Jochen Prantl
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199287680
- eISBN:
- 9780191603723
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199287686.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen ...
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This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen against the background of great power tensions in the Security Council. The early stages of UN peacekeeping saw a shift of governance from the Security Council to the Secretary-General and the General Assembly, which fostered the emergence of informal ad hoc groupings of states. The formation of advisory committees reflected the desire of the Secretary-General to strengthen his voice vis-á-vis the Security Council. When the lack of unanimity of the permanent members prevented the Council from assuming its responsibilities, the General Assembly took charge by recommending collective measures. However, when the Security Council was able to act, its resolutions and mandates entrusted to the Secretary-General often reflected a political compromise based on the lowest common denominator among its members. The workings of the two advisory committees established in the context of crises at the Suez Canal (1956-67) and in the Congo (1960-4) illustrate these points further.Less
This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen against the background of great power tensions in the Security Council. The early stages of UN peacekeeping saw a shift of governance from the Security Council to the Secretary-General and the General Assembly, which fostered the emergence of informal ad hoc groupings of states. The formation of advisory committees reflected the desire of the Secretary-General to strengthen his voice vis-á-vis the Security Council. When the lack of unanimity of the permanent members prevented the Council from assuming its responsibilities, the General Assembly took charge by recommending collective measures. However, when the Security Council was able to act, its resolutions and mandates entrusted to the Secretary-General often reflected a political compromise based on the lowest common denominator among its members. The workings of the two advisory committees established in the context of crises at the Suez Canal (1956-67) and in the Congo (1960-4) illustrate these points further.
Louis Fisher
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217977
- eISBN:
- 9780191711541
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217977.003.0002
- Subject:
- Political Science, American Politics
This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court ...
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This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court case, Curtiss-Wright, that is most often cited for supporting inherent and extra-constitutional powers for the president. The chapter then moves to discussing the use of inherent powers by President Harry Truman in 1952 to seize steel mills to prosecute the war in Korea, and the reliance on inherent powers by President George W. Bush to accomplish a range of war-related actions. Truman's initiative was repudiated by the Supreme Court in the Youngstown case, but the legal and political limits of Bush's actions are still being played out.Less
This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court case, Curtiss-Wright, that is most often cited for supporting inherent and extra-constitutional powers for the president. The chapter then moves to discussing the use of inherent powers by President Harry Truman in 1952 to seize steel mills to prosecute the war in Korea, and the reliance on inherent powers by President George W. Bush to accomplish a range of war-related actions. Truman's initiative was repudiated by the Supreme Court in the Youngstown case, but the legal and political limits of Bush's actions are still being played out.
Uwe Steinhoff
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217373
- eISBN:
- 9780191712470
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217373.003.0005
- Subject:
- Political Science, Political Theory
This chapter tackles the question of why soldiers, allegedly, are legitimate targets and civilians not. Four approaches to the explanation of the difference are discussed: the moral guilt theory, the ...
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This chapter tackles the question of why soldiers, allegedly, are legitimate targets and civilians not. Four approaches to the explanation of the difference are discussed: the moral guilt theory, the convention theory, the self-defence theory, and the justifying emergency theory. All these approaches have a valid moral principle at heart, but are nevertheless misleading in that they raise their respective principle to the status of the absolute. The chapter outlines how a comparative weighting of the principles can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians; this has extremely important consequences for the conduct of war.Less
This chapter tackles the question of why soldiers, allegedly, are legitimate targets and civilians not. Four approaches to the explanation of the difference are discussed: the moral guilt theory, the convention theory, the self-defence theory, and the justifying emergency theory. All these approaches have a valid moral principle at heart, but are nevertheless misleading in that they raise their respective principle to the status of the absolute. The chapter outlines how a comparative weighting of the principles can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians; this has extremely important consequences for the conduct of war.
Derek Doyle and David Jeffrey
- Published in print:
- 2000
- Published Online:
- November 2011
- ISBN:
- 9780192632272
- eISBN:
- 9780191730245
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780192632272.001.0001
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology
Most people with far-advanced illness wish to be cared for at home for as long as possible. The challenge of providing good palliative care at home is therefore of major importance for family ...
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Most people with far-advanced illness wish to be cared for at home for as long as possible. The challenge of providing good palliative care at home is therefore of major importance for family doctors, nurses, and all those committed to maintaining the highest possible quality of life for the dying person. As modern specialist palliative care has raised both standards of care and also public expectations of family doctors and community nurses, this book helps to place specialist care in context. As palliative care is a major responsibility for teams providing care at home, the book provides a definitive guide on how to provide effective care for people with far-advanced disease. It has been written by two palliative specialists, both of whom have been family doctors. The book deals with all the physical, emotional, spiritual, and social problems that will be encountered by family doctors and community nurses caring for patients and relatives in a home setting. It deals in detail with emergencies, communications, and ethical issues, and emphasises throughout the importance of team work.Less
Most people with far-advanced illness wish to be cared for at home for as long as possible. The challenge of providing good palliative care at home is therefore of major importance for family doctors, nurses, and all those committed to maintaining the highest possible quality of life for the dying person. As modern specialist palliative care has raised both standards of care and also public expectations of family doctors and community nurses, this book helps to place specialist care in context. As palliative care is a major responsibility for teams providing care at home, the book provides a definitive guide on how to provide effective care for people with far-advanced disease. It has been written by two palliative specialists, both of whom have been family doctors. The book deals with all the physical, emotional, spiritual, and social problems that will be encountered by family doctors and community nurses caring for patients and relatives in a home setting. It deals in detail with emergencies, communications, and ethical issues, and emphasises throughout the importance of team work.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0010
- Subject:
- Political Science, International Relations and Politics
This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum ...
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This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum behind the norm of ‘sovereignty as responsibility’. In the course of waging the war on terrorism, the powers of sovereign states have been increased and the willingness of Western states to criticize the treatment of civilians within other sovereign jurisdictions appears to have weakened. On the other, there are three reasons why humanitarian intervention – and the issues associated with it – will continue to preoccupy scholars and statesmen in a post-September 11th world. First, the terrorist attacks of 2001 have reinforced the view that instability within or collapse of a state anywhere in the world can have implications that reach far wider than that particular region. Second, the debate about what constraints should be placed on the use of force – particularly those related to proper authority – are as relevant for the ‘war on terror’ as they are for humanitarian intervention. Finally, as the missions in Afghanistan in 2001 and Iraq in 2003 have shown, humanitarian rationale are all-important in justifying the use of force in international society, even when other motives are at work.Less
This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum behind the norm of ‘sovereignty as responsibility’. In the course of waging the war on terrorism, the powers of sovereign states have been increased and the willingness of Western states to criticize the treatment of civilians within other sovereign jurisdictions appears to have weakened. On the other, there are three reasons why humanitarian intervention – and the issues associated with it – will continue to preoccupy scholars and statesmen in a post-September 11th world. First, the terrorist attacks of 2001 have reinforced the view that instability within or collapse of a state anywhere in the world can have implications that reach far wider than that particular region. Second, the debate about what constraints should be placed on the use of force – particularly those related to proper authority – are as relevant for the ‘war on terror’ as they are for humanitarian intervention. Finally, as the missions in Afghanistan in 2001 and Iraq in 2003 have shown, humanitarian rationale are all-important in justifying the use of force in international society, even when other motives are at work.
Vernon Bogdanor
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198293347
- eISBN:
- 9780191598821
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293348.003.0004
- Subject:
- Political Science, UK Politics
Normally, in a first past the post‐electoral system in which majority single‐party government is the rule, the sovereign has no choice as to who to call to the Palace. But, in cases of emergency—war ...
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Normally, in a first past the post‐electoral system in which majority single‐party government is the rule, the sovereign has no choice as to who to call to the Palace. But, in cases of emergency—war or economic crisis, as in 1931—the sovereign may enjoy discretion. In such circumstances, it may be necessary to create a coalition government, as in 1915, 1916, 1931, or 1940, and the sovereign's role may then be crucial. The danger is that, in using his or her discretion, the sovereign's actions may appear partisan, and the sovereign's actions will then be labelled `unconstitutional’.Less
Normally, in a first past the post‐electoral system in which majority single‐party government is the rule, the sovereign has no choice as to who to call to the Palace. But, in cases of emergency—war or economic crisis, as in 1931—the sovereign may enjoy discretion. In such circumstances, it may be necessary to create a coalition government, as in 1915, 1916, 1931, or 1940, and the sovereign's role may then be crucial. The danger is that, in using his or her discretion, the sovereign's actions may appear partisan, and the sovereign's actions will then be labelled `unconstitutional’.
Michael Banton
- Published in print:
- 1996
- Published Online:
- November 2003
- ISBN:
- 9780198280613
- eISBN:
- 9780191598760
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280610.003.0008
- Subject:
- Political Science, International Relations and Politics
With the election of new members in 1988 and with changes in external circumstances, CERD was able to take positive steps to improve its working methods and to agree that it would issue ‘concluding ...
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With the election of new members in 1988 and with changes in external circumstances, CERD was able to take positive steps to improve its working methods and to agree that it would issue ‘concluding observations’ expressing a collective view. It introduced procedures for reviewing the implementation of the Convention in states that had not submitted reports and for taking urgent action in emergencies. Its procedure for issuing opinions on communications (or petitions) from individuals came into effect. Figures are provided on the use of CERD's time.Less
With the election of new members in 1988 and with changes in external circumstances, CERD was able to take positive steps to improve its working methods and to agree that it would issue ‘concluding observations’ expressing a collective view. It introduced procedures for reviewing the implementation of the Convention in states that had not submitted reports and for taking urgent action in emergencies. Its procedure for issuing opinions on communications (or petitions) from individuals came into effect. Figures are provided on the use of CERD's time.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.003.0009
- Subject:
- Political Science, International Relations and Politics
As evidenced in US government responses to humanitarian emergencies over the past decade, humanitarian considerations are often not taken into account sufficiently in military and political planning ...
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As evidenced in US government responses to humanitarian emergencies over the past decade, humanitarian considerations are often not taken into account sufficiently in military and political planning processes. Kosovo was a prime example. The status quo is not an optimal basis for promoting US humanitarian interests. Bureaucratic turf wars and a long‐standing debate between the developed and developing countries on questions of intervention and national sovereignty have politicized and slowed effective humanitarian action, causing donor countries to turn away from formal multi‐lateral structures. To more effectively discharge US government functions in the humanitarian field and to more effectively coordinate policy, a new separate civilian agency —an Agency for Humanitarian Action (AHA)—is proposed.Less
As evidenced in US government responses to humanitarian emergencies over the past decade, humanitarian considerations are often not taken into account sufficiently in military and political planning processes. Kosovo was a prime example. The status quo is not an optimal basis for promoting US humanitarian interests. Bureaucratic turf wars and a long‐standing debate between the developed and developing countries on questions of intervention and national sovereignty have politicized and slowed effective humanitarian action, causing donor countries to turn away from formal multi‐lateral structures. To more effectively discharge US government functions in the humanitarian field and to more effectively coordinate policy, a new separate civilian agency —an Agency for Humanitarian Action (AHA)—is proposed.
Gil Loescher
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199246915
- eISBN:
- 9780191599781
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246912.003.0003
- Subject:
- Political Science, International Relations and Politics
UNHCR was created with a mandate for refugee protection and to provide solutions to refugee problems, but with practically no funds with which to carry out these functions. Despite the inauspicious ...
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UNHCR was created with a mandate for refugee protection and to provide solutions to refugee problems, but with practically no funds with which to carry out these functions. Despite the inauspicious beginnings of the UNHCR and the opposition of the US and the Soviet Union in the early Cold War period, the first High Commissioner, Gerrit Jan van Heuven Goedhart, convinced the major powers that their interests in political stability in Europe converged with those of the UNHCR. By gradually enlarging the scope of his office, by obtaining the capacity for independent fund raising through the UN Refugee Emergency Fund and by assuming material assistance responsibilities, the High Commissioner paved the way for the UNHCR to become the centrepiece of the emerging international refugee regime.Less
UNHCR was created with a mandate for refugee protection and to provide solutions to refugee problems, but with practically no funds with which to carry out these functions. Despite the inauspicious beginnings of the UNHCR and the opposition of the US and the Soviet Union in the early Cold War period, the first High Commissioner, Gerrit Jan van Heuven Goedhart, convinced the major powers that their interests in political stability in Europe converged with those of the UNHCR. By gradually enlarging the scope of his office, by obtaining the capacity for independent fund raising through the UN Refugee Emergency Fund and by assuming material assistance responsibilities, the High Commissioner paved the way for the UNHCR to become the centrepiece of the emerging international refugee regime.
Mario Luis Small
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195384352
- eISBN:
- 9780199869893
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195384352.003.0005
- Subject:
- Political Science, American Politics
This chapter examines those conditions under which mothers who were so weakly tied that no theorist would expect them to provide social support often provided such support anyway. It finds that ...
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This chapter examines those conditions under which mothers who were so weakly tied that no theorist would expect them to provide social support often provided such support anyway. It finds that centers both intentionally and unintentionally facilitated trust among parents and instituted obligations that the latter felt compelled to follow. These conditions at times generated a supportive network of acquaintances that mothers could call upon. This network, however, was only useful or important among mothers who were highly isolated or otherwise resource‐deprived.Less
This chapter examines those conditions under which mothers who were so weakly tied that no theorist would expect them to provide social support often provided such support anyway. It finds that centers both intentionally and unintentionally facilitated trust among parents and instituted obligations that the latter felt compelled to follow. These conditions at times generated a supportive network of acquaintances that mothers could call upon. This network, however, was only useful or important among mothers who were highly isolated or otherwise resource‐deprived.
Thomas P. Crocker
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780300181616
- eISBN:
- 9780300182217
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300181616.001.0001
- Subject:
- Political Science, American Politics
Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution of the United States, however, was ...
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Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution of the United States, however, was designed to function under “states of exception,” most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. This book urges the United States Congress, the courts, and other bodies to put those checks into practice. The book analyzes the constitutional norms that fail to guide and constrain the choice of action through an analysis of what is appropriate. It explores how constitutional norms always apply as unavoidably normative constitutional questions during an emergency. It explains how necessity can produce dictatorship, because the people are willing to allow whatever it takes to solve their immediate needs, and it looks into the theory that a president might suspend the constitutional order in order to post hoc political accountability. It then talks about necessity that enables presidential discretion, and responds to arguments regarding the president having all the power that necessity confers. The book considers the scope of implied presidential power, arguing that even if there is power to do what is necessary, it is still constrained by conceptions of what is proper. It emphasizes how deference to the president is inconsistent with a constitutional tradition that preciously guards decisions about liberty. The book concludes with a review of the commitment to constitutional values as a constitutive feature of political identity in American constitutionalism.Less
Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution of the United States, however, was designed to function under “states of exception,” most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. This book urges the United States Congress, the courts, and other bodies to put those checks into practice. The book analyzes the constitutional norms that fail to guide and constrain the choice of action through an analysis of what is appropriate. It explores how constitutional norms always apply as unavoidably normative constitutional questions during an emergency. It explains how necessity can produce dictatorship, because the people are willing to allow whatever it takes to solve their immediate needs, and it looks into the theory that a president might suspend the constitutional order in order to post hoc political accountability. It then talks about necessity that enables presidential discretion, and responds to arguments regarding the president having all the power that necessity confers. The book considers the scope of implied presidential power, arguing that even if there is power to do what is necessary, it is still constrained by conceptions of what is proper. It emphasizes how deference to the president is inconsistent with a constitutional tradition that preciously guards decisions about liberty. The book concludes with a review of the commitment to constitutional values as a constitutive feature of political identity in American constitutionalism.
Cheryl Regehr and Ted Bober
- Published in print:
- 2005
- Published Online:
- January 2009
- ISBN:
- 9780195165029
- eISBN:
- 9780199864089
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195165029.001.0001
- Subject:
- Social Work, Health and Mental Health
In the wake of disaster, emergency service workers including police officers, firefighters, and paramedics are first on the scene and last to leave. Their heroic actions save lives, provide comfort ...
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In the wake of disaster, emergency service workers including police officers, firefighters, and paramedics are first on the scene and last to leave. Their heroic actions save lives, provide comfort to and care for the wounded, and inspire onlookers, but at what cost to themselves? We now know that rescue workers who are exposed to mutilated bodies, mass destruction, multiple casualties, and life threatening situations may become the hidden victims of disaster. The sequelea in terms of traumatic stress symptoms and depressive symptoms has the potential to be highly disruptive and long-standing for both the individual worker and their families, and the organizations in which they work. Additionally, emergency workers are exposed to events involving human pain and suffering on a daily basis. While for the most part emergency workers are equipped to deal with these events, on occasion one particular event will have a lasting impact. This book is based on the authors’ combined experience of over forty years of clinical work in emergency departments and with emergency service organizations. It provides an overview of the issue of trauma in the emergency services.Less
In the wake of disaster, emergency service workers including police officers, firefighters, and paramedics are first on the scene and last to leave. Their heroic actions save lives, provide comfort to and care for the wounded, and inspire onlookers, but at what cost to themselves? We now know that rescue workers who are exposed to mutilated bodies, mass destruction, multiple casualties, and life threatening situations may become the hidden victims of disaster. The sequelea in terms of traumatic stress symptoms and depressive symptoms has the potential to be highly disruptive and long-standing for both the individual worker and their families, and the organizations in which they work. Additionally, emergency workers are exposed to events involving human pain and suffering on a daily basis. While for the most part emergency workers are equipped to deal with these events, on occasion one particular event will have a lasting impact. This book is based on the authors’ combined experience of over forty years of clinical work in emergency departments and with emergency service organizations. It provides an overview of the issue of trauma in the emergency services.
James Pfeiffer
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691157382
- eISBN:
- 9781400846801
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691157382.003.0009
- Subject:
- Anthropology, Social and Cultural Anthropology
The President's Emergency Program for AIDS Relief (PEPFAR) has significantly transformed the global health landscape by injecting $15 billion into HIV/AIDS care and treatment programs in twenty ...
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The President's Emergency Program for AIDS Relief (PEPFAR) has significantly transformed the global health landscape by injecting $15 billion into HIV/AIDS care and treatment programs in twenty countries between 2004–2010. In Mozambique, PEPFAR funds constituted nearly 60 percent of all health sector planned spending by 2008. While debates about PEPFAR's restrictions on condom promotion, sex worker education programs, and abortion/reproductive health have dominated critiques of the program, perhaps the single most important aspect of PEPFAR's rollout has largely escaped scrutiny in the wider global discussion: PEPFAR funding, by design, does not directly flow through the public sector. This chapter draws on the author's firsthand experience in Mozambique to describe the tension, conflict, and potentials created by new major aid flows to Africa.Less
The President's Emergency Program for AIDS Relief (PEPFAR) has significantly transformed the global health landscape by injecting $15 billion into HIV/AIDS care and treatment programs in twenty countries between 2004–2010. In Mozambique, PEPFAR funds constituted nearly 60 percent of all health sector planned spending by 2008. While debates about PEPFAR's restrictions on condom promotion, sex worker education programs, and abortion/reproductive health have dominated critiques of the program, perhaps the single most important aspect of PEPFAR's rollout has largely escaped scrutiny in the wider global discussion: PEPFAR funding, by design, does not directly flow through the public sector. This chapter draws on the author's firsthand experience in Mozambique to describe the tension, conflict, and potentials created by new major aid flows to Africa.
Christina Binder and August Reinisch
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0016
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified ...
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The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified in Article 25 of the ILC Articles on State Responsibility in situations of economic emergency. This chapter examines the emergency regimes of national legal systems for additional insights that might assist in more closely delineating a State's emergency powers in times of (economic) crisis; more particularly concerning the conditions governing the adoption of emergency measures and the consequences thereof. This is done with reference to four representative legal systems — two from common law jurisdictions and two from those under civil law: the British, French, German, and US systems.Less
The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified in Article 25 of the ILC Articles on State Responsibility in situations of economic emergency. This chapter examines the emergency regimes of national legal systems for additional insights that might assist in more closely delineating a State's emergency powers in times of (economic) crisis; more particularly concerning the conditions governing the adoption of emergency measures and the consequences thereof. This is done with reference to four representative legal systems — two from common law jurisdictions and two from those under civil law: the British, French, German, and US systems.
Mark Neocleous
- Published in print:
- 2008
- Published Online:
- September 2012
- ISBN:
- 9780748633289
- eISBN:
- 9780748671984
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748633289.001.0001
- Subject:
- Political Science, International Relations and Politics
The contemporary political imagination and social landscape are saturated by the idea of security and thoughts of insecurity. This saturation has been accompanied by the emergence of a minor industry ...
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The contemporary political imagination and social landscape are saturated by the idea of security and thoughts of insecurity. This saturation has been accompanied by the emergence of a minor industry generating ideas about how to define and redefine security, how to defend and improve it, how to widen and deepen it, how to civilise and democratise it. This book takes an entirely different approach and offers the first fully-fledged critique of security. Challenging the common assumption that treats security as an unquestionable good, Neocleous explores the ways in which security has been deployed towards a vision of social order in which state power and liberal subjectivity have been inscribed into human experience. Treating security as a political technology of liberal order-building, engaging with the work of a wide range of thinkers, and ranging provocatively across security studies and international political economy; history, law and political theory; international relations and historical sociology, Neocleous explores the ways in which individuals, classes and the state have been shaped and ordered according to a logic of security. In so doing he uncovers the violence which underlies the politics of security, the ideological circuit between security and emergency powers, and the security fetishism dominating modern politics.Less
The contemporary political imagination and social landscape are saturated by the idea of security and thoughts of insecurity. This saturation has been accompanied by the emergence of a minor industry generating ideas about how to define and redefine security, how to defend and improve it, how to widen and deepen it, how to civilise and democratise it. This book takes an entirely different approach and offers the first fully-fledged critique of security. Challenging the common assumption that treats security as an unquestionable good, Neocleous explores the ways in which security has been deployed towards a vision of social order in which state power and liberal subjectivity have been inscribed into human experience. Treating security as a political technology of liberal order-building, engaging with the work of a wide range of thinkers, and ranging provocatively across security studies and international political economy; history, law and political theory; international relations and historical sociology, Neocleous explores the ways in which individuals, classes and the state have been shaped and ordered according to a logic of security. In so doing he uncovers the violence which underlies the politics of security, the ideological circuit between security and emergency powers, and the security fetishism dominating modern politics.
CHERYL REGEHR and TED BOBER
- Published in print:
- 2005
- Published Online:
- January 2009
- ISBN:
- 9780195165029
- eISBN:
- 9780199864089
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195165029.003.0001
- Subject:
- Social Work, Health and Mental Health
This book is about everyday heroism. It is about the work that emergency responders do and the traumatic situations that they face when serving the public. It looks at factors at multiple levels that ...
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This book is about everyday heroism. It is about the work that emergency responders do and the traumatic situations that they face when serving the public. It looks at factors at multiple levels that make these jobs and the impact that they have on individuals and their families more or less difficult. The purpose is to show that it is not one event alone that causes trauma in people working in the emergency services. Rather, trauma is the result of the interplay between an event, the person encountering the event, the public and media response to the event, the organization in which responders work, and the supports and life that they have outside the workplace. In the end, the book provides suggestions for intervention that take into account these multiple levels of influence.Less
This book is about everyday heroism. It is about the work that emergency responders do and the traumatic situations that they face when serving the public. It looks at factors at multiple levels that make these jobs and the impact that they have on individuals and their families more or less difficult. The purpose is to show that it is not one event alone that causes trauma in people working in the emergency services. Rather, trauma is the result of the interplay between an event, the person encountering the event, the public and media response to the event, the organization in which responders work, and the supports and life that they have outside the workplace. In the end, the book provides suggestions for intervention that take into account these multiple levels of influence.
Alia Brahimi
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199562961
- eISBN:
- 9780191595059
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562961.003.0004
- Subject:
- Political Science, Political Theory, International Relations and Politics
Examining questions of jus in bello, this chapter begins by applying the principles of proportionality and discrimination to the invasion of Iraq. The analysis then focuses on the Bush ...
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Examining questions of jus in bello, this chapter begins by applying the principles of proportionality and discrimination to the invasion of Iraq. The analysis then focuses on the Bush administration's justifications for the treatment of ‘non‐lawful combatants’ at Guantanamo Bay. Using the logic of ‘supreme emergency’, alleged terrorists were stripped of Geneva Convention protections because the defensive just cause was presented as unusually urgent and the stakes were said to be civilizational. First‐order principles such as the prohibition against torture were qualified by the emergency of the jus ad bellum, thus rendering supposedly absolute human rights contingent upon the state of the world. The Bush administration's ‘choice of evils’ strategy was critiqued by other lawyers, governments, and human rights groups worldwide, as well as by members of the Bush administration's Department of State.Less
Examining questions of jus in bello, this chapter begins by applying the principles of proportionality and discrimination to the invasion of Iraq. The analysis then focuses on the Bush administration's justifications for the treatment of ‘non‐lawful combatants’ at Guantanamo Bay. Using the logic of ‘supreme emergency’, alleged terrorists were stripped of Geneva Convention protections because the defensive just cause was presented as unusually urgent and the stakes were said to be civilizational. First‐order principles such as the prohibition against torture were qualified by the emergency of the jus ad bellum, thus rendering supposedly absolute human rights contingent upon the state of the world. The Bush administration's ‘choice of evils’ strategy was critiqued by other lawyers, governments, and human rights groups worldwide, as well as by members of the Bush administration's Department of State.
KEITH CULVER and MICHAEL GIUDICE
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195370751
- eISBN:
- 9780199775903
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370751.003.006
- Subject:
- Law, Philosophy of Law
This chapter argues how the problems of continuity and identity, declared unsolved by Raz, are fundamentally altered. The old conceptions of the problems are thoroughly state-, official-, system-, ...
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This chapter argues how the problems of continuity and identity, declared unsolved by Raz, are fundamentally altered. The old conceptions of the problems are thoroughly state-, official-, system-, and hierarchy-based, and as such are of limited value in facing both old and new challenges to explanation of the existence and borders of legality. A new way of understanding these old problems is proposed, re-characterizing them in terms more suited to the goals of general jurisprudence in facing a much broader range of phenomena than before. The chapter also identifies some of the next challenges an inter-institutional view faces.Less
This chapter argues how the problems of continuity and identity, declared unsolved by Raz, are fundamentally altered. The old conceptions of the problems are thoroughly state-, official-, system-, and hierarchy-based, and as such are of limited value in facing both old and new challenges to explanation of the existence and borders of legality. A new way of understanding these old problems is proposed, re-characterizing them in terms more suited to the goals of general jurisprudence in facing a much broader range of phenomena than before. The chapter also identifies some of the next challenges an inter-institutional view faces.
André Béteille
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198080961
- eISBN:
- 9780199082049
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198080961.003.0004
- Subject:
- Sociology, Politics, Social Movements and Social Change
Constitutional morality is important for constitutional laws to be effective. Without constitutional morality, the operation of a constitution tends to become arbitrary, erratic, and capricious. This ...
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Constitutional morality is important for constitutional laws to be effective. Without constitutional morality, the operation of a constitution tends to become arbitrary, erratic, and capricious. This chapter discusses constitutional morality in India, makes a distinction between ‘constitutional democracy’ and ‘populist democracy’, and argues that democracy has survived in India by moving away from the ideal of a constitutional democracy towards a more populist form. It looks at the Emergency of 1975–7 to show the connection between anarchy and the abuse of power as two forces that are both antithetical to constitutional morality. It also examines the link between constitutional morality and the principle of civil disobedience, which under the leadership of Mahatma Gandhi became the cornerstone of India’s nationalist movement.Less
Constitutional morality is important for constitutional laws to be effective. Without constitutional morality, the operation of a constitution tends to become arbitrary, erratic, and capricious. This chapter discusses constitutional morality in India, makes a distinction between ‘constitutional democracy’ and ‘populist democracy’, and argues that democracy has survived in India by moving away from the ideal of a constitutional democracy towards a more populist form. It looks at the Emergency of 1975–7 to show the connection between anarchy and the abuse of power as two forces that are both antithetical to constitutional morality. It also examines the link between constitutional morality and the principle of civil disobedience, which under the leadership of Mahatma Gandhi became the cornerstone of India’s nationalist movement.
Derek Doyle, David Jeffrey, and Kenneth Calman
- Published in print:
- 2000
- Published Online:
- November 2011
- ISBN:
- 9780192632272
- eISBN:
- 9780191730245
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780192632272.003.0006
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology
Palliative care, in an ideal sense, should be proactive. It should be able to anticipate problems and take the necessary action to prevent them if possible. However, there are instances in palliative ...
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Palliative care, in an ideal sense, should be proactive. It should be able to anticipate problems and take the necessary action to prevent them if possible. However, there are instances in palliative care when crises and genuine emergencies develop. Like any other medical emergency, failure to act instantly and appropriately can result to tragedy and disaster. It can also leave the relatives with sadder memories, often coloured with anger and surprise because of the sense and perception of negligence and inattention on the part of the physician. This chapter describes the most common emergencies encountered when providing palliative care at home. Such emergencies are spinal cord compression (SCC), superior vena caval obstrauction (SVCO), convulsions, haemorrhage, acute hypercalcaemia, acute urinary retention, pathological fractures, acute intestinal obstruction, and acute panic attacks.Less
Palliative care, in an ideal sense, should be proactive. It should be able to anticipate problems and take the necessary action to prevent them if possible. However, there are instances in palliative care when crises and genuine emergencies develop. Like any other medical emergency, failure to act instantly and appropriately can result to tragedy and disaster. It can also leave the relatives with sadder memories, often coloured with anger and surprise because of the sense and perception of negligence and inattention on the part of the physician. This chapter describes the most common emergencies encountered when providing palliative care at home. Such emergencies are spinal cord compression (SCC), superior vena caval obstrauction (SVCO), convulsions, haemorrhage, acute hypercalcaemia, acute urinary retention, pathological fractures, acute intestinal obstruction, and acute panic attacks.
