bluuebunny/crossref_metadata_2025_split huggingface dataset:
From Genocidal Imperialist Despotism to Genocidal Neocolonial Dictatorship
Authors: Agozino Biko 
Published: June 2023

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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