Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international la
The Model of Poesy is one of the most exciting literary discoveries of recent years. A manuscript treatise on poetics written by William Scott in 1599, at the end of the most revolutionary decade in English literary history, it includes rich discussions of the works of Sidney, Spenser, Shakespeare and their contemporaries. Scott's work presents a powerful and coherent theoretical account of all aspects of poetics, from the nature of representation to the rules of versification, with a commitment to relating theory to contemporary practice. For Scott, any theory of literature must make sense not of the classics but of what English writers are doing now: Scott is at the same time the most scholarly and the most relevant of English Renaissance critics. In this groundbreaking edition, Gavin Alexander presents a text of The Model of Poesy framed by a detailed introduction and an extensive commentary, which together demonstrate the range and value of Scott's thought.
The articles in this volume build up ethnographic analysis complementary to the historiography of South Asian Islam, which has explored the emergence of reformism in the context of specific political and religious circumstances of nineteenth-century British India. Taking up diverse popular and scholarly debates as well as everyday religious practices, this volume also breaks away from the dominant trend of mainstream ethnographic work, which celebrates Sufi-inspired forms of Islam as tolerant, plural, authentic and so on, pitted against a 'reformist' Islam. Urging a more nuanced examination of all forms of reformism and their reception in practice, the contributions here powerfully demonstrate the historical and geographical specificities of reform projects. In doing so, they challenge prevailing perspectives in which substantially different traditions of reform are lumped together into one reified category (often carelessly shorthanded as 'wah'habism') and branded as extremist – if no
This book offers a portrait of the practice of monitoring, reporting, and fact-finding in the domain of human rights, international humanitarian law, and international criminal law. By analyzing the experiences of fifteen missions implemented over the course of the past decade, the book illuminates the key issues that these missions face and offers a roadmap for practitioners working on future missions. This book is the result of a five-year research study led by the Program on Humanitarian Policy and Conflict Research at Harvard University, Massachusetts. Based on extensive interviews conducted with fact-finding practitioners, this book consists of two parts. Part I offers a handbook that details methodological considerations for the design and implementation of fact-finding missions and commissions of inquiry. Part II - which consists of chapters written by scholars and practitioners - presents a more in-depth, scholarly examination of past fact-finding practices.
The first of the nine volume Cambridge History of Christianity series, Origins to Constantine provides a comprehensive overview of the essential events, persons, places and issues involved in the emergence of the Christian religion in the Mediterranean world in the first three centuries. Over thirty essays written by scholarly experts trace this dynamic history from the time of Jesus through to the rise of Imperial Christianity in the fourth century. It provides thoughtful and well-documented analyses of the diverse forms of Christian community, identity and practice that arose within decades of Jesus's death, and which through missionary efforts were soon implanted throughout the Roman Empire. Origins to Constantine examines the distinctive characteristics of Christian groups in each geographical region up to the end of the third century, while also exploring the development of the institutional forms, intellectual practices and theological formulations that would mark Christian histo
Through forty-five creative and concise essays by an international team of authors, this Cambridge History brings the fifteenth century to life for both specialists and general readers. Combining the best qualities of survey texts and scholarly literature, the book offers authoritative overviews of central composers, genres, and musical institutions as well as new and provocative reassessments of the work concept, the boundaries between improvisation and composition, the practice of listening, humanism, musical borrowing, and other topics. Multidisciplinary studies of music and architecture, feasting, poetry, politics, liturgy, and religious devotion rub shoulders with studies of compositional techniques, musical notation, music manuscripts, and reception history. Generously illustrated with figures and examples, this volume paints a vibrant picture of musical life in a period characterized by extraordinary innovation and artistic achievement.
Non participation in armed conflict gives rise to the relevance, role and content of the law of neutrality in contemporary international law. Despite scholarly opinion to the contrary the challenges posed by collective security and the prohibition of the use of force have not made neutrality obsolete. The validity of the law of neutrality is reaffirmed in State practice, mainly in the form of national military manuals, and the case-law of international tribunals. The legal framework of neutrality remains unchanged with respect to most rules. At the same time, it has been adapted to the evolution of the law of the sea as a result of the 1982 UN Law of the Sea Convention, the globalization of trade and the use of cyberspace in armed conflict. This has been achieved mainly through soft law documents and national military manuals. Neutrality, however, remains inapplicable in non-international armed conflict.
Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international la
Access to medical treatment for trans youth occupies a haphazard and dynamic legal landscape. In this comprehensive scholarly analysis of the historical and current legal principles, Steph Jowett examines the medico-legal nexus of regulation of this healthcare in Australia and in England and Wales. This is informed by an in-depth discussion of the medical literature on treatment for trans youth, including clinical guidelines, the outcomes of treatment and outcomes for trans youth who are unable to be treated. With illustrative examples and clear language, Jowett argues that legal barriers to clinical practice should be congruent with and reflect the current state of medical knowledge. Not only does Jowett assess the extent to which key legal decisions have been consistent with medical knowledge in the past, but she offers a nuanced, comparative perspective that will inform reform efforts in the future.
'Ethics' was not developed as a separate branch of philosophy in Buddhist traditions until the modern period, though Buddhist philosophers have always been concerned with the moral significance of thoughts, emotions, intentions, actions, virtues, and precepts. Their most penetrating forms of moral reflection have been developed within disciplines of practice aimed at achieving freedom and peace. This Element first offers a brief overview of Buddhist thought and modern scholarly approaches to its diverse forms of moral reflection. It then explores two of the most prominent philosophers from the main strands of the Indian Buddhist tradition – Buddhaghosa and Śāntideva – in a comparative fashion.
The ways in which young people use language provides fascinating insights into language practice and contact. Written by a team of key scholars in the field, this book describes and theorises 'male, in-group, street-aligned, youth language practice' in urban centres in Africa, exploring the creative use of language, and its function in peer sociality and contestation of social identities. The book contributes to theoretical debates surrounding multimodal language, language contact, standards and variation, and language change. It highlights that 'youth languages' are not to be confused with the urban languages, varieties, and vernaculars of the general population, and that claims of autonomy and candidacy as national languages are flawed. The book demonstrates that the youthful practices of males are nevertheless worthy of scholarly attention: the framing of youth languages within the field of language contact will stimulate situated and comprehensive studies of the role and significa
The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.
The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.
How do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. This is the first systematic comparative study of the world's largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chin
Despite the growing scholarly interest in comparative public law, there remain relatively few works on the subject. Contemporary French Administrative Law aims to redress that imbalance, offering English-language readers an authoritative introduction to the key features of French administrative law and its institutions. The French legal system is among the most well-developed and influential in the world, and, as procedures continually adapt to European and international influences, it has never been more worthy of research, study and interrogation. This book employs a wide range of recent, illustrative cases to demonstrate how French administrative law works both in theory and in practice. Using a systematic approach and covering everything from judicial review to public contracts, this is a highly valuable text for any student or researcher with an interest in French law. The book is also available as Open Access.
Due diligence obligations are typically described by scholars and practitioners as 'elusive', 'weak', and difficult to pin down in the abstract. Challenging these assumptions, this book offers a systematic reconstruction of the foundations of due diligence obligations of states and explores their nature, rationale, content and scope of operation in international law. Tackling due diligence from a general perspective, this book seeks to complement scholarly studies on public international law obligations and their theory. This book will be relevant for academics, practitioners, graduate students across international law and anyone seeking to better conceptualise due diligence under international law and understand how due diligence obligations are operationalised in practice.
Contributors share scholarly and practice-based expertise from their experiences in continuously improving the interrelated dimensions and levels of online education. Their topics include stakeholders
By the late 1980s the concept of the work had slipped out of sight, consigned to its last refuge in the library catalogue as concepts of discourse and text took its place. Scholarly editors, who depended on it, found no grounding in literary theory for their practice. But fundamental ideas do not go away, and the work is proving to be one of them. New interest in the activity of the reader in the work has broadened the concept, extending it historically and sweeping away its once-supposed aesthetic objecthood. Concurrently, the advent of digital scholarly editions is recasting the editorial endeavour. The Work and The Reader in Literary Studies tests its argument against a range of book-historically inflected case-studies from Hamlet editions to Romantic poetry archives to the writing practices of Joseph Conrad and D. H. Lawrence. It newly justifies the practice of close reading in the digital age.
Well known for his contrarianism and solitude, Henry David Thoreau was nonetheless deeply responsive to the world around him. His writings bear the traces of his wide-ranging reading, travels, political interests, and social influences. Henry David Thoreau in Context brings together leading scholars of Thoreau and nineteenth-century American literature and culture and presents original research, valuable synthesis of historical and scholarly sources, and innovative readings of Thoreau's texts. Across thirty-four chapters, this collection reveals a Thoreau deeply concerned with and shaped by a diverse range of environments, intellectual traditions, social issues, and modes of scientific practice. Essays also illuminate important posthumous contexts and consider the specific challenges of contextualizing Thoreau today. This collection provides a rich understanding of Thoreau and nineteenth-century American literature, political activism, and environmentalist thinking that will be a vital
This Companion offers a compelling survey of American literature in the 1930s. These thirteen new essays by accomplished scholars in the field provide re-examinations of crucial trends in the decade: the rise of the proletarian novel; the intersection of radical politics and experimental aesthetics; the documentary turn; the rise of left-wing theatres; popular fictional genres; the impact of Marxist thought on African-American historical writing; the relation of modernist prose to mass entertainment. Placing such issues in their political and economic contexts, this Companion constitutes an excellent introduction to a vital area of critical and scholarly inquiry. This collection also functions as a valuable reference guide to Depression-era cultural practice, furnishing readers with a chronology of important historical events in the decade and crucial publication dates, as well as a wide-ranging bibliography for those interested in reading further into the field.
