No international agreement has been completely effective in reducing slavery. This stems in part from the evolution of slavery agreements and the inclination on the part of the authors of conventions to include other practices as part of the slavery defintion, resulting in a confusion of the practices and definitions of slavery. What has been missing is a classification that is dynamic and yet sufficiently universal to identify slavery no matter how it evolves. We have attempted to build (...) on theories and examples to clarify the identification of slavery by focusing on an irreducible core of three elements. Assessing the presence of all three can then be applied to a variety of social relationships: first, the complete control of one personal by another; second, appropriation of labor power; and third, the enforcement of these conditoins by threats or acts of violence. Many practices identified in international agreements have some but not all of these three aspects; all three are present in traditional forms of slavery, bonded labor, forced prostitution, and sexual slavery. Effective research and legislation against slavery is important, as it affects an estimated 27 million people worldwide, and as slavery is on the increase now that many developing countries are forced to compete for income in a global economy. Finally it is important to remember that slavery, like all social and economic relationships, evolves over time. Any definition that is based on a historical form of slavery will soon lose its power to capture new forms of slavery within its aegis. Our understanding and our definition of slavery must become as dynamic as the phenomenon itself. (shrink)

Public health responses to emerging infectious disease rarely try to interrupt the mobility of goods and information. Rather, designed under the rubric of ‘‘public health security,’’ they extend the rationale of free circulation through efforts to intensify movement and communication between international agencies, national health departments, and the pharmaceutical industry. In this way, public health security extends postliberal modes of transnational regulation. This article examines an unfolding scenario which is testing public health’s fidelity to the ethos of international (...) trade agreements: Indonesia has withdrawn from the World Health Organization’s ‘‘virus-sharing’’ scheme because WHO has facilitated the use of Indonesian samples of H5N1 for the commercial development of potentially profitable vaccines without consultation with the Indonesian labs in which they originated. It has been argued that the Indonesian move is one that contests the current securitization of global health. However, I argue that what we are witnessing is the process of emergence of a distinct form of biological sovereignty in the form of rival global health security aggregates, each working to inject a new form of postliberal sovereignty into the field of global public health. (shrink)

Permit me to direct attention to Academician Kapitsa's colorful remark that we all now live in "communal quarters." But these are shared quarters that we came to after living in private ones, and rules of humanistic communal behavior should be established for its residents. This is one of the basic principles on which the set of measures to improve the environment must be built. Its existence is one of the most important tasks of organizing international collaboration with respect to (...) ecological problems. (shrink)

Written from the point of view of a campaigner against economic globalisation, this paper looks at the recent Multilateral Agreement on Investment (MAI) and the campaign against it which eventually led to its demise. It looks at the nature of the diverse coalition of interests opposed to the MAI, and in particular their use of e‐mail and the Internet, and argues that the success of this campaign has lessons beyond the immediate victory over the forces promoting the MAI. It (...) is argued that the emergence of anti‐globalisation action also contains the seeds of new grassroots forms of ethical social organisation, based in specific but interconnected localities, a cosmopolitan interlocalism, and that this in itself remains a key feature in the short‐ and long‐term success of such action. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, (...) and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, (...) and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

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)

With the ratification of Multilateral Environmental Agreements the countries of the international community or of intentional communities—be they political, economic, financial, securitarian or strategic—endow these instruments of international cooperation with significant autonomy. From the 3550 dates of ratification of these MEAs recorded from 1979 to mid-September 2014, we produce a graph whose vertices are the 48 MEAs and whose links are induced by the succession of ratifications in time. On this basis we propose a diagnosis on the (...) class='Hi'>international acceptance of this type of legal instruments and their vulnerability in a global context that builds on the change in the balance of powers as a result of globalization, the break of the bipolar and then unipolar system, and the rise of new powers. Thus, it appears that a global environmental order has been promoted and implemented with some success in the 90s mainly by liberal Western countries who were then able to lead other countries less likely to bind to the fulfillment of environmental obligations. However, the expansion of this global environmental order now seems frozen, due to the current crisis of multilateralism. The rise of many countries, particularly in the South, whose environmental, political and economic weight grew, confronted with the “stable community” formed in the past 35 years suggests that there is a real power shift in the international arena and consequently, multilateralism needs to reflect this new reality. In other terms, the global environmental order is being slowly reformed. As a consequence, the treaties formed clusters in the past but they did not follow the same pattern since the twenty-first century began. (shrink)

Since 2011, the focus of international negotiations under the UNFCCC has been on producing a new climate agreement to be adopted in 2015. This phase of negotiations is known as the Durban Platform for Enhanced Action. The goal has been to update the global effort on climate for long-term cooperation. In this period, various changes have been contemplated on the design of the architecture of the global climate effort. Whereas previously, the negotiation process consisted of setting mandated targets (...) exclusively for developed countries, the current setting requests of each country to pledge its contribution to the climate effort in the form of Intended Nationally Determined Contributions. The shift away from establishing negotiated targets for rich countries alone towards a universal system of participation through intended contributions raised persistent questions on how exactly the new agreement can ensure equitable terms. How to conceptualize equity within the 2015 climate agreement, and beyond, is the focus of this paper. The paper advances a framework on equity, which moves away from substantive moral conceptions of burden allocation toward refining principles of public reason specially designed for the negotiation process under the UNFCCC. The paper outlines the framework’s main features and discusses how it can serve a facilitating role for multilateral discussion on equity on a long-term basis capable of adapting to changing circumstances. (shrink)

: The March 2003 American preemptive strike on Iraq and related events pose entirely new conceptual questions about the notion of a valid war. A “war on terrorism” goes well beyond any usual version of the “just‐war” concept, which is itself notoriously difficult, if not impossible, to apply in current international circumstances. The implications of the emerging forms of war are examined and are found to bear in an unexpected way on justifying war, “just war,” and justice in distributional (...) and related respects. (shrink)

This paper discusses the relationship between internationalisation, mobility, quality and equality in the context of recent developments in research policy in the European Research Area (ERA). Although these developments are specifically concerned with the growth of research capacity at European level, the issues raised have much broader relevance to those concerned with research policy and highly skilled mobility. The paper draws on a wealth of recent research examining the relationship between mobility and career progression with particular reference to a recently (...) completed empirical study of doctoral mobility in the social sciences (Ackers et al. Doctoral Mobility in the Social Sciences. Report to the NORFACE ERA-Network, 2007). The paper is structured as follows. The first section introduces recent policy developments including the European Charter for Researchers and Code of Conduct for the Recruitment of Researchers and the European Commission’s Green Paper on the ERA. The discussion focuses on concerns around the definition of ‘mobility’ and the tendency (in both policy circles and academic research) to conflate different forms of mobility and to equate these with notions of excellence or quality. Scientific mobility is shaped as much by ‘push’ factors (limited opportunity) as it is by the ‘draw’ of excellence. Scientists are exercising a degree of ‘choice’ within a specific and individualised framework of constraints. The following sections consider some of the ‘professional’ and ‘personal’ factors shaping scientific mobility and the influence that these have on the relationship between mobility, internationalisation and excellence. The paper concludes that mobility is not an outcome in its own right and must not be treated as such (as an implicit indicator of internationalisation). To do so contributes to differential opportunity in scientific labour markets reducing both efficiency and equality. (shrink)

Most proposals for new international agreements aim to address important global challenges. If the goal is to solve problems, then the value of these agreements depends on their ability to influence the world — to shape norms, constrain behavior, facilitate cooperation, and mobilize action. A recent review of empirical studies has suggested that many international agreements fail to achieve their aspirations. The review indicates that the form in which states make commitments to each other — through an (...) international legal agreement or through other means — may not be as important as commonly thought. It is the content of the commitments and how these are supported by mechanisms to encourage implementation that matter the most. When developing proposals for new international agreements, like the one that has recently been proposed to address antibiotic resistance, attention to implementation mechanisms should therefore be equal to if not greater than the attention paid to its form. (shrink)

Undoubtedly the Penrose-Hameroff Orch OR model may be considered as a good theory for describing information processing mechanisms and holistic phenomena in the human brain, but it doesn’t give us satisfactory explanation of human perception. In this work a new approach explaining our perception is introduced, which is in good agreement with Orch OR model and other mainstream science theories such as string theory, loop quantum gravity and holographic principle. It is shown that human perception cannot be explained in (...) the terms of elementary particles and we should introduce new indivisible holistic objects with geometry based on smooth infinitesimal analysis - elastic membranes. The example of such a membrane is our Universe which is an indivisible whole. It is shown that our perception may be considered as the result of elastic oscillations of two dimensional (2D) elastic membranes with closed topology embedded in our bodies. Only one elastic membrane responsible for its perceptions will correspond to the selected organism, but there may be other membranes, even at the cell level. In other words, reality may be considered as the process of time evolution of holistic energetically very weak macro objects - elastic membranes with the geometry based on smooth infinitesimal analysis. An embedded membrane in this multidimensional world will look different for the external and internal observers: from the outside it will look like a material object with smooth infinitesimal geometry, while from the inside our Universe-like space-time fabric. When interacting with elementary particles and other membranes, a membrane will transform their energy into its elastic energy (a new form of energy) - the energy of stretching of the infinitesimal segments. The theory postulates that these elastic deformations will not be observable from the point of view of the internal observer. Heisenberg’s uncertainty principle will work in this physics only from the point of view of the internal observer. For the external observer each embedded elastic membrane may be stretched and even a very small region will become observable. For example, living organisms play the role of internal observers of the Universe, and at the same time they serve as external observers for 2D membranes embedded into our Universe. We can observe our 2D self-membranes through our perceptions, which are encoded in elastic oscillations of the elastic membrane. According to the theory, elastic membranes occupy energetically favorable positions around microtubules involved into Orch OR. The theory not only gives us a really multidimensional holistic picture of reality, but it also provides us with a new method for understanding such phenomena as perception, self-awareness and will. (shrink)

Benefit sharing aims to achieve an equitable exchange between the granting of access to a genetic resource and the provision of compensation. The Convention on Biological Diversity, adopted at the 1992 Earth Summit in Rio de Janeiro, is the only international legal instrument setting out obligations for sharing the benefits derived from the use of biodiversity. The CBD excludes human genetic resources from its scope, however, this article considers whether it should be expanded to include those resources, so as (...) to enable research subjects to claim a share of the benefits to be negotiated on a case-by-case basis. Our conclusion on this question is: 'No, the CBD should not be expanded to include human genetic resources.' There are essential differences between human and non-human genetic resources, and, in the context of research on humans, an essentially fair exchange model is already available between the health care industry and research subjects. Those who contribute to research should receive benefits in the form of accessible new health care products and services, suitable for local health needs and linked to economic prosperity. When this exchange model does not apply, as is often the case in developing countries, individually negotiated benefit sharing agreements between researchers and research subjects should not be used as 'window dressing'. Instead, national governments should focus their finances on the best economic investment they could make; the investment in population health and health research as outlined by the World Health Organization's Commission on Macroeconomics and Health; whilst international barriers to such spending need to be removed. (shrink)

ABSTRACT Educating in a convulsed political context demands a detailed analysis of the new circumstances of our times, especially the current democracy crisis. According to the latest reports issued by international evaluation organisations, one of the greatest challenges for democratic citizenship is the emergence and rise of authoritarianism within the framework of the so-called post-democracy, and also in the manifestations known as illiberal democracy. Moral and civic education has to respond to this challenge. With this in mind, we propose (...) revitalising a participative and deliberative democracy model, rethinking the basic values in citizens' education, redefining the relation between what is public and what is private, and empowering sensitivity and free creation in the new maker culture. (shrink)

Decision 1/cp.17 limits the choice of legal form of a new climate agreement to three options: a protocol, another legal instrument or an agreed outcome with legal force under the Climate Convention. This commentary provides seven reasons for the conclusion that a protocol is the only viable legal option to serve the object and purpose of the convention. The reasons include, inter alia, the exclusion of non-binding, soft law under a ‘result based regime’, multilateralism, a 5 year timeline (...) which indicates a ratification process and the agreements purpose of raising the level of ambition. (shrink)

New words have found their way into the public sphere: we now commonly talk about “confinement”, “barrier-gesture” or “distancing”. The very idea of public space has been transformed: with restrictions on movement and interaction in public; with the reintegration of lives (certain lives) into the home (if there is one) and private space; with the publicization of private space through internet relationships; with the cities’ space occupied, during confinement, by so-called “essential” workers; with the restriction of gatherings and political demonstrations (...) in public space. With these and other recent changes, it is imperative to revisit the concept of public space, which continues to be used as if it were self-evident, despite its profound transformation over the past few decades, in a process of realization and “literalization”. No longer just a comfortable metaphor for reasonable debates, public space has become a concrete reality in the 21th century. This transformation in the various phenomena, such as the occupation of squares and public spaces; the demand for spaces of conversation and expression for those without a voice; the transition of private matters into the public realm through verbal expression; and the expression and circulation of public issues within popular cultures. As a result, the question of public space is increasingly intertwined with that of private spaces, such as the home or individual subjectivities, forming an internal, logical relationship. (shrink)

The Situationist International have become a canonical reference point when discussing artists’ participation in political action or activism. This article attempts to decentre the SI from this position, by tracing their theories and representations of political agency and labour. I argue that their notion of agency is deeply conflicted, epitomized by the dual invocations ‘never work/all power to the workers’ councils. I examine how the SI’s representations of agency betray an attraction to and fascination with 1960s reactionary fantasies around (...) brainwashing, conditioning, control and torture. Their practical descriptions of a constructed situation, which ‘makes people live’ are, in fact, closer to torturous state control than total liberation. The notions of agency they mobilise draw on colonial and classist sources, which actually deny the agency of radical movements. As a result, the SI produce a series of weak fantasies of participation, in which agency is denied and ‘demanding the impossible’ is actually a demand to constitute and police the impossible. Artistic-political agency was both guarded centre and constituent other. The SI’s policing of their identity, tied in name to the agency of ‘situations’, involved the ongoing exclusion and repression of other artists’ more practically-engaged labour within social movements. (shrink)

The importance of youth participation is underlined by international policies, which widely stress youth’s fundamental role in developing more just and sustainable societies. At the same time, disaffection from the more traditional democratic processes is registered by young people, who instead seem to be looking for forms of expression of a different nature. This paper aims to question the forms of participation of young people, offering to consider them as resources for the broader society within the perspective of public (...) pedagogy (Biesta, 2012), suggesting that the institutions let themselves be informed by what is happening. (shrink)

In earlier work, representations ofr nucleons were constructed by taking therth Kronecker product of self-representations of the complete homogeneous Lorentz groupL 0 , where these were in the form of a four-component Dirac spinor with components corresponding to the internal symmetries of spin, parity, and charge. When permutations that include every possible exchange of spin, charge, and coordinate, are factored out, the4 F coordinates of flat Minskowski space are contracted by an isometry φ such that energy levels correspond to (...) troughs or saddle points in the new nuclear manifoldM. This is a symmetric space, and using the critical point theory of Morse for the neighborhood of an energy level, it is found that the symmetry σ associated with φ separatesM into just the sets of rotational and vibrational levels. Furthermore, by employing only one parameter, corresponding to the range of energies encountered, good agreement is found with the experimental levels and state labels of 10 B, 10 Be, 10 C, 10 C, and 10 O. The supermultiplet theory of Wigner is a necessary condition for the existence of the states. (shrink)

Since the beginning of the new millennium, initiatives known as roundtables have been developed to create voluntary sustainability standards for agricultural commodities. Intended to be private and voluntary in nature, these initiatives claim their legitimacy from their ability to ensure the participation of all categories of stakeholders in horizontal participatory and inclusive processes. This article characterizes the political and material instruments employed as the means of formulating agreement and taking a variety of voices into consideration in these arenas. Referring (...) to the specific case of the “Roundtable on Sustainable Palm Oil”, I undertake a detailed analysis of the tensions relating to different forms of participation, which create a gap between “local minority voices” and international stakeholders—either non-governmental organizations or industries. Local communities and small-scale farmers face difficulties when making their voices heard in the form of debate proposed. Firstly, some participants attempt to re-impose a vertical hierarchical relationship between small-scale farmers or affected communities and company managers/directors in order to deprive the former of their powers of representation and of being able to transform reality. Secondly, the liberalism of interest groups in the roundtable accords value to experts, global knowledge, strategy, and detachment, at the expense of other capabilities of rooted or attached people who come to defend their real lives with a desire to raise critical issues of injustice. In this context, I highlight the capacity of local NGOs to relieve some of those tensions and to help locally affected communities and small-scale farmers introduce public stages for debates, by accommodating other forms of participation apart from the liberal one. By being close to and by restoring their dignity through a specific work of solicitude and care, local NGOs prepare affected people for public speaking. (shrink)

Inclusive trade is taking hold in various forms in international organizations and in the trade policy of national governments. Absent empirical evidence that will take time to generate, it can be difficult to assess the achievements of this new approach to trade. Nancy Fraser's three justice idioms provide a conceptual entry point for evaluating the potential of the inclusive trade agenda. Fraser argues that the contemporary global justice conversation must acknowledge claims for recognition, representation, and redistribution. Applying this conceptualization (...) to the inclusive trade agenda shows that trade agreement provisions intended to favor women and Indigenous peoples go some distance in addressing claims for recognition and representation but accomplish less in remedying injustices associated with maldistribution. Therefore, the inclusive trade agenda does significantly advance global justice for marginalized groups, but works primarily in ways that are political and cultural, not economic. (shrink)

The accession and implementation of new generation free trade agreements bring numerous opportunities as well as challenges to Viet Nam, regarding trade, labor and investment. The increasing number of workers abroad puts a pressure on Vietnamese government to support them in new working cultures and environments. The application of chatbot, which has been known to help certain vulnerable groups such as patients, women and migrants could be one of the tools to support Vietnamese migrant workers by providing immediate information, network (...) connection and consultation. Analyzing the results of the qualitative interviews with 11 migrant workers and the group discussion with two sections from three public social media groups and three active informants, the article argues that migrant workers as a vulnerable group who are supposed to be promising users of chatbot due to their great demand and needs, may have a complicated form of trust and expectation in chatbot. (shrink)

The singular message in Global Health Law is that we must strive to achieve global health with justice—improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health—public health, universal health coverage, and the social determinants of health—while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity. A new global (...) health treaty grounded in the right to health and aimed at health equity—a Framework Convention on Global Health —stands out for its possibilities in helping to achieve global health with justice. This far-reaching legal instrument would establish minimum standards for universal health coverage and public health measures, with an accompanying national and international financing framework, require a constant focus on health equity, promote Health in All Policies and global governance for health, and advance the principles of good governance, including accountability. While achieving an FCGH is certainly ambitious, it is a struggle worth the efforts of us all. The treaty’s basis in the right to health, which has been agreed to by all governments, has powerful potential to form the foundation of global governance for health. From interpretations of UN treaty bodies to judgments of national courts, the right to health is now sufficiently articulated to serve this role, with the individual’s right to health best understood as a function of a social, political, and economic environment aimed at equity. However great the political challenge of securing state agreement to the FCGH, it is possible. States have joined other treaties with significant resource requirements and limitations on their sovereignty without significant reciprocal benefits from other states, while important state interests would benefit from the FCGH. And from integrating the FCGH into the existing human rights system to creative forms of compliance and enforcement and strengthened domestic legal and political accountability mechanisms, the treaty stands to improve right to health compliance. The potential for the FCGH to bring the right to health nearer universal reality calls for us to embark on the journey towards securing this global treaty. (shrink)

Environmental issues are among the most critical scientific and social problems of today. The human environment is an environment of inequality and crisis, and a platform for debate on the fairness of social order. The crisis is the result of human behaviour, which reflects the failure of development and unjust distribution of consequences. The gap between rich and poor on a global scale is evident in the disproportionate climate change impacts on countries and their ability to cope. In this respect, (...) the economic and political inequalities between First and Third World countries are fortified by ecological ones. The development of international environmental mechanisms such as the Kyoto Agreement is instrumental in this kind of change. The pursuit of tackling and controlling climate change has its unforeseen consequences, whereas in specific communities the existent inequalities are emphasised in new forms. If mechanisms developed for the environment, such as the market of carbon emissions and the carbon balance, lead to environmental injustice and disproportionately affects vulnerable groups, it raises the question of their purpose. On the path of Rawl’s idea on the fairness of social institutions, such system demonstrates itself as contradictory and unjust. (shrink)

"Thirty-five years ago few could have predicted that The New Science of Politics would be a best-seller by political theory standards. Compressed within the Draconian economy of the six Walgreen lectures is a complete theory of man, society, and history, presented at the most profound and intellectual level. . . . Voegelin's [work] stands out in bold relief from much of what has passed under the name of political science in recent decades. . . . The New Science is aptly (...) titled, for Voegelin makes clear at the outset that a 'return to the specific content' of premodern political theory is out of the question. . . . The subtitle of the book, An Introduction, clearly indicates that The New Science of Politics is an invitation to join the search for the recovery of our full humanity."--From the new Foreword by Dante Germino "This book must be considered one of the most enlightening essays on the character of European politics that has appeared in half a century. . . . This is a book powerful and vivid enough to make agreement or disagreement with even its main thesis relatively unimportant."-- Times Literary Supplement "Voegelin . . . is one of the most distinguished interpreters to Americans of the non-liberal streams of European thought. . . . He brings a remarkable breadth of knowledge, and a historical imagination that ranges frequently into brilliant insights and generalizations."--Francis G. Wilson, American Political Science Review "This book is beautifully constructed . . . his erudition constantly brings a startling illumination."--Martin Wright, International Affairs "A ledestar to thinking men who seek a restoration of political science on the classic and Christian basis . . . a significant accomplishment in the retheorization of our age."--Anthony Harrigan, Christian Century. (shrink)

For statesmen, friendship is the lingua franca of politics. Considering the connections between personal and political friendship, John von Heyking’s The Form of Politics interprets the texts of Plato and Aristotle and emphasizes the role that friendship has in enduring philosophical and contemporary political contexts. Beginning with a discussion on virtue-friendship, described by Aristotle and Plato as an agreement on what qualifies as the pursuit of good, The Form of Politics demonstrates that virtue and political friendship (...) class='Hi'>form a paradoxical relationship in which political friendships need to be nourished by virtue-friendships that transcend the moral and intellectual horizons of the political society. Von Heyking then examines Aristotle’s ethical and political writings – which are set within the boundaries of political life – and Plato’s dialogues on friendship in Lysis and the Laws, which characterize political friendship as festivity. Ultimately, arguing that friendship is the high point of a virtuous political life, von Heyking presents a fresh interpretation of Aristotle and Plato’s political thought, and a new take on the most essential goals in politics. Inviting reassessment of the relationship between friendship and politics by returning to the origins of Western philosophy, The Form of Politics is a lucid work on the foundations of political cooperation. (shrink)

In this article, I critically reassess Iris Marion Young's late works, which centre on the distinction between liability and social connection responsibility. I concur with Young's diagnosis that structural injustices call for a new conception of responsibility, but I reject several core assumptions that underpin her distinction between two models and argue for a different way of conceptualising responsibility to address structural injustices. I show that Young's categorical separation of guilt and responsibility is not supported by the writings of Hannah (...) Arendt, which Young draws on, and that it is also untenable on independent systematic grounds. Furthermore, I argue that several of Young's other criteria fail to clearly demarcate two distinct phenomena. I therefore propose to transcend Young's distinction between two models in favour of a related, but conceptually different distinction between two forms of responsibility: interactional and structural. Embracing this terminology facilitates the conceptualisation of the general features of responsibility that are shared by both forms, including their retrospective and prospective time-direction and their applicability to individual, joint and group agency. The distinction between interactional and structural responsibility also yields a more compelling general account of the role of background structures, and of blame within ascriptions of political responsibility. (shrink)

Ukrainian and Yugoslav Orthodox clergy may often be able to meet at various international religious forums and celebrations held in Ukraine, Yugoslavia, and other countries. Here communication was established between them, which complemented the general tradition of international cooperation of the Ukrainian and Yugoslav public.In recent years, there has been a revival in various forms of relations between the Orthodox Churches of the Slavic countries. This actualizes the study of the history of these relations, the recognition in it (...) of the positive that could carry out a diverse form of night inter-church visitors, the search for ways to unite world Orthodoxy. The study of the directions of inter-church relations indicated by us is necessary because they have in fact fallen out of the field of view of domestic historical science. Only a few works of Ukrainian scientists indirectly address this issue.Thus, OV Pavlyuchenko considers the relations of the Serbian Metropolitan Mykhailo with the Orthodox circles of Ukraine. However, chronologically, his research covers the period only at the end of the XIX century. Thoroughly studying the history of all Orthodox churches, ON Sagan in his study also invites to the interaction of the Ukrainian and Yugoslav Orthodox communities. But, like the previous researcher, ON Sagan mainly deals with issues that took place in the nineteenth century. Various aspects of the history of the Serbian Orthodox Church are also presented in the services of domestic and foreign researchers: EM Chaltseva, KE Skurat, M.N. Bessonova, R. Roberson and others. Their work helps to reveal the influence of other facts from the history of the Serbian PC on the international activities of the Yugoslav Orthodox clergy.Due to the limited research work, our conclusions are based on extensive archival material, which is still little applied to the scientific department. The analysis of archival documents allowed us to trace the interest and needs the sphere of cooperation of the Ukrainian and Yugoslav peoples, who represent a significant part of the Orthodox world, which in general forms our new study. (shrink)

International dispute resolution in general and international arbitration, in particular, is highly affected by the emergence and fast development of innovation-driven technologies. On the one hand, such technologies are cost and time-effective. To name a few, they allow online filing of a case, collecting of e-evidence and remote hearings, among others. On the other hand, they also may lead to some challenges that need to be addressed. The primary concerns comprise e-arbitration agreements and e-awards, as well as cybersecurity (...) and data protection. Therefore, this begs the question of whether such new technologies will significantly impact the dispute resolution landscape and thus become a game-changer therein. This analysis leads to the conclusion that the emergence of new technologies provides an opportunity to establish a long-lasting new standard for international arbitration. (shrink)

The Aristotelian tradition in science, dominant before the advent of modern science, saw real modalities in nature: necessity, possibility, contingency, potentiality, and essence. Throughout the modern period and the early twentieth century, empiricists struggled to maintain that there was nothing to be found between matters of actual fact on the one hand and relations between ideas or words on the other. Probability has the logical form of a modality, but until the twentieth century, it could be construed as a (...) measure of ignorance, or of actual proportions and frequencies, not a basic parameter in nature itself. That changed with the advent of quantum mechanics and the admission of indeterminism as a theoretical possibility. The legitimacy of irreducible probabilities was admitted in the modelling of natural processes. The challenge to the empiricist now is to interpret probability as it appears there, and this includes the larger challenge of displaying an empiricistically acceptable role for modalities in general in the scientific image. This chapter provides a systematic critique of frequentist and propensity interpretations of physical probability, but also characterizes the models of probability theory as constructible from families of sequences constrained by limiting frequencies. This formal agreement with a certain kind of ’ideal frequency’ account is embedded in a philosophical view of modalities in general that turns on an account of the language of science on the level of pragmatics. (shrink)

During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published article, “A New Philosophy for International Law” (2013), which displays some familiar aspects of his views in general jurisprudence, in addition to some novel (though perhaps surprising) arguments as well. This paper argues that (...) the moralized account of international law we might have expected is conspicuously missing from this posthumous article; with Dworkin advancing an argument based on a form of political realism instead. (shrink)

Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d'Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse. In challenging the dominant meaning-centrism of the international legal discourse and shedding light on the sovereignty of forms, this book promotes a radical new (...) attitude towards textuality in international law. The author offers new perspectives on interpretation, critique, history, comparison, translation and referencing, inviting international lawyers to reinvent their engagement with these discourses. Chapters define meaning and form in international law, explore deferral of meaning and make an unprecedented use of post-structuralist theory to rethink international law. After Meaning will be an essential reference point for legal scholars, researchers and students who seek to understand a different way of thinking about meaning in international law. The book's engagement with post-structuralism will also prove beneficial to anyone interested in the philosophy of language and literary theory. (shrink)

Labor rights public-private partnerships are an important and growing phenomenon in corporate governance, even while they are sometimes used instrumentally by business for reputational reasons, and may ultimately fail to transform fundamentally the system they seek to redress.

ABSTRACT Benefit sharing aims to achieve an equitable exchange between the granting of access to a genetic resource and the provision of compensation. The Convention on Biological Diversity (CBD), adopted at the 1992 Earth Summit in Rio de Janeiro, is the only international legal instrument setting out obligations for sharing the benefits derived from the use of biodiversity. The CBD excludes human genetic resources from its scope, however, this article considers whether it should be expanded to include those resources, (...) so as to enable research subjects to claim a share of the benefits to be negotiated on a case‐by‐case basis. Our conclusion on this question is: ‘No, the CBD should not be expanded to include human genetic resources.’ There are essential differences between human and non‐human genetic resources, and, in the context of research on humans, an essentially fair exchange model is already available between the health care industry and research subjects. Those who contribute to research should receive benefits in the form of accessible new health care products and services, suitable for local health needs and linked to economic prosperity (e.g. jobs). When this exchange model does not apply, as is often the case in developing countries, individually negotiated benefit sharing agreements between researchers and research subjects should not be used as ‘window dressing’. Instead, national governments should focus their finances on the best economic investment they could make; the investment in population health and health research as outlined by the World Health Organization’s Commission on Macroeconomics and Health; whilst international barriers to such spending need to be removed. (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)

In recent years, new forms of transnational regulation have emerged, filling the void created by the failure of governments and international institutions to effectively regulate transnational corporations. Among the variety of initiatives addressing social and environmental problems, a growing number of certification systems have appeared in various sectors, particularly agrifood. Most initiatives rely on independent third-party certification to verify compliance with a standard, as it is seen as the most credible route for certification. The effects of third-party audits, however, (...) still need to be empirically investigated. This article provides a critical assessment of the notion of ‘evidence’ which is at the heart of auditing practices. It focuses on the case of the Roundtable on Sustainable Palm Oil (RSPO) and fieldwork carried out in Indonesia, the world’s largest producer of palm oil. In this country, some non-governmental organizations decided to participate in the RSPO in order to use this platform to tackle the issue of land conflicts. They managed to include important clauses regarding indigenous and land rights in the RSPO standard. In practice, however, auditors rarely recognize as valid evidence the forms of proof put forward by local communities. As a result, the whole process risks compounding local power imbalances. (shrink)

The digital educational environment makes it possible to widely implement the network form of education. The report gives an example of the exchange of lectures on bioethics between Rostov, Volgograd, Perm Medical Universities, Pushchino State Natural Science Institute. New opportunities are noted for students, masters and graduate students in familiarizing themselves with the ethical values of life. A proposal is put forward to conclude agreements between universities, as provided for by the Federal Law "On Education in the Russian Federation", (...) on the introduction of a network form of liberal education. And, above all, in the field of bioethics. (shrink)

Data exclusivity is a temporary exclusive user right on the clinical data that need to be submitted to the regulatory authorities to prove that a new drug is safe and effective. For the pharmaceutical industry, data exclusivity is an important addition to the patent system, as data exclusivity will de facto delay the market entry of generic drugs until after the exclusive user rights on the clinical data have expired. In order to assess the normative legitimacy of the industry’s demand (...) to include minimum standards for data exclusivity in international agreements, this chapter evaluates the three justifications that have frequently been advanced, depicting data exclusivity as an essential policy tool to promote innovation, a mechanism to prevent the generic industry from ‘free-riding,’ and a legal instrument to protect the industry’s property rights in clinical data. (shrink)

The form and registration requirements applicable for transfer of close company shares differ in various countries. Discussions on separate related aspects take place in the international business transfer theory and practice. The Lithuanian legal regulation of the said requirements is continually improved, taking into account the experience of other countries and business practice needs. Based on the analysis of the European Union, the Lithuanian and foreign legislation, case law and doctrine, this article is designed for the examination of (...) effectiveness and adequacy of current requirements for the form of share sales transactions as well as expedience of fixing the model of public registration of data about shareholders of a close company. (shrink)

Systems Biology and the Modern Synthesis are recent versions of two classical biological paradigms that are known as structuralism and functionalism, or internalism and externalism. According to functionalism (or externalism), living matter is a fundamentally passive entity that owes its organization to external forces (functions that shape organs) or to an external organizing agent (natural selection). Structuralism (or internalism), is the view that living matter is an intrinsically active entity that is capable of organizing itself from within, with purely internal (...) processes that are based on mathematical principles and physical laws. At the molecular level, the basic mechanism of the Modern Synthesis is molecular copying, the process that leads in the short run to heredity and in the long run to natural selection. The basic mechanism of Systems Biology, instead, is self-assembly, the process by which many supramolecular structures are formed by the spontaneous aggregation of their components. In addition to molecular copying and self-assembly, however, molecular biology has uncovered also a third great mechanism at the heart of life. The existence of the genetic code and of many other organic codes in Nature tells us that molecular coding is a biological reality and we need therefore a framework that accounts for it. This framework is Code biology, the study of the codes of life, a new field of research that brings to light an entirely new dimension of the living world and gives us a completely new understanding of the origin and the evolution of life. (shrink)

My aim in this article is twofold. First, I will illuminate the triangular conceptual connections between responsibility, authority, and power as they are exposed in the organizational realm; second, I will show how the three concepts are distinct. Relying on the work of Peter Strawson and his followers on responsibility for my point of departure, I will show that the connection between the inner corporational authority and its inner matching responsibility is different from the connection between the outer corporational forces (...) and influences and the CSR that they develop in reaction to these. This will expose another important distinction between two kinds of responsibility: the organizational kind, as instantiated in organizations, and the social kind, which constitutes the outer aspect of the CSR. Though many thinkers address different kinds of responsibility, a comparative perspective of these different concepts is missing. I attempt to bring three of these separate discourses together to examine them alongside one another, evaluating them in the light of their differences and similarities. This will expose a new typology of ‘responsibility’ that penetrates and illuminates the relations between corporations and society and as such enhance our understanding of organizational responsibility. (shrink)

The postwar era saw a remarkable transformation of international law, from a loose arrangement of agreements designed to reduce collective action problems to a normative commitment to the inherent dignity of the individual person. Seyla Benhabib’s new book shows the extent to which this transformation was a matter of deeply personal experiences. Understanding this dialectic between the personal and the universal is crucial for understanding not just the genesis of contemporary normative international law, but also its prospects for (...) survival. This article focuses on Benhabib’s adoption of the process of jurisgenesis as an exemplary form of this dialectic, ending with a critical reading of Hannah Arendt’s attempt to contribute to this process. (shrink)

International law scholars and lawyers can rely on The Global Community Yearbook to better understand the wealth of case law now emanating from international courts and tribunals. Two new volumes each year include in-depth articles addressing topics of jurisprudence, while shorter notes explore current legal issues and provide context for the year's cases, which comprise the majority of the set. The editor, Giuliana Ziccardi Capaldo, has assembled a comprehensive look at the present and future development of the (...) class='Hi'>international legal order. Each major international court or tribunal has its own section, which includes an introductory article on the activity of that organization over the course of the year. The activities of the court and tribunals are presented in the form of "legal maxims," that distil the most important elements of the legal decisions of the past year and that provide researchers with quick access to the relevant point of law in each case. The cases themselves are indexed within each court's section, and then again in a general index for the entire set. Contributed to by leading legal experts, The Global Community Yearbook addresses the major developments in the courts and tribunals, providing a valuable resource for anyone wishing to better understand the functions, decisions and structure of the international legal courts. International Courts and Tribunals covered include: International Court of Justice International Tribunal for the Law of the Sea WTO Dispute Settlement System International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Court of First Instance and Court of Justice of the European Communities European Court of Human Rights Inter-American Court of Human Rights Iran-U.S. Claims Tribunal International Centre for Settlement of Investment Disputes. (shrink)

BackgroundWhenever South African research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement in place that uses as framework the standard MTA newly gazetted by the South African Minister of Health.Main bodyThe article offers a legal analysis of the SA MTA and focuses on its substantive fit with the broader legal environment in South Africa, and the clarity and practicality of its terms. The following (...) problematic aspects of the SA MTA are highlighted: Where only data and no human biological material are transferred, the SA MTA does not apply, leaving a lacuna; Health Research Ethics Committees are required to be parties to a MTA despite it being outside their legal mandate and undermining their oversight function; the SA MTA’s consent provisions are not aligned with extant law; and, similarly, its provision on donor ownership is misaligned with extant law; its creation of fictitious performance can only cause frustration on the part of an injured party; its benefit-sharing provision is vague and will have little practical effect; its dispute-resolution provisions fail to adequately protect South African research institutions and research participants; it fails to provide substantive guidance regarding intellectual property as its provisions relating to intellectual property may cause practical problems; and, finally, its data privacy provision is insufficiently specific, is overbroad, and fails to provide terms that in general would facilitate the international sharing of human biological material and associated data in terms of existing privacy law.ConclusionsWhile some of the problematic aspects of the SA MTA are intricate and require consultative processes with stakeholders and others, to develop comprehensive solutions, most of the problematic aspects can be resolved immediately through amendments by the South African Minister of Health. The formulation of such amendments is proposed and, where possible, interim measures are suggested that may ameliorate the problems presented by the SA MTA. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Modern business judgment is mostly faced with complex, unclear nature, and not fully confirmed research objects and needs a lot of relevant data investigation, inherent contradiction retrieval, and the discovery and extraction of potential laws. Formulation of rules and evaluation of system uncertainty: Appropriate decisions can be made based on this. Rough set theory is a new mathematical tool to deal with uncertain knowledge. Therefore, the theory of rough set is helpful for decision-makers to solve the decision problems of complex (...) systems. The simplification of knowledge of information systems and incomplete information systems and the theoretical and methodological study of rule acquisition are the central issues of rough set theory and applied research. A variety of simplified theories and methods have been proposed from a variety of viewpoints. However, there are still many theoretical problems that need to be investigated and solved in these aspects. In addition, the investment environment is a complex organic system that includes economic environment, social environment, resource environment, infrastructure, and other factors. There are a variety of data to measure these factors, which are mutually restrictive and interdependent. At present, domestic and foreign scholars have basically formed a series of assessment methods and models of investment environment assessment, but most of these assessment methods are affected by the differences in the degree of subjective factors of evaluators and the establishment of index weights in the assessment process. In most cases, more reliance is placed on subjective, artificial assignments and scoring loops. Therefore, it is an appropriate and reasonable method to evaluate the investment environment through data to evaluate all the factors affecting the investment environment and reach a comprehensive evaluation conclusion, which can effectively avoid human subjective factors to a certain extent. (shrink)

Patočka and Merleau-Ponty are both interested in appearing as such. Both attempt to understand this in terms of the body. Despite this agreement, there is a fundamental difference. For Merleau-Ponty, the body’s determination of appearing is ultimately a function of its intertwining with the world. Indeed, its very status as an animated body or “flesh” involves the fact that, located in the world, it also is able to internalize the world that encloses it. This intertwining or “chiasm” is its (...) form as flesh. For Patočka, by contrast, what is crucial is the body’s motility, a motility whose sense embraces all of its actions. He claims that “movement … first makes this or that being apparent, causes it to manifest itself in its own original manner.” I bring these approaches into dialogue by seeing Merleau-Ponty’s chiasm, not just as the form of flesh, but also as the form of its movement. (shrink)