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In recent years, radical changes such as rapid warming and ice retreat have become evident in the Arctic region, as recognised by the scientific community, as well as Arctic and non-Arctic states. Against this background, where the Arctic is accumulating economic importance and geopolitical significance for Arctic states and international stakeholders, the main regional actors have engaged in increased cooperation efforts, which is in contrast to the often invoked talk about an imminent conflict or ‘race for resources in the region’. At the same time, modernisation and expansion of military activities and capabilities have been pursued by several Arctic states. While these measures cannot be exclusively attributed to a militarisation of the Arctic and require further discussion, a misperception of such actions may result in the destabilisation of regional cooperation efforts. Furthermore, when considered in a broader context, possible threats to peaceful coexistence in the Arctic are more likely to arise from the present global situation. For example, the invasion of Ukraine has provoked a partial shift in regional cooperation and an uncontrolled spillover effect of the conflict between Russia and Western countries could disrupt regional stability. Drawing on the perspective of International Relations (IR) literature, and considering the absence of a regional institution devoted to security issues, this article highlights the importance of adopting confidence- and security-building measures among all relevant actors in order to create a forum for the discussion of ‘hard’ security topics, to prevent any destabilising effect on Arctic cooperation and security. Such measures may be promoted within existing fora, primarily the Arctic Council.
Among the diverse approaches to comparison in socio-legal studies, those that employ qualitative research, richness of detail and attention to context are the focus of this special issue. The Introduction draws on comparative law and social science literature to argue that comparison amongst studies of laws in contexts can follow different trajectories: the comparison may start from an assumption of similarity – in form, purposes or context – in order to identify significant differences; or it may identify significant similarity across social and cultural divides. What unites many of the projects of comparison undertaken by qualitative empirical researchers is that the points of relevant comparison are identified within the complexity of the empirical studies at hand; and they are allowed to emerge, or change, as the researcher comes to understand the facts and issues more deeply.
This paper distinguishes three ideal-type contexts in which comparisons are used: comparison as a contribution to disciplinary enquiry, as part of deliberately trying to learn lessons and as an essential element of a new form of governmentality concerned with ranking places in terms of social indicators. After offering examples of the way comparisons are employed (and criticised) in each of these exercises, the paper ends by discussing the overlap and feedback between them.
This paper looks at expectations people have of informal justice mechanisms through a rich empirical dataset of 2,775 recent ombudsman users in Germany and the UK. In a cross-cultural comparison, the ombudsman as a model of justice is explored. Not much is known about people's expectations of the ombudsman model; this paper starts to fill the gap. Four roles became apparent in cross-cultural narratives in the dataset: people who interact with ombudsmen expect them to be interpreters, advocates, allies and instruments. The identified roles are largely common to both countries, but in some aspects they show national specificities. These national specificities are seen mainly in the use of language; in Germany, it is more legalistic in comparison to the UK. I argue that this might be related to what has been described as the general legal culture of each country and the institutional set-up.
This paper examines the idea of a common European legal culture by exploring its foundational component, ‘collective legal consciousness’, in three EU states: the UK, Poland and Bulgaria. Using a comparative research design and a variety of methods of data collection, it suggests that, underneath the thin layer of EU consensus, there are some fundamental differences in perceptions of law. The evidence shows that legal ideas are infused with perceptions of the political system. This finding suggests that the creation of a shared European legal culture depends on the prior formation of a common transnational polity right across the EU, together with a sense of political identity and of trust in the legitimacy of the European political authorities. The paper also demonstrates the multilayered character of collective legal consciousness, allowing different images of law to co-exist, underpinned by the perception of the source with which each image is associated.
Since the late nineteenth century, ideas about law, both Albanian and ‘other’, have played significant parts in the development of a sense of ‘Albanian-ness’ and remain central to the ongoing construction of the nation. In this paper, I examine how comparative thinking about ‘Albanian law’ in northern Albania and predominantly Albanian Kosovo has contributed to nation-building aims, with particular reference to comparative thinking around the Kanun of Lekë Dukagjin, an early-twentieth-century legal code rooted in northern-Albanian customary practices. I look at this from two perspectives: comparative thinking by the law-writer in the Kanun and comparative thinking by a contemporaneous writer about the Kanun. Through these perspectives, we gain a more nuanced understanding of the intellectual context of the Kanun’s production than is reflected in the existing literature, and a glimpse of its continued relevance today to ideas of nation.
Towards midnight on 27 June 1787, it was clear, serene and moonlit, Edward Gibbon, certainly the greatest historian of his own, and possibly of any other, era laid down his pen after having written the last lines of his masterpiece The history of the decline and fall of the Roman Empire. He did this in the agreeable surroundings of the summer house in his garden at Lausanne overlooking the lake. He commented that his first emotion was the recovery of his freedom after so many years of unremitting labour but soon ‘a sober melancholy was spread over my mind by the idea that I had taken my everlasting leave’ of the ‘old and agreeable companion’ that his book had become to him over the years (Murray 1896: 333–334).
Through an ethnographic study of the immigration law system in Russia, and interviews with legal professionals and Central Asian migrants themselves, this paper asks: What are the lived experiences of the highly complex, though ambiguous immigration law regime of Russia? According to what ‘rules of the game’ does it operate? Are they specific to Russia only? This paper develops the concept of ‘the spiral effect of the law’ to capture the image of law, as formed through people's experiences of the legal system. Drawing on the comparative tool of analogy, this paper suggests that ‘the spiral effect of the law’ is perhaps not that different from the observable effects of immigration law in other major migration-receiving jurisdictions, namely the US, framed as ‘legal violence’ by Cecilia Menjívar and Leisy Abrego (2012).
Recent records of increasing temperature, melting of sea-ice, retreating glaciers, thawing permafrost, increasing sea levels, and increase in the frequency and intensity of extreme weather events provide clear evidence of global climate change, particularly in the Arctic. The impacts of climate change are not only environmental, but also influence social, economic, psychological, and political conditions in the region. The confluence of these conditions emphasises the need for improved communication of climate information and formulation of ethical responses to address changes in the Arctic. This review explores the meaning of ethical communication followed by an overview of the barriers to ethical communication including uncertainties related to climate change, and constructions of varying interpretations of climate change due to discipline-specific perspectives of science, journalism, and law, in the Arctic. The final section of this paper summarises key elements of ethical communication, and integration of ethical principles in formulating decision-making strategies to address climate change in the Arctic.
The Arctic provides one of the most striking signatures of climate change impacts. Accelerated loss of sea ice extent and thickness, loss in biodiversity, changing atmospheric circulation patterns, and melting permafrost portray only a few aspects of a rapidly changing Arctic. In recognition of the inter-, multi-, and trans-disciplinary (Keil 2015) discussions, tools, mechanisms, and implementation strategies necessary to address these challenging and pervasive issues of this century, the first Potsdam Summer School, entitled ‘Arctic in the Anthropocene’, took place in June–July, 2014. The summer school was coordinated by the Institute for Advanced Sustainability Studies (IASS), the Alfred Wegener Institute Helmholtz Centre for Polar and Marine Research (AWI), the GFZ German Research Centre for Geosciences, the Potsdam Institute for Climate Impact Research (PIK), and the University of Potsdam, in conjunction with the city of Potsdam. The principal vision of the summer school was to eliminate disciplinary language barriers, and to foster communication amongst individuals trained in law and international relations, public health, and science, with the goal of extending an integrated science-policy dialogue for the benefit of humanity, the planet that we inhabit, and for which we share a collective responsibility.
This paper examines the potential use and limits of Zweigert and Kötz's classical functional approach in comparative law for an empirical socio-legal research project. The project involves a comparison of the formal labour laws and informal norms and institutions which regulate restaurant work in the cities of Melbourne, Australia, and Yogyakarta, Indonesia. The paper argues that the functional approach is a necessary but incomplete method for overcoming the many issues of comparability between the two research sites; the method requires both extension of its analytical steps and explicit explanation of its limitations.
At the time of his death in 1892, the paradigmatic American poet Walt Whitman was more widely celebrated in Britain than in his own country, having received the vocal support of the likes of Tennyson, William Michael Rossetti, John Addington Symonds, Swinburne (for a time) and Edward Carpenter. For these writers, Whitman’s political egalitarianism – expressed through notions of ‘manly love’ and comradeship – presented a powerful alternative to prevailing Victorian forms of political and social relations. Whitman also provided significant inspiration for British composers at the turn of the twentieth century, with settings by Holst, Delius, Grainger, Scott, Gurney, Bridge, Stanford, Wood, Vaughan Williams and others. Yet while Whitman’s transatlantic literary reception has come to be seen as a moment of crystallization in the formation of contemporary notions of homosexuality, his reception among British composers is viewed as having been highly circumscribed, focusing more on the democratic and mystical implications of Whitman’s poetry.
This article suggests a different account of Vaughan Williams’s reading of Whitman, and explores the implications of this reading for our broader understanding of the relationship between several notions of nationalism, masculinity and modernism. This examination aims to complicate, inter alia, the narrative of rupture associated with the transition to modernism, by demonstrating how the continuity of intellectual concerns across aesthetic, national, and sexual spheres has been obscured by strategies of displacement.
The Ukraine crisis has led to tensions between Russia and the western states and the Arctic is one of the affected regions. Regional cooperation, institutions, and international law are essential for Arctic governance, and the crisis may thus have wide-ranging consequences for high north politics. The present article develops an interest-based model of Arctic conflict spill-over and examines its strength, based on a case-study of the first 18 months of the Ukraine crisis. Three hypotheses for Arctic conflict spill-over are developed: Arctic conflict spill-over will be less severe than spill-over in other regions, the western states will be more assertive than Russia, and the smaller Arctic states will be less assertive than the larger states. A review of the crisis confirms the bulk of these hypotheses with some exceptions, thus demonstrating that an interests-based model holds some merit, while also showing that a complete understanding of Arctic conflict spill-over necessitates a broader approach. The article concludes that conflict spillover is unlikely, but not impossible, in the Arctic.