Kasey McCall-Smith
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781474447850
- eISBN:
- 9781474476492
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474447850.003.0013
- Subject:
- Law, Private International Law
For some years now, the international community has recognised the need to recalibrate migration discourse and clarify the distinct, positive and necessary features of migration. To manage the ...
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For some years now, the international community has recognised the need to recalibrate migration discourse and clarify the distinct, positive and necessary features of migration. To manage the complexities of global migration and not waste effort ‘reinventing the wheel’, it is crucial to build on existing law and policy frameworks in all efforts to address today’s global frenzy over migration, particularly the 2030 Agenda for Sustainable Development and its 17 sustainable development goals. The challenge in connecting global migration with other processes, promoting linkages and avoiding overlap is one that must be deftly navigated. This chapter examines the Global Compact for Safe, Orderly and Regular Migration as an avenue for maximising the efficiency of current regulatory frameworks, identifying gaps, promoting synergies, and utilising the connective capabilities of public and private international law to foster further integration in a highly diverse panoply of governance frameworks.Less
For some years now, the international community has recognised the need to recalibrate migration discourse and clarify the distinct, positive and necessary features of migration. To manage the complexities of global migration and not waste effort ‘reinventing the wheel’, it is crucial to build on existing law and policy frameworks in all efforts to address today’s global frenzy over migration, particularly the 2030 Agenda for Sustainable Development and its 17 sustainable development goals. The challenge in connecting global migration with other processes, promoting linkages and avoiding overlap is one that must be deftly navigated. This chapter examines the Global Compact for Safe, Orderly and Regular Migration as an avenue for maximising the efficiency of current regulatory frameworks, identifying gaps, promoting synergies, and utilising the connective capabilities of public and private international law to foster further integration in a highly diverse panoply of governance frameworks.
John Weber
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781469625232
- eISBN:
- 9781469625256
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469625232.003.0008
- Subject:
- History, American History: 20th Century
This chapter argues that the Bracero Program, begun as an international agreement between the US and Mexico to fill agricultural labor shortages during World War II, served as a way for agricultural ...
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This chapter argues that the Bracero Program, begun as an international agreement between the US and Mexico to fill agricultural labor shortages during World War II, served as a way for agricultural interests in the rest of the nation to recreate the labor supply conditions enjoyed by the growers of South Texas. As a result, the Bracero Program mobilized large numbers of foreign workers, stripped of their basic rights of choice and mobility, for use all over the country. The Bracero Program ended in 1964, but its importance and effects have lasted much longer. This chapter also deals with the overwhelming importance of Texas as both a model and an obstacle to the smooth running of the system throughout its existence. From its inauguration in 1942 as a temporary wartime emergency measure until its quiet demise in 1964, the Bracero Program took the spirit of the deeply unequal labor relations of South Texas and spread them to the rest of the nation as a supposedly rational, necessary response to the exigencies of the agricultural labor market.Less
This chapter argues that the Bracero Program, begun as an international agreement between the US and Mexico to fill agricultural labor shortages during World War II, served as a way for agricultural interests in the rest of the nation to recreate the labor supply conditions enjoyed by the growers of South Texas. As a result, the Bracero Program mobilized large numbers of foreign workers, stripped of their basic rights of choice and mobility, for use all over the country. The Bracero Program ended in 1964, but its importance and effects have lasted much longer. This chapter also deals with the overwhelming importance of Texas as both a model and an obstacle to the smooth running of the system throughout its existence. From its inauguration in 1942 as a temporary wartime emergency measure until its quiet demise in 1964, the Bracero Program took the spirit of the deeply unequal labor relations of South Texas and spread them to the rest of the nation as a supposedly rational, necessary response to the exigencies of the agricultural labor market.
Jessie Blackbourn, Fiona de Londras, and Lydia Morgan
- Published in print:
- 2019
- Published Online:
- September 2020
- ISBN:
- 9781529206234
- eISBN:
- 9781529206289
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529206234.001.0001
- Subject:
- Political Science, Conflict Politics and Policy
The United Kingdom should now be understood as a counter-terrorist state, that is a state in which counter-terrorism law, policy, discourse, and operations are mainstreamed across the domains of law ...
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The United Kingdom should now be understood as a counter-terrorist state, that is a state in which counter-terrorism law, policy, discourse, and operations are mainstreamed across the domains of law and government in forms that are conceptualised and designed as ‘permanent’ in at least some cases; in which non-state actors are responsibilised for counter-terrorism; and in which all persons are the subjects of counter-terrorism, although not to equal degrees. This book argues that counter-terrorism review—which it defines as the legal, political, and policy processes that consider the application and impacts of counter-terrorism law and policy in theory as well as in practice, with a view to assessing its merits and contributing towards its improvement—has the capacity to enhance accountability in the counter-terrorist state. Building on exclusive interviews with political actors and practitioners, as well as detailed empirical analysis of existing reviews—it presents the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom. While this reveals substantial pockets of good practice, it also shows that the accountability enhancing potential of counter-terrorism review is limited in practice by executive domination, parliamentary limitations, persistent state secrecy, and the absence of trust in the counter-terrorist state.Less
The United Kingdom should now be understood as a counter-terrorist state, that is a state in which counter-terrorism law, policy, discourse, and operations are mainstreamed across the domains of law and government in forms that are conceptualised and designed as ‘permanent’ in at least some cases; in which non-state actors are responsibilised for counter-terrorism; and in which all persons are the subjects of counter-terrorism, although not to equal degrees. This book argues that counter-terrorism review—which it defines as the legal, political, and policy processes that consider the application and impacts of counter-terrorism law and policy in theory as well as in practice, with a view to assessing its merits and contributing towards its improvement—has the capacity to enhance accountability in the counter-terrorist state. Building on exclusive interviews with political actors and practitioners, as well as detailed empirical analysis of existing reviews—it presents the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom. While this reveals substantial pockets of good practice, it also shows that the accountability enhancing potential of counter-terrorism review is limited in practice by executive domination, parliamentary limitations, persistent state secrecy, and the absence of trust in the counter-terrorist state.
Ann Southworth
- Published in print:
- 2008
- Published Online:
- March 2013
- ISBN:
- 9780226768335
- eISBN:
- 9780226768366
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226768366.001.0001
- Subject:
- Law, Legal Profession and Ethics
A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, this book explains what unites and divides lawyers for the three major ...
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A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, this book explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian non-profit organizations, the book explores their values and identities, and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. The book goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, it finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. The book concludes, though, that tensions between the conservative law movement's elite and populist elements may ultimately lead to its undoing.Less
A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, this book explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian non-profit organizations, the book explores their values and identities, and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. The book goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, it finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. The book concludes, though, that tensions between the conservative law movement's elite and populist elements may ultimately lead to its undoing.
Caroline Nicholas and Anna Caroline Müller
- Published in print:
- 2017
- Published Online:
- June 2017
- ISBN:
- 9780198795650
- eISBN:
- 9780191836961
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198795650.003.0006
- Subject:
- Law, Public International Law
This chapter considers policy measures to increase the participation of SMEs in government procurement and their potential economic and social policy benefits. It considers the scale and importance ...
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This chapter considers policy measures to increase the participation of SMEs in government procurement and their potential economic and social policy benefits. It considers the scale and importance of government procurement, and barriers to SME access to these markets. While some SME support policies are often considered to run counter to fundamental goals of government procurement (notably preference policies that may reduce competition and transparency), the chapter explains that many SME policies in fact support efficient and effective government procurement. It explores the synergies between such SME policies and measures designed to ensure cross-border access to government procurement markets. It considers relevant provisions in the WTO Agreement on Government Procurement and the UNCITRAL Model Law on Public Procurement, and concludes that their recent revisions to promote transparency and effectiveness in the pursuit of these policies are welcome, but that further work to ensure their effective application in practice is needed.Less
This chapter considers policy measures to increase the participation of SMEs in government procurement and their potential economic and social policy benefits. It considers the scale and importance of government procurement, and barriers to SME access to these markets. While some SME support policies are often considered to run counter to fundamental goals of government procurement (notably preference policies that may reduce competition and transparency), the chapter explains that many SME policies in fact support efficient and effective government procurement. It explores the synergies between such SME policies and measures designed to ensure cross-border access to government procurement markets. It considers relevant provisions in the WTO Agreement on Government Procurement and the UNCITRAL Model Law on Public Procurement, and concludes that their recent revisions to promote transparency and effectiveness in the pursuit of these policies are welcome, but that further work to ensure their effective application in practice is needed.
John W Cairns
- Published in print:
- 2015
- Published Online:
- January 2018
- ISBN:
- 9780748682133
- eISBN:
- 9781474415972
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748682133.003.0004
- Subject:
- Law, Legal History
This chapter examines the development of teaching from the chair of Public Law and the Law of Nature and Nations at the University of Edinburgh during the Scottish Enlightenment, with particular ...
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This chapter examines the development of teaching from the chair of Public Law and the Law of Nature and Nations at the University of Edinburgh during the Scottish Enlightenment, with particular emphasis on the intellectual content of the classes and the politics of professorial appointments. For the first half-century, law teaching from the chair was intermittent. However, this does not mean that the holder was incapable or unlearned. When the holder of the chair did teach, the class was based on Hugo Grotius' De iure belli ac pacis libri tres. The chapter first provides an overview of legal education in Scottish universities before profiling the law professors who were appointed to the new chair between 1707 and 1831, including Charles Areskine, William Kirkpatrick, George Abercromby, Robert Bruce, James Balfour, Allan Maconochie, and Robert Hamilton. Robert Bruce was the last holder of the chair to teach Grotius' natural law.Less
This chapter examines the development of teaching from the chair of Public Law and the Law of Nature and Nations at the University of Edinburgh during the Scottish Enlightenment, with particular emphasis on the intellectual content of the classes and the politics of professorial appointments. For the first half-century, law teaching from the chair was intermittent. However, this does not mean that the holder was incapable or unlearned. When the holder of the chair did teach, the class was based on Hugo Grotius' De iure belli ac pacis libri tres. The chapter first provides an overview of legal education in Scottish universities before profiling the law professors who were appointed to the new chair between 1707 and 1831, including Charles Areskine, William Kirkpatrick, George Abercromby, Robert Bruce, James Balfour, Allan Maconochie, and Robert Hamilton. Robert Bruce was the last holder of the chair to teach Grotius' natural law.
Ian Hunter
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781474449229
- eISBN:
- 9781474460200
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474449229.003.0008
- Subject:
- Philosophy, Political Philosophy
Christian Thomasius’s natural law works are usually interpreted as providing a philosophical theory for his positive public law treatises on church and constitutional law. This chapter argues to the ...
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Christian Thomasius’s natural law works are usually interpreted as providing a philosophical theory for his positive public law treatises on church and constitutional law. This chapter argues to the contrary that Thomasius’s public law writings are founded not in his natural law but in positive imperial public law as this was received in the state of Brandenburg-Prussia. In this context, the central role of his natural law was as a program for the pedagogical formation of law students.Less
Christian Thomasius’s natural law works are usually interpreted as providing a philosophical theory for his positive public law treatises on church and constitutional law. This chapter argues to the contrary that Thomasius’s public law writings are founded not in his natural law but in positive imperial public law as this was received in the state of Brandenburg-Prussia. In this context, the central role of his natural law was as a program for the pedagogical formation of law students.
Karla W. Simon
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199765898
- eISBN:
- 9780199332540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199765898.003.0010
- Subject:
- Law, Legal History
This chapter analyzes the “new” set of regulations, beginning with the 1998 regulations on social organizations and the noncommercial institutions (min ban fei qiye danwei), and then moving to the ...
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This chapter analyzes the “new” set of regulations, beginning with the 1998 regulations on social organizations and the noncommercial institutions (min ban fei qiye danwei), and then moving to the 2004 foundation regulations. One of the critical questions is the extent to which the 1989 events in Tian'anmen Square hardened the attitude of the government against social organizations. Another significant event that caused many officials in the security apparatus to harden their attitude toward civil society was the surrounding of Zhongnanhai (where the high party officials live and work) by Falun Gong practitioners in 1999. This was, however, generally a period of “reform and opening up” for mainstream civil society itself, as open discussion with foreigners about the design of the regulatory framework for civil society organizations (CSOs) in China was encouraged. The chapter also considers the laws adopted during this era of legal change—the Public Welfare Donations Law and the Trust Law, which governs charitable trusts.Less
This chapter analyzes the “new” set of regulations, beginning with the 1998 regulations on social organizations and the noncommercial institutions (min ban fei qiye danwei), and then moving to the 2004 foundation regulations. One of the critical questions is the extent to which the 1989 events in Tian'anmen Square hardened the attitude of the government against social organizations. Another significant event that caused many officials in the security apparatus to harden their attitude toward civil society was the surrounding of Zhongnanhai (where the high party officials live and work) by Falun Gong practitioners in 1999. This was, however, generally a period of “reform and opening up” for mainstream civil society itself, as open discussion with foreigners about the design of the regulatory framework for civil society organizations (CSOs) in China was encouraged. The chapter also considers the laws adopted during this era of legal change—the Public Welfare Donations Law and the Trust Law, which governs charitable trusts.
Robert Howse
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780231179263
- eISBN:
- 9780231542029
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231179263.003.0015
- Subject:
- Economics and Finance, Macro- and Monetary Economics
Chapter 14: analyzes some of the possible elements of an international law approach to a multilateral framework for sovereign debt restructuring. The chapter draws extensively from the deliberations ...
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Chapter 14: analyzes some of the possible elements of an international law approach to a multilateral framework for sovereign debt restructuring. The chapter draws extensively from the deliberations and publications of the UNCTAD Working Group. He proposes the creation of a “counter-framework” using soft-law instruments of a kind generated by various UN processes and institutions, including the International Law Commission (ILC), UNCITRAL, and UNCTAD. The “counter-framework” would offer different norms, fora, legal mechanisms, expertise and analyses to those that dominate the existing informal framework (IMF, Paris Club, US Treasury, financial industry associations, private law firms, creditors’ groups, etc.). It would offer alternatives for borrower-lender relationships and the restructuring of debt, alternatives which if the analysis of this chapter (and the other chapters of this book) is correct, would benefit both sovereign debtors and creditors. This proposal might be of particular interest to states that could be sources of new finance and do not want to keep with the existing informal framework (like perhaps China).Less
Chapter 14: analyzes some of the possible elements of an international law approach to a multilateral framework for sovereign debt restructuring. The chapter draws extensively from the deliberations and publications of the UNCTAD Working Group. He proposes the creation of a “counter-framework” using soft-law instruments of a kind generated by various UN processes and institutions, including the International Law Commission (ILC), UNCITRAL, and UNCTAD. The “counter-framework” would offer different norms, fora, legal mechanisms, expertise and analyses to those that dominate the existing informal framework (IMF, Paris Club, US Treasury, financial industry associations, private law firms, creditors’ groups, etc.). It would offer alternatives for borrower-lender relationships and the restructuring of debt, alternatives which if the analysis of this chapter (and the other chapters of this book) is correct, would benefit both sovereign debtors and creditors. This proposal might be of particular interest to states that could be sources of new finance and do not want to keep with the existing informal framework (like perhaps China).
Dieter Grimm
- Published in print:
- 2020
- Published Online:
- October 2020
- ISBN:
- 9780198845270
- eISBN:
- 9780191880551
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198845270.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Dieter Grimm is one of Germany’s foremost scholars of constitutional law and theory with a high international reputation and an exceptional career. He teaches constitutional law at Humboldt ...
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Dieter Grimm is one of Germany’s foremost scholars of constitutional law and theory with a high international reputation and an exceptional career. He teaches constitutional law at Humboldt University Berlin and did so simultaneously at the Yale Law School until 2017. He was one of the most influential justices of the German Constitutional Court where he served from 1987 to 1999 and left his marks on the jurisprudence of the Court, especially in the field of fundamental rights. He directed one of the finest academic institutions worldwide, the Wissenschaftskolleg zu Berlin (Institute for Advanced Study). He is also well known as a public intellectual who speaks up in questions of German politics and European integration. This book contains a conversation that three scholars of constitutional law led with Dieter Grimm on his background, his childhood under the Nazi regime and in destroyed post-war Germany, his education in Germany, France, and the United States, his academic achievement, the main subjects of his research, his experience as a member of a leading constitutional court, especially in the time of seminal changes in the world after the fall of the Berlin Wall, and his views on actual challenges for law and society. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication, which one would not find in legal textbooks or treatises. Oxford University Press previously published his books on Constitutionalism. Past, Present, and Future (2016) and The Constitution of European Democracy (2017).Less
Dieter Grimm is one of Germany’s foremost scholars of constitutional law and theory with a high international reputation and an exceptional career. He teaches constitutional law at Humboldt University Berlin and did so simultaneously at the Yale Law School until 2017. He was one of the most influential justices of the German Constitutional Court where he served from 1987 to 1999 and left his marks on the jurisprudence of the Court, especially in the field of fundamental rights. He directed one of the finest academic institutions worldwide, the Wissenschaftskolleg zu Berlin (Institute for Advanced Study). He is also well known as a public intellectual who speaks up in questions of German politics and European integration. This book contains a conversation that three scholars of constitutional law led with Dieter Grimm on his background, his childhood under the Nazi regime and in destroyed post-war Germany, his education in Germany, France, and the United States, his academic achievement, the main subjects of his research, his experience as a member of a leading constitutional court, especially in the time of seminal changes in the world after the fall of the Berlin Wall, and his views on actual challenges for law and society. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication, which one would not find in legal textbooks or treatises. Oxford University Press previously published his books on Constitutionalism. Past, Present, and Future (2016) and The Constitution of European Democracy (2017).
Eileen H. Tamura
- Published in print:
- 2013
- Published Online:
- April 2017
- ISBN:
- 9780252037788
- eISBN:
- 9780252095061
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252037788.003.0009
- Subject:
- History, American History: 20th Century
This chapter recounts how President Franklin Roosevelt signed Public Law (PL) 405 on July 1, 1944, which amended the Nationality Act of 1940 to allow U.S. citizens living in the United States to ...
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This chapter recounts how President Franklin Roosevelt signed Public Law (PL) 405 on July 1, 1944, which amended the Nationality Act of 1940 to allow U.S. citizens living in the United States to renounce their citizenship during wartime. Although not stated explicitly, the law was aimed at dissident Nisei. As Manzanar Project Director Ralph Merritt remarked of the statute, “This is the first time in the history of a civilized nation that a government has permitted a citizen, during a state of war, to renounce his citizenship.” Officials had several motives for favoring such a law. Some sought to have renunciants exchanged for U.S. citizens detained in Japan. Indeed, the chairman of the House Immigration and Naturalization Committee, Samuel Dickstein, suggested that the law's provisions be publicized in the camps, to be followed by notices “calling for volunteers to go to Japan in trade for Americans.”Less
This chapter recounts how President Franklin Roosevelt signed Public Law (PL) 405 on July 1, 1944, which amended the Nationality Act of 1940 to allow U.S. citizens living in the United States to renounce their citizenship during wartime. Although not stated explicitly, the law was aimed at dissident Nisei. As Manzanar Project Director Ralph Merritt remarked of the statute, “This is the first time in the history of a civilized nation that a government has permitted a citizen, during a state of war, to renounce his citizenship.” Officials had several motives for favoring such a law. Some sought to have renunciants exchanged for U.S. citizens detained in Japan. Indeed, the chairman of the House Immigration and Naturalization Committee, Samuel Dickstein, suggested that the law's provisions be publicized in the camps, to be followed by notices “calling for volunteers to go to Japan in trade for Americans.”
Guy Fiti Sinclair
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780198757962
- eISBN:
- 9780191817861
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198757962.001.0001
- Subject:
- Law, Public International Law
This book examines how international organizations have expanded their powers over time without formally amending their founding treaties. It argues that this expansion has been undertaken and ...
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This book examines how international organizations have expanded their powers over time without formally amending their founding treaties. It argues that this expansion has been undertaken and rationalized as necessary to a process of making modern states on a broadly Western model; and that international law has played a central role in that process. Adopting an interdisciplinary sociolegal approach, it supports this claim through detailed investigations of historical episodes involving three very different organizations: the beginnings of technical assistance in the International Labour Organization from the 1920s until the end of World War II; the emergence of United Nations peacekeeping in the 1950s and early 1960s; and the World Bank’s “turn to governance,” which reached an apotheosis in the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization’s activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations. In tracing the interaction of legal, moral, and expert modes of authority exercised by each organization, the book illuminates the intellectual history of international organizations law and shows how analogies to constitutional and administrative law have acquired an enduring potency in international law.Less
This book examines how international organizations have expanded their powers over time without formally amending their founding treaties. It argues that this expansion has been undertaken and rationalized as necessary to a process of making modern states on a broadly Western model; and that international law has played a central role in that process. Adopting an interdisciplinary sociolegal approach, it supports this claim through detailed investigations of historical episodes involving three very different organizations: the beginnings of technical assistance in the International Labour Organization from the 1920s until the end of World War II; the emergence of United Nations peacekeeping in the 1950s and early 1960s; and the World Bank’s “turn to governance,” which reached an apotheosis in the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization’s activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations. In tracing the interaction of legal, moral, and expert modes of authority exercised by each organization, the book illuminates the intellectual history of international organizations law and shows how analogies to constitutional and administrative law have acquired an enduring potency in international law.
D. Clayton Brown
- Published in print:
- 2010
- Published Online:
- March 2014
- ISBN:
- 9781604737981
- eISBN:
- 9781604737998
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781604737981.003.0019
- Subject:
- History, American History: 20th Century
This chapter discusses issues relating to the globalization of the cotton industry. Topics covered include the passage of the Agricultural Trade Development Act, or Public Law 480 (PL 480) in 1954, ...
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This chapter discusses issues relating to the globalization of the cotton industry. Topics covered include the passage of the Agricultural Trade Development Act, or Public Law 480 (PL 480) in 1954, which provided for the export sale of surplus commodities for foreign currencies rather than dollars; the National Cotton Council’s establishment of the Cotton Council International (CCI) in 1956, tasked with making contractual agreements with the USDA-FAS and foreign governments for marketing development; establishment of the International Institute for Cotton (IIC); shifts in world cotton trade; trading blocs; cotton and the WTO; and the implementation of NAFTA and CAFTA.Less
This chapter discusses issues relating to the globalization of the cotton industry. Topics covered include the passage of the Agricultural Trade Development Act, or Public Law 480 (PL 480) in 1954, which provided for the export sale of surplus commodities for foreign currencies rather than dollars; the National Cotton Council’s establishment of the Cotton Council International (CCI) in 1956, tasked with making contractual agreements with the USDA-FAS and foreign governments for marketing development; establishment of the International Institute for Cotton (IIC); shifts in world cotton trade; trading blocs; cotton and the WTO; and the implementation of NAFTA and CAFTA.
Heike Wieters
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9781526117212
- eISBN:
- 9781526128669
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526117212.003.0005
- Subject:
- Political Science, International Relations and Politics
Chapter 4 traces CARE’s development during a period of recurring organizational crisis and economic instability. It analyses how CARE’s management and board of directors dealt with organizational ...
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Chapter 4 traces CARE’s development during a period of recurring organizational crisis and economic instability. It analyses how CARE’s management and board of directors dealt with organizational overextension and the need to find both a new humanitarian mission and more sustainable business model. CARE began to apply for government-donated food surplus resulting from structural agricultural overproduction in the United States. By delivering agricultural abundance such as milk powder, butter oil and other food staples to people in the developing countries, CARE successfully occupied a humanitarian market niche and established itself as a (neither entirely private nor entirely public) provider of food aid.Less
Chapter 4 traces CARE’s development during a period of recurring organizational crisis and economic instability. It analyses how CARE’s management and board of directors dealt with organizational overextension and the need to find both a new humanitarian mission and more sustainable business model. CARE began to apply for government-donated food surplus resulting from structural agricultural overproduction in the United States. By delivering agricultural abundance such as milk powder, butter oil and other food staples to people in the developing countries, CARE successfully occupied a humanitarian market niche and established itself as a (neither entirely private nor entirely public) provider of food aid.
Jennifer Carlson
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199347551
- eISBN:
- 9780190236595
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199347551.003.0005
- Subject:
- Sociology, Culture, Law, Crime and Deviance
This chapter examines how experiences of racial profiling and other kinds of intensive police attention intersect with gun carry to produce a distinct gun politics among men of color and open ...
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This chapter examines how experiences of racial profiling and other kinds of intensive police attention intersect with gun carry to produce a distinct gun politics among men of color and open carriers. The chapter opens by situating the experiences of gun carriers of color within the broader context of racial profiling and then explores how unwanted police attention, even among white gun carriers, produces a version of pro-gun politics in which public law enforcement is viewed not only as inadequate protectors but also rights-violators. Attending to the meanings that guns take on in relation to the race and gender identities of their carriers, this chapter looks at how these gun carriers use firearms—sometimes in confrontation with police—to assert themselves as lawful citizens and to compel public law enforcement to recognize their rights as such.Less
This chapter examines how experiences of racial profiling and other kinds of intensive police attention intersect with gun carry to produce a distinct gun politics among men of color and open carriers. The chapter opens by situating the experiences of gun carriers of color within the broader context of racial profiling and then explores how unwanted police attention, even among white gun carriers, produces a version of pro-gun politics in which public law enforcement is viewed not only as inadequate protectors but also rights-violators. Attending to the meanings that guns take on in relation to the race and gender identities of their carriers, this chapter looks at how these gun carriers use firearms—sometimes in confrontation with police—to assert themselves as lawful citizens and to compel public law enforcement to recognize their rights as such.
James K. Conant and Peter J. Balint
- Published in print:
- 2016
- Published Online:
- November 2020
- ISBN:
- 9780190203702
- eISBN:
- 9780197559499
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190203702.003.0004
- Subject:
- Environmental Science, Environmentalist and Conservationist Organizations
A variety of human activities produce pollutants, many of which pose risks to human health, the natural environment, and the Earth’s biosphere. These activities, ...
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A variety of human activities produce pollutants, many of which pose risks to human health, the natural environment, and the Earth’s biosphere. These activities, however, may have important economic and social purposes. For example, coal-fired utility plants emit a range of dangerous substances from their tall smokestacks, many of which fall back to Earth hundreds of miles downwind. These pollutants make breathing difficult for people who have asthma and heart disease, and they damage forests, lakes, rivers, and the ecosystems of which they are a part. Yet, the electrical power generated at these plants is used to run factories, provide heat and air conditioning for office buildings, light homes, and sustain the Internet. Likewise, the internal combustion engines in automobiles and trucks emit harmful pollutants from their exhaust pipes that cause smog in urban areas and contribute to global climate change. Yet these vehicles give people the means to travel, conduct their social lives, commute to work, and move goods to markets. These two examples illustrate the underlying contradictions, tensions, and fault lines upon which environmental politics, policy, and administration are built. Human activities that generate pollutants create benefits and impose costs. The distribution of those benefits and costs differs by areas of the country, by sectors of the economy, and among many groups and individuals within our society. For example, oil companies, automobile manufacturers, and private utility companies that own coal-fired power plants have traditionally been among the fiercest opponents of efforts to limit pollutants that degrade air quality. Environmental groups, public health groups, and elected officials in urban areas and the states of the Northeast and West Coast have been among the strongest supporters of air pollution controls. Opponents of efforts to limit pollution generally contend that such limits lead to increased prices and lost jobs. Utility companies do incur costs when they purchase and install air pollution control equipment. Those costs are passed on to manufacturing firms, tenants in office buildings, and homeowners in the form of higher electricity bills.
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A variety of human activities produce pollutants, many of which pose risks to human health, the natural environment, and the Earth’s biosphere. These activities, however, may have important economic and social purposes. For example, coal-fired utility plants emit a range of dangerous substances from their tall smokestacks, many of which fall back to Earth hundreds of miles downwind. These pollutants make breathing difficult for people who have asthma and heart disease, and they damage forests, lakes, rivers, and the ecosystems of which they are a part. Yet, the electrical power generated at these plants is used to run factories, provide heat and air conditioning for office buildings, light homes, and sustain the Internet. Likewise, the internal combustion engines in automobiles and trucks emit harmful pollutants from their exhaust pipes that cause smog in urban areas and contribute to global climate change. Yet these vehicles give people the means to travel, conduct their social lives, commute to work, and move goods to markets. These two examples illustrate the underlying contradictions, tensions, and fault lines upon which environmental politics, policy, and administration are built. Human activities that generate pollutants create benefits and impose costs. The distribution of those benefits and costs differs by areas of the country, by sectors of the economy, and among many groups and individuals within our society. For example, oil companies, automobile manufacturers, and private utility companies that own coal-fired power plants have traditionally been among the fiercest opponents of efforts to limit pollutants that degrade air quality. Environmental groups, public health groups, and elected officials in urban areas and the states of the Northeast and West Coast have been among the strongest supporters of air pollution controls. Opponents of efforts to limit pollution generally contend that such limits lead to increased prices and lost jobs. Utility companies do incur costs when they purchase and install air pollution control equipment. Those costs are passed on to manufacturing firms, tenants in office buildings, and homeowners in the form of higher electricity bills.
Barry Riley
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780190228873
- eISBN:
- 9780190228903
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190228873.003.0010
- Subject:
- Economics and Finance, Public and Welfare
By 1954, U.S. government-owned food stocks were expanding rapidly, the result of a broad failure in domestic agricultural policy. Not only had it been extremely costly for taxpayers to pay farmers ...
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By 1954, U.S. government-owned food stocks were expanding rapidly, the result of a broad failure in domestic agricultural policy. Not only had it been extremely costly for taxpayers to pay farmers for these unneeded commodities, but the surpluses threatened to destabilize agricultural markets. Congress determined that the subsidized sales of these commodities to overseas customers was a good way to reduce the size of domestic surpluses and passed legislation to sell them for local currencies, which would be reinvested in the recipient countries to spur growth, or to barter them for raw materials the United States needed. At the last minute, a grant program was added to the legislation providing food relief to undernourished people in the world’s poorer countries. President Eisenhower signed the bill in July 1954. This was the beginning of America’s modern international food aid programs.Less
By 1954, U.S. government-owned food stocks were expanding rapidly, the result of a broad failure in domestic agricultural policy. Not only had it been extremely costly for taxpayers to pay farmers for these unneeded commodities, but the surpluses threatened to destabilize agricultural markets. Congress determined that the subsidized sales of these commodities to overseas customers was a good way to reduce the size of domestic surpluses and passed legislation to sell them for local currencies, which would be reinvested in the recipient countries to spur growth, or to barter them for raw materials the United States needed. At the last minute, a grant program was added to the legislation providing food relief to undernourished people in the world’s poorer countries. President Eisenhower signed the bill in July 1954. This was the beginning of America’s modern international food aid programs.
Martha Minow
- Published in print:
- 2010
- Published Online:
- November 2020
- ISBN:
- 9780195171525
- eISBN:
- 9780197565643
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780195171525.003.0007
- Subject:
- Education, History of Education
The historic treatment of students with disabilities in many ways resembles racial segregation in schools. Brown’s influence in this field is clear but complicated. ...
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The historic treatment of students with disabilities in many ways resembles racial segregation in schools. Brown’s influence in this field is clear but complicated. Also complicated are debates over equal treatment of students who identify as gay, lesbian, bisexual, or transgendered. Religious students—and religious schools—elicit further variations on the educational equality debate with consequences for social integration and intergroup relations. Compulsory education laws in the United States for many years exempted students with mental and physical disabilities, and many school systems excluded such students or assigned them to separate institutions well into the 1970s. Before Brown, court challenges to this treatment of students with disabilities failed either on the assumption that the child’s impairments made schooling inappropriate or that the presence of the child with disabilities would harm the best interests of other children and the school. Even schools set up for students with disabilities could exclude a student by asserting that the child’s limitations would prevent educational progress. During the 1920s, communities established separate schools for students who were blind, deaf, or severely retarded, and many schools established separate classrooms for students who were considered to be slow learners. Misclassifications assigning students to separate classrooms or schools was not uncommon, and especially affected students who were immigrants or members of minority groups. This process of segregating persons with disabilities often relegated such persons to squalid residential institutions and imposed forced sterilization, justified in terms set by the eugenics movement. Those children with disabilities who did receive services did so largely in classrooms or schools removed from their peers. Parent advocacy organizations and civil rights activists challenged these practices, often with explicit references to Brown v. Board of Education. Parents and educators pressed for both more funding and experiments placing students with disabilities in regular educational settings. Integration, also called “mainstreaming” and “inclusion,” became a central goal through litigation, legislation, and advocacy for individual students, but for some children, advocates also pursued specialized instruction in separate settings. Intertwined with failures in the treatment of students with disabilities was the problem of racially discriminatory treatment.
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The historic treatment of students with disabilities in many ways resembles racial segregation in schools. Brown’s influence in this field is clear but complicated. Also complicated are debates over equal treatment of students who identify as gay, lesbian, bisexual, or transgendered. Religious students—and religious schools—elicit further variations on the educational equality debate with consequences for social integration and intergroup relations. Compulsory education laws in the United States for many years exempted students with mental and physical disabilities, and many school systems excluded such students or assigned them to separate institutions well into the 1970s. Before Brown, court challenges to this treatment of students with disabilities failed either on the assumption that the child’s impairments made schooling inappropriate or that the presence of the child with disabilities would harm the best interests of other children and the school. Even schools set up for students with disabilities could exclude a student by asserting that the child’s limitations would prevent educational progress. During the 1920s, communities established separate schools for students who were blind, deaf, or severely retarded, and many schools established separate classrooms for students who were considered to be slow learners. Misclassifications assigning students to separate classrooms or schools was not uncommon, and especially affected students who were immigrants or members of minority groups. This process of segregating persons with disabilities often relegated such persons to squalid residential institutions and imposed forced sterilization, justified in terms set by the eugenics movement. Those children with disabilities who did receive services did so largely in classrooms or schools removed from their peers. Parent advocacy organizations and civil rights activists challenged these practices, often with explicit references to Brown v. Board of Education. Parents and educators pressed for both more funding and experiments placing students with disabilities in regular educational settings. Integration, also called “mainstreaming” and “inclusion,” became a central goal through litigation, legislation, and advocacy for individual students, but for some children, advocates also pursued specialized instruction in separate settings. Intertwined with failures in the treatment of students with disabilities was the problem of racially discriminatory treatment.
Alice M. Hammel and Ryan M. Hourigan
- Published in print:
- 2011
- Published Online:
- November 2020
- ISBN:
- 9780195395402
- eISBN:
- 9780197562819
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780195395402.003.0007
- Subject:
- Education, Teaching of Specific Groups and Special Educational Needs
Legal wrangling, court decisions, and the timeline of a bill as it becomes law are not always met with public scrutiny or interest. However, there are many ...
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Legal wrangling, court decisions, and the timeline of a bill as it becomes law are not always met with public scrutiny or interest. However, there are many seminal moments that have shaped policies, legislation, and litigation in the areas of civil rights and the education of students with special needs. The keystone legislation examined in this chapter has continued to define us as a country and shape our public policy. Influenced by the civil rights movement, parents and advocates of students with special needs learned that true progress for their causes is steeped in the court houses and lawmaking bodies of our states, districts, and in Washington, DC. It is through legislation and litigation that change becomes reality. It was through this paradigm shift that the lives of students with special needs and their families improved. In addition, advocates learned that it is also possible to improve the quality of life for all students. It is through inclusion and an increasingly widened lens when viewing differences and diversity that all students (those with and without special needs) in our schools have the opportunity to learn and grow with those who are different. The path for all, then, is expanded and enriched for the experiences shared through an inclusive and diverse environment. While Linda Brown, and all other students who are African-American are now eligible to attend their neighborhood schools, students with special needs are often bused far from their neighborhoods to be educated with other students because the school system has decided to segregate them according to ability and disability. If Linda had autism today, she might have to ride a bus for an hour and a half (each way) to school every day when her local elementary school is no farther from her home than the Sumner School was in 1951. We clearly still have a long way to go in delineating the rights of all citizens to equal access under the law. The Brown v. Board of Education (1954) case was very important to the cause of those seeking to have students with special needs included in the public schools.
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Legal wrangling, court decisions, and the timeline of a bill as it becomes law are not always met with public scrutiny or interest. However, there are many seminal moments that have shaped policies, legislation, and litigation in the areas of civil rights and the education of students with special needs. The keystone legislation examined in this chapter has continued to define us as a country and shape our public policy. Influenced by the civil rights movement, parents and advocates of students with special needs learned that true progress for their causes is steeped in the court houses and lawmaking bodies of our states, districts, and in Washington, DC. It is through legislation and litigation that change becomes reality. It was through this paradigm shift that the lives of students with special needs and their families improved. In addition, advocates learned that it is also possible to improve the quality of life for all students. It is through inclusion and an increasingly widened lens when viewing differences and diversity that all students (those with and without special needs) in our schools have the opportunity to learn and grow with those who are different. The path for all, then, is expanded and enriched for the experiences shared through an inclusive and diverse environment. While Linda Brown, and all other students who are African-American are now eligible to attend their neighborhood schools, students with special needs are often bused far from their neighborhoods to be educated with other students because the school system has decided to segregate them according to ability and disability. If Linda had autism today, she might have to ride a bus for an hour and a half (each way) to school every day when her local elementary school is no farther from her home than the Sumner School was in 1951. We clearly still have a long way to go in delineating the rights of all citizens to equal access under the law. The Brown v. Board of Education (1954) case was very important to the cause of those seeking to have students with special needs included in the public schools.
Jennifer Carlson
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199347551
- eISBN:
- 9780190236595
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199347551.003.0004
- Subject:
- Sociology, Culture, Law, Crime and Deviance
This chapter examines how a version of citizenship presented in NRA training courses is enacted in everyday life by gun carriers. It revisits the historical relationship between the state’s power to ...
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This chapter examines how a version of citizenship presented in NRA training courses is enacted in everyday life by gun carriers. It revisits the historical relationship between the state’s power to police and masculinity to examine how gun carriers use firearms to address concerns about public law enforcement by refuting their own personal dependency on the state and claiming a right to self-defense. It then shows that gun carriers embrace firearms not just to protect themselves but also to protect others: their families, friends, and even strangers. This “duty to protect” provides a new basis upon which men can assert their utility, relevance, and authority to their families and broader communities.Less
This chapter examines how a version of citizenship presented in NRA training courses is enacted in everyday life by gun carriers. It revisits the historical relationship between the state’s power to police and masculinity to examine how gun carriers use firearms to address concerns about public law enforcement by refuting their own personal dependency on the state and claiming a right to self-defense. It then shows that gun carriers embrace firearms not just to protect themselves but also to protect others: their families, friends, and even strangers. This “duty to protect” provides a new basis upon which men can assert their utility, relevance, and authority to their families and broader communities.