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Multilateral development banks (MDBs) are crucial in promoting economic growth through their project finance activities. Meanwhile, to address negative effects arising from their development projects, MDBs increasingly have focused their attention on the environmental and social impacts of their supported projects in recent decades. This article analyzes the relationship between the Environmental and Social Framework (ESF) adopted by the Asian Infrastructure Investment Bank (AIIB) and multilateral environmental agreements (MEAs). It argues that better compliance with MEAs by the AIIB and its borrowers in implementing AIIB-supported development projects will be achieved only if its independent accountability mechanism (IAM) can actively examine project compliance with the ESF in the light of MEAs. The AIIB has an opportunity to provide leadership in promoting the fulfilment of MEA obligations in development finance. However, this is contingent on ensuring effective oversight by its newly established IAM moving forward.
Victims of transnational human rights violations caused by multinational corporations (MNCs) are often confronted with substantial impediments to effective remedies. While justice is de facto unattainable in host state courts, due to weak government or the absence of judicial independence, barriers that prevent victims from litigating in home states are no less insurmountable. Transnational litigation in home states has faced jurisdictional challenges. Defendant corporations have argued that home state courts are not the most appropriate forum to hear a case involving foreign torts.1
In the context of socio-economic transformation of Svalbard, from a place dominated by the coal mining industry to a nature-based tourism destination, the article focuses on how this transformation is co-created with material objects of coal mining remnants. These seemingly marginal, insignificant or even out-of-place remnants of coal mining activity (such as rusty barrels or collapsing infrastructure) have become, by law, a protected part of the Svalbard environment, a cultural heritage. Based on the relational (more-than-human) ethnography of guided tours, the analysis shows that this transformation is co-creating the characteristics of both the past of coal mining and the present notion of wilderness. It demonstrates the process not only as a transformation of interpretations, knowledge and values but also as a transformation of relations with non-human components of the environment. Rather contextual than linear shifts in a biography of the objects, together with the temporality of the objects and their porous character, play a significant role in the Svalbard’s transformation into a nature-based tourism destination.
At first blush, normative arguments justifying representation of future generations and nature appear to rest on contradictory values. This article argues, however, that there are strong synergies between these discourses. Arguments for institutions for future generations based on human rights are compared with justifications for proxy representation of nature based on ecological justice, Indigenous ecological justice and socio-ecological justice. Case studies involving the Welsh Commissioner for Future Generations, the Aotearoa New Zealand Parliamentary Commissioner for the Environment, and ascribing legal personality to rivers in Australia and Aotearoa New Zealand, are presented to demonstrate that representing future generations and nature reflect mutually supporting values. Building on these synergies is vital for reform efforts.
By considering the history of bioethics and international humanitarian law, Joseph J. Fins contends that bioethics as an academic and moral community should stand in solidarity with Ukraine as it defends freedom and civility.
Research has rarely investigated the actions bureaucrats take to challenge the status quo of their organisation from within. Proposing a power-analytical approach to voice, exit and everyday resistance as political strategies of challenging the bureaucratic status quo, I study the difficulties of achieving organisational change in a context of structural constraints on junior bureaucrats’ reformative power. During field research in Niger's Refugee Directorate, I found that despite the associated risks, junior bureaucrats criticised their working conditions and, in confidential conversations, the administration. As precarious staff, they often combined criticism with compliance. In frequent acts of semi-private criticism amongst peers and with external actors, they problematised their working conditions and the state, but performed symbolic conformity in the everyday to avoid sanctions. This strategy nevertheless created autonomy for themselves and mobilised external actors for change-making. In rarer acts of direct criticism voiced to their superiors, the junior staff often complied with the same informal solidarities they vocally criticised.
Between the sixth and the tenth century, India passed through a new phase of urbanization. This has been identified as the third urbanization in India, setting it apart from two earlier phases. The focus of historical investigations for this period has generally been on capital cities and royal centres, or centres of pilgrimage. Port cities have also received some attention. There are no exclusive studies on unplanned cities from this period other than the overview that a few historians provide. In this article, I am focusing on one of them, Sīyaḍoṇi in central India, in order to understand how urban centres developed in this period without being royal centres, places of pilgrimage or hubs of maritime trade. I propose that Sīyaḍoṇi emerged as a merchant town on an important trade route and its commerce-centred economy was reinforced by deep-seated practices of rent-seeking involving generation of income through ground rent, taxation and interest on loans.
This article suggests that the post-colonial viewpoint could be valuable in understanding Beijing during the colonial crisis between 1900 and 1928. Through the examination of urban space in the Legation Quarter, it pays attention to the emerging special types and forms, as well as the mechanisms behind them, and explains the transposition of a foreign modern cityscape to the local context. The Europeanized district in Beijing was a symbol of Western civilization and the uneven power dynamics in the city, and was regarded as both a spatial model and a competitor for the Chinese government's attempts to create a modern capital.
This article, part of the forum “The Everyday Materials of Colonial Legal Spaces,” analyzes how Spanish law intersected with longue-durée Indigenous histories to pattern performative judicial violence in disputes over boundary lands separating Indigenous communities. During the late seventeenth and eighteenth centuries when population growth and expansion and commercialization of the livestock industry put pressure on Indigenous lands, Native judicial officers used their coercive power and symbols of judicial authority to physically enter boundary lands and shape the course of legal disputes. By combining legal and extralegal procedures, Native officials developed customary patterns of judicial practice and performance proper to their own jurisdiction in which objects invested with political, sacred, and quotidian meaning figured centrally. Staffs of office and whips wielded by Native authorities as emblems of Indian administrative and legal jurisdiction represented one category of the everyday materials of law. Clothing, farming implements, and livestock afforded other tools with which Indigenous farmers and authorities made legal claims. When reading land disputes alongside criminal cases of land invasions across Oaxaca’s judicial archives, it becomes clear that Native officials and farmers used these objects to struggle over territory and authority in cycles of litigation, land titling or contracts of joint-possession, and violence that often endured for decades or centuries, forming an enduring facet of agrarian custom in the region.