Andrew Mason
- Published in print:
- 2006
- Published Online:
- May 2007
- ISBN:
- 9780199264414
- eISBN:
- 9780191718489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264414.003.0005
- Subject:
- Political Science, Democratization
This chapter focuses on the neutralization approach and raises a difficulty inherent in it. In particular, it argued that the aim of neutralizing the effects of differences in people's circumstances ...
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This chapter focuses on the neutralization approach and raises a difficulty inherent in it. In particular, it argued that the aim of neutralizing the effects of differences in people's circumstances runs counter to some widely held moral intuitions. For if we suppose that justice or equality of opportunity requires the neutralization of these effects, then it would seem that each of us has a reason to refrain from behaving in any way that would advantage our children relative to others. Yet that, in turn, would entail that we have a reason (even if that reason is inconclusive) not to pass on our skills and experience to our children, or even spend ‘quality time’ with them, when we know that doing so would advantage them. This is strongly counter-intuitive. In place of the neutralization approach, justice requires us to mitigate the effects of differences in people's circumstances.Less
This chapter focuses on the neutralization approach and raises a difficulty inherent in it. In particular, it argued that the aim of neutralizing the effects of differences in people's circumstances runs counter to some widely held moral intuitions. For if we suppose that justice or equality of opportunity requires the neutralization of these effects, then it would seem that each of us has a reason to refrain from behaving in any way that would advantage our children relative to others. Yet that, in turn, would entail that we have a reason (even if that reason is inconclusive) not to pass on our skills and experience to our children, or even spend ‘quality time’ with them, when we know that doing so would advantage them. This is strongly counter-intuitive. In place of the neutralization approach, justice requires us to mitigate the effects of differences in people's circumstances.
Andrew Mason
- Published in print:
- 2006
- Published Online:
- May 2007
- ISBN:
- 9780199264414
- eISBN:
- 9780191718489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264414.003.0006
- Subject:
- Political Science, Democratization
This chapter argues that particular versions of the mitigation approach may also incorporate ‘quasi-egalitarian principles’ — principles which hold that certain kinds or degrees of inequality are ...
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This chapter argues that particular versions of the mitigation approach may also incorporate ‘quasi-egalitarian principles’ — principles which hold that certain kinds or degrees of inequality are objectionable. It is also maintained here that a defensible version of the mitigation approach might incorporate more than one kind of principle — it need not consist entirely of quasi-egalitarian principles, nor need it be exhausted by a prioritarian or sufficiency principle — and, furthermore, that different kinds of principles might be appropriate for different goods or different aspects of people's circumstances.Less
This chapter argues that particular versions of the mitigation approach may also incorporate ‘quasi-egalitarian principles’ — principles which hold that certain kinds or degrees of inequality are objectionable. It is also maintained here that a defensible version of the mitigation approach might incorporate more than one kind of principle — it need not consist entirely of quasi-egalitarian principles, nor need it be exhausted by a prioritarian or sufficiency principle — and, furthermore, that different kinds of principles might be appropriate for different goods or different aspects of people's circumstances.
Andrew Mason
- Published in print:
- 2006
- Published Online:
- May 2007
- ISBN:
- 9780199264414
- eISBN:
- 9780191718489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264414.003.0007
- Subject:
- Political Science, Democratization
In order to defend a version of the mitigation approach as opposed to the neutralization approach, a plausible set of principles that might constitute that approach must be identified. The strategy ...
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In order to defend a version of the mitigation approach as opposed to the neutralization approach, a plausible set of principles that might constitute that approach must be identified. The strategy here is to work from the bottom up: to seek defensible principles to govern specific goods or specific aspects of people's circumstances, and then to see whether they can be grounded in more abstract principles. The chapter focuses on three areas: access to qualifications, the giving of gifts and bequests, and the effects of differences in natural talents and abilities. The principles that emerge should be thought of as working together to spell out what kind of impact differences in social circumstances and natural endowments may justly have upon access to advantage. These different principles have different characters: some are best understood as quasi-egalitarian, whilst others are grounded in a moderate version of the sufficiency view.Less
In order to defend a version of the mitigation approach as opposed to the neutralization approach, a plausible set of principles that might constitute that approach must be identified. The strategy here is to work from the bottom up: to seek defensible principles to govern specific goods or specific aspects of people's circumstances, and then to see whether they can be grounded in more abstract principles. The chapter focuses on three areas: access to qualifications, the giving of gifts and bequests, and the effects of differences in natural talents and abilities. The principles that emerge should be thought of as working together to spell out what kind of impact differences in social circumstances and natural endowments may justly have upon access to advantage. These different principles have different characters: some are best understood as quasi-egalitarian, whilst others are grounded in a moderate version of the sufficiency view.
James Salzman and J. B. Ruhl
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780195189650
- eISBN:
- 9780199783694
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195189650.003.0012
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This essay evaluates wetlands mitigation banking (WMB) as a tool for accomplishing the policy of no net loss of the nation's wetlands. The first part describes the legal and historical background to ...
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This essay evaluates wetlands mitigation banking (WMB) as a tool for accomplishing the policy of no net loss of the nation's wetlands. The first part describes the legal and historical background to wetlands mitigation banking, identifying the expected advantages and highlighting the practical difficulties. The discussion then focuses on the three main limitations of WMB design: ensuring meaningful compliance monitoring, currency adequacy, and exchange adequacy. These theoretical concerns are tested by looking at experiences to date in the field. Finally, key lessons for market-based approaches to watershed protection are drawn out.Less
This essay evaluates wetlands mitigation banking (WMB) as a tool for accomplishing the policy of no net loss of the nation's wetlands. The first part describes the legal and historical background to wetlands mitigation banking, identifying the expected advantages and highlighting the practical difficulties. The discussion then focuses on the three main limitations of WMB design: ensuring meaningful compliance monitoring, currency adequacy, and exchange adequacy. These theoretical concerns are tested by looking at experiences to date in the field. Finally, key lessons for market-based approaches to watershed protection are drawn out.
Nicholas J. Wheeler
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0003
- Subject:
- Political Science, International Relations and Politics
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations ...
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Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization.Less
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization.
Mohamed Shahabuddeen
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199670826
- eISBN:
- 9780191751523
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199670826.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International ...
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International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book assesses some of the workings of the ICTY that have shaped these developments. It provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. It reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced.Less
International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book assesses some of the workings of the ICTY that have shaped these developments. It provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. It reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced.
Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0008
- Subject:
- Law, Comparative Law
This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With ...
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This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With anti-insurance, promisor's liability for breach is 100 percent and promisee's compensation is 0 percent, as required for efficient incentives. The chapter first illustrates how anti-insurance works with a numerical example and considers some factors affecting its scope. It then presents examples of anti-insurance for losses and gains before comparing anti-insurance with other legal devices that give incentives to the promisee without eroding the promisor's incentives; these include mitigation of damages, foreseeability of damages, comparative fault, and liquidated damages. It concludes by explaining why anti-insurance is not available in the market.Less
This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With anti-insurance, promisor's liability for breach is 100 percent and promisee's compensation is 0 percent, as required for efficient incentives. The chapter first illustrates how anti-insurance works with a numerical example and considers some factors affecting its scope. It then presents examples of anti-insurance for losses and gains before comparing anti-insurance with other legal devices that give incentives to the promisee without eroding the promisor's incentives; these include mitigation of damages, foreseeability of damages, comparative fault, and liquidated damages. It concludes by explaining why anti-insurance is not available in the market.
Mark Carey
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195396065
- eISBN:
- 9780199775682
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195396065.001.0001
- Subject:
- History, Latin American History
Climate change is producing profound changes globally. This environmental history analysis offers a much needed but barely examined ground‐level study of human impacts and responses to climate change ...
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Climate change is producing profound changes globally. This environmental history analysis offers a much needed but barely examined ground‐level study of human impacts and responses to climate change over time. It analyzes how people around Peru's Cordillera Blanca mountain range grappled with climate‐induced glacial lake outburst floods and glacier avalanches, which killed approximately 25,000 people since 1941. As survivors grieved, they formed community organizations and demanded state programs to drain dangerous glacial lakes. Yet they rejected hazard zoning in their communities. Peruvian engineers working with miniscule budgets invented innovative strategies to drain dozens of unstable lakes that continue forming in the twenty first century. But hazard mitigation, disaster responses, and climate change adaptation were never just about engineering the Andes to protect vulnerable populations. Local urban and rural populations, engineers, hydroelectric developers, irrigators, tourists, and policymakers all perceived and responded to glacier retreat differently, based on their own view of an ideal Andean world. Disaster prevention projects involved debates about economic development, state authority, race relations, class divisions, cultural values, the evolution of science and technology studies, and shifting views of nature. Over time, the influx of new groups helped transform glaciated mountains into commodities to consume. Locals lost power in the process and today comprise just one among many stakeholders—and perhaps the least powerful. Climate change transformed a region, triggering catastrophes while simultaneously jumpstarting political and economic modernization processes. This book's historical perspective illuminates these trends that would be overlooked in any scientific projections about future climate scenarios.Less
Climate change is producing profound changes globally. This environmental history analysis offers a much needed but barely examined ground‐level study of human impacts and responses to climate change over time. It analyzes how people around Peru's Cordillera Blanca mountain range grappled with climate‐induced glacial lake outburst floods and glacier avalanches, which killed approximately 25,000 people since 1941. As survivors grieved, they formed community organizations and demanded state programs to drain dangerous glacial lakes. Yet they rejected hazard zoning in their communities. Peruvian engineers working with miniscule budgets invented innovative strategies to drain dozens of unstable lakes that continue forming in the twenty first century. But hazard mitigation, disaster responses, and climate change adaptation were never just about engineering the Andes to protect vulnerable populations. Local urban and rural populations, engineers, hydroelectric developers, irrigators, tourists, and policymakers all perceived and responded to glacier retreat differently, based on their own view of an ideal Andean world. Disaster prevention projects involved debates about economic development, state authority, race relations, class divisions, cultural values, the evolution of science and technology studies, and shifting views of nature. Over time, the influx of new groups helped transform glaciated mountains into commodities to consume. Locals lost power in the process and today comprise just one among many stakeholders—and perhaps the least powerful. Climate change transformed a region, triggering catastrophes while simultaneously jumpstarting political and economic modernization processes. This book's historical perspective illuminates these trends that would be overlooked in any scientific projections about future climate scenarios.
Mark Carey
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195396065
- eISBN:
- 9780199775682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195396065.003.0002
- Subject:
- History, Latin American History
This chapter analyzes the onset of Cordillera Blanca glacier disasters in 1941 through an examination of a glacial lake outburst flood that killed 5,000 people and destroyed one-third of the Ancash ...
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This chapter analyzes the onset of Cordillera Blanca glacier disasters in 1941 through an examination of a glacial lake outburst flood that killed 5,000 people and destroyed one-third of the Ancash capital city of Huaraz in the Callejón de Huaylas. In the aftermath, Peruvians scrambled not only to survive and rebuild but also to determine the cause of the flood. While hazard mitigation began right after the catastrophe, it progressed haphazardly during the 1940s. Just as the 1941 flood made urban residents in Huaraz intimately aware of the previously unrecognized melting glaciers over their city, the glacial lake disaster made Peruvians in Lima and elsewhere significantly more aware of the Andean mountains—both their peril and their possibilities. Local urban and rural residents, engineers, scientists, and government officials who began studying glacial lake hazards after 1941 all brought their own perspectives about glaciers, construing them simultaneously as hazards and resources.Less
This chapter analyzes the onset of Cordillera Blanca glacier disasters in 1941 through an examination of a glacial lake outburst flood that killed 5,000 people and destroyed one-third of the Ancash capital city of Huaraz in the Callejón de Huaylas. In the aftermath, Peruvians scrambled not only to survive and rebuild but also to determine the cause of the flood. While hazard mitigation began right after the catastrophe, it progressed haphazardly during the 1940s. Just as the 1941 flood made urban residents in Huaraz intimately aware of the previously unrecognized melting glaciers over their city, the glacial lake disaster made Peruvians in Lima and elsewhere significantly more aware of the Andean mountains—both their peril and their possibilities. Local urban and rural residents, engineers, scientists, and government officials who began studying glacial lake hazards after 1941 all brought their own perspectives about glaciers, construing them simultaneously as hazards and resources.
Mark Carey
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195396065
- eISBN:
- 9780199775682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195396065.003.0004
- Subject:
- History, Latin American History
In 1950, the Los Cedros glacial lake outburst flood destroyed the nearly constructed Cañón del Pato hydroelectric facility. President Manuel Odría responded by creating the Control Commission of ...
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In 1950, the Los Cedros glacial lake outburst flood destroyed the nearly constructed Cañón del Pato hydroelectric facility. President Manuel Odría responded by creating the Control Commission of Cordillera Blanca Lakes to prevent additional floods caused by climate change and glacier retreat in the Andes. The Lakes Commission achieved marked success in glacier science and glacial lake engineering during the 1950s and 60s, including a glacial lake inventory, lake classification system, and engineering projects to drain and dam glacial lakes. Government support for the Lakes Commission was often motivated by and facilitated coast-focused economic development initiatives through the Peruvian Santa Corporation rather than humanitarian concerns for vulnerable populations. These hazard mitigation programs ultimately made the state responsible for disaster prevention, and in the process facilitated nation building and gave the government more control over Andean space and resources, in part with local support because residents wanted to prevent floods.Less
In 1950, the Los Cedros glacial lake outburst flood destroyed the nearly constructed Cañón del Pato hydroelectric facility. President Manuel Odría responded by creating the Control Commission of Cordillera Blanca Lakes to prevent additional floods caused by climate change and glacier retreat in the Andes. The Lakes Commission achieved marked success in glacier science and glacial lake engineering during the 1950s and 60s, including a glacial lake inventory, lake classification system, and engineering projects to drain and dam glacial lakes. Government support for the Lakes Commission was often motivated by and facilitated coast-focused economic development initiatives through the Peruvian Santa Corporation rather than humanitarian concerns for vulnerable populations. These hazard mitigation programs ultimately made the state responsible for disaster prevention, and in the process facilitated nation building and gave the government more control over Andean space and resources, in part with local support because residents wanted to prevent floods.
Mark Carey
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195396065
- eISBN:
- 9780199775682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195396065.003.0009
- Subject:
- History, Latin American History
As glacier retreat threatens people worldwide, this study raises crucial concerns about the successes, failures, and issues that societies might face as they grapple with climate change and shrinking ...
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As glacier retreat threatens people worldwide, this study raises crucial concerns about the successes, failures, and issues that societies might face as they grapple with climate change and shrinking glaciers. This case of climate change adaptation and hazard mitigation in response to glacier disasters over seventy years yields several broadly applicable conclusions. Residents living close to glaciers or in glacially fed watersheds endured the highest cost of glacier retreat because they lost their lives, families, and communities. Disaster responses brought new historical actors—scientists, engineers, water developers, tourists, the nation state, and most recently, the World Bank—to a region where these groups previously had little knowledge about or control over. Each group brought its own ideas about how to define, manage, and utilize the glaciated landscape. Power dynamics among the groups influenced environmental management policies and whose vision for the Andes, its glaciers, and its water ultimately won out.Less
As glacier retreat threatens people worldwide, this study raises crucial concerns about the successes, failures, and issues that societies might face as they grapple with climate change and shrinking glaciers. This case of climate change adaptation and hazard mitigation in response to glacier disasters over seventy years yields several broadly applicable conclusions. Residents living close to glaciers or in glacially fed watersheds endured the highest cost of glacier retreat because they lost their lives, families, and communities. Disaster responses brought new historical actors—scientists, engineers, water developers, tourists, the nation state, and most recently, the World Bank—to a region where these groups previously had little knowledge about or control over. Each group brought its own ideas about how to define, manage, and utilize the glaciated landscape. Power dynamics among the groups influenced environmental management policies and whose vision for the Andes, its glaciers, and its water ultimately won out.
Ian Gough
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197264935
- eISBN:
- 9780191760365
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264935.003.0004
- Subject:
- Political Science, Political Economy
This chapter addresses some issues posed by climate change for thinking about public policy futures. It begins by summarising the scientific consensus and the case of climate change sceptics; the ...
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This chapter addresses some issues posed by climate change for thinking about public policy futures. It begins by summarising the scientific consensus and the case of climate change sceptics; the chapter also considers public opinion and the interests behind the ‘denial industry’. It then develops a framework for thinking about the policy impacts of climate change risks, and briefly summarises direct and indirect impacts. The rest of the chapter concentrates on the impact of climate change mitigation policies on public policy futures. It is argued that adequate and practicable responses cannot be generated within current policy frameworks. Current policies place too great an emphasis on economic incentives and fail to exploit the additional opportunities to reduce emissions through direct regulation or stronger leadership in cultural change.Less
This chapter addresses some issues posed by climate change for thinking about public policy futures. It begins by summarising the scientific consensus and the case of climate change sceptics; the chapter also considers public opinion and the interests behind the ‘denial industry’. It then develops a framework for thinking about the policy impacts of climate change risks, and briefly summarises direct and indirect impacts. The rest of the chapter concentrates on the impact of climate change mitigation policies on public policy futures. It is argued that adequate and practicable responses cannot be generated within current policy frameworks. Current policies place too great an emphasis on economic incentives and fail to exploit the additional opportunities to reduce emissions through direct regulation or stronger leadership in cultural change.
Douglas Husak
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199585038
- eISBN:
- 9780191723476
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585038.003.0014
- Subject:
- Law, Philosophy of Law
This chapter theorizes about partial defences — those that reduce the severity of punishment without precluding criminal liability altogether. Many but not all partial defences are partial ...
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This chapter theorizes about partial defences — those that reduce the severity of punishment without precluding criminal liability altogether. Many but not all partial defences are partial justifications or excuses which mitigate punishment by reducing the wrongfulness of conduct (in the case of partial justifications) or the blameworthiness of the agent (in the case of partial excuses). The chapter explores the relationship between partial and complete defences and tentatively supports a hypothesis according to which we should recognize a given partial defence if it has an analogue in a complete defence.Less
This chapter theorizes about partial defences — those that reduce the severity of punishment without precluding criminal liability altogether. Many but not all partial defences are partial justifications or excuses which mitigate punishment by reducing the wrongfulness of conduct (in the case of partial justifications) or the blameworthiness of the agent (in the case of partial excuses). The chapter explores the relationship between partial and complete defences and tentatively supports a hypothesis according to which we should recognize a given partial defence if it has an analogue in a complete defence.
Gregory White
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199794829
- eISBN:
- 9780199919284
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199794829.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter concludes the volume. It examines the challenges of incorporating CIM into international relations theory. Although the limitations and pitfalls of a security-minded approach are ...
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This chapter concludes the volume. It examines the challenges of incorporating CIM into international relations theory. Although the limitations and pitfalls of a security-minded approach are evident, the challenges of “desecuritizing” climate-induced migration are profound. Is it enough to merely point out the securitization? What then? Entrenched interests are keen on sustaining militarized borders, detention centers, and lucrative smuggling networks. Fences make good politics. Good business, too. Security measures bolster the profits of traffickers, which in turn justify further security measures. Moreover, the international community is not in a position to extend recognition to—or contend with the challenges posed by—climate refugees. It is difficult enough to protect “convention refugees,” the political refugees protected under the 1951 United Nations Convention Relating to the Status of Refugees. Nonetheless, this chapter examines the opportunities for enhanced cooperation, especially at the regional level. It seeks to contribute to efforts to steer the normative discourse away from security and toward a more nuanced and constructive approach to climate-induced migration, one that emphasizes improved governance and a focus on “development and climate” initiatives. Emphasizing that CIM is a real phenomenon, yet one that is not expected to induce a rush toward North Atlantic borders, the book concludes with a call for deeper efforts to mitigate GHG emissions; development policies that promote genuine sustainability; and a reduction in support for security initiatives and military expenditures by North Atlantic and transit states that do not address the challenges posed by climate change. This is a tall order. Nevertheless, it is preferable to a misguided security orientation. In the context of climate change, “adaptation” has long implied resigned acceptance and/or giving up on mitigation. Yet it need not be cast as acquiescence. Adaptation is a dynamic, innovative, and creative process that must be pursued.Less
This chapter concludes the volume. It examines the challenges of incorporating CIM into international relations theory. Although the limitations and pitfalls of a security-minded approach are evident, the challenges of “desecuritizing” climate-induced migration are profound. Is it enough to merely point out the securitization? What then? Entrenched interests are keen on sustaining militarized borders, detention centers, and lucrative smuggling networks. Fences make good politics. Good business, too. Security measures bolster the profits of traffickers, which in turn justify further security measures. Moreover, the international community is not in a position to extend recognition to—or contend with the challenges posed by—climate refugees. It is difficult enough to protect “convention refugees,” the political refugees protected under the 1951 United Nations Convention Relating to the Status of Refugees. Nonetheless, this chapter examines the opportunities for enhanced cooperation, especially at the regional level. It seeks to contribute to efforts to steer the normative discourse away from security and toward a more nuanced and constructive approach to climate-induced migration, one that emphasizes improved governance and a focus on “development and climate” initiatives. Emphasizing that CIM is a real phenomenon, yet one that is not expected to induce a rush toward North Atlantic borders, the book concludes with a call for deeper efforts to mitigate GHG emissions; development policies that promote genuine sustainability; and a reduction in support for security initiatives and military expenditures by North Atlantic and transit states that do not address the challenges posed by climate change. This is a tall order. Nevertheless, it is preferable to a misguided security orientation. In the context of climate change, “adaptation” has long implied resigned acceptance and/or giving up on mitigation. Yet it need not be cast as acquiescence. Adaptation is a dynamic, innovative, and creative process that must be pursued.
Richard W. Miller
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199581986
- eISBN:
- 9780191723247
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199581986.003.0005
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Mind
Coping with harmful side‐effects of legitimate activities is a central aspect of moral responsibility in global interactions, epitomized in containment of climate harms due to greenhouse gas ...
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Coping with harmful side‐effects of legitimate activities is a central aspect of moral responsibility in global interactions, epitomized in containment of climate harms due to greenhouse gas emissions. This chapter argues that ordinary values of trust and trusteeship that guide compatriots' responses to their interactions also make a model of fair teamwork the fundamental moral guide to coping with the process of global warming. Accounting for what is valid in demands for special concern for the poor, compensation for pollution and equal per capita emissions rights, this approach favors the regime with the impartially preferable allocation of climate burdens: burdens from unmitigated climate harms and from reduced economic opportunities due either to reduced emissions or to reduced access to the global atmospheric sink. The resulting standard of equity puts the brunt of emissions reductions on developed countries. The resulting standard of adequacy requires severe emissions cuts, posing significant risks of economic loss, to guard against risks of climate catastrophe.Less
Coping with harmful side‐effects of legitimate activities is a central aspect of moral responsibility in global interactions, epitomized in containment of climate harms due to greenhouse gas emissions. This chapter argues that ordinary values of trust and trusteeship that guide compatriots' responses to their interactions also make a model of fair teamwork the fundamental moral guide to coping with the process of global warming. Accounting for what is valid in demands for special concern for the poor, compensation for pollution and equal per capita emissions rights, this approach favors the regime with the impartially preferable allocation of climate burdens: burdens from unmitigated climate harms and from reduced economic opportunities due either to reduced emissions or to reduced access to the global atmospheric sink. The resulting standard of equity puts the brunt of emissions reductions on developed countries. The resulting standard of adequacy requires severe emissions cuts, posing significant risks of economic loss, to guard against risks of climate catastrophe.
Krey Matthias and Santen Heike
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199565931
- eISBN:
- 9780191722028
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565931.003.0011
- Subject:
- Law, Environmental and Energy Law, Private International Law
This chapter highlights some of the main reasons for uncertainty regarding the Clean Development Mechanism's (CDM) project performance, to assess the complaints brought forward, and to summarize ...
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This chapter highlights some of the main reasons for uncertainty regarding the Clean Development Mechanism's (CDM) project performance, to assess the complaints brought forward, and to summarize briefly the proposals for reform that have been made up till late 2008. It also discusses whether the Conference of the Parties to the UNFCCC serving as the Meeting of the Parties to the Kyoto Protocol (COP/MOP) has lived up to the expectations of the private sector stakeholders in CDM projects and what still remains to be done. The first section describes the overarching principles of CDM rule-making and how it impacts on CDM project development. The second section focuses on the situation in which project developers as well as Certified Emission Reduction (CER) buyers find themselves when they need to predict if, when, and how many CERs a project will deliver in the future. The third section describes typical reasons for the uncertainty that surrounds the CDM potential of a proposed greenhouse gas (GHG) mitigation project at an early stage of project development, e.g. at Project Identification Note Stage (PIN). The fourth section exemplifies the challenges of determining the CDM potential of a project that has been submitted for validation with a corresponding Project Design Document (PDD). The fifth section looks at reasons for the uncertainty surrounding the issuance of CERs after there has been CDM registration of a project. Finally, overviews on proposals for reform and the decisions made by the COP/MOP in December 2008 designed to improve CDM performance are provided.Less
This chapter highlights some of the main reasons for uncertainty regarding the Clean Development Mechanism's (CDM) project performance, to assess the complaints brought forward, and to summarize briefly the proposals for reform that have been made up till late 2008. It also discusses whether the Conference of the Parties to the UNFCCC serving as the Meeting of the Parties to the Kyoto Protocol (COP/MOP) has lived up to the expectations of the private sector stakeholders in CDM projects and what still remains to be done. The first section describes the overarching principles of CDM rule-making and how it impacts on CDM project development. The second section focuses on the situation in which project developers as well as Certified Emission Reduction (CER) buyers find themselves when they need to predict if, when, and how many CERs a project will deliver in the future. The third section describes typical reasons for the uncertainty that surrounds the CDM potential of a proposed greenhouse gas (GHG) mitigation project at an early stage of project development, e.g. at Project Identification Note Stage (PIN). The fourth section exemplifies the challenges of determining the CDM potential of a project that has been submitted for validation with a corresponding Project Design Document (PDD). The fifth section looks at reasons for the uncertainty surrounding the issuance of CERs after there has been CDM registration of a project. Finally, overviews on proposals for reform and the decisions made by the COP/MOP in December 2008 designed to improve CDM performance are provided.
Jose B. Ashford and Melissa Kupferberg
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780195329469
- eISBN:
- 9780199367603
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329469.001.0001
- Subject:
- Social Work, Crime and Justice
This book provides an introduction to socio-legal forms of mitigation in capital sentencing. It examines scientific formulations, concepts, and frameworks for structuring social history ...
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This book provides an introduction to socio-legal forms of mitigation in capital sentencing. It examines scientific formulations, concepts, and frameworks for structuring social history investigations and assessments of moral culpability. A fundamental aim of this book is to provide mitigation professionals not only with an understanding of the context of mitigation in criminal justice thinking, but also ways of contextualizing issues of blame and culpability. Cases are used to illustrate how to identify, evaluate, and present mitigation evidence in assessing issues of culpability in the mitigation of punishment in death penalty cases. It also exposes mitigation professionals to recent developments in the social sciences with implications for assessing issues of practical rationality, diminished volition, unfortunate forms of socialization, criminal propensities, socio-cultural deprivation, and gang involvement. These topics are linked with legal and philosophical conceptions of moral culpability that offer mitigation professionals new ways of thinking about both proximal and remote forms of mitigation. These socially oriented lenses, used in examining these concepts and legal issues, offer alternative ways of thinking about issues of capacity, choice, and character in assessing diminished forms of moral culpability. The book concludes with recommendations for future research and other strategies for promoting the improvement of practice in the field of capital mitigation.Less
This book provides an introduction to socio-legal forms of mitigation in capital sentencing. It examines scientific formulations, concepts, and frameworks for structuring social history investigations and assessments of moral culpability. A fundamental aim of this book is to provide mitigation professionals not only with an understanding of the context of mitigation in criminal justice thinking, but also ways of contextualizing issues of blame and culpability. Cases are used to illustrate how to identify, evaluate, and present mitigation evidence in assessing issues of culpability in the mitigation of punishment in death penalty cases. It also exposes mitigation professionals to recent developments in the social sciences with implications for assessing issues of practical rationality, diminished volition, unfortunate forms of socialization, criminal propensities, socio-cultural deprivation, and gang involvement. These topics are linked with legal and philosophical conceptions of moral culpability that offer mitigation professionals new ways of thinking about both proximal and remote forms of mitigation. These socially oriented lenses, used in examining these concepts and legal issues, offer alternative ways of thinking about issues of capacity, choice, and character in assessing diminished forms of moral culpability. The book concludes with recommendations for future research and other strategies for promoting the improvement of practice in the field of capital mitigation.
Christopher Dow
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199241231
- eISBN:
- 9780191596179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199241236.003.0012
- Subject:
- Economics and Finance, Macro- and Monetary Economics
Previous chapters of this book have sought to explain why the major recessions of the twentieth century occurred; this chapter tries to answer the question of whether recurrent major recessions are ...
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Previous chapters of this book have sought to explain why the major recessions of the twentieth century occurred; this chapter tries to answer the question of whether recurrent major recessions are inevitable, or whether there are steps that governments (or central banks) can take to avoid or mitigate them. The questions involved extend beyond those dealt with earlier, and raise not only the disputable issues of economic theory but also many new ones, including broadly political questions. Section 12.1 deals with background issues, attributing a degree of effectiveness to policy, and recapitulating this and other respects in which the author's view differs from a neoclassical view; the general limits to state action are then discussed, and finally a view is set out about inflation. Section 12.2 deals with general questions about the instruments of economic policy; despite the waves of deconstruction that are generally taken to have destroyed the intellectual foundations for a Keynesian fiscal policy, the author sees a theoretical case for it––along with severe practical limits that stem from the reactions of financial markets to government borrowing; the section goes on to discuss the effect and role of monetary policy. Section 12.3 turns to practical possibilities, and considers the kind of action that, despite the above constraints presented, ought to be possible; Sect. 12.4 then assesses the likelihood that governments will avoid or minimize major recessions in the future.Less
Previous chapters of this book have sought to explain why the major recessions of the twentieth century occurred; this chapter tries to answer the question of whether recurrent major recessions are inevitable, or whether there are steps that governments (or central banks) can take to avoid or mitigate them. The questions involved extend beyond those dealt with earlier, and raise not only the disputable issues of economic theory but also many new ones, including broadly political questions. Section 12.1 deals with background issues, attributing a degree of effectiveness to policy, and recapitulating this and other respects in which the author's view differs from a neoclassical view; the general limits to state action are then discussed, and finally a view is set out about inflation. Section 12.2 deals with general questions about the instruments of economic policy; despite the waves of deconstruction that are generally taken to have destroyed the intellectual foundations for a Keynesian fiscal policy, the author sees a theoretical case for it––along with severe practical limits that stem from the reactions of financial markets to government borrowing; the section goes on to discuss the effect and role of monetary policy. Section 12.3 turns to practical possibilities, and considers the kind of action that, despite the above constraints presented, ought to be possible; Sect. 12.4 then assesses the likelihood that governments will avoid or minimize major recessions in the future.
David DeMatteo, Daniel C. Murrie, Natalie M. Anumba, and Michael E. Keesler
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195385809
- eISBN:
- 9780199895311
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195385809.003.0024
- Subject:
- Psychology, Forensic Psychology
The United States Supreme Court has consistently conveyed that the death penalty must be an individualized determination, and therefore the defendant has a right to present any information that might ...
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The United States Supreme Court has consistently conveyed that the death penalty must be an individualized determination, and therefore the defendant has a right to present any information that might be perceived as mitigating (Lockett v. Ohio, 1978). Thus forensic mental health professionals often conduct evaluations of mitigation at capital sentencing. This chapter describes the legal context and practicalities of mitigation evaluations, which tend to be more broad and comprehensive than any other forensic mental health assessment. The chapter details the knowledge base most relevant to mitigation evaluations, the roles mental health professionals can play in mitigation, and practical guidance to perform an evaluation of mitigation at capital sentencing.Less
The United States Supreme Court has consistently conveyed that the death penalty must be an individualized determination, and therefore the defendant has a right to present any information that might be perceived as mitigating (Lockett v. Ohio, 1978). Thus forensic mental health professionals often conduct evaluations of mitigation at capital sentencing. This chapter describes the legal context and practicalities of mitigation evaluations, which tend to be more broad and comprehensive than any other forensic mental health assessment. The chapter details the knowledge base most relevant to mitigation evaluations, the roles mental health professionals can play in mitigation, and practical guidance to perform an evaluation of mitigation at capital sentencing.
Thomas Kern and Leslie P. Willcocks
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199241927
- eISBN:
- 9780191696985
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241927.003.0002
- Subject:
- Business and Management, Information Technology
Over the last decade the growth in significance and in the size of outsourcing deals has resulted in rising concern with the actual management of outsourcing arrangements, in particular with the twin ...
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Over the last decade the growth in significance and in the size of outsourcing deals has resulted in rising concern with the actual management of outsourcing arrangements, in particular with the twin issues of risk mitigation and relationship management. This chapter develops a risk analysis framework for helping to understand and analyse the critical components of client-supplier relationships. It shows that the juxtaposition of these two subjects — risks and relationships — is far from coincidental. Risk and relationships in IT outsourcing are undermanaged and understudied, and previous studies have never systematically linked the two issues. However, the case studies provide convincing evidence that managing the relationship dimension has also proven to be a major contributor to risk mitigation.Less
Over the last decade the growth in significance and in the size of outsourcing deals has resulted in rising concern with the actual management of outsourcing arrangements, in particular with the twin issues of risk mitigation and relationship management. This chapter develops a risk analysis framework for helping to understand and analyse the critical components of client-supplier relationships. It shows that the juxtaposition of these two subjects — risks and relationships — is far from coincidental. Risk and relationships in IT outsourcing are undermanaged and understudied, and previous studies have never systematically linked the two issues. However, the case studies provide convincing evidence that managing the relationship dimension has also proven to be a major contributor to risk mitigation.
