Law, Ethics and Governance - Böcker

This volume, the second in a series of three, examines the institutional architecture underpinning the global climate integrity system. This system comprises an inter-related set of institutions, governance arrangements, regulations, norms and practices that aim to implement the United Nations Framework Convention on Climate Change (UNFCCC). Arguing that governance is a neutral term to describe the structures and processes that coordinate climate action, the book presents a continuum of governance values from ‘thick’ to ‘thin’ to determine the regime’s legitimacy and integrity. The collection contains four parts with part one exploring the links between governance and integrity, part two containing chapters which evaluate climate governance arrangements, part three exploring avenues for improving climate governance and part four reflecting on the road to the UNFCCC's Paris Agreement. The book provides new insights into understanding how systemic institutional and governance failures have occurred, how they could occur again in the same or different form and how these failures impact on the integrity of the UNFCCC. This work extends contemporary governance scholarship to explore the extent to which selected institutional case studies, thematic areas and policy approaches contribute to the overall integrity of the regime.

This book offers a critical analysis of the European colonial heritage in the Arab countries and highlights the way this legacy is still with us today, informing the current state of relations between Europe and the formerly colonized states.The work analyses the fraught relationship between the Western powers and the Arab countries that have been subject to their colonial rule. It does so by looking at this relationship from two vantage points. On the one hand is that of humanitarian intervention—a paradigm under which colonial rule coexisted alongside “humanitarian” policies pursued on the dual assumption that the colonized were “barbarous” peoples who wanted to be civilized and that the West could lay a claim of superiority over an inferior humanity. On the other hand is the Arab view, from which the humanitarian paradigm does not hold up, and which accordingly offers its own insights into the processes through which the Arab countries have sought to wrest themselves from colonial rule. In unpacking this analysis the book traces a history of international and colonial law, to this end also using the tools offered by the history of political thought.The book will be of interest to students, academics, and researchers working in legal history, international law, international relations, the history of political thought, and colonial studies.

In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain.This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient.Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.

With a diverse group of contributors from law, business and the social sciences, this book explores the line not only between order and disorder in global affairs, but also chaos and control, continuity and change, the core and the margins. The key themes include: global crises and the role of international law, norms and institutions; the challenge of pluralism to regulatory clarity; and critical assessments of taken-for-granted systems and values such as capitalism, centralised government, de-militarisation and the separation of powers. The book divides into two key parts. The first part, `Conceptions’, considers the diverse way in which order/disorder can be conceived in global governance and regulation. The second part, `Case Studies’, groups chapters around five topic areas: citizens, capitalism, conflict, crime and courts. The authors here build on the themes presented in the first part by embedding them within specific areas of international regulation, such as international criminal law, maritime law or finance regulation; jurisdictions and regions, such as Australia, Canada, China, Japan and South Asia; and subject-matter, such as water resources, citizenship, statelessness and public interest litigation. This blend of contemporary subject-matter, empirical studies, multi-disciplinary perspectives and academic theories provides a comprehensive analysis to current and emerging debates in the broader global community. In utilizing interdisciplinary studies to draw out common issues and alternative solutions, the book will appeal to a wide readership among academics and policy-makers.

Despite considerable work the answer to basic questions such as ‘what are our ethics and our moral norms now?’ ‘Have they changed since last year?’, ‘If so why?’ remain surprisingly illusive. This book argues that progress towards answering these questions is possible through a grounded analytical account of the cultivation of ethics and moral norms in social groups, in particular places and times.Departing from the evolutionary theory of why we gain value from pro-social behaviour, we argue that a coherent thread exists for how we do so through evolved social capacities that are united in the pursuit of a Positive Social Identity.Drawing on a unique quantitative dataset from Sierra Leone this book offers a theoretical framework and a preliminary guide to the systematic quantitative analysis of ethics and moral norms and how these may relate to the long term success of organisations. The results directly challenge a ‘one-size-fits-all’, universal understanding of both ethics and moral norms both within and between organisations. The costs and challenges influencing the development of ethics and moral norms and their ultimate conception of pro-sociality vary dramatically according to situation. Nowhere is this more starkly illustrated than between economically developed and developing countries.In analysing the relationship between agency and situation, the role of diversity, conflict, inefficiency and failure to cooperate prove to be essential components of the solution of social dilemmas on which Positive Social Identity depends.

This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact on where and how the integrity system works, where it fails, and how it can be improved. With a wide array of perspectives across many disciplines, including ethicists, philosophers, lawyers, governance experts and political theorists, the chapters seek to explore the positive values driving the global climate change processes, to offer an understanding of the motivations justifying the creation of the regime and the way that social norms impact upon the operation of the integrity system. The collection focuses on the nexus between ideal ethics and real-world implementation through institutions and laws. The book will be of interest to policy makers, climate change experts, carbon taxation regulators, academics, legal practitioners and researchers.

This book analyses the abuse of idealism with particular reference to China's Cultural Revolution. The work examines abuse at two levels: the state leaders' metaphysical vision as the interpretation of idealism at the top with state power; and the psychological state of the masses at the bottom of society. The concept of abuse itself is discussed with the author arguing that idealism is often used to justify abuse while many are all too willing to accept this as idealism itself. On the other hand, many dismiss the idealist vision because of the horrible consequences of the abuse. For these reasons, the book holds that abuse of idealism should not be confused with the original intent of idealism. It is further argued that the masses often complement dictatorship due to a basic weakness of human nature. Finally, the book proposes that the concepts of human dignity and equal access to truth are prerequisites for the effective rule of law within China.

This book contains assessment of the progress, or the lack of it, in implementing the UN Sustainable Development Goals (SDGs). Through review of the assessments and of case studies, readers can draw lessons from the actions that could work to positively address the goals. The 2030 Agenda for Sustainable Development is designed to catalyze action in critical areas of importance to humanity and the planet. The effort to implement the SDGs, however, demands a sense of urgency in the face of environmental degradation, climate change, emerging conflicts, and growing inequality, among a number of other socio-economic problems. Five years after the launch of the 2030 Agenda, this book takes stock of how far the world has come and how we can position ourselves to achieve the global targets. The book is one of the first to assess how the implementation is impeded by the onset of COVID-19. It contains a special chapter on COVID-19 and the SDGs, while many thematic chapters on different SDGs also assess how COVID-19 adversely affects implementation, and what measures could be taken to minimize the adverse effects. This publication thus provides a fresh look at implementation of the SDGs highlighting impactful and creative actions that go beyond the business-as-usual development efforts. The volume reinforces this analysis with expert recommendations on how to support implementation efforts and achieve the SDGs through international and national strategies and the involvement of both the public and private sectors. The result is an indispensable textual tool for policy makers, academia, intergovernmental organizations (IGOs) and non-governmental organizations (NGOs), as well as the public, as we march toward the 2030 deadline.

This book contains assessment of the progress, or the lack of it, in implementing the UN Sustainable Development Goals (SDGs). Through review of the assessments and of case studies, readers can draw lessons from the actions that could work to positively address the goals. The 2030 Agenda for Sustainable Development is designed to catalyze action in critical areas of importance to humanity and the planet. The effort to implement the SDGs, however, demands a sense of urgency in the face of environmental degradation, climate change, emerging conflicts, and growing inequality, among a number of other socio-economic problems. Five years after the launch of the 2030 Agenda, this book takes stock of how far the world has come and how we can position ourselves to achieve the global targets. The book is one of the first to assess how the implementation is impeded by the onset of COVID-19. It contains a special chapter on COVID-19 and the SDGs, while many thematic chapters on different SDGs also assess how COVID-19 adversely affects implementation, and what measures could be taken to minimize the adverse effects. This publication thus provides a fresh look at implementation of the SDGs highlighting impactful and creative actions that go beyond the business-as-usual development efforts. The volume reinforces this analysis with expert recommendations on how to support implementation efforts and achieve the SDGs through international and national strategies and the involvement of both the public and private sectors. The result is an indispensable textual tool for policy makers, academia, intergovernmental organizations (IGOs) and non-governmental organizations (NGOs), as well as the public, as we march toward the 2030 deadline.

This book offers a critical analysis of the European colonial heritage in the Arab countries and highlights the way this legacy is still with us today, informing the current state of relations between Europe and the formerly colonized states.The work analyses the fraught relationship between the Western powers and the Arab countries that have been subject to their colonial rule. It does so by looking at this relationship from two vantage points. On the one hand is that of humanitarian intervention—a paradigm under which colonial rule coexisted alongside “humanitarian” policies pursued on the dual assumption that the colonized were “barbarous” peoples who wanted to be civilized and that the West could lay a claim of superiority over an inferior humanity. On the other hand is the Arab view, from which the humanitarian paradigm does not hold up, and which accordingly offers its own insights into the processes through which the Arab countries have sought to wrest themselves from colonial rule. In unpacking this analysis the book traces a history of international and colonial law, to this end also using the tools offered by the history of political thought.The book will be of interest to students, academics, and researchers working in legal history, international law, international relations, the history of political thought, and colonial studies.

In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain.This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient.Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.

Many governments across the world have responded to the need for greater efficiency in the delivery of government services by the reorganization of these bureaucracies along the lines of for-profit business corporations. In doing so, governments have relied on the capacity for governance practices to overcome the weaker incentives created by the attenuated 'property rights' that are created in public enterprise.

What are the right institutional settings and strategies for ensuring honesty and accountability in public life? How do these settings and strategies relate to one another, and how do we know what is working and what is missing from the whole complex tapestry? Taking Australia as a case study that is relevant to all countries where public integrity is an issue, this book offers some new answers to these larger questions. The collection reviews a variety of existing efforts to understand, 'map' and evaluate the effectiveness of integrity policies and institutions, not just in the government sector but across all the major institutions of modern society. It will be of interest to those in governance, politics, law and public policy.

Politically, Islam in Indonesia is part of a rich multi-cultural mix. Religious tolerance is seen as the cornerstone of relations between different faiths - and moderation is built into the country's constitutional framework. However, the advent of democracy coupled with the impact of the South-East Asian economic collapse in 1997, and the arrival of a tough new breed of Middle Eastern Islamic preachers, sowed the seeds of the current challenge to Indonesia's traditionally moderate form of Islam. This volume explores the extent to which moderate Indonesian Islam is able to assimilate leading concepts from Western political theory. The essays in the collection explore how concepts from Western political theory are compatible with a liberal interpretation of Islamic universals and how such universals can form the basis for a contemporary approach to the protection of human rights and the articulation of a modern Islamic civil society.

This book analyses the abuse of idealism with particular reference to China's Cultural Revolution. The work examines abuse at two levels: the state leaders' metaphysical vision as the interpretation of idealism at the top with state power; and the psychological state of the masses at the bottom of society. The concept of abuse itself is discussed with the author arguing that idealism is often used to justify abuse while many are all too willing to accept this as idealism itself. On the other hand, many dismiss the idealist vision because of the horrible consequences of the abuse. For these reasons, the book holds that abuse of idealism should not be confused with the original intent of idealism. It is further argued that the masses often complement dictatorship due to a basic weakness of human nature. Finally, the book proposes that the concepts of human dignity and equal access to truth are prerequisites for the effective rule of law within China.

Responding to the public concern caused by recent hospital scandals and accounts of unintended harm to patients, this author draws on her experience of analysing the health care systems of over a dozen countries and examines whether greater regulation has increased patient safety and health care quality. The book adopts a new approach to mapping developments in health care systems in Europe, North America and Australia and pieces together evidence of which regulatory strategies and mechanisms work well to ensure safer patient care. It identifies the regulatory bodies, the regulatory principles and the implementation strategies adopted to improve governance in health care systems and suggests a conceptual framework for responsive regulation. The book will be of interest to government actors, health care professionals and medico-legal scholars.

International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.

International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.

This volume, the second in a series of three, examines the institutional architecture underpinning the global climate integrity system. This system comprises an inter-related set of institutions, governance arrangements, regulations, norms and practices that aim to implement the United Nations Framework Convention on Climate Change (UNFCCC). Arguing that governance is a neutral term to describe the structures and processes that coordinate climate action, the book presents a continuum of governance values from ‘thick’ to ‘thin’ to determine the regime’s legitimacy and integrity. The collection contains four parts with part one exploring the links between governance and integrity, part two containing chapters which evaluate climate governance arrangements, part three exploring avenues for improving climate governance and part four reflecting on the road to the UNFCCC's Paris Agreement. The book provides new insights into understanding how systemic institutional and governance failures have occurred, how they could occur again in the same or different form and how these failures impact on the integrity of the UNFCCC. This work extends contemporary governance scholarship to explore the extent to which selected institutional case studies, thematic areas and policy approaches contribute to the overall integrity of the regime.

Responding to the public concern caused by recent hospital scandals and accounts of unintended harm to patients, this author draws on her experience of analysing the health care systems of over a dozen countries and examines whether greater regulation has increased patient safety and health care quality. The book adopts a new approach to mapping developments in health care systems in Europe, North America and Australia and pieces together evidence of which regulatory strategies and mechanisms work well to ensure safer patient care. It identifies the regulatory bodies, the regulatory principles and the implementation strategies adopted to improve governance in health care systems and suggests a conceptual framework for responsive regulation. The book will be of interest to government actors, health care professionals and medico-legal scholars.

Politically, Islam in Indonesia is part of a rich multi-cultural mix. Religious tolerance is seen as the cornerstone of relations between different faiths - and moderation is built into the country's constitutional framework. However, the advent of democracy coupled with the impact of the South-East Asian economic collapse in 1997, and the arrival of a tough new breed of Middle Eastern Islamic preachers, sowed the seeds of the current challenge to Indonesia's traditionally moderate form of Islam. This volume explores the extent to which moderate Indonesian Islam is able to assimilate leading concepts from Western political theory. The essays in the collection explore how concepts from Western political theory are compatible with a liberal interpretation of Islamic universals and how such universals can form the basis for a contemporary approach to the protection of human rights and the articulation of a modern Islamic civil society.

What are the right institutional settings and strategies for ensuring honesty and accountability in public life? How do these settings and strategies relate to one another, and how do we know what is working and what is missing from the whole complex tapestry? Taking Australia as a case study that is relevant to all countries where public integrity is an issue, this book offers some new answers to these larger questions. The collection reviews a variety of existing efforts to understand, 'map' and evaluate the effectiveness of integrity policies and institutions, not just in the government sector but across all the major institutions of modern society. It will be of interest to those in governance, politics, law and public policy.

Many governments across the world have responded to the need for greater efficiency in the delivery of government services by the reorganization of these bureaucracies along the lines of for-profit business corporations. In doing so, governments have relied on the capacity for governance practices to overcome the weaker incentives created by the attenuated 'property rights' that are created in public enterprise.

This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact on where and how the integrity system works, where it fails, and how it can be improved. With a wide array of perspectives across many disciplines, including ethicists, philosophers, lawyers, governance experts and political theorists, the chapters seek to explore the positive values driving the global climate change processes, to offer an understanding of the motivations justifying the creation of the regime and the way that social norms impact upon the operation of the integrity system. The collection focuses on the nexus between ideal ethics and real-world implementation through institutions and laws. The book will be of interest to policy makers, climate change experts, carbon taxation regulators, academics, legal practitioners and researchers.

Despite considerable work the answer to basic questions such as ‘what are our ethics and our moral norms now?’ ‘Have they changed since last year?’, ‘If so why?’ remain surprisingly illusive. This book argues that progress towards answering these questions is possible through a grounded analytical account of the cultivation of ethics and moral norms in social groups, in particular places and times.Departing from the evolutionary theory of why we gain value from pro-social behaviour, we argue that a coherent thread exists for how we do so through evolved social capacities that are united in the pursuit of a Positive Social Identity.Drawing on a unique quantitative dataset from Sierra Leone this book offers a theoretical framework and a preliminary guide to the systematic quantitative analysis of ethics and moral norms and how these may relate to the long term success of organisations. The results directly challenge a ‘one-size-fits-all’, universal understanding of both ethics and moral norms both within and between organisations. The costs and challenges influencing the development of ethics and moral norms and their ultimate conception of pro-sociality vary dramatically according to situation. Nowhere is this more starkly illustrated than between economically developed and developing countries.In analysing the relationship between agency and situation, the role of diversity, conflict, inefficiency and failure to cooperate prove to be essential components of the solution of social dilemmas on which Positive Social Identity depends.