Competing Claims Uncertain Sovereignties
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Competing Claims Uncertain Sovereignties
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Author : Steven Mitchell Cohn
language : en
Publisher: Ann Arbor, Mich. : University Microfilms International
Release Date : 2001
Competing Claims Uncertain Sovereignties written by Steven Mitchell Cohn and has been published by Ann Arbor, Mich. : University Microfilms International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Indians of North America categories.
"The 1993 Yukon Land Claims Treaty presumes new types of cooperative arrangements between First Nation, Territorial, and Federal governments to address pervasive problems of aboriginal inequity. The explicit focus is the development of First Nation sovereignty, authority, and economic self-sufficiency within Canadian federalism. These arrangements have developed in a few situations but the overall pattern is towards diminished intergovernmental cooperation, undermining the extent to which treaties are actually achieving the presumed intentions. Why is this so? The reasons arise in the comprehensive forces within and upon the Canadian federation. Opportunities for First Nation self-determination formed at a time of rising Territorial provincial aspirations and national insecurities. Needs of other actors at national, regional, and local scales converged in the First Nation settlement and related issues of sovereignty and development. Actual implementation reflects the proportion of the purposeful intent, leaving untouched and perhaps strengthening existing structures of Federal territorial control. The analysis addresses historical development of structural patterns; interaction between local and external forces, institutions, and organizational divisions; and, institutional arrangements that arise to balance diverse interests in an unstable policy environment. Narrowly construed trilateral relationships of sovereignty and development between federal, provincial, and U.S./market actors overwhelm Aboriginal interest. Federal weakness contributes to bureaucratic autonomy, entrenching bilateral relationships of unequal power that historically subordinate First Nations. Pervasive patterns of internal fragmentation that shape the actions of governments dampen intergovernmental relations. Conflict emerges at the margin between overlapping sovereignties. The new First Nation map formalizes these boundaries, prescribing the spatial arena where these conflicts are displayed and actualized. Despite these structural impediments, First Nation, Territorial and Federal governments are evolving tripartite federalist institutions to soften the impact and broaden the range of devolution measures. Diverse and incremental forums increase exchange between actors, build a collective governance capacity, and foster resilience to destabilizing external forces. Small initiatives begin to blanket the Yukon landscape with more complex forms of interdependence, raising the cost of unilateral instinctual/territorial action and creating an incentive for mutually-reinforcing governance. Collective strength contributes to the development of Canadian federalism as a whole"--Leaves 1-2.
The Sovereignty Wars
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Author : Stewart M. Patrick
language : en
Publisher: Brookings Institution Press
Release Date : 2017-10-31
The Sovereignty Wars written by Stewart M. Patrick and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-31 with Political Science categories.
Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
Competing Sovereignties
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Author : Richard Joyce
language : en
Publisher: Routledge
Release Date : 2012-08-21
Competing Sovereignties written by Richard Joyce and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-21 with Law categories.
Competing Sovereignties provides a critique of the concept of sovereignty in modernity in light of claims to determine the content of law at the international, national and local levels. In an argument that is illustrated through an analysis of debates over the control of intellectual property law in India, Richard Joyce considers how economic globalization and the claims of indigenous communities do not just challenge national sovereignty - as if national sovereignty is the only kind of sovereignty - but in fact invite us to challenge our conception of what sovereignty ‘is’. Combining theoretical research and reflection with an analysis of the legal, institutional and political context in which sovereignties 'compete', the book offers a reconception of modern sovereignty - and, with it, a new appreciation of the complex issues surrounding the relationship between international organisations, nation states and local and indigenous communities.
A Most Uncertain Crusade
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Author : Rowland Brucken
language : en
Publisher: Northern Illinois University Press
Release Date : 2013-12-01
A Most Uncertain Crusade written by Rowland Brucken and has been published by Northern Illinois University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with History categories.
A Most Uncertain Crusade traces and analyzes the emergence of human rights as both an international concern and as a controversial domestic issue for US policy makers during and after World War II. Rowland Brucken focuses on officials in the State Department, at the United Nations, and within certain domestic non-governmental organizations, and explains why, after issuing wartime declarations that called for the definition and enforcement of international human rights standards, the US government refused to ratify the first UN treaties that fulfilled those twin purposes. The Truman and Eisenhower administrations worked to weaken the scope and enforcement mechanisms of early human rights agreements, and gradually withdrew support for Senate ratification. A small but influential group of isolationist–oriented senators, led by John Bricker (R-OH), warned that the treaties would bring about socialism, destroy white supremacy, and eviscerate the Bill of Rights. At the UN, a growing bloc of developing nations demanded the inclusion of economic guarantees, support for decolonization, and strong enforcement measures, all of which Washington opposed. Prior to World War II, international law considered the protection of individual rights to fall largely under the jurisdiction of national governments. Alarmed by fascist tyranny and guided by a Wilsonian vision of global cooperation in pursuit of human rights, President Roosevelt issued the Four Freedoms and the Atlantic Charter. Behind the scenes, the State Department planners carefully considered how an international organization could best protect those guarantees. Their work paid off at the 1945 San Francisco Conference, which vested the UN with an unprecedented opportunity to define and protect the human rights of individuals. After two years of negotiations, the UN General Assembly unanimously approved its first human rights treaty, the Genocide Convention. The UN Commission on Human Rights (UNCHR), led by Eleanor Roosevelt, drafted the nonbinding Universal Declaration of Human Rights in 1948. Subsequent efforts to craft an enforceable covenant of individual rights, though, bogged down quickly. A deadlock occurred as western nations, communist states, and developing countries disagreed on the inclusion of economic and social guarantees, the right of self-determination, and plans for implementation. Meanwhile, a coalition of groups within the United States doubted the wisdom of American accession to any human rights treaties. Led by the American Bar Association and Senator Bricker, opponents proclaimed that ratification would lead to a U.N. led tyrannical world socialistic government. The backlash caused President Eisenhower to withdraw from the covenant drafting process. Brucken shows how the American human rights policy had come full circle: Eisenhower, like Roosevelt, issued statements that merely celebrated western values of freedom and democracy, criticized human rights records of other countries while at the same time postponed efforts to have the UN codify and enforce a list of binding rights due in part to America's own human rights violations.
The Limits Of Neoliberalism
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Author : William Davies
language : en
Publisher: SAGE
Release Date : 2016-11-16
The Limits Of Neoliberalism written by William Davies and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-16 with Social Science categories.
"Brilliant...explains how the rhetoric of competition has invaded almost every domain of our existence.” —Evgeny Morozov, author of "To Save Everything, Click Here" “In this fascinating book Davies inverts the conventional neoliberal practice of treating politics as if it were mere epiphenomenon of market theory, demonstrating that their version of economics is far better understood as the pursuit of politics by other means." —Professor Philip Mirowski, University of Notre Dame "A sparkling, original, and provocative analysis of neoliberalism. It offers a distinctive account of the diverse, sometimes contradictory, conventions and justifications that lend authority to the extension of the spirit of competitiveness to all spheres of social life…This book breaks new ground, offers new modes of critique, and points to post-neoliberal futures.” —Professor Bob Jessop, University of Lancaster Since its intellectual inception in the 1930s and its political emergence in the 1970s, neo-liberalism has sought to disenchant politics by replacing it with economics. This agenda-setting text examines the efforts and failures of economic experts to make government and public life amenable to measurement, and to re-model society and state in terms of competition. In particular, it explores the practical use of economic techniques and conventions by policy-makers, politicians, regulators and judges and how these practices are being adapted to the perceived failings of the neoliberal model. By picking apart the defining contradiction that arises from the conflation of economics and politics, this book asks: to what extent can economics provide government legitimacy? Now with a new preface from the author and a foreword by Aditya Chakrabortty.
Land Of The Midnight Sun
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Author : Ken Coates
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2005-03-21
Land Of The Midnight Sun written by Ken Coates and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-21 with History categories.
While the Klondike Gold Rush is one of the most widely known events in Canadian history, particularly outside Canada, the rest of the Yukon's long and diverse history attracts little attention. Important developments such as Herschel Island whaling, pre-1900 fur trading, the post-World War II resource boom, a lengthy struggle for responsible government, and the emergence of Aboriginal political protest remain poorly understood. Placing well-known historical episodes within the broader sweep of the past, Land of the Midnight Sun gives particular emphasis to the role of First Nations people and the lengthy struggle of Yukoners to find their place within Confederation. This broader story incorporates the introduction of mammoth dredges that scoured the Klondike creeks, the impressive Elsa-Keno Hill silver mines, the impact of residential schools on Aboriginal children, the devastation caused by the sinking of the Princess Sophia, the Yukon's remarkable contributions to the national World War I effort, and the sweeping transformations associated with the American occupation during World War II. Completely revised with a new epilogue, the bestselling Land of the Midnight Sun was first published in 1988 and became the standard source for understanding the history of the Yukon. Ken Coates and William Morrison have published ten books together, including Strange Things Done: A History of Murder in the Yukon and the forthcoming Trailmarkers: A History of Landmark Aboriginal Rights Cases in Canada. Land of the Midnight Sun was their first collaboration.
The Ashgate Research Companion To Federalism
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Author : Dr Lee Ward
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-03-28
The Ashgate Research Companion To Federalism written by Dr Lee Ward and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-28 with Political Science categories.
This comprehensive research companion examines the theory, practice and historical development of the principle of federalism from the ancient period to the contemporary world. The scope and range of the volume is unparalleled; it will provide the reader with a firm understanding of federalism as issues of federalism promise to play an ever more important role in shaping our world.
Beyond Territorial Disputes In The South China Sea
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Author : Robert C. Beckman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Beyond Territorial Disputes In The South China Sea written by Robert C. Beckman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
'The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.' Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea. The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any 'lessons learnt' that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development. Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.
Stress Testing The Law Of The Sea
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Author : Stephen Minas
language : en
Publisher: BRILL
Release Date : 2018-09-06
Stress Testing The Law Of The Sea written by Stephen Minas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-06 with Law categories.
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, leading UNCLOS practitioners and scholars examine key developments in dispute resolution and the impacts on ocean law of climate change, disasters and expanding energy exploration.
Competition Policy And Patent Law Under Uncertainty
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Author : Geoffrey A. Manne
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-13
Competition Policy And Patent Law Under Uncertainty written by Geoffrey A. Manne and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-13 with Business & Economics categories.
Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.