Researchers, when engaging with Māori communities, are in a process of relationship building and this process can be guided by the principles of the Treaty of Waitangi, partnership, participation and protection. The main concerns for many indigenous peoples in research revolve around respect for their indigenous rights, control over research processes and reciprocity within research relationships to ensure that equitable benefits are realised within indigenous groups. Māori have identified similar issues and these concerns can be aligned with the (...) principles of the Treaty of Waitangi. The relevance of the Treaty of Waitangi to research ethics is discussed and this paper suggests a revised interpretation of the treaty principles to incorporate the range of ethical issues that Māori have expressed as important. (shrink)

Governments in New Zealand have legislated a large number of settlements extinguishing many hundreds of claims taken by Māori against the Crown for breaches of the country’s founding document, Te Tiriti o Waitangi. They portray settlements as a great success for Māori and the Crown. Māori disagree. Settlements are government-determined and imposed on Māori using a smoke and mirrors approach that masks successive governments’ true intentions: to claw back Māori legal rights; to extinguish all claims; and to maintain White (...) control over Māori. In short, to uphold the Doctrine of Discovery in further breach of Te Tiriti o Waitangi. Māori claimants and negotiators report being enticed into the process by false promises only to become traumatised and disenchanted. Yet many take a pragmatic stance and sign settlements, making the best they can out of a bad deal that goes nowhere near compensating for their actual loss. They know that despite what legislation may say, the settlements are not full, not fair and not final and that, like all previous settlements, they will be revisited. They also know that unless fundamental changes are made to the constitutional makeup of the country, there is no prospect of justice and reconciliation for Māori. (shrink)

New Zealand fisheries management reforms are being conducted in terms of 'balancing' of interests and reconciliation of conflicting claims over ownership and use. Fisheries legislation seeks efficient levels of fishing effort, while establishing 'environmental bottom lines' for stock conservation; resource management law requires, alongside efficiency of resource use, consideration for species diversity and 'the intrinsic values of ecosystems' ; and the Treaty of Waitangi safeguards customary practices and life-support requirements for the Maori people. This paper analyses these antinomies (...) in terms of contrasting ethical positions – utilitarian rationality, versus an ethic of reciprocal hospitality – and shows how fisheries management policies can be formulated on this basis. (shrink)

Paul Smeyers’ keynote address to the PESA 2007 Conference, ‘The Entrepreneurial Self and Informal Education: On government intervention and the discourse of experts’ provides a timely call for questioning the governing of the family. This paper draws upon Smeyers’ key concerns to explore both historical and contemporary trends in clustering government agencies, under the guidance of child development experts. The guidance of two expert groups is problematised, with particular attention to an absence of commitment to Māori perspectives of education and (...) child‐rearing. Such an absence reflects, in New Zealand, a dangerous undermining of the historic treaty between the British and Māori. The paper then challenges, with brief reference to Jacques Derrida's discussions on autobiography and Freud's Legacy, the identity of expert groups advocating early intervention in the lives of families measured as a burden on economic and social progress. The paper posits that perhaps it is the developmental expert that requires some form of early intervention. (shrink)

Listening to other cultures offers challenges to our fundamental assumptions and world views. In New Zealand public policy on Assisted Reproductive Technology is being worked out in a society committed to the development of bicultural partnership honouring the Treaty of Waitangi, a treaty with the indigenous people.Strong claims to the cultural significance of genetic heritage by Maori have made apparent to non-Maori their own assumptions. These claims also resist reductive understandings of genetics.In this paper I review, as (...) a Pakeha ethicist, initiatives taken in New Zealand, and the impact of bicultural development on public policy on ART. I also discuss some of the issues this raises for western bioethics as it relates to non-western approaches and include reference to the significance of genetic heritage as it is affecting guidelines for donor insemination and surrogacy. (shrink)

Listening to other cultures offers challenges to our fundamental assumptions and world views. In New Zealand public policy on Assisted Reproductive Technology (ART) is being worked out in a society committed to the development of bicultural partnership honouring the Treaty of Waitangi, a treaty with the indigenous people.Strong claims to the cultural significance of genetic heritage by Maori have made apparent to non‐Maori (Pakeha) their own assumptions. These claims also resist reductive understandings of genetics.In this paper I (...) review, as a Pakeha ethicist, initiatives taken in New Zealand, and the impact of bicultural development on public policy on ART. I also discuss some of the issues this raises for western bioethics as it relates to non‐western approaches and include reference to the significance of genetic heritage as it is affecting guidelines for donor insemination and surrogacy. (shrink)

Primary legislation in Britain has enshrined the 'voluntary principle' at the centre of the working relationship between nature conservationists and other land-users. This paper examines the dilemma that arises from the application of the legislation to long-term land management strategies in support of nature conservation. In its historical context this approach does not sit easily with wider goals such as the land-use ethic of Aldo Leopold or the search for an ethic of sustainability.

This article explores what it can mean to navigate notions of productive idiocy with aspects of mātauranga Māori (Māori knowledge), through some recent art-as-activism practices of the author, Aotearoa/New Zealand artist Mark Harvey. The works explicated include Waitākere Drag and Auau in the Te Wao Nui ā Tiriwa forest ranges and Productive Promises, which was part of TEZA (Trans Economic Zone of Aotearoa) in Ōtautahi/Christchurch. Avital Ronell’s Nietzschean-influenced perspectives on idiocy are drawn from in relation to Western and Māori perspectives, (...) along with Roger Sansi’s work on idiocy as dissent. From this aggregation of epistemologies, it is proposed that idiocy can be productive through art as activism and that this can align with Indigenous Māori perspectives on playing the fool as a form of resistance and refusal. Examples of Māori concepts engaged with here include perspectives on relationship building, human relationships with forests and the environment, and sovereignty under Te Tiriti o Waitangi (The Treaty of Waitangi). These art-activism projects promised micro-attempts at making positive changes for the communities in which they were situated through performatively generated actions from a Māori perspective within the shroud of ongoing colonization and capitalism. (shrink)

The concept of cultural safety offers a unique approach to nursing practice, based on recognition of the power differentials inherent in any interaction. It is from within the context of nursing in Aoteaoroa/New Zealand (A/NZ) that the concept developed and was subsequently integrated into nursing education. Cultural safety is based within a framework of biculturalism, and is congruent with the tenets of the nation's founding document, the Treaty of Waitangi. Clarification of the concept is offered, together with a (...) review of the historical shift in nursing attitudes that has led to the emergence of ‘cultural safety’ as a viable and valued component of nursing practice.The argument is made that cultural safety has allowed for a more reflective, critical understanding of the actions of nursing to develop. This includes recognition that nurses’ attitudes and values have inevitably been influenced by social and political forces, and as such are in part reflective of those within the wider community. Comparison between the support given by nurses in the early 1900s to the theory of eugenics and the current acceptance of cultural safety is used to highlight this point. An examination of the literature identifies that ideological and conceptual changes have occurred in the approach of A/NZ nurses to issues with cultural implications for practice. A review of background factors relating to Maori health status and the Treaty of Waitangi is presented as a necessary context to the overall discussion.The discussion concludes with an acknowledgement that while the rhetoric of cultural safety is now part of nursing culture in New Zealand, there is no firm evidence to evaluate its impact in practice. Issues identified as impacting on the ability to assess/research a concept, such as cultural safety, are discussed. For cultural safety to become recognised as a credible (and indispensable) tool, it is necessary to further examine the ‘end-point’ or ‘outcomes’ of the process. (shrink)

This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing (...) is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny.' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale). (shrink)

The ethnic or “racial” classification of Maori and non-Maori is a pivotal feature of New Zealand’s health system and affects government policy and professional practice within the context of Treaty of Waitangi “partnership” politics. Although intended to empower Maori, ethnic categorization can have unintended and negative consequences by ignoring the causality of material forces in social phenomena. The authors begin by showing how the use of ethnic categories in health policy is justified by the Treaty of (...) class='Hi'>Waitangi partnership policies. This provides the context for the argument made in the manuscript that an understanding of the social experience of ethnicity within the complex interaction of sociocultural factors such as socioeconomic location and lifestyle is more useful than using the political construct of ethnic categories in explaining the persistence of low health status for a section of the Maori population. (shrink)

What is sovereignty? Was it ceded to the Crown in the Treaty of Waitangi? If land was unjustly confiscated over a century ago, should it be returned? Is an ecosystem valuable in itself, or only because of its value to people? Does a property right entail a right to destroy? Can collectives (such as tribes) bear moral responsibility? Do they have moral rights? If so, what are the implications for the justice system? These questions are essentially philosophical, yet (...) all thoughtful New Zealanders will be keen to see them discussed clearly, rigorously, and dispassionately. This book gathers together essays by eminent philosophers on some of these problems. All of them are New Zealanders or have connections with this region. The problems which this book addresses on aspects of justice and ethics are of concern to all New Zealanders. Students of law, Maori studies, philosophy, politics, and history will find it particularly helpful. (shrink)

The distinctiveness of Bioethics in New Zealand stems in part from a renewal of emphasis on Maori rights, based on the Treaty of Waitangi, the foundation document of the New Zealand state. Increasingly, committees dealing with health research ethics and with the ethics of assisted reproductive technology have to incorporate Maori values and perspectives.

The distinctiveness of Bioethics in New Zealand stems in part from a renewal of emphasis on Maori rights, based on the Treaty of Waitangi, the foundation document of the New Zealand state. Increasingly, committees dealing with health research ethics and with the ethics of assisted reproductive technology have to incorporate Maori values and perspectives.

Slavoj Zizek is regarded as one of the pre-eminent European cultural theorists of the last decade. His growing body of work has generated considerable controversy and transformed the way we think about issues of popular culture and politics. This volume provides a critical reflection on Zizek's ideas and his intellectual itinerary. As well as bringing a Zizekian analysis to a discussion of the cultural and social aspects of nationhood in New Zealand and the Southern hemisphere, it will provide readers with (...) new material and fresh perspectives on Zizek's thinking on psychoanalysis, multiculturalism, television and the new media, ethics and politics. It is proposed that Zizek's arresting, and at times scandalous, re-elaboration of psychoanalytical theory and his critique of ideology will open the way for a new understanding of social conflict. FROM Z TO A contains approaches that are challenging and fascinating: What really happened when Paul Holmes interviewed Dennis Connor? Why do we watch reality TV? Is the Treaty of Waitangi a fraud? Why has Peter Ellis come to represent par excellence the figure of sexual threat to children? Why does Ada in Jane Campion's 'The Piano' send a love letter to Baines who cannot read? What psychic mechanisms of nationalism are displayed in British football hooliganism? How did Western orientalism shape Japanese national identity? Why is the discourse of nationhood in the United States always structured around a central void or impossibility? The range of topics demonstrates both the power of Zizek's formulations and the light they can shed on our world. (shrink)

The article examines the role of apology in a process of reconciling with historic injustice. As with so many other facets of the politics of reconciliation, official apologies are controversial, at times strenuously resisted, and their purpose and significance not always well understood. The article, therefore, seeks to articulate the key moral and practical resources that official apologies can bring to bear in a process of national reconciliation and to defend these symbolic acts against some of the more influential criticisms (...) from the skeptics. The analysis is developed in relation to apologies offered in the context of state-indigenous reconciliation processes in the Americas, Australasia, and other regions of the globe. (shrink)

B a c k g r o u nd. The article critically examines the concept of peace in the context of the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance. This study delves into the historical, diplomatic, and philosophical dimensions of the Treaty between the Soviet Union and the People's Republic of China in the mid-twentieth century. M e t h o d s. The study is based on a systematic analysis of the original documents of the Sino-Soviet (...) Treaty and other primary sources that record the context and content of the agreement. The article uses a comprehensive analysis of primary sources, diplomatic correspondence, political discourse, and philosophical narrative to illuminate various interpretations and implementations of the treaty's peace provisions. Analyzing the philosophical basis of the agreement, it is taken into account how the ideas and concepts of friendship, union and mutual assistance were interpreted in the philosophical context of both countries. The article uses methods of comparative analysis to establish common and distinctive features between the ideology of the Sino-Soviet Treaty. Re s u l t s. The study provides valuable information about the geopolitical dynamics of the 20th century, shedding light on how the two major communist powers managed their diplomatic relations. By examining the ideological underpinnings and practical implications of the Treaty's peace-oriented provisions, the article contributes to understanding the broader landscape of international relations in this dynamic period. C o n c l u s i o n s. The study provides important information about the geopolitical dynamics of the 20th century, revealing how the two leading communist states managed their diplomatic relations. The article also considers the prospects for the development of dynamics between the Soviet Union and the People's Republic of China, examining the difficulties and problems that arose in maintaining peaceful relations between powerful states with common political ideologies based on the principles of Marxism. Analyzing the ideological foundation and practical consequences of the peacekeeping principles in the treaty, the article contributes to a better understanding of the broad context of international relations and philosophical narrative. (shrink)

SummaryThis study focuses on the cultural and political context from which stemmed the French translation of the British Merchant. The paratextual and macrostructural interventions that characterised Le négotiant anglois clearly demonstrate that the translator, Véron de Forbonnais, used his work to set out his own epistemological method and his way of looking at inter-state relations. With the book, Forbonnais had distanced himself from Gournay by rejecting the idea that in order for France to prosper in a situation of international competition (...) the government needed to adopt a muscular strategy that included the adoption of a navigation act modelled on the one enacted by Britain in 1660. At the same time, Forbonnais warned French decision-makers that signing commercial treaties with the maritime powers might also be prejudicial to national economic interests. Forbonnais supplied qualified French readers not only with an annotated edition of the British Merchant but also with a translation of Davenant's Of the Use of Political Arithmetick. In so doing, he proposed to his audience a type of governance based on a competent use of statistics. In conclusion, I will argue that in Le négotiant anglois Forbonnais anticipated the key political and economical tenets of his project of ‘monarchie commerçante’, which he later set out in the Principes et observations æconomiques in order to counter the rise of the epistemology and plans for a ‘royaume agricole’ put forward by the physiocratic movement. (shrink)

This book is a selection of papers from a conference which took place at the University of Keele in July 1982. The conference was an extraordinarily enjoyable one, and we would like to take this opportunity of thanking all participants for helping to make it so. The conference was intended to allow scholars working on different aspects of symbolic behaviour to compare findings, to look for common ground, and to identify differences between the various areas. We hope that it was (...) successful in these aims: the assiduous reader may judge for himself. Several themes emerged during the course of the conference. Some of these were: 1. There is a distinction to be made between those symbol systems which attempt, more or less directly, to represent a state of affairs in the world (e. g. language, drawing, map and navigational skill) and those in which the representational function is complemented, if not overshadowed, by properties of the symbol system itself, and the systematic inter-relations that symbols can have to one another (e. g. music, mathematics). The distinction is not absolute, for the nature of all symbolic skills is, in part, a function of the structure of the symbolic system employed. Nonetheless, this distinction helps us to understand some common acquisition difficulties, such as that experienced in mathematics, where mental manipulation of symbols can go awry if a child assumes too close a correspondence between mathematical symbols and the world they represent. 2. (shrink)

Historical political entities differ in their understanding of sovereignty. This paper studies how conceptualizations of sovereignty clashed during the peace negotiations between the Spanish Monarchy and the United Provinces of the Low Countries held during the 1640s. It argues that these different understandings of sovereignty posed a significant obstacle to the signing of the peace and, once signedm remained a potential source of instability in the relationship not only between both polities but also for the internal equilibrium of the Dutch (...) Republic. (shrink)

After coming into force of the Treaty of Lisbon it is acknowledged that better control and respect of the principle of subsidiarity is one of the most important and innovative goals of the Treaty. To achieve this goal, the Treaty introduces a mechanism which, apart from checking compliance of draft legislative acts with that principle, may eventually lead to a draft act to be deleted from the legislative agenda of the European Union on grounds of violation of (...) subsidiarity. Within this mechanism, crucial role is attributed to the national parliaments of the Member States. In this article, the reasons for overall inclusion of national parliaments in the European Union (hereinafter EU, the Union) activities are analysed. The role of national parliaments in the EU according to the specific provisions of the EU treaties is also discussed and the largest part of the work is devoted to the ex ante subsidiarity principle control mechanism (the Early Warning System), which gives the right for the national parliaments to influence the EU legislative process. (shrink)

The aim of this essay is to survey the logic behind the Tory ministerial decision to bring a quick end to the hostilities with France in the early 1710s by looking at a tri-weekly journal called The Mercator (1713–14). Founded by Henry St. John, Viscount Bolingbroke, then Secretary of State, and his economic advisor Charles Davenant, with a view to justifying their grandiose plan to liberalise the Anglo-French trade relationship as part of a new European order initiated by the Peace (...) of Utrecht, this periodical shows us how the so-called neo-Roman synthesis of libertas and imperium was exploited by the Tory administration not only to defend its isolationist outlook, but more interestingly, to reprove the pro-Dutch policy of the previous Whig government. ☆ I am grateful to both the Acton Institute for the Study of Liberty and Religion and the Institute of the Humane Studies for their generous financial assistances in preparing this paper. (shrink)

The proposed peace treaty of 540 between Justinian and Vitiges ‒ according to most interpretations of Proc. Bell. Goth. 2.29.2 ‒ included a partition of Italy into two areas, one located south of the river Po and controlled by Justinian and the other located north of the Po and controlled by the Goths. However, a closer examination of Procopius’ wording and of similar passages indicates that Justinian aimed to receive only the tax revenues of southern and central Italy, with (...) the provinces themselves remaining in the hands of the Goths. (shrink)

This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other hand. In (...) addition, characteristics of the legal system of the European Union such as the integration of national legal systems are highlighted. It is accentuated that the legal community of the European Union depends on the acceptance by all 27 Member States. Furthermore, the normative quality of European law-making is discussed as well as the necessity for a sufficient democratic legitimation of European Law. As impressively illustrated by the financial crisis, the European Union is much better equipped with possibilities to effectively fulfil regulatory tasks than any Member State. The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights - that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. (shrink)

U radu se analizira institucionalizacija ideje evropskog gradjanina u promenama sadrzanim u Lisabonskom Ugovoru. Zakljucak je da promena ima u odnosu na vazece dokumente koji tvore EU, da se one najbolje mogu razumeti preko 'pragmatickog modela' analize individualnog i grupnog identiteta i da one impliciraju uvecanje demokratskog potencijala kategorije evropskog gradjanina.

The visual images, textual expressions, and rhetorical figures related to the image of the wounded, mutilated, and maimed country have become the cultural legacy of the Treaty of Trianon in Hungary, shaping collective identity. These representations have been influential in cultural memory throughout the 20th century until today in preventing Hungarian society from processing the collective trauma of Trianon. This process is linked to the present through many threads, among them the “Day of National Unity”, commemorating the signing of (...) the Treaty of Trianon, introduced by the Hungarian government in 2010. As the well-known images of wounds and violent rhetoric have become available in the new media, commemoration practices applied in schools may transmit the unresolved historical trauma yet again to younger generations. (shrink)

Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For this (...) purpose the author firstly considers the context of the exclusion of CFSP matters from the ECJ jurisdiction, including discussions on the issue at the European Convention, and, secondly, takes a closer look at the separate heads of jurisdiction over which the Court is competent to act after the entry into force of the Lisbon Treaty. A conclusion is made that the Lisbon Treaty did not introduce significant changes to ECJ jurisdiction. Similarly to the pattern of previous amendment treaties, the Lisbon Treaty again gave recognition to the practice of the ECJ on relevant questions. Nonetheless, the amendments made by the Lisbon Treaty should be welcome for introducing more clarity into the legal regulation of the matter, thus boosting the legal certainty and protection of fundamental rights in the European Union. (shrink)

Este trabalho, uma das primeiras obras dedicadas ao significado do Tratado de Lisboa (2007) nas suas vertentes política, histórica e jurídica, constitui não apenas uma reflexão clara e bem fundamentada sobre o seu objecto (o que já seria notável dada a sua complexidade e ainda relativa novidade) mas serve ainda ao leitor, especialista ou não nas matérias da União Europeia, como um guia para a análise do Tratado de Lisboa e do processo que lhe deu origem, a falhada «Constituição Europeia», (...) a d... (shrink)

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe (...) is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas. (shrink)

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting 'self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, (...) ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR's and WTO's interpretative practices, both the VCLT's general rules of interpretation and the ICJ's interpretative practice serve to counteract the fragmentation of international law.. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The (...) latest treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 169-200.

This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR leads (...) to two expectations. First, the larger government spending a proxy of high compliance capacity is hypothesized to delay the ratification process. Second, states with the unitary system are expected to ratify the ICESCR more promptly because the centralized power structure in unitary states significantly restricts the pursuit of the policy autonomy by minorities at local level that the right to self-determination entails. The Cox proportional hazard analysis lends support to both hypotheses. (shrink)

Rome and Carthage had established peaceful diplomatic relations before 300 b.c. — as early as the close of the sixth century according to Polybius, whose dating there no longer seems good cause to doubt. A second treaty was struck probably in 348. Both dealt essentially with traders' and travellers' obligations and entitlements, so any military or political terms sprang from that context. In both, the Carthaginians agreed to hand over any independent town they captured in Latium. In the first (...) treaty they were not to establish a fort in Latium either; in the second, the Romans were not to found a city in Carthaginian Africa, Spain or Sardinia. But independent military considerations are the stuff of a third treaty concluded during Rome's war with Pyrrhus. Rome and Carthage now pledged each other military aid in certain circumstances, as we shall see. And ‘geopolitical’ concerns of a very broad kind imbued a treaty which was reported by the third-century historian Philinus of Agrigentum. By this, he stated, ‘the Romans must keep out of the whole of Sicily, the Carthaginians out of Italy’ . This is Polybius' citation of Philinus' allegation; Polybius himself then roundly rejects the very existence of such a pact and declares himself at a loss to understand how his predecessor could record it, but modern scholarship is no longer all that ready to accept his view. A strong majority of historians prefer to follow the Agrigentine, and many see 306 b.c. as the likely year for the agreement because Livy records a ‘renewal’ then of a foedus with Carthage. (shrink)