bluuebunny/crossref_metadata_2025_split huggingface dataset:
Institutionalization Trends in Fresh Water Governance
Authors: Boisson de Chazournes Laurence 
Published: September 2021

Abstract
Institutions of a varied nature and with diverse mandates are involved with the protection and management of fresh water. Indeed, there has been an ever-increasing institutionalization trend in fresh water governance since the nineteenth century. As some of the first international institutions to be established, basin organizations and commissions have helped—and continue to help—strengthen cooperation among riparian countries, as well as to facilitate other concerned actors’ involvement in this endeavour. Since the early 1970s, the mandates of international organizations have increasingly included a variety of issues related to water protection and management. Among these issues is the provision of technical and financial assistance, which now serves as a key governance tool. Moreover, partnerships among various stakeholders have also been established and these are explored in this chapter.
Economic Development, Upgrading, and Coordination
Authors: Garcia Calvo Angela 
Published: September 2021

Abstract
This chapter sets the stage for the remainder of the book by presenting in detail the contours of industrial upgrading in Spain and Korea, the problems with competing explanations, and the alternative explanation adopted in this study. It consists of four sections. The first assesses the change in Spanish and Korean industries by comparing two stylized images: one of Spain and Korea in 1985, at a time when they were starting to upgrade, and another in 2011, when they had already reached advanced country status. The second takes stock of the broader debates on industrial upgrading and economic transformation and their implications for how we understand the transformation of the two countries. The third proposes nonhierarchical coordination as an alternative explanation and discusses how it helps understand the Spanish and Korean cases. The final section concludes by presenting a preview of the rest of the book.
Rethinking Spain and Korea through a State–Firm Coordination Perspective
Authors: Garcia Calvo Angela 
Published: September 2021

Abstract
This chapter retells the story of Spain’s and Korea’s upgrading from the perspective of state–firm coordination. The larger purpose is to showcase the book’s argument and its explanatory power. The chapter consists of six sections. After the chapter’s introduction, section 2.2 situates large Spanish and Korean firms and discusses their limitations. Section 2.3 defines upgrading as a coordination problem and explains why states were necessary for upgrading. Section 2.4 characterizes Spain’s and Korea’s pathways to upgrading and analyzes the factors that led each country to choose a particular strategy. Section 2.5 evaluates the outcomes of upgrading and discusses their broader socioeconomic implications. The final section concludes and makes a transition to the case studies discussed in the next chapters.
A′ constructions
Authors: Culicover Peter W. 
Published: September 2021

AbstractThis chapter applies the theory of the preceding chapters to A’ constructions, such as wh-questions and relative clauses. The main result of this chapter is that there is a range of ways in which the conceptual ‘work’ associated with these constructions can be expressed in the correspondence between syntax, phonology, and meaning. None of them involve ‘movement’ in the classical sense, although some constructional devices do express links between constituents not in canonical position relative to their governing heads, giving the illusion of movement.
Constructional change in Germanic
Authors: Culicover Peter W. 
Published: September 2021

AbstractThis chapter tracks several of the major changes in English and German word order and accounts for them in terms of constructional change as formulated in Chapter 3. It argues that the changes are relatively simple in constructional terms, although the superficial results are quite dramatic. Topics include clause-initial position, V2, VP-initial and VP-final verb position, the loss of V2 and case marking in English, and verb clusters in Continental West Germanic.
Constructional economy and analogy
Authors: Culicover Peter W. 
Published: September 2021

AbstractThis chapter looks more deeply into what constitutes constructional economy, and why it plays a role in shaping the form of grammars. It argues that constructional economy is the consequence of what has been called ‘analogy’ in the traditional linguistics literature. Specifically, the chapter suggests that economy in constructions derives from placing a high value on the use and reuse of the components of the processing routines associated with constructional correspondences. This general approach is used to seek explanations for a range of typological patterns, referred to generally as ‘style’.
Assets and Domestic Units
Authors: Brockington Dan , Coast Ernestina , Mdee Anna , Howland Olivia , Randall Sara 
Published: September 2021

Abstract
Tracking change in assets access and ownership in longitudinal research is difficult. Assets are rarely assigned to individuals. Their benefit and management are spread across domestic units which morph over time. And this dynamism means that any claim about changing prosperity must also include other important claims about how prosperity should be measured and the stability of the social units which experience that prosperity. The chapter reviews the challenges of using assets to understand poverty dynamics, and tracking the domestic units that own and manage assets. It argues that changing asset ownership can be tracked, but who owns them and how their benefits are distributed—and how those distributions change—remains key.
Exploring Long-Term Changes in People’s Welfare on the Uporoto Highlands, Mbeya District, Tanzania
Authors: Sokoni Cosmas , Tilumanywa Verdiana 
Published: September 2021

Abstract
Changes to villages near to Mbeya in the Uporoto Highlands show a mixture of changing fortunes. New cash crops such as potatoes and trees have arrived. But there has been a decline in pyretheum. And some stands of planted trees make neighbouring lots less productive. There have also been restrictions on access to land in state farms and new conservation areas. Herd growth, whilst there are indications of an improved standard of living in some instances, is patchy. Other domestic units are losing capabilities particular as they age. Poorer households have not been able to build assets easily.
Administrative Procedure and Judicial Review: A ‘Common Core’ Research
Authors: Cananea Giacinto della , Andenas Mads 
Published: September 2021

Abstract
This chapter begins by explaining why judicial review of administration is interesting terrain for a comparative analysis, also in the light of European and international principles. It is helpful to bear in mind that, for a long period of time, a strand of thought in public law has contested not just the usefulness, but even the possibility of a meaningful comparison between national systems of judicial review. It is important, however, to take cognisance of two fundamental dimensions of change: one is the increasing specialization of the courts that exercise control over administrative power and the other is the emergence of common principles at European and international level. The chapter then highlights the importance of procedural fairness and propriety, although the legal relevance and significance of these principles will differ depending upon the history of any society and its political choices. It also addresses some methodological issues, including the nature of the 'factual analysis' and the choice of legal systems.
Administrative Procedure and Judicial Review in Belgium
Authors: Renders David , Ceci Luca , Koval Sarah 
Published: September 2021

Abstract
This chapter evaluates administrative procedure and judicial review in Belgium. The Belgian Constitution embodies, in particular, two constitutional provisions for the judicial oversight of unilateral administrative measures. A Council of State was established pursuant to Article 160 of the Constitution. Under the Act adopted on the basis of this provision, the Council of State is responsible for judicial review, on condition that such review has not been attributed to another ordinary or administrative court. Moreover, Article 159 requires judges not to apply any unilateral administrative measure that would be unlawful in the context of a dispute that they are called upon to settle. All unilateral administrative provisions, whether regulatory or individual, may be reviewed. A procedural error does not necessarily lead to the censure of the unilateral administrative provision in question. However, the breach of a requirement that the administration has to fulfil leads not only to the censure of the provision but can, as the case may be, give rise to compensation.
Administrative Procedure and Judicial Review in France
Authors: Costa Delphine 
Published: September 2021

Abstract
This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.
Administrative Procedure and Judicial Review in Hungary
Authors: Varga András Zs. 
Published: September 2021

Abstract
This chapter studies administrative procedure and judicial review in Hungary. Section (1) of Article XXVIII of the Basic Law of Hungary (the Constitution of 2011) regulates the right to a fair trial reproducing the text almost word-for-word as found in Article 6 of the European Convention on Human Rights (ECHR). Consequently, anyone effected by an administrative measure has the (constitutional) right to judicial review. Section (7) guarantees the right to legal remedy against decisions of the courts, the public administration, or other authorities that infringe their rights or demonstrable interests. The two regulations are effective even separately, but their combined effect is that the judicial review of administrative action is an incontestable constitutional right. Administrative courts decide on the legality of the administrative action from the point of view of substantive and procedural administrative law, the judicial review is regulated by Act I of 2017 on the Code on Judicial Review of Administrative Actions, while a lawsuit for damages is heard by the ordinary court in a civil law procedure regulated by Act CXXX of 2016 of the Code of Civil Judicial Procedures.
Administrative Procedure and Judicial Review in Italy
Authors: Galetta Diana-Urania , Provenzano Paolo 
Published: September 2021

Abstract
This chapter illustrates administrative procedure and judicial review in Italy. According to article 113 of the Italian Constitution, 'the judicial safeguarding of rights and legitimate interests before the organs of ordinary or administrative justice is always permitted towards acts of the public administration'. In Italy, judicial review of administrative action is performed by specific courts: a court of first instance, called Tribunale Amministrativo Regionale (TAR), which is established in every Region, and the Consiglio di Stato (Council of State), which acts as an appeal court. The judicial process before these courts is now regulated by the Code of Administrative Process (CAP). Article 7 CAP provides that the administrative courts have jurisdiction over all acts that the public administrations and legal entities equivalent to them adopt in the exercise of their administrative authority. Since 1889, the Italian system of administrative justice has centred on the provision that administrative acts can be annulled by the administrative courts only in cases of 'breach of law', 'misuse or abuses of power', and/or 'lack of competence'.
Administrative Procedure and Judicial Review in Latin America
Authors: Brewer-Carias Allan 
Published: September 2021

Abstract
This chapter explains administrative procedure and judicial review in Latin America. Judicial review of administrative action has been constitutionalised in many Latin American countries, like Colombia, Costa Rica, Guatemala, Panama, Peru, Uruguay, and Venezuela, and has been the object of special laws regulating the jurisdiction. According to the Constitutions and to the laws regulating the contentious administrative jurisdiction in Latin America, all administrative provisions are subjected to judicial review as it is not possible for any administrative act to escape judicial control. Therefore, the principle applicable is the universal character of the judicial oversight of constitutionality and unlawfulness regarding regulations and administrative acts, which is exercised by the Courts without exception. In almost all Latin American countries, the rules of administrative procedure are regulated through special Administrative Procedure Lasw (APLs), which began to be sanctioned in 1972 (Argentina). In all cases where the courts find that a challenged administrative act infringes the fundamental rights of an individual or corporation, or does not meet the fundamental standards of administrative propriety and fairness, the courts of the contentious administrative jurisdiction in all Latin American countries have the power not only to annul the challenged act but, depending on the nature of the claim filed by the plaintiff, the courts can also award damages for the administrative action.
Administrative Procedure and Judicial Review in Lithuania
Authors: Andrijauskaitė Agnė 
Published: September 2021

Abstract
This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.
Administrative Procedure and Judicial Review in Ukraine
Authors: Dovhan Halyna 
Published: September 2021

Abstract
This chapter evaluates administrative procedure and judicial review in Ukraine. The Constitution of Ukraine provides that 'Administrative courts function in order to protect the rights, freedoms, and interests of a person in the sphere of public relations'. According to the Code of Administrative Proceedings (CAP), all persons have the right to bring a case before the administrative court if they consider that their rights, freedoms, or legal interests have been infringed by the decision, action, or inaction of the empowered authority. While the Constitution states that the jurisdiction of courts covers any legal dispute, the CAP entrusts administrative courts with jurisdiction over all public-law disputes. Absent a law on administrative procedure or administrative acts, in such cases the courts use the provisions of the special law that regulates the concrete sphere. They examine the administrative act or measure from the viewpoint of its conformity with the criteria set forth in the CAP. If the court finds that there has been a breach of fundamental standards of administrative propriety and fairness, it is entitled to quash the contested act or measure and also to award damages.
European Union Member States and Other European Countries
Authors: Ziller Jacques 
Published: September 2021

Abstract
This chapter focuses on the relevance of a distinction between European Union (EU) Member States on the one hand and non-EU member states on the other when trying to identify the common core of the law regarding judicial review of administrations in Europe. It begins by looking at how EU membership impacts on the issues of substance and process in the Member States' laws of judicial review of administration. The chapter then considers how the differences and similarities between EU Member States can be interpreted. It also studies the cases of Switzerland and Ukraine in greater detail. There is very little commonality between Ukraine and Switzerland, apart from the fact that both countries are Members of the Council of Europe (CoE) and thus parties to the European Convention on Human Rights (ECHR), and that they are not members of the EU, which might be an especially good reason to compare them.
Administrative Law and the Chinese Legal System: Some Issues on Judicial Review of Administration Activity
Authors: Pappano Danilo 
Published: September 2021

Abstract
This chapter explains how, in the current phase of development in the Chinese legal system, administrative law has emerged. China is undergoing a process of subjecting power to the rules which, for administrative law, concern the relationship between state and citizen, and more generally that between state and society. The current evolution is particularly rapid and favoured by changes to the economic structure in recent years, and this explains the fact that administrative law in China is on the eve of great expansion. The chapter examines some theoretical issues relating to judicial review of the exercise of administrative activity, an area which has seen the manifestation of the process of legalization of administrative power, as has happened in Western legal systems. Over the last few years, the development and interpretation of the instruments available has progressed while the availability of instruments has tended to broaden, even if currently legal protection is still in its early stages. However, all this will naturally require a long period of settling, as in Western countries; hence the evident need for gradual change as the fruit of a realistic approach.
Introduction: Centering Intersectionality
Authors: Bond Johanna 
Published: September 2021

Abstract
Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, for example, often target women on the basis of both gender and ethnicity. When human rights actors intervene on behalf of those harmed by sexual violence in armed conflict, they must understand the intersectional complexity of those violations. Global Intersectionality and Contemporary Human Rights examines the influence of intersectionality theory on human rights law in the modern era and its evolution as a theoretical framework in the United States and around the world. This volume draws on feminist theory, critical race theory, and human rights jurisprudence to argue that scholars and activists have underutilized intersectionality theory in the global discourse of human rights. This chapter introduces readers to the book’s argument that the United Nations and other human rights organizations must do more to actively embrace intersectionality as an analytical framework for the promotion of human rights around the world.
Evolution of Intersectionality in the UN Treaty Bodies
Authors: Bond Johanna 
Published: September 2021

Abstract
This chapter details the increasing attention to intersectionality theory within the work of the UN human rights treaty bodies, committees of experts who oversee implementation of the human rights treaties. Although scholars and activists have explored and advocated for intersectionality theory in the international human rights context for almost twenty years, the UN has been slow to incorporate and make use of intersectionality’s insights. Since approximately 2000, UN treaty bodies have cautiously begun to explore intersectionality as a theoretical framework for examining rights violations. The results of this trend are encouraging. When the treaty bodies embrace intersectionality, they are better able to reflect and remedy the complexity of human rights violations. Remedies focused only on one axis of discrimination, in contrast, provide only limited relief for victims and stymie a full and nuanced understanding of the violations at issue.
Intersectionality and Human Rights within Regional Human Rights Systems
Authors: Bond Johanna 
Published: September 2021

Abstract
This chapter explores the ways in which regional human rights systems, which operate alongside the UN human rights system, have increasingly embraced intersectionality in their analysis of complex human rights violations. After a review of each system’s basic structure and primary human rights treaties, the chapter briefly examines the ways in which the treaty language itself includes, or does not include, intersectional principles. The chapter then reviews the “soft law” related to intersectionality within each regional system: the non-binding law or policy reflected in regional recommendations, guidelines, or programs. Although it is impossible to comprehensively cover the regional human rights jurisprudence given the scope of the chapter, each section offers a generalized overview of the regional system’s approach to intersectionality in its non-discrimination jurisprudence. Finally, each section provides an example of intersectional discrimination and a more detailed description of how the relevant judicial bodies have approached intersectionality. The chapter uses an intersectional lens to explore LGBTQI (lesbian, gay, bisexual, transgender, queer and/or questioning, and intersex) rights in the African region, the rights of poor and Indigenous women to be free from violence in the Americas, and the equality rights of Roma women in the European system.
Intersectionality in Treaty Body Decisions
Authors: Bond Johanna 
Published: September 2021

Abstract
This chapter uses the Committee on the Elimination of Discrimination Against Women (CEDAW) as a case study to explore the extent to which the UN treaty bodies have embraced intersectionality in their examination of individual complaints. In many cases, the UN treaty body system allows human rights victims to seek justice for rights violations by submitting a human rights complaint to one of the treaty bodies. The ability to bring a complaint to an international body offers victims a chance at compensation, remedies that may prevent future violations, and an acknowledgment that the state violated their rights. Although the complaint process cannot bring back a family member who was, for example, murdered by representatives of the state, holding the government accountable for its actions can be a powerful remedy for many victims. This chapter probes for evidence of intersectional analysis in one Committee’s consideration of individual complaints. The Committee’s jurisprudence reveals that it is moving toward an intersectional approach, which will enhance available remedies and lead to stronger human rights protection.