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Supreme Court Economic Review, Volume 22
by Todd J. Zywicki Michael S. Greve Thomas W. HazlettSupreme Court Economic Review is an interdisciplinary journal that seeks to provide a forum for scholarship in law and economics, public choice, and constitutional political economy. Its approach is broad ranging and contributions employ explicit or implicit economic reasoning for the analysis of legal issues, with special attention to Supreme Court decisions, judicial process, and institutional design.
The ECHR and Human Rights Theory: Reconciling the Moral and the Political Conceptions (Routledge Research in Human Rights Law)
by Alain ZyssetThe European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
War and Punishment: The Story of Russian Oppression and Ukrainian Resistance
by Mikhail Zygar'History is made up of myths,' writes the renowned Russian dissident journalist Mikhail Zygar. 'Alas, our myths led us to the fascism of 2022. It is time to expose them.' Drawing from his perilous career investigating the frontiers of the Russian empire, Zygar reveals how 350 years of propaganda, bad historical scholarship, folk tales and fantasy spurred his nation into war with Ukraine.How did a German monk's fear of the Ottoman Empire drive him to invent the fiction of a united Russian world? How did corny spy novels about a 'Soviet James Bond' inspire Vladimir Putin to join the KGB? How did Alexander Pushkin's admiration for a poem by Lord Byron end with him slandering the legendary chief of the Cossacks? And how did Putin underestimate a rising TV comic named Volodymyr Zelensky, failing to see that his satire had become deadly serious, and that his country would be a joke no longer?A noted expert on the Kremlin with unparalleled access to hundreds of players in the current conflict - from politicians to oligarchs, gangsters to comedians (not least Zelensky himself) - Zygar chronicles the power struggles from which today's politics grew, and digs out the essential truths from behind layers of seductive legend. By surveying the strange, complex record of Russo-Ukrainian relations, War and Punishment reveals exactly how the largest nation on Earth lost its senses. A work of history can't undo the past or transform the present, but sometimes it can shape the future.In fact, that's how the story begins.
An Institutional Approach to the Responsibility to Protect
by Gentian Zyberi Kevin T. MasonCovering the main political organs of the UN, important regional and security organizations, international judicial institutions and the regional human rights protection systems, An Institutional Approach to the Responsibility to Protect examines the roles and responsibilities of the international community regarding the responsibility to protect. It also proposes improvements to the current system of collective security and human rights protection.
Medical Ethics in Clinical Practice
by Matjaž ZwitterThis book discusses medicine from an ethical perspective, whereas books on medical ethics more commonly present ethics from a bio-medical standpoint. The book is divided into 23 chapters. The introductory chapters present some basic concepts of medical ethics, such as the relation between the legal system and ethics, ethical documents, ethical theories, and ethical analysis. The following chapters address issues of importance in all fields of medicine: respecting autonomy, communication, relations within a healthcare team, professional malpractice, limited resources, and the portrait of a physician. In turn, the third part of the book focuses on ethical aspects in a broad range of medical activities – preventive medicine, human reproduction, genetics, pediatrics, intensive care, palliative medicine, clinical research, unproven methods in diagnostics and treatment, and the role of physicians who aren’t directly responsible for patient care. The last part presents students’ seminars with case stories. The book offers a valuable resource for physicians of all specialties, students of medicine, professionals, and students from other fields devoted to human health, journalists, and general readers with an interest in medicine.
International Law and Humanitarian Assistance
by Andrej Zwitter Hans-Joachim HeintzeIt is becoming increasingly apparent that there are major gaps in International Humanitarian Law and Public International Law in the area of humanitarian assistance. In response international organizations such as the UN and the EU are developing their own legal frameworks for humanitarian assistance and the body of customary law and so-called international disaster response law is growing steadily. This however shows that a coherent body of law is far from being a given. The legal reality of international law pertaining to emergency response is rather broadly spread over various international legal fields and related documents, covering situations of armed conflict and natural disasters. This book is one of the first attempts of linking different legal areas in the growing field of what could be called the international law of humanitarian assistance.
Peacemaking, Religious Belief and the Rule of Law: The Struggle between Dictatorship and Democracy in Syria and Beyond (Routledge Research in International Law)
by Paul J. ZwierThis book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace agreements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities. The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice. The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders’ religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.
Principled Negotiation and Mediation in the International Arena
by Paul J. ZwierThis book argues that it can be beneficial for the United States to talk with 'evil' – terrorists and other bad actors – if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.
Money for Nothing: How the Failure of Corporate Boards Is Ruining American Business and Costing Us Trillions
by David Zweig John GillespieA Bank of America director questioned the CEO's $76 million pay package in a year when the bank was laying off 12,600 workers and found herself dropped from the board without notice a few months later. According to their employment agreements -- approved by boards -- 96 percent of large company CEOs have guarantees that do not allow them to be fired "for cause" for unsatisfactory performance, which means they can walk away with huge payouts, and 49 percent cannot be fired even for breaking the law by failing in their fiduciary duties to shareholders. The General Motors board gave CEO Rick Wagoner a 64 percent pay raise -- to $15.7 million -- in 2007, when the company lost $38.7 billion. The company went bankrupt two years later at a cost of $52 billion to shareholders and another $13.4 billion to all taxpayers. If you own stock -- and 57 million U.S. households do -- every cent of these outrages comes out of your pocket, thanks to boards of directors who are supposed to represent your interests. Every customer, employee, and taxpayer is also being hurt and American business is being imperiled. In the most recent economic collapse, almost all attention has focused on the greed, recklessness, or incompetence of CEOs rather than the negligence of boards, who ought to be held equally, if not more, accountable because the CEOs theoretically work for them. But the world of boards has become an entrenched insiders' club -- virtually free of accountability or personal liability. Too often, corporate boards act as enabling lapdogs rather than trustworthy watchdogs, costing us trillions. Money for Nothing exposes the glaring flaws in this dysfunctional system, including directors who are selected by the CEOs they are meant to hold accountable; compensation consultants who legitimize outrageous pay; accountants and attorneys who see no evil; legal vote buying; rampant conflicts of interest; and much more. Using their extensive original reporting and interviews with high-level insiders, John Gillespie and David Zweig -- both Harvard MBAs with thirty-plus years of Fortune 100 experience at investment banks and media companies -- expose what happened, or failed to happen, in the boardrooms of companies such as Lehman Brothers, General Motors, Bear Stearns, and Countrywide and how it has resulted in so much financial devastation. They reveal how the byzantine yet indestructible web of power and money has brought on collapse after collapse, with fig-leaf reforms that feebly anticipate last year's scandal, but never next year's. Money for Nothing shows how the game is played, and how you can help to demand real change in a badly broken system.
Cultural Heritage in Transition: A Multi-Level Perspective on World Heritage in Germany and the United Kingdom, 1970-2020 (Studies in Art, Heritage, Law and the Market #4)
by Bart ZwegersThis book introduces the multilevel perspective to analyze how local, national, and international actors and institutions in the heritage field interact. More specifically, a comparative study is made of controversies regarding six UNESCO World Heritage sites in Germany and the United Kingdom. The six cases involve traditional monuments (the cathedral of Aachen and the castle and cathedral of Durham), industrial heritage (the Zollverein Coal Mine in Essen and the former tin and copper mines in Cornwall), and cities (Dresden and Liverpool). Studying how long-term landscape developments interact with local actors and nationally organized regimes reveals important differences between the decentralized German and the centralized British approach to heritage preservation. These differences not only have consequences for the governance of heritage preservation in the two countries, but also for their relations with international organizations such as UNESCO.
Commercial and Military Uses of Outer Space (Issues in Space)
by Melissa De Zwart Stacey HendersonThis edited book brings together a diverse range of chapters on space related topics. The authors included in this book are drawn from Australia and overseas, from academia, government, industry, civil society and the military. This book contains chapters that cover topics such as law, science, archaeology, defence, policy, and more, all with a focus on space. This edited collection is a timely international and interdisciplinary book, which addresses some of the contemporary issues facing activities in space and those attempting to understand, use and regulate the space domain. This edited book seeks to normalise the role of women as experts in the space sector, by not calling attention to the fact that all the authors are women – they are all experts in their respective fields who just happen to be women. Bringing together these contributions in this book in turn promotes the inclusion of diversity in the space sector. This edited collection is an opportunity to influence the development of the space industry – in terms of gender diversity, and diversity of disciplines and thinking – while it is in its formative stage, rather than trying to redress imbalances once they are entrenched in the industry.
The Law of Obligations in Central and Southeast Europe: Recodification and Recent Developments
by Zvonimir Slakoper; Ivan TotThe Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.
Rule of Law Dynamics
by Michael Zürn André Nollkaemper Randall PeerenboomThis volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Animals, Political Liberalism and Public Reason
by Federico ZuoloThis book explores the problem of disagreement concerning the treatment of animals in a liberal society. Current laws include an unprecedented concern for animal welfare, yet disagreement remains pervasive. This issue has so far been neglected both in political philosophy and animal ethics. Although starting from disagreement has been the hallmark of many politically liberal theories, none have been devoted to the treatment of animals, and conversely, most theories in animal ethics do not take the disagreement on this issue seriously. Bridging this divide with a change of perspective, Zuolo argues that we should begin from the disagreement on the moral status of animals and the treatment we owe them. Reconstructing the epistemic nature of disagreement about animals, Zuolo proposes a novel form of public justification to find principles acceptable to all. By setting out a unified framework which honours the liberal principles of respect for diversity, a robust liberal political theory capable of dealing with diverse forms of disagreement, and even some forms of radical dissent, is achieved.
Justice Framed: A Genealogy of Transitional Justice
by Marcos ZuninoWhy are certain responses to past human rights violations considered instances of transitional justice while others are disregarded? This study interrogates the history of the discourse and practice of the field to answer that question. Zunino argues that a number of characteristics inherited as transitional justice emerged as a discourse in the 1980s and 1990s have shaped which practices of the present and the past are now regarded as valid responses to past human rights violations. He traces these influential characteristics from Argentina's transition to democracy in 1983, the end of communism in Eastern Europe, the development of international criminal justice, and the South African truth commission of 1995. Through an analysis of the post-World War II period, the decolonisation process and the Cold War, Zunino identifies a series of episodes and mechanisms omitted from the history of transitional justice because they did not conform to its accepted characteristics.
The Inter American Court of Human Rights: The Legitimacy of International Courts and Tribunals
by Natalia Torres ZúñigaThis book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.
Pluralist Politics, Relational Worlds: Vulnerability and Care of the Earth
by Didier ZúñigaIn Pluralist Politics, Relational Worlds, Didier Zúñiga examines the possibility for dialogue and mutual understanding in human and more-than-human worlds. The book responds to the need to find more democratic ways of listening to, giving voice to, and caring for the variety of beings that inhabit the earth. Drawing on ecology and sustainability in democratic theory, Zúñiga demonstrates the transformative potential of a relational ethics that is not only concerned with human animals, but also with the multiplicity of beings on earth, and the relationships in which they are enmeshed. The book offers ways of cultivating and fostering the kinds of relations that are needed to maintain human and more-than-human diversity in order for life to persist. It also calls attention to the quality of the relationships that are needed for life to flourish, advancing our understanding of the diversity of pluralism. Pluralist Politics, Relational Worlds ultimately presses us to question our own condition of human animality so that we may reconsider the relations we entertain with one another and with more-than-human forms of life on earth.
Transnational Legal Activism in Global Value Chains: The Ali Enterprises Factory Fire and the Struggle for Justice (Interdisciplinary Studies in Human Rights #6)
by Peer Zumbansen Michael Bader Miriam Saage-Maaß Palvasha ShahabThis open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.
The Many Lives of Transnational Law: Critical Engagements with Jessup's Bold Proposal
by Peer ZumbansenIn 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today.
Emerging Values in Health Care: The Challenge for Professionals
by Paquita De Zulueta David Badcott Chris Swift Srikant Sarangi Bronwen Davies Paul Ballard Andrew Edgar Chrissie Hockley Stephen Pattison Alan Nathan Brian Hurwitz Julia Mckeown Kieran Sweeney Derek Sellman Lynn Knight Moira Dumma Heather Skirton Huw Thomas Roisin Pill Ben HanniganProfessional values in healthcare are in a state of constant and increasingly rapid change. While all professions now emphasise teamwork and collegiality in practice, fewer are inclined to consider shared or differing values across professions. This interdisciplinary volume explains how health care professions and their values have changed over the last forty years, charting where they have come from, where they are now, and how they might develop in the future. There is coverage of a wide range of different professions within healthcare, from GPs, mental health nurses, adult nurses and pharmacists, to NHS managers and chaplains. Chapters are followed by critical responses from senior healthcare practitioners. This original and insightful book will be a valuable resource for academics, researchers, senior healthcare professionals and healthcare managers.
Private Sector Environmental Information and the Law (Routledge Research in International Environmental Law)
by Juliana Zuluaga MadridCurrent advancements in civil rights and environmental activism emphasize the crucial importance of making environmental information widely available to the public, regardless of whether it is in the hands of the government or of corporations, especially when the information is needed to understand and prevent risks for human health and the environment. In the wake of a resurgence of environmental and civil rights activism, conflicts flare between the right of the people to know and the right of private actors to keep certain information hidden, mostly for commercial reasons. This book offers a detailed comparative analysis of how environmental information is being accessed in different countries and jurisdictions, and how these issues are currently being handled by judges and governments. Focusing on the right of access to environmental information held and produced by private actors and the legal issues that emerge when other values and rights are compromised, this book offers an alternative framework to improve on current legal systems, suggesting a more nuanced and balanced approach that takes both set of interests duly into consideration. Providing an integrated approach to public environmental law and private commercial law, the book integrates the arguments from both sides to establish a common ground, defining shared principles and models that provide a solid basis for a robust new system. Reviewing access to private sector information at a truly international level, this book will be relevant to students, academics and practitioners working in these areas.
Kid Pirates: Their Battles, Shipwrecks, & Narrow Escapes (Ten True Tales)
by Allan ZulloSome volunteered. Others were forced to serve. But each of these young people sailed with the world's most feared pirates -- from the notorious Blackbeard and Captain Kidd to Sir Henry Morgan and others. Some of these kids fought side-by-side with the pirates, and others tried to escape. You will never forget their incredible true stories.
Buying a Bride: An Engaging History of Mail-Order Matches
by Marcia A. ZugThere have always been mail-order brides in America--but we haven't always thought about them in the same ways. In Buying a Bride, Marcia A. Zug starts with the so-called "Tobacco Wives" of the Jamestown colony and moves all the way forward to today's modern same-sex mail-order grooms to explore the advantages and disadvantages of mail-order marriage. It's a history of deception, physical abuse, and failed unions. It's also the story of how mail-order marriage can offer women surprising and empowering opportunities. Drawing on a forgotten trove of colorful mail-order marriage court cases, Zug explores the many troubling legal issues that arise in mail-order marriage: domestic abuse and murder, breach of contract, fraud (especially relating to immigration), and human trafficking and prostitution. She tells the story of how mail-order marriage lost the benign reputation it enjoyed in the Civil War era to become more and more reviled over time, and she argues compellingly that it does not entirely deserve its current reputation. While it is a common misperception that women turn to mail-order marriage as a desperate last resort, most mail-order brides are enticed rather than coerced. Since the first mail-order brides arrived on American shores in 1619, mail-order marriage has enabled women to improve both their marital prospects and their legal, political, and social freedoms. Buying A Bride uncovers this history and shows us how mail-order marriage empowers women and should be protected and even encouraged.
The Hidden Wealth of Nations: The Scourge of Tax Havens
by Gabriel ZucmanWe are well aware of the rise of the 1% as the rapid growth of economic inequality has put the majority of the world's wealth in the pockets of fewer and fewer. One much-discussed solution to this imbalance is to significantly increase the rate at which we tax the wealthy. But with an enormous amount of the world's wealth hidden in tax havens--in countries like Switzerland, Luxembourg, and the Cayman Islands--this wealth cannot be fully accounted for and taxed fairly. No one, from economists to bankers to politicians, has been able to quantify exactly how much of the world's assets are currently hidden--until now. Gabriel Zucman is the first economist to offer reliable insight into the actual extent of the world's money held in tax havens. And it's staggering. In The Hidden Wealth of Nations, Zucman offers an inventive and sophisticated approach to quantifying how big the problem is, how tax havens work and are organized, and how we can begin to approach a solution. His research reveals that tax havens are a quickly growing danger to the world economy. In the past five years, the amount of wealth in tax havens has increased over 25%--there has never been as much money held offshore as there is today. This hidden wealth accounts for at least $7. 6 trillion, equivalent to 8% of the global financial assets of households. Fighting the notion that any attempts to vanquish tax havens are futile, since some countries will always offer more advantageous tax rates than others, as well the counter-argument that since the financial crisis tax havens have disappeared, Zucman shows how both sides are actually very wrong. In The Hidden Wealth of Nations he offers an ambitious agenda for reform, focused on ways in which countries can change the incentives of tax havens. Only by first understanding the enormity of the secret wealth can we begin to estimate the kind of actions that would force tax havens to give up their practices. Zucman's work has quickly become the gold standard for quantifying the amount of the world's assets held in havens. In this concise book, he lays out in approachable language how the international banking system works and the dangerous extent to which the large-scale evasion of taxes is undermining the global market as a whole. If we are to find a way to solve the problem of increasing inequality, The Hidden Wealth of Nations is essential reading.
Circular Entrepreneurship: Creating Responsible Enterprise
by Antonella Zucchella Sabine UrbanThis original book explores how the principles of circularity, considered a law of nature but neglected within the materialistic orientation of the industrial age, are becoming attractive again in business and society. Investigation reveals enterprises small and large delivering a stimulating message, from changes in entrepreneurial mindsets to the inclusive use of new technologies and a push for innovation. Zucchella and Urban explore the novel concept of circular enterprise, showing how, with their capacity to innovate, these firms are becoming the most powerful actors of a new, sustainable social order. They examine two fundamental questions: why is this revolution occurring now, and how is it being implemented? Focusing on the most innovative practices, they demonstrate the potential of circular enterprise for industry and wider society, making clear that a new world is emerging.