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This book offers a timely and insightful exploration of security exceptions in international trade and investment law, focusing on the growing tension between national security measures and global economic stability. Through in-depth analysis and case studies of major global players, it uncovers how current practices are shaping international trade governance. The book examines the challenges posed by overly broad or narrow security exceptions, proposes practical reforms to improve legal clarity, and suggests ways to enhance cooperation between international organizations like the WTO and the UN. Aimed at policymakers, legal professionals, and scholars, this book provides valuable recommendations to help navigate the evolving landscape of global trade, offering concrete solutions to balance national security concerns with the need for economic cooperation.
Governing AI is about getting AI right. Building upon AI scholarship in science and technology studies, technology law, business ethics, and computer science, it documents potential risks and actual harms associated with AI, lists proposed solutions to AI-related problems around the world, and assesses their impact. The book presents a vast range of theoretical debates and empirical evidence to document how and how well technical solutions, business self-regulation, and legal regulation work. It is a call to think inside and outside the box. Technical solutions, business self-regulation, and especially legal regulation can mitigate and even eliminate some of the potential risks and actual harms arising from the development and use of AI. However, the long-term health of the relationship between technology and society depends on whether ordinary people are empowered to participate in making informed decisions to govern the future of technology – AI included.
A timely response to the pressing issue of public pension reform, The Public Pension Crisis explores the complex relationship between contract law and government pensions, specifically focusing on the Contract Clause and related state Pension Clauses. Analyzing over a decade of litigation, the book highlights the evolving role of pension contracts in constitutional law and examines more than 70 landmark cases to establish a clear, principled framework for determining when pension benefits qualify as contractual obligations. T. Leigh Anenson presents a unified theory to consistently treat public and private pensions, balancing the interests of employees' earned benefits with the financial challenges facing governments. Combining legal scholarship with practical policy insights, Anenson not only provides a much-needed legal perspective on pension reform but also calls for a systematic approach to addressing the retirement security crisis.
From the rise of China as a technological superpower, to wars on its eastern borders, to the belief that the US is no longer a reliable ally, the European Commission sees the world as more unstable than at any other time in recent history. As such, the Commission has become the Geopolitical Commission, working to serve the interests of the Geopolitical Union. Central to many of these conflicts is technology – who produces it, where it is produced, and who controls it. These questions are central to the Commission's pursuit of digital/technological sovereignty, Europe's attempt to regain control of technology regulation. Focusing on topics such as setting technological standards, ensuring access to microchips, reining in online platforms, and securing rules for industrial data and AI, this book explores the EU's approach to lawmaking in this field; increased regulatory oversight and promotion of industrial policy at home, while exporting its rules abroad.
"Proscribing peace is the first book to take a systematic look at the impact of proscription on peace negotiations based on deep empirical research. With rare access to actors during the Colombian negotiations with the Revolutionary Armed Forces of Colombia People’s Army (FARC for its Spanish acronym), the book argues that proscription has made pre-negotiations harder and more prolonged. The book critically revisits and extends central concepts of the pre-negotiation literature: vilification, symmetry and ripeness. It develops a new concept, the ‘linguistic ceasefire’, to understand how negotiations still take place in an age of proscription. The ‘linguistic ceasefire’ has three main components: 1) recognize the conflict, 2) drop the ‘terrorist’ label and 3) uncouple the act and the actor. It removes the symbolic impact of proscription, even if de-listing is not possible ahead of negotiations. With relevance for more than half of the conflicts around the world in which an armed group is listed as a terrorist organisation, this concept can help explain why certain conflicts remain stuck in the ‘terrorist’ framing while others emerge from it. International proscription regimes criminalise both the actor and the act of terrorism. The book calls for an end to this amalgamation between acts and actors. By focussing on the acts instead, international policy would be better able to consider the violent actions both of armed groups and those of the state. By separating the act and the actor, change -- and thus peace -- become possible.
Chapter 2 describes the main international proscription regimes, their characteristics, commonalities and differences. It delves into the previous work published on proscription. After describing the possible material and symbolic effects of proscription, it turns to exploring how the different actors will be impacted.
Chapter 7 brings together the analysis of the three empirical chapters by assessing the overall impact of proscription on the dynamics of getting to the table in the case of Colombia. It goes on to assess the lingering effects of proscription throughout the negotiation process and in the post agreement phase. It argues that the intense polarisation and stigmatisation accompanying the terrorist framing still remained an issue for the ongoing transition of the listed armed group into political life and for longer-term reconciliation efforts in Colombia.
We study private equity involvement (or lack thereof) in the long-term care (LTC) sector and its recent developments in the United States, Ireland and Poland. Based on the similarities and differences across these countries’ LTC systems, which can be treated as ideal types of the variety in typical models of LTC systems, we develop a systematic approach to the analysis of private equity engagement in the sector. Specifically, we define the comparison criteria as follows: the debates about the role and place of private equity in LTC; the extent of private equity investments in LTC; the reasons for private equity entry into the LTC sector; the business strategies of private equity firms; the regulations relative to private equity in LTC. Our case study comparison demonstrates that policy responses to population aging and care needs are deeply political processes, leading to a variety of solutions shaped by institutional legacies, cultural contexts, and the power dynamics between states, markets, and civil society.
Chapter 1 argues that 9/11 and the passing of UN Security Resolution 1373 was a turning point that embedded proscription regimes deeply in the international system. The global reframing of a whole range of protracted armed conflicts as wars against terrorists has affected local conflict dynamics and their possible resolution. As the chapter goes on to explain, this shift did not emerge overnight and there were a number of antecedent concepts that laid the ground for it, but it was the first UN Resolution to invoke the right to self-defence (Article 51 of Chapter VII) against a non-state armed group.
Chapter 4 explores the processes of vilification and de-vilification by mapping and analysing the representations each conflict party – the Colombian government and the FARC – made of the other over a 20-year period. The chapter examines the language used, the associations made and how that evolved over time during two pre-negotiation phases leading up to the Caguán and Havana negotiations. The chapter argues that before proscription, each conflict party was able to react to opportunities fluidly and shift language accordingly. Following proscription, de-vilification gets stickier as altering characterisations becomes harder and takes more time. This is especially true of the government, which, having vilified its opponent in an extreme way, cannot simply switch directly to de-vilification. First it has to normalise its vilification – a concept described as a ‘linguistic ceasefire’.
The book concludes by reflecting on the contribution of this research to understand other cases of negotiations with armed groups listed as terrorist organisation as well as implications for policy. It argues that international proscription makes pre-negotiations longer and more protracted, in effect reshaping how peace processes can be initiated. International proscription regimes criminalise both the actor and the act of terrorism. The chapter calls for an end to this amalgamation between acts and actors. By focussing on the acts instead, international policy would be better able to consider the violent actions both of armed groups and those of the state.
A logical result of the swift increase in the listing of armed groups as ‘terrorist organisations’ following 9/11 would have been a reduction in the number of settlements negotiated with these targets of proscription. Instead, peace negotiations have continued. The introduction explores this puzzle and argues that there is little understanding of how international proscription affects negotiations and peace processes, and in particular how it affects the process by which conflict parties get to the negotiation table. The chapter draws on conflict and peace literature and critical terrorism studies to situate the book in on-going debates and clarify the terminology used. It goes on to lay out the research design and methodology. The chapter concludes by highlighting the book’s overall argument and giving an overview of the different chapters.
This article brings critical human rights scholarship into the intersex sphere to unearth the potential limitations of the growing deployment of human rights to improve the health care experiences of intersex people. It traces the changing tactics of intersex activist groups and identifies three tendencies – reformism, coerciveness and juridification – that may be brought by the intersex movement and international agencies embracing human rights as the vernacular. This article argues that the dominance of the human rights approach, while allowing the intersex struggle to gain legitimacy, visibility and recognition, risks fuelling a depoliticised framework of remedicalisation and increased penality. It deflects attention from the endeavour of interrogating the social and cultural foundations rendering intersex variances a deviant form of embodiment.
The chapter takes a perceptive understanding of power and delves into how each party perceived the shifts in their status and resources. Drawing on interview data, it explores how proscription affected the nature of the asymmetry and how this asymmetry was adjusted during the two pre-negotiations between the Colombian government and the FARC. It assesses how proscription shifted the multiple sources of power at the disposal of the government and the armed group. The chapter argues that international proscription sharply heightened the power of the government and shifted the burden of proof to the proscribed armed group in such a way that they were effectively asked to surrender.