What Difference Does CBDR Make? A Socio-Legal Analysis of the Role of Differentiation in the Transnational Legal Process for REDD

2016 ◽  
Author(s):  
SSbastien Jodoin ◽  
Sarah Mason-Case
Keyword(s):  
Legal Analysis ◽  
Legal Process ◽  
Transnational Legal Process

scholarly journals What Difference Does CBDR Make? A Socio-Legal Analysis of the Role of Differentiation in the Transnational Legal Process for REDD+

2016 ◽  
Vol 5 (2) ◽  
pp. 255-284 ◽  
Author(s):  
Sébastien Jodoin ◽  
Sarah Mason-Case
Keyword(s):  
Technical Assistance ◽  
Developed Countries ◽  
Legal Analysis ◽  
Legal Process ◽  
Public And Private ◽  
Legal Norms ◽  
The North ◽  
Non Governmental Organizations ◽  
Transnational Legal Process

AbstractThis article offers a socio-legal analysis of the role played by the principle of common but differentiated responsibilities (CBDR) in the development, diffusion, and implementation of jurisdictional REDD+ activities throughout the developing world. It employs a qualitative research method known as process tracing to uncover whether and, if so, to what extent and how actors have used CBDR to support the emergence and effectiveness of the transnational legal process for REDD+. The article argues that the transnational legal process for REDD+ reflects a conception of CBDR in which developing country governments may take on voluntary commitments to reduce their carbon emissions, with the multilateral, bilateral, and private sources of financial support and technical assistance provided by developed countries, international organizations, non-governmental organizations, and corporations. This creative conception and application of CBDR has fostered the construction and diffusion of legal norms for REDD+ because it has influenced the interests, ideas, and identities of public and private actors in the North and South. However, the early challenges associated with the implementation of REDD+ reveal a worrying gap between the financial pledges made by developed countries and the costs associated with the full implementation of REDD+, as well as contradictions in the very way in which the responsibilities of various countries have been defined in the context of REDD+. The analysis has important implications for the transnational governance of REDD+, as well as for scholarship on the role of differentiation in the pursuit of effective and equitable climate change solutions.

scholarly journals Military Lawyers on the Battlefield: An Empirical Account of International Law Compliance

2010 ◽  
Vol 104 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Laura A. Dickinson
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Analysis ◽  
Theoretical Level ◽  
Legal Process ◽  
Strategic Action ◽  
State Behavior ◽  
Legal Norms ◽  
Norm Internalization ◽  
Transnational Legal Process

International law scholarship remains locked in a raging debate about the extent to which states do or do not comply with international legal norms. For years, this debate lacked empirical data altogether. International law advocates tended to assume that most nations obey most laws most of the time and proceeded to measure state activity against international norms through conventional legal analysis. In contrast, international relations realists and rational choice theorists have argued that international law is simply an epiphenomenon of other state interests with little independent power at all. Meanwhile, constructivist and transnational legal process approaches have posited that international law seeps into state behavior through psychological and sociological mechanisms of norm internalization and strategic action. But even these studies tend to remain on a theoretical level, without on-the-ground data about which factors might influence compliance in actual day-to-day settings.

scholarly journals Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

2016 ◽  
Vol 8 (1) ◽  
pp. 31-60
Author(s):  
Marcus Faro de Castro ◽  
Daniele Kleiner Fontes
Keyword(s):  
Economic Policy ◽  
Telecommunications Industry ◽  
Legal Analysis ◽  
Economic Sectors ◽  
Legal Literature ◽  
Regulatory Law ◽  
New Ideas ◽  
Telecommunications Services ◽  
Analytical Approaches

Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD) approach and the Legal Analysis of Economic Policy (LAEP) perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

scholarly journals HTA AND ITS LEGAL ISSUES: A FRAMEWORK FOR IDENTIFYING LEGAL ISSUES IN HEALTH TECHNOLOGY ASSESSMENT

2014 ◽  
Vol 30 (6) ◽  
pp. 587-594 ◽  
Author(s):  
Daniel Widrig ◽  
Brigitte Tag
Keyword(s):  
Health Technology Assessment ◽  
Technology Assessment ◽  
Health Technology ◽  
Legal Issues ◽  
Extensive Literature ◽  
Legal Analysis ◽  
Swiss Health ◽  
Extensive Literature Search ◽  
Legal Technology

Objectives: Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research.Methods: After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples.Results: This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions.Conclusions: The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.

Lo trans y la psicología: una deuda pendiente. Una crítica al lugar del psicólogx en el proceso legal del cambio de identidad de género en Chile. / Trans and psychology: a pending debt. A critique of the psychologist’s place in the legal process of ...

2016 ◽  
Vol 5 (09) ◽  
pp. 115-126
Author(s):  
Ignacio Yáñez Castillo
Keyword(s):  
Gender Identity ◽  
Social Control ◽  
Identity Change ◽  
Legal Process ◽  
Historical Process ◽  
Professional Opinion ◽  
Current Operation ◽  
As If

En el proceso histórico actual, en que asistimos a una mayor visibilidad y una creciente conquista de derechos de las sexualidades no heterosexuales, surge la pregunta respecto al lugar del psicólogx en el proceso legal de cambio de identidad de género en Chile.Actualmente –sin la existencia de una Ley de Identidad de Género– el psicólogx es consultadx por los jueces en su opinión profesional para decidir sobre la autorización o no al cambio de identidad de género de una determinada persona, al considerarlxs interlocutorxs válidxs para sancionar si una persona “es lo que dice ser”, como si la psicología tuviera una respuesta ante la pregunta de qué es una mujer o qué es un hombre. Críticos del operar actual de la psicología en esta materia, se propone en cambio, un rol del psicólogx que permita pensar la psicología fuera del control social al que ha sido relegada en esta materia, siendo capaz de dar cuenta de los procesos de desigualación operantes y sus efectos en la subjetividad. In the current historical process, where we are witnessing a greater visibility and a growing conquest of rights of non-heterosexual sexualities, the question arises as to the place of the psychologist in the legal process of gender identity change in Chile.Currently –without the existence of a Gender Identity Law– the psychologist is consulted by the judges in their professional opinion to decide on the authorization or not to change the gender identity of a particular person, considering the valid interlocutors to sanction if a person “is what it claims to be,” as if psychology ad an answer to the question of what a woman is or what a man is. Critics of the current operation of psychology in this matter, however, proposes a role of psychology that allows psychology to think outside of social control that hasbeen relegated in this matter, being able to account for the processes of inequality operative and Its effects on subjectivity.

Part I International Refugee Law— Reflections on the Scholarly Field, Ch.2 Race, Refugees, and International Law

2021 ◽  
Author(s):  
Tendayi Achiume E
Keyword(s):  
International Law ◽  
Racial Discrimination ◽  
Race And Ethnicity ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Refugee Law ◽  
International Refugee Law ◽  
And Gender ◽  
Role Of Religion

The experiences of refugees are heavily mediated by race and ethnicity, and international law plays a significant role in this mediation—in some cases offering important protections, and in others entrenching discrimination and exclusion. This Chapter makes four contributions. First, it articulates a structural and intersectional account of race, racial discrimination and xenophobic discrimination as essential starting points for international legal analysis of race and refugees. This analysis includes the overlap and distinctions between racial and xenophobic discrimination, as well as the role of religion, class and gender in shaping racial discrimination against refugees. Secondly, it reviews the doctrine on race and refugees in international refugee law and international human rights law, and maps the attendant academic literature analyzing this law. Thirdly, the Chapter canvasses legal scholarship that has examined the structure, history and development of the international refugee regime in relation to race. Finally, it concludes with reflections on a research agenda on race and refugees.

The Amboyna Business

2020 ◽  
pp. 44-75
Author(s):  
Alison Games
Keyword(s):  
Legal Process ◽  
Almost All ◽  
Japanese English

This chapter reconstructs the conspiracy trial on Ambon in 1623 by drawing on over fifty depositions and other sources, almost all created after the trial. It analyzes why a Japanese soldier’s questions triggered VOC suspicions of a regional plot featuring Japanese, English, and Indo-Portuguese co-conspirators, and why the alleged plot took the form the VOC believed it did. It explores the role of torture in the legal process. In the course of presenting a narrative of the conspiracy trial, it sifts through conflicting perspectives and interpretations of events. Almost all aspects of the trial were later disputed in Europe, and this chapter deals directly with the interpretive problems posed by the surviving sources.

scholarly journals Role of voice in the legal process*

Criminology ◽  
2019 ◽  
Vol 57 (2) ◽  
pp. 343-368 ◽  
Author(s):  
Liana Pennington ◽  
Amy Farrell
Keyword(s):  
Legal Process
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