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This DiF paper analyses the 2021 Consultations for Central & Eastern Europe and Central Asia, conducted as part of the process underlying the United Nations Working Group ‘Report on human rights-compatible international investment agreements’. These consultations led to three unique conclusions concerning International Investment Agreements (‘IIAs’), which were absent in other consultations: (i) the ‘regulatory chill’ caused by IIAs with respect to human rights regulations is moot in authoritarian and ‘hybrid’ regimes in this region, (ii) IIAs tend to be perceived in this region as tools to protect human rights, which can spill over to other areas of socio-economic life, and as a source of inspiration and a model for building similar protections in such other areas, and with the potential to (iii) have a positive impact on the development of domestic laws (and their relationship with the rule of law and good governance reforms in developing host states).
This article examines the racial politics of decolonization in late-colonial Nairobi in the decade before independence through the unique space of the colonial bus using archival letters from a group of European women who called themselves ‘The Housewives’. In letters to Nairobi's mayor and the Kenya Bus Service (KBS), the Housewives argued against a newly proposed transportation policy that would make all seating on the colonial buses the same price, doing away with the first-class section. The letters reveal that African bus riders, particularly Muslim women riders, were centrally important in this crucial time in Kenya's urban history. With Nairobi still under a ‘State of Emergency’ as military operations against the Land and Freedom Army (Mau Mau) were coming to an end, these letters show colonial buses as battlegrounds during the final years of British colonial rule in Kenya with extremely porous social borders and transportation vehicles serving as rich sites of urban life.
This article examines the under-researched, inter-connected issues of substantive remedy and a role for Organization for Economic Cooperation and Development (OECD) National Contact Points (NCPs) to complement judicial remedy regimes involving civil liability for companies in home-state jurisdictions. Even where access to judicial procedural remedy exists, it need not ensure substantive remedy. Legal and economic resource-based power-disparities between parties can reduce victims’ opportunities to present and argue their case; and courts offer limited substantive remedy options compared with the types listed by the United Nations Guiding Principles on Business and Human Rights. The article argues that combining access to NCPs and judicial remedy offers important opportunities to address well-recognized challenges for victims’ access to substantive remedy, especially with strong NCPs. NCPs can operate in ways that courts normally cannot, to help give victims voice and a choice of substantive outcome. The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) proposal serves as a cue for the analysis. However, the issue is relevant for any OECD member or the OECD Guidelines adherent state.
This article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys sought stricter enforcement of morals laws, including those barring interracial cohabitation. This article argues that the historic prerogative of white men to choose their sexual and domestic partners undermined the illegality of interracial marriage. Lynching deterred Black men from cohabiting with white women, but prosecutions for “unlawful cohabitation” did not effectively punish white men and Black women who formed lasting partnerships. This article relies on extensive research in local court records that reveal that prosecutions of white men and Black women often resulted in fines and, in many cases, had little effect on these mixed-race families. In Natchez and elsewhere, eugenic ideologies of “white racial purity” were no match for a patriarchal legal culture that gave white men leeway to ignore the law when it suited them, even amid outward denunciations of miscegenation. In Mississippi, many white men did not view relationships between white men and Black women as a clear threat to white supremacy, creating space for some interracial families to survive into the twentieth century.
This essay examines the representation of young girls in Song dynasty literary and visual arts as period portrayals of an important human emotion: parental love. The literature on doting parents extends far back in Chinese history, but in Song times children become the focus of family manuals, pediatric manuals, and an expanding visual and material culture in which the imaginary lives of children in play are conveyed to readers and viewers. Girls are shown not only active in games with boys but engaged in guiding and supervising the play. Talented girls were praised and adored by Song dynasty parents. Children were portrayed as resolving conflicts among companions on their own, with little interference from adults. Song period art and literature adopted an indulgent attitude toward mischievous behaviors in boys and girls. There developed a conception of family increasingly based on affection rather than the authority of age.
Despite its destructiveness, disaster clears the way to accomplish a set of goals. That was why the Gold Coast governor and officials welcomed the 1939 earthquake as an opportunity to rebuild Accra. However, mishandling their reconstruction plan proved disadvantageous. The aftermath of the disaster, including an unprecedented rehousing project, exacerbated urban discontent. How everyday urban residents responded to rehousing further exposed the weakness of the colonial state and gave momentum to nationalism. The paper introduces natural disasters and relief programs into the scholarly narratives that have demonstrated that anticolonial nationalism emerged from a chain of grievances from amongst colonial subjects, some of which were unfulfilled social and economic expectations. The experiences of rehousing following the earthquake powerfully informed local perspectives and contributed to the chain of events leading to formal decolonization.
A form of Sinology emerged in Vietnam in the early twentieth century during the period of colonial rule as Western learning came to replace the traditional curriculum of the Confucian classics. At first, scholars sought to preserve traditional learning by translating Confucian and Buddhist texts into the Vietnamese vernacular. Then in the 1930s and 1940s, scholars produced works on Chinese history, philosophy, and literature that engaged with the works of modern scholars from China and the West. The development of this body of Sinological scholarship was then disrupted by periods of revolution and war. This article traces the development of Sinology in Vietnam through these periods up to the present.
The intersection of nationalism and inequality is undoubtedly gaining interest in current debates in nationalism studies. The effects of economic inequalities on nationalist politics are the most researched area; however, there are other ways to explore the relationship between nationalism and inequality. Focusing on economic and political aspects of inequality this state-of-the-field article offers an overview of existing research on the relationship between inequality and nationalism in various areas of nationalism studies, ranging from nationalist politics to exploring the symbolic construction of nationhood. Following the inequality scholars, we highlight the growing importance of capital accumulation and emphasize the spatial aspect of it. We argue that while being largely overlooked, the role of territory—and territorial politics more broadly—becomes crucial for the understanding of the intersection of nationalism and inequality today. Overall, we show that it is necessary for nationalism studies scholars to engage in contemporary literature on inequality and acknowledge the wider implications of growing inequality to various manifestations of nationalism.
It took nearly two thousand years for society to recognize the Hippocratic insistence that “the doctor knows best”1 was an inadequate approach to medical decisionmaking. Today, patient-centered medicine has come to understand that the individual patient has a significant role in the decisionmaking process.2
Sustainability, properly understood, is an existential moral ideal. The United Nations, however, defines it in terms of 17 indivisible sustainable development goals. This definition changes the core idea of the concept. It turns sustainability from a moral ideal into a set of economy-based political aspirations. The European Union’s bioeconomy strategy demonstrates the shift aptly and reveals its main problem. When economy is prioritized, social and ecological concerns become secondary. This has been the United Nations line since the Brundtland Commission’s report, Our Common Future in 1987. Considerations of justice illustrate the inadequacy of the approach. Equality and justice require that all those affected by decisions are heard in making them. Under the current operationalization, decisions related to the natural environment and climate change are currently being made without hearing voices that advocate deeper social and ecological equality. After an explication of the problem and the state of the art as outlined above, a new notion of justainability is introduced and it is argued that assuming it would be a step in the right direction in taking also noneconomic values properly into account in international decision making.
Psychedelics such as psilocybin reliably produce significantly altered states of consciousness with a variety of subjectively experienced effects. These include certain changes to perception, cognition, and affect,1 which we refer to here as the acute subjective effects of psychedelics. In recent years, psychedelics such as psilocybin have also shown considerable promise as therapeutic agents when combined with talk therapy, for example, in the treatment of major depression or substance use disorder.2 However, it is currently unclear whether the aforementioned acute subjective effects are necessary to bring about the observed therapeutic effects of psilocybin and other psychedelics. This uncertainty has sparked a lively—though still largely hypothetical—debate on whether psychedelics without subjective effects (“nonsubjective psychedelics” or “non-hallucinogenic psychedelics”) could still have the same therapeutic impact, or whether the acute subjective effects are in fact necessary for this impact to be fully realized.3,4,5
The model for capacity assessment in the United States and much of the Western world relies upon the demonstration of four skills including the ability to communicate a clear, consistent choice. Yet such assessments often occur at only one moment in time, which may result in the patient expressing a choice to the evaluator that is highly inconsistent with the patient’s underlying values and goals, especially if a short-term factor (such as frustration with the hospital staff) distorts the patient’s preferences momentarily. These challenges are particularly concerning in cases, which arise frequently in hospital settings, in which patients demand immediate self-discharge, often during off-hours, while faced with life-threatening risks. This paper examines the distinctive elements that shape such cases and explores their ethical implications, ultimately offering a model for such situations that can be operationalized.