scholarly journals Living in Harmony with Nature? A Critical Appraisal of the Rights of Mother Earth in Bolivia

2018 ◽  
Vol 7 (3) ◽  
pp. 397-424 ◽  
Author(s):  
Paola Villavicencio Calzadilla ◽  
Louis J. Kotzé
Keyword(s):  
Public Discourse ◽  
Critical Appraisal ◽  
Environmental Law ◽  
Practical Implementation ◽  
Legal Regime ◽  
The Third ◽  
Theoretical Significance ◽  
Rights Of Nature ◽  
Mother Earth ◽  
Do So

AbstractJuridical protection of the rights of nature is steadily emerging in several legal systems and in public discourse. Building on a recent publication in Transnational Environmental Law in which we interrogated Ecuador’s constitutional experiment with the rights of nature, we critically reflect in this contribution on Bolivia’s legal regime providing for the rights of Mother Earth. We do so, first, by sketching the juridical-political context within which these statutes were drafted and adopted, and then by analyzing the relevant constitutional provisions that provide the basis for the laws of Mother Earth. The third part forms the bulk of the discussion and details the background and the most relevant provisions of Bolivian statutes with a view to enabling a deeper critique in Part 4, in which we critically evaluate both the symbolic and the theoretical significance of the statutes as well as concerns related to their practical implementation. Insofar as the rights of nature paradigm has now become a truly global debate and a consideration in transnational comparative legal borrowing practices, our analysis aims to reveal the Bolivian experience, which could be instructive for civil society groups, academics, politicians and legislatures in a transnational setting.

scholarly journals A Critical Appraisal of Dismissals at the Behest of a Third Party: The Impact of the Constitutional Labour Rights

Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 105-125
Author(s):  
Tumo Charles Maloka
Keyword(s):  
Social Justice ◽  
Critical Appraisal ◽  
Third Party ◽  
Disciplinary Power ◽  
Security Services ◽  
The Third ◽  
Statutory Protection ◽  
The Third Party ◽  
The Impact ◽  
Do So

The pivotal judgments on dismissals at the behest of a third party – East Rand Proprietary Mines Ltd v UPUSA, Lebowa Platinum Mines v Hill, NUMSA v Hendor Mining Supplies a Division of Marschalk Beleggings (Pty) Ltd, TSI Holdings (Pty) Ltd v NUMSA, NUPSAW obo Mani v National Lotteries Board and NUMSA v High Goal Investments t/a Chuma Security Services – deeply implicate discrimination in all its manifestations, accountability, gendered precariousness and social justice. This contribution explores the focal questions raised in recent times concerning the fairness of a dismissal at the instance of a third party. First, there are fundamental points relating to the constitutional and statutory protection of security of employment. Secondly, there are those familiar problems often associated with substantive and procedural fairness that surface here under the guise of questioning the disciplinary power of the employer. In this context, inroads into managerial prerogative and disciplinary procedure are amplified where there has been no fault on the part of the employee and no breakdown of the trust relationship, or where the employee has been disciplined, but not dismissed and the employer did not want to terminate the employee’s employment but was coerced by the third party to do so. Thirdly, there is the thorny issue of the reason behind the third-party demand and the related issue of intolerability caused by the targeted employee. And finally, there is the issue of striking in support of a demand for dismissal of a co-employee.

Access to EU Documents: An End at Last to the Authorship Rule?

2007 ◽  
Vol 4 (6) ◽  
pp. 440-448
Author(s):  
Moritz von Unger
Keyword(s):  
Environmental Law ◽  
Blind Spot ◽  
Public Access ◽  
Legal Regime ◽  
The Public ◽  
European Court ◽  
Aarhus Convention ◽  
Recent Developments ◽  
First Time ◽  
Do So

AbstractThe key legal text governing public access to EU documents is Regulation 1049/2001. In contrast to the previous legal regime, the Regulation dismisses the so called authorship rule, which aligns it with recent developments in the field of the law of transparency and, notably, of international environmental law (Aarhus Convention). The European institutions are hence tasked with making all documents accessible to the public, which include both those originating with them and those from third parties. Yet unlike the Aarhus Convention, the Regulation has a blind spot, which leads to the important question of whether a Member State can simply order the institutions to withhold any of its documents whenever it chooses to do so. For the first time, the European Court of Justice is being asked to hand down a judgment on this question. The author suggests that the Court may wish to consider an interpretation of Regulation 1049/2001 that adjusts it further to the international standard as set by the Aarhus Convention.

Part II Analytical Approaches, Ch.14 Earth Jurisprudence

2021 ◽  
Author(s):  
Cullinan Cormac
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Philosophical Approach ◽  
The Earth ◽  
Governance Systems ◽  
Rights Of Nature ◽  
Healthy Functioning ◽  
Mother Earth ◽  
Analytical Approaches

This chapter assesses Earth jurisprudence, which is a philosophical approach to legal and governance systems at every level, rather than a theory of international environmental law. It refers to philosophies of law and governance which seek to guide humans to behave in ways that contribute to the integrity, healthy functioning, beauty, and ongoing evolution of the community of life known as ‘Earth’. This approach seeks to promote the flourishing of the Earth community and a ‘mutually enhancing human-Earth relationship’, rather than its subjugation and exploitation by humankind. The chapter explains the worldview that informs Earth jurisprudence, before looking at the essential concepts and principles that make this approach so distinctive. It then tracks the emergence of Earth jurisprudence and the rights of Nature/Mother Earth within the international sphere, and evaluates how this approach may affect the development of international law.

THE NATURE OF LEGAL RESTRICTIONS IN ENVIRONMENTAL LAW

2019 ◽  
pp. 142-150
Author(s):  
Galyna Moroz
Keyword(s):  
Environmental Law ◽  
Functional Results ◽  
Environmental Safety ◽  
Educational Process ◽  
Practical Significance ◽  
Practical Implementation ◽  
The Status ◽  
Environmental Requirements ◽  
Content System ◽  
Legal Restrictions

Purpose. The article is aimed at analyzing the general theoretical principles and the essential characteristics of legal restrictions in environmental law; defining category of “environmental legal restrictions”, their content, system and the status of the respective legislation. Methodology. The methodology consists in carrying out a comprehensive analysis of the provisions of environmental legislation and formulating relevant conclusions on this basis. During the research, the following methods of scientific research were used: terminological, systemic and structural, comparative legal, structural and functional. Results. The objectively determined necessity of unconditional adherence to the legally established environmental requirements, prohibitions and restrictions as well as their potential scientifically substantiated enhancement in order to achieve environmentally significant goals oriented towards the priorities of sustainable development is substantiated. Restrictive mechanisms are scattered across statutory and regulatory acts of different legal force and even different branches of law, therefore, the need for their systematization and unification as well as generalization of the experience of their practical implementation in order to establish a comprehensive system of environmental restrictions is discussed. In our opinion, the conceptual basis and general essential characteristics of public environmental requirements and restrictions should be reflected in the future Environmental Code of Ukraine. Scientific novelty. In the course of the research, the author defines restrictions in environmental law as a specific sectoral imperative mechanism for regulating relations in the field of environmental safety, which consists in systematically introducing legislation on imperative provisions of environmental law as well as establishing specific legal regimes and mechanisms for their application and implementation. Practical significance. The main conclusions can be used in law-making and law-enforcing activities, as well as in further theoretical and legal research and in the educational process.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

Covert Action: United States Law in Substance, Process, and Practice

2010 ◽  
pp. 586-607 ◽  
Author(s):  
James E. Baker
Keyword(s):  
National Security ◽  
Executive Branch ◽  
Legal Practice ◽  
Legal Regime ◽  
Covert Action ◽  
The Third ◽  
Definition Of ◽  
Traditional Activity ◽  
The U.S

This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.

scholarly journals A political ontology for Europe: Roberto Esposito’s instituent paradigm

2021 ◽  
Author(s):  
Rita Fulco
Keyword(s):  
Political Theology ◽  
Political Crisis ◽  
Recent Proposal ◽  
Political Ontology ◽  
The Third ◽  
European Crisis ◽  
Do So

AbstractThe aim of my article is to relate Roberto Esposito’s reflections on Europe to his more recent proposal of instituent thought. I will try to do so by focusing on three theoretical cornerstones of Esposito’s thought: the first concerns the evidence of a link between Europe, philosophy and politics. The second is deconstructive: it highlights the inadequacy of the answers of the most important contemporary ontological-political paradigms to the European crisis, as well as the impossibility of interpreting this crisis through theoretical-political categories such as sovereignty. The third relates more directly to the proposal of a new political ontology, which Esposito defines as instituent thought. Esposito’s discussion of political theology is the central theoretical nucleus of this study. This discussion will focus, in particular, on the category of negation, from which any political ontology that is based on pure affirmativeness or absolute negation is criticized. In his opinion, philosophical theories developed on the basis of these assumptions have proved to be incomplete or ineffective in relation to the current European and global philosophical and political crisis. Esposito therefore perceives the urgent need to propose a line of thought that is neither negatively destituent (post-Heideggerian), nor affirmatively constituent (post-Deleuzian, post-Spinozian), but instituent (neo-Machiavellian), capable of thinking about order through conflict (the affirmative through the negative). Provided that we do not think of the institution statically–in a conservative sense–but dynamically, as constant instituting in which conflict can become an instrument of a politics increasingly inspired by justice.

scholarly journals Love is blind: partisan alignment and political corruption in Spain

SERIEs ◽  
2021 ◽  
Author(s):  
Miguel Ángel Borrella-Mas ◽  
Martin Rode
Keyword(s):  
Public Discourse ◽  
Local Level ◽  
Political Process ◽  
Real Estate Industry ◽  
Local Politicians ◽  
Boom And Bust ◽  
Boom And Bust Cycle ◽  
Regional Elections ◽  
Municipal Level ◽  
Do So

AbstractEver since the spectacular boom and bust cycle of the Spanish real estate industry, endemic corruption at the local level has become a widely recognized problem in the national public discourse. In an effort to expose an under-explored political determinant, this paper investigates the effect of local and regional alignment in fomenting corruption at the Spanish municipal level. To do so, we construct an ample panel dataset on the prevalence of corrupt practices by local politicians, which is employed to test the possible impact of partisan alignment in three consecutive joint municipal and regional elections. Findings show aligned municipalities to be more corrupt than non-aligned ones, an effect that is further associated with absolute majorities at both levels of government and higher capital transfers. By contrast, we also show that “throwing the rascals out” could be an effective strategy for curbing the corrupt practices of aligned municipalities. This indicates that the democratic political process may be effective in corruption control if agreements can be reached to remove corrupt politicians or parties from power.

(Re)Made in America: Survivorship after the Shoah

2021 ◽  
Vol 24 (1) ◽  
pp. 28-44
Author(s):  
Alyson Cole
Keyword(s):  
Public Discourse ◽  
The United States ◽  
Moral Authority ◽  
Crimes Against Humanity ◽  
Rape Victims ◽  
The Third ◽  
United States Today ◽  
Negative Attributes ◽  
Made In ◽  
The Welfare State

Until the l970s, ‘survivor’ referred predominantly to individuals who outlived others in the aftermath of disaster, or stood to inherit the remains of an estate; it was not imbued with evaluative connotations. In the United States today, however, survivorship abounds with positive meanings. This transvaluation rests on three intersecting trajectories that together transformed survivorship from denoting that one sustained or was spared a hardship to signifying a superior social status. The first trajectory follows the aftermath of the Shoah, when survivors acquired moral authority as victims of and public witnesses to a new violation, ‘crimes against humanity’. The second tracks the stigmatization of the term ‘victim’ in American public discourse. A consequence of struggles over the welfare state and other progressive policies, victimhood is now associated less with specific harms or injuries, and more with the supposed negative attributes of the victim herself. The third traces how survivorship became integral to the recuperative strategies of new therapeutic disciplines addressing the traumatized – from war veterans and rape victims to cancer patients. These three processes coalesced to create and legitimize a hierarchical opposition between ‘victims’ and ‘survivors’, transforming these terms into political categories and emblems of personal and group identity. In this essay, I argue that the victim/survivor binary constitutes one juncture where neoliberalism converges with Trump-era populism.

A European Perspective on Religion and Welfare: Contrasts and Commonalities

2012 ◽  
Vol 11 (4) ◽  
pp. 589-599 ◽  
Author(s):  
Grace Davie
Keyword(s):  
Social Policy ◽  
The State ◽  
Comparative Perspective ◽  
European Perspective ◽  
The Third ◽  
Effective Delivery ◽  
Delivery Of Services ◽  
Do So ◽  
West European

This article places the British material on religion and social policy in a comparative perspective. In order to do so, it introduces a recently completed project on welfare and religion in eight European societies, entitled ‘Welfare and Religion in a European Perspective’. Theoretically it draws on the work of two key thinkers: Gøsta Esping-Andersen and David Martin. The third section elaborates the argument: all West European societies are faced with the same dilemmas regarding the provision of welfare and all of them are considering alternatives to the state for the effective delivery of services. These alternatives include the churches.

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