Comparative Climate Change Litigation: Beyond the Usual Suspects
Comparative Climate Change Litigation: Beyond the Usual Suspects

Author: Francesco Sindico

Publisher: Springer Nature

Published: 2021-01-21

Total Pages: 615

ISBN-13: 3030468828

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This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Evaluating Counterterrorism Performance
Evaluating Counterterrorism Performance

Author: Beatrice de Graaf

Publisher: Routledge

Published: 2011-03-15

Total Pages: 377

ISBN-13: 1136806555

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This book offers a new model for measuring the success and impact of counterterrorism strategies, using four comparative historical case studies. The effectiveness of counterterrorism measures is hard to assess, especially since the social impact of terrorist attacks is a fundamental and complex issue. This book focuses on the impact of counterterrorist measures by introducing the concept of the performative power of counterterrorism: the extent to which governments mobilize public and political support - thereby sometimes even unwittingly assisting terrorists in creating social drama. The concept is applied to counterterrorism in the Netherlands, Italy, the Federal Republic of Germany and the United States in the 1970s. Based on in-depth case study research using new primary sources and interviews with counterterrorist officials and radicals, a correlation is established between a low level of performative power and a decline of terrorist incidents. This is explored in terms of the link between social drama (as enhanced by counterterrorist measures) and ongoing radicalization processes. This book demonstrates that an increase in visible and intrusive counterterrorist measures does not automatically lead to a more effective form of counterterrorism. In the open democracies of the west, not transforming counterterrorism into a performance of power and repression is at least as important as counterterrorism measures themselves. This book will be of much interest to students of terrorism and counter-terrorism, discourse analysis, media and communication studies, conflict studies and IR/Security Studies in general.

Democratization and Market Reform in Developing and Transitional Countries
Democratization and Market Reform in Developing and Transitional Countries

Author: James G. McGann

Publisher: Routledge

Published: 2010-01-04

Total Pages: 236

ISBN-13: 1135224927

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This book explores the pivotal role of think tanks in the democratization and economic reform movements by evaluating their overall effect on the transformation process in developing and transitional countries around the world. James G. McGann assesses twenty-three think tanks, located in nine countries and four regions of the world: Chile, Peru, Poland, Slovakia, South Africa, Botswana, the Philippines, Thailand, and Vietnam, that have most impacted political and economic transitions in their respective countries. The author examines the role they played in the process of democratization and market reform during the late 80s and 90s and identifies the importance of think tanks in these processes by evaluating their overall effect on the policymaking process. He argues in the early stages of a transition from an authoritarian regime to an open and democratic society the activities of think tanks are especially critical, and they have provided a civil society safety net to support these fragile democracies. This book will be of interest to students and scholars of political science, democratization, development, economic development and civil society.

The Foundations of Latin
The Foundations of Latin

Author: Philip Baldi

Publisher: Walter de Gruyter

Published: 1999

Total Pages: 572

ISBN-13: 9783110162943

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The series publishes state-of-the-art work on core areas of linguistics across theoretical frameworks as well as studies that provide new insights by building bridges to neighbouring fields such as neuroscience and cognitive science. The series considers itself a forum for cutting-edge research based on solid empirical data on language in its various manifestations, including sign languages. It regards linguistic variation in its synchronic and diachronic dimensions as well as in its social contexts as important sources of insight for a better understanding of the design of linguistic systems.

Fact-finding in Civil Litigation
Fact-finding in Civil Litigation

Author: Rijk Remme Verkerk

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9789400000742

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In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values

Regulation of Sexual Conduct in UN Peacekeeping Operations
Regulation of Sexual Conduct in UN Peacekeeping Operations

Author: Olivera Simic

Publisher: Springer Science & Business Media

Published: 2012-05-25

Total Pages: 210

ISBN-13: 3642284841

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This book critically examines the response of the United Nations (UN) to the problem of sexual exploitation in UN Peace Support Operations. It assesses the Secretary-General’s Bulletin on Special Protection from Sexual Exploitation and Sexual Abuse (2003) (SGB) and its definition of sexual exploitation, which includes sexual relationships and prostitution. With reference to people affected by the policy (using the example of Bosnian women and UN peacekeepers), and taking account of both radical and ‘sex positive’ feminist perspectives, the book finds that the inclusion of consensual sexual relationships and prostitution in the definition of sexual exploitation is not tenable. The book argues that the SGB is overprotective, relies on negative gender and imperial stereotypes, and is out of step with international human rights norms and gender equality. It concludes that the SGB must be revised in consultation with those affected by it, namely local women and peacekeepers, and must fully respect their human rights and freedoms, particularly the right to privacy and sexuality rights.

Women and Politics in Asia
Women and Politics in Asia

Author: Andrea Fleschenberg

Publisher: LIT Verlag Münster

Published: 2011

Total Pages: 180

ISBN-13: 3643900996

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Why study the nexus of gender, politics, and democracy in Asia? What kind of democracy and political participation can we conceptualize and identify for this heterogeneous region? In the increasingly visible Asian context, which concepts, contexts, discourses, and practices do we need to reflect upon most in order to understand the complex relationship between gender and democratic processes? The contributions in this book engage with precisely these crucial questions, and do so by drawing on a variety of case studies covering India, Malaysia, Indonesia, and Cambodia. In the process, they scrutinize women's roles, strategies, practices, and discourses on political participation and gender-inclusive political reform in various arenas of political engagement. The book's essays range from studies of political actors and institutions, public policy and gender mainstreaming, political theory and citizenship discourses, to the study of various women's movements. (Series: Politikwissenschaftliche Perspektiven - Vol. 15)

The Interaction between World Trade Organisation (WTO) Law and External International Law
The Interaction between World Trade Organisation (WTO) Law and External International Law

Author: Ronnie R.F. Yearwood

Publisher: Routledge

Published: 2012-05-23

Total Pages: 266

ISBN-13: 1136663592

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International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.

Research Handbook on Climate Change Litigation
Research Handbook on Climate Change Litigation

Author: Francesco Sindico

Publisher: Edward Elgar Publishing

Published: 2024-06-05

Total Pages: 471

ISBN-13: 180088978X

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This Research Handbook provides a comprehensive depiction of the various stages, opportunities and challenges of climate change litigation at national and international levels from an innovative practice-oriented perspective. Bringing together expert authors from a range of legal backgrounds, it features contributions not only from experienced academics researching in the field, but also from strategic planning specialists and legal coordinators for organizations involved in climate-related litigation. This title contains one or more Open Access chapters.

Sovereignty and Jurisdiction in Airspace and Outer Space
Sovereignty and Jurisdiction in Airspace and Outer Space

Author: Gbenga Oduntan

Publisher: Routledge

Published: 2011-09-12

Total Pages: 398

ISBN-13: 1136662901

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Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.