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This book provides a thought-provoking critical analysis of the functionality of regional trade regimes in the Global South. It examines four regional trade agreements (RTAs) - the African Continental Free Trade Agreement (AfCFTA), the Association of South East Asian Nations (ASEAN), the Southern Common Market (Mercosur) and the United States-Mexico-Canada Free Trade Agreement (USMCA). Ngangjoh Hodu and Ajibo argue that while there has been immense enthusiasm amongst countries in the Global South to create RTAs, this has not translated into concerted efforts to make the RTAs work as envisaged, resulting in RTAs that are largely lacking in concreteness. In this innovative work, the authors invite international economic lawyers and other stakeholders to reflect on how normative beliefs and interests inform inter-state relations and thereby, the law of regional economic community. In so doing, it argues that the idea of prosperity underpinning RTAs as they currently exist is more of a mirage than reality.
The intervention of States in legal proceedings touches upon some of the most beguiling questions in international dispute settlement. These include questions of treaty interpretation, obligations erga omnes, the sources of judicial power and rulemaking, the nature of incidental proceedings, the Monetary Gold doctrine of indispensable parties, cross-fertilization between judicial and arbitral bodies, and principles of jurisdiction, party autonomy, and res judicata. As jurists and scholars tend to address these questions in isolation, however, each development in third-State practice has raised unimagined issues of first impression-such as the 2022 declarations of dozens of States exploring mass intervention before the International Court of Justice in Ukraine v. Russia, and the participation of neighbouring States without China's presence in the 2016 South China Sea arbitration. By applying conceptual, comparative, and historical approaches to international justice, this book instead offers a uniquely holistic assessment of the practice and prospective development of intervention.
Over a century after racial zoning was invalidated, American land use remains racially unjust. When racist tools were abolished, other facially neutral tools were created or adapted to maintain white power and wealth. Policies, practices, and laws evolved to embed racial inequality and white supremacy deeply into institutional structures and landscapes. Despite modest improvements since the early twentieth century, land use and neighborhood conditions for Black people and other people of color remain dramatically worse than for whites. Discrimination and segregation persist. This enduring and multi-faceted nature of racial injustice in the American land use system means that there is no one cause and no one solution. Instead, this book advocates for nuanced systemic change. Using cross-disciplinary analysis in social-movement history, legal theory, and public policy, the authors call for a racial-justice transformation that integrates grassroots racial-justice activism, newly revitalized anti-subordination legal theories, and many different public policy reforms.
How and why did the European Convention turn from a neglected legal tool into one of the most important human rights documents in legal practice? This book argues this remarkable development wasn't merely the result of a top-down movement initiated by the European Court, but of a far more dynamic process in which the national and European spheres engaged in constant co-creation. Focusing on the Netherlands and uncovering little known archival sources, it lays bare how the Convention was received over time throughout the entire Kingdom. In doing so, it incorporates insight into how European human rights were perceived in Europe and beyond. A much more varied story comes to light in which contingency and interaction take centre stage, and which uncovers the choices that continue to shape the character of the Convention as we know it today.
In the fifteenth century, Renaissance humanists were not the only ones to think about time differently from previous generations. Time and Governance examines how and why late medieval townspeople – those who bought, sold, and manufactured for a living – reconceptualized time and applied their new understanding of it to politics and to economics. In doing so, this book reconstructs and analyses a place and time both unexpectedly familiar and deeply alien. Blending institutional history with the history of mentalities, Philip Daileader engages with issues of state building, finance, production, social conflict, national identity, and demography. He addresses the question of whether late medieval Europe deserves its often-grim reputation by recapturing and prioritizing the life experiences, thoughts, and opinions of those who lived then and there.
The adoption of the EU Takeover Directive in 2004 was marked by significant challenges, with negotiations spanning over a decade. This book provides comprehensive analysis, practical insights, and forward-looking policy recommendations. It discusses contentious issues such as the mandatory bid rule, acting in concert, and take-over defences. It also looks at developments such as sustainability in takeovers, multiple voting rights, or new ways to structure ownership changes. It offers a clear and engaging understanding of the TOD's historical evolution, its transposition, the current institutional design of takeover authorities, conflict of law issues, and the enforcement of takeover law across the EU. And it looks at its practical impact as well as its future developments. With contributions from leading experts, international comparisons, and case studies, it is an authoritative guide to the takeover law in Europe and beyond.
The Constitution divides power between the government and We the People. It grants We the People an affirmative, collective right to exercise control over the government through our elected representatives. The Supreme Court has abused its power of judicial review and subverted popular control of the government. The Court's doctrine divides constitutional law into rights issues and structural issues. Structural constitutional doctrine ignores the Constitution's division of power between the government and We the People. The Court's rights doctrines fail to recognize that the Constitution grants the People an affirmative, collective right to exercise control over our government. People v. The Court presents an indictment of the Supreme Court's constitutional doctrine. It also provides a set of proposals for revolutionary changes in the practice of judicial review that are designed to enable We the People to reclaim our rightful place as sovereigns in a democratic, constitutional order.
The idea of the individual as autonomous, capable of understanding through the use of reason what morality requires, and capable of doing the right thing because it is right, is one of the pillars of the Enlightenment, and Kant's ethics provides a robust account of the way in which the individual's capacity for moral insight, and freedom to make choices in accordance with such insight, are indispensable for any account of an authentic commitment to the objective good. Jacqueline Mariña situates Kant's ethical and metaethical arguments in the wider context of his claims in his critical works, convincingly rebutting recent claims that he did not succeed in showing that rational agents are necessarily bound by the moral law, and that he ended up with an empty moral dogmatism. Her book shows that the whole of Kant's critical works, both theoretical and practical, were much more coherent than many interpreters allow.
Haydn scholarship has mirrored recent trends in musicological research with an increased interest in the cultural context and reception of his music, though he has not received the sustained consideration given to other canonical figures. Over the past decade, more consideration has been paid to Haydn's operas and oratorios which previously tended to be eclipsed by his chamber and orchestral music. These new perspectives are the focus of this collection which showcases recent approaches and allows us to re-evaluate the long-held notion that Haydn's era marked the rise of the concept of autonomous musical works. This book enriches understanding of cultural contexts in which Haydn's music is being understood, providing models for future contextual studies and allows for a more historically responsive understanding of his works. It includes analysis of less well-known compositions, especially the oratorio Il Ritorno di Tobia, Orfeo and the late canons, but also of works like the London Symphonies and The Creation.
Reckoning with Law in Excess offers a ground-breaking approach to understanding the relationship between law and social and political transformation in a changing and uncertain world. The book's authors examine a wide range of case studies in which social movements pursue justice and social change within, against, and beyond the law. The interdisciplinary research at the heart of the volume reveals patterns in the ways in which law and legality are invested with heightened importance during certain historical moments, a process of over-loading that most often gives way to disenchantment with the ultimate limits of law. In reflecting critically and synthetically on these complicated dialectics of reckoning with law, the book shines a light on one of the most important, and consequential, dynamics in an era of climate crisis, rising populism across the political spectrum, and social conflict. This title is also available as Open Access on Cambridge Core.
This extensive revision of the 2007 book 'Random Graph Dynamics,' covering the current state of mathematical research in the field, is ideal for researchers and graduate students. It considers a small number of types of graphs, primarily the configuration model and inhomogeneous random graphs. However, it investigates a wide variety of dynamics. The author describes results for the convergence to equilibrium for random walks on random graphs as well as topics that have emerged as mature research areas since the publication of the first edition, such as epidemics, the contact process, voter models, and coalescing random walk. Chapter 8 discusses a new challenging and largely uncharted direction: systems in which the graph and the states of their vertices coevolve.
Why do some revolutions fail and succumb to counterrevolutions, whereas others go on to establish durable rule? Marshalling original data on counterrevolutions worldwide since 1900 and new evidence from the reversal of Egypt's 2011 revolution, Killian Clarke explains both why counterrevolutions emerge and when they are likely to succeed. He forwards a movement-centric argument that emphasizes the strategies revolutionary leaders embrace both during their opposition campaigns and after they seize power. Movements that wage violent resistance and espouse radical ideologies establish regimes that are very difficult to overthrow. By contrast, democratic revolutions like Egypt's are more vulnerable, though Clarke also identifies a path by which they too can avoid counterrevolution. By preserving their elite coalitions and broad popular support, these movements can return to mass mobilization to thwart counterrevolutionary threats. In an era of resurgent authoritarianism worldwide, Return of Tyranny sheds light on one particularly violent form of reactionary politics.
Ancient Christians understood themselves to be enslaved to God, an attitude that affected their ethics, theology, and self-understanding. This widespread belief is made especially clear in the Shepherd of Hermas, an overlooked early Christian text written by an enslaved person, which was nearly included in the New Testament. In this book, Chance Bonar provides a robust analysis of the ancient discourses and practices of slavery found in the Shepherd of Hermas. He shows how the text characterizes God's enslaved persons as useful, loyal property who could be put to work, surveilled, and disciplined throughout their lives – and the afterlife. Bonar also investigates the notion that God enslaved believers, which allowed the Shepherd to theorize key early Christian concepts more deeply and in light of ancient Mediterranean slavery. Bonar's study clarifies the depth to which early Christians were entrenched – intellectually, practically, and theologically – in Roman slave society. It also demonstrates how the Shepherd offers new approaches to early Christian literary and historical interpretation.