bluuebunny/crossref_metadata_2025_split huggingface dataset:
The UN Sustainable Development Goals and the Governance of Global Public Goods
Authors: Huck Winfried 
Published: September 2021

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

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

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

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

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

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

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

Abstract
The rite of confession played a unique role in the legal, political, social, and cultural worlds of imperial Russia from the moment that Tsars as well as hierarchs realized that having their subjects go to confession could make them better citizens as well as better Christians. For three centuries, confession became a political tool, a devotional exercise, a means of education, and a literary genre. It defined who was Orthodox, and who was ‘other.’ From first encouraging Russian subjects to participate in confession to improve them and integrate them into a reforming Church and State, Church and state authorities working hand in hand turned to confession to integrate converts of other nationalities. But the sacrament was not only something that state and religious authorities sought to impose on an unwilling populace. Confession could provide an opportunity for carefully crafted complaint. What state and church authorities initially imagined as a way of controlling an unruly population could be used by the same population as a way of telling their own story, or simply getting time off to attend to their inner lives. This book brings Russia and Ukraine to the rich scholarly and popular literature on confession, penance, discipline, and gender in the modern world, and in doing so opens a key window onto church, state, and society. It brings together sources and discourses that are usually discussed separately. It draws on state laws, Synodal decrees, archives, manuscript repositories, and Consistories in Moscow, St. Petersburg, Kyiv, and Kazan. It also uses clerical guides, sermons, saints’ lives, works of literature, and visual depictions of the sacrament in those books and on church iconostases. Russia, Ukraine, and Orthodox Christianity emerge both as part of the European, transatlantic religious continuum—and, in crucial ways, distinct from it.
A Values-based Approach
Authors: Daly Paul 
Published: September 2021

Abstract
This chapter introduces the means of achieving the three objectives of this book: to enhance the understanding, guide the future development and justify the core features of contemporary administrative law. First, the historical backdrop to the development, in recent decades, of general principles of administrative law is explained. Second, the four values which provide structure to the law of judicial review of administrative action are introduced: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. Third, an explanation on how these values are used to interpret the core features of contemporary administrative law is given. Fourth, the chapter addresses the book’s comparative approach, justifying the choice of Australia, Canada, England, Ireland and New Zealand as its focus. Fifth, this chapter situates the book’s interpretivist approach, which relies on a plurality of values, in the existing scholarly literature on administrative law, noting that unlike others this book does not argue that there is one single meta-value, meta-principle or meta-concept around which the subject revolves. Lastly, this chapter provides an overview of the rest of this book.
Defending Administrative Law
Authors: Daly Paul 
Published: September 2021

Abstract
This concluding chapter has two objectives. First, to demonstrate the robustness of the interpretation of contemporary administrative law presented in the preceding chapters, underscoring how useful this interpretive analysis is to understanding the law of judicial review of administrative action and guiding its future development. Second, the chapter defends the legitimacy of the core features of judicial review of administrative action, as these have been developed over the years by judges. In achieving these two objectives, the chapter relies on the criteria for testing the robustness of legal theories set out by Professor Stephen Smith in Contract Theory: fit, transparency, coherence and morality. The interpretation of contemporary administrative law described in this book fits the decided cases, it is reasonably transparent, it is coherent and it rests on recognisably moral foundations. In short, to conclude, contemporary administrative law facilitates the flourishing of individuals, of public administration and of the liberal democratic system.
Contingency in International Legal History
Authors: Painter Genevieve Renard 
Published: September 2021

Abstract
Why are international legal scholars abandoning international law’s structuralism and searching for contingent pasts and plural futures? And why now? I use a revisionist history of the Haudenosaunee Confederacy’s claims at the League of Nations to explain the current preoccupation with the contingency-necessity debate. First, putting international law ‘in context’ yields more contexts and more contingency. This puts pressure on what counts as law, an issue of existential concern for international law. The controversy over contextualising and the contingency it exposes express anxiety about the differentiation of international law. Second, international law comes with its own theory of history. The debate shows scholars are repudiating international law’s own structuralist progress narrative. Third, the contingency-necessity debate is politics dressed as methodology. Necessity stories give international law a future to fight for, whereas contingency stories leave it rudderless. The controversy shows that we, scholars, do not know what to do about international law’s present or future. The heat shows we wish we did.
An Enlarged Sense of Possibility for International Law
Authors: E Nijman Janne 
Published: September 2021

Abstract
This chapter explores the so-called ‘Turn to History’ in international legal scholarship. Interest in the intellectual history or ‘history of ideas’ of international law has surged around the last turn of the century. Nijman contextualises this development and stages three possible approaches of why and how to study ideas and theories of the past. A central proposition is that the field of ‘History and Theory of international Law’ ultimately aims to establish a dialogue between international legal thought then and now. In this way (and by employment of, eg, the Cambridge School method) a critical distance emerges with respect to our own international legal thinking and its underlying political and moral ideas. The meaning of international law ideas changes through time and use—in the study thereof lies the critical potential and value for our own thinking. As such, ‘doing history’ comes with what Quentin Skinner calls ‘an enlarged sense of possibility’. The chapter argues for a ‘doing history’ that liberates us from the hegemonic constraints that past thought and beliefs may place on our imagination. It builds on Roberto Mangabiera Unger’s image of ‘frozen politics’ and ‘false necessity’ to argue that change of our institutions is possible. In short, the chapter argues that doing history produces awareness of the contingency of received beliefs, values, and institutions, and as such produces a sense of possibility—and arguably—responsibility. It suggests/recognises a capacity to reimagine and act. It is transformative and empowers to establish (institutional) change and get our (global) act together. An empowerment we desperately need. The chapter ends by alluding at the change sought: Unger and Ricoeur are brought together in a brief argument for the reimagination of just institutions.
The Contingency of International Migration Law
Authors: Mégret Frédéric 
Published: September 2021

Abstract
This chapter reviews the complex contingency of international migration law. Freedom of movement was once the default position in international law, only to give way to a system that took it for granted that sovereignty entails the ability to restrict immigration. This startling transition is one that is largely forgotten and even at the time was hardly argued for, revealing an apparent case of ‘false necessity’ in which the law could seemingly have gone either way. In further prodding that transition, however, the chapter suggests that one should not fall into the trap of ‘false contingency’. The move to a concept of restrictive migration was, in fact, deeply conditioned by liberal international law’s obliviousness to its own imperial and racial biases. Understanding international law’s evolution requires us to understand how it absorbed imperial laws’ own experimentations with coerced and asymmetric mobility and the crumbling of Empires as spaces of imagined internal movement, notably as Southern bodies sought to move to the North. This can help us reexplore some of international law’s own earlier hesitations about transnational freedom of movement and develop an appreciation of how the flexibility of international legal discourse prepared the ground for exclusions to come. Reimagining the international law of migration would thus entail a radical reassessment of these imperial and racial biases.
Who Turned Multinational Corporations into Bearers of Human Rights?
Authors: Steininger Silvia , Bernstorff Jochen von 
Published: September 2021

Abstract
Who turned multinational corporations into bearers of human rights? This contribution analyses the recognition and transformation of the idea of legal persons as rights holders from a rather isolated and restricted phenomenon in some domestic contexts, into a broader and fully-fledged recognition of corporations as human rights bearers in international law. Throughout the last decades, the highly contested and by no means obvious recognition of corporations as independent right holders has become a salient discursive element in two fields of international law; international human rights law and international investment law. By inquiring into the role of historical contingency, we analyse the interplay between events and discursive structures that led to the creation of corporate human rights. We argue that this development can be traced back to three historical events post-1945: First, the inclusion of legal persons in the drafting process of the European Convention on Human Rights (ECHR) and its First Additional Protocol in the late 1940s. Secondly, the jurisprudence of the European Court of Human Rights (ECtHR), peaking in the 1980s, which effectively promoted and expanded corporate rights. Thirdly, the migration of corporate human rights into the realm of investment arbitration in the early 2000s. Ultimately, we situate this critical re-description of corporate human rights in the debate on counterfactual thinking and the problem of false contingency, asking the question whether an alternative course of events would have been possible.
From Situated Freedom to Plausible Worlds
Authors: Moyn Samuel 
Published: September 2021

Abstract
This volume has provided a potent reminder of the need for a cautious and intelligent embrace of contingency in explaining the past and framing hopes for the future of international law. The contingent, properly understood, is neither the utterly random nor the wholly determined. At its best, interest in contingency expresses a commitment to a theory of situated freedom: a desire to reach a proper sense of what options are available to us, neither conceding to the claims of unbending necessity nor pretending to an unbound and utopian sense of anarchic possibility that generally collapses into its opposite when it crashes into a recalcitrant world. The chapter closes with some thoughts about the scholarly uses of counterfactuality.
Deeper Decentralization, Fewer Women?
Authors: Johnson Martha C. , Muriaas Ragnhild , Clayton Amanda , Robinson Amanda Lea 
Published: September 2021

Abstract
Chapter 4 asks whether the decentralization of political power to the local level eases women’s entry into electoral politics. This study assesses the proposition that decentralizing power facilitates women’s political entry by comparing women’s nomination experiences in the local elections of Benin and Malawi. In Benin, consistent decentralization has expanded the power and political appeal of local councils, while in Malawi, halting decentralization had created relatively less powerful and less appealing councils. The authors argue that this difference in decentralization helps explain why women in Malawi have fared better in local elections than in Benin. They find that, as local bodies acquire more power, the cost and competitiveness of local elections increases and undermines women’s ability to secure a party nomination.
With Hands Tied
Authors: Gichohi Matthew 
Published: September 2021

Abstract
Chapter 5 examines Martha Karua’s 2013 run for Kenya’s presidency as the head of a political party. Drawing on extensive participant observation, field visits, and interviews, the chapter shows that Karua’s gender led people to question her capacity to mobilize patronage resources and serve as a reliable representative of her ethnic community. Her apparent lack of personal financial resources, alienation from the ruling party, and struggles to raise funds from other sources reinforced these biases. Lacking the financial resources and political access needed to win votes through clientelistic strategies, Karua chose to build on her reputation as a reformer and conduct a programmatic campaign. The chapter demonstrates, however, that this strategy failed in two respects: voters and potential campaign supporters did not respond en masse to her programmatic appeal; many candidates in her party disregarded the strategy, as they continued to rely on clientelistic tools to win over voters.
The Gender of Public Opinion
Authors: Faragher Megan 
Published: September 2021

Abstract
As contributors to Mass-Observation, Naomi Mitchison and Celia Fremlin emphasize the important, and often undervalued, role of qualitative analysis in the assessment of public opinion throughout their fiction. While the British Institute for Public Opinion often excluded women as both researchers and research subjects, Mass-Observation’s (M-O) structure was more open to input from women as both observers and subjects of observation. After she touted the political value of mathematics in her Greek-inspired short story collection The Delicate Fire, Mitchison uses her novel We Have Been Warned to imbue more skepticism about the egalitarian value of statistical analysis; the protagonist, Dione Galton, learns only too late that her own instincts about the rise of fascism in England, ventriloquized through the ghost Green Jean, were far more accurate than the polling cards she used to predict her husband’s eventual electoral defeat. Likewise, Celia Fremlin’s postwar novel, The Hours Before Dawn, validates the supposedly irrational fears of her protagonist, Louise Henderson, who must contend with patronizing experts in her effort to thwart the violent impulses of her new tenant Vera Brandon. Both novels, influenced by the authors’ experiences working for M-O, contend that quantitative analysis alone is insufficient to capture the complexity of women’s wartime experiences. This chapter argues that the contributions of M-O researchers and novelists like Fremlin and Mitchison present the possibility of a road untrodden in the history of social psychology research, as the fetishizaton of data over experience eventually drowned out the possibilities of more holistic and qualitative methods.