bluuebunny/crossref_metadata_2025_split huggingface dataset:
Biodiversity Litigation in France
Authors: Futhazar Guillaume , Dermenghem Lucas 
Published: December 2022

Abstract
Biodiversity litigation is not a novel concept for French courts. Administrative courts have been dealing with biodiversity-related cases for decades. This is not surprising as the French legislator has enacted several laws concerning the constitutive elements of biodiversity (species and habitats mostly) years before the term ‘biodiversity’ was coined as a central concept of environmental governance. In this chapter, the main trends of biodiversity litigation are identified. In doing so, the potential influence of international biodiversity law on the judges’ decisions is also identified. Biodiversity litigation is a phenomenon that occurs mainly before the criminal and administrative courts, administrative courts being the most influential on the evolution of biodiversity law in France. Before the administrative courts, biodiversity litigation amounts to a balancing exercise between environmental considerations and other competing interests. In this balancing exercise, the importance of scientific expertise, especially the expertise produced by public institutions, is fundamental. Although France is heavily involved in the evolution of IBL, this corpus of law has a marginal influence on biodiversity litigation. The chapter argues that the French administrative judge should be more welcoming of IBL in order to bring about more coherence in the implementation of biodiversity law more generally.
Biodiversity Litigation Before the Court of Justice of the European Union
Authors: Born Charles-Hubert , Schoukens Hendrik 
Published: December 2022

Abstract
The EU is arguably one of the major players in the field of international biodiversity governance and has ratified most of the prominent treaties in the field of nature conservation. During the past decades, the EU has, moreover, adopted a set of progressive directives and regulations, which aim for the recovery of the EU’s most threatened habitats and species and, indirectly, implement its biodiversity-related pledges. This chapters addresses the litigation strategies aimed at ensuring a better compliance with international biodiversity law (IBL). The picture that emerges is distinct: on the one hand, the supranational character of the EU legal order guarantees a more effective application of IBL whereas, on the other hand, it limits the added value of IBL. Only in a limited numbers of cases, has the Court of Justice of the EU (CJEU) referred to IBL. At the same time, however, the past decades have seen an increased rise in the legal protection that is provided for in nature protection cases, especially before the national courts. A plethora of decisions of the CJEU underlines the sharp teeth of many of the protection regimes that apply in EU law to endangered species and habitats, also in the context of economically important sectors, such as port expansion, intensive agriculture practices, and industrial facilities. The limited access for NGOs in direct annulment proceedings before the CJEU, however, underlines the lack of effective protection against unsustainable decisions for biodiversity adopted at the EU level. In future years, one can expect a rise of strategic biodiversity-based lawsuits, that focus on more systemic challenges to biodiversity, such as climate change, nitrogen pollution, and habitat fragmentation.
Biodiversity Litigation
Authors: Futhazar Guillaume , Maljean-Dubois Sandrine , Razzaque Jona 
Published: December 2022

Abstract
Beyond the great diversity of national contexts and disputes examined in this volume, this synthesis gathers the key insights from our case studies and attempts to provide answers to the questions that motivated the launch of this project. It presents the trends in biodiversity litigation identified in the different chapters of this book and in the literature. It shows that the most significant influence of international biodiversity law, both in terms of frequency and in terms of impact, is to be found in its indirect influence, particularly as an interpretative tool. It highlights the way in which biodiversity litigation has evolved over the years to exhibit certain patterns such as the involvement of NGOs and indigenous peoples and local communities, the progressive opening up of judges to science and expertise, and the uneven influence of rights discourses. Litigation appears as one of the tools that can help to improve the effectiveness of biodiversity law and policies, although this depends largely on the legal and institutional context. Even if it does not yet have an identity as strong as ‘climate litigation’, there is some merit in welcoming ‘biodiversity litigation’ as a staple of environmental law. It opens the door to more creative legal thinking when dealing with biodiversity-related disputes and refines the discourses around environmental litigation.
Resisting Comparisons of Comparable Items
Authors: Katsafanas Paul 
Published: December 2022

Abstract
Sacred values might seem ethically problematic. After all, sacred values are treated as inviolable (tradeoffs with ordinary values are forbidden), incontestable (even contemplating such tradeoffs is prohibited), and dialectically invulnerable (no rational considerations can disrupt the agent’s commitment to the value). So, can maintaining sacred values ever be justifiable? This chapter argues that it can be reasonable to maintain sacred values. Moreover, in certain cases, treating a goal, activity, or relationship as possessing ordinary rather than sacred value constitutes a moral failure: the refusal to adopt sacred values involves a pernicious form of devaluation, in which the agent fails to be appropriately moved by important values.
Group Fanaticism and Narratives of Ressentiment
Authors: Katsafanas Paul 
Published: December 2022

Abstract
This chapter focuses on a disturbing characteristic of certain contemporary groups, movements, and political ideologies: their fanatical nature. What does it mean to characterize a group, movement, or ideology as fanatical? According to the generative view of group fanaticism, a group qualifies as fanatical if and only if it promotes individual fanaticism. How might a group promote individual fanaticism? One mechanism for encouraging individual fanaticism is by advancing a group narrative that fuels the emotion of ressentiment—a vengeful, impotent hatred directed at those perceived as wronging you. The chapter explores the tendency of fanatical groups to promote ressentiment among their members, and it analyzes the ways in which ressentiment feeds individual fanaticism.
Standards of Review in the Practice of International Courts and Tribunals
Authors: Lanovoy Vladyslav 
Published: December 2022

Abstract
Most of the rules that international courts and tribunals are called to apply do not prescribe the standard that is to be used when reviewing the decisions of domestic authorities. As a result, international courts and tribunals have applied a variety of standards to such review exercises, either expressly or impliedly, which range from the most intrusive (de novo) to the most deferential (clearly erroneous or manifest lack of reasons), with many in between (reasonableness, good faith, or abuse of discretion). This chapter examines the practice of international courts and tribunals with a view to identifying criteria that appear to inform their selection of a standard of review. It also discusses normative repercussions that the use of a diversity of standards of review, coupled with the failure of international courts and tribunals by and large to justify their selection, may have on the international dispute settlement system.
Saving Regulatory Space for States through the Standard of Review
Authors: Gruszczynski Lukasz 
Published: December 2022

Abstract
This chapter looks at the latest case law of World Trade Organization (WTO) panels and the Appellate Body, investment tribunals, and the Court of Justice of the European Union (CJEU) relating to tobacco control measures. In this context, the chapter analyzes the use of standard of review by international economic law (IEL) dispute settlement bodies (DSBs) when dealing with complex factual determinations that form the basis for national regulatory measures. It argues that IEL DSBs have applied deferential standard of review when analyzing national tobacco control measures. While the approaches taken by different IEL DSBs are not identical, all of them seem to aim at guaranteeing a considerable margin of discretion to national regulators, thus promoting unity in the IEL field and reinforcing legitimacy of DSBs’ decisions. This also means that the DSBs have actually preserved, rather than undermined, the regulatory space available to states.
A Priori Causal Inferences in the Law of the World Trade Organization
Authors: Gascoigne Catherine E 
Published: December 2022

Abstract
This chapter examines the way in which current World Trade Organization (WTO) jurisprudence makes determinations regarding causation based on an a priori inferences about the nature of the cause. In particular, this tendency can be seen in the following three areas of WTO law: (1) Serious Prejudice (articles 5(c) and 6.3 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement)); (2) the General Exceptions (article XX of the General Agreement on Tariffs and Trade (GATT 1994) and article XIV of the General Agreement on Trade in Services (GATS)); and (3) the calculation of nullification and impairment for the purposes of retaliatory measures (article 22.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and article 4.10 of the SCM Agreement). The chapter will then turn to consider an alternative approach to determining causation in these agreements based on econometric models in order to interrogate real-world effects.
Proving Bad Faith in International Law
Authors: Çalı Başak 
Published: December 2022

Abstract
The aim of this chapter is to analyze the European Court of Human Rights’ (ECtHR) evolving bad faith jurisprudence against the backdrop of the difficulties associated with proving bad faith violations in international law. By way of a close reading of the case law of the ECtHR between 2004, when it found its first bad faith violation until 2020, the chapter investigates how the Court has come to treat good faith as a rebuttable presumption, how the secondary rules of evidence concerning bad faith violations have developed in the case law of the Court over time, and the consequences of these developments for the primary rule provided in article 18 of the European Convention on Human Rights (ECHR). The chapter argues that the development of secondary rules of evidence to prove bad faith violations of the ECHR are closely interrelated with the recent developments in the interpretation of primary rules of the ECHR under article 18. The ECtHR’s bad faith case law has, over time, evolved away from a direct and subjective evidence paradigm to a circumstantial and indirect evidence paradigm. At the same time, the substantive interpretation of article 18 of the ECHR , too evolved, to signal that the use of domestic laws and judicial proceedings in the service of anti rule of law and antidemocratic agendas constitutes a violation of the ECHR. These developments make the ECtHR an avant-garde adjudicatory body in developing secondary rules of evidence for deciding whether states violate their international law obligations in bad faith.
Women’s Constrained Philosophical Participation
Authors: Stone Alison 
Published: December 2022

Abstract
This chapter explores how women were able to do philosophy in nineteenth-century Britain despite patriarchal constraints. Drawing on scholarship on print culture and Victorian periodicals, the chapter shows that women could publish philosophy because for most of the century philosophical discussion was generalist rather than specialist, and was carried on in a generalist culture supported by books, periodicals, letters, and other print media. Book and periodical culture was not devoid of patriarchal assumptions, but women developed strategies for working within and against them. The successful publishing careers of Harriet Martineau, George Eliot, and Frances Power Cobbe illustrate these strategies. In particular, many women took advantage of conventions around anonymity, pseudonymity, and initialled publication, in a period when signed authorship was only gradually becoming the norm. The chapter then explains why women’s philosophical contributions became forgotten and left out of the history of philosophy, making reference to the professionalization and specialization of British philosophy from the mid-1870s onwards. Two case studies illustrate how these dynamics of specialization worked against women: Cobbe’s rise and fall from high repute in her time to near-total invisibility today; and the joint roles of the Coulomb affair and Hodgson report in pushing Helena Blavatsky’s spiritual philosophy outside academic respectability. The chapter concludes with some recommendations for how to recover nineteenth-century British women philosophers and restore them into narratives of the history of philosophy.
Conclusion
Authors: Stone Alison 
Published: December 2022

Abstract
The conclusion sums up what the book has shown: that there were many women doing philosophy in nineteenth-century Britain and that they did not only address practical or value-related topics. The conclusion points out ways in which the work of these women offers an inspiring model of how to do philosophy. In addition, the conclusion briefly draws out what we can learn for our methodology as historians of philosophy. To recover nineteenth-century women philosophers in Britain, we need to look beyond academia and professional philosophy to the broader public sphere and realm of print culture, paying attention to the distinctive features of the periodical culture of the time. We need to recover the forgotten male philosophers of the period as well, though it remains important to put women in conversation with one another.
Capacity for Welfare across Species
Authors: Višak Tatjana 
Published: December 2022

Abstract
To systematically compare welfare across species, it is first necessary to explore whether welfare subjects of different species have the same or rather a different capacity for welfare. According to what seems to be the dominant philosophical view, welfare subjects with higher cognitive capacities have a greater capacity for welfare and are generally much better off than those with lower cognitive capacities. Višak carefully explores and rejects this view and argues instead that welfare subjects of different species have the same capacity for welfare despite different cognitive capacities. This book prepares the philosophical ground for comparisons of welfare across species. It will inform and inspire ethicists and animal welfare scientists alike, as well as a broader readership interested in wellbeing, animals, and ethics.
Introduction
Authors: Višak Tatjana 
Published: December 2022

Abstract
Chapter 1 introduces the issue of cross-species capacity for welfare. The chapter also introduces the difference-view, which holds that welfare subjects of different species have a different capacity for welfare, due to different cognitive or emotional capacities. The chapter goes on to discuss the equality-view, which holds that welfare subjects from different species have the same capacity for welfare, despite potential differences in cognitive or emotional capacities. The chapter indicates the practical relevance of comparisons of welfare across species, as well as the underlying assumptions. It also provides an outline of the book.
The Equality-View
Authors: Višak Tatjana 
Published: December 2022

Abstract
Chapter 3 supports the equality-view about capacity for welfare across species (EQU). It first shows that common approaches in animal welfare science are in line with EQU. Then it presents the theory of welfare as self-fulfilment that Daniel Haybron introduced. This theory can serve as an example of a philosophical theory of welfare that is in line with EQU. It illustrates the relativizing structure common to all theories of welfare that are compatible with EQU. Lastly, the chapter presents an evolutionary perspective on (hedonic) capacities. It presents hedonicity as a dimension of consciousness that serves as a ‘common currency’ for decision-making and explains how this evolutionary picture supports EQU.
Welfare across Time
Authors: Višak Tatjana 
Published: December 2022

Abstract
Chapter 4 addresses how one may be interested not only in the welfare of some individual at a specific point in time (i.e. synchronic welfare) but also in the welfare of an individual across some longer timespan (i.e. diachronic welfare). For example, one may wonder how good the life of some chicken was until now. The standard view about diachronic welfare is the simple additive view, which holds that diachronic welfare consists in the sum of synchronic welfare. This chapter discusses welfare across time in assessments of the harm of death. It explores how the value of whole lives or time-extended benefits, or harms, could be compared across species. In inter-species assessments and comparisons of diachronic welfare, the relevance of differences in species-specific lifespans needs to be settled. The chapter defends the total-duration view as opposed to the relativize-to-natural-lifespan view in an engagement with Jeff McMahan’s arguments about humane omnivorism.
Keynote Address
Authors: Manuel Trevor 
Published: December 2022

Abstract
The remarks draw the link between a constitution and economic outcomes, including the delivery of social goods. There are a number of factors that influence such outcomes, including the following: • The nature of the political system. Presidential systems tend to be more majoritarian, have smaller governments, and have smaller welfare-state spending. Conversely, countries with parliamentary systems tend to have more persistent fiscal outcomes. • The degree of control that a government can exercise over fiscal and monetary policy. • The extent of accountability exercised by core components of the state, such as its parliament. • The operation of governance across the various tiers or spheres, and the competence of the public administration. • The quality of the independent institutions that support democracy. • Other external agencies, such as donors, the World Bank, and International Monetary Fund (IMF), which continue to play important roles in many countries in Africa. How the entire political-economy machinery articulates across the three arms of government.
Land, Conflict, and the Economy
Authors: Makonese Makanatsa 
Published: December 2022

Abstract
Constitutionalism, the protection of human rights, and the observance of the rule of law are some of the key necessities for economic development in any country. With this realization in mind, the independence government of Zimbabwe put in place successive laws and constitutional provisions to ensure that the long-standing colonial land dispute between the black majority and the white settlers would be addressed within the ambit of the law and the Constitution after independence. However, the slow pace of land reform during the first twenty years of independence led to an implosion that caused farm invasions and the subsequent decision by government to implement the land reform programme outside the law and constitutional provisions. This in turn led to economic subsidence with which the country is still grappling more than two decades after the fast-track land reform programme. This chapter argues that whilst constitutionalism, human rights, and the rule of law are important for economic development, the law and the constitution must align with the principles of fairness, equity, and justice in order to be embraced by all citizens. In the case of the land issue in Zimbabwe, a legal and constitutional framework that failed to address colonial land dispossession and racially skewed landownership patterns at independence was bound to fail. Given that the land issue in Zimbabwe remains unresolved, it is important that the international community recognize this reality and, together with Zimbabweans, embrace a land reform and redistribution programme that reflects the constitutional principles of equality and non-discrimination.
Namibia’s Resource-Based Economy
Authors: Melber Henning 
Published: December 2022

Abstract
Namibia is a resource-rich country with a fragile ecosystem. As one of the driest countries in the world, it faces environmental challenges. Its socio-economic realities are still much influenced by the structural legacy of colonialism. Raw material is mainly exported without any value addition, and the distribution of relative wealth is highly unequal. Although Namibia is an upper middle-income country, a large number of its inhabitants live in poverty. Since 2016, the economy has entered into a lasting recession, leading to fiscal constraints on the state and government and an increase in unemployment. While the Constitution and certain laws create a normative framework for protecting the environment, economic role-players are tempted to ignore these specified requirements when it comes to the exploitation of natural resources. This chapter uses the cases of seabed phosphate mining, the harvesting of timber in a precarious ecological environment, and the opening of a tobacco plantation to illustrate the conflicting interests that arise. It shows that while legal provisions are in place, they are not always strictly recognized and implemented. This brings to the fore the dilemma of an economic policy that seeks to secure income from the country’s natural resources but at times does so at the cost of the natural habitat. As is also shown, line ministries are not always in agreement and reach different conclusions and policies. This points to relatively selective and occasionally incoherent implementation of the country’s constitutional and legal provisions.
The Turn to Global Constitutionalism at the WTO and Its Impact on African Constitutionalism
Authors: Belser Eva Maria 
Published: December 2022

Abstract
This chapter examines the extent to which the global trade regime fulfils the essential functions of a constitutionalized order. The elevation of global trade rules to constitutional rules implies the prioritization of free trade over non-trade rules and therefore considerably limits the regulatory leeway for member states. The primacy of the trade regime can be demonstrated through the functioning of special and differential treatment. In this system, non-trade concerns, such as human rights obligations, are regarded merely as exceptions and hence reinforce a certain hierarchy in which the World Trade Organization (WTO) is in the topmost position. Moreover, WTO constitutionalism supports the assertion that the trade regime is capable of comprehensively regulating public authority in trade matters, which justifies its expansion into regulatory areas such as agriculture, commodities, and health. However, as this chapter shows, it is precisely in these regulatory areas that WTO constitutionalism can collide with fundamental public interests of the member states, in this case African states. Given the lack of procedural and substantive legitimacy of the WTO, the idea of a constitutionalized WTO is refuted. The way forward lies not in a schematic hierarchy but a pluralistic understanding of global constitutionalism in which trade is one value among others and can be challenged by national constitutions.