bluuebunny/crossref_metadata_2025 huggingface dataset:
Corruption in the Built Environment
Authors: Lagunes Paul
Published: August 2021

This chapter provides context. It stresses the harm caused by corruption in the built environment, while also briefly taking the pulse of corruption in Latin America and highlighting the vulnerability of local bureaucracies to this kind of corruption. This chapter summarizes three case studies of alleged corruption in Mexico City’s construction sector, thus uncovering the dubious tactics used by some developers. As is argued here, cities like Mexico City need not wait for major institutional reforms in order begin to control corruption in construction. Anticorruption audits can prove useful, especially if they are applied to the most sensitive bureaucratic processes.
Federalism During the Trump Era and Beyond
Authors: Ball Carlos A.
Published: August 2021

This chapter explains how liberal states, with the enthusiastic support of progressives across the country, repeatedly exercised their authority as sovereigns to oppose and challenge some of the Trump administration’s most misguided, harmful, and discriminatory policies. State-based resistance to the Trump administration was particularly robust in matters related to immigration and environmental regulations. State-based policies were also crucial in filling the void left by the Trump administration’s failure to provide effective national leadership on issues that desperately demanded it, including the stemming of gun violence and controlling the spread of the coronavirus pandemic. The chapter argues that if progressives going forward embrace federalism only situationally—defending it when there is a conservative in the White House, but dismissing its relevance or appropriateness when there is a liberal in that position—then it is less likely that the principle will remain a viable and effective tool in resisting the policies of a future right-wing administration in the Trumpian mold. In contrast, if progressives after the Trump era defend federalism as a matter of principle, then it is more likely that the concept will retain its constitutional and political legitimacy, making it available to progressives in future years when confronting another right-wing and potentially autocratic federal administration.
Epilogue
Authors: Ball Carlos A.
Published: August 2021

The epilogue explores the reasons why progressives, following Trump’s re-election defeat, must not give up on their commitments to the federalism, separation-of-powers, and free speech principles that they defended during the difficult Trump years. It may be tempting, following Biden’s defeat of Trump, for progressives to try to put the traumatic and harrowing Trump years behind them by worrying and fretting less about the implications of his policies and of how he governed. But progressives must be prepared for the possibility of a future president in the Trump mold by continuing to defend the constitutional principles that they endorsed and championed during the Trump era. Those principles consist of not only the ones that progressives have valued for decades, including those related to equality, privacy, and the fundamental right to vote, but also the structural constitutional principles behind federalism and separation of powers that progressives had generally ignored before the Trump presidency, but which became crucial to resisting it.
Introduction
Authors: Schlarb Damien B.
Published: August 2021

This chapter explains the book’s central arguments, provides background, and theorizes its approach to literature. It shows how Old Testament wisdom philosophy informs Melville’s response to the manifold crises of modernity, specifically the loss of religious certainty and biblical authority. It explicates the book’s argument that Melville’s response can help us understand the dynamics at play in this crisis by providing historical and contextual background: first, it inscribes Melville into a transnational theological conversation about biblical interpretation that lasts from the early eighteenth to the mid-nineteenth century; second, it outlines the American reception of new analytical methods such as higher criticism, surveys America’s intellectual infrastructure, and discusses how romantic literature fills the interpretive lacuna left by theological scholarship. Finally, it defines “wisdom” and “religious skepticism” and explains its approach to literary criticism as informed by a hermeneutic theory of contemplation (theology) and by postsecular as well as postcritical approaches (literary studies).
Divine Justice and Sublime Suffering
Authors: Schlarb Damien B.
Published: August 2021

This chapter shows how Melville draws on the book of Job to discuss issues of divine justice and human suffering. It argues that Melville uses the language and themes of Job to evaluate divine jurisprudence from the vantage point of the human plaintiff, celebrating human perseverance and indicting the arbitrariness of divinely mandated suffering. After sketching out the book of Job’s textual history, the chapter discusses in turn Mardi, Moby-Dick, “Bartleby, the Scrivener,” and The Encantadas on these grounds, detailing how Melville uses typology and intertextual reference to examine the Bible and to apply his findings to comment on natural, social, and cultural phenomena. It concludes that Melville sees the book of Job as a story not of defiance and repentance but of the learning and growth that occur in precisely the moment when one’s preconceptions and expectations of reality are shattered.
Solidarity and the Common Good
Authors: Jennings Bruce
Published: August 2021

This chapter offers an account of individual rights and agency, and it considers both the liberal dimension and the communitarian dimension of public health ethics. It examines the relationship between social justice and social epidemiology and offers a particular interpretation of social justice as being crucially informed by a relational ethics of mutuality and solidarity. It provides a study premised on the hypothesis that relational theorizing and conceptualization developed in ecological epidemiology has its analogue in ethics. The chapter discusses how relational theorizing in both ethics and epidemiology can provide a promising pathway to a critical public health ethics. It considers the philosophy of epidemiology and the constitutive concepts guiding relational or social theorizing in the field.
Ethical Issues in Genetic Epidemiology
Authors: Beskow Laura M. , Fullerton Stephanie M , Burke Wylie
Published: August 2021

This chapter reviews the breakthrough discovery of the complete sequence of human DNA in 2003, which rapidly ushered in an era of genomics and big data. It discusses “precision medicine,” which refers to the notion of accounting for individual variability in genes, environment, and lifestyle to devise new ways to prevent, detect, diagnose, and treat health conditions. It also describes “precision public health” as the related effort to use individual variability to more finely tailor preventive interventions for at-risk groups and improve population health. The chapter addresses scientific questions about the roles of genes, environmental, gene–gene, and gene–environment interactions in human health through the rigorous study of genotypic, phenotypic, and environmental data in human populations. It tackles the genomic contributions to health and disease, such as the assessment of whether diseases and gene variants show correlated transmission among related individuals.
Conflicts of Interest
Authors: Ricciardi Walter , Petrini Carlo
Published: August 2021

This chapter defines the term “conflicts of interest,” which encompasses a wide spectrum of behaviors or actions potentially involving personal gain or financial interest. It explains that conflicts of interest are defined as circumstances that create a risk that professional judgments or actions regarding a primary interest will be unduly influenced by a secondary interest. It also distinguishes between institutional and individual conflicts of interest, noting that the former is usually only of a financial nature, while individual conflicts of interest may also be non-financial. The chapter discusses how several eminent institutions have addressed conflicts of interest, some of whom have issued guidelines containing practical recommendations for handling both real and potential conflicts. It mentions the World Medical Association's statement that addresses the particular situation of a physician who both works in a clinical setting and engages in research, and reiterates the fundamental criterion that the well-being of the patient overrides all other interests.
Ecoimmunology
Authors: Henschen Amberleigh E. , Adelman James S.
Published: August 2021

Avian immune systems are multifaceted and vary widely among individuals, populations, and species, all of which will affect the dynamics of infectious diseases in the wild. Historically, ecoimmunology sought to uncover the proximate and ultimate drivers of heterogeneity in immune defenses. More recently, the field has begun to interface with disease ecology, asking not only about the causes of immune variation but also about its links to within- and between-host disease processes. This chapter briefly reviews the complexity of avian immune systems, outlines theories of how and why these defenses vary, and provides an overview of both common and novel techniques in ecoimmunology. Subsequent sections highlight two research questions as critical to the synergy between ecoimmunology and disease ecology: (1) How do immune phenotypes predict individual infection outcomes? and (2) How do within-host measures of immunity inform population-level transmission dynamics?
Behavior Shapes Infectious Disease Dynamics in Birds
Authors: Townsend Andrea K. , Hawley Dana M.
Published: August 2021

Parasites both affect and are affected by the behavior of birds. Moreover, specific avian behaviors can either suppress or augment parasite spread, depending on context and parasite transmission mode. The chapter focuses on major categories of behavior important for the key steps of the parasite transmission process: first, the likelihood of exposure to parasites; second, host susceptibility to infection and degree of infectiousness reached once exposed; and third, the likelihood of spreading infection to other hosts or vectors. The chapter begins by discussing behaviors that birds use to minimize exposure to parasites (e.g., preening and other ‘antiparasite’ behaviors) and the immediate effects of infection on behavior (e.g., lethargy and other ‘sickness’ behaviors). The focus then truns to foraging and movement, which are specific behaviors that both can increase exposure to parasites and are altered by infection. Finally, the chapter considers how a suite of behaviors including social interactions, individual personality, and mating behaviors can affect and are affected by parasites in ways relevant to all three steps of the parasite transmission process. Throughout, the chapter highlights and integrates areas in which recent advances have been made or for which more data are sorely needed in avian systems, emphasizing directions for future research at the intersection of avian behavior and infectious disease ecology.
Host–Pathogen Evolution and Coevolution in Avian Systems
Authors: Bonneaud Camille
Published: August 2021

The significance of studying birds and their pathogens goes far beyond the applied conservation or epidemiological implications of their interactions. Evidence suggests that avian host–pathogen systems can be used to test fundamental theoretical predictions about adaptive evolution and coevolution in natural populations. This chapter highlights recent advances in the field of bird–pathogen evolution and coevolution, how these advances have come about, and future directions of research. Further, it shows that, while there is a growing body of work that provides support for both avian host and pathogen evolution, evidence for their antagonistic coevolution, the process of adaptation and counter-adaptation in response to the reciprocal selection pressures that they impose on each other, remains rare. Rigorously demonstrating the processes of evolution and coevolution is complex in natural populations and doing so necessarily requires borrowing methodological approaches from a range of disciplines to fully characterize phenotypic change, its genetic and mechanistic basis, as well as its adaptive benefits. Overcoming the challenge of such a task will, however, generate important insights into a range of processes, from disease transmission dynamics and pathogenesis to the maintenance of biodiversity.
Pathogen Transmission at the Expanding Bird–Human Interface
Authors: Hamer Sarah , Hamer Gabriel
Published: August 2021

The interface between wild bird populations and human populations is expanding, with the emergence of pathogen transmission between birds and humans as one consequence. In this chapter, several case studies of the spillover of avian pathogens into humans, and to a lesser extent human pathogens into birds, are reviewed in the context of the ecological and evolutionary factors that are important for disease emergence. Transmission and disease emergence may be complex, in some cases sculpted by the interaction of multiple parasite species with birds or their vectors. Additionally, avian migration allows opportunities for bird-associated pathogens and vectors to be transported over great distances, sometimes initiating new foci of zoonotic disease emergence. While several management strategies are being used to detect and respond to the emergence of avian zoonoses in birds and people, an increased understanding of the biology and circumstances that support transmission and spillover will further direct such efforts.
Ancient and Modern World Views
Authors: Hussein Ersin
Published: August 2021

This chapter brings together the few geographical surveys of Cyprus written by outsiders (i.e. non-Cypriots) during the Roman Empire. The accounts of Strabo, Pliny the Elder, Claudius Ptolemy, Pausanias, Ammianus Marcellinus, and the anonymous Expositio totius mundi et gentium represent the culmination and transmission of ideas about the island based on key events, scenarios, and anecdotes. Situating the key passages within the motivations and themes of these authors’ works reveals how and why particular ideas about the island and its space came to fruition, what purpose these served, and what the perceived status and role of Cyprus in relation to Rome and to the wider Empire was. Discussion of the wider research-context study of the Roman provinces and the current ‘state of the field’ for the study of Roman Cyprus follows. In Cyprus no colonies were founded by the Romans, nor were any existing towns given colonial status; the island did not receive benefits, nor was it awarded any special status by Rome, despite being taxed. Furthermore, its inhabitants did not engage in aggressive military action to resist Roman control of the island, nor is its Roman period characterized by internal turmoil because of the Roman government, in contrast to some other provincial case studies. Therefore, this investigation draws upon a range of studies and models, utilizing vocabulary that acknowledges identity, culture, and experience as fluid, nuanced, and situational. It also emphasizes the importance of geography, geology, space, and place as active in the formation of local identity
Civic Identity
Authors: Hussein Ersin
Published: August 2021

Central to this investigation of collective identity are the foundation myths, and their associated stories, of the Cypriot poleis. Assessment of their construction, and maintenance, in literary texts, followed by study of the celebration of myths in material culture in local contexts by insiders and outsiders, contribute to the evolving picture of local responses to Roman rule and collective identity formation. This chapter assesses evidence from Nea Paphos, Palaipaphos, Kourion, Amathous, and Salamis in most detail, as ample evidence from these contexts survives in comparison to other settlements. Study of a few chosen poleis, rather than every polis, avoids a repetitive and cumbersome review for the reader littered with frustrated caveats regarding the fragmentary and inconsistent nature of some of the evidence. Investigation of these poleis aids understanding of interregional identity, connectivity, and local difference as opposed to generic discussion of ‘East’ versus ‘West’—as implied by a strict focus on Paphos and Salamis alone. Given its fame and the prominence of its surviving material record, evidence from the Paphos region naturally occupies most space. The chapter surveys the foundation myths of the poleis, paying particular attention to the reception, use, and adaptation of narratives in literary sources produced during the Roman Empire. Assessment of the use of mythology and the preservation of local traditions and histories in local material culture follows, to investigate civic identity and to address the enduring stereotypes that have characterized the experience and identities of the Cypriot poleis under Roman rule
Introduction
Authors: Alexy Robert
Published: August 2021

This volume comprises three parts. The issue of Part I is the nature of law. The main thesis is that law has a dual nature. It comprises a real as well as an ideal dimension. The real dimension is defined by authoritative issuance and social efficacy, the ideal dimension by the claim to correctness, which includes a claim to justice. This connection of the real and the ideal dimension implies non-positivism. In Part II the connection between constitutional rights, human rights, and proportionality is taken up. The construction of constitutional rights as principles is to be found at the centre. The principles construction implies the necessity of proportionality analysis and, with this, the necessity of balancing. Balancing is defended against numerous critics as a form of rational legal argumentation. Part III concerns the relation between argumentation, correctness, and law.
An Answer to Joseph Raz
Authors: Alexy Robert
Published: August 2021

This chapter contains a reply to Joseph Raz’s critique of Alexy’s defence of non-positivism. The starting point is that the distinction between positivism and non-positivism is, contrary to Raz, still of fundamental significance. It will never become insignificant. Raz agrees with the author that law raises something like a claim to correctness, but he argues that this claim is not necessarily connected with morality. The response presented here is that it is. This implies a necessary connection between law and morality, which thereby yields non-positivism. The practical significance of this is illustrated by the Radbruch Formula and the role principles play in legal argumentation.
The Ideal Dimension of Law
Authors: Alexy Robert
Published: August 2021

Alexy’s thesis that law has an ideal dimension is essentially based on the argument that law necessarily raises a claim to correctness that includes a claim to moral correctness. John Finnis has contested the necessity of this connection between law and a claim with moral content. One implication of the claim to correctness is the Radbruch Formula, which says that extreme injustice is no law. Finnis also criticizes this formula. In this chapter arguments against Finnis’s two critical points are presented. This is further elaborated into a system of the institutionalization of reason that comprises not only the Radbruch Formula but also the special case thesis, human rights, democracy, and principles theory.
Gustav Radbruch’s Concept of Law
Authors: Alexy Robert
Published: August 2021

In the twentieth century, two legal philosophers in the German-speaking countries excelled over all the others and their philosophies remain topics of lively debate in the global discussion today: Hans Kelsen and Gustav Radbruch. Kelsen was a positivist. The classification of Radbruch is contested. According to the discontinuity thesis, Radbruch was a positivist before 1933 and became a non-positivist after 1945. According to the continuity thesis, Radbruch always was a non-positivist. I defend the continuity thesis in this chapter. The basis of the argument presented here is the distinction between super-inclusive and inclusive non-positivism.
The Construction of Constitutional Rights
Authors: Alexy Robert
Published: August 2021

This chapter calls for the construction of constitutional rights as principles rather than as rules. The rule construction conceives subsumption or classification as the appropriate form for the application of constitutional rights. In this way, it attempts to avoid the problems associated with balancing. By contrast, the principles construction argues that balancing is inevitable and unavoidable. Balancing is at the very core of the proportionality test. The debate over the construction of constitutional rights is, therefore, first and foremost a debate over proportionality analysis. The central objection to the principles construction is that balancing, and by the same token, the proportionality test, is irrational. This irrationality objection is countered by analysis of the formal structure of balancing; the analysis shows that balancing is a case of rational legal argument that is explicated by means of an arithmetic formula: the Weight Formula. The Weight Formula provides a demonstration of how and why balancing is possible as a form of rational legal argument. It also makes it possible to show that proportionality analysis does not endanger the power of constitutional rights.
Balancing, Constitutional Review, and Representation
Authors: Alexy Robert
Published: August 2021

Balancing is one of the main issues in current debates on the interpretation of constitutional rights. Numerous authors have raised the objection that balancing is both irrational and subjective. It is argued that this objection is unjustified. To show this, balancing is embedded in a theory of discursive constitutionalism that connects the concept of balancing with the concepts of constitutional rights, discourse, constitutional review, and representation. The main theses are these: first, balancing is based on a rational form of argument that can be made explicit by means of the Weight Formula, and second, constitutional review comports with the requirements of democratic legitimation to the extent that it succeeds in becoming an argumentative representation of the people.
Ideal ‘Ought’ and Optimization
Authors: Alexy Robert
Published: August 2021

The basis of principles theory is the norm-theoretic distinction between rules and principles. In A Theory of Constitutional Law (2002), I have defined rules as definitive commands and principles as optimization requirements. Against the definition of principles as optimization requirements the objection has been raised that optimization requirements are rules too because the optimization is definitively commanded. This chapter offers a reconstruction of the distinction between rules and principles that connects the concept of the ideal ‘ought’ with the concept of optimization requirement. In the language of mathematical logic, this is expressed by means of a ‘fundamental equivalence’. This equivalence is the basis of the author’s reply to all of the objections against his distinction between rules and principles.
A Discourse-Theoretical Conception of Practical Reason
Authors: Alexy Robert
Published: August 2021

Contemporary discussions about practical reason or practical rationality invoke four competing views, which, by reference to their historical models, can be named as follows: Aristotelian, Hobbesian, Kantian, and Nietzschean. The subject matter of this chapter is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the core lies the justification and the application of the rules of discourse. An argument consisting of three parts is presented to justify the rules of discourse. The three parts are as follows: a transcendental-pragmatic argument, an argument that takes account of the maximization of individual utility, and an empirical premise addressing an interest in correctness. Within the framework of the problem of application, the chapter outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory.
Legal Argumentation as Rational Discourse
Authors: Alexy Robert
Published: August 2021

The discourse model of legal argumentation is presented in this chapter as a reaction to the weaknesses or deficiencies of alternative models. The most important alternative models are the model of deduction, the model of decision, the hermeneutic model, and the model of coherence. The discourse model connects the institutional or real dimension of legal argumentation with its non-institutional or ideal dimension. The result is the special case thesis. It combines institutional arguments, based on the authority of positive law, with substantive arguments, based on practical reason. This connection of the real dimension of legal argumentation with its ideal dimension is a central element of the institutionalization of practical reason.
Law and Correctness
Authors: Alexy Robert
Published: August 2021

The main thesis of this chapter is that law necessarily raises a claim to correctness and that this necessary connection between law and correctness implies a conceptually necessary connection between law and morality that goes beyond the scope of a positivistic concept of law. Many objections have been raised to the claim to correctness thesis. Of special significance is the argument that it is, indeed, possible to raise the claim to correctness, but that it is not necessary. The reply presented here is that the claim to correctness is necessary relative to a practice that is essentially defined by the distinction of true or correct and false or wrong. This practice, however, is of a special kind. Indeed, one can try to dismiss the categories of truth, correctness, and objectivity. But if we should succeed in doing so, our speaking and acting would be essentially different from what they are now.
Description
Authors: Hector Andy
Published: August 2021

This chapter begins with a linear-model analysis where the aim is to compare the effects of different treatments. Each treatment is applied to a group of experimental units and, if the treatments are effective, they will produce differences between the groups. Experiments are designed to test hypotheses about the effects of the treatments and to quantify the strength of these effects. This chapter focuses on describing the treatment effects (a step we often skimp on in our haste to get to the punchline), saving testing for later.
Analysis of Covariance
Authors: Hector Andy
Published: August 2021

ANCOVA of designed experiments combines one categorical and one continuous explanatory variable. Panel plots are usually the best way to graphically display ANCOVA designs, with a separate linear regression within each level of the factor. ANCOVA can test for effects of both variables and interactions between them. The chapter focuses on ANCOVA of designed experiments. A detailed analysis is given of a subset of the variables from an experimental study of the effects of low-level atmospheric pollutants and drought on agricultural yields.
GLMs for Count Data
Authors: Hector Andy
Published: August 2021

GLMs using the Poisson distribution are a good starting place when dealing with integer count data. The default log link function prevents the prediction of negative counts and the Poisson distribution models the variance (approximately equal to the mean).
Binomial GLMs
Authors: Hector Andy
Published: August 2021

GLMs with a binomial distribution are designed for the analysis of binomial counts (how many times something occurred relative to the total number of possible times it could have occurred). A logistic link function constrains predictions to be above zero and below the maximum using the S-shaped logistic curve. Overdispersion can be diagnosed and dealt with using a quasi-maximum likelihood extension to GLM analysis.
The Etiquette of the Saintly Dragon Fight (i)
Authors: Ogden Daniel
Published: August 2021

The episodes and motifs that structure the narrative course of the dragon-fight as it is most typically found in the hagiographical tradition (the tradition of the saints’ Lives) are laid out and analysed in detail. The analysis is based on some two hundred examples (Appendix B). The motifs include the dragon’s inhabiting of caves, wells, and tombs; its monopolization of springs, its marauding, its production of pestilential breath, its fieriness; the saint’s spiritual preparations for battle, his deployment of prayers, of the sign of the cross, and of his stole against it; his exorcistic banishment of it, in the fashion of a demon, beyond water, to the wilderness, or to the abyss; otherwise, his killing of it, and his disposal of its carcass; his conversion of the local community, and his memorial construction of a church or monastery.
The Etiquette of the Saintly Dragon Fight (ii)
Authors: Ogden Daniel
Published: August 2021

A number of recurring sets of motifs of an elaborate kind and with a degree of independence from the principal narrative course (charted in Chapter 6) are documented and analysed here: the dragon and its great brood of serpents; the sacrifice of virgins to the dragon; the attempt to compel the saint to make sacrifice before an idol inhabited by a dragon; the saint’s revival of the boy that had been the dragon’s last victim; the sending of dragons back against the magicians that had unleashed them; and female dragon-fighting saints. Consideration is also given to some matters of ‘meta-narrative’ interest, namely the impact of the attribution of multiple dragon-fights to a single saint (e.g. Silvester and Fronto) and, more intriguingly, the impact of the attribution of fights against what is effectively the same dragon to different saints, as most notably in the case of the Dragon of Rome.
Worms (Still) and Wyverns
Authors: Ogden Daniel
Published: August 2021

What was the form of the dragon in the medieval Germanic world? The ancient Germanic dragon was probably ever a simple worm in form, doubtless a fiery one, as the classical dragon had been, and as indeed the Indo-European dragon had been. The exciting new format of the winged dragon of Christian-Latin culture was embraced avidly and was often substituted into established dragon-fight tales, as we see in the case of Anglo-Saxon Beowulf and in those of many Norse examples. But it is a testament to the force of the established story-type that on occasion this substitution had to remain superficial and cosmetic, with the new winged creatures remaining strangely flightless in their featured fights.
To the River and Back
Authors: Ogden Daniel
Published: August 2021

An idealized principal narrative course is reconstructed for the medieval Germanic dragon fight. The motifs reviewed include: the transformation of a man into a dragon whilst lying on treasure; the generation of a dragon from a corpse; the development of a tiny worm into a vast dragon; the offering of a princess’s hand to a champion; the champion’s protective clothing; his ambushing of the dragon between its cave-lair and a water-source; the dragon’s uniquely vulnerable spot; the champion’s named sword; the special properties of the dragon’s blood. A pair of recurring narrative subroutines are also investigated: in one the champion intervenes on a lion’s behalf upon coming across it engaged in a fight with a dragon, and after killing the dragon has lifelong loyal pet in the lion; in the other the champion is cast into a snake pit, with varying outcomes.
Crafting Trade and Investment Accords for Sustainable Development
Authors: Cordonier Segger Marie-Claire
Published: August 2021

International law guides globalization and the future of the world economy, affecting all people and our planet. Rules governing trade and investment could continue to be represented only by Hermes, the Greek god of thieves and commerce, or also draw inspiration from Athena, representing justice, wisdom and craftsmanship. This volume explores how economic treaties could be better crafted to foster—rather than frustrate—sustainable development. It explains how leading actors identify potential social and environmental impacts of shifting capital, goods and services, and pilot new economic instruments to enhance sustainability. Based on a review of World Trade Organisation (WTO) debates and over 110 other economic accords, the volume highlights innovative measures adopted by States from a selection of regional and bilateral trade and investment accords, exploring their implications for a new generation of economic agreements, including the United Kingdom’s next steps and the proposed Agreement on Climate Change, Trade and Sustainability (ACCTS). The author, an award-winning expert jurist and renowned professor of international law, examines how sustainability and justice commitments can be operationalized in treaty texts themselves, steering vital trade, investment and finance towards the world’s Sustainable Development Goals (SDGs). Adopting a ground-breaking, inter-actional and systematic approach, with examples spanning several decades of experimentation and experience, she proposes carefully crafting of legal principles and rules to contribute to sustainability. By integrating social, environmental and economic priorities, she argues, States and stakeholders can weave new rules for our common future, towards a more inclusive, greener global economy.
Introduction
Authors: Cordonier Segger Marie-Claire
Published: August 2021

This chapter introduces the reader to the research. As an introductory whimsy, the introduction suggests that if the ancient Greek goddess Athena were to consider current trends, she would decry the lack of attention to global justice, reasoned scholarship and more careful design and negotiation of our current trade, investment and other accords among nations. This chapter highlights the pressing need to ensure that the relations between countries advance environmental, social and economic priorities in an integrated manner, and introduces each of the Sustainable Development Goals (SDGs), which were adopted in recognition of this need. It then sets out the academic context for the book, identifying the current dearth of legal scholarly analysis on how trade and financial flows can affect countries’ potential to meet their sustainable development goals and targets, and how trade and investment treaty rules could foster rather than frustrate sustainability.
International Trade, Investment and Sustainability
Authors: Cordonier Segger Marie-Claire
Published: August 2021

This chapter begins by discussing the potential negative effects of trade on sustainable development, and the changes in the rules of trade and investment regimes that could lead to these negative impacts. It also discusses the rise of impact assessment processes, which States, regions and international organizations have begun to commission, to model and analyse the potential environmental and social/human rights impacts of trade and investment liberalization. It introduces the new generation of regional and bilateral trade and investment treaties being negotiated, and the need to evaluate how States are addressing sustainability concerns that emerge from impact assessments of these treaties. It also provides a working definition of ‘sustainable development’ and uncovers the circumstances and provisions under which international economic law levers are more likely to foster sustainable development, as well as the most effective interpretive weight for them. Finally, it highlights the utility of insights on international economic law and sustainability.
Trade and Investment Treaties and their Impacts
Authors: Cordonier Segger Marie-Claire
Published: August 2021

This chapter begins by reviewing and critiquing the ‘Environmental Kuznets Curve’ and the argument of liberal and neo-liberal theorists that increases in international trade and investment flows, by supporting economic growth, will automatically prove positive for both social development and the environment. It foreshadows three key points of tension between trade and investment flows and sustainable development, providing a framework for the analysis of sustainable development-related innovations in global and regional economic agreements in the following chapters. It then briefly introduces and discusses impact assessments of trade and investment agreements. It discusses the EU approach (sustainability impact assessments), the US approach (environmental reviews), the Canadian approach (environmental assessments) and the approaches used in selected human rights and social impact assessments, and sets the foundation for the discussion that follows in the next chapter.
Material Impacts of Trade and Investment on Sustainable Development
Authors: Cordonier Segger Marie-Claire
Published: August 2021

Based on a survey of concerns raised in recent sustainability impact assessments (SIAs), environmental reviews (ERs) and environmental assessments (EAs), this chapter uncovers illustrative examples which help explain the potential material impacts of increased trade and investment on economic, social and environmental conditions that can affect countries’ potential for sustainable development. To this end, it briefly reviews material economic, social and environmental concerns documented in European SIAs such as the EU-Chile SIA; in North American ERs such as the Chile-US ER; and other impacts assessments, including several social and human rights impacts assessments. It then draws on this review to consider the negative social and environmental impacts that may be caused or exacerbated by trade and investment treaty provisions, recognizing that social and environmental impacts of liberalization under trade and investment agreements are not always positive. Further, it introduces the need to consider how States are seeking to mitigate such impacts, including the necessary policy and legal dimensions discussed in the following chapter.
Integration as a Principle of European Law, and its Relevance to the Negotiation of Trade and Investment Agreements
Authors: Cordonier Segger Marie-Claire
Published: August 2021

This chapter briefly reviews, in the context of extensive literature, how the principle of integration has been applied by the European Union (EU) in its trade and economic decision-making in accordance with the EU’s agreed sustainable development objective. It considers what the European law and policy experience with integration can tell us about how the three tensions identified earlier in this volume may be addressed in international economic agreements. The chapter draws three key insights vis-à-vis integration of environmental and social concerns to address the tensions occasioned by new economic liberalization rules: first, increases in the scale or scope of trade and investment flows are not meant to cause direct material environmental damage through increases in unsustainable economic development activities; second, economic policies and agreements are not intended to create incentives for trade and investment led economic growth that will exacerbate serious environmental and social problems; and third, evolving trade and investment policies and treaties are not intended to encourage unsustainable growth.
The Limits of Addressing Sustainable Development in the WTO Regime
Authors: Cordonier Segger Marie-Claire
Published: August 2021

This chapter briefly discusses the observation that sustainable development is now firmly embedded in the World Trade Organization (WTO) legal regime, as an objective, but the implication for this commitment remains contested as WTO members have differing views on sustainable development. Beyond the recognition of the interpretive value as part of the ‘object and purpose’ of the WTO Agreements, there has been little progress to date at the global level in finding and agreeing on specific mechanisms by which integration of environmental and social development priorities might be secured at the WTO. There is also very little space for actual cooperation on trade-related aspects of environmental or development law and policy, addressing the second tension detailed in Sections 1 and 2, and there is as yet very little progress in enhancing trade in more sustainable goods and services, though Doha negotiations continue. The chapter also discusses how it is not yet clear, in the WTO, what specific provisions and measures could be enacted to use trade to actually support sustainable development, or what additional cooperation might be undertaken by the WTO on trade-related environmental concerns, or on trade-related social issues.
Integrating Social and Environmental Considerations into Trade and Investment Agreements, for Sustainable Development
Authors: Cordonier Segger Marie-Claire
Published: August 2021

This chapter summarizes the findings of the research and draws together the explanations of these findings explored throughout the volume. Key findings include; the observation that States are adopting sustainable development as part of the ‘object and purpose’ of trade law, both in the World Trade Organization (WTO) and in many regional trade agreements (RTAs); the observation that States are also adopting innovative operational provisions to prevent trade and investment law from constraining legitimate new environment and social development measures and the enhancement of trade and investment in more sustainable sectors; as well as the observation that that there is an important procedural aspect to the integration of environmental and social development concerns in trade and investment law and policy. Drawing on these findings, the chapter summarizes opportunities for States to address key tensions between trade, environmental and social development regulations through the adoption of integration measures for sustainable development in the treaties, and three steps that States can take towards meaningful integration.
How Compulsory Voting Affects Individuals
Authors: Singh Shane P.
Published: August 2021

This first theoretical chapter develops an expectation that individuals with negative orientations toward democracy are less likely to support compulsory voting. With reference to existing theory about the psychological, attitudinal, and behavioral effects of coercion, the chapter then puts forth expectations about how compulsory voting will amplify the relationships between orientations toward democracy and support for political authorities, support for outsider or extremist parties, and political sophistication. The chapter argues that negative orientations are more likely to be predictive of “antidemocratic” attitudes and behaviors, as well as a lack of political sophistication, where reluctant individuals are compelled to vote. At the same time, the chapter advances the expectation that pro-democratic orientations are more likely to boost attitudinal and behavioral support for the democratic system and its authorities, as well as to engender higher political sophistication, under mandatory rules.
How Compulsory Voting Affects Parties
Authors: Singh Shane P.
Published: August 2021

This second theoretical chapter lays out expectations about the impact of compulsory voting on the ways in which political parties seek votes. It argues that compulsory voting’s influence depends on whether parties are situated inside or outside of the political mainstream. It first proposes that parties’ reduction of get-out-the-vote tactics under mandatory rules will be stronger if they belong to the political mainstream. It then develops expectations about mandatory voting’s influence on the ways in which parties position themselves to attract support. The chapter puts forth the hypothesis that compulsory voting incentivizes mainstream parties to move toward the center of ideological space in an effort to appeal to voting populations that are broadly reflective of society as a whole. For non-mainstream parties, alternatively, mandatory voting incentivizes vote seeking at the extremes in order to appeal to those who are cajoled to the voting booth against their will.
Exporting the European Order Beyond the Border
Authors: Del Sarto Raffaella A.
Published: August 2021

The chapter focuses on the specific modus operandi of European policies towards the states of the Mediterranean Middle East and North Africa in the time period under consideration (1995 to 2015). It highlights the modalities of Europe’s attempt to export large parts of the European order beyond its borders. These have entailed the co-optation of political and economic elites in the MENA states, in addition to the selective ‘outsourcing’ of EU border controls to its southern periphery. Focusing primarily on trade policy and migration, security, and border control cooperation, the chapter shows that the interests and rationale of European policies towards its southern periphery remained largely unchanged during these two decades, both before and after the Arab uprisings.
Contestation, Leverage, and Interdependence
Authors: Del Sarto Raffaella A.
Published: August 2021

This chapter discusses questions of interdependence and the power relations that underpin the dynamics of the relationship between Europe and the Mediterranean Middle East. Highlighting the growing interconnectedness between the two regions in a broader framework of structural dependency, the chapter also sheds light on the strategies and policies adopted by MENA states vis-à-vis the Europeans. Emphasizing the agency of MENA states, this chapter provides empirical evidence of the bargaining power single countries have acquired in their relations with Europe, particularly on the issues of migration, security cooperation, and border control. These findings are then placed in the broader context of the major debates on dependency, power, and interdependence in the International Relations literature.
Medial Prefrontal Cortex
Authors: Passingham Richard E.
Published: August 2021

In primates, the medial prefrontal cortex (PF) supports sequences of self-generated actions that are performed spontaneously and without external cues to instruct the action that is appropriate. Instead, the actions are performed on the basis of memories of previous events and their outcomes. Inputs from the parahippocampal and hippocampal cortex provide information about the scene or context; and inputs from the amygdala and orbital prefrontal cortex specify the outcomes. In ancestral anthropoids the hippocampal system for navigation was co-opted to support the retrieval of sequences of actions performed with the hand and arm, as in foraging. Outputs to the medial premotor areas influence the choice of actions, either for exploiting current resources or for exploring so as to find new ones. In anthropoids, visual and auditory inputs also convey the actions of conspecifics and predators so that the animal can predict what others are going to do.
Orbital Prefrontal Cortex
Authors: Passingham Richard E.
Published: August 2021

The orbital prefrontal cortex (PF) receives inputs from the olfactory, gustatory, somatosensory, visceral, and visual cortex. It is also interconnected with the amygdala which represents the current value of the resources, given the internal state of the animal. The worth of the different foods is compared in a ‘common currency’ of value. The central sector of the orbital prefrontal cortex uses vision to predict the value of the resources. These changes depend on the extent to which the animal has already become satiated on a particular food, and an interaction between the amygdala and the orbital PF cortex supports the ability to choose a new food, rather than the one on which the animal has become satiated. The lateral sector of the orbital PF cortex supports the ability to change behaviour depending on the outcome.