Case Studies in Adaptation and Transformation of Ecosystems, Legal Systems, and Governance Systems

2018 ◽  
pp. 19-31
Author(s):  
Lance Gunderson ◽  
Barbara Cosens
Keyword(s):  
Case Studies ◽  
Legal Systems ◽  
Governance Systems

Linking Traditional ‘Organic’ and ‘Induced’ Public Participation with Deliberative Democracy: Experiments in Pune, India

2019 ◽  
Vol 13 (2) ◽  
pp. 193-214
Author(s):  
Sanskriti Menon ◽  
Janette Hartz-Karp
Keyword(s):  
Decision Making ◽  
Developing Countries ◽  
Public Participation ◽  
Case Studies ◽  
Deliberative Democracy ◽  
Wicked Problems ◽  
Collaborative Dialogue ◽  
Governance Systems ◽  
Sustainability Challenges ◽  
Indian Cities

Resolving urban challenges or ‘wicked problems’ is a dilemma for most governments, especially in developing countries, and India is a case in point. Collaborative, dialogue-based approaches have been posited as critical to addressing wicked problems. This would require a reform of Indian cities’ governance systems to enable citizens to be embedded in decision-making about complex issues. This article contends that while India’s traditional forms of civic participation can provide a strong foundation for reform, new forms of representative deliberative, influential public participation, that is, deliberative democracy, will be important. Traditional organic and induced participation examples in India are overviewed in terms of their strengths and gaps. Two deliberative democracy case studies in Pune, India, are described, and their potential for reform is assessed. Traditional, together with innovative, induced and organic participation in governance, will be needed to overcome significant pitfalls in governance if Indian cities are to become more capable of addressing urban sustainability challenges.

Between Criminalization and Protection

2019 ◽  
Vol 2 (1-2) ◽  
pp. 1-82
Author(s):  
Vincenzo Militello ◽  
Alessandro Spena
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Case Studies ◽  
Legal Systems ◽  
Criminal Organizations ◽  
Legal Perspective ◽  
Migrant Smuggling ◽  
Media Reports ◽  
Oriented Approach

AbstractThis double issue is focused on migrant smuggling and human trafficking. Both subjects are mainly treated from an Italian perspective; however, since these crimes have a generally transnational character, the analysis also takes international (UN) and supranational (EU) measures into account. Moreover, in both parts, the legal perspective is supplemented by the phenomenological/criminological one (based on both media reports and judicial case-studies), so as to grasp the practical aspects emerging from the different ways in which migrant smuggling and human trafficking are de facto committed: in particular, the links between these two and other crimes are underscored, as well as the involvement of criminal organizations in their perpetration. Finally, both parts are driven by a human rights-oriented approach, which gives relevance to dignity of persons as a fundamental meta-value of our legal systems.

The Emerging Practice of Global Environmental Law

2012 ◽  
Vol 1 (1) ◽  
pp. 53-65 ◽  
Author(s):  
Tseming Yang
Keyword(s):  
Environmental Law ◽  
The United States ◽  
General Counsel ◽  
Legal Systems ◽  
Human Environment ◽  
Legal Norms ◽  
Governance Systems ◽  
Global Environmental ◽  
Stockholm Conference ◽  
National Environmental

AbstractSince the 1972 Stockholm Conference on the Human Environment, ecological pressures on our planet have grown more acute. Yet, modern environmental law has also continued to evolve and spread within international as well as among national legal systems. With the paths of international and national environmental law becoming increasingly intertwined over the years, international environmental legal norms and principles are now penetrating deeper into national legal systems, and environmental treaties are increasingly incorporating or referencing national legal norms and practices. The shifting legal landscape is also changing contemporary environmental law practice, creating greater needs for domestic environmental lawyers to be informed by international law and vice versa. This essay describes how domestic environmental law practice is increasingly informed by international legal norms, while the effective practice of international environmental law more and more requires enhanced awareness, and even understanding, of national environmental regulatory and governance systems. It illustrates these trends with the historical role and work of the United States Environmental Protection Agency’s Office of General Counsel.

scholarly journals Fording the Severn : the influence of intermarriage and judicial participation on Welsh identity and self-identification in Shropshire and the Central March of Wales in the twelfth and thirteenth centuries

2018 ◽  
Author(s):  
◽  
Alexis Miller
Keyword(s):  
Case Studies ◽  
Legal System ◽  
Sharp Contrast ◽  
Border Zone ◽  
Court System ◽  
Legal Systems ◽  
English Court ◽  
Depth Analysis ◽  
Primary Documents ◽  
Multicultural Communities

A study of how intermarriage and the creation of multicultural communities helped to determine the way in which people used their identity along the often-fractious border zone of the Welsh March in the twelfth and thirteenth centuries. This identity can be seen through the ways in which the border inhabitants used concurrent English and Welsh legal systems to their own advantage. This manipulation of the legal system and the fluidity of self-identification stands out in sharp contrast with the view of many historians that the English and Welsh populations lived in self-contained parallel communities according to vastly differing customs and habits. In-depth analysis of primary documents support the assertion that English and Welsh people lived in the same communities and often interacted in legal matters, both as partners and as opponents. Both populations were willing to use the English court system when it was available, but, these individuals were also willing to assert their rights to the legal jurisdiction of English or Welsh law based on which ever would be the most beneficial to their case. These case studies demonstrate the adaptations made to Welsh law and the ways in which Welsh peoples used their legal identity to their own advantage.

Introduction

2018 ◽  
Author(s):  
Jud Mathews
Keyword(s):  
United States ◽  
Case Studies ◽  
Basic Structure ◽  
The United States ◽  
Legal Systems ◽  
The Subject

This chapter introduces readers to the horizontal effect of rights and why it matters. It explains how horizontal effect doctrines define some of the key commitments of the legal systems that produce them. The chapter also introduces the three legal systems that are the subject of the book, Germany, the United States, and Canada, and lays out the basic structure of the case studies. For each, the focus is on three things in particular: a court’s initial moves to apply rights horizontally, the doctrinal structures the court devises to manage the horizontal effect of rights, and the broader consequences these choices have on governance, in interaction with the moves made by other actors and institutions. Applying rights horizontally has the potential to empower courts, but a mix of variables shape the consequences of any such move. The chapter previews the patterns that the case studies reveal.

scholarly journals Analysis of national and local governance systems to achieve the sustainable development goals: case studies of Japan and Indonesia

2019 ◽  
Vol 15 (1) ◽  
pp. 179-202 ◽  
Author(s):  
Kanako Morita ◽  
Mahesti Okitasari ◽  
Hiromi Masuda
Keyword(s):  
Sustainable Development ◽  
Case Studies ◽  
Sustainable Development Goals ◽  
Local Governance ◽  
Legal Framework ◽  
Strategy Development ◽  
Governance System ◽  
The Sustainable Development ◽  
Governance Systems ◽  
Development Goals

Abstract To achieve the sustainable development goals (SDGs), all countries’ efforts are essential, and each country needs to recognize their level of achievement in terms of the SDGs, identify the goals and targets that require more effort, and build more effective and well-performed governance systems to accelerate their efforts toward achieving the SDGs. This study identifies different governance system structures for achieving the SDGs and the challenges they face in improving their performance using a new matrix tool to evaluate governance systems for the SDGs. We use Japan and Indonesia as case studies to provide perspectives from countries at different levels of economic development. The results show that the governance systems for the SDGs are structurally and functionally different in the two countries, which face different challenges. Japan has relatively well-structured “vision and objective setting”, “research and assessment”, and “strategy development”, but faces challenges in relation to “implementation” and “monitoring, evaluation, and review”, while Indonesia has relatively well-structured “research and assessment”, “strategy development”, and “monitoring, evaluation, and review.” However, Indonesia faces challenges in relation to “vision and objective setting” and “implementation.” We found that the differences in the governance systems for the SDGs have arisen in relation to three key elements: differences in the development of governance systems for the SDGs, differences in the lead ministries, and the existence or otherwise of a supportive legal framework. We argue that the proposed matrix tool is useful in identifying the structure of governance systems for the SDGs and the challenges that must be overcome to improve the performance of these systems. However, some analytical limitations must be overcome before the tool can be applied to other countries.

The Siyar — An Islamic Law Of Nations?

2007 ◽  
Vol 35 (1) ◽  
pp. 19-46 ◽  
Author(s):  
Anke Iman Bouzenita
Keyword(s):  
Case Studies ◽  
Islamic Law ◽  
Legal Order ◽  
Legal Systems ◽  
Western Literature ◽  
Law Of Nations ◽  
Legal Concepts ◽  
Methodological Aspects

AbstractThis article deals with an essential part of Islamic law usually referred to as siyar. It discusses the development of siyar in an Islamic context and in comparison to the development of the modern law of nations. It further follows up the evaluation of siyar in the Western literature and analyses recurring paradigms of categorisation used in this literature. The author discusses Kruse's (1979) approach to differentiate between an "Islamic" and a "Muslim" law of nations. As case studies of argumentative weaknesses and loopholes, the author scrutinizes the attempts to attribute siyar to a particular type of law of nations and to render it as a legal order of either personal or territorial validity. The article focuses on methodological aspects involved in presenting two independent legal systems as commensurable. The author concludes that a terminological transfer, be it with the intention of explaining Islamic legal concepts to a non-specialized reader, be it with the intention to reconcile between both systems, cannot do justice to either one of the legal systems.

Corporate Sustainability: Challenge to Managerial Orthodoxies

2003 ◽  
Vol 9 (1) ◽  
pp. 2-11 ◽  
Author(s):  
Dexter Dunphy
Keyword(s):  
Case Studies ◽  
Corporate Sustainability ◽  
Central Place ◽  
Marked Contrast ◽  
Sustainability Management

ABSTRACTThis paper addresses the issue of corporate sustainability. It examines why achieving sustainability is becoming an increasingly vital issue for society and organisations, defines sustainability and then outlines a set of phases through which organisations can move to achieve increasing levels of sustainability. Case studies are presented of organisations at various phases indicating the benefits, for the organisation and its stakeholders, which can be made at each phase. Finally the paper argues that there is a marked contrast between the two competing philosophies of neo-conservatism (economic rationalism) and the emerging philosophy of sustainability. Management schools have been strongly influenced by economic rationalism, which underpins the traditional orthodoxies presented in such schools. Sustainability represents an urgent challenge for management schools to rethink these traditional orthodoxies and give sustainability a central place in the curriculum.

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