explaining and controlling the crimes of the powerful, domestically and internationally.
Speaking of Mauritius as an economic miracle has become a cliché, and with good reason: Its development since Independence in 1968 can easily be narrated as a rags-to-riches story. In addition, it is a stable democracy capable of containing the conflict potential inherent in its complex ethnic and religious demography. This book brings together some of the finest scholarship, domestic as well as foreign, on contemporary Mauritius, offering perspectives from constitutional law, cultural studies, sociology, archaeology, economics, social anthropology and more. While celebrating the indisputable, and impressive, achievements of the Mauritian nation on its fiftieth birthday, this book is far from toothless. Looking back inevitably implies looking ahead, and in order to do so, critical self-scrutiny is essential, to be able to learn from the mistakes of the past. The contributors raise fundamental questions concerning a broad range of issues, from the dilemmas of multiculturalism to the marginal role of women in public life, from the question of constitutional reform and the continued problem of corruption to the slow destruction of Mauritius’ joy and pride, namely the beauty and purity of its natural scenery. Taking stock of the first fifty years, this book also looks ahead to the next fifty years, giving some cues as to where Mauritius can and should aim in the next decades.
This volume brings together articles on international development law from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resource for scholars, students, and practitioners of international development law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
Coping with the challenges of global economic governance is a topical issue of the current international agenda, and the object of a vivid debate among scholars and policy-makers. The international financial and economic crisis that erupted in 2007 reveals the fallibility of the neoliberal paradigm that has dominated the world economic landscape for the last quarter of a century; regulatory and supervisory institutions have disclosed their weaknesses, and markets have shown their limits in dealing with the rational allocation of risks, and their lack of resilience to shocks. This book offers a comprehensive view of this matter, examining the dialectic and fluid relations between State sovereignty, supranational rules and the role of markets. The opportunity to deal with economic and regulatory challenges through the lens of legitimacy and effectiveness is the fil rouge of the co-authors’ original contributions and the inner-sense of the book. This critical perspective results particularly in investigating gaps and ambiguities of the institutional framework currently underpinning the major international economic organisations (IMF, WTO, G20, EMU), in re-discussing the State’s regulatory role in coping with the challenges of the global economy, and in studying the contradictory interactions between financial paradigms and sustainability with regards to economic development policies.
The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field
This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.
Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.