SRPN: Legal & Enforcement Issues (Topic)最新文献

{"title":"Coordinating to Protect the Global Climate: Experimental Evidence on the Role of Inequality and Commitment","authors":"A. Tavoni, A. Dannenberg, A. Löschel","doi":"10.2139/ssrn.1649486","DOIUrl":"https://doi.org/10.2139/ssrn.1649486","url":null,"abstract":"Free riding and coordination difficulties are held to be the primary causes of cooperation breakdown among nonrelatives. These thwarting effects are particularly severe in the absence of effective monitoring institutions capable of sanctioning deviant behavior. Unfortunately, solutions to global environmental dilemmas, like climate change, cannot depend on coercion mechanisms, given the transnational effects of emissions. A further complication is that it yields 'common but differentiated responsibilities'. Such asymmetries in wealth and carbon responsibilities among the actors, and the ensuing issues of equity, might further impede cooperation. Yet, a growing literature stresses the importance of non-economic factors in explaining human behavior; therefore, instruments that go beyond the traditional incentives might prove effective in facilitating the task. Given the empirical nature of the problem, we address it by means of a controlled laboratory experiment: a framed threshold public goods game is used to investigate the degree of cooperation and coordination achieved by groups of six participants in combating simulated catastrophic climate change. While necessarily simple for the sake of tractability, the game is designed to incorporate key real-world issues, such as inequity and the impact of emergent institutions based on nonbinding 'pledge and review' mechanisms.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"200 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122588647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bred Meat: The Cultural Foundation of the Factory Farm","authors":"D. Cassuto","doi":"10.5565/REV/DA.210","DOIUrl":"https://doi.org/10.5565/REV/DA.210","url":null,"abstract":"Factory farming is often discussed in terms of its environmental and social impacts. It receives far less attention for what those practices say about our evolving relationship with animals. This article speaks to the latter. Though rife with practices that might otherwise invite governmental scrutiny, industrial agriculture operates in a regulatory environment that endorses and subsidizes its methods. Discussions of factory farming that focus on the treatment of animals can often segue into apologies for or against animal rights. This article takes a different tack, asking instead how and why the factory farm industry could grow ascendant in an era when the concept of a human-animal divide has become increasingly suspect. These opposing trends present a complex social dilemma. Bred Meat argues (through, among other methods, a case study of the Supreme Court's decision in Church of Lukumi Babalu Aye v. City of Hialeah) that the principle of humans as separate and distinct from animals is derived from and dependent on a fundamentally religious belief. A legal framework predicated on such a notion can exist only in tension with the Establishment Clause. Addressing the problems of factory farms - as well as other forms of animal exploitation - will involve unraveling a tightly woven cultural quilt. It will require eschewing the unworkable notion of a human-animal divide and constructing a legal rhetoric of the posthuman. The last part of Bred Meat represents an attempt to begin that process.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128271499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Caste Discrimination: A Twenty-First Century Challenge for UK Discrimination Law?","authors":"A. Waughray","doi":"10.1111/j.1468-2230.2009.00740.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2009.00740.x","url":null,"abstract":"Discrimination based on caste affects at least 270 million people worldwide, mostly in South Asia. Caste as a system of social organisation has been exported from its regions of origin to diaspora communities such as the UK, yet despite the prohibition of caste-based discrimination in international human rights law caste is not recognised as a ground of discrimination in English law. The overhaul of its equality framework and the proposed new single equality act present the UK with an opportunity to align national legislation with international law obligations. The Government's decision not to include protection against caste discrimination in the new legislation leaves race and religion as the only possible legal ‘homes’ for caste. This article considers the argument for legal recognition of caste discrimination in the UK, the capacity of race and religion to subsume caste as a ground of discrimination, and the role and limitations of law in addressing ‘new’ forms of discrimination such as casteism.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116818178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Diamond Mining, Governance Initiatives and Post-Conflict Development in Sierra Leone","authors":"R. Maconachie","doi":"10.2139/ssrn.1265663","DOIUrl":"https://doi.org/10.2139/ssrn.1265663","url":null,"abstract":"Global financial markets are subject to a complex web of soft law rules and standards called IntThis paper critically examines some of the main challenges associated with facilitating ‘good governance’ in small-scale diamond mining communities, focusing on the experience of Sierra Leone. Two recent governance initiatives in the country’s diamond sector are reviewed: the Kimberley Process Certification Scheme (KPCS) for rough diamonds and the Diamond Area Community Development Fund (DACDF). The analysis considers some of the broader lessons which have emerged, as Sierra Leone currently attempts to launch a third governance initiative: the Extractive Industries Transparency Initiative (EITI). It is argued that the introduction of complex monitoring processes represents significant challenges for a country which is emerging from a long period of conflict and isolation, is suffering from serious shortages in human capacity, and where good governance, accountability and transparency will undoubtedly take considerable time to develop.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"62 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133677941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environmental Rights in the EC Legal Order","authors":"Pavlos Eleftheriadis","doi":"10.2139/ssrn.1015923","DOIUrl":"https://doi.org/10.2139/ssrn.1015923","url":null,"abstract":"This article attempts to offer a general framework for the protection of environmental rights in the European Union's legal order. The article discusses the Aarhus Convention, which follows the international trend for procedural protection of environmental rights. The European Commission proposes to give effect to its 'access to justice' dimension of the Aarhus Convention in a way that endorses uniformtity as a goal. I argue that this goal is mistaken. The guiding constitutional principle in this area should be that unless there are strong reasons to the contrary, EC law will only supplement the public law of the Member States by providing minimum standards. Under the scheme of environmental rights established by the Aarhus Convention each applicant or environmental activist may have slightly different rights depending on the country where he or she starts their actions or launches their campaigns. The public law of the EC, of which environmental law is now a major part, is not an attempt at harmonization nor is it a simple deduction from the principles of direct effect and supremacy.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126873423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Eunomia is a Woman: Philip Allott and Feminism","authors":"Karen Knop","doi":"10.1093/EJIL/CHI119","DOIUrl":"https://doi.org/10.1093/EJIL/CHI119","url":null,"abstract":"Is Philip Allott a feminist? There are reasons to feel that he might be. However, any intuition that Allott is a feminist or, at least, that there is an affinity or potential alliance between his project and a feminist project, must contend with his silence about women. How might we judge Allott's silence in The Health of Nations? In this article I discuss whether The Health of Nations positions Allott as a feminist and if so, what kind. In the alternative, I examine whether there is nevertheless a possible affinity or alliance between the theory that Allott elaborates in the book and some version of feminism, in particular feminist legal theory as it has developed in international law. This focus also has, I hope, the advantage of highlighting a key issue, if not the key issue, that flows from The Health of Nations: What exactly would the conversation about the best ideas of society and law that Allott desires look like?","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126627554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Are the Competition Rules in the WTO TRIPS Agreement Adequate?","authors":"Frederick M. Abbott","doi":"10.1093/JIEL/7.3.687","DOIUrl":"https://doi.org/10.1093/JIEL/7.3.687","url":null,"abstract":"In connection with the run-up to the Cancun Ministerial Conference, the author was asked whether there are grounds for recommending amendment of WTO TRIPS Agreement rules addressing competition. The general conclusion of the study is that the TRIPS Agreement in its present form provides substantial discretion to WTO Members in the formulation and application of competition rules regulating intellectual property, and this arrangement serves the best interests of developed and developing countries. Potential amendments were considered across a matrix of interested country groups: North-North, North-South, South-North and South-South. Although country groups with different interests might seek to modify TRIPS competition-related rules to their perceived advantage, there is little reason to believe that consensus would be reached on such changes. The study acknowledges that global welfare benefits might flow from a more highly integrated international competition regime with powers to investigate and enforce agreed upon rules. There is, however, little identifiable near-term impetus for building such a regime, whether at the WTO or elsewhere. Competition laws of certain developed countries expressly exempt conduct with wholly foreign effects from the application of rules regulating anticompetitive practices, including those concerning intellectual property. Such exemptions appear inconsistent with advocacy of liberal market principles, and they are damaging to developing country interests. As part of the Doha Development Round commitment to developing countries, a decision by developed countries to eliminate these exemptions would be constructive. Oxford University Press 2004; all rights reserved, Oxford University Press.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"313 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122805360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Evolution of Employment Discrimination Law: Changed Doctrine for Changed Social Conditions","authors":"M. Selmi","doi":"10.2139/SSRN.2430378","DOIUrl":"https://doi.org/10.2139/SSRN.2430378","url":null,"abstract":"Times change, and when they do, the law must as well. Much of the most important employment discrimination case law was established in the 1970s during an era when discrimination was both overt and pervasive. Moving forward forty years, discrimination has receded dramatically and is no longer seen as a default explanation for workplace decisions or statistical imbalances in a workforce. At the same time, the discrimination that remains is more complex, more subtle in nature and more difficult to identify. This article explores how the Supreme Court has navigated the declining but more complex nature of employment discrimination. In a series of recent cases, including the landmark sex discrimination case of Wal-Mart v. Dukes, the Supreme Court has embarked on a judicial updating of the foundation of employment discrimination law with the Court quietly announcing that the old case law no longer fits contemporary claims of discrimination. In other words, what counted as discrimination in the 1970s no longer does today. Despite the criticism the Court has received for its decisions, I conclude that the Court was right to shed its old doctrine as the inferences of discrimination that were permissible during an earlier era fail to account for our changed social conditions. The real problem with the Court’s recent updating of the doctrine is not the shedding of the old but what it has left in its place – the Supreme Court has failed to adapt its doctrine to capture the complexities of modern discrimination, thus leaving a substantial gap between what the law defines as discrimination and what we know about the difficulties of uncovering subtle discrimination. This article also critiques the recent academic emphasis on “implicit bias” and instead offers some suggestions for moving forward in a way that might better adapt the legal doctrine to the complexities of modern discrimination. This includes the use of testers to document workplace discrimination, more emphasis on educating courts and jurors regarding the nature of subtle discrimination (not implicit bias) and the role employer self-interests might play in bringing greater diversity to the workplace.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132432157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}