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Migrants are often presented in simplified terms that focus on the threats they experience or pose to the host society. This produces an image of migrants who have no agency and are victims of their circumstances or who respond to their circumstances by turning to crime and illegality. In this special issue, we reframe migration by highlighting how migrants leverage the various vulnerabilities they encounter, turning them into agency and self-sufficiency. We explore different types of vulnerability and agency for migrants in the Eurasian region, which often originate from the same sources, including structural factors, state and governance practices, social networks, and gender roles. Through interactions with a variety of state and nonstate actors, migrants have the ability to make choices that reduce uncertainty and risk in their migration environment and on returning home. These choices coexist with vulnerability and a lack of formal rights but do not replace them, creating complex and contingent relationships between precarity and agency.
Since the end of the Georgian-Abkhaz war, the often-precarious status of the Georgians displaced from Abkhazia has received significant academic attention. In contrast, the consequences of displacement from the reverse perspective—how it has affected the people who stayed behind—remains underanalyzed. Drawing on narratives collected during several months of ethnographic fieldwork, this article argues that although ethnic Abkhazians see themselves as victims of ethnic violence rather than perpetrators, the re-distribution of Georgian property nevertheless caused significant distress. Many condemned the practice of appropriation, suggesting that taking what is not one’s own is not only a violation of the property of the original owner, but also of the Abkhaz moral code and therefore shameful. To them, the trophy houses were a curse, both literally—as spaces haunted by former occupants—and metaphorically, as a source and reminder of a certain “moral corruption” within Abkhazian society. However, while the stories around the trophy houses reflect substantial intra-communal divisions, I suggest that they are also an expression of a shared postwar experience. Like the horror stories of Georgian violence, and the tales of Abkhaz heroism, they have become part of an intimate national repertoire constitutive of Abkhazia’s postwar community.
Ordeals are burdens placed on individuals that yield no benefits to others; hence they represent a dead-weight loss. Ordeals – the most common is waiting time – play a prominent role in rationing health care. The recipients most willing to bear them are those receiving the greatest benefit from scarce health-care resources. Health care is heavily subsidized; hence, moral hazard leads to excess use. Ordeals are intended to discourage expenditures yielding little benefit while simultaneously avoiding the undesired consequences of rationing methods such as quotas or pricing. This analysis diagnoses the economic underpinnings of ordeals. Subsidies for nursing-home care versus home care illustrate.
Through a case-study of one significant courtyard house owned by the Drapers’ Company and known as ‘The Erber’, this article argues that mercantile livery companies supported London's growing centrality within an expanding network of trade through the use and development of corporate properties. The micro-history at the heart of this article reveals that the ‘everyday’ built environment of sixteenth- and seventeenth-century London was shaped not just by the city elite. Also relevant to that process were the different sorts of tenants of the Drapers’ Company, who benefited from the expansion at all levels of London's mercantile activity. The trickle-down effects of global mercantilism affected spaces small and large. The investigation of the Erber highlights the domestic implications of global commercial expansion.
The aim of this article is to study discussions within the International Metalworkers’ Federation (IMF) about the early postwar process of European integration at the intersection of international cooperation and nationally defined interests. The central question is the future of the Ruhr. This article argues that the developing Cold War, and the conflict between social democrats and communists, limited the reach of international trade-union cooperation but simultaneously strengthened the perceived need among social-democratic trade unionists in Western Europe to coordinate their policies in relation to supposed enemies. European integration in combination with the Cold War also highlighted a need to coordinate the resources of European and anti-communist trade unions in North America. The article shows that the IMF generally supported European integration as a defence against the hypothetical threat from the East, but made attempts to sway the process to include a pronounced social dimension.
In our introduction to this Special Issue on early modern cities and globalization, we explore the current place of cities before 1850 in global urban history and address the promise of a greater focus on their role. We argue that the interplay between the large scale and the small scale in the imperial global city is an essential dialogical force in the formation of each city's relationship to the wider early modern world. Furthermore, early modern global urban history can help explain the creation of spaces that facilitated connections between distant, global locations, as well as illuminate the emergence of networks of exchange between city communities around the globe. Yet, it also reveals the tense, messy negotiation of the meaning of these urban spaces, as well as the incredibly diverse communities they harboured.
This article examines the concept of granting legal rights to nature as a strategy for more effective environmental protection in the era of the Anthropocene. Following decades of debate over the possibility and consequences of natural objects becoming legal rights holders, a number of countries have recently implemented rights of nature laws in their national legal systems. Comparing two of these examples – a constitutional amendment in Ecuador and recently transposed legislation in New Zealand – will help in understanding the potential for and challenges in the implementation of this concept. On the basis of the findings of this comparison the article further analyzes the possibility of legal reform in a European country, using Germany by way of example. This analysis demonstrates that the realization of rights of nature in Europe is faced with many obstacles as it contests institutional and legal frameworks that are deeply rooted in Western individual rights doctrines and neoliberal economic models. Nevertheless, the holistic approach of expanding the number of rights-bearing subjects beyond an anthropocentric framework can allow for more serious consideration of environmental interests, something that aligns with the German narrative of recognizing nature's intrinsic value in law and the need for effective environmental protection measures.
This article has two principal aims. The first is to assess the usefulness of ‘glocalization’ as a concept in the study of early modern global cities, using human–animal interactions as a test case. The second is to explore the reciprocal influence that human–animal interactions and the development of global cities had on each other. Exploration of these two issues interrogates the frequently contradictory, often ambiguous and always contested nature of the early modern global city itself.
The relentless spread of Coronavirus Disease 2019 (COVID-19)1 has been exponential, with an alarming number of deaths2 putting health systems under severe strain. The World Health Organization (WHO) has declared COVID-19 a pandemic3 and health experts cannot predict when a vaccine may be available, or when the spread will slow.
The context of this paper is the several innovative reforms since the Australian government changed the family-law system more than forty years ago with the enactment of the Family Law Act 1975 (Cth). Whilst no-fault divorce was introduced over four decades ago, the watershed effect of replacing a blaming culture with a collaborative problem-solving approach to family disputing has provided a stepping stone for a progressive pathway to less adversarialism in family conflict. This narrative resonates throughout the family-law system today. It also continues to guide the justice discourse in family matters. This paper focuses on developments in the family-law system canvassing several legislative amendments that demonstrate the use of alternative dispute resolution (ADR) as a means of improving access to justice in relation to family disputes in Australia. It is argued that, in the family-law system, justice and ADR are inextricably linked. In support of this contention, the growth, development and evaluation of family dispute resolution is considered; access to justice issues that arise are highlighted. Finally, it reviews ramifications for the future considering recommendations from the recent inquiry into the family-law system.
This article discusses three questions. First, what drives business to ignore human rights, or even worse, consciously undermine the achievement of human rights? Second, given the state of affairs of business and human rights, why is there not a quick regulatory fix to the problems that we see? Third, in light of the failure of business and of regulation so far, what can be done? The article posits that reform of company law is key to ensuring business respect for human rights, as an intrinsic element of the transition to sustainability. The article outlines how company law can facilitate sustainable business. It concludes with some reflections on the drivers for change that make it possible to envisage that the necessary reform of company law will be enacted.
The fields of business and human rights (BHR) and business for peace (B4P) have overlaps in how they view business in society and in their multidisciplinary nature. This paper seeks to build on the work of BHR scholars in connecting with the B4P scholarly community, to bridge the divide by explaining the elements of the B4P literature that might be of interest for BHR scholars, and to describe a joint research agenda for scholars in both fields. The paper begins with a literature review of the major assertions and findings of B4P on the role that business can and should play in enhancing peace. Similarities and differences in approach and theories between BHR and B4P are then noted. A common research agenda is proposed that BHR and B4P scholars may use as a starting point for broader collaboration.
COVID-19-related controversies concerning the allocation of scarce resources, travel restrictions, and physical distancing norms each raise a foundational question: How should authority, and thus responsibility, over healthcare and public health law and policy be allocated? Each controversy raises principles that support claims by traditional wielders of authority in “federal” countries, like federal and state governments, and less traditional entities, like cities and sub-state nations. No existing principle divides “healthcare and public law and policy” into units that can be allocated in intuitively compelling ways. This leads to puzzles concerning (a) the principles for justifiably allocating “powers” in these domains and (b) whether and how they change during “emergencies.” This work motivates the puzzles, explains why resolving them should be part of long-term responses to COVID-19, and outlines some initial COVID-19-related findings that shed light on justifiable authority allocation, emergencies, emergency powers, and the relationships between them.