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Transnational Legal Theory最新文献

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Transnational discrimination: the case of casteism and the Indian diaspora 跨国歧视：种姓制度和印度侨民
Transnational Legal Theory Pub Date : 2022-10-02 DOI: 10.1080/20414005.2023.2176098
Frédéric Mégret, Moushita Dutta
{"title":"Transnational discrimination: the case of casteism and the Indian diaspora","authors":"Frédéric Mégret, Moushita Dutta","doi":"10.1080/20414005.2023.2176098","DOIUrl":"https://doi.org/10.1080/20414005.2023.2176098","url":null,"abstract":"ABSTRACT Discrimination is typically thought as a domestic phenomenon. This article, by contrast, seeks to shed light on the transnational arc of discrimination as a result of the migration of exclusionary practices through diasporic dispersion. It takes as its case study the problem of casteism in the Indian diaspora. The caste system has long been known as a distinctly ‘Indian’ phenomenon, but Indian migration has arguably made the problem an increasingly global one. The complexity of dealing with casteism arises at the intersection of: competing mobilisations of different sectors of the diaspora; the effort of host societies to understand the problem as, increasingly, a domestic one; and a tenuous but significant role of the state of origin (India). At the same time, host societies often appear unprepared to deal with the issue and are confronted with issues of inter-cultural competency, the difficulty of fitting caste within existing anti-discrimination categories, and fear of unduly stigmatising an entire community.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"391 - 430"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44412339","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}
引用次数: 0
Placed in between: the natural environment in international law 介于两者之间：国际法中的自然环境
Transnational Legal Theory Pub Date : 2022-10-02 DOI: 10.1080/20414005.2023.2178142
Lys Kulamadayil
{"title":"Placed in between: the natural environment in international law","authors":"Lys Kulamadayil","doi":"10.1080/20414005.2023.2178142","DOIUrl":"https://doi.org/10.1080/20414005.2023.2178142","url":null,"abstract":"ABSTRACT How does international law conceptualize the natural environment? What and whose premises and interests inform this conceptualization? Can its depletion, destruction and change be linked to law? Sigrid Boysen's monograph, Die postkoloniale Konstellation: Natürliche Ressourcen und das Völkerrecht der Moderne grapples with these and other questions. The book argues that colonial and capitalist expansion's disregard for planetary boundaries co-constituted the fields of modern international economic and environmental law and triggered the transnationalization of law. Boysen convincingly narrates a genealogy of ideas from imperial relations to the natural environment in the colonies all the way to the recent legal developments in the field of climate change and shows how law has consistently upheld ambivalent human-nature relations, understanding nature as a commodity and object to be civilized and rescued from the uncivilized. This review essay reflects on some of the book's central messages and propositions.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"466 - 474"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42462179","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}
引用次数: 1
Law after dominium: thinking with Martti Koskenniemi on property, sovereignty and transformation 所有权之后的法律:与马尔蒂·科斯科涅米一起思考财产、主权与变迁
Transnational Legal Theory Pub Date : 2022-10-02 DOI: 10.1080/20414005.2023.2178144
A. Saunders
{"title":"Law after dominium: thinking with Martti Koskenniemi on property, sovereignty and transformation","authors":"A. Saunders","doi":"10.1080/20414005.2023.2178144","DOIUrl":"https://doi.org/10.1080/20414005.2023.2178144","url":null,"abstract":"ABSTRACT To the Uttermost Parts of the Earth describes the work of law and legal thought in the exercise of European power abroad. In focusing on the common features of the exercise of legal imagination across European traditions—on sovereignty and property—it presents the legal discipline with both the persistence of structure and the question of its transformation. In this review essay, I sketch how aspects of this work might open multiple fronts for scholarship, thought and action: through an insistence on holding onto the public and the private in law as two halves of a greater whole; through thinking about legal transformation as aesthetic practice rather than technical task; and through considering the contradictions of law as profession, and the relationship of that profession to past and future change, in a time of a massively changed and changing climate.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"475 - 492"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44738411","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}
引用次数: 0
Cop26 and beyond: participation and gender – more of the same? Cop26及以后:参与和性别——更多的相同?
Transnational Legal Theory Pub Date : 2022-07-03 DOI: 10.1080/20414005.2023.2171347
K. Morrow
{"title":"Cop26 and beyond: participation and gender – more of the same?","authors":"K. Morrow","doi":"10.1080/20414005.2023.2171347","DOIUrl":"https://doi.org/10.1080/20414005.2023.2171347","url":null,"abstract":"ABSTRACT This article considers gender equality in the context of the most recent United Nations Framework Convention on Climate Change (UNFCCC) Conference of Parties (CoP), CoP26. Gender equality issues are now widely recognised within global climate change governance, playing an ongoing role within it. The CoP does not function in isolation and its regime setting is significant, in particular, in the work of UNFCCC constituted bodies and the Intergovernmental Panel on Climate Change (IPCC). Other parts of the United Nations, such as the Commission on the Status of Women (CSW66) can also offer important contributions to gender; and civil society too plays a vital role in this aspect of climate governance. These elements and the interplay between them have shaped gender issues at CoP26, as has the global pandemic. While gender equality is a live issue in global climate governance, leveraging substantial, substantive, action by states to address it remains problematic.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"191 - 217"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41600777","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}
引用次数: 0
A just transition for essential workers? Workers and climate policy at and after COP 26 关键员工的公正过渡？第二十六届缔约方大会及其后的工作人员和气候政策
Transnational Legal Theory Pub Date : 2022-07-03 DOI: 10.1080/20414005.2023.2171346
Natalie Jones
{"title":"A just transition for essential workers? Workers and climate policy at and after COP 26","authors":"Natalie Jones","doi":"10.1080/20414005.2023.2171346","DOIUrl":"https://doi.org/10.1080/20414005.2023.2171346","url":null,"abstract":"ABSTRACT It is timely to investigate how essential workers may be incorporated into existing understandings of just transition, and whether and how such workers have been addressed in discussions on just transition under the UN Framework Convention on Climate Change (UNFCCC). In so doing, one might better understand the relationship of essential workers to the achievement of the Paris goals, and assess entry points for making such connections explicit. Three approaches to the concept of just transition, drawn from a study conducted by Dimitris Stevis and Romain Felli, provide a useful reference point for how the concept of a just transition is understood by different actors. This paper extends the framework to consider how, under each of the three orientations, essential workers may be relevant to a just transition. The paper then applies the framework to the corpus of decisions, reports, declarations, and submissions that make up the written record of discussions on just transition taking place under the UNFCCC.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"165 - 190"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45226746","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}
引用次数: 0
The failures of COP26: using group psychology and dynamics to scale up the adoption of climate mitigation and adaptation measures COP26的失败之处:利用群体心理和动态来扩大气候减缓和适应措施的采用
Transnational Legal Theory Pub Date : 2022-07-03 DOI: 10.1080/20414005.2023.2170957
Myriam Gicquello
{"title":"The failures of COP26: using group psychology and dynamics to scale up the adoption of climate mitigation and adaptation measures","authors":"Myriam Gicquello","doi":"10.1080/20414005.2023.2170957","DOIUrl":"https://doi.org/10.1080/20414005.2023.2170957","url":null,"abstract":"ABSTRACT Despite mounting evidence of the devastating effects of climate change and repeated calls to scale up the mitigation and adaptation to climate change, states are still failing to adopt meaningful and concrete measures to meet the targets of the Paris Agreement. The outcomes of COP26, which resulted in the adoption of pledges deprived of concrete implementation mechanisms, constitute one illustration of such failures. Given the nature of climate change and the bounded rationality of individuals and groups, the article applies the psychology of group decision-making to shed light on such inaction. As time is running out, all tools should be mobilised to incentivise states to adopt concrete and significant measures, and psychology is one of them. The article first starts by addressing the challenges presented by climate change for decision-makers bounded in rationality. It then continues by considering group dynamics at play in national governments and their implications for climate governance both domestically and internationally.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"366 - 389"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44338061","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}
引用次数: 2
After COP26: Appraising the transnational climate regime COP26之后:评估跨国气候机制
Transnational Legal Theory Pub Date : 2022-07-03 DOI: 10.1080/20414005.2023.2170758
P. Paiement, Emily Webster, Rosanna Anderson
{"title":"After COP26: Appraising the transnational climate regime","authors":"P. Paiement, Emily Webster, Rosanna Anderson","doi":"10.1080/20414005.2023.2170758","DOIUrl":"https://doi.org/10.1080/20414005.2023.2170758","url":null,"abstract":"As we write this introduction to the special issue on the United Nations (UN) Climate Change Conference of Parties (COP) 26 and transnational climate governance, another year has passed since the conference in Glasgow and COP27 negotiations have recently taken place in Sharm El Sheikh. It is impossible to reflect on the critical evaluations as well as limited areas of progress accounted for in the contributions without considering the state of COP as a governance method. The hosting of annual conferences for members of the UN Framework Convention on Climate Change (UNFCCC) is, like many modes of political and legal action in climate change, a story of many failures and few successes. The cyclical meeting structure was likely instrumental to the forging of the 2015 Paris Agreement, the first international agreement to establish a global normative imperative for limiting global warming to maximum two degrees Celsius, which has gone on to serve as the foundation for successful litigation compelling states and private actors to reduce emissions more rapidly. Yet, at the same time, the conferences more routinely result in shortcomings and agreements that postpone, rather than resolve, the fundamental political questions facing transnational climate governance. At the same, the conferences provide public and private actors, including both climate leaders and laggards, with generous publicity. The result, echoing Greta Thunberg’s evaluation of COP26, is a ‘celebration of business as usual and blah,","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"157 - 164"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44204754","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}
引用次数: 2
Market making for the planet: the Paris Agreement Article 6 decisions and transnational carbon markets* 为地球做市:《巴黎协定》第6条决定与跨国碳市场*
Transnational Legal Theory Pub Date : 2022-07-03 DOI: 10.1080/20414005.2023.2174690
Stephen Minas
{"title":"Market making for the planet: the Paris Agreement Article 6 decisions and transnational carbon markets*","authors":"Stephen Minas","doi":"10.1080/20414005.2023.2174690","DOIUrl":"https://doi.org/10.1080/20414005.2023.2174690","url":null,"abstract":"ABSTRACT\u0000 The inclusion of market approaches to inter-Party cooperation in Article 6 of the Paris Agreement was controversial among Parties. The Article 6 rules, which were among the last elements of the Paris rulebook to be agreed at the 2021 Glasgow conference, were keenly contested among Parties. This article analyses the significance of Article 6 and the related decisions from the Glasgow and Sharm el-Sheikh conferences for the governance of transnational carbon markets. It argues that these rules have the potential to anchor carbon markets in a normative framework of enhanced mitigation ambition and environmental integrity. However, realising this potential will depend on the recursive interactions of multiple actors and sites of norm production within and beyond UNFCCC processes. The theory of transnational legal orders (TLOs) is applied to the analysis of this situation. TLO theory also suggests key factors that will determine the salience of Article 6 to carbon markets.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"58 1","pages":"287 - 320"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59994665","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}
引用次数: 1
Understanding human mobility in the global climate regime through a translocal lens 通过跨地区视角理解全球气候机制下的人类流动性
Transnational Legal Theory Pub Date : 2022-07-03 DOI: 10.1080/20414005.2023.2171348
Ana Mosneaga, Carolien Jacobs
{"title":"Understanding human mobility in the global climate regime through a translocal lens","authors":"Ana Mosneaga, Carolien Jacobs","doi":"10.1080/20414005.2023.2171348","DOIUrl":"https://doi.org/10.1080/20414005.2023.2171348","url":null,"abstract":"ABSTRACT This paper examines how a translocal approach could enrich conceptualisations of human mobility in the context of the current climate regime. Drawing on the concept of ‘translocal legalities’, it is argued that a socio-legal and translocal analysis could inform the existing analyses of climate-related mobility. Through the case of post-cyclone Idai relocations in Mozambique, it demonstrates the need to capture multi-faced and multi-level aspects of climate-related mobility. This involves different degrees of adaptation but also inevitable losses and damages that defy conventional categorisation into economic or non-economic. A translocal approach, which is empirically grounded in local realities, but also takes into account national and international level developments, can enable a more nuanced understanding of climate-related relocations. It provides insights into both the adaptation and loss and damage aspects in their full complexities and thereby brings about a more informed perspective on human mobility in the current climate regime.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"237 - 260"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44633469","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}
引用次数: 0
A just COP26 outcome for South Africa? 对南非来说，COP26的结果是公正的?
Transnational Legal Theory Pub Date : 2022-07-03 DOI: 10.1080/20414005.2022.2160123
Melanie Murcott
{"title":"A just COP26 outcome for South Africa?","authors":"Melanie Murcott","doi":"10.1080/20414005.2022.2160123","DOIUrl":"https://doi.org/10.1080/20414005.2022.2160123","url":null,"abstract":"ABSTRACT At COP26 several global North states as well as the European Union committed to mobilising funding for South Africa’s just energy transition to the tune of $8.5 billion. The commitment was made in a ‘Political Declaration on the Just Transition in South Africa’ by the governments of South Africa, the United Kingdom, the United States, France, and Germany, together with the European Union. In response, civil society actors within South Africa such as the Climate Justice Charter Movement, have expressed serious, well-founded concerns about the South African government’s willingness to end the country’s dependence on coal, oil, and gas. These actors raise questions about whether the funding will be used in a manner that advances climate justice for the global South. Centring the voices of climate justice activists, and adopting a climate justice lens, this commentary describes and evaluates the funding commitment made to South Africa at COP26 and then reflects on civil society’s concerns.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"352 - 365"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59994629","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}
引用次数: 1
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