bluuebunny/crossref_metadata_2025 huggingface dataset:
Agencies (Frontex and Asylum Agency)
Authors: Thym Daniel
Published: June 2023

Frontex and the Asylum Agency have received stronger mandates and have started hiring abundant new staff on the basis of a substantial increase in funding. While the Asylum Agency concentrates on information gathering and the quality and coherence of asylum procedures and reception conditions, Frontex increasingly assumes operational functions. Supranational staff and seconded national personnel assist Member States under pressure. In addition, cooperation with third states appears to become a focal point of future activities. ‘Pushback’ allegations and controversies about agency involvement in ‘hotspots’ underline that enhanced powers must go hand in hand with stronger accountability, both with regard to internal governance and external oversight. Challenging the behaviour of the agencies before the Court in Luxembourg is complicated by the rules on standing, case law on composite procedures, and the primary responsibility of host states of Frontex and EUAA missions under the mandate.
Databases
Authors: Thym Daniel
Published: June 2023

Recent years have witnessed a constant trend towards ‘function creep’ at the EU level, with the creation of new databases, the collection of ever more information, and the extension of access rights. The new legislative and technical infrastructure for the SIS, Eurodac, the Visa Information System, ETIAS, and the Entry/Exit System were being put into effect at the time of writing. Doing so will mark a turning point for one of the most vibrant areas of European migration law. The prospect of interoperability and the advent of automated processing will increase the practical, political, and conceptual significance of the databases. To understand these highly complex provisions is not easy and may be one of the reasons why databases receive little attention. That should change. Data protection laws are the most important legal control standard, to be assessed by courts and other mechanism of preventive or reactive supervision.
Common European Asylum System
Authors: Thym Daniel
Published: June 2023

EU asylum legislation is the object of protracted policy debates and defines the work of many practitioners. Reiterating the idea behind a reference book, we describe the political and theoretical framework, introduce newcomers to core features of the supranational legislation, and provide a reliable inventory of more than 100 Court judgments. Structural deficits of the Common European Asylum System are discussed together with reform proposals and emerging themes, such as climate change. The evolution of European asylum law over the past decades can be described as a history of half-hearted commitment. Our thematic comments on the contents of the legislation, the case law, and the views of different actors follow the structure of the supranational rulebook on asylum. Each section discusses one instrument: asylum jurisdiction; asylum procedures; criteria for refugee status and subsidiary protection; temporary protection; reception conditions; the legal status of beneficiaries of international protection; resettlement and other legal pathways. Chapter 13 presents both the small print, which informs the legal practice, and the broader legal and conceptual repercussions of the different pieces of legislation.
Integration and Settlement
Authors: Thym Daniel
Published: June 2023

First admission sets in motion a process of status change, which culminates in the acquisition of long-term resident status or nationality. Many third country nationals benefit from residence security and equal treatment, thus turning them into members of the societies they live in. A comprehensive analysis of integration policies must go beyond the explicit and implicit integration conditions enshrined in the migration law instruments. Other state policies and contextual factors are equally important, in light of a holistic understanding of migrant integration encompassing different forms of structural inclusion, social integration, and cultural affiliation. Think of the welfare state or schooling. In this overall context, the contribution of migration law is limited. Mandatory integration conditions have received much attention, especially language skills as a precondition for family reunification. Judges accepted their legality, subject to a hardship clause. Furthermore, many migration law instruments provide for equal treatment. Chapter 15 demonstrates the legal characteristics and the practical implications of these provisions, with a special emphasis on the welfare state. The very idea of equal treatment with nationals of the receiving society and the limited inroads of EU law on the acquisition of nationality reaffirm our general conclusion that European migration law cannot be adequately understood without considering the national level.
Association Agreements with Neighbours
Authors: Thym Daniel
Published: June 2023

Speaking of ‘European migration law’ does not exhibit quasi-imperial claims towards European countries which prefer not to join the EU or wait to be admitted. Association agreements and international treaties establish concentric circles with different degrees of participation. While Norway, Iceland, and Switzerland subscribe to the free movement of persons and are associated with the Dublin and Schengen rulebook, subject to few caveats, the UK stays outside. There is currently no enhanced cooperation with the UK on free movement or migration control, besides the protection of acquired rights under the Withdrawal Agreement and transnational social security coordination with respect to persons being admitted on the territory in the years to come. The status of Turkish nationals residing in the Member States on the basis of the Ankara Agreement of 1963 and follow-up decisions has given rise to many Court judgments which increased the level of protection significantly. Judges established a de facto permanent residence for former ‘guest workers’ and their families, which equally embraces Turkish nationals entering nowadays. By contrast, association agreements with other neighbours to the South and East contain few provisions on legal migration nowadays. The management paradigm of justice and home affairs has replaced the single market model as the focus of attention.
Introduction
Authors: Edwards Mark Thomas
Published: June 2023

The Introduction begins in the middle of things with Lippmann’s coining of the term “Cold War.” He did that while offering a relentless critique of American anticommunist foreign policy. That critique reflected Lippmann’s ambivalence toward civil religions, a defining characteristic of his career as a global opinion columnist. Lippmann’s spiritual development and commentary is then contextualized within broader histories of “post-Christianity,” Progressivism and pragmatism, the Spiritual but Not Religious (SBNR) and the Religious but Not Spiritual (RBNS), and the strong-state liberal tradition of Teddy and Franklin Roosevelt. Lippmann’s one-man mission to save American democracy from itself combined personal, political, and pastoral ambitions.
The Prophet, 1939–1949
Authors: Edwards Mark Thomas
Published: June 2023

Chapter 5 considers Lippmann’s critical take on American foreign policy during World War II and the Cold War. Lippmann had been a Wilsonian since World War I in that he thought America needed to play a leading role in the world. Yet he had also been a realist , demanding that the United States recognize the limits of its worldmaking power. Lippmann played the role of prophet during World War II, constantly warning America’s leaders and countrymen to protect the “Atlantic Community” at all costs and to lower their expectations for what a United Nations could accomplish. He carried that message into the “Cold War” he named, advising the Truman administration to free Europe from both Soviet and U.S. occupation. Lippmann became one of the most recognized outsider-insider critics of American foreign policy while offering nuanced support for almost every Cold War initiative. The chapter begins and ends with a look at Lippmann’s religious writings which continued to shape his politics and diplomacy.
The Shepherd, 1949–1960
Authors: Edwards Mark Thomas
Published: June 2023

Chapter 6 shows how Lippmann’s worries about the country’s diplomacy led him to argue for a stronger executive and for a more enlightened republic. Lippmann interpreted U.S. misadventures in Asia and the Middle East as a spiritual crisis of leadership. He returned to prewar arguments that Americans needed a new consensus or “public philosophy” affiliated with Western Christian traditions. That cultural conservativism, however, did not stop Lippmann for lobbying on behalf of new Keynesian stimuli so that the country could outlive it Soviet rivals. Countrymen ignored his demands for a new public philosophy yet celebrated him as never before. Lippmann continued to try to thaw the Cold War but now through exclusive interviews with Soviet Premier Nikita Khrushchev. All the same, he remained a problematic (or emblematic) representative of liberalism, still maintaining a certain blindness toward women and the civil rights movement.
Tense and emotion
Authors: Prosser Simon
Published: June 2023

Arthur Prior’s (1959) ‘Thank Goodness’ argument raised the question of why we should feel relief when a bad event is over, but not when it is in the future. This was initially regarded as a challenge for the B-theory. The standard B-theory reply is that this is an example of the more general phenomenon of the essential indexical (Perry 1979). Recent scepticism about the essential indexical and the special role of the first-person perspective (Millikan 1990; Cappelen and Dever 2013; Magidor 2015) has mainly focussed on the explanation of actions. By looking closely at Prior’s example, which concerns the appropriateness of emotions, an explanation is developed in terms of a particular way of understanding the notion of egocentricity. This makes clear what is going on in Prior’s example, without recourse to a tensed metaphysics of time, and also provides a response to sceptics about the first-person perspective.
An exploration into construals of subjective time in poetry
Authors: Piata Anna
Published: June 2023

Can poetics illuminate our understanding of human time? This is the question that this chapter sets forth to address on the assumption that the expression of time, however creative, taps into its experience. The experience of time is examined in relation to three distinct mental representations: the order of events; the passage of time; and duration. The analysis of time in poetry reveals a phenomenological experience that is far from being uniform and homogeneous, which is generally referred to as subjective time. While they extensively draw on metaphor, the time expressions in the poems probe figurative construals that go beyond metaphor. It is thus argued that the processing of these expressions is likely to involve a mental simulation of temporal experience in line with the tenets of embodied cognition. The chapter concludes by addressing the opportunities and the challenges that ensue from the study of time representations in poetry.
The 2D past
Authors: Forbes Graeme A.
Published: June 2023

The ‘When Am I?’ problem, introduced by Bourne 2002, 2006, and Braddon-Mitchell 2004, creates a problem for thinking that the past is just like the present, and responses by Forrest 2004 and Forbes 2016, in which activities and processes are distinctive of the present, suggest that the past is settled. This chapter argues that the ‘When am I?’ problem arises because it takes tense metaphysically seriously but not aspect. The solution of invoking processes and activities takes aspect as seriously as tense. A two-dimensional (2D) framework explains the relationship between completed processes (associated with perfective aspect) and ongoing processes (associated with progressive aspect), also explaining cases where facts about the past seem to have changed retrospectively, and cases, building on Forbes and Wildman (2022), where meanings of words have changed over time. It allows that what’s true has changed while accepting that the past is intrinsically settled.
Underspecified temporal semantics in Pirahã
Authors: Everett Daniel L.
Published: June 2023

Pirahã tense is interesting because non-transparent temporal interpretations require more information than the syntax (or the pragmatics) provides. Moreover, not only are temporal interpretations in Pirahã underdetermined by Pirahã syntax, but this underdetermination provides yet more evidence against what one might label ‘naive compositionality’—the idea that meanings are provided Montague-style by mappings from syntax to semantics. However, if we reinterpret compositionality as a subtype of inference in the Peircean sense, we are able not only to understand better some peculiarities in the relationship between Pirahã language and cognition but also to predict (as per Everett 2017 and Barham and Everett 2020) ‘degrees of fit’ between morphosyntactic structures, meanings, and cultures across languages, leading to an informal typology of language types that includes languages without sentential recursion (e.g., but not limited to, Pirahã). Finally, Pirahã temporal semantics is interesting because it forces an adjustment of Reichenbach’s theory of tense
Developmental Environmentalism
Authors: Thurbon Elizabeth , Kim Sung-Young , Tan Hao , Mathews John A
Published: June 2023

Why has East Asia emerged as the global leader in green energy industries but—until recently—lagged on carbon emission reduction? What is new and distinctive about East Asia’s approach to the green energy transition? And what does this approach mean for the world? This book provides the first comprehensive account of East Asia’s green energy shift. Through an analysis of the ambitious national strategies of China and South Korea, the authors show how state actors have pursued a distinctively East Asian approach to transforming their energy systems, involving first the rapid creation of new green energy industries and then the coordinated destruction of fossil fuel incumbencies. This approach—described as ‘developmental environmentalism’—is aimed at establishing East Asian economies as leaders in the green industries of the future, while at the same time addressing the pressing environmental, social, and political problems associated with the carbon-intensive industries of the past. To execute their analysis, the authors synthesize insights from cutting-edge Developmental State and Schumpeterian theorizing. They show how state actors in East Asia are engaging in a sophisticated kind of economic statecraft, strategically harnessing the capitalist market dynamics of ‘creative-destruction’ to advance their transformative green ambitions through green growth. They also assess the implications of developmental environmentalism for developed and developing countries, and the future of the global green shift in an era of geostrategic rivalry.
Northeast Asia’s Performance in the Green Energy Shift: What Does the Data Reveal?
Authors: Thurbon Elizabeth , Kim Sung-Young , Tan Hao , Mathews John
Published: June 2023

In this chapter, we begin to evidence our central claims about Northeast Asia’s green energy shift by homing in on the macro-level data. We pay particular attention to the question of what this data might reveal—and conversely what it might not reveal (or even obscure)—about the degree, dynamics, and direction of the shift in question. Following a detailed discussion of the data, we outline four reasons why we should be cautious about making assumptions about the nature and trajectory of Northeast Asia’s clean energy shift on the basis of macro data alone. We argue that to fully illuminate and account for the pattern of the shift in question—and to anticipate its most likely future trajectory—it is imperative to engage in detailed longitudinal case study analysis that pays serious attention to both state ambitions and capitalist market dynamics—and the symbiotic relationship between the two.
A Novel Analytical Framework
Authors: Thurbon Elizabeth , Kim Sung-Young , Tan Hao , Mathews John
Published: June 2023

In this chapter we present a novel analytical framework designed to both illuminate and explain East Asia’s distinctive approach to the green energy shift—and to predict its most likely future trajectory. Our approach is distinctive because it pays serious attention to both state ambitions and capitalist market dynamics—and the symbiotic relationship between the two. Our framework synthesizes and extends cutting-edge Schumpeterian and developmental state theorizing to produce a comprehensive explanation of the drivers, dynamics, and direction of Northeast Asia’s green energy transition. We also explain how our framework—centred on developmental environmentalism—relates to existing concepts like green growth (popularized in South Korea) and Ecological Civilization (popularized in China).
Creative-Destruction in Korea’s Hydrogen Fuel Cell Electric Vehicle Industry
Authors: Thurbon Elizabeth , Kim Sung-Young , Tan Hao , Mathews John
Published: June 2023

In this case we detail and explain the Korean government’s strategic activism in the Fuel Cell Electric Vehicle arena, and its distinctive pattern of progress towards greening the auto industry more broadly. We ask: what has motivated the state to become so involved in green car industry creation, especially in the arena of FCEVs? How have Korean policymakers pursued their ‘creative’ ambitions? Why has the government appeared more ambitious and active in ‘green car’ industry creation than in ICE vehicles industry destruction? To what extent is this ‘creative-destructive’ misalignment now resolving? What factors are driving this realignment, and what obstacles to a fully green shift remain? To address these questions, we divide the case study into three parts, structured temporally. This allows us to both demonstrate and explain the varying degrees of alignment between the state’s ‘creative’ and ‘destructive’ ambitions and capabilities from the 1980s to the end of 2021
The Global Green Shift in an Era of Geostrategic Rivalry
Authors: Thurbon Elizabeth , Kim Sung-Young , Tan Hao , Mathews John
Published: June 2023

In this chapter we tease out the implications of our findings for broader debates about the global green shift in an era of geostrategic competition. Techno-industrial policymaking is now taking on a distinctly new geostrategic flavour in Northeast Asia. In both China and Korea, the state’s strategic activism in the green energy arena has morphed into a kind of domestically-oriented economic statecraft. In sharp contrast to the developmental period, industry creation initiatives are now aimed not simply at ‘catching up with the west’ in generic terms, but at keeping up with, ahead of, or outflanking clearly identifiable specific challengers. More than anything else, it is this growing geostrategic competition that will henceforth shape the dynamic of the global green shift and determine its future trajectory. In this context, we conclude by asking whether North East Asia’s approach of developmental environmentalism might provide a model for other countries.
Response
Authors: Eshleman Kendra
Published: June 2023

This chapter concludes the section on performative competition, responding to the preceding chapters by Dolganov and Salas. It focuses on the people ancillary to the main actors in the legal and medical competitions described in those contributions. By drawing out the audience members and supporting cast in these events, it underscores that the results of competition in these fora depended at least as much on the creation of a visible consensus and the negotiation of power dynamics as on any establishment of empirical facts. Thus, the social situation—the audiences and the ways in which those audiences reacted—critically informed these performative conflicts and thus the fields themselves.
Medical Literature and Medicine
Authors: Bubb Claire
Published: June 2023

This chapter queries the aspects of Roman medical literature specific to its cultural milieu that transcend utilitarian medical practice. It begins by surveying the reception of Galen’s oeuvre in later centuries, highlighting which texts were copied and which have been lost due to disinterest. Following on these results, it considers two topics which later medical practitioners deemed to be less pragmatic and which are, therefore, more likely to be culturally specific artifacts of Roman medicine: the extensive commentaries and philological work on the texts of previous medical authorities, both Hippocratic and non-Hippocratic, and the reportedly avid interest in therapeutically irrelevant anatomy. It argues that both of these topics, equally popular with Galen and with his peers, served socially specific needs for the Roman doctor.
How Does Philosophy Compare?
Authors: Trapp Michael
Published: June 2023

This chapter offers a conclusion to the volume as a whole by considering philosophy as a potential comparandum for law and medicine. It addresses each of the three section topics for the volume in turn and compares the situation in philosophy vis-à-vis those in law and medicine. It begins by exploring the tension between the theoretical and the practical in philosophical literature, as compared to its two more technical counterparts, and how this relates to its claim on pragmatism. It then turns to the complex attitude of philosophers towards rhetoric. Finally, it addresses the ways in which imperial philosophers navigated the public and competitive world in which they lived.
From Genocidal Imperialist Despotism to Genocidal Neocolonial Dictatorship
Authors: Agozino Biko
Published: June 2023

Colonizers tend to adopt the ideology of the Empire of Law to normalize the despotic means of domination that characterize imperialism. They tend to believe that the colonized were living under Asiatic despotism before the colonizers arrived with the civilizing mission or the white man’s burden of bringing Enlightenment to dark natives. Records of genocidal crimes organized by the colonizers tend to be rationalized as essential for the purpose of teaching the natives some moral lessons through pacification and sadistic domination. This legalistic interpretation of colonial plunder was framed by Henry Maine in his book about the rule of law under British colonization in India where the common law was relied upon to directly govern areas with significant European presence while the vast expanse of the subcontinent was allowed to be ruled under what was defined as customary laws. To the astonishment of the colonizers, it was the women who led the uprising against the autocratic powers of the colonizers and their appointed chiefs in what was known as the Women’s War in Nigeria (Agozino, 1997; Falola and Paddock, 2011). In response, the colonizers commissioned anthropologists to conduct ‘intelligence reports’ for the purpose of determining if the women were drunk or under the influence of the men to make them oppose despotic colonial rule. This chapter reflects on one such report by C. K. Meek (1937) in Law and Authority in a Nigerian Tribe with implications for the retention of despotic authoritarianism in neocolonial African states today.
‘Nothing is Lost, Everything is … Transferred’
Authors: Collard Melanie
Published: June 2023

Within critical criminology, postcolonial perspectives have been particularly influential in the study of state criminality. In this collection, devoted to the decolonization of the criminal question, this chapter considers the transnational institutionalization and ideological legitimation of torture as a neocolonial state crime. Through a case study illustrating the transfer of torture techniques from Algeria to Argentina, this chapter explains that torturers are not born but rather nurtured, trained, and supported by their own and foreign governments. It also argues that France became a ‘torture trainer’ after its own decolonization wars to expand its imperial interests by maximizing its military influence abroad through the development of militarization and, more specifically, counterinsurgency strategies. This chapter suggests that this French military savoir-faire was not transferred to help Argentina protect its territory from potential threats, but rather served the same main function it did in Algeria: the repression of its own population. The main argument is that this type of state crime, which illustrates the persistence—and not the resurgence—of torture, is directly related to neocolonial settings.
A Category of Special Concern?
Authors: Kälin Walter
Published: June 2023

This chapter asks whether it is adequate to classify internally displaced persons (IDPs) as a category of special concern. To answer the question, the chapter first analyses the notion of IDP as a descriptive category that does not create a specific legal status under international law. It then argues that the specific needs of IDPs, which are different from those of non-displaced people, justify the specific protection they enjoy, and presents a list of displacement-specific needs. Referring to the concept of sovereignty as responsibility, the chapter refutes the claim that special protection for IDPs is incompatible with State sovereignty. The concluding section addresses the assertion that IDP protection undermines the institution of asylum and shows how instruments such as the Guiding Principles on Internal Displacement may become relevant to the assessment of the existence of an internal relocation alternative.
Protection from Displacement
Authors: Kälin Walter
Published: June 2023

This chapter focuses on the prevention of internal displacement and the prohibition of arbitrary displacement. It starts with a discussion of preventive measures enshrined in international human rights and humanitarian law that are applicable in situations of armed conflict and violence as well as disasters triggered by natural hazards. The next section asks when displacement is arbitrary, and thus prohibited, and when it is permissible or even mandatory to evacuate people at risk or relocate them against their will. The chapter further explores the modalities of organized evacuations and planned relocations, and concludes with an analysis of accountability for arbitrary displacement under international and national criminal law.
Protection During Displacement: The Law
Authors: Kälin Walter
Published: June 2023

Protection during displacement is the most mature part of the emerging legal regime on internal displacement. This chapter describes in detail how international human rights and humanitarian law address the needs of internally displaced persons (IDPs) to be protected from discrimination, attacks on their camps and settlements, sexual and gender-based violence, or the recruitment of children, and discusses the complex issue of internment in closed camps during non-international armed conflict. Other sections analyse the guarantees related to documentation, the prohibition of forcible return to situations of harm, and the protection of IDP families. The right to vote and stand for elections raises particular problems for IDPs. The final sections address the relevance of the rights to food and water, shelter and housing, health, and education, and legal guarantees relevant to the protection of property left behind.
Durable Solutions in Practice
Authors: Kälin Walter
Published: June 2023

This chapter discusses the impacts of protracted internal displacement and the reasons why governments and the international community often fail to support IDPs in their search for solutions that would end their displacement. It identifies the lack of governmental will and capacity, the lack of approaches that involve IDPs and local communities as active participants and establish partnerships with the private sector, a UN system not fit for purpose, and financing that sets the wrong incentives as institutional challenges. The UN’s New Way of Working and recommendations by the Secretary-General’s High-Level Panel on Internal Displacement as well as his 2022 Action Agenda on Internal Displacement provide important directions on how to address them.
Conclusion: Adequate Norms but Weak Governance
Authors: Kälin Walter
Published: June 2023

The short final chapter provides an assessment of the emerging legal regime governing internal displacement. It has a well-defined scope, provides for a high degree of horizontal integration of different branches of law, shows an increasing degree of harmonization of domestic and international norms and standards, but is only partially consolidated. The regime’s weaknesses are linked to its institutional aspects. Coordination challenges, a continuing focus on humanitarian action, the lack of a clear institutional anchoring and leadership at the UN level, and weak accountability undermine effective action to better prevent, address, and resolve internal displacement. The chapter ends with a short outlook.
Pills and Politics
Authors: Gradmann Christoph , Kirchhelle Claas
Published: June 2023

This chapter analyses the history of decision-making on human and non-human antibiotic use at the international level since 1945. It reconstructs how AMR emerged as an international policy problem from the early 1960s onwards, studies how different generations of regulators have attempted to safeguard antibiotic efficacy, and analyses the long-term path dependencies shaping current regulatory efforts. It shows that while concerns about antibiotic effectiveness in human medicine drove the development of international stewardship initiatives, consensus on interventions and guidelines proved far easier to achieve in the field of non-human antibiotic use. The chapter also highlights the failure of international decision-making to react adequately to the significant shift of pharmaceutical production from the Global North to the Global South. From the 1970s onwards, the opening of new markets in low- and middle-income countries was accompanied by a large-scale shift of pharmaceutical production away from Northern centres of policing. Over time, this geographic dissociation of pills and policies has led to a situation where international stewardship guidelines are more tailored towards high-income health and food production systems rather than to the realities of antibiotic use and production in LMICs. The chapter ends by highlighting that developing a sustainable management of the antibiotic commons will depend on realigning centres of decision-making with centres of production.
A Sociological Look beyond the Surface of the National Action Plans against AMR
Authors: Surdez Muriel
Published: June 2023

The global governance of AMR has reached a new stage in recent years since recommendations issued by international organizations have been turned into numerous national action plans. The future of global governance thus depends on the ways national administrations and bureaucrats adapt the goals and tools of international policy against AMR to their own perspective. Based on the theoretical framework of the sociology of professions, this chapter highlights with a qualitative approach why professional state bureaucrats face difficulties in implementing the One Health approach, a cornerstone of global governance which implies the establishment of collaboration between professionals. The analysis focuses on animal health professionals whose views on AMR remain comparatively less studied than those of human health professionals. Building on Switzerland as a case study, it shows that in countries with a decentralized administrative structure, interactions between national and regional administrative units characterized the national governance of AMR. Negotiations between state actors and representatives of the professions concerned with the control of antibiotic use are an additional central element in understanding how global governance is adapted to the national scale. The chapter contributes to the analysis of AMR’s global governance by showing that successful global governance is not limited to countries’ formal compliance with the norms and injunctions promulgated by international organizations. Even in Northern countries where administrative resources are much more developed than in Southern countries, global governance must take into account the social and professional environment in which those who implement plans against antibiotic resistance work.
Policy Entrepreneurship and Problem Brokering in the Global Governance of AMR
Authors: Rubin Olivier , Baekkeskov Erik
Published: June 2023

This chapter addresses the apparent puzzle that an increase in global attention and agenda setting does not appear to have produced an equivalent increase in actual implementation of AMR response initiatives. By drawing on the multiple streams approach, the chapter differentiates between problem brokerage, aimed at turning societal challenges into explicit policy problems, and then policy entrepreneurship, focused on the actual formulation and execution of policies. It is argued that health experts have successfully acted as problem brokers in the 2010s by placing the threat of AMR on the global agenda. However, they have been less successful as policy entrepreneurs in translating this increase of attention into concrete policy initiatives. Although health experts are not well-equipped to act as policy entrepreneurs, they still continue to constitute the backbone of policy entrepreneurship on AMR management. A broader coalition of powerful actors is needed for translating agenda setting into actual policies and programs. The chapter argues for the need to foster a stronger advocacy ecology around AMR. The political challenge for effective AMR response is not only to increase scientific awareness but also to mobilize sufficient numbers and kinds of powerful actors to push forward policy and its implementation. The chapter recommends more focus and funds for network and coalition-building activities that extend beyond the health sector.
Sustainable Procurement of Pharmaceuticals
Authors: Mitkidis Katerina
Published: June 2023

The ability of humans to fight bacterial infections has been a success story. Combined with the improvements in access to treatment, it induced an increase in antimicrobials’ use. While improving the health and life of patients, we have been side-tracking the threat of developing antimicrobial-resistant bacteria when treatments enter the natural environment. Nowadays, due to the number of deaths associated with antimicrobial resistance (AMR) and its economic consequences, both states and international organizations are developing policies and tools to address it. The toolbox includes raising public awareness, supporting reasonable use, and measures concerning pharmaceutical waste. While of utmost importance, these measures fight AMR primarily at the locus of the medicines’ use, omitting the problem of dangerous effluents from pharmaceutical manufacturing. The present chapter addresses this gap first by discussing the need for governance by contract in the AMR context. Then, taking the starting point in the EU law, it reviews the use of sustainable public procurement as a tool to fight global AMR. It then presents lessons from private responsible procurement before turning to the possibility of mutual learning between ‘developing, but authoritative’ public and ‘more experienced, but based on voluntary participation’ private sustainable procurement practices. The chapter argues that the use of sustainable procurement as a part of the global governance regime for combatting AMR has a lot of potential, but it requires both legislative changes, and intensified cooperation between the private and public sectors. The chapter concludes with reviewing policy implications for the use of contractual governance to contain AMR.
International Law and Antimicrobial Resistance
Authors: Munkholm Louise , Katwyk Susan Rogers Van
Published: June 2023

Although few international laws govern global health, there has been widespread discussion of the need for a global legal instrument to mitigate the ‘One Health’ threat posed by antimicrobial resistance (AMR). This chapter presents lessons learnt from the implementation of the International Health Regulations (2005) (IHRs) to inform debates about the potentials and pitfalls of international legal instruments for governing the global antimicrobial commons. Concretely, the chapter analyses the experiences of the World Health Organization (WHO) in IHR implementation through analysis of reports from the WHO archives, covering the years 2006–2021. Special attention is paid to the extent to which the IHRs incentivize action, institutionalize accountability, and activate interest groups. The analysis shows that IHR implementation suffers from lack of sustained action by WHO member states, lack of enforcement mechanisms, combined with an imbalance with respect to which interest groups are activated. The chapter concludes that the IHR is not suitable as an international legal framework for dealing with AMR. It argues that dispute resolution procedures with clear measures for enforcement and responsibilities need to be built into the global AMR governance regime and suggest that international trade regulation might have some relevant building blocks to draw from.
India, Climate Change, and The Global Commons
Authors: Damodaran A.
Published: June 2023

This book focusses on global commons within the larger canvas of the world’s political and economic landscape. It explores global commons negotiations against the backdrop of complex political relations. Finally, it weaves in the story of India and its quest for sustainable development in this context. Analysing global environmental movements, the book discusses the pattern of global negotiations to portray the plight of a postmodern world that grapples with problems of climate, land degradation, chemical transfers, and biodiversity. The central theme of the book is that plurality and diversity lie at the root of ensuring that a globalized world offers happiness to its citizens. Also taken up for discussion is COVID-19 as global commons and the possible role of blockchains and related distributed network-based digital technologies in resolving the crises facing global commons
The New International Environment
Authors: Damodaran A.
Published: June 2023

The introductory chapter surveys the current scenario regrading global commons management in the world against the backdrop of the changing geopolitical environment. Despite the great appetite for globalization, it is observed that the existence of Westphalianism in parts of the world is a healthy sign. This holds true for epistemic communities that articulate local points of view. It is argued that although all global environmental agreements uphold the spirit of global commons, each one displays its unique feature. What needs to be recognized is that global commons cannot be managed effectively without sound national and local policies. A mission for reversing climate change cannot succeed without the co-operation of nation states and local communities. The advent of the new generation, distributed network technologies like blockchains and crypto coins and the value that data holds in modern-day economies, have raised new possibilities for local communities by way of new economic opportunities that provide them with sustainable means of living. The coronavirus pandemic of 2020 calls for robust approaches to the management of the problem, which in turn is critically dependent on the availability of financial resources and public health infrastructure in developing countries.
Stereotypes on Development
Authors: Damodaran A.
Published: June 2023

The main refrain in this chapter is that the birth of a unipolar world notwithstanding, nation-states are here to stay. The Rio Agreements entail sacrifices on the part of developing countries, which makes these agreements complex to handle. However, since 2010, developing countries are also on board regarding global environmental agreements like climate change. Indeed developing countries have proved to be major players in guiding the course of climate action in the present decade. Their role in the progress of the Paris Agreement on Climate Change is a case in point. There are social trends that are worthy of mention. Thus gender empowerment is significant for its impact on social inclusiveness. Gender equality has the potential to promote more inclusive local approaches in the management of natural resources. The importance of empowering women in the fields of agriculture and sustainable natural resources management cannot be wished away. The new rules being framed to guide the UNFCCC and CBD need to pay special attention to this aspect.
India’s Rurality and Its Different Faces
Authors: Damodaran A.
Published: June 2023

This chapter discusses the phenomena of rurality in India. Embedded in ‘rurality’ are the concepts of diversity and the principle of inclusive development. The chapter takes up three cases of how rurality has worked in India. These include the vignettes from the State of Rajasthan, the instance of Darjeeling Tea, and the dynamics of mulberry silk production. It is stated that the prosperous fringe of rural India seeks greater liberalization of world trade in agricultural goods, while the not-so-prosperous fringe seeks greater protectionism from imports. However, diversification is not the same as diversity. The richness of diversity comes in its rich socio-economic and cultural essence. In the case of Rajasthan, despite the best efforts of the administration at diversifying the income base of the rural population, the issue of redistribution of benefits of growth has not been addressed. Further, environmental degradation has depleted the supply of public goods in the state. Externally aided projects have also suffered from the absence of bottom-up, de-bureaucratized approaches that harp on participative and inclusive sustainable development. It is argued that technology platforms enable a small farmer or a member of a tribal community to effectively sustain their livelihoods and thereby capture the quintessence of rurality. Such measures would immensely contribute to India’s quest for conserving the global commons.
Environmentalism in the World
Authors: Damodaran A.
Published: June 2023

The chapter surveys the principal global environmental agreements in the world and discusses the challenges of implementing global commons projects in local areas. The chapter also delves into the perils of hierarchical communication and top-down approaches that are typical of action plans formulated to implement global commons objectives at the country level. The chapter surveys Trade and Environment issues and their implication for global commons. Examples of local-level projects mentioned in the chapter include a few noteworthy ones taken up in India and in Africa. It is argued that thee negotiations connected with global environmental conventions, though contentious, have not attempted to address their fundamental, viz, of not being able to produce tangible ground-level impacts that improve the lot of local communities. It is also stated that the main problem with the global environment conventions is their instrumentalism, which deflects these conventions from the ultimate objectives for which they were brought in. Another consequence of instrumentalism has been that their goals do not synergize with the development aspirations of local communities. By contrast, the Geographical Indications regimes prescribed by WTO TRIPS have succeeded at the local level as evidenced by the manner in which this collective IPR was made use of by Darjeeling tea farmers to improve their lot. The chapter concludes by observing that the Darjeeling tea holds vital lessons for the world of environmental agreements.
Policies for the Environment
Authors: Damodaran A.
Published: June 2023

This chapter details the history of environmental law and policy formulation in India since the 1970s. It surveys the principal legislations that deal with air, water, and environment protection (including rules dealing with hazardous wastes) as well as the legislations in the realms of biodiversity conservation, forestry, and wildlife. It is observed that in the field of environment protection, much of the legislative and policy work relating to multimedia pollution and hazardous wastes was over in India in the early 1990s. However, the issues of GMOs and transboundary movement of hazardous wastes continued to fester. The onset of the biotechnology revolution in the world since the 1980s and the serious efforts made at introducing genetically modified products in India, by both national and overseas companies such as Monsanto, led to biosafety issues getting prominence at the turn of the century. An interesting point observed in this chapter is that while truncation of environmental regulations is the reality at the international level, the same does not seem to be the case at the national level as far as laws and regulations are concerned. In India, treatment of hazardous substances and regulation of GMOs are both handled within the framework of the Environment Protection Act of 1986, while at the international level, these are handled by two distinct Conventions. In short, truncation of environmental regulations is more at the global level than at the national and the local levels. This reflects the fact that global conventions are hyper-specialized legal instruments.
Compensating for Lost Resources
Authors: Damodaran A.
Published: June 2023

This chapter argues that political, institutional, and environmental movements play a major role in preventing under-assessment of the true costs of projects in environmental impact assessment exercises. Such movements unearth the hidden social costs of projects and compel regulatory authorities and investors to integrate them in project documents. This, in turn, contributes to the flow of improved compensatory packages for the displaced victims of large infrastructure projects. Thus the initial assessment of the authorities that the environmental costs of the Narmada dam was confined to loss of forests was abandoned after the Narmada Bachao Andolan came up with their assessment of true social costs of the dam. But for the intervention of the Narmada Bachao Andolan, the oversimplified initial assessment of costs worked out for the dam would have persisted and carried through. Likewise, schemes relating to Payment for Ecosystem Services aim to provide local communities with appropriate rewards for their contribution to the conservation of ecosystem services. Indeed in many cases, payment for ecosystem services has been successful in getting victims of large infrastructure projects to be comprehensively compensated for their losses.
The Local Impacts of Multilateral Environmental Agreements
Authors: Damodaran A.
Published: June 2023

This chapter describes the experiences of local-level projects that attempted to solve the global commons concerns associated with the Climate Change and Biological Diversity Conventions, Persistent Organic Pollutants (POPS), and the Basel Convention on Transboundary Movement of Hazardous Wastes. Examples of local-level projects discussed, include rural energy and water supply projects, joint forest management projects, projects associated with genetically modified plants and projects associated with movement of hazardous wastes. It is argued that the notion of instrumentalism associated with the mentioned Conventions precludes realization of the global commons goals at the ground level. It is argued that the chief limitation of the Climate Pact and the Basel Convention is that they deal with technology or products that are based on modernity principles which, in turn, are driven by intellectual property rights (IPRs). Hence these Conventions find it impossible to communicate their agenda to local communities. However it is also observed that the plant biotechnology industry appears to be in the throes of change. There is a greater appetite for local customization. The chapter concludes by stating that the emancipatory potential of these environmentally sound technologies can be realized only if there is a process of vertical and horizontal communication systems amongst local communities and governments.