Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.001.0001
- Subject:
- Law, Public International Law, EU Law
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ...
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This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines. Less
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines.
Jeff McMahan
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199548668
- eISBN:
- 9780191721045
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199548668.001.0001
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Language
Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more ...
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Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? This book argues that conditions in war make no difference to what morality permits and that the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. It implies, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause, that those who fight in a just war are not legitimate targets of attack, and that some civilians may, in principle if not in practice, be morally liable to suffer certain harms in war.Less
Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? This book argues that conditions in war make no difference to what morality permits and that the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. It implies, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause, that those who fight in a just war are not legitimate targets of attack, and that some civilians may, in principle if not in practice, be morally liable to suffer certain harms in war.
Phil Syrpis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199277209
- eISBN:
- 9780191707445
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199277209.001.0001
- Subject:
- Law, EU Law, Employment Law
This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues ...
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This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist, economic, and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and demonstrates that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU. The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of the shifts in policy-making technique. The intention is to provide a framework to enable the reader to think about the role that the EU has, and should, play in this field.Less
This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist, economic, and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and demonstrates that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU. The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of the shifts in policy-making technique. The intention is to provide a framework to enable the reader to think about the role that the EU has, and should, play in this field.
Arend Lijphart
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198273479
- eISBN:
- 9780191684050
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198273479.001.0001
- Subject:
- Political Science, Comparative Politics
An electoral system is the most fundamental element of representative democracy, translating citizen's votes into representatives' seats. It is also the most potent practical instrument available to ...
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An electoral system is the most fundamental element of representative democracy, translating citizen's votes into representatives' seats. It is also the most potent practical instrument available to democratic reformers. This book describes and classifies the seventy electoral systems used by twenty-seven democracies — including those of Western Europe, Australia, Canada, the USA, Costa Rica, India, Israel, Japan, and New Zealand — for 384 national legislative and European Parliament elections between 1945 and 1990. Using comparative and statistical analyses of these systems, the author demonstrates the effect of the electoral formula used, the number of representatives elected per district, electoral thresholds, and of five other key features of electoral systems on the proportionality of the election outcome, the degree of multipartism, and the creation of majority parties. The author reveals that electoral systems are neither as diverse nor as complex as is often assumed. This book represents the most definitive treatment of the subject since Rae's classic study in 1967, based as it is on more accurate and comprehensive data (covering more countries and a longer timespan), and using stronger hypotheses and better analytical methods.Less
An electoral system is the most fundamental element of representative democracy, translating citizen's votes into representatives' seats. It is also the most potent practical instrument available to democratic reformers. This book describes and classifies the seventy electoral systems used by twenty-seven democracies — including those of Western Europe, Australia, Canada, the USA, Costa Rica, India, Israel, Japan, and New Zealand — for 384 national legislative and European Parliament elections between 1945 and 1990. Using comparative and statistical analyses of these systems, the author demonstrates the effect of the electoral formula used, the number of representatives elected per district, electoral thresholds, and of five other key features of electoral systems on the proportionality of the election outcome, the degree of multipartism, and the creation of majority parties. The author reveals that electoral systems are neither as diverse nor as complex as is often assumed. This book represents the most definitive treatment of the subject since Rae's classic study in 1967, based as it is on more accurate and comprehensive data (covering more countries and a longer timespan), and using stronger hypotheses and better analytical methods.
John McGarry and Brendan O'Leary
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199266579
- eISBN:
- 9780191601446
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199266573.003.0009
- Subject:
- Political Science, UK Politics
The chapter provides a comprehensive constitutional and political evaluation of the Agreement of 1998. It explains that the Agreement is consistent with the four central pillars of consociational ...
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The chapter provides a comprehensive constitutional and political evaluation of the Agreement of 1998. It explains that the Agreement is consistent with the four central pillars of consociational democracy, but it also addressed the self-determination dispute at the heart of the conflict through a number of complex federal and confederal elements, involving both parts of Ireland, and Ireland and Great Britain. The chapter has an appendix which explains the d'Hondt formula used for executive appointment.Less
The chapter provides a comprehensive constitutional and political evaluation of the Agreement of 1998. It explains that the Agreement is consistent with the four central pillars of consociational democracy, but it also addressed the self-determination dispute at the heart of the conflict through a number of complex federal and confederal elements, involving both parts of Ireland, and Ireland and Great Britain. The chapter has an appendix which explains the d'Hondt formula used for executive appointment.
David Pugmire
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780199276899
- eISBN:
- 9780191602689
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199276897.003.0010
- Subject:
- Philosophy, Philosophy of Mind
Residual issues—emotions need a kind of simplicity, but this is compatible with subtlety. Generally, what is the point of scrutinising the losses of integrity to which emotions are various ...
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Residual issues—emotions need a kind of simplicity, but this is compatible with subtlety. Generally, what is the point of scrutinising the losses of integrity to which emotions are various susceptible? Isn’t this over-sophisticated, and shouldn’t feeling good not be enough? The answer is no: the costs of emotion’s foibles are themselves emotional.Less
Residual issues—emotions need a kind of simplicity, but this is compatible with subtlety. Generally, what is the point of scrutinising the losses of integrity to which emotions are various susceptible? Isn’t this over-sophisticated, and shouldn’t feeling good not be enough? The answer is no: the costs of emotion’s foibles are themselves emotional.
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/9780199217373.003.0003
- Subject:
- Political Science, Political Theory
This chapter shows that the jus ad bellum criterion of just cause includes others, apart from right intention, as underlying facets: the legitimacy of the cause cannot be clarified independently of ...
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This chapter shows that the jus ad bellum criterion of just cause includes others, apart from right intention, as underlying facets: the legitimacy of the cause cannot be clarified independently of these other criteria. The criterion of right intention is interpreted in a significantly more tolerant way than it traditionally has been. Liberalism is not concerned with purity of heart but with respect for people's rights. Therefore, it cannot exclude going to war for selfish (for example, imperialist or sadistic) reasons, at least not as long as this is coupled with the intention of not exploiting the war more than the pursuit of the just cause, by just means, would allow.Less
This chapter shows that the jus ad bellum criterion of just cause includes others, apart from right intention, as underlying facets: the legitimacy of the cause cannot be clarified independently of these other criteria. The criterion of right intention is interpreted in a significantly more tolerant way than it traditionally has been. Liberalism is not concerned with purity of heart but with respect for people's rights. Therefore, it cannot exclude going to war for selfish (for example, imperialist or sadistic) reasons, at least not as long as this is coupled with the intention of not exploiting the war more than the pursuit of the just cause, by just means, would allow.
John McGarry and Brendan O'Leary
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199266579
- eISBN:
- 9780191601446
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199266573.003.0012
- Subject:
- Political Science, UK Politics
The chapter addresses a fundamental aspect of Northern Ireland's Agreement: the need to institutionalise rights protections. While a Bill of Rights should uphold traditional liberal norms of freedom ...
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The chapter addresses a fundamental aspect of Northern Ireland's Agreement: the need to institutionalise rights protections. While a Bill of Rights should uphold traditional liberal norms of freedom and individual equality, an appropriately designed Bill also needs to entrench the basic political compromise at the heart of the Agreement. It should protect (or at least not endanger) the principles of inclusive power-sharing; proportionality; community self-government; the equality of groups; and community veto rights. It should also uphold the right of the current national minority and any future minority to meaningful cross-border arrangements, making explicit the ‘double protection model’ implicit in the Agreement.Less
The chapter addresses a fundamental aspect of Northern Ireland's Agreement: the need to institutionalise rights protections. While a Bill of Rights should uphold traditional liberal norms of freedom and individual equality, an appropriately designed Bill also needs to entrench the basic political compromise at the heart of the Agreement. It should protect (or at least not endanger) the principles of inclusive power-sharing; proportionality; community self-government; the equality of groups; and community veto rights. It should also uphold the right of the current national minority and any future minority to meaningful cross-border arrangements, making explicit the ‘double protection model’ implicit in the Agreement.
Nicholas Morris*
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0006
- Subject:
- Political Science, International Relations and Politics
Assesses the success of the two humanitarian interventions in the Balkans – Bosnia in 1995 and Kosovo in 1999 – from the perspective of humanitarian organizations. It argues how, ironically, the ...
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Assesses the success of the two humanitarian interventions in the Balkans – Bosnia in 1995 and Kosovo in 1999 – from the perspective of humanitarian organizations. It argues how, ironically, the effectiveness of organizations such as UNHCR can dissuade powerful states from taking the necessary steps to address the root causes of massive human rights violations. Slow and ambiguous action from the international community can raise false expectations on the part of suffering civilians, and embolden those who commit atrocities. The author argues that the political, military, and humanitarian strands of interventions are always closely interwoven, and draws a series of lessons from the Balkans experience: the need for the international community to act early, credibly, and consistently; the importance of preserving the identity of a humanitarian operation; the imperative to end the impunity of those who orchestrate and commit massive violations of human rights; and the importance of engaging the United Nations.Less
Assesses the success of the two humanitarian interventions in the Balkans – Bosnia in 1995 and Kosovo in 1999 – from the perspective of humanitarian organizations. It argues how, ironically, the effectiveness of organizations such as UNHCR can dissuade powerful states from taking the necessary steps to address the root causes of massive human rights violations. Slow and ambiguous action from the international community can raise false expectations on the part of suffering civilians, and embolden those who commit atrocities. The author argues that the political, military, and humanitarian strands of interventions are always closely interwoven, and draws a series of lessons from the Balkans experience: the need for the international community to act early, credibly, and consistently; the importance of preserving the identity of a humanitarian operation; the imperative to end the impunity of those who orchestrate and commit massive violations of human rights; and the importance of engaging the United Nations.
Matthew Flinders
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199271603
- eISBN:
- 9780191709241
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271603.003.0006
- Subject:
- Political Science, UK Politics, Political Economy
This chapter challenges the dominant view that public bodies are unaccountable, and instead seeks to cultivate a more sophisticated frame of analysis which is aware of and sympathetic to different ...
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This chapter challenges the dominant view that public bodies are unaccountable, and instead seeks to cultivate a more sophisticated frame of analysis which is aware of and sympathetic to different forms and gradations of accountability as well as different forms of scrutiny.Less
This chapter challenges the dominant view that public bodies are unaccountable, and instead seeks to cultivate a more sophisticated frame of analysis which is aware of and sympathetic to different forms and gradations of accountability as well as different forms of scrutiny.
Matthew Flinders and Matthew Denton
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199271603
- eISBN:
- 9780191709241
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271603.003.0007
- Subject:
- Political Science, UK Politics, Political Economy
This chapter focuses on the issue of public appointments and patronage. Contrary to media suggestions and the public's perception, research suggests that the sphere of delegated governance is no ...
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This chapter focuses on the issue of public appointments and patronage. Contrary to media suggestions and the public's perception, research suggests that the sphere of delegated governance is no longer a patronage resource for ministers, or that it is replete with financially lucrative and under-demanding positions. In fact, research reveals a gradual but very clear ‘shrinking reach’ in terms of the breadth and nature of ministerial appointment capacity.Less
This chapter focuses on the issue of public appointments and patronage. Contrary to media suggestions and the public's perception, research suggests that the sphere of delegated governance is no longer a patronage resource for ministers, or that it is replete with financially lucrative and under-demanding positions. In fact, research reveals a gradual but very clear ‘shrinking reach’ in terms of the breadth and nature of ministerial appointment capacity.
Matthew Søberg Shugart
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199257560
- eISBN:
- 9780191603280
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257566.003.0002
- Subject:
- Political Science, Comparative Politics
A comprehensive review of the literature on electoral systems establishes the progress made in the field in recent years. This area of political science research can now be regarded as a mature ...
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A comprehensive review of the literature on electoral systems establishes the progress made in the field in recent years. This area of political science research can now be regarded as a mature field. Questions concerning the relationships between electoral systems, proportionality, and the number of political parties in a party system (often summed up in terms of Duverger’s Law, or variants thereof) can now be regarded as largely settled. Important questions for future research include the intraparty dimension of electoral systems, and the origins of electoral systems.Less
A comprehensive review of the literature on electoral systems establishes the progress made in the field in recent years. This area of political science research can now be regarded as a mature field. Questions concerning the relationships between electoral systems, proportionality, and the number of political parties in a party system (often summed up in terms of Duverger’s Law, or variants thereof) can now be regarded as largely settled. Important questions for future research include the intraparty dimension of electoral systems, and the origins of electoral systems.
Wolfgang C. Müller
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199257560
- eISBN:
- 9780191603280
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257566.003.0019
- Subject:
- Political Science, Comparative Politics
Austria has a complex list PR system in which seats are distributed at three levels: regional, land, and national. At the regional and land levels, electors can either vote for a party in general or ...
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Austria has a complex list PR system in which seats are distributed at three levels: regional, land, and national. At the regional and land levels, electors can either vote for a party in general or select one of its candidates. If specific candidates receive sufficient preference votes, they are moved to the top of their party list. The system is highly proportional because all votes are used again in the third national tier of seat allocation. The system aims to combine overall proportionality with close voter-MP links provided by the first tier.Less
Austria has a complex list PR system in which seats are distributed at three levels: regional, land, and national. At the regional and land levels, electors can either vote for a party in general or select one of its candidates. If specific candidates receive sufficient preference votes, they are moved to the top of their party list. The system is highly proportional because all votes are used again in the third national tier of seat allocation. The system aims to combine overall proportionality with close voter-MP links provided by the first tier.
Jørgen Elklit
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199257560
- eISBN:
- 9780191603280
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257566.003.0022
- Subject:
- Political Science, Comparative Politics
Denmark has a very inclusive electoral system, combining high proportionality, low thresholds, and meaningful voter choice among candidates. Its multi-party system results in coalition governments, ...
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Denmark has a very inclusive electoral system, combining high proportionality, low thresholds, and meaningful voter choice among candidates. Its multi-party system results in coalition governments, many of them minority governments. Parliament is more representative socio-demographically of the population than most of its counterparts in other countries, with women forming a high percentage of MPs. The current system is widely regarded as working well, and there are few pressures for electoral reform.Less
Denmark has a very inclusive electoral system, combining high proportionality, low thresholds, and meaningful voter choice among candidates. Its multi-party system results in coalition governments, many of them minority governments. Parliament is more representative socio-demographically of the population than most of its counterparts in other countries, with women forming a high percentage of MPs. The current system is widely regarded as working well, and there are few pressures for electoral reform.
Rudy B. Andeweg
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199257560
- eISBN:
- 9780191603280
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257566.003.0024
- Subject:
- Political Science, Comparative Politics
Under the Dutch electoral system, voters can only express a choice for an individual candidate, and these votes are treated as a choice for a particular party. The parties do not encourage preference ...
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Under the Dutch electoral system, voters can only express a choice for an individual candidate, and these votes are treated as a choice for a particular party. The parties do not encourage preference voting, and the preference votes have only a small impact on the original list ordering of the parties. The Netherlands has a large, open-party system with very low barriers to entry. Electoral reform has been on the agenda for many years, with some form of a mixed-member proportional system being the most likely alternative. However, no fundamental reform has been implemented.Less
Under the Dutch electoral system, voters can only express a choice for an individual candidate, and these votes are treated as a choice for a particular party. The parties do not encourage preference voting, and the preference votes have only a small impact on the original list ordering of the parties. The Netherlands has a large, open-party system with very low barriers to entry. Electoral reform has been on the agenda for many years, with some form of a mixed-member proportional system being the most likely alternative. However, no fundamental reform has been implemented.
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.
Philippe Van Parijs
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198293576
- eISBN:
- 9780191600074
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293577.003.0006
- Subject:
- Political Science, Political Theory
By providing a modest income even to those who do not want to work, is one not institutionalizing the exploitation of hard workers by free riders? There would definitely be ‘Lockean exploitation’, ...
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By providing a modest income even to those who do not want to work, is one not institutionalizing the exploitation of hard workers by free riders? There would definitely be ‘Lockean exploitation’, and hence violation of the ‘Creators Keepers’ principle, and there would be ‘Lutheran exploitation’ and hence lack of proportionality between effort and reward. But neither of these conceptions of exploitation makes normative sense. By contrast, ‘Roemerian exploitation’, or asset‐based inequality, does make normative sense. But it does not endorse an ethical indictment of an unconditional income. Quite the contrary.Less
By providing a modest income even to those who do not want to work, is one not institutionalizing the exploitation of hard workers by free riders? There would definitely be ‘Lockean exploitation’, and hence violation of the ‘Creators Keepers’ principle, and there would be ‘Lutheran exploitation’ and hence lack of proportionality between effort and reward. But neither of these conceptions of exploitation makes normative sense. By contrast, ‘Roemerian exploitation’, or asset‐based inequality, does make normative sense. But it does not endorse an ethical indictment of an unconditional income. Quite the contrary.
Andrew Legg
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199650453
- eISBN:
- 9780191741173
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199650453.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is ...
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The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can Lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the European Court of Human Rights system. It provides a comprehensive justification of the doctrine, and catalogues the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.Less
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can Lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the European Court of Human Rights system. It provides a comprehensive justification of the doctrine, and catalogues the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Michelle P. Egan
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244058
- eISBN:
- 9780191599132
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244057.003.0005
- Subject:
- Political Science, European Union
Focuses on the role of European case law in fostering an integrated market. Through a series of landmark cases, including Cassis De Dijon, Dassonville, and Keck, the European Court of Justice has ...
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Focuses on the role of European case law in fostering an integrated market. Through a series of landmark cases, including Cassis De Dijon, Dassonville, and Keck, the European Court of Justice has supported trade and commerce in determining whether national legislation is protectionist or serves a legitimate function in promoting health, safety, and other public policy objectives. Analogies with the US are also discussed, particularly in promoting interstate commerce by addressing trade discrimination, and in developing legal principles to balance sovereign state powers with the need for integrated markets. The central argument is that a common framework of market rules has been pursued within a setting of well‐defined legal and judicial mechanisms, which have also provided mechanisms of enforcement and compliance with treaty goals. Of central importance is that legal reasoning shifted the focus of market integration from harmonization to mutual recognition as a key trade strategy to integrate markets. The role of law has been critical in sustaining a market economy, and case law shapes both states and markets, determining the constitutional limits to state intervention in markets and the level of government at which regulation is most appropriate and legitimate through legal mechanisms of non‐discrimination, balancing standards, and proportionality.Less
Focuses on the role of European case law in fostering an integrated market. Through a series of landmark cases, including Cassis De Dijon, Dassonville, and Keck, the European Court of Justice has supported trade and commerce in determining whether national legislation is protectionist or serves a legitimate function in promoting health, safety, and other public policy objectives. Analogies with the US are also discussed, particularly in promoting interstate commerce by addressing trade discrimination, and in developing legal principles to balance sovereign state powers with the need for integrated markets. The central argument is that a common framework of market rules has been pursued within a setting of well‐defined legal and judicial mechanisms, which have also provided mechanisms of enforcement and compliance with treaty goals. Of central importance is that legal reasoning shifted the focus of market integration from harmonization to mutual recognition as a key trade strategy to integrate markets. The role of law has been critical in sustaining a market economy, and case law shapes both states and markets, determining the constitutional limits to state intervention in markets and the level of government at which regulation is most appropriate and legitimate through legal mechanisms of non‐discrimination, balancing standards, and proportionality.
Kalypso Nicolaidis
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199245000
- eISBN:
- 9780191599996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199245002.003.0019
- Subject:
- Political Science, European Union
Fleshes out some of the common horizontal themes emerging from the book, and presents the broad elements of federal vision that have been discussed. The vision calls for five concurrent shifts in ...
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Fleshes out some of the common horizontal themes emerging from the book, and presents the broad elements of federal vision that have been discussed. The vision calls for five concurrent shifts in understanding what matters about federal contracts, each central to fashioning a ‘federal’ response to the challenge of legitimacy. In particular, it is suggested how the notion of ‘subsidiarity’ as commonly understood—that political decisions should be made and policies conducted at the lowest, or most appropriate, level—should be fine‐tuned, reinterpreted, or even relabelled. The five shifts that are discussed in the different sections of the conclusion are: from allocative outcomes to the process of change—legitimacy and flexibility; from distributed to shared competences—networked cooperation, proportionality, and changing forms of governance; from separation of powers to power checks—governance structures, procedural subsidiarity, and the safeguards of federalism; from power containment to empowerment—proactive subsidiarity, managed competition, and mutuality; and from multi‐level (hierarchical) to multi‐centred governance and horizontal subsidiarity. The concluding section looks towards a model of global subsidiarity.Less
Fleshes out some of the common horizontal themes emerging from the book, and presents the broad elements of federal vision that have been discussed. The vision calls for five concurrent shifts in understanding what matters about federal contracts, each central to fashioning a ‘federal’ response to the challenge of legitimacy. In particular, it is suggested how the notion of ‘subsidiarity’ as commonly understood—that political decisions should be made and policies conducted at the lowest, or most appropriate, level—should be fine‐tuned, reinterpreted, or even relabelled. The five shifts that are discussed in the different sections of the conclusion are: from allocative outcomes to the process of change—legitimacy and flexibility; from distributed to shared competences—networked cooperation, proportionality, and changing forms of governance; from separation of powers to power checks—governance structures, procedural subsidiarity, and the safeguards of federalism; from power containment to empowerment—proactive subsidiarity, managed competition, and mutuality; and from multi‐level (hierarchical) to multi‐centred governance and horizontal subsidiarity. The concluding section looks towards a model of global subsidiarity.
