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This chapter argues that while great strides have been made to humanise the law of diplomatic protection, its practice in the courtroom is not in alignment with this as the protected individual does not participate in proceedings. It first dismantles the famous Mavrommatis fiction and argues that other conditions for diplomatic protection (such as nationality and the exhaustion of local remedies) and its features (such as state discretion and state responsibility) have been increasingly humanised to place emphasis on the individual. Second, it analyses the case law to show how the individual does not participate in proceedings at the Peace Palace. Finally, it provides suggestions to advocate for stronger procedural participation for the injured individual in cases of diplomatic protection at the ICJ.
This chapter argues that advisory proceedings have the procedural flexibility to enable individuals’ participation, despite the Court’s reluctance to bring such participation to fruition. It first dispels the myth that witnesses are limited to the confines of contentious proceedings. It then discusses the Court’s sparse engagement with amici curiae. Finally, it explores the potential of the analogous extension of Article 66(2) of the Court’s Statute, authorising the furnishing of information by entities beyond states and international organisations.
Chapter 2 presents the book’s main argument about how party rules shape membership. Previous literature is split in its portrayal of party members – some scholars describe members as extremist ideologues, whereas others depict them as partisan loyalists. To reconcile these competing views, Chapter 2 develops a spatial model of membership in which members receive utility from government policy and party proximity, as well as features of party membership unrelated to ideology. The model demonstrates that party rules play a pivotal role in shaping a party’s overall membership level and distribution. The model predicts that decentralized parties attract more members than centralized parties, all else equal. However, decentralized parties’ members should be more ideologically extreme than their counterparts in centralized parties.
The political idea of self-government has a natural elaboration, which is that a society is self-governing when it is ruled by the will of the people of that society. A variety of attempts to vindicate popular will conceptions of self-government exist but I argue that they are fatally flawed. In its place, we need a conception of self-government that is deflationary (that is does not rely on the existence of a popular will) but nevertheless quite demanding. I discuss some deflationary accounts of self-government and I argue for an account that emphasizes an egalitarian collective decision-making process but that also recognizes the importance of outcomes. I argue that attention to the conditions necessary to the achievement of self-government of an egalitarian sort is essential to how we are to think of the proper aims of constitutional institutions. We need to attend to how information is disseminated to citizens and how citizens can have the sophistication necessary to understand information. An egalitarian conception of self-government can show how the constitution of a society should be structured so as to achieve equality in these two dimensions of the information system.
This chapter considers access to courts for victims of grand corruption, especially in Latin America. It explains the origins and meaning of victim compensation in the UNCAC, how “victim” is defined in human rights law, and uses the Honduran Gualcarque River case to introduce how courts are beginning to apply concepts from human rights law to cases involving victims of grand corruption. It divides these cases into “direct harm” suffered by individual or group victims, and cases involving broad or diffuse harm where victims as a class are represented by civil society organizations. It looks briefly at which civil society organizations should be able to represent victims in proceedings.
Homelessness abounds today in various forms of displacement and as a pervasive condition of unbelonging. It ruins health, lives, communities, habitats, creativity, and hope. This Element argues that for theology to play its part in ending homelessness, it must better understand its own concept of 'home'. The Element proposes a vision of home capable of resisting the tacit, mistaken theology of home that undergirds the various iterations of modern homelessness. Weaving biblical and ritual sources, the argument constructs theological responses to the twin forces of consumerism and nationalism which, alloyed with sexism and racism, constitute the time of homelessness in which we live. It asks the reader to imagine home as 'participating instead of possessing' in every sphere of life, in pursuit of a theology of home capable of preventing homelessness and not merely ministering to people experiencing it. This title is also available as Open Access on Cambridge Core.
Arguments that corruption is “grease for the wheels,” benefiting economic growth, are difficult to sustain. State-level findings show that extensive corruption tends to leave a state poorer, and more economically unequal, than states where the problem is less significant. Citizens’ ability to respond to those difficulties by political means is in turn influenced by corruption itself, general levels of political participation, the strength or weakness of trust in officials and fellow citizens, the amount and quality of political news coverage in the mass media, and a state’s social composition. Problems of low trust could conceivably be addressed via effective universally applied public policies, but those in turn can challenge, and be challenged by, key aspects of America’s long-term bargain between government and citizens and by citizens’ expectations of each other. Corruption often undermines trust, and trust can underwrite effective reforms, but the relationships are complex and contingent upon levels of trust that are neither too low nor too high.
The paragraphs of article III of the Convention set out four ’other acts’ governed by the Convention: conspiracy: conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit genocide, and complicity in genocide. The first three of these are ’inchoate’ offences in that the crime of genocide is not actually committed. If a conspiracy succeeds, the relevant offence is genocide, or complicity in genocide. A conspiracy that does not succeed is punishable under article III. The same holds for attempt and for direct and public incitement. Incitement that results in genocide is punishable as genocide, or complicity in genocide. Complicity in international criminal law is developed in the statutes of the various tribunals and by case law, although there is no unanimity as to its form. The ad hoc tribunals developed a doctrine known as ’joint criminal enterprise’ whereas at the International Criminal Court complicity may be addressed as ’co-perpetration’ or ’indirect co-perpetration’. It is also possible to prosecute genocide under the superior or command responsibility doctrine.
This Element considers recent changes to the long-standing pattern in US politics that women are less politically active than men. On one hand, the gender gap in political activity beyond voting has disappeared. On the other, the disparity remains when it comes to political money. What is the explanation? The Element begins with politics – both the long-term increase in women occupying political positions and the way that trends/events like MeToo, the defeat of Hillary Clinton, and Donald Trump's performative masculinity made gender salient. It then turns to social structural changes, examining in particular women's relative gains in income and, especially, education. Paying consistent attention to intersectional differences among men and among women, whether based on political party, race, or ethnicity, the authors find the explanation of these trends to be rooted not in politics, but rather in social structure. This title is also available as Open Access on Cambridge Core.
This article provides foundations for how our God-talk can inform the way we think about and live out belonging. It resorts to three key Christian doctrines: the Trinity, creatio ex nihilo and the incarnation. This exploration begins with some brief observations about the issues Karen Kilby and Kathryn Tanner raised regarding social trinitarianism. It then explores the concept of participation as understood by Tanner as another way of conceptualising theocentric belonging rooted in creation and the incarnation. From this emerges the idea of an expansive theocentric theology of belonging, understood as participation in the divine life through creation and the incarnation. This expansiveness is explored further through the concepts of kinship and deep incarnation.
In this article, I explore how public participation affects the research and production of history. As a way of making history more accessible, more participatory, and more connected to present-day public engagement with the past, public history fully belongs to the public humanities. In public participation as decentralization of the history-making process: the HistorEsch project in Luxembourg, I discuss the collaboration among historians, artists, and local residents to co-construct new public historical narratives of the town of Esch-sur-Alzette, in Luxembourg. As a paradigm, public history questions and reinvents the role of professional historians who share authority with other actors in the history-making process.
This chapter explores the importance of multi-stakeholder participation in advancing biodiversity and nature conservation efforts across the MENA region. It begins with a contextual overview and discusses the interconnected requisites of effective multi-stakeholder participation. It examines approaches facilitating bottom-up implementation and fostering productive collaboration among multiple parties. This chapter stresses the importance of inclusivity and multi-party collaboration in the development and implementation of innovative and sustainable conservation initiatives. It concludes by emphasizing that a multi-stakeholder participation approach is indispensable for effectively tackling the challenges of biodiversity and nature conservation in the MENA region.
The Participation Opportunities Act (POA) came into force in Germany in January 2019 with the aim of making publicly subsidised employment accessible to the long-term unemployed, whose prospects of regular employment are poor. The POA responds to a two-fold exclusion suffered by this group: exclusion from the labour market and a kind of ‘internal exclusion’ from social services. We argue that the POA can therefore be understood as a ‘policy of dignity’ and thus as a challenge to the neoliberal recognition order. The aim of this paper is an empirical examination of this thesis based on qualitative interviews with managers and professionals at German job centres. We apply Honneth’s theory of recognition as a theoretical framework and examine two levels of implementation: the interpretation of the law and how it is put into practice from 2019-2023.
A broad consensus has emerged in recent years that although rumours, conspiracy theories and fabricated information are far from new, in the changed structure and operating mechanisms of the public sphere today we are faced with something much more challenging than anything to date, and the massive scale of this disinformation can even pose a threat to the foundations of democracy. However, the consensus extends only to this statement, and opinions differ considerably about the causes of the increased threat of disinformation, whom to blame for it, and the most effective means to counter it. From the perspective of freedom of speech, the picture is not uniform either, and there has been much debate about the most appropriate remedies. It is commonly argued, for example, that the free speech doctrine of the United States does not allow for effective legal action against disinformation, while in Europe there is much more room for manoeuvre at the disposal of the legislator.
I address three questions. First, how do Eastern theologians configure the way the incarnation is rendered as God’s original intention, and how significant is that insight? The answer is that this is central to their portrayal of God’s purpose. Second, what precisely is God’s purpose in the incarnation? The answer lies in the notion of deification, our being made divine, a concept pivotal to Eastern theology – and yet one that seems in significant respects problematic. Third, are there ways in which Eastern theologians portray God’s purpose that are less problematic, yet equally integral to their notion of God’s original and constant purpose? The answer is, yes there are. I conclude with three key motifs that I find more transferable yet nonetheless wholly authentic to the Orthodox theological imagination: communion, participation and transfiguration.
The eight dimensions of being with, outlined in detail in my A Nazareth Manifesto and elsewhere in their missiological, ethical and public policy implications, are here explored in their full scriptural dimensions. Presence, attention, mystery, delight, participation, partnership, enjoyment and glory each have profound resonances in Old and New Testaments, and each provides a continuous thread through incarnation, the reason for creation, the nature of Jesus’ ministry and death, the work of the Holy Spirit, the church and heavenly destiny – in relation to God, to one another and to the whole creation. They affirm how the incarnation is not a means to an end (such as saving us from our sins) but an end in itself, and they expand the notion of being with into a multidimensional concept with rich resonances.
Pikka-Maaria Laine and Eero Vaara examine participation in strategy research in general and in strategy as practice research in particular. Participation is arguably a key issue of strategizing but has received relatively little explicit attention in strategy as practice research. The authors differentiate four perspectives on participation: participation as a non-issue, participation as part of strategy process dynamics, participation as produced in and through organizational practices, and participation as an issue of subjectivity. The authors then offer ideas for future research on participation. These include extending strategic agency to non-managerial actors, focusing on co-orientation in the interaction of actors in multifaceted strategy processes, analyzing institutional and cultural differences in participation, studying socio-materiality and its role in enabling or promoting participation, analyzing polyphony and dialogicality, and developing the critical perspectives needed to deal more comprehensively with issues such as resistance and empowerment.
In this chapter, I argue for an account of worship as real union. To worship the Divine is to participate in the goodness of God, in an ontological way. But how can we really participate in God? The answer depends on the coherence of an important distinction between the essence and divine energies of God. We cannot participate in the essence of God, otherwise the distinction between creature and creator breaks down. Rather, we participate in the divine energies of God. Although there is a difference between the divine essence and the divine energies, the divine energies are not something distinct from God. God interacts with us and reveals himself to us through the divine energies. The divine energies are the activities of God that can penetrate our inner being and change us from potentially being good to actually being good. Thus, worship, in the proper and strict sense, divinizes us.
In response to our critics, we clarify and defend key ideas in the report Open and Inclusive: Fair Processes for Financing Universal Health Coverage. First, we argue that procedural fairness has greater value than Dan Hausman allows. Second, we argue that the Report aligns with John Kinuthia's view that a knowledgeable public and a capable civil society, alongside good facilitation, are important for effective public deliberation. Moreover, we agree with Kinuthia that the Report's framework for procedural fairness applies not merely within the health sector, but also to the wider budget process. Third, we argue that while Dheepa Rajan and Benjamin Rouffy-Ly are right that robust processes for equal participation are often central to a fair process, sometimes improvements in other aspects of procedural fairness, such as transparency, can take priority over strengthening participation. Fourth, while we welcome Sara Bennett and Maria Merritt's fascinating use of the Report's principles of procedural fairness to assess the US President's Emergency Plan for AIDS Relief, we argue that their application of the Report's principle of equality to development partners' decision-making requires further justification.
We summarise key messages from the World Bank Report Open and Inclusive: Fair Processes for Financing Universal Health Coverage. A central lesson of the Report is that in decision-making on the path to Universal Health Coverage (UHC), procedural fairness matters alongside substantive fairness. Decision systems should be assessed using a complete conception of procedural fairness that embodies core commitments to impartial and equal consideration of interests and perspectives. These commitments demand that comprehensive information is gathered and disclosed and that justifications for policies are publicly debated; that participation in decision-making is enabled; and that these characteristics of the decision system are institutionalised rather than up to the good will of decision-makers. Procedural fairness can improve equity in outcomes, raise legitimacy and trust, and can help make reforms last. While improving procedural fairness can be costly and there are barriers to achieving it, the range of instruments that countries at varying levels of income and institutional capacity have used with some success shows that, in many contexts, advances in procedural fairness in health financing are possible and worthwhile.