Risk and the Regulation of Uncertainty in International Law

Increasingly, international legal arrangements imagine future worlds, or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert knowledge and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualize, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across various functional fields in international law. It explores how the future is construed in these various functional fields; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk. The contributions in this book will provide readers with a sound basis for making comparisons between the practices developed in different international legal regimes.

The Eye ◽  
2019 ◽  
Vol 21 (128) ◽  
pp. 19-22
Author(s):  
Gregory DeNaeyer

The world-wide use of scleral contact lenses has dramatically increased over the past 10 year and has changed the way that we manage patients with corneal irregularity. Successfully fitting them can be challenging especially for eyes that have significant asymmetries of the cornea or sclera. The future of scleral lens fitting is utilizing corneo-scleral topography to accurately measure the anterior ocular surface and then using software to design lenses that identically match the scleral surface and evenly vault the cornea. This process allows the practitioner to efficiently fit a customized scleral lens that successfully provides the patient with comfortable wear and improved vision.


Author(s):  
Elizabeth Gaskell ◽  
Dinah Birch

A man … is so in the way in the house!’ A vivid and affectionate portrait of a provincial town in early Victorian England, Elizabeth Gaskell’s Cranford describes a community dominated by its independent and refined women. Undaunted by poverty, but dismayed by changes brought by the railway and by new commercial practices, the ladies of Cranford respond to disruption with both suspicion and courage. Miss Matty and her sister Deborah uphold standards and survive personal tragedy and everyday dramas; innovation may bring loss, but it also brings growth, and welcome freedoms. Cranford suggests that representatives of different and apparently hostile social worlds, their minds opened by sympathy and suffering, can learn from each other. Its social comedy develops into a study of generous reconciliation, of a kind that will value the past as it actively shapes the future. This edition includes two related short pieces by Gaskell, ‘The Last Generation in England’ and ‘The Cage at Cranford’, as well as a selection from the diverse literary and social contexts in which the Cranford tales take their place.


Philosophy ◽  
2009 ◽  
Vol 84 (2) ◽  
pp. 201-218 ◽  
Author(s):  
Tom Stoneham

AbstractThere are many questions we can ask about time, but perhaps the most fundamental is whether there are metaphysically interesting differences between past, present and future events. An eternalist believes in a block universe: past, present and future events are all on an equal footing. A gradualist believes in a growing block: he agrees with the eternalist about the past and the present but not about the future. A presentist believes that what is present has a special status. My first claim is that the familiar ways of articulating these views result in there being no substantive disagreement at all between the three parties. I then show that if we accept the controversial truthmaking principle, we can articulate a substantive disagreement. Finally, I apply this way of formulating the debate to related questions such as the open future and determinism, showing that these do not always line up in quite the way one would expect.


Futures ◽  
2021 ◽  
pp. 118-134
Author(s):  
Barbara Adam

This chapter comprises an interview between Barbara Adam and the editors, and is followed by Adam’s ‘Honing Futures’, which is presented in four short verses of distilled theory. In the interview Adam reflects on thirty-five years of futures-thinking rooted in her deeply original work on time and temporality, and her innovative response to qualitative and linear definitions of time within the social sciences. The interview continues with a discussion of the way Adam’s thinking on futures intersects in her work with ideas of ethics and collective responsibility politics and concludes with a brief rationale for writing theory in verse form. In ‘Honing Futures’, a piece of futures theory verse form, Adam charts the movements and moments in considerations of the Not Yet and futurity’s active creation: from pluralized imaginings of the future, to an increasingly tangible and narrower anticipated future, to future-making as designing and reality-creating performance. Collectively, the verses identify the varied complex interdependencies of time, space, and matter with the past and future in all iterations of honing and making futures.


2021 ◽  
Author(s):  
Zohra Akbari

Buildings and city forms are restructured and reused through time in response to evolving contexts, with each successive change leaving traces of the past that accumulate as layers. Collective knowledge and memory are strongly tied to these artifacts, which provide the depth and continuity necessary for the affirmation of identity. Dramatic changes in the contemporary city have prompted a reconsideration of the way architecture adapts, and highlights the need for a creative approach to change and advancement. A successful approach would meaningfully engage the past and memory to record and transmit vital aspects of culture and history while simultaneously using them to inform future actions. The palimpsest as an evolving record provides a productive framework for this kind of transformation, and uncovers the tangible and intangible layers of a site to protect and project the future layers.


Author(s):  
Thomais Kordonouri

‘Archive’ is a totality of records, layers and memories that are collected. A city is the archive that consists of the conscious selection of these layers and traces of the past and the present, looking towards the future. Metaxourgio is an area in the wider historic urban area of Keramikos in Athens that includes traces of various eras, beginning in the Antiquity and continuing all the way into the 21st century. Its archaeological space ‘Demosion Sema’ is mostly concealed under the ground level, waiting to be revealed. In this proposal, Metaxourgio is redesigned in light of archiving. Significant traces of the Antiquity, other ruins and buildings are studied, selected and incorporated in the new interventions. The area becomes the ‘open archive’ that leads towards its lost identity. The proposal aims not only to intensify the relationship of architecture with archaeology, but also to imbue the area’s identity with meanings that refer to the past, present and future.


This volume asks a question that is deceptive in its simplicity: Could international law have been otherwise? In other words, what were the past possibilities, if any, for a different law? The search for contingency in international law is often motivated, including in the present volume, by the refusal to accept the present state of affairs and by the hope that recovering possibilities of the past will facilitate a different future. The volume situates the search for contingency theoretically and within many fields of international law, such as human rights and armed conflict, migrants and refugees, the sea and natural resources, and foreign investment and trade. Today there is hardly a serious account that would consider the path of international law to be necessary and that would deny the possibility of a different law altogether. At the same time, however, behind every possibility of the past stands a reason – or reasons – why the law developed as it did. Those who embark in search of contingency soon encounter tensions when they want to recover past possibilities without downplaying patterns of determination and domination. Nevertheless, while warring critical sensibilities may point in different directions, only a keen sense of why things turned out the way they did makes it possible to argue about how they could plausibly have turned out differently.


Author(s):  
Elliot R. Wolfson
Keyword(s):  
The Past ◽  
To Come ◽  

This chapter addresses the co-dependence of people's conceptions of end and of beginning. To comprehend the beginning, one must think of it from the perspective of futurity, from the perspective, that is, of the ultimate end. Consequently, the beginning lies not in the past but, rather, in the future. The chapter then relates this mode of philosophizing with the way people understand Jewish eschatology, which lies at the center of Jewish theorization about time. In Jewish eschatology, what is yet to come is understood as what has already happened, whereas what has happened is derived from what is yet to come. Martin Heidegger has dismissed Judaism as a religion that by its very nature cannot experience temporality authentically. Yet his own understanding of temporality accords well with rabbinic conceptions of temporality and later kabbalistic eschatologies.


2011 ◽  
pp. 234-248
Author(s):  
Enid Mumford

Participative systems design has, in the past, been seen as a positive group process of thinking through needs and problems and arriving at solutions for making the situation better. This improved situation then continues until new technology or new solutions provide an opportunity for making the situation better still. So far this book has concentrated on how to make the best use of the positive factors assisting change, especially change that involves the introduction and use of technology. It has described the importance of getting a clear understanding of the change problem and its complexity, of developing effective strategies to address this complexity, and of the creation of structures, often organizational, to facilitate the subsequent use of the new system. This last requires always keeping in mind the need to meet the dual objectives of achieving operating efficiency and a good quality of working life. This is often described as job satisfaction. Most of all there has been a continual stress on the importance of participation. This involves sharing the design tasks with those who will be affected by them and taking account of their opinions in design decisions. This chapter addresses the reverse of this positive objective. It considers the negative factors in a change situation which are likely to cause problems and to threaten the success of the change programme and of the new system. There are very many of these kinds of problems and it is only possible to discuss a few here. The ones I have selected are criminal threats which affect the future viability of the company, technical problems which reduce efficiency, unpleasant and stressful work that threatens employee health, and problems of morale which affect the individual’s happiness in the workplace. A consideration of negative factors brings us into the challenging areas of uncertainty and risk. Uncertainty is when we do not know what is going to happen and often contains an element of surprise. This is especially true today when so many decisions depend on forecasts of the future. A contributing factor here can be an overemphasis on the present as a means of forecasting the future. Uncertainty is also often a result of the behaviour of others rather than of events. This is hard to predict. Experts tell us that today we are living in a risk society (Beck, 1992). Complex design problems can have a high degree of uncertainty and easily become risks. They often have a subjective element, for what one person considers a problem or a risk, another will see as an opportunity. Complex problems also require information for their solution and this may be difficult to find. It requires the ability to search for, analyse and synthesise, relevant intelligence and relate it to past, current and future events. Threats to important institutions from terrorists are of a different nature and scale to those that have been experienced before. Many will take us completely by surprise. Bernstein (1996) suggests that the essence of risk management lies in maximising the areas which we have some control over while minimising those areas where we have no control over the outcome and the linkage between cause and effect is hidden. When we take a risk we are making a bet that a particular outcome will result from the decision we have made although we have no certainty that this will happen. Risk management usually starts with risk analysis, which attempts to establish and rank the most serious risks to be avoided so far as these are known. Here many companies attempt to achieve a balance between the benefits of greater security and the costs involved. Too high a level of security, while providing good protection, can result in a system that is both difficult to use and expensive to operate (Mumford, 1999). Risk analysis next moves on to risk assessment. This is an analysis of the seriousness of different risks by determining the probability and potential damage of each one. For example, major risks can come from a large concentration of data in one place that is accessed by many different people, not all of whom are known. There can be relationships between risks. Clifford Stoll’s (1990) book The Cuckoo’s Egg shows how the ability of a German hacker to enter a university laboratory computer made it possible for him to later enter into the computers of United States military bases. Risk analysis identifies the risks; risk assessment tries to estimate how likely they are to happen and how serious the consequences will be. Risk priorisation recognises that all companies cannot be protected from all risks and choices must be made. Risk impact is the likely magnitude of the loss if a system break-in, fraud or other serious problem occurs. Risk control involves further actions to reduce the risk and to trigger further defensive actions if a very serious problem occurs. Risk control also covers the monitoring of risk on a regular basis to check that existing protection is still effective. This can lead to risk reassessment. Very serious risks such as those coming from terrorist attack or criminal activity require monitoring. This, together with the detailed documentation of any problems or illegal activities when they occur, is essential to avoid complacency. An effective system must both prevent problems and detect when they have occurred. All of these activities to design security into a system require human vigilance if they are to be effective. All employees should accept some responsibility for checking that the system they work with continues to maintain its integrity and security. This chapter will place its main focus on protective problem solving and design directed at avoiding or minimising very serious risks. Today, it is unwise for managers to neglect this. Because of its growth in recent years and its prevalence today criminal activity will be examined first in some detail. Particular attention will be paid to how the involvement of employees in problem solving can play a part in reducing or avoiding this.


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