bluuebunny/crossref_metadata_2025 huggingface dataset:
Causation, Sentience, and Life
Authors: Boyle Deborah
Published: December 2022

This chapter examines the final two chapters of Shepherd’s essay on causation, where she considers the ramifications of a Humean theory of causation for scientific investigation by focusing on the theories of life and sentience espoused by London surgeon William Lawrence. After providing a survey of Lawrence’s immanentist accounts of sentience and life, the chapter explores Shepherd’s objections to Lawrence’s account of necessary connections as well as her specific objections to his accounts of sensation and life. The chapter ends with a sketch of Shepherd’s own account of what it means to say a creature is living—namely, that life is a general capacity or power that, when combined with other factors, causes a body to have specific types of environment-resisting motions.
Easing Down the Road
Authors: Bunch Ryan
Published: December 2022

The Broadway musical The Wiz (1975) and its film adaptation (1978) rework The Wizard of Oz to make an African American claim on the American fairy tale through Black performance traditions. The concept of soul and the language of soul music are integral to this adaptation, in which home is a feeling more than a place. It allegorizes Black migration and performance while celebrating Black culture. Dorothy, a Black iteration of an icon of American girlhood, learns to perform soulfully on her journey through Oz, joining the family and community of Black people she finds there. Intersecting performances of race, gender, sexuality, and age lend authority to a concept of home as self-knowledge. The Wiz is an important musical for Black audiences and performers, making a political statement about Black joy and excellence.
Economic Growth, Rising Inequality, and Deindustrialization
Authors: Bhorat Haroon , Lilenstein Kezia , Oosthuizen Morné , Steenkamp François , Thornton Amy
Published: December 2022

South Africa provides an interesting case for contextualizing the ‘developer’s dilemma’. While the South African economy enjoyed growth-enhancing structural transformation and had shifted from being ‘structurally underdeveloped’ to ‘structurally developing’ by the 1980s, the post-apartheid shift toward services—or tertiarization—saw a period of growth-inducing structural transformation accompanied by rising inequality. Thus, a strong Kuznetsian tension emerges, where South Africa missed an opportunity to undergo a period of inequality-decreasing growth due in large part to oppressive, race-based apartheid laws which hindered the economic advancement of Black Africans. As one of the most unequal societies in the world, which also faces widespread poverty and high open unemployment, it is crucial that South Africa establishes a successful pro-poor growth path in order to generate sustainable livelihoods for those previously excluded from economic opportunities.
The Politics of Legitimation and Delegitimation in Global Governance
Authors: Bexell Magdalena , Bäckstrand Karin , Ghassim Farsan , Gregoratti Catia , Jönsson Kristina , Söderbaum Fredrik , Stappert Nora , Uhlin Anders
Published: December 2022

This chapter advances a theoretical framework for studying how, why, and with what impact on audiences, global governance institutions (GGIs) are legitimated and delegitimated. The first component of the framework concerns the distinction between agents and objects. An agent enacts practices of (de)legitimation, whereas an object of (de)legitimation is what is being (de)legitimated, namely the GGI or specific policies. The second component is an agent-structure approach enabling the study of (de)legitimation processes within broader institutional and structural contexts. In this regard, the chapter identifies institutional set-up, policy field, and social structure as particularly relevant factors to account for variation in (de)legitimation across GGIs. The third component of the framework consists of practices, justifications, and audiences of (de)legitimation. Legitimation practices are what different agents engage in when they legitimate or delegitimate GGIs. Justifications are the substantive normative content these agents draw on when engaging in such practices. Audiences are the actors on the receiving end of these processes. The chapter develops overall theoretical expectations related to variation in practices, justifications, and audiences of (de)legitimation across GGIs.
Practices of (De)legitimation in Global Governance
Authors: Uhlin Anders , Verhaegen Soetkin
Published: December 2022

This chapter provides an overview of patterns of discursive, behavioral, and institutional (de)legitimation practices across policy fields and types of global governance institutions (GGIs). Focusing on a sample of nine GGIs and drawing on three datasets (annual reports, Twitter, and elite survey), the chapter demonstrates how different types of data can be used to capture institutional, discursive, and behavioral (de)legitimation practices, respectively. The chapter finds a higher intensity of (de)legitimation practices related to intergovernmental GGIs as compared to the nongovernmental and hybrid GGIs in the sample, but the types of (de)legitimation practices are similar across governmental and nongovernmental/hybrid GGIs. The regional organizations in the sample—the EU and ASEAN—do not display markedly different patterns of (de)legitimation practices as compared to the global GGIs. Instead, the chapter finds significant differences between these two regional GGIs, which can be attributed to their different positions in global power relations. Regarding policy field, the chapter finds that economic GGIs, as compared to GGIs in other policy fields, tend to more frequently use and be targeted by a diversity of (de)legitimation practices.
Justifications in the (De)legitimation of Global Health Governance and Global Trade Governance
Authors: Jönsson Kristina , Gregoratti Catia
Published: December 2022

This chapter focuses on normative justifications in legitimation and delegitimation, differentiating between justifications related to the purpose, procedure, and performance of a global governance institution (GGI). It explains variation in such justifications with reference to factors related to policy field and structural context. The empirical focus is on two major intergovernmental GGIs in different policy fields: the WHO and the WTO. Making use of policy documents, annual reports, Twitter communication, and qualitative interviews, the chapter analyses two time frames of intense GGI politicization: 1995 to 2000, and 2019 to 2021. While technocratic justifications are the most prevalent in self-legitimation in both cases over time, justifications related to fairness are common in both legitimation and delegitimation, albeit in different ways depending on policy field and time specific normative structures. The chapter demonstrates the interplay between legitimation and delegitimation over time and how justifications used by state and non-state agents of (de)legitimation have been embedded in a structural context of neoliberalism and, increasingly, of nationalism. The latter is epitomized by the WTO deadlock and the COVID-19 pandemic. The analysis also shows that issues that transcend several policy fields influence normative justifications in individual fields through spill-over effects between fields.
Conclusions
Authors: Jönsson Kristina , Uhlin Anders
Published: December 2022

This concluding chapter provides answers to the volume’s overall research question: How, why, and with what impact on audiences, are global governance institutions (GGIs) legitimated and delegitimated? Concerning how GGIs are (de)legitimated, the chapter outlines the broad patterns of (de)legitimation practices and normative justifications across policy field and type of GGIs. The explanatory question is answered with reference to factors related to the institutional set-up of the GGI, characteristics of the policy field, and broader social structures. Turning to the impact on audiences, the chapter elaborates on how and when (de)legitimation influence both the composition of targeted and self-appointed audiences and individuals’ legitimacy beliefs. Moreover, the chapter theorizes the interplay between legitimation and delegitimation. This is done by specifying the main differences between processes of legitimation and processes of delegitimation, analyzing how legitimation and delegitimation feed into and influence each other. Tentative expectations on when legitimation is likely to result in delegitimation, and vice versa, are provided. The chapter ends with a discussion of the implications of the results for the broader research fields of legitimation studies, global governance studies, and normative debate on rule-making beyond the nation-state.
The Marketisation of ‘Legitimate’ Violence
Authors: Infantino Federica
Published: December 2022

This chapter analyses empirical evidence on how public–private cooperation plays out in the implementation of immigration detention for the purpose of expulsion. It shows how the state responds to constraints on its control capacity, most notably the rule of law by delegating violence, even though the use of ‘legitimate’ violence lies at the core of sovereignty, and by ‘inducing deportations’. While private companies undertake the state’s coercive action and, with it, accept the responsibilities and blame that might result, state actors concentrate their efforts on induced deportations, in which they secure migrants’ agreement to leave by advising, persuading, and threatening.
Irish Culture and “The People”
Authors: O'Malley Seamus
Published: December 2022

This book argues that populism has been a shaping force in Irish literary culture. Populist moments and movements have compelled authors to reject established forms and invent new ones. Sometimes, as in the middle period of W.B. Yeats, populism forces a writer into impossible stances, spurring ever greater rhetorical and poetic creativity. At other times, as in the critiques of Anna Parnell or Myles na gCopaleen, authors penetrate the rhetoric fog of populist discourse and expose the hollowness of its claims. Yet in both politics and culture, populism can be a generative force. Daniel O’Connell and later the Land League utilized populist discourse to advance Irish political freedom and expand rights. The most powerful works of Lady Gregory and Ernie O’Malley are their portraits of The People that borrows from the populist vocabulary. While we must be critical of populist discourse, we dismiss it at our loss. This study synthesizes existing scholarship on populism to explore how Irish texts have evoked “The People”—a crucial rhetorical move for populist discourse—and how some writers have critiqued, adopted, and adapted the languages of Irish populisms.
Statistical Modeling With R
Authors: Inchausti Pablo
Published: December 2022

For most of the twentieth century through to the present day, statistics has been neatly divided into two theoretical frameworks: classical/frequentist and Bayesian. Scientists typically choose the statistical theoretical framework to analyze their data depending on the nature and complexity of the problem, and based on their personal views on probability and uncertainty. While textbooks and courses should reflect and anticipate this dual reality, they rarely do so. Scientists needing to employ the alternative statistical framework almost need to relearn from scratch. This book explains, discusses, and applies both the classical/frequentist and Bayesian statistical frameworks to fit the different types of generalized linear mixed models that allow the analysis of the types of data commonly gathered by researchers in the life sciences, incorporating the experimental or survey design, or, more generally, features of the data collection process. It presents material in an intuitive, approachable, and progressive manner suitable for research scientists and graduate students with only a very basic knowledge of calculus and statistics. The book covers the material in a theoretically rigorous manner, focusing on the practical application of all the methods to actual research data.
Kierkegaard and Climate Catastrophe
Authors: Holm Isak Winkel
Published: December 2022

Søren Kierkegaard’s work is teeming with images of earthquakes, floods, storms, volcanic eruptions, wildfires, burned-down cities, and apocalyptic events that ‘let the heavens fall and the stars change their places in the overturning of everything’. These disaster images are not just rhetorical packaging of the philosophical and theological content of his works. Rather, disasters play an important but largely understudied role in Kierkegaard’s analysis of human existence. Kierkegaard and Climate Catastrophe focuses on prophetic noir in Kierkegaard’s work: the sombre mood that is evoked when the shadow of future disaster falls upon the present. The book’s core contention is that the prophetic noir in Kierkegaard, modelled after the prophetic books of the Hebrew Bible, contributes to making his works urgently relevant today. On the one hand, from the vantage point of the contemporary world threatened by rapidly evolving climate catastrophes, Kierkegaard’s analysis of human existence emerges in a different light. To exist, in the emphatic sense Kierkegaard gave to that word, is to live a meaningful human life even if things are darkened by the future disaster. On the other hand, a thorough analysis of the prophetic noir in Kierkegaard offers an existential perspective to living in a world threatened by environmental devastation.
He Does Not Prophesy
Authors: Holm Isak Winkel
Published: December 2022

Chapter 5 presents a reading of the short sermon ‘Ultimatum’ that concludes part two of Either–Or. Here prophetic noir is given shape in the so-called little apocalypse, Jesus’s prediction of the destruction of Jerusalem from Luke the Evangelist. The chapter argues that Kierkegaard’s original contribution to the theodicy debate is to be explained by his audacious combination of prophetic noir and theodical concern; that is, a theodical pattern of argument and a prophetic pattern of affective response. This contribution is discussed in a dialogue with an interpretation of ‘Ultimatum’ by the philosopher of religion Claudia Welz. Opening up a contemporary perspective, the chapter offers a brief analysis of #Misanthropocene: 24 Theses (2014), a poem written collaboratively by the poet Juliana Spahr and the theorist and poet Joshua Clover.
Starvation as Strategy in the Syrian Armed Conflict
Authors: Kanfash Mohammad , Aljasem Ali
Published: December 2022

This chapter addresses the use of starvation as a weapon of war during the war in Syria including the possible goals and methods of the perpetrators, the outcomes for the victims, as well as the question of accountability. To provide a scope of the use of starvation during the war, as a tactic deployed by a variety of actors and across different geographies, this chapter includes four case studies: eastern Ghouta (in the Damascus suburbs), Aleppo, Deir Alzor, and starvation in detention. It draws on the authors’ interviews, previous research, and professional experience as humanitarian relief workers during the armed conflict in Syria, and an extensive review of media, human rights, and humanitarian reporting on conditions in the country throughout the civil war.
Reporting Famine
Authors: Ferguson Jane
Published: December 2022

Drawing on her experience covering famine and conflicts in Yemen and South Sudan, author and journalist, Jane Ferguson, details the immense challenges and need for investigative journalism. The causes of hunger must be investigated by a wide variety of leading news organizations so the public can be made aware when famine victims are in fact the victims of war. Otherwise, there is a very real risk of successful attempts by combatants and governments to manipulate the news by making it unclear to both journalists reporting from afar and their viewers and readers why certain famines are happening. In South Sudan, for example, few news organizations sent their own reporters to the country to report on the famine in 2017, instead taking updates on the famine from aid agencies that were avoiding discussion of its causes (attacks on ethnic communities by government troops) for fear of being thrown out of the country by the government. When the author arrived in South Sudan to report, senior NGO officials told her they could not call this famine man-made because it would risk their entire operation, but that it was indeed caused by the governments brutal counter-insurgency tactics. In Yemen, there has been a more concerted effort by the Saudi-led coalition to prevent journalists from reporting on the famine, aware that its cause is a direct result of the tactics being used in the war.
Snow
Authors: Lal Rattan
Published: December 2022

Divided into four parts under the sub-titles Srinagar, Bana Haal, Jammu, and Srinagar, the main focus of the story is the absence of snow in Kashmir for three years, and then its eventual fall at the end of the story. Mohan Lal and Mohi-ud-Din work in the same office. They return from Jammu after Mohi-ud-Din quarrels with the boss. Mohan Lal’s daughter Babli, eagerly waiting for snow, asks him if snowfall has occurred on the Bana Haal mountain near the Jawahar Tunnel. After a day-long journey on the bus from Jammu, he is trying to sleep. In the section titled Bana Haal, he recalls the conversations in the bus about the fall of snow. Kashmir has not seen snowfall for the last three years. Finally, when Mohan Lal wakes up late in the day at his home in Kashmir, snow begins to fall, and there is joy all around.
Measureless
Authors: Lal Rattan
Published: December 2022

The narrator recalls dreaming about Kashmir. He dreams about the boys playing around his home. He recalls the days when earthquakes occurred and how the people moved around. Now that he is in Jammu as a refugee he wakes up from strange dreams. Sometimes these dreams used to give him nightmares. However, things have changed now. He has got used to the situation in Jammu. He gets nightmares, family members reprimand him for disturbing their sleep, and life moves on. Or does it?
The Coast, Wetlands and Sensitive Areas
Authors: Divan Shyam , Rosencranz Armin
Published: December 2022

This chapter examines the protection of the coastal region, the wetlands, and ecologically sensitive areas. The regulations that preserve the Indian coast seek to balance the needs of diverse interests that use coastal resources. The chapter presents cases which illustrate the conflicts between hoteliers and environmentalists; real estate developers and planning authorities; the shrimp industry and fisherfolk; and between those who seek coastal development vis-à-vis citizen groups who urge protecting coastal areas. The importance of these contests is elevated by the impending rise in sea levels consequent to global warming and climate change. The chapter then considers the ecological importance of inhospitable bogs and swamps and the growing realization about the range of ‘nature services’ that these regions provide. It also looks at initiatives to preserve ecologically sensitive areas through a framework of customized restrictions imposed under the Environment (Protection) Act of 1986.
International Environmental Law and Global Issues
Authors: Divan Shyam , Rosencranz Armin
Published: December 2022

This chapter focuses on international environmental law. India has obligations under numerous international treaties and agreements that relate to environmental issues. To be bound as a contracting party, India must have ratified a treaty, that is, adopted it as national law before it came into force, or acceded to it after it has come into force. For a treaty to enter into force, the requisite number of countries must ratify the treaty, which then has the force of international law. The chapter then outlines the established norms of international environmental law, before considering conflicts between the environment and free trade. It also looks at the relationship between human rights, indigenous people, and the environment, as well as environmental justice. Finally, the chapter studies air pollution and the protection of the atmosphere, endangered species, and the global commons.
Transboundary Environmental Issues
Authors: Divan Shyam , Rosencranz Armin
Published: December 2022

This chapter assesses transboundary environmental issues. Environmental resources often do not fit within man-made borders; they spill across the borders of nations. The sharing and common use of these resources constitute transboundary environmental issues. Simply put, these are issues relating to the international management of environmental resources and its impact. The chapter considers transboundary water and air pollution from the Indian perspective. Ultimately, transboundary environmental issues must be studied in the context of their ability to ignite conflict and their potential for resolving tension. Particularly in the context of South Asia, which is already a region rife with political and historical tension, transboundary environmental issues can spark conflict. The chapter looks at the law on transboundary environmental issues, as well transboundary river issues in South Asia.
Biodiversity Litigation in Brazil
Authors: Costa de Oliveira Carina , Leuzinger Márcia Dieguez , Carvalho Barros Larissa Suassuna
Published: December 2022

This chapter analyses the influence of international biodiversity law (IBL) on the Brazilian biodiversity legal framework and the impacts of biodiversity litigation on material and procedural law issues, through an analysis of the leading cases in the superior and federal courts. Most of the identified leading cases were decided between 2003 and 2020, regarding species (fauna and flora), genetic resources, protected areas, and forests. IBL has more impact on material law issues than on procedural law issues. An important finding was that biodiversity litigation has been strategically used to try to prevent the regression of Brazilian environmental legislation in recent years. Moreover, the research concludes that biodiversity litigation contributes to the effectiveness of biodiversity protection in Brazil, despite obstacles such as the excessive duration of lawsuits and the lack of environmental specialization of the courts.
Biodiversity Litigation in France
Authors: Futhazar Guillaume , Dermenghem Lucas
Published: December 2022

Biodiversity litigation is not a novel concept for French courts. Administrative courts have been dealing with biodiversity-related cases for decades. This is not surprising as the French legislator has enacted several laws concerning the constitutive elements of biodiversity (species and habitats mostly) years before the term ‘biodiversity’ was coined as a central concept of environmental governance. In this chapter, the main trends of biodiversity litigation are identified. In doing so, the potential influence of international biodiversity law on the judges’ decisions is also identified. Biodiversity litigation is a phenomenon that occurs mainly before the criminal and administrative courts, administrative courts being the most influential on the evolution of biodiversity law in France. Before the administrative courts, biodiversity litigation amounts to a balancing exercise between environmental considerations and other competing interests. In this balancing exercise, the importance of scientific expertise, especially the expertise produced by public institutions, is fundamental. Although France is heavily involved in the evolution of IBL, this corpus of law has a marginal influence on biodiversity litigation. The chapter argues that the French administrative judge should be more welcoming of IBL in order to bring about more coherence in the implementation of biodiversity law more generally.
Biodiversity Litigation Before the Court of Justice of the European Union
Authors: Born Charles-Hubert , Schoukens Hendrik
Published: December 2022

The EU is arguably one of the major players in the field of international biodiversity governance and has ratified most of the prominent treaties in the field of nature conservation. During the past decades, the EU has, moreover, adopted a set of progressive directives and regulations, which aim for the recovery of the EU’s most threatened habitats and species and, indirectly, implement its biodiversity-related pledges. This chapters addresses the litigation strategies aimed at ensuring a better compliance with international biodiversity law (IBL). The picture that emerges is distinct: on the one hand, the supranational character of the EU legal order guarantees a more effective application of IBL whereas, on the other hand, it limits the added value of IBL. Only in a limited numbers of cases, has the Court of Justice of the EU (CJEU) referred to IBL. At the same time, however, the past decades have seen an increased rise in the legal protection that is provided for in nature protection cases, especially before the national courts. A plethora of decisions of the CJEU underlines the sharp teeth of many of the protection regimes that apply in EU law to endangered species and habitats, also in the context of economically important sectors, such as port expansion, intensive agriculture practices, and industrial facilities. The limited access for NGOs in direct annulment proceedings before the CJEU, however, underlines the lack of effective protection against unsustainable decisions for biodiversity adopted at the EU level. In future years, one can expect a rise of strategic biodiversity-based lawsuits, that focus on more systemic challenges to biodiversity, such as climate change, nitrogen pollution, and habitat fragmentation.
Biodiversity Litigation
Authors: Futhazar Guillaume , Maljean-Dubois Sandrine , Razzaque Jona
Published: December 2022

Beyond the great diversity of national contexts and disputes examined in this volume, this synthesis gathers the key insights from our case studies and attempts to provide answers to the questions that motivated the launch of this project. It presents the trends in biodiversity litigation identified in the different chapters of this book and in the literature. It shows that the most significant influence of international biodiversity law, both in terms of frequency and in terms of impact, is to be found in its indirect influence, particularly as an interpretative tool. It highlights the way in which biodiversity litigation has evolved over the years to exhibit certain patterns such as the involvement of NGOs and indigenous peoples and local communities, the progressive opening up of judges to science and expertise, and the uneven influence of rights discourses. Litigation appears as one of the tools that can help to improve the effectiveness of biodiversity law and policies, although this depends largely on the legal and institutional context. Even if it does not yet have an identity as strong as ‘climate litigation’, there is some merit in welcoming ‘biodiversity litigation’ as a staple of environmental law. It opens the door to more creative legal thinking when dealing with biodiversity-related disputes and refines the discourses around environmental litigation.
Resisting Comparisons of Comparable Items
Authors: Katsafanas Paul
Published: December 2022

Sacred values might seem ethically problematic. After all, sacred values are treated as inviolable (tradeoffs with ordinary values are forbidden), incontestable (even contemplating such tradeoffs is prohibited), and dialectically invulnerable (no rational considerations can disrupt the agent’s commitment to the value). So, can maintaining sacred values ever be justifiable? This chapter argues that it can be reasonable to maintain sacred values. Moreover, in certain cases, treating a goal, activity, or relationship as possessing ordinary rather than sacred value constitutes a moral failure: the refusal to adopt sacred values involves a pernicious form of devaluation, in which the agent fails to be appropriately moved by important values.
Group Fanaticism and Narratives of Ressentiment
Authors: Katsafanas Paul
Published: December 2022

This chapter focuses on a disturbing characteristic of certain contemporary groups, movements, and political ideologies: their fanatical nature. What does it mean to characterize a group, movement, or ideology as fanatical? According to the generative view of group fanaticism, a group qualifies as fanatical if and only if it promotes individual fanaticism. How might a group promote individual fanaticism? One mechanism for encouraging individual fanaticism is by advancing a group narrative that fuels the emotion of ressentiment—a vengeful, impotent hatred directed at those perceived as wronging you. The chapter explores the tendency of fanatical groups to promote ressentiment among their members, and it analyzes the ways in which ressentiment feeds individual fanaticism.
Standards of Review in the Practice of International Courts and Tribunals
Authors: Lanovoy Vladyslav
Published: December 2022

Most of the rules that international courts and tribunals are called to apply do not prescribe the standard that is to be used when reviewing the decisions of domestic authorities. As a result, international courts and tribunals have applied a variety of standards to such review exercises, either expressly or impliedly, which range from the most intrusive (de novo) to the most deferential (clearly erroneous or manifest lack of reasons), with many in between (reasonableness, good faith, or abuse of discretion). This chapter examines the practice of international courts and tribunals with a view to identifying criteria that appear to inform their selection of a standard of review. It also discusses normative repercussions that the use of a diversity of standards of review, coupled with the failure of international courts and tribunals by and large to justify their selection, may have on the international dispute settlement system.
Saving Regulatory Space for States through the Standard of Review
Authors: Gruszczynski Lukasz
Published: December 2022

This chapter looks at the latest case law of World Trade Organization (WTO) panels and the Appellate Body, investment tribunals, and the Court of Justice of the European Union (CJEU) relating to tobacco control measures. In this context, the chapter analyzes the use of standard of review by international economic law (IEL) dispute settlement bodies (DSBs) when dealing with complex factual determinations that form the basis for national regulatory measures. It argues that IEL DSBs have applied deferential standard of review when analyzing national tobacco control measures. While the approaches taken by different IEL DSBs are not identical, all of them seem to aim at guaranteeing a considerable margin of discretion to national regulators, thus promoting unity in the IEL field and reinforcing legitimacy of DSBs’ decisions. This also means that the DSBs have actually preserved, rather than undermined, the regulatory space available to states.
A Priori Causal Inferences in the Law of the World Trade Organization
Authors: Gascoigne Catherine E
Published: December 2022

This chapter examines the way in which current World Trade Organization (WTO) jurisprudence makes determinations regarding causation based on an a priori inferences about the nature of the cause. In particular, this tendency can be seen in the following three areas of WTO law: (1) Serious Prejudice (articles 5(c) and 6.3 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement)); (2) the General Exceptions (article XX of the General Agreement on Tariffs and Trade (GATT 1994) and article XIV of the General Agreement on Trade in Services (GATS)); and (3) the calculation of nullification and impairment for the purposes of retaliatory measures (article 22.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and article 4.10 of the SCM Agreement). The chapter will then turn to consider an alternative approach to determining causation in these agreements based on econometric models in order to interrogate real-world effects.
Proving Bad Faith in International Law
Authors: Çalı Başak
Published: December 2022

The aim of this chapter is to analyze the European Court of Human Rights’ (ECtHR) evolving bad faith jurisprudence against the backdrop of the difficulties associated with proving bad faith violations in international law. By way of a close reading of the case law of the ECtHR between 2004, when it found its first bad faith violation until 2020, the chapter investigates how the Court has come to treat good faith as a rebuttable presumption, how the secondary rules of evidence concerning bad faith violations have developed in the case law of the Court over time, and the consequences of these developments for the primary rule provided in article 18 of the European Convention on Human Rights (ECHR). The chapter argues that the development of secondary rules of evidence to prove bad faith violations of the ECHR are closely interrelated with the recent developments in the interpretation of primary rules of the ECHR under article 18. The ECtHR’s bad faith case law has, over time, evolved away from a direct and subjective evidence paradigm to a circumstantial and indirect evidence paradigm. At the same time, the substantive interpretation of article 18 of the ECHR , too evolved, to signal that the use of domestic laws and judicial proceedings in the service of anti rule of law and antidemocratic agendas constitutes a violation of the ECHR. These developments make the ECtHR an avant-garde adjudicatory body in developing secondary rules of evidence for deciding whether states violate their international law obligations in bad faith.
Women’s Constrained Philosophical Participation
Authors: Stone Alison
Published: December 2022

This chapter explores how women were able to do philosophy in nineteenth-century Britain despite patriarchal constraints. Drawing on scholarship on print culture and Victorian periodicals, the chapter shows that women could publish philosophy because for most of the century philosophical discussion was generalist rather than specialist, and was carried on in a generalist culture supported by books, periodicals, letters, and other print media. Book and periodical culture was not devoid of patriarchal assumptions, but women developed strategies for working within and against them. The successful publishing careers of Harriet Martineau, George Eliot, and Frances Power Cobbe illustrate these strategies. In particular, many women took advantage of conventions around anonymity, pseudonymity, and initialled publication, in a period when signed authorship was only gradually becoming the norm. The chapter then explains why women’s philosophical contributions became forgotten and left out of the history of philosophy, making reference to the professionalization and specialization of British philosophy from the mid-1870s onwards. Two case studies illustrate how these dynamics of specialization worked against women: Cobbe’s rise and fall from high repute in her time to near-total invisibility today; and the joint roles of the Coulomb affair and Hodgson report in pushing Helena Blavatsky’s spiritual philosophy outside academic respectability. The chapter concludes with some recommendations for how to recover nineteenth-century British women philosophers and restore them into narratives of the history of philosophy.
Conclusion
Authors: Stone Alison
Published: December 2022

The conclusion sums up what the book has shown: that there were many women doing philosophy in nineteenth-century Britain and that they did not only address practical or value-related topics. The conclusion points out ways in which the work of these women offers an inspiring model of how to do philosophy. In addition, the conclusion briefly draws out what we can learn for our methodology as historians of philosophy. To recover nineteenth-century women philosophers in Britain, we need to look beyond academia and professional philosophy to the broader public sphere and realm of print culture, paying attention to the distinctive features of the periodical culture of the time. We need to recover the forgotten male philosophers of the period as well, though it remains important to put women in conversation with one another.
Capacity for Welfare across Species
Authors: Višak Tatjana
Published: December 2022

To systematically compare welfare across species, it is first necessary to explore whether welfare subjects of different species have the same or rather a different capacity for welfare. According to what seems to be the dominant philosophical view, welfare subjects with higher cognitive capacities have a greater capacity for welfare and are generally much better off than those with lower cognitive capacities. Višak carefully explores and rejects this view and argues instead that welfare subjects of different species have the same capacity for welfare despite different cognitive capacities. This book prepares the philosophical ground for comparisons of welfare across species. It will inform and inspire ethicists and animal welfare scientists alike, as well as a broader readership interested in wellbeing, animals, and ethics.
Introduction
Authors: Višak Tatjana
Published: December 2022

Chapter 1 introduces the issue of cross-species capacity for welfare. The chapter also introduces the difference-view, which holds that welfare subjects of different species have a different capacity for welfare, due to different cognitive or emotional capacities. The chapter goes on to discuss the equality-view, which holds that welfare subjects from different species have the same capacity for welfare, despite potential differences in cognitive or emotional capacities. The chapter indicates the practical relevance of comparisons of welfare across species, as well as the underlying assumptions. It also provides an outline of the book.
The Equality-View
Authors: Višak Tatjana
Published: December 2022

Chapter 3 supports the equality-view about capacity for welfare across species (EQU). It first shows that common approaches in animal welfare science are in line with EQU. Then it presents the theory of welfare as self-fulfilment that Daniel Haybron introduced. This theory can serve as an example of a philosophical theory of welfare that is in line with EQU. It illustrates the relativizing structure common to all theories of welfare that are compatible with EQU. Lastly, the chapter presents an evolutionary perspective on (hedonic) capacities. It presents hedonicity as a dimension of consciousness that serves as a ‘common currency’ for decision-making and explains how this evolutionary picture supports EQU.
Welfare across Time
Authors: Višak Tatjana
Published: December 2022

Chapter 4 addresses how one may be interested not only in the welfare of some individual at a specific point in time (i.e. synchronic welfare) but also in the welfare of an individual across some longer timespan (i.e. diachronic welfare). For example, one may wonder how good the life of some chicken was until now. The standard view about diachronic welfare is the simple additive view, which holds that diachronic welfare consists in the sum of synchronic welfare. This chapter discusses welfare across time in assessments of the harm of death. It explores how the value of whole lives or time-extended benefits, or harms, could be compared across species. In inter-species assessments and comparisons of diachronic welfare, the relevance of differences in species-specific lifespans needs to be settled. The chapter defends the total-duration view as opposed to the relativize-to-natural-lifespan view in an engagement with Jeff McMahan’s arguments about humane omnivorism.
Keynote Address
Authors: Manuel Trevor
Published: December 2022

The remarks draw the link between a constitution and economic outcomes, including the delivery of social goods. There are a number of factors that influence such outcomes, including the following: • The nature of the political system. Presidential systems tend to be more majoritarian, have smaller governments, and have smaller welfare-state spending. Conversely, countries with parliamentary systems tend to have more persistent fiscal outcomes. • The degree of control that a government can exercise over fiscal and monetary policy. • The extent of accountability exercised by core components of the state, such as its parliament. • The operation of governance across the various tiers or spheres, and the competence of the public administration. • The quality of the independent institutions that support democracy. • Other external agencies, such as donors, the World Bank, and International Monetary Fund (IMF), which continue to play important roles in many countries in Africa. How the entire political-economy machinery articulates across the three arms of government.
Land, Conflict, and the Economy
Authors: Makonese Makanatsa
Published: December 2022

Constitutionalism, the protection of human rights, and the observance of the rule of law are some of the key necessities for economic development in any country. With this realization in mind, the independence government of Zimbabwe put in place successive laws and constitutional provisions to ensure that the long-standing colonial land dispute between the black majority and the white settlers would be addressed within the ambit of the law and the Constitution after independence. However, the slow pace of land reform during the first twenty years of independence led to an implosion that caused farm invasions and the subsequent decision by government to implement the land reform programme outside the law and constitutional provisions. This in turn led to economic subsidence with which the country is still grappling more than two decades after the fast-track land reform programme. This chapter argues that whilst constitutionalism, human rights, and the rule of law are important for economic development, the law and the constitution must align with the principles of fairness, equity, and justice in order to be embraced by all citizens. In the case of the land issue in Zimbabwe, a legal and constitutional framework that failed to address colonial land dispossession and racially skewed landownership patterns at independence was bound to fail. Given that the land issue in Zimbabwe remains unresolved, it is important that the international community recognize this reality and, together with Zimbabweans, embrace a land reform and redistribution programme that reflects the constitutional principles of equality and non-discrimination.
Namibia’s Resource-Based Economy
Authors: Melber Henning
Published: December 2022

Namibia is a resource-rich country with a fragile ecosystem. As one of the driest countries in the world, it faces environmental challenges. Its socio-economic realities are still much influenced by the structural legacy of colonialism. Raw material is mainly exported without any value addition, and the distribution of relative wealth is highly unequal. Although Namibia is an upper middle-income country, a large number of its inhabitants live in poverty. Since 2016, the economy has entered into a lasting recession, leading to fiscal constraints on the state and government and an increase in unemployment. While the Constitution and certain laws create a normative framework for protecting the environment, economic role-players are tempted to ignore these specified requirements when it comes to the exploitation of natural resources. This chapter uses the cases of seabed phosphate mining, the harvesting of timber in a precarious ecological environment, and the opening of a tobacco plantation to illustrate the conflicting interests that arise. It shows that while legal provisions are in place, they are not always strictly recognized and implemented. This brings to the fore the dilemma of an economic policy that seeks to secure income from the country’s natural resources but at times does so at the cost of the natural habitat. As is also shown, line ministries are not always in agreement and reach different conclusions and policies. This points to relatively selective and occasionally incoherent implementation of the country’s constitutional and legal provisions.
The Turn to Global Constitutionalism at the WTO and Its Impact on African Constitutionalism
Authors: Belser Eva Maria
Published: December 2022

This chapter examines the extent to which the global trade regime fulfils the essential functions of a constitutionalized order. The elevation of global trade rules to constitutional rules implies the prioritization of free trade over non-trade rules and therefore considerably limits the regulatory leeway for member states. The primacy of the trade regime can be demonstrated through the functioning of special and differential treatment. In this system, non-trade concerns, such as human rights obligations, are regarded merely as exceptions and hence reinforce a certain hierarchy in which the World Trade Organization (WTO) is in the topmost position. Moreover, WTO constitutionalism supports the assertion that the trade regime is capable of comprehensively regulating public authority in trade matters, which justifies its expansion into regulatory areas such as agriculture, commodities, and health. However, as this chapter shows, it is precisely in these regulatory areas that WTO constitutionalism can collide with fundamental public interests of the member states, in this case African states. Given the lack of procedural and substantive legitimacy of the WTO, the idea of a constitutionalized WTO is refuted. The way forward lies not in a schematic hierarchy but a pluralistic understanding of global constitutionalism in which trade is one value among others and can be challenged by national constitutions.
Unity and the Holy Spirit
Authors: Hare John E.
Published: December 2022

This book is about the work of the Holy Spirit in the world, as distinct from the Spirit’s work in the church. One traditional term for this work is ‘common grace’. The book argues that there are four kinds of unity that the Spirit is working to bring about, and it takes one example of each. After the first chapter which is introductory, the second chapter takes up the first kind of unity: unity between us and the material world. The example chosen is our experience of the beautiful and the sublime, and Immanuel Kant’s treatment of how this experience takes us to a divine being who lies behind both our faculties and the beautiful and sublime things we experience. The chapter uses two pieces by Beethoven, including the first movement of his Eroica symphony, as illustrations of the kind of unity that Kant has in mind. The second kind of unity is unity within a human life, and the third chapter discusses the example of gender transition within the life of a person assigned female at birth. The third kind of unity is unity between human beings, and the fourth chapter discusses the example of love of our country (patriotism) and its relation to the ideal of cosmopolitanism. The fourth kind of unity is unity of human beings with God, and the fifth chapter discusses the unity we can achieve in contemplation. Finally, the sixth chapter discusses the nature of unity itself and its relation to the Spirit’s love.
Love of Country
Authors: Hare John E.
Published: December 2022

This chapter takes patriotism, a love of one’s country, as an example of unity between people, and considers its relation to the Kantian ideal of cosmopolitanism, where we are citizens of the cosmos. It starts by holding Kant’s ethical theory unacceptably rigouristic in requiring the exclusion in principle of individual reference in a moral maxim. It then rejects extreme cosmopolitanism with some empirical arguments from the political realists (like Reinhold Niebuhr). It argues that Kant makes a realist pessimism about radical evil consistent with the cosmopolitan aspiration because he bases the latter on premises about divine assistance through providence. The chapter then considers two contemporary cosmopolitans (Benhabib and Appiah) who try for a version without these premises. It then discusses how the moral theology invoking the work of the Spirit helps define limits to acceptable patriotism, and how it also helps motivate a love of country that extends to a moral concern for those in need in the rest of the world.