We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure coreplatform@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Talk of decentralization in Iraq is usually dominated by attempts to define the extent and geographical reach of Kurdish autonomy in northern Iraq, including the question of natural resources. The primary challenge for the state has been how to accommodate a nationalistic ethnic group that has throughout its existence expressed a stalwart desire for self-rule if not independence. This chapter examines Iraq’s decentralization “moments” in 1970, between 1991 and 2003, and in the 2005 Constitution. It then explores the challenges of implementing Kurdish regional autonomy after 2005, focusing on governance and natural resources. It argues that despite a brief experience with independence, self-rule or enhanced autonomy has been held hostage to several variables, namely: Kurdish disunity, the strength of the central government, and concerns in Turkey and Iran about the potential impact of Kurdish self-government in Iraq on their own Kurdish minority populations.
Does a universal basic income (UBI) affect voter turnout? This article argues that the introduction of an unconditional cash payment—where citizens receive money independent of employment status, age, or indigence—can have a turnout-enhancing effect. I evaluate the argument using the introduction of the Permanent Fund Dividend in Alaska. Differences-in-differences estimates covering November general elections from 1978 to 2000 provide compelling evidence that the Alaskan UBI has a significant positive effect on turnout. The results further suggest that the turnout increase was not a one-off effect but persists over a period of almost 20 years. Thus, a UBI has the potential to positively affect turnout among an entire electorate, adding to the discussion around potential welfare reforms in western democracies.
The EU has been reluctant to engage in the negotiations for a UN treaty on business and human rights because such a treaty would have an impact on the competitiveness of EU-based corporations in the global marketplace, in particular, vis-à-vis competitors from developing and emerging states. Bearing in mind these observations relating to the EU’s position in the ongoing treaty process, this chapter aims to assess whether the EU has been able to mitigate the effects on the competitiveness of EU-based corporations in its unilateral ‘business and human rights’ legislative initiatives. After assessing which initiatives have been prioritised by the European Commission, this chapter investigates to what extent competition from non-EU corporations – and, in particular, corporations from developing and emerging states – has been taken into account during the drafting process of these initiatives, and to what extent they have a regulatory impact on such corporations. This chapter also discusses private international law issues.
This chapter argues that animals, as part of the environment, benefit from the protection afforded by the direct and indirect environmental safeguards offered by principles and rules of international humanitarian law. However, it also reveals that the pertinent norms are weak and largely unclear, especially in the context of non-international armed conflicts. For this reason, the chapter contends that the said rules need to be read in conjunction with the growing body of international norms, standards and mechanisms that seek to prevent and redress environmental harm during peacetime. Indeed, international environmental law has the potential to protect animals from suffering from the general deterioration of natural habitats and ecosystems caused by humans. However, the protection offered by the relevant instruments and unwritten principles is severely constrained by their narrow substantive, personal and territorial scope of application.
This chapter explores the international legal protection offered to animals in occupied territory. Some rules of international humanitarian law protecting private and public property apply to animals as well. The legal framework is complemented by the domestic law in force prior to the occupation, and by international conventions on animal conservation that remain applicable during armed conflict. Nonetheless, animals in occupied territory are insufficiently protected. In order to strengthen legal protection, occupying powers should properly fulfil their duty to observe and apply local legislation such as animal welfare statutes. A non-anthropocentric approach based on animals’ needs, rather than on animals as property or as parts of the environment, would help to enhance the protection of animals in occupied territory.
This chapter provides an institutional variant of the model studied in the previous chapter, where the key variable driving the economy's latent dynamics is the quality of institutions. This chapter also analyses, using that framework, the interactions between economic development, institutional changes and inequalities.
Several prominent debates on causes of democratization or democratic decline, concern different features of the economy. Yet, many of these debates lack in robust, conclusive evidence. We revisit the links between various economic factors and (electoral) democracy, drawing on global data extending from 1789 to 2018. First, we consider how economic development influences democracy, and democratic upturns and downturns more specifically. Second, we consider structural features of the economy related to types of production and assets as potential determinants of democracy. Third, we assess indicators of short-term economic performance. Fourth, we consider different economic inequalities. Our analysis shows several null-results or non-robust results, for instance, between income inequality and democracy (both upturns and downturns), or between (various aspects of) economic development and democratic upturns. We also find several robust relationships. For example, a high share of agricultural production in the economy mitigates democratization, whereas strong short-term economic performance and high income levels hinders democratic decline.
This chapter covers Germany’s view on international environmental law and international watercourses. In doing so, it deals with Germany’s position on decommissioning oil platforms in the context of Shell’s activities in the North Sea.
Taking up Lynn White, Jr.’s argument that Christianity is largely responsible for contemporary ecological crises, this chapter develops an environmental historical reading of the Christian just war tradition’s transition from its late medieval into its early modern forms. That reading reveals not only the flaws in White’s argument but the many ways that the nonhuman natural world was understood by late medieval just war thinkers, including as resource, brake, enemy, and collection of signs. Attending to the environmental conditions and human interactions with the nonhuman natural world that shaped late medieval Europe and gave rise to early modern projects of colonialization and conquest helps to clarify the range of forces at work in shaping just war thinking and modernity. Among the implications of an environmental historical reading of the history of Christian just war, thinking is not only a recognition of the ways that the natural and the political interact but the need for a richer vocabulary to express those interactions in a time of growing climate-shaped violence.
The world can no longer deny that the planet is on the verge of an Anthropocene catastrophe. As scientists from different fields and from around the globe are discussing the causes, impacts, challenges, and solutions to the arrival of this human-induced new geological time, the field of law cannot remain behind. Rights of Nature (RoN), granting legal personhood to nature and its elements such as rivers, is an emerging transnational legal framework fast gaining international traction among Euro-American legal scholars as a new tool to combat environmental destruction. Grounded in reflections derived from long-term collaborative ethnographic work among indigenous communities, this article aims to critically and empirically unpack several interrelated concerns and blind spots at this moment of the RoN snowballing effect around the globe related to claims that this new legal proposal is rooted in indigenous lifestyles and views about nature/the environment.
In this chapter, we use the new data to investigate which factors influence the allocation of Chinese development finance across countries, and how these motivations compare to those of traditional donors and creditors such as the World Bank. We specifically test the claim that Beijing is primarily using its economic largesse to cement alliances with political leaders, secure access to natural re- sources, and create exclusive commercial opportunities for Chinese firms. We run statistical models to examine the cross-country allocation of Chinese aid and debt, arguing that these two flows are motivated by different strategic objectives. Our results show that Chinese aid and debt are means to different ends. Like Western donors, Beijing allocates aid in response to levels of poverty and uses aid to reward countries that adopt its foreign policy positions and punish those that do not. Contrary to the conventional wisdom, Beijing is no more likely than major Western donors to provide aid to corrupt or authoritarian regimes. None of these findings are consistent with the notion that China is a “rogue donor” compared to its Western peers. However, Beijing’s loans issued at or near market rates are more likely to go to corrupt and authoritarian countries. The conflation of aid and credit seems to be at the heart of the confusion: Western politicians and journalists use “rogue donor” as a shorthand term for all of China’s overseas development projects, but many of these projects are not aid.
Climate change has a significant impact on ecosystems, agriculture, natural resources, environment and infrastructure development. Natural resources, including water resources, are particularly vulnerable to climate change. Climate change is expected to affect future water demand and the availability of water resources. Besides, the demand for clean water supplies is increasing worldwide due to population growth. Sustainable water management is required to satisfy the increasing water demand and the uncertainty of the availability and quality of water under climate change. The Intergovernmental Panel on Climate Change (IPCC) 2007, in its fourth assessment report, has listed rainwater harvesting among the specific adaptation measures to cope with future climate change. Rainwater harvesting systems meet current and future water demands and improve water resources management in many countries across the world. This chapter provides critical and comprehensive reviews of studies about the history, methods and environmental benefits of rainwater harvesting and identifies its potential and limitations and its role in developing a more sustainable water resource management under climate change. This review may contribute to improving adaptation strategies of rainwater harvesting for sustainable water resources management under changing climate.
Global law and the environment is an increasingly prominent and rapidly evolving area of scholarship. In confronting global challenges such as climate change, biodiversity loss, freshwater scarcity, and other symptoms of planetary breakdown, critical scholars from different intellectual traditions are questioning the traditional approach taken within environmental law which has, so far, only managed to save “some trees” but failed to keep “the forest”. These dominant legal interactions often use the law to address “problems” after they arrive. However, the law plays a key role also in constituting these “problems” by incentivizing certain harmful activities, upholding socio-political-economic structures, and through the limited framing of the issues it claims to solve. It is becoming increasingly clear that we live in a “legally constituted world”. Against this background, there is a need for further critical reflection on the role of the law in preventing, addressing, and even driving the entangled socio-ecological-economic crises of modernity. Through interrogating the assumptions that underlie environmental law, critical scholars have exposed, challenged, and put forward alternative visions to its neo-colonial and gendered biases; its exclusion of indigenous perspectives and voices; its construction upon problematic representations of “the environment” that centres an anthropocentric worldview; and a neoliberal economic order that fosters vast environmental damage.
Access to natural resources and the allocation of revenue generated by resource exploitation is at the core of many conflicts and plays an important role in many others. Yet natural resources can also be a key factor in promoting a durable peace. This chapter explores the puzzle of whether and how to address natural resource ownership, management, and revenue allocation in a manner that promotes durable peace. This chapter reviews the peace processes related to conflicts in Papua New Guinea and Bougainville, Indonesia and Aceh, Iraq and Kurdistan, the Philippines and Bangsamoro, Sierra Leone, Sudan and South Sudan, Sudan and Darfur, and Yemen to understand if and when parties broach the subject of natural resources in the peace process, and how they then decide upon matters such as the ownership, management, and revenue allocation.
Chapter 5 uses the pan-Indian 2016 anti-pipeline protests at Standing Rock as a launching off point for discussing the complicated relationship between Indians and the environment. It shows why stereotypes about Indians as environmental stewards are misleading while also affirming the special connection that Indians often have to their land. As the chapter shows, tribal sovereignty provides a way of dealing with both tribal environmental justice concerns and tribal decisions to pursue development that harms the environment. Included in the chapter are discussions of everything from coal-fired power plants to large solar energy facilities.
In all but the rarest circumstances, the world's deadly conflicts are ended not through outright victory, but through a series of negotiations. Not all of these negotiations, however, yield a durable peace. To successfully mitigate conflict drivers, the parties in conflict must address a number of puzzles, such as whether and how to share and/or re-establish a state's monopoly of force, reallocate the ownership and management of natural resources, modify the state structure, or provide for a path toward external self-determination. Successfully resolving these puzzles requires the parties to navigate a number of conundrums and make choices and design mechanisms that are appropriate to the particular context of the conflict, and which are most likely to lead to a durable peace. Lawyering Peace aims to help future negotiators build better and more durable peace agreements through a rigorous examination of how other parties have resolved these puzzles and associated conundrums.
Chapter 1 serves as an introduction to the book. It sets the scene by providing fundamental background information on the issues explored in the book. It then situates the present study within the existing literature. In so doing, it identifies the novel research questions, methodology, and contribution to debates in international law and beyond. It introduces key concepts that will be further discussed in the book, notably the idea of ‘new wars’ and its relationship to the environment. Further, it outlines two theories that provide the foundations and inform the critique developed in the book. The first is Rob Nixon’s concept of slow violence and the second is the notion of structural violence, taken from Johan Galtung and adapted to the present issues. Lastly, it offers an overview of arguments made in subsequent chapters.
This article examines rosewood trafficking in the Casamance region of Senegal to determine whether acts of massive deforestation committed in the context of a non-international armed conflict can be prosecuted before the International Criminal Court (ICC) as war crimes of pillage and destruction of property under Article 8(2)(e)(v) and (xii) of the Rome Statute, respectively. It examines two of the main challenges resulting from the application of these provisions to acts of massive deforestation in the light of the ICC Elements of Crimes. Firstly, the article addresses the delicate issue of the establishment of a nexus between these acts and the related non-international armed conflict. Secondly, it discusses whether natural resources may qualify as ‘property’ for the purpose of Article 8(2)(e)(v) and (xii). It then offers avenues of reflection regarding the determination of ownership of these resources to fulfil the requirements of the Rome Statute.
The “Arctic Uchronotopias” special issue of Polar Record is an important contribution to scholarly reflection on resource extraction. The ideas, perspectives, and empirical cases that we encounter have significance for extractivism wherever it takes place, both inside and outside of the Arctic region. To see extractivism through an Arctic lens is particularly useful since it brings up many of the issues that are often at stake in extraction activities, but not always at the same time: geopolitics, transboundary relations, environmental and climate impacts, cultural and natural heritage, indigenous relations, rights issues, local and regional development, and lives and fates of communities. Above all, these papers bring out the full spectrum of issues and tensions related to ongoing major global shifts, such as the Great Acceleration and Overheating, and those transformations of which resource extraction forms a major part. The research presented in Arctic Uchronotopias demonstrates that affect and emotions have explanatory value in the geopolitics of Arctic resource extraction. It also shows that emotional and cognitive experience and wisdom carry values and properties that conventional Environmental Impact Assessments and other technologies of evaluation and decision-making can capture.
In 2002, the UN Panel of Experts on Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo issued its final report.2 In it, the Panel included a list it had compiled of companies involved in the war economy of the Democratic Republic of the Congo (DRC). The Panel, which had been mandated by the Security Council to examine the DRC war economy and make recommendations about sanctions and other measures, stated that ‘[b]y contributing to the revenues of the elite networks, directly or indirectly, those companies and individuals contribute to the ongoing conflict and to human rights abuses’.3 The Panel appended to its report several lists: one identified ‘companies on which the panel recommends placing financial restrictions’ and a second consisted of names of ‘persons for whom the Panel recommends travel and financial restrictions’. A third list identified businesses alleged to be ‘in violation of the OECD Guidelines for Multinational Enterprises’.4