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Chapter 4 situates the beginnings of extroverted financialisation at the time when US banks started to dominate the Eurodollar markets from the 1960s onwards. The Euromarkets are an important turning point for financialisation, but their impacts on European finance are rarely examined. During this time, however, German banks had their first contact with new US innovations, which fundamentally links the German post-WWII political economy with global offshore markets, significantly before the 1990s, when many accounts date the impact of financial globalisation. Identifying a gap of international funding for its developing export sector, this chapter shows that the making of the German coordinated market economy was already bound up with global financial markets. Tracing the financial innovations of German banks, this chapter argues that the transformative impact of US finance is not market expansion or regulatory evasion by going offshore per se. Instead, financialisation has posed distinct imperatives in relation to the rise of liability management that induced a qualitative change. Liability management fundamentally differs from the German banks’ original international strategies, which drove the banks' turn to the Eurodollar markets in order to meet the US challenge.
Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade
In 2019, the CED adopted the Guiding Principles on the Search for Disappeared Persons (CED/C/7). This chapter describes the reasons that led to the discussion and adopt this document including the role of so called “Urgent Actions” the Committee had received as well as the dialogues held with states. Both showed, in the vast majority of cases, a serious failure of state authorities to comply with their obligation to search, reflected in deficient norms, inadequate institutions, lack of strategy to search and lack of cooperation with the victims. During three years the Committee collected opinions and proposals from victims organizations, NGOs, States, NHRIs, UN bodies, the ICRC and academics. The final document has been widely disseminated and so far translated into three languages beyond the six official UN languages.
The second part of the chapter looks into the impact and influence the Principles have had so far in different countries and with different stakeholders explaining how quickly the Principles were adopted not only by civil society but also by different state institutions, including legislation and court judgments.
Most research on education governance begin with the premise that school boards are the natural default and that locally elected school boards must be defended. This chapter demonstrates why this assumption is wrong. I show that: (1) most voters don’t have school-aged kids and thus lack sufficient “skin in the game” to prioritize academic achievement; (2) voters don’t hold school board members accountable for student learning; and (3) local school board elections are uncompetitive, with nearly 80 percent of the turnover driven by incumbent retirements rather than Election Day defeats. Several case studies, focused on school districts in San Francisco (California) and Easta Ramapo (New York) illustrate why broken elections have negative impacts on education quality. At best, school board elections are extremely low-turnout affairs, in which a small and highly unrepresentative group of adults impose their parochial, self-interested, and often uninformed views on the rest of the community. At its worst, school district governance devolves into an absolute clown show, where performative politics takes precedence over serious policy meant to serve the academic interests of students.
This chapter explores how the postcolonial predicament bequeathed by the British Empire challenges us to rethink conceptions of ‘postmodernism’ and ‘Britishness’. The specifically Anglo-American sense of the close connection between postmodernism and postcolonial studies is established via the identification of ‘grand narrative’ with the ‘civilising mission’, but this equation is problematised through a reading of Ian McEwan’s novel Saturday (2005) and a review of the changing history of British imperial ideology. A different approach to the interplay of fictive and historical narrative is identified in Ngugi we Thiong’o’s A Grain of Wheat (1967), a novel that locates characteristic postmodern concerns within the late colonial violence of the Kenyan Emergency. The novel is shown to anticipate a contemporary cultural moment in which postmodernism’s choreography of certainty and uncertainty proves increasingly ill-suited.
Policy stability and politicization are not dichotomous. Rather, both disruption of the carbon lock-in status quo and the generation of policy stability around transformation toward decarbonization are inherently political. The desired relationship between policy stability and politicization changes depending on the structural and institutional conditions in place that reinforce carbon lock-in or catalyze and scale decarbonization. In this chapter, we elaborate on the relationship between stability and politicization and discuss how these dynamics are captured by a phenomenon we call the carbon trap. We conclude with the suggestion that the concept and politics of just transition offer ways to understand and pursue desirable politicized disruption of carbon lock-in and to catalyze stable policies and systems around decarbonization.
This chapter argues that in the Late Antique notion of “the people,” a normative aspect is present: the people is not just a social designation, but also acquires a constitutional sense if a group of individuals puts itself in a relationship of justice with the emperor (or, for that matter, a bishop). Indeed, the notion of emperor and people are coconstitutive: the one cannot exist without the other. This helps us to understand the political role the people played in Late Antique society, in the absence of institutions such as voting assemblies through which it could express itself. Seen through this lens, riots are occasions when it was questioned if the ruler truly was just. If the relationship could not be mended, the people could favor someone else as ruler. Thus, although there were numerous riots in Late Antiquity, they never questioned the social system but only sought to establish a personal interaction that could ensure justice.
The chapter explores the regulation of professional tennis as a sub-species of transnational law and as part of the lex sportiva. It goes on to show how this transnational character plays out in disputes arising from regulatory matters and then moves on to ascertain the relationship among the three key tennis actors, namely the ITF, WTA and ATP. The chapter next explores the relationship between professional tennis and domestic law, including governance of the sport globally, as well as the relationship between national tennis federations and the ITF, and the latter’s relationship with the International Olympic Committee. The chapter further delves into the labor status of professional tennis players, as well as the relevance of international law in professional tennis, including the sport’s status in the Olympic Movement, as well as the human rights standard-setting role of transnational tennis entities.
This chapter aims to provide conceptual clarity on animals’ current legal status by addressing the long-debated question of whether they can have legal rights. By taking a legal positivist approach to legal rights, I suggest that there are no conceptual barriers to animal legal rights – whether we draw on the interest or the will theory of rights. Furthermore, by considering an example of animal welfare legislation that recognises the ‘intrinsic value’ of animals, we see evidence that certain animals already have legal rights. Nevertheless, even the strongest animal welfare laws are replete with exemptions that protect the interests of human individuals and industries that subject animals to poor levels of welfare or outright cruelty. As such, the legal rights that animals do have are weak. Finally, the chapter addresses three counters to the claim that animals have legal rights: welfare, enforcement, and personhood objections. With none of these objections posing a fatal challenge to animals’ legal rights, we can move on to the next chapter to consider what, precisely, is in the way of animals’ greater legal inclusion if not their rightlessness per se.
The first instalment of Zola’s novel Vérité appeared on 10 September 1902, just nineteen days before the author died under suspicious circumstances that were likely related to his involvement in the Dreyfus Affair. The novel provided an allegorical transposition of the contemporary political drama that had divided the nation, but which, as yet, had been denied its proper dénouement. This chapter explores how Zola imagined the right and just resolution of the legal case, as well as of the national crisis it galvanised. Working across Zola’s journalistic and fictional versions of the Affair, it argues that Zola understood the Dreyfus case as an aesthetic problem: as a matter of style, taste, plot, and plausibility. In order for the truth to win out, Zola must imagine the aesthetic and ethical re-education of a nation; and this happy ending involves harnessing an acceptable version of the idealist imagination.
Norway is an active player in international climate politics, with strong consensus on the issue underpinned by cross-party Climate Settlements. Despite this, Norway has only marginally reduced its domestic greenhouse gas emissions. Moreover, attempts to establish a new Climate Settlement in 2021 failed. Does this failure constitute a break with Norway’s consensual climate tradition, and is this good or bad news for climate policy? In this chapter, we investigate whether and to what extent the consensus characterizing the 2000s and 2010s contributed to climate policy development or stasis. Focusing on two key sectors – petroleum and transport – we find that key Norwegian climate policies have developed through a dynamic tension of depoliticization and repoliticization over time, with mixed effects. We identify reasons for depoliticization and repoliticization and argue that it is useful to embrace agnosticism in the debate over politicization versus policy stability, instead exploring this on an empirical and contextual basis. Moreover, we uncover a dynamic of politicization in one policy area affecting policy development in another, arguing that such spillover effects warrant analytical attention.
This chapter traces a series of stark, occasionally stunning historical reversals by the Supreme Court in interpreting the Free Speech Clause. It highlights doctrines under which the Court treats almost all content-based regulation of speech as constitutionally suspect. That position, which draws little support from research into original constitutional understandings, reflects a commitment – increasingly embraced by conservative justices of a libertarian stripe – to the principle that the Free Speech Clause bars the government from censoring speech based on fears that the speech might prove persuasive to its audience. The resulting doctrine, which makes the United States an outlier among liberal democracies, provides robust protection for a good deal of “hate speech,” some outright lies, commercial advertising, and corporate expenditures to promote political candidates. This chapter also discusses cases that have held that the Free Speech Clause protects a right to “freedom of association” that lacks any clear textual basis. It concludes by considering cases involving speech rights in “managerial domains” in which the government performs functions, such as providing public education, that it could not perform successfully without engaging in content-based regulation of speech.
Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade