bluuebunny/crossref_metadata_2025 huggingface dataset:
Inventing Laboratory Science in Meiji Japan
Authors: Kikuchi Yoshiyuki
Published: September 2021

This chapter investigates the way in which laboratory science and training were introduced to Japanese universities in the Meiji period (1868–1912), with a strong emphasis on ‘laboratory’ as both a concept and a physical space. In the late 1860s and early 1870s, when ‘laboratory’ started to appear in Japanese lexicons for Western languages, the word was simply translated into Japanese as ‘a workplace for chemists’, revealing its chemical origins and the lack of a concise Japanese term corresponding to it. The 1870s and 1880s saw the diversification of laboratories and the coining of suitable words for them, the two most frequently used being shiken shitsu 試験室 and jikken shitsu 実験室. The former was used mainly for chemical, assaying, and electrical laboratories where materials were examined, often with industrial purposes in mind. The latter had the much broader meaning of a place for students to examine, experience, or observe natural phenomena and even make medical diagnoses. The dominance of jikken shitsu as the translation for a university laboratory, by the early 1900s, was due to its capacity to embrace a variety of rooms with different functions for different disciplines. It also signaled the establishment of its core meaning as a space for individual training; a prototype space for the training of research scholars, giving each student the opportunity to witness and experience disciplinary practices. To reveal how such training was provided there, this chapter examines the design of laboratories for chemistry—the archetypal laboratory science—by focusing on the following four aspects of training: 1) student supervision, 2) combined laboratory work and seminars, 3) socializing, and 4) the formation of the ‘research imperative’.
Teaching and Research in Colonial Bombay
Authors: Mathew John , Sohoni Pushkar
Published: September 2021

Bombay did not play the kind of administrative nodal role that first Madras and later Calcutta did in terms of overarching governance in the Indian subcontinent, occupying instead a pivotal position for the region’s commerce and industry. Nonetheless, the nineteenth and twentieth centuries in Bombay were a formative age for education and research in science, as in the other Presidencies. A colonial government, a large native population enrolled in the new European-style educational system, and the rise of several institutions of instruction and learning, fostered an environment of scientific curiosity. The Asiatic Society of Bombay (1804), which was initially the hub of research in all disciplines, became increasingly antiquarian and ethnographic through the course of the nineteenth century. The Victoria and Albert Museum (conceived in 1862 and built by 1871 and opened to the public in 1872), was established to carry out research on the industrial arts of the region, taking for its original collections fine and decorative arts that highlight practices and crafts of various communities in the Bombay Presidency. The University of Bombay (1857) was primarily tasked with teaching, and it was left to other establishments to conduct research. Key institutions in this regard included the Bombay Natural History Society (1883) given to local studies of plants and animals, and the Haffkine Institute (1899), which examined the role of plague that had been a dominant feature of the social cityscape from 1896. The Royal Institute of Science (1920) marked a point of departure, as it was conceived as a teaching institution but its lavish funding demanded a research agenda, especially at the post-graduate level. The Prince of Wales Museum (1922) would prove to be seminal in matters of collection and display of objects for the purpose of research. All of these institutions would shape the intellectual debates in the city concerning higher education. Typically founded by European colonial officials, they would increasingly be administered and staffed by Indians.
A Cradle of Chinese Physics Researchers
Authors: Hu Danian
Published: September 2021

This chapter explores the development of the department of physics at Yenching University, an American-funded missionary institution in Beijing, China during the Republican period. It shows how the department evolved from a primitive premedical teaching program to a major center of physics education and research. It also reveals the significant role of the Rockefeller Foundation in this development, partly as the sponsor of the Premedical School of Peking Union Medical College. Founded in 1917, the Premedical School shared with Yenching’s science departments its advanced facilities and in 1926 became part of the university. In 1927, the department created a Master of Science program in physics, the first of its kind in China, promoting original research among its faculty and students. Before the Japanese army shut down the university in December 1941, more than ninety Chinese young men and women had completed their study in this department with a research thesis. A considerable number of Yenching graduates went on to earn their doctorates in America or Europe and subsequently returned home, becoming leading physicists in China in the twentieth century. Among them, Kun Huang (黃昆, Class 1941) and Chia-Lin Hsieh (謝家麟, Class 1943) even won the State Preeminent Science and Technology Awards, the highest scientific honor in China, in 2001 and 2011 respectively.
Herod in History
Authors: Czajkowski Kimberley , Eckhardt Benedikt
Published: September 2021

Most of our information about Herod the Great derives from the accounts found in Josephus’ Jewish War and Jewish Antiquities. Together they constitute quite a unique resource on one of the most famous personalities of ancient history. But whence did Josephus get his information? It is commonly agreed that his primary source was Nicolaus of Damascus, Herod’s court historian, though the extent to which Josephus adapted his material remains disputed. This book takes a modern source-critical approach to Josephus’ extensive account of Herod’s reign to suggest that Josephus did indeed rely heavily on Nicolaus’s work, but that previous scholarship was mistaken in seeing Nicolaus as a mere propagandist. Nicolaus may have begun his Universal History while Herod was alive, but he finished it after his death. He thus had no reason to write propaganda. This makes his work all the more interesting, for what we have instead is something rather different: a Syrian intellectual claiming a place in Augustan Rome, by telling a story about what the Augustan World looks like on the Eastern periphery. We delineate Nicolaus’ approach to various critical topics in Herod’s reign in order to reveal the Damascene’s perception of client kingship, the impact of empire, and the difficulties involved in ruling Judaea. Most significantly of all, we uncover an Eastern intellectual’s view on how to succeed and how to fail in the new Augustan world order.
Herod on the Rise
Authors: Czajkowski Kimberley , Benedikt Eckhardt
Published: September 2021

This chapter covers Herod’s rise to kingship. It seeks to embed the ‘rising star narrative’ that we find in BJ 1 and AJ 14 into Nicolaus’ historical framework as far as it can be reconstructed from the fragments. This leads to a new hypothesis on the role of Herod’s Idumean origins in Nicolaus’ narrative. The chapter ultimately shows how Nicolaus’ portrait of the young Herod connected timeless patterns of universal history with the specific conditions created by Rome’s rise to universal power, and thus had a special appeal to an Augustan readership.
Herod the Husband
Authors: Czajkowski Kimberley , Benedikt Eckhardt
Published: September 2021

What made a tyrant? It is in the so-called ‘domestic’ portion of the narratives that the seeds of Herod’s gradual descent are most clearly brought to the fore, and we see the familiar traits from ancient literature emerging: paranoia, suspicion, and cruelty among them. Josephus explicitly criticizes Nicolaus’ handling of two key episodes within the domestic sphere: the execution of Mariamne, Herod’s Hasmonean wife, and that of her sons. We argue that, in spite of this overt criticism, Josephus’ treatment of these incidents closely follows Nicolaus, who did indeed include tyrannical elements in his treatment of the king. The death of Mariamne is the focus of this chapter: in addition to the ‘tragic’ elements that are so often noted in her downfall, there is a strong undercurrent of a Hasmonean political threat that directly picks up on those themes noted in the narrative of Herod’s rise to power (Chapter 2). Within this, we also see the seeds of Herod’s descent from energetic usurper to indolent, overpowered monarch.
Herod and the People’s Front of Judaea
Authors: Czajkowski Kimberley , Benedikt Eckhardt
Published: September 2021

This chapter discusses resistance against Herod. There are three occasions in Josephus’ works where Jews prefer death over subjection to Herod. These are normally understood as heroic episodes, and it is likely that Josephus intended them to be understood this way. However, detailed analysis uncovers an underlying layer of mockery: Nicolaus seems to have included these episodes from three different stages of Herod’s life (his fight for the throne, the middle of his reign, and his very last days) to show what sort of irrational opposition the king (and Nicolaus himself) constantly had to deal with. This not only justified Herod’s descent into tyranny, but also allowed Nicolaus’ readers a glimpse into the limits of Roman rule: some people just won’t learn.
Hearing God’s Command
Authors: McKenny Gerald
Published: September 2021

When we claim that the command of God as a moral norm is rationally intelligible, we mean that it is in principle knowable, that we can reason about it, and that we can hold one another accountable to it. Barth’s theological ethics accommodates all three of these requisites. He holds that although we do not strictly know the specific action God will command, we have an approximate knowledge of it, and that in our asking it of God we stand in the space where it can be heard. He also holds that although our moral reasoning does not give us a definitive answer to what God requires and that we must bring our reasons before God’s ultimate verdict on them, the consideration of reasons for and against a proposed action or course of action is essential to hearing God’s command. Finally, he holds that human beings are bound to one another in relations of mutual speaking and hearing God’s commands, and these relations are at least implicitly relations of mutual accountability for what we hear as God’s command.
Schopenhauer on Compassion as the Basis of Morality
Authors: Persson Ingmar
Published: September 2021

This chapter presents five claims that are involved in Schopenhauer’s view that compassion is the basis of morality and whose truth is examined in the book. In this chapter it is argued in particular that if, in opposition to him, positive feelings of pleasure and joy are taken to exist in their own right like negative feelings of pain and suffering, compassion cannot be the only moral motive. It must be supplemented by attitudes like sympathy with positive feelings and benevolence. These attitudes are like compassion in being based on empathy. Other claims of his that are examined in the book are that compassion involves identifying with another, that justice is a form of compassion, and that compassion can be universal.
Morality and the Distinction between Oneself and Others
Authors: Persson Ingmar
Published: September 2021

In On What Matters Derek Parfit adopts Henry Sidgwick’s idea of a duality of practical reason consisting in there being personal reasons to care about our own well-being as well as moral reasons to care about everyone else’s well-being. But this sits ill with his well-known claim in Reasons and Persons that personal identity is not what matters. For this implies that were we to divide into two individuals, we would have the same reasons to care about these individuals as ourselves, though they are distinct from us. It is suggested that this is because we empathize with them in the same way as with ourselves in the future, ‘from the inside’, and that considerations of justice do not apply to them because their wills are too dependent on our wills.
The Partiality and Moral Importance of Empathy
Authors: Persson Ingmar
Published: September 2021

Paul Bloom and Jesse Prinz have argued that empathy is a poor guide to morality because it is partial, focused on individuals who are near and dear to us, present before our senses, and similar to us, etc. It is here conceded that this is true of spontaneous empathy, but that empathy can be voluntarily controlled and reflective because it consists in imagining what somebody else than ourselves at present is feeling. This means that we can counteract the partiality of our spontaneous empathy, though it is exceedingly difficult to overcome all partiality which is necessary for the kind of universal compassion envisaged by Schopenhauer. In this chapter an attempt is also made to make sense of his conception of the relation between such compassion and ascetic self-renunciation.
Biases in Favour of the Negative
Authors: Persson Ingmar
Published: September 2021

Contrary to Schopenhauer’s claim that positive feelings consist simply in the cessation of negative feelings, it is contended that positive feelings are feelings just like negative feelings. But there is a bias or asymmetry in favour of the negative to the effect that negative feelings can in general have a greater intensity: pain can be more intense than pleasure, depression than elation, etc. This is because negative feelings often signal losses that are irreversible, and that by themselves guarantee reductions of well-being, whereas this is not true of the improvements signalled by positive feelings. Due to this asymmetry, compassion can be stronger than sympathetic joy and, as these emotions provide moral reasons, this explains why, intuitively, it seems morally more urgent to prevent what is bad than to produce what is good as, e.g. negative utilitarianism maintains.
Demandingness as an Objection to Norms
Authors: Persson Ingmar
Published: September 2021

A moral requirement to be universally benevolent could be very demanding, i.e. it could take great sacrifices of the agent’s welfare to live up to it. It has been argued that this is an objection to its validity, but this is denied in this chapter. Any reasonable morality will comprise norms that are quite demanding, e.g. a norm to let ourselves be tortured to death when this is necessary to prevent a million or billion from suffering the same fate. However, the fact that a moral norm is demanding could mean that you are not blameworthy if you fail to comply with it. This fact could also be a pragmatic reason for you not to try to comply with this norm but with a less demanding norm if your failure to comply will have bad consequences.
Stereotypes and Epistemic Value
Authors: Puddifoot Katherine
Published: September 2021

How Stereotypes Deceive Us provides a conceptual framework that can be used to understand the various epistemic faults associated with stereotypes and stereotyping. Chapter 7 begins the task of developing this framework by assessing the adequacy of existing epistemological frameworks to the task of capturing the epistemic faults associated with stereotyping. Existing epistemological frameworks are categorized as upstream, downstream or static approaches. It is found that each of these types of approach has strengths and shortcomings with regards to the task of capturing the epistemic faults associated with stereotyping. It is argued that a full and complete account of the epistemic faults associated with stereotyping should therefore be pluralistic, drawing on the advantages and avoiding the shortcomings of each of the types of approach to epistemology.
Evaluative Dispositionalism
Authors: Puddifoot Katherine
Published: September 2021

This chapter outlines a new epistemic framework that can be used to capture the epistemic faults associated with stereotyping: evaluative dispositionalism. Those applying this framework to assess stereotypes and stereotyping will consider the dispositions associated with believing a stereotype. In particular, they will evaluate the whole dispositional profile of a belief: the dispositions manifest in forming the belief and those possessed due to believing. Evaluative dispositionalism is shown to have various advantages: it is suitably pluralistic yet simplistic and unifying; it provides a satisfying response to cases; it provides guidance on how to improve our ways of thinking; and it has the potential to perform important social and moral roles.
Technocratic internationalism
Authors: Steffek Jens
Published: September 2021

This chapter is dedicated to the guiding concept of the book and its grounding in social theory. Technocratic internationalism, it is suggested, should be understood with the help of modernization theory, in general, and Max Weber’s account of the expert bureaucracy, in particular. Weber’s theory of universal rationalization is associated with the advance of explicit rules, formal procedure, technical expertise, and disciplined communication in governing modern societies. These elements come together in Weber’s concept of the modern expert bureaucracy that is technically superior to pre-modern forms of public administration. The historical evidence shows that Weber feared bureaucratic modernization, because it eroded individual liberty and creativity. These internal tensions and ambiguities of technocratic modernity are a recurring theme in this book. The second part of the chapter explores the construction of an intellectual tradition. It clarifies how technocratic internationalism is a concept introduced ex post for analytical purposes: a heuristic tool that renders a strand of international theory visible, simply by giving it a name and suggesting that writings from different historical periods have enough traits in common to form such a tradition. The chapter also elaborates on the selection of authors and writings included in this volume.
Prophets of international technocracy
Authors: Steffek Jens
Published: September 2021

This chapter is focused on the emergence of technocratic internationalism. The first section shows how praise for rational public administration developed in philosophy. It discusses Henri de Saint-Simon’s ideas about the virtues of expert government; the utilitarianism of Jeremy Bentham and John Stuart Mill; and how German philosopher Georg Friedrich Wilhelm Hegel idealized Prussia’s efficient bureaucracy. From these philosophical foundations, the chapter proceeds to the professionalization of public administration that in the 19th century took place in all industrialized countries and some of their colonies. The trend spilled over to the international level in the form of the ‘international public unions’, expert bodies with administrative tasks which ignited the imagination of technocratically inclined visionaries. Having sketched the historical context, the second part of the chapter presents the first programmatic proposals for bureaucratic international governance. They were tabled in the 1880s, when international lawyers moved from an analysis of these public unions to a programmatic vision of international relations managed by these bodies. The discussion zooms in on the Russian law scholar Pierre Kazansky and the American political scientist Paul S. Reinsch, whose respective works offer clear examples of how colonialism influenced early thinking about international organizations.
Experts without borders
Authors: Steffek Jens
Published: September 2021

This chapter presents liberal varieties of technocratic internationalism from the interwar years. The first section sketches the tumultuous situation at the end of the First World War to set the stage for this discussion. Wartime cooperation among the Western allies became a point of reference for internationalism of the executive top-down type. The work of two British internationalists, James Arthur Salter and H. R. G. Greaves, illustrates this type of internationalism, and is the focus of the second section. These authors envisaged the economic and technical branches of the League as a continuation of the wartime ‘executives’ among the Western allies. The American Pitman B. Potter linked his vision of international expert administration to otherwise Wilsonian ideas about an international rule of law and the primacy of security. The third section is devoted to the more utopian kinds of technocratic internationalism of the interwar years. They are represented here by Leonard Woolf and G. D. H. Cole who applied ideas of functional government to the domestic and international level alike. The final section of the chapter turns to David Mitrany who developed the functional approach to international organization more systematically. It shows how Mitrany combined the pragmatic and utopian elements of technocratic internationalism into a new synthesis.
Transnational planning
Authors: Steffek Jens
Published: September 2021

This chapter is dedicated to non-liberal varieties of technocratic internationalism. The focus is on two largely forgotten authors who represent technocratic internationalism in the fascist and socialist context. I first consider the international theory of Giuseppe De Michelis, a Geneva-based Italian diplomat who developed a fascist approach to international cooperation. What he proposed in the early 1930s was a system of global economic governance coordinated by a powerful international organization. Projecting Italian corporativism to the international level, De Michelis envisaged a global scheme to allocate capital, labour, and raw materials, with a united ‘Eurafrica’ as avant-garde. The second part of the chapter considers the work of Francis Delaisi, a French political economist and journalist of the same generation. Delaisi was a syndicalist who late in his life came to sympathize with the way the Nazis re-organized the German economy. He was the author of the so-called ‘Delaisi plan’, a scheme of transnational public works intended to unite the European continent. The idea behind this plan, presented in 1931, was to bring together the ‘two Europes’ that he found to co-exist on the same continent: the industrial core in the North-West on the one hand and the far less developed areas in Eastern and Southern Europe on the other.
Working the machinery
Authors: Steffek Jens
Published: September 2021

This chapter explores how technocratic internationalism found new fields of application in international development and regional integration. During the 1950s and 1960s, a new generation of international organizations began to work on the socio-economic tasks that functionalists had recommended for international action. With the expansion of the United Nations system of organization, global governance took a markedly technocratic but also a welfarist turn. In this explicit orientation towards human welfare and concrete projects, they differed from the technical standard setting organizations active since the 19th century. The concept of socio-economic development was congenial to functionalists since its promise of progress is linked to the technocratic belief in technical solutions. Functionalism also became a textbook doctrine for European integration, with the European Coal and Steel Community of 1951 as a direct product of functionalist thinking. This chapter also discusses the professionalization of political science in the 1950s and 1960s, where scholars began to perceive Mitrany’s ideas as ‘reformist ideology’ rather than as a serious theory of international organization. To remedy these defects, American political scientist Ernst Haas re-formulated it as ‘neo-functionalism’. Although ostensibly an empirical-analytical approach eschewing normative commitments, neo-functionalism remained committed to the ideal of rationalized governance.
Belief, Inference, and the Self-Conscious Mind
Authors: Marcus Eric
Published: September 2021

It is impossible to hold patently contradictory beliefs in mind together at once. Why? Because we know that it is impossible for both to be true. This impossibility is a species of rational necessity, a phenomenon that uniquely characterizes the relation between one person’s beliefs. I argue that the unity of the rational mind—what makes it one mind—is what explains why, given what we already believe, we can’t believe certain things and must believe certain others in this special sense. And what explains this is that beliefs and the inferences by which we acquire them are constituted by a particular kind of endorsement of those very states and acts. This, in turn, entails that belief and inference are essentially self-conscious: to hold a belief or to make an inference is at the same time to know that one does. An examination of the nature of belief and inference, in light of the phenomenon of rational necessity, reveals how the unity of the rational mind is a function of our knowledge of ourselves as bound to believe the true. Rational self-consciousness is the form of mental togetherness.
The Self-Consciousness of Belief
Authors: Marcus Eric
Published: September 2021

I argue that to believe that p is to know that you believe that p and to know it simply by believing it. The following three premises entail the inseparability of belief from knowledge of belief: (i) S believes that p only if S is able to honestly assert that p; (ii) S is able to honestly assert that p only if S is able to avow the belief that p; and (iii) S is able to avow the belief that p only if S knows that she believes that p. I defend each premise from objections, paying special attention to the phenomenon of self-deception. I show that one can hold both that belief is essentially self-conscious and that people are sometimes wrong about what they believe. Ultimately, I use the theory of belief developed in chapter one to account for doxastic self-consciousness.
The Challenge for an Account of Inference
Authors: Marcus Eric
Published: September 2021

The Taking Condition looms large in recent discussions of inference: in inferring q from p, one draws the conclusion in light of one’s representing p as supporting q. This condition highlights two elements of inference. First, a causal element: via the inference, the subject arrives at a belief. Second, this arrival transpires in virtue of the subject’s endorsing the thought: p supports q. Inference thus joins two elements: one causal, the other evaluative. I show in this chapter that extant accounts fail to properly join these two elements. They fail because the two elements are not, as is generally assumed, separable. Inference is the endorsement of a thought that the ground supports the grounded and this endorsement amounts to a causal connection between the corresponding beliefs. The difficulty is in seeing how a thought could not merely register the presence of, but actually constitute the causal relation between beliefs.
Inference without Regress
Authors: Marcus Eric
Published: September 2021

A central obstacle for an account of inference is to show how it is possible to satisfy the Taking Condition without engendering a vicious regress. This is the lesson of Carroll’s Paradox. The basic difficulty is this: whatever knowledge one employs in judging that the premises support the conclusion would seem itself to be part of what supports the conclusion, thus requiring a further piece of knowledge. I argue that inferring is a matter of understanding the relevant propositions well enough to recognize that it is impossible for premises that one accepts to be true and the conclusion to be false, so that one sees the conclusion as what must be true, thereby believing it. Nothing more is required for inference than the proper understanding of premises and conclusion.
Criminological Reformism and Transnational Criminal Law (1870s–1930s)
Authors: Pifferi Michele
Published: September 2021

Michele Pifferi focuses his attention on the generally ignored fact that in the late 19th and early 20th centuries influential criminological reformers relied heavily on the notion of ‘social defence’, which provided a foundational conceptual justification for the modernization of approaches to the transformation of criminal law to meet transnational criminal threats. He shows how they used international associations such as the AIDP as venues for developing their ideas about modernization of practices and institutions, and then used these associations to influence state practice through treaty making.
The Growth of the Multilateral Suppression Conventions in the First Half of the 20th Century
Authors: Boister Neil
Published: September 2021

Neil Boister surveys the history of the crime suppression conventions from the beginning of the 19th century but with the main focus being on the inter-war period in the 20th century. He shows how the indirect system of application through national criminal law and sustained respect for what might be called penal sovereignty made it difficult for scholars of the day to incorporate these offences within a grand scheme of international criminal law.
A Short History of Smuggling of Migrants in International Law
Authors: Schloenhardt Andreas
Published: September 2021

Andreas Schloenhardt describes how the turn to criminalization of migrant smuggling has to be seen against the background of the post-Cold War period and the clamp-down by Western states on smuggling across their borders, reconstructed now as a security threat. The fact that this criminalization remains in tension with the relative neglect of migrant’s human rights he argues, reveals the true nature of the Protocol as a suppression convention.
The Origins of International Anti-Corruption Law
Authors: Rose Cecily
Published: September 2021

Cecily Rose uses the failed negotiation of an agreement about illicit payments in the UN in the 1970s to throw light on how the international legal definition of corruption became constricted to a narrow focus on bribery even though developing states were seeking a broader instrument that included ethical standards for transnational corporations to control rampant corporate corruption and political interference in developing states.
The Illicit Trade in Cultural Objects
Authors: Visconti Arianna
Published: September 2021

Trying to explain why it has taken so long, Arianna Visconti traces the relatively recent evolution of attempts to suppress the trafficking in cultural objects towards criminalization. She sets out how the halting attempts to criminalize in the failed Council of Europe’s Delphi Convention have reached only potential fruition in the latest pure criminal law treaty, the Council of Europe’s 2017 Nicosia Convention, and questions whether criminalization really is the solution.
A Historical Perspective on Modes of Liability in Transnational Criminal Law
Authors: Petzsche Anneke
Published: September 2021

Anneke Petzsche explores, through analysis of the provisions on modes of responsibility in the suppression conventions, whether there is a general part of transnational criminal law. While the suppression conventions have spelled out the conduct elements of the offences, and latterly paid more attention to differentiating perpetration and participation, nevertheless, she argues that the necessary margin of domestic appreciation given to states when criminalizing, a margin of appreciation that preserves domestic doctrinal coherency, disrupts the coherence of any general part.
The Making of Modern International Extradition Law
Authors: Harrington Joanna
Published: September 2021

Joanna Harrington traces the development of modern extradition law back to the 19th century. Against a background of interactions between different states legal systems, the impact of peace treaties, the impact of the law of asylum, the growing use of multilateral treaties and the importance of counter-terrorism law, she conducts us on a tour of the principal flash-points in extradition, and the measures such as the political offence exception, and exceptions to this exception, taken to defuse them.
The Global Commons and Common Interests: Is there Common Ground?
Authors: Oral Nilufer
Published: September 2021

The global commons, or common areas, are those areas that lie beyond the national jurisdiction and control of any state. In general, these areas include the deep seabed, the high seas, the atmosphere, the Moon and outer space, and Antarctica. However, other than falling under a common nomenclature there is no common regime that applies to these common areas, or global commons. This chapter examines the different regimes of common heritage, common concern, and the freedom of the high seas, as they apply to the different global commons looking at the specific case of the new international legally binding instrument for conservation and sustainable use of biological diversity in areas beyond national jurisdiction under negotiations at the United Nations. In conclusion the legal landscape that emerges for the global commons is one more of variation than commonality.
Can Multilevel Trade Governance Protect Global Public Goods without Constitutional Restraints?
Authors: Petersmann Ernst-Ulrich
Published: September 2021

Legal history confirms that general interests of citizens can be protected most effectively through ‘democratic’ and ‘republican constitutionalism’ protecting constitutional rights and remedies of citizens and of their democratic and judicial institutions to hold governments accountable for providing public goods (PGs). Yet, the United Nations (UN), World Trade Organization (WTO), and related multilevel governance institutions do not effectively protect general interests and corresponding rights of citizens. The inadequate legal, democratic, and judicial accountability of intergovernmental power politics entails that – outside Europe’s multilevel ‘common market constitutionalism’ and ‘human rights constitutionalism’ – many governance institutions fail to protect transnational PGs effectively. This contribution explains why – even if ‘global democracy’ remains a utopia – today’s universal recognition of ‘inalienable’ human rights and of related constitutional principles requires re-interpreting the power-oriented ‘international law of states’ as multilevel governance of transnational PGs for the benefit of citizens and their constitutional rights.
Water as an Impure Global Public Good and the Impact of Procedural Rights on its Protection
Authors: Staiano Fulvia
Published: September 2021

The achievement of ‘universal and equitable access to safe and affordable drinking water for all’ is among the goals set by the 2030 Agenda for Sustainable Development. This objective is related to the recognition of water as a human right, and to the qualification of water as a vital resource to preserve. This chapter reflects on the possibility of qualifying water as a global public good (albeit an impure one). To this end, and without any pretence of exhaustiveness, the chapter examines significant examples from international and domestic jurisprudence that show an emerging judicial awareness of the broader collective impact of questions related to the preservation of and access to water. In this context, specific attention is paid to the role played by environmental non-governmental organizations (NGOs) in fostering such awareness, thanks to the recognition of procedural rights before international and domestic courts.
Protecting the Atmosphere as a ‘Global Common Good’
Authors: Bakker Christine
Published: September 2021

Atmospheric degradation has progressively been recognized as an international concern and several conventions have been adopted to regulate harmful activities. Nevertheless, international law on the protection of the atmosphere is still fragmented, and insufficient to respond to the multiple threats that it faces. This chapter aims to consider what are the possibilities and constraints in international law for recognizing the atmosphere as a global common good. The author examines: (i) what would be the legal consequences of recognizing the atmosphere as a global common good or as a common concern of humankind; (ii) whether the applicable international law already includes any references to the recognition of the atmosphere as such; and (iii) what are the challenges and constraints for doing so.
Enhancing ICJ Procedures in Order to Promote Fundamental Values
Authors: Almeida Paula Wojcikiewicz
Published: September 2021

By developing international law, international courts – ‘intermediate Global Public Goods (GPG)’ – can also contribute to the protection and promotion of final GPG. The International Court of Justice (ICJ), in particular, is capable of promoting GPG by adjudicating inter-state claims. However, one of the main obstacles faced by the World Court relates to the existing tension between the bilateral nature of its own proceedings and the multilateral nature of the conflicting substantive law. Considering that procedure may guide and shape the application of substantive law, it will be argued that it should itself be interpreted and developed in a manner to ensure community interests. This chapter argues that the Court should assume expanded procedural powers in order to ensure the effective application of substantive law whenever GPG are at issue. Most procedural rules can be adjusted and tailored for multiparty aspects with the aim of protecting community interests and enhancing the international court’s legitimacy.
The UN Sustainable Development Goals and the Governance of Global Public Goods
Authors: Huck Winfried
Published: September 2021

This chapter analyses the relationship between global public goods (GPGs) and Sustainable Development Goals (SDGs). It argues that the Global 2030 Agenda of the United Nations constitutes an example of how the concept of GPGs has been given a normative dimension in international law, as well as of the difficulties that may be encountered in the process of operationalization of GPGs. The normative framework for the implementation of the SDGs relies on the use of indicators to evaluate state performance in achieving the SDGs. The choice of such indicators is crucial for appropriate decision making. However, both the usefulness and the legitimacy of indicators have been put into question. The chapter contends that the indicators are in fact normative – and intrinsically politically-driven – instruments. For this reason, the development of a global indicator framework should be expected to follow a democratic procedure involving all the relevant stakeholders.
Fences, Fiction, and the Magic Mountain
Authors: Schmalz Dana
Published: September 2021

How to allocate responsibility for refugee protection between states forms a salient question in international refugee law. Explicit principles are lacking, yet there is a growing consensus that the issue of responsibility-sharing relates to the system’s most salient deficiencies. Within Europe, the sharing of responsibility for refugees is equally contested. Explicit legal rules exist within the Common European Asylum System (CEAS) of the EU on the one hand, and the European Convention of Human Rights (ECHR) on the other. The chapter explores the schemes of responsibility-sharing that underlie these two frameworks, the scheme of layered responsibility under the ECHR, and the scheme of alternative responsibility under the Dublin legislation of the CEAS. It discusses the respective implications for the regulation of borders and safeguarding of rights. It points to the role of individual procedural rights arguing that lessons can be learned from the European case which can also apply to the international level.
Towards a Theory of Secessionism in Liberal Democracies
Authors: Lecours André
Published: September 2021

This chapter uses the controlled comparison along with the additional cases considered in the previous chapter to sketch a theory of secessionism in liberal democracies. The essence of this theory is that static autonomy stimulates secessionism while dynamic autonomy staves it off. Static autonomy does not adjust to changing circumstances, which pushes members of an internal national community towards independence. In other words, static autonomy generates incentives for supporting secessionism. Differently put, the dissonance between a static institutional order and the evolving socio-political order of the internal national community generates tension, which comes out in the form of secessionism. In contrast, an autonomy that adjusts and/or expands in time keeps pace with processes of construction and expression of national identity, and of definition of national interests, as they unfold in the internal national community. An autonomy that is dynamic means that the institutional order of the internal national community remains congruent with its socio-political order. When citizens of such community expect that their collective autonomy will evolve, incentives to support secession are reduced. The chapter also discusses the sources for static and dynamic autonomy. It explains that static autonomy is more likely in states that have a mononational view of the country or where the internal national community is central to the country’s politics and economy while static autonomy is more probable in states that have a multinational understanding of the country or where the internal national community is marginal from a demographic, economic, and political perspective.
Conclusion
Authors: Lecours André
Published: September 2021

The last chapter looks at the research and policy implications of the theory of secessionism sketched in this book. The chapter argues that nationalist movements will continue to be enduring components of some liberal-democratic states. Hence, states should consider these movements as democratic actors whose claims require continuous responses rather than as troublemakers bringing problems that should be solved once and for all. The chapter also comes back to the cases examined in the book in order to analyse the impact of the state’s approach to autonomy for the internal national community and for the multinational country as a whole, and to discuss the potential consequences of the implementation of one or the other form of autonomy for unity.
Sustainability and Green Capital Accumulation
Authors: Ponte Stefano
Published: September 2021

This chapter highlights how sustainability and green capital accumulation go hand in hand, operating on the back of a structural logic that allows the extraction of value from producers as they attempt to improve their environmental performance. The case study of the wine industry in South Africa is, at a superficial level, a success story of economic and environmental upgrading and of improved international competitiveness. However, the growing concentration of the wine industry globally has come together with increased bargaining power by retailers and international merchants, which is leading to a cascade of squeezed margins upstream all the way to grape and wine suppliers. This chapter shows that: (1) sustainability is used opportunistically by global ‘lead firms’ for marketing, reputational enhancement, and risk management purposes; (2) South African value chain actors and institutions have invested heavily in portraying the industry and individual companies as caring for the environment; and (3) major economic and environmental upgrading processes in the South African wine value chain have taken place, but have not led to positive economic outcomes for most domestic players. Collectively, these lessons suggest a combined process of capital accumulation by lead firms, coupled with a process of supplier squeeze.
The Political Economy of Structural Transformation
Authors: Mondliwa Pamela , Roberts Simon
Published: September 2021

This chapter examines the evolution of the political settlement in South Africa, which is critical for understanding its structural transformation path as well as for the reconfiguration of industrial policy. The success or failure of countries to drive structural change is understood in terms of the extent to which the political settlement, or governing coalition of interests, supports the growth of diversified industrial activities with higher levels of productivity. The chapter analyses why and how, despite the developmental agenda of the ruling African National Congress (ANC), South Africa has failed to achieve its production transformation. The chapter finds that the political settlement forged around South Africa’s transition from apartheid to democracy created the conditions for a corporate restructuring of the economy characterized by high profitability, despite low investments. This has involved power entrenchment in large incumbent organizations and coalitions of rentieristic interests, which have undermined necessary industrial policy enforcement. Persistent high unemployment and inequality have fuelled dissatisfaction and contestation over the core objectives of a more developmentalist state. Industrial policies have also been undermined by the fragmentation of the state, leading to misaligned policies.
Origin of the Type III Functional Response
Authors: DeLong John P.
Published: September 2021

In this chapter I review the many ways that functional responses may show a sigmoidal shape rather than the simpler asymptotic shape. I break down the potential for prey dependence of the space clearance rate through effects on each of the component mechanisms. Given the emergent nature of the functional response, type III curves can arise through density dependence of the probability of successful capture, prey detectability, and predator–prey encounter rates. Given the variety of mechanisms, it may be possible that there are really multiple types of type III curve. I also raise some concerns with the standard type III model and offer an alternative model that gets around these problems.
Good for the Souls
Authors: Kizenko Nadieszda
Published: September 2021

The rite of confession played a unique role in the legal, political, social, and cultural worlds of imperial Russia from the moment that Tsars as well as hierarchs realized that having their subjects go to confession could make them better citizens as well as better Christians. For three centuries, confession became a political tool, a devotional exercise, a means of education, and a literary genre. It defined who was Orthodox, and who was ‘other.’ From first encouraging Russian subjects to participate in confession to improve them and integrate them into a reforming Church and State, Church and state authorities working hand in hand turned to confession to integrate converts of other nationalities. But the sacrament was not only something that state and religious authorities sought to impose on an unwilling populace. Confession could provide an opportunity for carefully crafted complaint. What state and church authorities initially imagined as a way of controlling an unruly population could be used by the same population as a way of telling their own story, or simply getting time off to attend to their inner lives. This book brings Russia and Ukraine to the rich scholarly and popular literature on confession, penance, discipline, and gender in the modern world, and in doing so opens a key window onto church, state, and society. It brings together sources and discourses that are usually discussed separately. It draws on state laws, Synodal decrees, archives, manuscript repositories, and Consistories in Moscow, St. Petersburg, Kyiv, and Kazan. It also uses clerical guides, sermons, saints’ lives, works of literature, and visual depictions of the sacrament in those books and on church iconostases. Russia, Ukraine, and Orthodox Christianity emerge both as part of the European, transatlantic religious continuum—and, in crucial ways, distinct from it.