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Journal ArticleDOI

book Review: Justice, Legitimacy and Self-Determination: Moral Foundations for International Law

01 Jan 2005-Journal of Moral Philosophy (Brill)-Vol. 2, Iss: 2, pp 251-254
About: This article is published in Journal of Moral Philosophy.The article was published on 2005-01-01. It has received 9 citations till now. The article focuses on the topics: Public international law & Comparative law.
Citations
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Journal ArticleDOI
TL;DR: In this article, the authors elaborate a conceptual framework for a comprehensive quantification of such an energy requirement, including the energy required to build out infrastructure to support these living standards, which gives rise to claims by countries to an exemption from mitigation for the energy and emissions needed to provide a decent life to all.
Abstract: There is very little elaboration in literature of the phrase "equitable access to sustainable development" that is referenced in the Cancun Agreement on climate change. We interpret this at a minimum as people's right to a decent living standard, which gives rise to claims by countries to an exemption from mitigation for the energy and emissions needed to provide a decent life to all. We elaborate a conceptual framework for a comprehensive quantification of such an energy requirement, including the energy required to build out infrastructure to support these living standards. We interpret decent living as the consumption by households of a set of basic goods including adequate nutrition, shelter, health care, education, transport, refrigeration, television and mobile phones. We develop universal indicators for these activities and their infrastructure requirements, and specify a methodology to convert these to energy requirements using energy input-output analysis. Our main recommendations include estimating bottom-up, country-specific energy and emissions requirements, incorporating a minimum for methane emissions, and using international benchmarks at the sector level to encourage the reduction of countries' energy and emissions intensity.

83 citations

DissertationDOI
26 Feb 2020
TL;DR: In this article, the authors employ the queer phenomenology of Sara Ahmed and the critical discourse analysis method of Norman Fairclough to analyze the dispute concerning Trinity Western University's (TWU) proposed juris doctor program.
Abstract: This dissertation employs the queer phenomenology of Sara Ahmed and the critical discourse analysis method of Norman Fairclough to analyze the dispute concerning Trinity Western University’s (TWU) proposed juris doctor program. The dispute provides a case study to demonstrate the changing “feeling rules” within Canadian constitutional culture over roughly 23 years, from approximately 1995 to 2018. The project critiques (hetero)sexist shame as an oftenharmful technique of moral discipline and emotional regulation, showing how Canadian constitutional culture deploys shame to determine who will belong to law and who will be (partially) beyond its boundaries. A crucial aspect of the struggle to define the law’s parameters are disputes over what it means to act reasonably. Because this dissertation argues that reason is highly gendered, the philosophy of Immanuel Kant provides indispensable conceptual tools through which one can critique (hetero)sexism while uncovering its foundational assumptions. The frequency and intensity with which many subjects of Canadian constitutional culture deploy shame to enforce their conception of what the Constitution demands illuminates a perhaps intractable problem within human rights discourse; namely, that shame is both necessary for and antithetical to the concepts of human dignity and rational agency, upon which rests much contemporary Kantian human rights discourse. In light of this problem, the best normative justification for denying TWU’s application was the need to prevent unjustified shame based on morally extraneous characteristics, even as this justification cannot entirely redress the problem of shame in Canadian constitutional culture.

82 citations

DissertationDOI
02 Jul 2010
TL;DR: In this paper, the authors present a contribution to the current debate on International Intellectual Property Law in post-WTO era and propose an analysis and reappraisal of its elements, principles and objectives.
Abstract: Title: "Contributions to the Study of International Law of Intellectual Property in Post-WTO Era: Frontiers of Protection, Balance and Expansion of Public Domain" After 15 years from its adoption by the Member States of World Trade Organization, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) still remains as one of the main pillars of the modern institutions of international intellectual property system and deserves a continuous assessment analysis of its overall impacts on developing countries, their innovation systems and developmental concerns. In this sense, expansionist trends and higher levels of protection of intellectual property rights (IPRs) – in multilateral, regional and bilateral levels are nevertheless confronted with the actual needs of developing countries in exploring existing and pending flexibilities within the international intellectual property legal regime. This appears to be true particularly after the post-transitional phase of TRIPS Agreement, where implementation of the multilateral obligations related to substantive protection and enforcement procedures gave rise to considerable contentious issues emerging from demands for access to “global public goods”, knowledge goods. This Doctoral Thesis offers a contribution to the current debate on International Intellectual Property Law in Post-WTO Era and proposes an analysis and reappraisal of its elements, principles and objectives. The work aims at focusing the imperative task of redefining the intrinsic balance of intellectual property and maintenance and expansion of the public domain as values of an international ‘ordre public’. In this context, we analyze the systemic objectives of a prospective international intellectual property regime, which were in part consolidated by the proponents of Doha Declaration on TRIPS and Public Health of 2001 and WIPO Development Agenda. In the first part (“Status Quo: Past and Present of Intellectual Property in International Order”) we analyze the main development of the current international intellectual property regime, its foundations in Post WTO/TRIPS, and convergent intellectual property related competences in international legal order. The second part (“Present revisited towards the future of intellectual property rights”) approaches the implications of expansionist trends and strengthening of standards of IP protection. In this case, our work focuses on two particular cases: the substantive harmonization and “global protection systems” and enforcement of intellectual property rights. The third part (“Future of Intellectual Property Rights in International Legal System”) further analyses core objectives and principles of International Intellectual Property Law in Post-WTO (balance, transparency, international cooperation and transfer of technology) and proposals for the maintenance and expansion of public domain, flexibilities and options for the access to the knowledge goods. Key-Words: International Intellectual Property Law – TRIPS Agreeement – International Trade Law – World Intellectual Property Organization – World Trade Organization – WIPO Development Agenda Substantive Harmonization – ‘Global Protection Systems’ – Enforcement of IP Rights– Knowledge Goods – Public Domain

39 citations

Journal ArticleDOI
01 Nov 2015-Geoforum
TL;DR: In this article, the authors use the cases of two exiled governing authorities, for Western Sahara and Tibet, to examine how legitimate government can be produced in the absence of full legality as a recognised sovereign state.

33 citations


Cites background from "book Review: Justice, Legitimacy an..."

  • ...These subjective approaches to legitimacy – that it exists only through belief in the rightfulness of rule – are distinct from objective approaches which understand legitimacy as the adherence to external moral standards (Buchanan, 2004)....

    [...]

References
More filters
Journal ArticleDOI
TL;DR: In this article, the authors elaborate a conceptual framework for a comprehensive quantification of such an energy requirement, including the energy required to build out infrastructure to support these living standards, which gives rise to claims by countries to an exemption from mitigation for the energy and emissions needed to provide a decent life to all.
Abstract: There is very little elaboration in literature of the phrase "equitable access to sustainable development" that is referenced in the Cancun Agreement on climate change. We interpret this at a minimum as people's right to a decent living standard, which gives rise to claims by countries to an exemption from mitigation for the energy and emissions needed to provide a decent life to all. We elaborate a conceptual framework for a comprehensive quantification of such an energy requirement, including the energy required to build out infrastructure to support these living standards. We interpret decent living as the consumption by households of a set of basic goods including adequate nutrition, shelter, health care, education, transport, refrigeration, television and mobile phones. We develop universal indicators for these activities and their infrastructure requirements, and specify a methodology to convert these to energy requirements using energy input-output analysis. Our main recommendations include estimating bottom-up, country-specific energy and emissions requirements, incorporating a minimum for methane emissions, and using international benchmarks at the sector level to encourage the reduction of countries' energy and emissions intensity.

83 citations

DissertationDOI
26 Feb 2020
TL;DR: In this article, the authors employ the queer phenomenology of Sara Ahmed and the critical discourse analysis method of Norman Fairclough to analyze the dispute concerning Trinity Western University's (TWU) proposed juris doctor program.
Abstract: This dissertation employs the queer phenomenology of Sara Ahmed and the critical discourse analysis method of Norman Fairclough to analyze the dispute concerning Trinity Western University’s (TWU) proposed juris doctor program. The dispute provides a case study to demonstrate the changing “feeling rules” within Canadian constitutional culture over roughly 23 years, from approximately 1995 to 2018. The project critiques (hetero)sexist shame as an oftenharmful technique of moral discipline and emotional regulation, showing how Canadian constitutional culture deploys shame to determine who will belong to law and who will be (partially) beyond its boundaries. A crucial aspect of the struggle to define the law’s parameters are disputes over what it means to act reasonably. Because this dissertation argues that reason is highly gendered, the philosophy of Immanuel Kant provides indispensable conceptual tools through which one can critique (hetero)sexism while uncovering its foundational assumptions. The frequency and intensity with which many subjects of Canadian constitutional culture deploy shame to enforce their conception of what the Constitution demands illuminates a perhaps intractable problem within human rights discourse; namely, that shame is both necessary for and antithetical to the concepts of human dignity and rational agency, upon which rests much contemporary Kantian human rights discourse. In light of this problem, the best normative justification for denying TWU’s application was the need to prevent unjustified shame based on morally extraneous characteristics, even as this justification cannot entirely redress the problem of shame in Canadian constitutional culture.

82 citations

DissertationDOI
02 Jul 2010
TL;DR: In this paper, the authors present a contribution to the current debate on International Intellectual Property Law in post-WTO era and propose an analysis and reappraisal of its elements, principles and objectives.
Abstract: Title: "Contributions to the Study of International Law of Intellectual Property in Post-WTO Era: Frontiers of Protection, Balance and Expansion of Public Domain" After 15 years from its adoption by the Member States of World Trade Organization, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) still remains as one of the main pillars of the modern institutions of international intellectual property system and deserves a continuous assessment analysis of its overall impacts on developing countries, their innovation systems and developmental concerns. In this sense, expansionist trends and higher levels of protection of intellectual property rights (IPRs) – in multilateral, regional and bilateral levels are nevertheless confronted with the actual needs of developing countries in exploring existing and pending flexibilities within the international intellectual property legal regime. This appears to be true particularly after the post-transitional phase of TRIPS Agreement, where implementation of the multilateral obligations related to substantive protection and enforcement procedures gave rise to considerable contentious issues emerging from demands for access to “global public goods”, knowledge goods. This Doctoral Thesis offers a contribution to the current debate on International Intellectual Property Law in Post-WTO Era and proposes an analysis and reappraisal of its elements, principles and objectives. The work aims at focusing the imperative task of redefining the intrinsic balance of intellectual property and maintenance and expansion of the public domain as values of an international ‘ordre public’. In this context, we analyze the systemic objectives of a prospective international intellectual property regime, which were in part consolidated by the proponents of Doha Declaration on TRIPS and Public Health of 2001 and WIPO Development Agenda. In the first part (“Status Quo: Past and Present of Intellectual Property in International Order”) we analyze the main development of the current international intellectual property regime, its foundations in Post WTO/TRIPS, and convergent intellectual property related competences in international legal order. The second part (“Present revisited towards the future of intellectual property rights”) approaches the implications of expansionist trends and strengthening of standards of IP protection. In this case, our work focuses on two particular cases: the substantive harmonization and “global protection systems” and enforcement of intellectual property rights. The third part (“Future of Intellectual Property Rights in International Legal System”) further analyses core objectives and principles of International Intellectual Property Law in Post-WTO (balance, transparency, international cooperation and transfer of technology) and proposals for the maintenance and expansion of public domain, flexibilities and options for the access to the knowledge goods. Key-Words: International Intellectual Property Law – TRIPS Agreeement – International Trade Law – World Intellectual Property Organization – World Trade Organization – WIPO Development Agenda Substantive Harmonization – ‘Global Protection Systems’ – Enforcement of IP Rights– Knowledge Goods – Public Domain

39 citations

Journal ArticleDOI
01 Nov 2015-Geoforum
TL;DR: In this article, the authors use the cases of two exiled governing authorities, for Western Sahara and Tibet, to examine how legitimate government can be produced in the absence of full legality as a recognised sovereign state.

33 citations