Diese Abhandlung untersucht die Frage, ob internationale Richtlinien für die Gentechnologie, insbesondere im Hinblick auf "genetische Verbesserungen" , wünschenswert und machbar erscheinen. Es wird die Auffassung vertreten, daß die Forderung nach solchen internationalen Richtlinien sich unüberwindlichen praktischen Hindernissen gegenübersieht. Den Hintergrund für diese Auffassung bilden die Ambivalenz des Richtlinienkonzepts, das Fehlen einer Autorität, die solche Richtlinien in Kraft setzen könnte, mangelnder Konsens über zentrale Normen oder Werte, die in die Richtlinien einbezogen werden könnten, der Widerstand sowohl von Seiten der Wissenschaft (...) als auch der privaten Wirtschaft gegen solche Richtlinien und schließlich die öffentliche Forderung nach der Einführung von Methoden "genetischer Verbesserung". Die Forschung über Methoden "genetischer Verbesserung" hat schon begonnen und wird sich ohne Zweifel fortsetzen. Es wird daher in diesem Beitrag vorgeschlagen, daß öffentliche Mittel zur Unterstützung der Forschung über "genetische Verbesserung" zur Verfügung gestellt werden, um sicher zu stellen, daß Forschung dieser Art angemessene vorhergehende Begutachtung und andauernde Überwachung erfährt. Öffentlichkeit, Vorausschau und Kritik können uns helfen, vom Mißbrauch des Menschen als Forschungsobjekt und rücksichtslosem Forscherdrang weg und hin zu akzeptablen Formen der "genetischen Verbesserung" zu kommen. This essay explores whether international guidelines in genetics, specifically regarding genetic enhancement, are desirable and feasible. It is argued that the quest for international guidelines faces insuperable practical obstacles. These include the ambiguity of the concept of guidelines, no authoritative body to issue guidelines, lack of consensus about substantive norms or values to be incorporated into guidelines, resistance from the scientific as well as the private business sector to guidelines, and public demand for genetic enhancement. Genetic enhancement research has already begun and will no doubt continue. It is proposed that public funding for genetic enhancement research be provided to ensure that such research receives adequate prior review and continual monitoring. Publicity, oversight, and critique can help steer us away from abuses of human research subjects and reckless science toward acceptable forms of genetic enhancement. (shrink)

The concept of 'sustainable development' as used by the Brundtland Commission was meant to separate environmental policy from distributional conflicts. Increases in income sometimes are beneficial for the environment, but higher incomes have meant higher emissions of greenhouse gases, and higher rates of genetic erosion. In the aftermath of the Rio conference of June 1992, this article analyses some unavoidable links between distributional conflicts and environmental policy. Often, environmental movements have tried to keep environmental resources and services outside the market, (...) but there are now attempts to establish property rights on, and to give money values to environmental resources and services, such as agricultural genetic resources and the CO2 absorption facility provided by the oceans and new vegetation. European 'green' proposals to impose an 'eco-tax', and proposals from India to create a world market for CO2 emission permits are considered. The issue raised by the growing Third World agroecology movement, of payment of 'farmers' rights' for in situ agricultural biodiversity is discussed. The article includes a short discussion of the North American free trade agreement between Mexico and the USA, in so far as it involves so-called 'ecological dumping', i.e. trading at values which do not include environmental costs. In the last sections, the article asks how prices in ecologically-extended markets would be formed, how much such prices will depend on distribution, and how much such payments would change distribution of income. Environmental movements of the Poor are faced with the dilemma of keeping environmental resources and services out of the market, or else asking for property rights to be placed on them. (shrink)

The aim of this study was to identify the obstacles facing the application of knowledge management and its impact on performance at Palestine Technical University-Kadoorei from the point of view of employees and to detect the differences between the average views of the study sample on the subject of the study according to some variables such as (gender, nature of work, Education Level, specialization, years of experience). The study followed the descriptive analytical method and the questionnaire as a tool (...) for study. It was distributed to 74 employees. After the questionnaire was distributed, the data was collected and coded and entered into the computer and processed statistically using the SPSS program. The study found that the percentage of approval of the obstacles to the application of knowledge management at Palestine Technical University-Kadoorei differed between few and large, and the relative weight of the axis was complete (68.2). The degree of awareness of the workers of the reality of performance excellence at the University of Palestine Technical-Kadoorei was between medium and very large. There is an impact of the constraints of the application of knowledge management on performance excellence at Palestine Technical University-Kadoorei. In light of the results of the previous study, the researchers recommended that the importance of knowledge management should be taken into account in order to raise the university's reputation and reputation at home and abroad and improve its services to students and the local community. And to promote the exchange of experiences and knowledge with local, regional and international universities in order to enhance the knowledge and preserve it and provide modern and sophisticated scientific techniques and use them in administrative and academic work at the university. (shrink)

The purpose of this paper is to confront a well-known problem in interreligious engagement in European institutions, namely the tendency to exclude contributions that do not conform to certain European expectations. It diagnoses problems produced not only by the problem but by certain solutions to it, and to propose in outline an alternative approach. Chief among these problems is the imperative that members of traditions articulate their deepest moral commitments, in order to secure a common moral ground. This imperative has (...) the unintended but drastic effect of excluding important voices in dialogue. Drawing on the figures of Cordelia (in Shakespeare’s King Lear) and Antigone (in Sophocles’ Antigone) it is argued that forced articulation distorts its objects. The theoretical framework of discussion is drawn from Hegel, Schelling, and Adorno as in interpreted by Alasdair MacIntyre, Charles Taylor, and Andrew Bowie. The originality of the argument is the use of aesthetic theory in German philosophy to inform a critique of attempts to make morality central to interreligious engagement. (shrink)

Switzerland has an excellent culture of medical research and is a melting pot for medical experts with international expertise. Nevertheless, as in other countries, the resources available to medical researchers are not being fully used. Biological samples, which enable a host of medical research studies to be carried out without invasive methods involving patients, are frequently left unused or forgotten. The aim of this study is to examine the experiences of biobank stakeholders regarding the use or underuse of biosamples, in (...) order to develop paths to optimize biosample research. Interviews were carried out with 36 biobank stakeholders in Switzerland concerning their experiences with biosample use, and the possible obstacles at each stage of the process. Interviews revealed that standard operating procedures were the most frequently cited obstacle, although these were not judged to be severe hindrances. Despite a stated desire to develop biosample research, skepticism of sharing networks and wariness of new partnerships were strong themes. Biobanking still functions as an emerging field, in which exchange practices have yet to be established at the national and international levels. Sample exchange continues to function largely based on personal contacts; while this is an inherent feature of competitive medical research, opportunities for large-scale studies may be lost due to excessive caution. (shrink)

This article focuses on the idea of ‘human rights city’ and explores its practice. It starts from the concepts of human rights cities and subsidiarity to explain what a human rights city is and delves into the existing literature identifying the challenges to guarantee human rights in local contexts, such as the legal framework, education and training, the institutional structure, and the resources. Our article is based on an empirical-based study of Madrid Human Rights Plan (2017–2019). We carried out semi-structured (...) interviews, focus group, and participant observation to grasp the obstacles that civil servants encounter in the implementation of the Plan. We identify five types of obstacles that we classify as conceptual, ideological, legal, organisational, and budgetary. Our study questions the idea that the local context, just because of its proximity to the citizenry, is the best equipped level of government to guarantee human rights. Without proper training and resources human rights can be lost in translation. Through the identification of such obstacles in a specific case study, we contribute to the academic debate on human rights in practice with the aim of fostering its guarantee in local contexts. (shrink)

Developing caring competences is considered to be one of the most important aims of undergraduate nursing education and the role of clinical placement is recognised as special in this regard. Students' reflection on caring, their experience and obstacles in being caring is recommended as a key strategy in the process of teaching and studying the nursing discipline. Therefore, the aim of this study was to describe the concept of caring, its manifestations and possible obstacles while caring, as perceived (...) by first‐year nursing students before and after their first clinical placement. Qualitative content analysis of 15 Polish students' narratives written before and after their clinical experience in the form of text‐diaries was undertaken. The findings revealed that students entered their nursing education with a deep humanistic vision of caring both on theoretical and practical levels and the first clinical placement has enriched this vision. Expressive caring was more appreciated by students than the instrumental one and their concept of caring was coherent with the caring behaviours as described in their narratives. Several internal and external obstacles for caring have been reported by students, indicating a specific tension between their ideal of caring and their practical experience of caring in the clinical reality. (shrink)

This paper considers the problems of the integration of independent manipulator control systems. Areas of control of the manipulator are: recognition of objects and obstacles, identification of objects to be grasped, determination of reliable positions by the grasping device, planning of movement of the manipulator to certain positions with avoidance of obstacles, and recognition of slipping or determination of reliable grasping. This issue is a current problem primarily in industry, general-purpose robots, and experimental robots. This paper considers current (...) publications that address these issues. Existing algorithms and approaches have been found in the management of both parts of the robot manipulator and solutions that combine several areas, or the integration of several existing approaches. There is a brief review of current literature and publications on the above algorithms and approaches. The advantages and disadvantages of the considered methods and approaches are determined. There are solutions that cover either some areas or only one of them, which does not meet the requirements of the problem. Using existing approaches, integration points of existing implementations are identified to get the best results. In the process, a system was developed that analyzes the environment, finds obstacles, objects for interaction, poses for grasping, plans the movement of the manipulator to a specific position, and ensures reliable grasping of the object. The next step was to test the system, test the performance, and adjust the parameters for the best results. The resulting system was developed by the research team of RT-Lions, Technik University, Reutlingen. The hardware research robot includes an Intel Realsense camera, a Sawyer Arm manipulator from Rethink Robotics, and an internally grabbing device. (shrink)

_International Perspectives on Intercultural Education_ offers a comprehensive analysis of intercultural education activity as it is practiced in the countries of Australia, New Zealand, Malaysia, the Netherlands, Romania, Spain, England, South Africa, Ghana, Nigeria, the United States, Canada, and Mexico. Chapters by key scholars and practitioners from these nations inform the reader of current educational practice related to diversity. Each author, responding to a common series of guiding questions, presents: *a brief description of the national educational system in her or (...) his country; *descriptive data on demographics in these countries, including data on various subgroups and subcultures and their experiences with the mainstream educational system; * a discussion of the perceived obstacles to addressing intercultural issues in schools and solutions to overcoming these obstacles; and *a comprehensive analysis of intercultural information on how teacher preparation institutions address intercultural education at the present time. An overall concern of each chapter author is how intercultural approaches can be employed to solve the difficulties faced by both individuals and schools while maintaining the cultural integrity of the child. (shrink)

From its very beginning during the fifth century B.C. democracy, as a political regime, has maintained a constant normative nucleus; equality and freedom among its members. But it also presents notorious discontinuities in the institutional internal organization. Modern democracies are equally indebted to two traditions; on the one hand popular sovereignty, under the form of either direct democracy or republican mixed constitution, and innate subjective rights on the other. Democracy resolved the dilemmas that emerged from opposed interests through two (...) ways: representation, which enables it to incorporate them in a reduced collegiate body, within which deliberation and consensus is possible, and also through the universal election of representatives and governors by pre-established periods of time. This institutional schema is dangerously falling apart due to domestic tensions within each nation, on the one hand, and the constriction coming from the globalized economy on the other. (shrink)

Popkin analyzes the role of international actors, notably the United States and the United Nations, and the contributions and limitations of international assistance in efforts to establish accountability and reform the justice system in El Salvador. The author discusses the essential role of civil society in attempts to establish accountability and an effective justice system for all, and looks at the reasons for and the consequences of the limited role played by Salvadorean civil society. She also addresses the challenges facing (...) democratic reform efforts in the context of a postwar crime wave. _Peace Without Justice_ grew out of Margaret Popkin’s extensive experience working as a human rights advocate in El Salvador during the armed conflict and interviews with a variety of Salvadorans and others involved in justice reform and in negotiating and implementing the peace accords. (shrink)

‘Semantic externalism’ is the view that the thought and speech of internally identical subjects can have different contents, depending on facts about their environments. ‘Semantic internalism’ is the negation of this view. The details of these two views depend on the definition of ‘internal identity’. Katalin Farkas has shown that the traditional definition of internal identity as physical identity is too permissive: it misclassifies certain bodily states as internal. She has proposed defining internal identity as phenomenal (...) identity instead. In the critical part of my paper, I argue that Farkas’s proposal fails for being too restrictive: it misclassifies non-conscious mental states, most notably dispositional belief, as external. I consider two interpretations of Farkas’s proposal but conclude that neither succeeds, because each requires internal features to influence the subject’s phenomenal life in a way in which dispositional belief does not. In the constructive part of my paper, I consider dispositional identity as an alternative definition of internal identity. I argue that the dispositional-identity definition avoids the phenomenal-identity definition’s shortcoming and retains its main attraction, viz., that of securing the subjective indistinguishability that obtains between Twin Earth duplicates. My argument that it does the latter, however, faces potentially decisive obstacles. Thus, I retreat to a disjunctive proposal: internal identity should be defined either as dispositional identity or as dispositional-plus-phenomenal identity. I conclude by defending my proposal against a different charge that may be levelled against it, viz., that of misclassifying Cartesian dualism as an externalist theory of the mind. (shrink)

This article tries to explain why it was impossible for Rawls to develop a normative theory of justice for international relations; something that has been demanded by some rawlsian thinkers (Beitz, Pogge, etc.). There were two obstacles for such an enterprise. On one hand, the link established by the philosophical tradition between justice, as a political virtue, and the political unity (polis, national-state, etc.). On the other hand, Rawls’ meta-philosophical decisions, which make his a ‘post-metaphysical’ and ‘strictly political’ theory (...) of justice. (shrink)

A famous puzzle called “Grandmother Paradox” is used to argue against the feasibility of traveling backward in time because of the logical and nomological problems such travel involves, and not only because we don’t have the technology to make it reality. The same kind of problems would be encountered in leaping forward in time and then returning to the time of departure. We argue that a similar family of problems also arise in our having foreknowledge of the future without making (...) any time travel. We point to the mysterious consequences of having access to a being, say a machine or a psychic, that can have infallible knowledge of the future and conveys this foreknowledge to human beings truthfully, without any lies or distortions. The cause of these mysterious consequences is the fact that such machines or psychics will raise logical and nomological complications reminiscent of the ones we encounter in time travel scenarios, and that is a strong reason why infallible foretellers cannot exist. We conclude that we can have foreknowledge of the future, in principle, only within certain narrow limits, if at all. (shrink)

There are longstanding calls for international organizations to be more inclusive of the voices and interests of people whose lives they affect. There is nevertheless widespread disagreement among practitioners and political theorists over who ought to be included in IO decision-making and by what means. This paper focuses on the inclusion of IOs’ ‘intended beneficiaries,’ both in principle and practice. It argues that IOs’ intended beneficiaries have particularly strong normative claims for inclusion because IOs can affect their vital interests and (...) their political agency. It then examines how these claims to inclusion might be feasibly addressed. The paper proposes a model of inclusion via representation and communication, or ‘mediated inclusion.’ An examination of existing practices in global governance reveals significant opportunities for the mediated inclusion of IOs’ intended beneficiaries, as well as pervasive obstacles. The paper concludes that the inclusion of intended beneficiaries by IOs is both appropriate and feasible. (shrink)

The conscientious refusal to dispense emergency contraception is legally protected in fourteen states. While the ethical dimensions of these objections have been explored within moral and feminist philosophy, conscientious refusal to the over-the-counter sale of EC has not been significantly studied through an egalitarian lens, especially with attention to the existing reproductive healthcare landscape in which these refusals occur. This article argues, through Amartya Sen’s capability approach, that conscientious refusal to EC creates a burdensome inequality for people wishing to prevent (...) pregnancy that manifests within a background of historical injustices, elevating its importance in our weighing of capabilities. (shrink)

Kegley argues that the greatest obstacle to the creation of a mechanism for multilateral peacekeeping is an absence of a moral consensus in a world where the nature of rapidly changing threats to global peace make it difficult to share a common vision.

If you’ve read the first five hundred pages of this book, you’ve read most of it (we assume that ‘most’ requires more than ‘more than half’). The set of natural numbers n such that the first n pages are most of this book is nonempty. Therefore, by the least number principle, it has a least member k. What is k? We do not know. We have no idea how to find out. The obstacle is something about the term ‘most’. It (...) is recognisably the same feature as the feature of ‘heap’ that prevents us from finding an answer to the question ‘How many grains make a heap?’ and the feature of many other expressions that prevents us from finding answers to similar questions involving them. Call this feature, whatever its underlying nature, vagueness. (shrink)

The perspectives of Ukraine which are outlined by the notion of the “Ukrainian project”, and determined by potential of development of civil society, as congruent with perspectives of steady international development for the sake of collaboration and peace, are examined in the article. Determination of such basic analytical notions as discursive practices of “prevailing” and “understanding” is offered with this purpose. Discourse is considered as reason for choice and giving the advantage to one meaning over the others that is set (...) in the certain modes of signification. Discourse of understanding – is the process of creation of such knowledge, the nominative function of which stops being the function of power, and becomes the instrument of the renewed perception and understanding at new level of communicative space. As discursive reality is reflected not only on the methods of thinking, but also on the practical behaviour of people, we have warrants to speak about its ethical conditionality and the corresponding discursive‐ethical practices of “freedom and authenticity”, “paternalism and clientism” and “nihilism and anarchy”. Last two discursive-ethical practices are examined as obstacles on the way to realization of the “Ukrainian project” in relation to itsdemocratic development in direction to the civilization values common with the European Union. (shrink)

The goal of this paper is examine the recent literature on the intersection between philosophical pragmatism and International Relations (IR), including IR theory and IR research methodology. One of the obstacles to motivating pragmatist IR theories and research methodologies, I contend, is the difficulty of defining pragmatism, particularly whether there is a need for a more generic definition of pragmatism or one narrowly tailored to the goals of IR theorists and researchers.

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

Humanitarian aid professionals frequently encounter situations in which one is conscious of the morally appropriate action but cannot take it because of institutional obstacles. Dilemmas like this are likely to result in a specific kind of stress reaction at the individual level, labeled as moral stress. In our study, 16 individuals working with international humanitarian aid and rescue operations participated in semistructured interviews, analyzed in accordance with a grounded theory approach. A theoretical model of ethical decision making from a (...) moral stress perspective was developed. The practical implications of the study are discussed. (shrink)

There are two contrasting cultures in every religious tradition, the holy war and peaceable garden cultures. Examples are given for Christianity, Judaism, and Islam. Conflict is basic to human existence, stemming from the uniqueness of human individuals and their groups. Churches, instead of helping their societies develop the middle‐ground skills of negotiation and mediation, have insisted on a choice between two extreme behaviors: unitive love or destruction of the enemy. In international affairs this has led to the identification of the (...) church with the state in wartime and kept it from claiming the important middle ground of peacemaking. Institutionalized religion can pick up its missed opportunities. (shrink)

PurposeThe purpose of this paper is to demonstrate that libraries do not inevitably arise from the aggregation of information, and to apply this result to critique the meaningfulness of the idea of a “digital library.”Design/methodology/approachThree independent arguments demonstrate that libraries are more than the sum of the books that they contain: first, the logical argument, which analyses the internal consistency of claims for the superiority of electronic formats; second, the semantic argument, which examines ordinary language to isolate the core (...) requirements of what it means to be a “library”; and third, the ethical argument, which identifies the source of the unique phenomenological experience of encounter with the library.FindingsIt is found that the three arguments each refute the view that “library” is the collective noun for “book,” and argue instead that it is an emergent concept that offers to its community a reflection of the local cultural knowledge through the ordinary selection and organization practices that distinguish libraries from other book accumulations. Against that understanding the idea of a comprehensive and universal digital library fails on the essential criteria of selectivity and organization. While such products can be powerfully useful, they offer something distinct from libraries. When we lose sight of this difference we risk losing the inherent and irreducible values embodied by libraries.Originality/valueThe paper's arguments provide a reasoned infrastructure to several beliefs that are both common and unexamined. (shrink)

Literature on categorization often invokes historical legacies to explain why states adhere to statistical categories that inadequately capture their population, and especially minority groups. The failure of the 2011 German census to produce reliable numbers on the country’s largest religious minority, Muslims, could be viewed as a case in point. However, this ignores the fact that in the late 1980s officials successfully counted Muslims. This article traces how officials changed their approach to Muslim enumeration over the course of designing the (...) 2011 census. Drawing on internal ministerial documents and interviews, I show that the reversal of statistical visibility was the result of a recoupling process. Through this process, old state-religion laws that officials had previously ignored now became rigorously applied to the census. An extra-statistical debate on religious education triggered this recoupling by reviving narrow, legal categories of religion and alerting church representatives and legal experts to imprecise census terms. Using the German case and other empirical examples, I describe a more uneven influence of historical legacies than commonly suggested by research on categorization. Rather than viewing legacies as having a stable, or even growing, influence on categorization, I argue that they only take effect when they become politicized and enforced by powerful actors. I call for a more nuanced analysis of the role historical factors play in determining trajectories of census categorization, especially those that are invoked to explain the reluctance of European states to collect ethno-cultural data. (shrink)

Tax havens and tax secrecy have risen to the top of the global policy agenda and may constitute the most important impediment for reducing inequalities. Moreover, complex corporate structures allow charging for services undertaken in various countries through one low-tax country. Transferring profits to low-tax jurisdictions will significantly reduce a multinational corporation’s overall tax burden. Individuals are assisted in opening shell corporations that officially own bank accounts where the real owner is not revealed. Reducing this practice of tax dodging has (...) proven to be difficult, despite substantial efforts by several international organizations and states over the last decade. It is too easy to be removed from the list of tax havens; mere membership in OECD’s Global Forum on Transparency and Exchange of Information for Tax Purposes qualifies. Tax dodgers add to global inequalities and severely weaken states’ capacity to undertake their task of creating a solid tax base, embedded in the principle that all actors are taxed according to the income generated in each country. A weak tax base will lead to less trust, more violence and more deaths. Keywords: country-by-country reporting, EU, OECD, tax avoidance, tax evasion, tax havens. (shrink)

The risk posed to the community by possible xenozoonosis after xenotransplantation suggests that some form of 'community consent' is required before whole organ animal-to-human xenotransplantation should take place. I argue that this requirement places greater obstacles in the path of ethical xenotransplantation than has previously been recognised. The relevant community is global and there are no existing institutions with democratic credentials sufficient to establish this consent. The distribution of the risks and benefits from xenotransplantation also means that consent is (...) unlikely to be forthcoming. Proceeding on the basis of hypothetical consent to a package of global health measures that includes xenotransplantation, as Rothblatt has recently advocated, is more problematic than she acknowledges. Given that it may place the lives of citizens of poor nations at risk to benefit the citizens of wealthy nations, xenotransplantation raises significant questions of international justice. (shrink)

This Paper suggests that the answer to the question “what is domestic labor law for?”—commonly regarded as securing “justice against markets” or a justified tax on market activity—has informed the search for the answer for the question “what is international labor law for.” This is reflected in what this Paper refers to as P2, which provides that “the failure of any country to adopt humane conditions of labor is an obstacle in the way of other nations which desire to improve (...) the conditions in their own countries.” P2 envisions a “race to the bottom” by rational states trapped in a Prisoner’s Dilemma game. The author maintains that this cannot be the objective of ILO which cannot stop “the race” given its deficient enforcement mechanisms to ensure compliance. This Paper suggests an alternative raison d’etre for the ILO, which is called P1, namely social justice: “universal peace can only be established if it is based upon social justice.” P1 reflects what states actually seek to achieve. Following Sen, this Paper suggests that there is no tradeoff between social justice and economic efficiency. Therefore the promotion of labor rights by the ILO will contribute both to social justice and to economic success. Thus the ILO should promote international labor law so as to lead member states to pursue their self-interest which is consistent with the collective goal of humanity. (shrink)

Korey provides a description of the long struggle for ratification of the Genocide Convention, detailing decades of work by a committee of fifty-two nongovernmental organizations lobbying the Senate and the American Bar Association, the treaty's key opponent.

Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the manifestations of world poverty, (...) inviting the reader to rethink human rights, and, in particular, the framing of responsibilities that are essential to their contemporary protection. (shrink)

This book on Philosophy for Children is a compilation of articles written by its founders and the movement's leaders worldwide. These articles have been prepared in the dialogue and interview format. Part I explains the genesis of the movement, its philosophical and theoretical foundations. Part II examines the specialized uses of philosophical dialogues in teaching philosophy, morality, ethics and sciences. Part III examines the theoretical concerns such as the aims of the method in regards to the search for truth or (...) sense of meaning, or the debate on the novel or short stories and its characteristics. Part IV explains the practices of P4C worldwide and the issue of cultural differences, the ways of the community of inquiry and the necessary adaptation to suit local concerns. The book concludes with a notable review of the progress of P4C, the obstacles, and its international spread to over 60 countries. These penetrating insights make the book an incredibly rich resource for anyone interested in or involved with implementing a P4C programme. Brave Old Subject, Brave New World Teaching Science and Morality Via P4C Showing Children can do Philosophy. (shrink)

Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the manifestations of world poverty, (...) inviting the reader to rethink human rights, and, in particular, the framing of responsibilities that are essential to their contemporary protection. (shrink)

This chapter first outlines the three main phases of the development of the single market, together with the impetus and philosophy underpinning it. The idea behind the original European Economic Community (EEC) Treaty was simple: barriers to free movement of goods, persons, services, and capital would be removed through the use of treaty provisions that prohibited obstacles to free movement. One aspects of the single market have been reformed following the crisis, notably financial services. The legislature is increasingly moving (...) towards the use of regulations, rather than directives, to ensure greater uniformity and maximum as opposed to minimum harmonization to remove the possibility of national variation. The chapter then examines some of the challenges facing the single market. The challenges essentially concern questions of competence, sovereignty and effectiveness. There are two main approaches to attaining a common market, namely decentralized model and centralized model. (shrink)

Recent years have seen a notable increase in the production of scientific expertise by large multidisciplinary groups. The issue we address is how reports may be written by such groups in spite of their size and of formidable obstacles: complexity of subject matter, uncertainty, and scientific disagreement. Our focus is on the International Panel on Climate Change, unquestionably the best-known case of such collective scientific expertise. What we show is that the organization of work within the IPCC aims to (...) make it possible to produce documents that are indeed expert reports. To do so, we first put forward the epistemic norms that apply to expert reports in general, that is, the properties that reports should have in order to be useful and to help decision-making. Section 2 claims that these properties are: intelligibility, relevance and accuracy. Based on this analysis, section 3 points to the difficulties of having IPCC reports indeed satisfying these norms. We then show how the organization of work within the IPCC aims at and to a large extent secures intelligibility, relevance and accuracy, with the result that IPCC reports can be relied on for decision-making. Section 4 focuses on the fundamentals of IPCC’s work organization--that is, division of labour within the IPCC--while section 5 investigates three frameworks that were introduced over the course of the functioning of the IPCC: the reviewing procedure of IPCC reports, the language that IPCC authors use to express uncertainty and the Coupled Model Intercomparison Project. Concluding remarks are offered in section 6. (shrink)

For the process of extending democracy and the rule of law beyond national borders, German public lawyers have developed the concept of a “constitutionalisation of international law.” Let me first explain this concept (I) and then, in a second part, use some aspects of the present European crisis as an example for identifying one major obstacle on the road that eventually may lead us to a political constitution for a multicultural world society without a world government (II).

States’ capacity for using modern information and communication technology to inflict grave harm on enemies has been amply demonstrated in recent years, with many countries reporting large-scale cyberattacks against their military defense systems, water supply, and other critical infrastructure. Currently, no agreed-upon international rules or norms exist to govern international conflict in cyberspace. Many governments prefer to keep it that way. They argue that difficulties of verifiability and challenges posed by rapid technological change rule out agreement on an international cyber (...) convention. Instead, they prefer to rely on informal cooperation and strategic deterrence to limit direct conflict. In this article, I seek to rebut some of the main objections to seeking an international convention on the use of cyber weapons. While there are significant obstacles to achieving effective arms control in the cyber domain, historical experience from other areas of international arms control suggests that none of these obstacles are insurmountable. Furthermore, while most critics of cyberarms control assume that cyberspace favors offensive strategies, closer inspection reveals the dominance of cyber-defensive strategies. This in turn improves prospects for striking an effective international agreement on cyberarms control. (shrink)

This article addresses the question what—if anything—we can and should expect from the practice of international criminal justice. It argues that neither retributive nor purely consequentialist, deterrence-based justifications give sufficient guidance as to what international criminal courts should aim to achieve. Instead, the legal theory of expressivism provides a more viable guide. Contrary to other expressivist views, this article argues for the importance of the trial, not just the punishment, as a form of expressivist messaging. Specifically, we emphasize the communicative (...) aspect of the judicial process. The final section, acknowledging the limited success of international criminal justice so far in terms of fulfilling its expressivist potential, diagnoses the main obstacles to, and opportunities for, expressivist messaging in the contemporary practice of international criminal justice. (shrink)

The unprecedented expression of concern by the UN over the oppression of women in Afghanistan in October 1996, and the apparent subsequent retreat of the organization in May 1998, exemplify both the higher visibility of gender issues in international relations, and the inherent constraints in putting the new policies into practice. The article analyzes how the conceptual evolution of UN approaches to social and economic development and human rights has led to recognition of the centrality of women's empowerment for the (...) achievement of global objectives and hence to a consensus on the need to mainstream a gender perspective in all areas of international activity. It traces this evolution through the world conferences that since the early 1990s have defined international approaches to the challenges of the post-Cold War world in different fields. It also maps out the institutional mechanisms and procedures that have been established to carry out those decisions, and which provide a multiplicity of new avenues for action by women. The article provides a preliminary assessment of the extent to which the new gender-oriented concepts and policies have actually been understood and translated into practice; indicates the obstacles faced; and points out the need for targeted input in a variety of sectors of the international system beyond those traditionally utilized by women. (shrink)

The United Nations is the world's most extensive international organization whose primary task is to create a new international security framework, the maintenance of international peace and security. United Nations not only to retain the World Health Organization, International Labour Organization, International Court of Justice and other international cooperation organizations, to promote throughout the world from Euro-centric changes to the global system, but also provides a world political center stage, but it has not succeeded in expectations of its founders to (...) establish the international security framework and the security of each country to obtain a new world order. The end of the Cold War can finally restore the UN's ability to successfully perform the duties assigned to it by the Charter, or whether the disappearance of confrontation between the superpowers but exposed the establishment of a global structure of international security barrier deep, although it seems after the were more likely, but will wait and see. The United Nations is the most general international organization in the world at present, the primary mission of which is to establish a new international security framework in order to maintain international peace and security. The UN not only preserved international cooperation organs like the World Health Organization , the International Labour Organization, and the International Court of Justice, and facilitated the transformation of the world from a Eurocentric to a global system; but also provided a focus for world politics. But it has not succeeded in creating an international security framework conceived by its fathers and a new world order from which every state gains a security shield. It remains to be seen whether the end of the Cold War will eventually restore the capacity of the UN to fulfil the role set in its Charter; or whether, as scents more likely, the disappearance of superpower confrontation will only reveal deeper systematic obstacles of the creation of an effective global structure of international security. (shrink)

Since the mid-nineteenth century, women in Europe, North America and elsewhere have played an increasing role in the workforce. Women started pursuing jobs in factories, offices and businesses instead of being dependent on men for their livelihood. However, along with this significant improvement in the status of women, they still face obstacles, such as the gender pay gab and harassment in the workplace. Although both males and females experience harassment, the available literature clearly suggests that females are more likely (...) to be harassed. Much of the research concerning workplace harassment against women has been conducted in the West while little is known about this phenomenon in workplaces across the Arab and Muslim countries. In fact, gender relations and the nature of workplaces in Arab countries vary significantly from the Western workplace due to religious, social and cultural traditions. Muslim women live in the midst of patriarchal cultures where women’s honour is believed to be sacred. The ideology of women’s seclusion and subordination resulted in the restriction of their ability to participate in the labour force even where females are in urgent need of earned income. In this regard, harassment considers a crucial subject on various international agendas. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) for instance, reinforces the implementation of legislation that protects women against gender discrimination. Islam in a similar manner respects women and acknowledges their major role within a society. Therefore, as women living in Muslim communities where issues related to sexuality are sensitive, and people are reluctant to discuss such questions in public, this paper aims to discuss women seclusion, the situation of Muslim women with regard to harassment in the workplace, how international human rights deals with harassment as well as the relation between the Islamic jurisprudence and the international human rights with regard harassment in the workplace. (shrink)