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Chapter 4 considers how duties of international cooperation safeguard sovereign equality by reconciling the territorial sovereignty of coastal states with landlocked states’ rights to access the oceans through negotiation or binding arbitration.
Chapter 5 demonstrates that states have accepted obligations of mandatory cooperation with respect to a variety of other transboundary harms, including piracy, terrorism, and at least some cyberattacks.
Chapter 1 draws on the history of Russia’s military interventions in Ukraine to distinguish two conceptions of sovereign equality under international law. It argues that that international law in the twentieth century embraced a constitutional and equitable conception of sovereign equality, generating state obligations to cooperate with one another to resolve disputes over matters of common concern in accordance with equitable principles.
Chapter 3 shows how the international law of the sea moved away from state unilateralism in favor of the equitable model of sovereignty by requiring states to resolve disputes over international fisheries and maritime boundaries through cooperation in accordance with equitable principles.
Chapter 2 explains how international law governing rivers has evolved to establish a requirement that upstream and downstream sovereigns must consult and negotiate in good faith to determine mutually satisfactory solutions for the shared use of rivers.
Chapter 7 examines climate change as a transnational and existential threat to humanity generally, and to certain smaller and vulnerable states most dramatically. Since it poses an existential threat to low-lying coastal states and raises the frequency and intensity of extreme weather events, Chapter 7 makes the case that climate change should be understood to trigger duties of international cooperation.
The Local Government Pension Scheme (“LGPS”) is typically administered by local authorities. Somewhat incongruously with its localised nature, or even recent pooling measures, there are attempts by those campaigning for boycott, divestment and sanctions (“BDS”) against the State of Israel to extend the reach of the town hall into the geopolitical arena. The decision in R. (on the Application of Palestine Solidarity Campaign Ltd.) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 is seen by those BDS activists as providing a self-contained roadmap for LGPS divestments and boycotts. They are mistaken. This article considers the questions that remain to be addressed and the need for local government lawyers to look beyond local government law to the rules of equity. When the principles and rules of equity are violated in adopting divestment or exclusion policies, a court of equity will not hesitate to intervene. This is not equity’s incursion into the local government arena. For insofar as the conduct of administering authorities as fiduciaries, or quasi-trustees, is concerned, it was always there.
Edited by
Latika Chaudhary, Naval Postgraduate School, Monterey, California,Tirthankar Roy, London School of Economics and Political Science,Anand V. Swamy, Williams College, Massachusetts
Under the extremes of Indian socialism, the financial system was a handmaiden for state control of the economy, directing resources according to the wishes of the government. State control was achieved through government ownership. A great deal has changed, with a first (1947–1992) and second (1992–2016) phase of central planning where there were conflicting themes of liberalization and enhanced state control. In many areas, private financial firms are now important. The full ecosystem of modern finance, with information processing and risk taking by private persons, blossomed in the equity market. For two decades there was a remarkable policy process that yielded gains in fields such as the equity market, pension reforms, bankruptcy code and so on. But alongside this there was the expansion of the ‘administrative state’ in the form of financial regulators. Regulators engage in micro-management of products and processes. While there is isomorphic mimicry with many things that look like a financial system, officials retain substantial control over how finance works. In a functional perspective, Indian finance today resembles the environment of the 1980s more than meets the eye.
This chapter explores the role of linguistics in language teacher preparation. Against a profound demographic shift currently underway in the US, it provides a rationale for preparing ESL and bilingual teachers who are well-equipped to work with diverse students in K-12 contexts. Crucially, the chapter explores two key points: the value of linguistic analysis and an equity-based approach to language teaching. Linguistic analysis allows teachers to recognize patterns in the language of their students; in doing so, teachers can isolate recurring errors, recognize where their students are in the learning process, and better target their teaching to address the errors and move students forward. The chapter also shows how linguistics training helps teachers understand language variation, dialects, and the role of society, especially for languages with less social power and prestige. It argues that teachers’ awareness of harmful language ideologies helps combat societal inequities that use language as a proxy for discrimination and subjugation. The chapter ends with suggestions for further reading and discussion questions for teachers and teacher educators.
Relationship maintenance scholars have long attempted to understand the processes by which partners foster relationship growth. They have done so by focusing on defining and explaining key maintenance strategies that serve to initiate and preserve romantic relationships. In this chapter, we provide a brief history of the relationship maintenance literature. Then we identify the key theoretical contributions to the current understanding of relationship maintenance and discuss recent theoretical developments and known correlates. We conclude the chapter by highlighting the need to diversify and expand the maintenance literature by identifying possible avenues for future inquiry and proposing ways to integrate work across disciplines.
Antimicrobial resistance (AMR) is among the most urgent global health challenges of our time. However, it is also a human rights and environmental crisis deeply entwined with climate change, biodiversity loss, and pollution. Historically, AMR was framed as a public health challenge, with little consideration given to its environmental factors and human rights implications. In this article, we examine AMR through the lens of the right to a healthy environment, exploring whether a normative human rights framework could open up new avenues to seek justice and accountability for the environmental drivers of AMR. Drawing on recent developments in international law, we suggest that this newly recognized right widens the narrative of AMR, drawing attention to the role of microbial environments in the global ecosystem and compelling more holistic responses that extend beyond public health interventions to address the underlying structural inequalities and environmental drivers of AMR.
Naturally occurring retirement communities (NORCs) are geographic areas that have come to house a high proportion (≥30%) of older residents. Implementing onsite social programming in NORCs, or other places where older adults are clustered, can support aging in place. As such it is important to be able to identify sites that could benefit. We describe a data and equity-driven process used to select NORC and social housing sites for a program aimed at empowering older adults and strengthening aging in place in Toronto, Canada. We (1) created a data-driven shortlist of buildings with population-level data, (2) prioritized equity by targeting buildings with high health needs and neighbourhood-level diversity, and (3) facilitated building and resident engagement to assess interest and suitability. This process offers a novel and replicable approach for selecting sites for enhanced, place-based programming that can inform site selection for other community-based programming for older adults across diverse contexts.
This article examines field experiences across archaeological sectors and demographics through the results of a survey aimed at understanding how the culture of toughness is manifest in archaeological fieldwork through the prevalence of discrimination and pressure to accept inappropriate behaviors and to push oneself physically, mentally, and emotionally. We selected these particular behaviors as they demonstrate ways in which archaeologists perceive expectations and how individuals prove they can endure, that they are tough enough. Our survey data demonstrate that women, noncisgendered, and entry-level archaeologists are the most vulnerable to negative experiences, that the pressure to push beyond one’s limits is universal, and that discrimination and harassment are factors increasingly considered by women as they decide whether to continue in the profession. We argue that many of these rules and social conditions are created and maintained inconspicuously through performative informality which is linked to the discipline’s culture of toughness. Through analysis of our quantitative survey results, we discuss how archaeology’s work culture shapes experiences in the industry and examine avenues for reform to promote equity in archaeology.
Feminist and gender-focused archaeology have advanced our field, but this research is marginalized rather than integrated into broader analyses of societies. To address this situation, I analyzed publication content and related equity issues. I reviewed major archaeology journals to see how participation in and citation of household archaeology changed from 1990 to 2019. Since 2000, interest in gender has held steady, with about half of household archaeology articles mentioning gender, women, or children. Gender is most prevalent in historical archaeology. Meanwhile, feminism is rarely mentioned. When women publish on household archaeology, their work is as highly cited as men’s. In terms of citation counts, neither men nor women are punished for focusing on gender. I hope these data encourage archaeologists to submit articles addressing gender to high-impact journals. To more fully integrate gender into our field, US-based archaeologists could address underrepresentation of women authors in journals, reluctance to engage with politics and activism, privileging of quantitative data, academic hiring, and strategic uses of different kinds of journals.
This Element argues for the benefits of integrating the perspectives of a new historiography of paleontology in the training of upcoming paleontologists and in the paleontological community's culture more broadly. Wrestling with the complex legacy of its past, the paleontological community is facing the need to reappreciate its history to address issues of accessibility and equity affecting the field, such as gender gap, parachute science, and specimen repatriation. The ability of the paleontological community to address these issues depends partly on the nature of its engagement with the past in which they find their source. This Element provides a conceptual toolkit to help with the interpretation of the unprecedented position in which the paleontological community finds itself regarding its past. It also introduces historiographical resources and provides some suggestions to foster collaboration between paleontology and the history of paleontology.
Despite the critical role academic medical institutions play in promoting equity and inclusion, these efforts are often undermined by fragmented and siloed evaluation approaches, a lack of theory-driven models, and inadequate data-driven methodologies. This commentary critically examines the factors contributing to the persistent challenges in implementing and advancing equity and inclusion initiatives in the United States (U.S.), focusing on academic medical institutions in particular. It underscores the need for theory-guided frameworks to better structure and evaluate such initiatives and highlights existing gaps in accountability and data-driven decision-making. Moreover, it argues for an integrated approach that combines multidisciplinary strategies, promoting collaboration across different sectors to develop more comprehensive and sustainable solutions. Ultimately, effective evaluation – grounded in data, theory, and diverse perspectives – is essential for promoting equity and inclusion and addressing disparities in U.S. academic medical institutions. By addressing these structural and evaluative shortcomings, institutions can move towards more impactful and equitable outcomes for underrepresented groups in STEM fields and the biomedical workforce more broadly.
The case of Ms. Sykes demonstrates some of the ethical challenges that arise in determining whether a patient should be eligible for an advanced therapy, specifically a ventricular assist device (VAD). Ms. Sykes was in advanced heart failure and denied the VAD by the eligibility committee. The denial was out of concern that she lacked the requisite social support at home, as she had told the team her husband was medically abusive and neglectful. While some members of the team did not believe her reports, others were concerned she was being "doubly victimized" by the husband and then by not receiving the only advanced therapy available to her. Ethics was called to assist the team based on this tension. The haunting aspects of the case are relayed by a clinical ethicist who was early in her career and a senior clinical ethicist who was acting as her mentor at the time. The fairness of the eligibility decision, as well as the appropriate role boundaries of clinical ethicists, are central to what they find haunting.
How much do we care when no one is looking? A patient with critical injury and vulnerable to bias—as an uninsured Person of Color experiencing homelessness and social isolation, with a history of mental illness and drug use— experiences barriers to receiving necessary treatment and standard care. When a patient is unable to ask for help, and has no family member or friend to help, what standard of care can they hope to receive? Can the quality of care provided to unrepresented patients represent a hospital’s culture of care? The writer wonders whether to “stay in my lane” and focus only on the ethical question prompting consultation, or if the principles of beneficence and nonmaleficence justify speaking up about substandard care. To mitigate the risk of acting as the “ethics police” by engaging in micromanagement of patient care, the writer describes efforts to expand ethics’ scope to change systemic and cultural attitudes by establishing preventative measures to identify and combat bias and preemptive judgments of futility.
The World Health Organization recognizes disability as part of being human. The fact that people with PICS are a part of a global disabled population at high risk of disparities due to disability itself is underrecognized.To better explore PICS as a subgroup within a larger disabled community, this chapter reviews international consensus on human rights and disability; the difference between equality and equity; the Biomedical and Social Models of Disability; application of the Social Model of Disability to the lived experiences of people with PICS; and practical strategies to make care more just and inclusive for people with PICS based on strategies that have been successful for other communities with disabilities.
Rights are at home in law-courts. In popular understanding, they seem like attributes attached to individuals who are found in isolation. When carefully examined, however, they can be characterised as aspects of relations in the sight of a tribunal (which may, of course, be conscience or public opinion or God). They have their being, it might be said, within a field of vision - the version of reality that the tribunal sees - in which a right apparently located in one person must have a dissimilar correlate located in another. If, when the information that counts as fact in, a court is in principle willing to do X for A against B, it cannot simultaneously have the same willingness to do X for B against A. On the account definitively worked out by Wesley Hohfeld, my claim must have its correlate in someone else’s duty, but even the simplest privilege (my right against the world to take a walk into the park) has correlates in ‘no-rights’ attaching to the indefinite range of other individuals who might take legal action with a view to stopping me.