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While the size of the world's fishing catch remains at a constant level, current fishing practices are placing increasing pressure on stocks, and in turn threatening the communities which rely on them. This work examines the role of international law in dealing with this crisis in world fisheries, discussing the principles of marine living resource management found in contemporary international law, and analysing the means by which those principles are implemented. The study is focused around the two principal approaches to fisheries management: the first based upon maximising the yield of particular stocks, and reflected in the content of the 1982 United Nations Convention on the Law of the Sea; and the second founded on the precautionary approach and the associated notion of risk assessment, which encourage taking into account the management of the entire ecosystem. The author explores the legal bases of these different approaches and charts their development in international law. The work makes a comparative analysis of the two systems with reference to two international conventions, operating in analogous polar environments: the Bering Sea `Doughnut Hole' Convention, designed to preserve the pollock stock in the central area of the Bering Sea; and the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), designed to manage all the elements of the marine ecosystem of the Southern Ocean. The author concludes with a discussion of the difficulties common to both approaches in the area of compliance, and proposes a number of mechanisms by which the management of stocks could be improved.
Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Designed in response to the rapid expansion of interest in this field of law, this book provides readers with a theoretical and practical framework for understanding the principles of private law remedies and how they are applied. Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations. It also includes discussion of theoretical perspectives on issues such as the fusion of common law and equity, the nature of reasonable fee awards and the concept of unjust enrichment. The systematic and accessible approach set out in this book will enable students, practitioners and others to develop an overarching conception of remedial law, and thereby enhance their capacity to analyse legal problems and find the best solutions.
To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
In this major study, leading Austen scholar John Wiltshire offers new interpretations of Jane Austen's six novels, Sense and Sensibility (1811), Pride and Prejudice (1813), Mansfield Park (1814), Emma (1816), Northanger Abbey and Persuasion (1818). Much recent criticism of Austen has concentrated on the social, historical and intellectual context of her work, but Wiltshire turns attention back to Austen's prose techniques. Arguing that each of Austen's works has its own distinct focus and underlying agenda, he shows how Austen's interest in psychology, and especially her treatment of attention and the various forms of memory, helped shape her narratives. Through a series of compelling close readings of key passages in each novel, Wiltshire underscores Austen's unique ability to penetrate the hidden inner motives and impulses of her characters, and reveals some of the secrets of her narrative art.
Since the collapse of the Soviet Union, the United States enjoys unparalleled military power. The international system is therefore unipolar. A quarter century later, however, we still possess no theory of unipolarity. Theory of Unipolar Politics provides one. Dr. Nuno P. Monteiro answers three of the most important questions about the workings of a unipolar world. Is it durable? Is it peaceful? What is the best grand strategy a unipolar power such as the contemporary United States can implement? In our nuclear world, the power preponderance of the United States is potentially durable but likely to produce frequent conflict. Furthermore, in order to maintain its power preponderance, the United States must remain militarily engaged in the world and accommodate the economic growth of its major competitors, namely, China. This strategy, however, will lead Washington to wage war frequently. In sum, military power preponderance brings significant benefits but is not an unalloyed good.
Should we merely celebrate diversity in the sphere of religion? What of the social cohesion of a country? There is a constant tug between belief in religious truth and the need for respect for other religions. Religious Diversity: Philosophical and Political Dimensions examines how far a firm faith can allow for toleration of difference and respect the need for religious freedom. It elucidates the philosophical credentials of different approaches to truth in religion, ranging from a dogmatic fundamentalism to a pluralism that shades into relativism. Must we resort to a secularism that treats all religion as a personal and private matter, with nothing to contribute to discussions about the common good? How should law approach the issue of religious freedom? Introducing the relevance of central discussions in modern philosophy of religion, the book goes on to examine the political implications of increasing religious diversity in a democracy.
Did Ford SAF sabotage the German war effort by deliberately manufacturing fewer vehicles than they could have? Ford SAF claimed after the war that they did. Exploring the nature and limits of industrial collaboration in occupied France, Horn and Imlay trace the wartime activities of Ford Motor Company's French affiliate. The company began making trucks and engine parts for the French military; but from 1940 until Liberation in 1944 was supplying the Wehrmacht. This book offers a fascinating account of how the company negotiated the conflicting demands of the French, German and American authorities to thrive during the war. It sheds important new light on broader issues such as the wartime relationship between private enterprise and state authority; Nazi Germany's economic policies and the nature of the German occupation of France, collaboration and resistance in Vichy France, and the role of American companies in Occupied Europe.
In 2004, Robert F. Lusch and Stephen L. Vargo published their groundbreaking article on the evolution of marketing theory and practice toward "service-dominant (S-D) logic", describing the shift from a product-centred view of markets to a service-led model. Now, in this keenly anticipated book, the authors present a thorough primer on the principles and applications of S-D logic. They describe a clear alternative to the dominant worldview of the heavily planned, production-oriented, profit-maximizing firm, presenting a coherent, organizing framework based on ten foundational premises. The foundational premises of S-D logic have much wider implications beyond marketing for the future of the firm, transcending different industries and contexts, and will provide readers with a deeper sense of why the exchange of service is the fundamental basis of all social and economic exchange. This accessible book will appeal to students, as well as to researchers and practitioners.
Nelson Mandela is one of the most revered figures of our time. His legacy, however, is not uncontested: his decision to embark on an armed struggle in the 1960s, his solitary talks with apartheid officials in the 1980s and the economic policies adopted during his presidency still spark intense debate. The essays in this Companion, written by experts in history, anthropology, jurisprudence, cinema, literature and visual studies, address these and other issues. They examine how Mandela became the icon he is today and consider the meanings and uses of his internationally recognizable image. Their overarching concerns include Mandela's relation to 'tradition' and 'modernity', the impact of his most famous public performances, the oscillation between Africanist and non-racial positions in South Africa, and the politics of gender and national sentiment. The volume concludes with a meditation on Mandela's legacy in the twenty-first century and a detailed guide to further reading.
In Narrating the Crusades, Lee Manion examines crusading's narrative-generating power as it is reflected in English literature from c. 1300 to 1604. By synthesizing key features of crusade discourse into one paradigm, this book identifies and analyzes the kinds of stories crusading produced in England, uncovering new evidence for literary and historical research as well as genre studies. Surveying medieval romances including Richard Cœur de Lion, Sir Isumbras, Octavian, and The Sowdone of Babylone alongside historical practices, chronicles, and treatises, this study shows how different forms of crusading literature address cultural concerns about collective and private action. These insights extend to early modern writing, including Spenser's Faerie Queene, Marlowe's Tamburlaine, and Shakespeare's Othello, providing a richer understanding of how crusading's narrative shaped the beginning of the modern era. This first full-length examination of English crusading literature will be an essential resource for the study of crusading in literary and historical contexts.
Historical sociolinguistics is a comparatively new area of research, investigating difficult questions about language varieties and choices in speech and writing. Jewish historical sociolinguistics is rich in unanswered questions: when does a language become 'Jewish'? What was the origin of Yiddish? How much Hebrew did the average Jew know over the centuries? How was Hebrew re-established as a vernacular and a dominant language? This book explores these and other questions, and shows the extent of scholarly disagreement over the answers. It shows the value of adding a sociolinguistic perspective to issues commonly ignored in standard histories. A vivid commentary on Jewish survival and Jewish speech communities that will be enjoyed by the general reader, and is essential reading for students and researchers interested in the study of Middle Eastern languages, Jewish studies, and sociolinguistics.
To what extent did the Irish disappear from English politics, life and consciousness following the Anglo-Irish War? Mo Moulton offers a new perspective on this question through an analysis of the process by which Ireland and the Irish were redefined in English culture as a feature of personal life and civil society rather than a political threat. Considering the Irish as the first postcolonial minority, she argues that the Irish case demonstrates an English solution to the larger problem of the collapse of multi-ethnic empires in the twentieth century. Drawing on an array of new archival evidence, Moulton discusses the many varieties of Irishness present in England during the 1920s and 1930s, including working-class republicans, relocated southern loyalists, and Irish enthusiasts. The Irish connection was sometimes repressed, but it was never truly forgotten; this book recovers it in settings as diverse as literary societies, sabotage campaigns, drinking clubs, and demonstrations.
Why have seemingly similar African countries developed very different forms of democratic party systems? Despite virtually ubiquitous conditions that are assumed to be challenging to democracy - low levels of economic development, high ethnic heterogeneity, and weak state capacity - nearly two dozen African countries have maintained democratic competition since the early 1990s. Yet the forms of party system competition vary greatly: from highly stable, nationally organized, well-institutionalized party systems to incredibly volatile, particularistic parties in systems with low institutionalization. To explain their divergent development, Rachel Beatty Riedl points to earlier authoritarian strategies to consolidate support and maintain power. The initial stages of democratic opening provides an opportunity for authoritarian incumbents to attempt to shape the rules of the new multiparty system in their own interests, but their power to do so depends on the extent of local support built up over time. The particular form of the party system that emerges from the democratic transition is sustained over time through isomorphic competitive pressures embodied in the new rules of the game, the forms of party organization and the structure of competition that shape party and voter behavior alike.
Discussions surrounding music and ethical responsibility bring to mind arguments about legal ownership and purchase. Yet the many ways in which we experience music with others are usually overlooked. Musical experience and practice always involve relationships with other people, which can place limitations on how we listen to and act upon music. In Music and Ethical Responsibility, Jeff Warren challenges current approaches to music and ethics, drawing upon philosopher Emmanuel Levinas's theory that ethics is the responsibilities that arise from our encounters with other people. Warren examines ethical responsibilities in musical experiences including performing other people's music, noise, negotiating musical meaning, and improvisation. Revealing the diverse roles that music plays in the experience of encountering others, Warren argues that musicians, researchers, and listeners should place ethical responsibility at the heart of musical practices.
Biodiversity change is the biggest environmental problem of our time. It leads to much more than species extinctions, affecting the food we eat, the diseases we face, our vulnerability to fire and flood, and our ability to adapt to climate change. Our Uncommon Heritage explores the many dimensions of human-driven biodiversity change. It integrates ecology, economics and policy to examine the causes and consequences of changes in ecosystems, species and genes, and to identify better ways to manage those changes. It explores the place of biodiversity in the wealth of nations, the rights and responsibilities people have for natural resources at local, regional, national and international levels, and the challenges faced in protecting the common good at the global level. This is an important book for students and researchers in the fields of conservation and sustainability science, ecology, natural resource economics and management. It also has much to say to those engaged in international conservation, health, agriculture, forestry and fisheries policy.
Phase Theory is the latest empirical and conceptual innovation in syntactic theory within the Chomskyan generative tradition. Adopting a cross-linguistic perspective, this book provides an introduction to Phase Theory, tracing the development of phases in minimalist syntax. It reviews both empirical and theoretical arguments in favor of phases, and examines the role phases play at the interface with semantics and phonology. Analyzing current phasehood diagnostics, it applies them in a systematic fashion to a broad range of syntactic categories, both phases and non-phases. It concludes with a discussion of some of the more contentious issues in Phase Theory, involving cross-linguistic variation with respect to phasehood and the dynamic versus static nature of phases.
Cicero's letters are saturated with learned philosophical allusions and arguments. This innovative study shows just how fundamental these are for understanding Cicero's philosophical activities and for explaining the enduring interest of his ethical and political thought. Dr McConnell draws particular attention to Cicero's treatment of Plato's Seventh Letter and his views on the relationship between philosophy and politics. He also illustrates the various ways in which Cicero finds philosophy an appealing and effective mode of self-presentation and a congenial, pointed medium for talking to his peers about ethical and political concerns. The book offers a range of fresh insights into the impressive scope and sophistication of Cicero's epistolary and philosophical practice and the vibrancy of the philosophical environment of the first century BC. A new picture emerges of Cicero the philosopher and philosophy's place in Roman political culture.
Thucydides famously declared his work to be 'a possession for all time', and so it has proved to be, as each age and generation has seen new things to admire in it and take from it. In the last hundred years, Thucydides has been interpreted and invoked in support of many different positions in politics, political theory and international relations. Geoffrey Hawthorn offers a new and highly original reading, one that sees him as neither simply an ancestor nor a colleague but as an unsurpassed guide to a deeper realism about politics. In this account, Thucydides emerges as sensitive to the non-rational and the limits of human agency, sceptical about political speech, resistant to easy generalisations or theoretical reductions, and opposed to any practical, moral or constitutional closure in politics. The book will be of interest to students of politics and classics.
Everyday Violence in the Irish Civil War presents an innovative study of violence perpetrated by and against non-combatants during the Irish Civil War, 1922-3. Drawing from victim accounts of wartime injury as recorded in compensation claims, Dr Gemma Clark sheds new light on hundreds of previously neglected episodes of violence and intimidation - ranging from arson, boycott and animal maiming to assault, murder and sexual violence - that transpired amongst soldiers, civilians and revolutionaries throughout the period of conflict. The author shows us how these micro-level acts, particularly in the counties of Limerick, Tipperary and Waterford, served as an attempt to persecute and purge religious and political minorities and to force redistribution of land. Clark also assesses the international significance of the war, comparing the cruel yet arguably restrained violence that occurred in Ireland with the brutality unleashed in other European conflict zones.
The question of military intervention for humanitarian purposes is a major focus for international law, the United Nations, regional organizations such as NATO, and the foreign policies of nations. Against this background, the 2011 bombing in Libya by Western nations has occasioned renewed interest and concern about armed humanitarian intervention (AHI) and the doctrine of Responsibility to Protect (RtoP). This volume brings together new essays by leading international, philosophical, and political thinkers on the moral and legal issues involved in AHI, and contains both critical and positive views of AHI. Topics include the problem of abuse and needed limitations, the future viability of RtoP and some of its problematic implications, the possibility of AHI providing space for peaceful political protest, and how AHI might be integrated with post-war justice. It is an important collection for those studying political philosophy, international relations, and humanitarian law.
Big data--the enormous amount of data that is created as virtually every movement, transaction, and choice we make becomes digitized--is revolutionizing business. Offering real-world insight and explanations, this book provides a roadmap for organizations looking to develop a profitable big data strategy...and reveals why it's not something they can leave to the I.T. department. Sharing best practices from companies that have implemented a big data strategy including Walmart, InterContinental Hotel Group, Walt Disney, and Shell, Think Bigger covers the most important big data trends affecting organizations, as well as key technologies like Hadoop and MapReduce, and several crucial types of analyses. In addition, the book offers guidance on how to ensure security, and respect the privacy rights of consumers. It also examines in detail how big data is impacting specific industries--and where opportunities can be found. Big data is changing the way businesses--and even governments--are operated and managed. Think Bigger is an essential resource for anyone who wants to ensure that their company isn't left in the dust.
Current books on evolutionary theory all seem to take for granted the fact that students find evolution easy to understand when actually, from a psychological perspective, it is a rather counterintuitive idea. Evolutionary theory, like all scientific theories, is a means to understanding the natural world. Understanding Evolution is intended for undergraduate students in the life sciences, biology teachers or anyone wanting a basic introduction to evolutionary theory. Covering core concepts and the structure of evolutionary explanations, it clarifies both what evolution is about and why so many people find it difficult to grasp. The book provides an introduction to the major concepts and conceptual obstacles to understanding evolution, including the development of Darwin's theory, and a detailed presentation of the most important evolutionary concepts. Bridging the gap between the concepts and conceptual obstacles, Understanding Evolution presents evolutionary theory with a clarity and vision students will quickly appreciate.
Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
This book presents a unique, interdisciplinary approach to disaster risk research, combining cutting-edge natural science and social science methodologies. Bringing together leading scientists, policy makers and practitioners from around the world, it presents the risks of global hazards such as volcanoes, seismic events, landslides, hurricanes, precipitation floods and space weather, and provides real-world hazard case studies from Latin America, the Caribbean, Africa, the Middle East, Asia and the Pacific region. Avoiding complex mathematics, the authors provide insight into topics such as the vulnerability of society, disaster risk reduction policy, relations between disaster policy and climate change, adaptation to hazards, and (re)insurance approaches to extreme events. This is a key resource for academic researchers and graduate students in a wide range of disciplines linked to hazard and risk studies, including geophysics, volcanology, hydrology, atmospheric science, geomorphology, oceanography and remote sensing, and for professionals and policy makers working in disaster prevention and mitigation.
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