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For some time now, there has been a perceived need to prepare law students to handle legal issues beyond national borders. Much has been written on how globalisation should shape legal education, but no clear direction has emerged. There is also a contrary impulse to retain a focus on domestic law in order to prepare students for practice in their home jurisdiction. One way of addressing these apparently contrary impulses is to take a skills approach that articulates the analytical processes distinctively active in a more global context. Some of these skills could then be integrated into a variety of courses. However, skills in the global context should not merely replicate domestic conceptions of skills. This paper proposes that students develop abilities in comparative thinking and heuristic question framing, and reviews the advantages and disadvantages of a course in Comparative Advocacy designed to accomplish these goals.
The emergence of drivers’ unions in the 1920s and 1930s highlights the wide range of strategies for social and economic organization available to workers in the Gold Coast. Particularly among workers who operated outside the conventional categories of the colonial economy, unions provided only one of many models for labor organization. This article argues that self-employed drivers appropriated unions and an international discourse of labor organization in the early twentieth century in order to best represent their interests to the colonial government. However, their understanding of the function and organization of unions reflected a much broader repertoire of social and economic organizing practices. Rather than representing any exceptional form of labor organization, drivers highlight the circulation of multiple ideas surrounding labor organization in the early decades of the twentieth century, which informed the ways in which Africans engaged in the wage labor economy and implicitly challenged British colonial assumptions about labor, authority, and control.
This paper shows how international law scholarship might adopt a constructivist interdisciplinary research design to better engage with the political and social context of legal rules and institutions. In 2005 the Asia-Pacific Partnership was launched by the United States and Australia as a climate change institution outside the UN climate process. Controversially, the Member States claimed the Asia-Pacific Partnership was complementary to the UN climate process. This paper investigates the veracity of this claim by analysing the normative compatibility of the Partnership and the UN climate process. The paper adopts Dryzek's discourse theory to analyse the shared ideas and assumptions underlying both institutions. This analysis indicates that the Asia-Pacific Partnership embodied a deep market-liberal discourse that is in significant tension with the more interventionist and equity-based principles underpinning the UN climate process. This market-liberal discourse is important for understanding recent developments in global climate governance.
One of the fundamental challenges of climate change is that we contribute to it increment by increment, and experience it increment by increment after a considerable time lag. As a consequence, it is very difficult to see what we are doing to ourselves, to future generations, and to the living planet as a whole. There are monumental ethical issues involved, but they are obscured by the incremental nature of the process and the long time frame before reaching the concentration of greenhouse gases and the ensuing accumulation of radiant heat—and consequent climate change—that ensues.
In his definitive book A Perfect Moral Storm, ethicist Stephen Gardiner argues that the way forward in a climate-changed world is so difficult in part because we “do not yet have a good understanding of many of the ethical issues at stake in global-warming policy.” We remain confused about such vital questions as who should take responsibility for the current condition, how to preserve equity between generations, and how best to think about our responsibility toward nonhuman animals. The resistance of governments to taking action, attempts by various players to throw sand in the eyes of the public, and specious arguments used to justify an unwillingness to do what is necessary all add to our moral bafflement.
This article contributes to the debate among just war theorists about the ethics of using armed drones in the war on terror. If violence of this kind is to be effectively restrained, it is necessary first to establish an understanding of its nature. Because it is difficult to conceptualize drone-based violence as war, there is concern that such violence is thus not captured by the traditional jus ad bellum (just resort to war) framework. Drone strikes probably do not constitute a law enforcement practice, so the peacetime ethics of criminal justice do not apply either. One possible solution is to develop and apply a legitimization framework of jus ad vim (just resort to force) in which vim is “force short of war,” although this depends upon a vim–bellum distinction being a sustainable one. Moving beyond discussion of these three alternative concepts of drone-based violence, the article suggests a fourth—vis perpetua (perpetual force)—and explores the ethical implications thereof. As a form of violence that presents no physical risk to individual users of force, a program of drone strikes poses a moral problem if it is intended to continue indefinitely, leading to the systematic endangerment of innocents without the eventual promise of peace.
Among Earth's millions of species, ours is the only one capable of rapidly changing the chemistry of the atmosphere and thereby endangering the whole web of life, from phytoplankton and corals to polar bears and pine trees, from hummingbirds to humans. We are also the only species capable of documenting this disruption, identifying its causes, and acting to counter it. Yet so far we have failed to act on the scale or with the urgency required to avert this unfolding disaster. Why are we failing? What keeps us from caring for the atmosphere as a shared, finite, and fragile envelope for life?
Many in the environmental movement have argued in recent years that in order to speed up climate actions we should take the ethics out of the climate change debate. Focusing on the moral obligation to act or on the effects of climate change on the most vulnerable was often judged to render the discourse too “heavy,” “negative,” or “difficult.” Many also deemed it unnecessary. After all, renewable energies, better designed cities that allow for reduced car use, and power plant regulations that lead to cleaner local air—to take just three examples—all have real and substantial benefits unrelated to the fact that they are “the right thing to do” in the face of climate change. They create jobs, reduce health problems and costs, and make society fitter.
This roundtable of Ethics & International Affairs provides an opportunity to step back and reflect on the fundamental elements of climate change and how ethics can play a role in addressing them. In this spirit, I explore three questions that capture the broad outlines of climate concerns. First, what is the nature of climate change as a global problem? Second, what frustrates humanity's ability to respond? Third, what can be done?
The Carnegie Council's work “is rooted in the premise that the incorporation of ethical concerns into discussions of international affairs will yield more effective policies both in the United States and abroad.” In honor of the Council's centenary, we have been asked to (briefly) present our views on the ethical and policy issues posed by climate change, focusing on what people need to know that they probably do not already know, and what should be done. In that spirit, this essay argues that climate change poses a profound ethical challenge, that the ongoing evasion of this challenge produces ineffective policy, and, therefore, that a fundamental paradigm shift is needed. More specifically, I maintain that the climate problem is usually misdiagnosed as a traditional tragedy of the commons, that this obscures two deeper and distinctively ethical challenges (what I call the tyranny of the contemporary and the perfect moral storm), and that we should address these challenges head on, by calling for a global constitutional convention focused on future generations.
This article offers a reconsideration of planning and development in English towns and cities after the Black Death (1348). Conventional historical accounts have stressed the occurrence of urban ‘decay’ in the later fourteenth and fifteenth centuries. Here, instead, a case is made that after 1350 urban planning continued to influence towns and cities in England through the transformation of their townscapes. Using the conceptual approaches of urban morphologists in particular, the article demonstrates that not only did the foundation of new towns and creation of new suburbs characterize the period 1350–1530, but so too did the redevelopment of existing urban landscapes through civic improvements and public works. These reveal evidence for the particular ‘agents of change’ involved in the planning and development process, such as surveyors, officials, patrons and architects, and also the role played by maps and drawn surveys. In this reappraisal, England's urban experiences can be seen to have been closely connected with those instances of urban planning after the Black Death occurring elsewhere in contemporary continental Europe.
Modern law's response to mass atrocities vacillates equivocally in how it understands the dramatis personae to these expansive tragedies, at once extraordinary and ubiquitous. Is there any principled order to this? If not, should we care?
As of 2007 the world economy has been caught in the worst crisis since the 1930s. Yet after two years of only partly successful efforts to mobilize and coordinate global action of financial control and stimulus, ending with the G-20 meeting of March 2009, responsibility for corrective economic initiatives has essentially been left to individual countries, supported by the International Monetary Fund (IMF) and the European Union (EU). Moreover, such support has been usually conditional on countries following financial policies of tough austerity. The United States took some actions to stimulate its economy, but by many accounts these were insufficient. Most of Europe has not even attempted stimulus measures and has been in a period of economic stagnation, with falling real incomes among the poorest parts of the population. Although some signs of “recovery” have been heralded in 2013 and 2014, growth has mostly been measured from a lower base. There is little evidence of broad-based economic recovery, let alone improvements in the situation of the poor or even of the middle-income groups.