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The centre -- Working the gap : migrants' navigation of immigration bureaucracy -- The rules of rule bending -- Becoming an immigration adviser : self-fashioning through bureaucratic practice -- Disjuncture in the documentation regime : the second generation's challenge to citizenship law -- Stepping stone destinations : migration and disappointment
Rules on Paper, Rules in Practice by Edouard Al-Dahdah,Cristina Corduneanu-Huci,Gael Raballand,Myriam Ababsa,Ernest Sergenti,Anya Vodopyanov Pdf
The primary focus of this book is on a specific outcome of the rule of law: the practical enforcement of laws and policies, and the determinants of this enforcement, or lack thereof. Are there significant and persistent differences in implementation across countries? Why are some laws and policies more systematically enforced than others? Are “good†? laws likely to be enacted, and if not, what stands in the way? We answer these questions using a theoretical framework and detailed empirical data and illustrate with case studies from Morocco, Tunisia and Jordan. We believe that the best way to understand the variation in the drafting and implementation of laws and policies is to examine the interests and incentives of those responsible for these tasks †“ policymakers and bureaucrats. If laws and their enforcement offer concrete benefits to these ruling elites, they are more likely to be systematically enforced. If they don't, implementation is selective, discretionary, if not nil. Our first contribution is in extending the application of the concept of the rule of law beyond its traditional focus on specific organizations like the courts and the police, to economic sectors such as customs, taxation and land inheritance, in a search for a direct causal relationship with economic development outcomes. Instead of limiting ourselves to a particular type of organization or a legalistic approach to the rule of law, we present a broader theory of how laws are made and implemented across different types of sectors and organizations. Our second contribution is in demonstrating how powerful interests affect implementation outcomes. The incentives elites have to build and support rule-of-law institutions derive from the distribution of power in society, which is partly a historical given. The point we make is that it is not deterministic. Realigning the incentive structures for reform among key actors and organizations, through accountability and competition, can dramatically improve the chances that rule-of-law institutions will take root. On the other hand, building the capacity of organizations without first changing institutional incentives is likely to lead to perverse outcomes.
Exploring compliance from an anthropological perspective, this book offers a varied and international selection of chapters covering taxation, corporate governance, medicine, development, carbon offsetting, irregular migration and the building trade. Compliance emerges as more than the opposite of resistance: instead, it appears as a valuable heuristic approach for understanding collective life, as these means by which actors strive to accommodate themselves to others. This perspective transcends conventional distinctions between power and resistance, and offers to open up new avenues of anthropological enquiry.
Indigenous Intellectual Property by Matthew Rimmer Pdf
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
Mobility Economies in Europe's Borderlands by Marthe Achtnich Pdf
Tracing migrants' journeys through Libya to Malta, Marthe Achtnich offers a rich, multi-sited ethnography that foregrounds the voices of migrants in Libya and Europe's borderlands. Highlighting how 'mobility economies' shape migrant lives, she considers the complex relationship between mobility and economic practices under contemporary capitalism.
The Handbook of International Humanitarian Law by Dieter Fleck Pdf
The Handbook of International Humanitarian Law sets out a black letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. This is the fourth edition of this influential and comprehensive handbook. It has been extensively updated and revised, taking into account recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues. Areas covered by the book include the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. This Handbook provides an in-depth understanding of the development and current problems of the law of armed conflicts. It considers legal and policy issues both from the views of academics and military and diplomatic practitioners. Finally - and most importantly - it offers a complete account of activities that should be taken to improve the implementation and enforcement of international humanitarian law.
Documents on the Arab-Israeli Conflict by M Cherif Bassiouni Pdf
This comprehensive compilation of some 595 documents on the Arab-Israeli conflict and a variety of related issues includes all the materials the researcher, analyst, and student of this conflict and region needs in a single text, from the years 1897 to 2003. Documents are listed in chronological order because many documents refer to more than one subject. They are, however, identified in the introduction according to subject matter. When different aspects recurred in a number of UN resolutions, only the main document is included, while others are referred to. The compilation is not only about Palestinian issues. It includes all relevant documents between Arab states and Israel, from the armistice agreements (1949), to the peace treaties with Egypt (1979) and Jordan (1994), as well as their protocols and other documents that derive from these treaties. The subject-matter content is as varied as the legal and political issues presented by this conflict. It includes geographical boundaries, refugees, water rights, regional security, elimination of weapons of mass destruction, and, of course, human rights and peace. Published under the Transnational Publishers imprint. The print edition is available as a set of two volumes (9781571052902).
Georg Lukács and the Possibility of Critical Social Ontology by Michael J. Thompson Pdf
Georg Lukács was one of the most important intellectuals and philosophers of the 20th century. His last great work was an systematic social ontology that was an attempt to ground an ethical and critical form of Marxism. This work has only now begun to attract the interest of critical theorists and philosophers intent on reconstructing a critical theory of society as well as a more sophisticated framework for Marxian philosophy. This collection of essays explores the concept of critical social ontology as it was outlined by Georg Lukács and the ways that his ideas can help us construct a more grounded and socially relevant form of social critique.
Agreement for Cooperation Between the U.S. and the International Atomic Energy Agency by United States. Congress. Joint Committee on Atomic Energy. Subcommittee on Agreements for Cooperation Pdf
Reviews the status, prospects, and future plans of the International Atomic Energy Agency, as well as the terms and conditions under which the U.S. will deal with the Agency. Includes report by the President to Congress for the year 1958, "U.S. Participation in the International Atomic Energy Agency" (p. 31-93).
Author : Karl N. Llewellyn Publisher : University of Chicago Press Page : 165 pages File Size : 51,8 Mb Release : 2011-04 Category : Education ISBN : 9780226487953
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
The Code of Federal Regulations of the United States of America by Anonim Pdf
The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
