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In civil law jurisdictions, plants have traditionally been classified as ‘objects’ (or ‘things’) under private law, reflecting an age-old tendency, certainly in the Western world, to underestimate and undervalue plants. Recent legal debates increasingly acknowledge the special nature of plants. Perhaps the most eye-catching debate in this context is the one on Rights of Nature, which have much potential but pose some practical and conceptual challenges. We propose an additional way of acknowledging the special nature of plants in a legal context: de-objectifying plants in private law and thereby explicating that they are not mere objects. Numerous civil codes already separate animals from objects, often – though not exclusively – based on the sentience of animals. Recent scientific research suggests that plants may be sentient, too. We aim to open the debate on the de-objectification of plants, based on their sentience, in civil codes as a feasible and unobtrusive way to acknowledge in law that plants are living beings, and more than mere things.
The business and human rights (BHR) framework has regularly been considered the superior legal regime of corporate accountability for business-related human rights abuses, which must be both protected from and incorporated into investment treaties. However, investment treaties have surpassed the BHR framework in an important respect: certain investment treaties impose strict international legal obligations, including human rights-related obligations, directly on investors, thereby going beyond the normatively ambiguous corporate responsibility to respect. Investment treaty reform initiatives, including those seeking to align investment treaties with the BHR agenda, should, therefore, take care to avoid inadvertently undoing this advance towards investors’ legal accountability.
This article maps the shared legal anatomy of climate and environmental lawsuits, in which plaintiffs claim protection for future generations before domestic or international courts. By closely analyzing the litigation strategies of plaintiffs and the inquiry of courts, the article argues that these proceedings revolve around structurally similar legal standards across domestic and international jurisdictions, which correspond to five normative requirements flowing from the rule of law: namely, respect for human rights, certain quality of law requirements, prohibition of arbitrary exercise of governmental powers, non-discrimination, and access to justice. The cross-jurisdictional analysis shows that courts appear to be increasingly willing to protect future generations against arbitrary treatment by present-day decision makers. The article appraises whether such an intergenerationally sensitive reinterpretation of the rule of law could help to change the short-termist paradigm of environmental and climate law.
The International Political Science Association (IPSA) is a unique case against the common perception that Beijing has the upper hand when the two regimes by the Taiwan Strait contest to join international (non-governmental) organisations. Beijing relentlessly pushes international organisations to acknowledge the One China principle; Taipei also relentlessly denies this principle while it seeks to join. In the 1980s, Chinese and Taiwanese political scientists, representing their own regimes, applied Track II diplomacy to compete over membership of this organisation. IPSA membership mattered to both regimes and their political scientists. After many years of Track II competition, The Chinese Association of Political Science in Taipei became a “collective” member without compromising on how to name itself in April 1989. As a result, Beijing's counterpart withdrew from the IPSA. This situation has now persisted for over thirty years. The IPSA case not only challenges the current understanding of Cross-Strait relations but also throws light on the theoretical understanding of Track II diplomacy.
The political messaging of Leoluca Orlando, who served five terms as mayor of Sicily's capital, Palermo (most recently, until 2022), articulates a cosmopolitan vision of local identity. Orlando seeks to emphasise Palermo's ‘tolerant’ values, invoking the city's history to foster this image, as well as using a variety of rhetorical strategies. He portrays Palermo as having a true ‘essence’, which is necessarily multicultural. I analyse Orlando's pronouncements on his official Facebook page, as well as observing his audience's reactions to his messaging, both supportive and critical. I examine how Orlando articulates the narrative that Palermo has historically been a ‘mosaic’ of various cultural influences, proposing that the contemporary city is the ‘true’, welcoming face of the Mediterranean. As well as exploring the political utility Orlando sees in such arguments, I analyse the risks inherent in this essentialising project.
“You fooled me. I never dreamt,” George said to the pasty gray face in the mirror. As a child, he had worked out complicated schemes of how the world must be constructed. This led to that, and that led to this. When this and that no longer fit together, he began to squint, and limit his view to the essential. At any moment, the sky might break open and rain body parts and end times. He never imagined that it would be colors that would give way.
In 1976 Raymond Williams commented, ‘Culture is one of the two or three most complicated words in the English language.’ Such implied difficulty has not prevented Bloomsbury Academic, since the 2000s, from publishing around forty series of their well-produced and generously illustrated Cultural Histories, with, according to their website, a further fifty in progress. Each series contains six volumes, each book covering, in theory, the same chronological period (antiquity, the Middle Ages, the Renaissance, the Enlightenment, the age of empire and the modern age), though there is some variation depending on precise topic. The idea is that one can use these books not only to read ‘horizontally’ about a subject across time, but also ‘vertically’ through different subjects in the same period – a idea made easier by the e-texts of the series on Bloomsbury's website.
In Canada, there is interest in expanding medical assistance in dying (MAID) to include advance requests (AR) for people living with dementia (PLWD). However, operationalizing the intolerable suffering criterion for MAID in ARs for PLWD is complicated by the Canadian legal context—in which MAID is understood as a medical intervention and suffering is conceptualized as subjective—and the degenerative nature of dementia. ARs that express a wish to receive MAID when the PLWD develops pre-specified impairments are problematic because people are unlikely to accurately predict the conditions that will cause intolerable suffering. ARs that express a wish to receive MAID when the PLWD exhibits pre-specified behaviors that likely represent suffering are problematic because they are inconsistent with the subjective conceptualization of suffering. Further research is required to determine whether adopting an objective conceptualization of suffering is justified in these cases and, if so, how to reliably identify intolerable suffering in PLWD.