Suchergebnisse

Preliminary Material -- Introduction /Anna Joubin-Bret and Jean E. Kalicki -- 1 Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissions /Anne van Aaken -- 2 Lessons from International Uniform Law /Joshua Karton -- 3 Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAs /Michael Ewing-Chow and Junianto James Losari -- 4 Keeping Interpretation in Investment Treaty Arbitration 'on Track': The Role of State Parties /Tomoko Ishikawa -- 5 Travaux Préparatoires and the Legitimacy of Investor-State Arbitration /Baiju S. Vasani and Anastasiya Ugale -- 6 Reform of Investor-State Dispute Settlement: The U.S. Experience /Karen L. Kizer and Jeremy K. Sharpe -- 7 Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions /Elizabeth Boomer -- 8 Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law /Locknie Hsu -- 9 Limiting Investor Access to Investment Arbitration: A Solution without a Problem? /Liang-Ying Tan and Amal Bouchenaki -- 10 Back to the Future: Contemplating a Return to the Exhaustion Rule /Daniel Kalderimis -- 11 ISDS Growing Pains and Responsible Adulthood /Silvia Constain -- 12 In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms /Nicolette Butler -- 13 The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes /Theodore R. Posner and Marguerite C. Walter -- 14 Permanent Investment Tribunals: The Momentum is Building Up /Omar E. García-Bolívar -- 15 The Challenges of Creating a Standing International Investment Court /Eduardo Zuleta -- 16 Making Impossible Investor-State Reform Possible /Luis González García -- 17 Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-U.S. FTA? /Barton Legum -- 18 Appellate Review in Investor-State Arbitration /Eun Young Park -- 19 Reform of the Investor-State Arbitration Regime: The Appeal Proposal /Gabriel Bottini -- 20 Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasks /Jaemin Lee -- 21 Why ICSID Doesn't Need an Appellate Procedure, and What to Do Instead /Kristina Anđeli -- 22 Fragmentation and Harmonization in the ICSID Decision-Making Process /Roberto Castro de Figueiredo -- 23 Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Law /Jan Asmus Bischoff -- 24 The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS System /J.J. Saulino and Josh Kallmer -- 25 Advancing Reform at ICSID /Antonio R. Parra -- 26 UN Commission on International Trade Law and Multilateral Rule-making: Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency /Julia Salasky and Corinne Montineri -- 27 Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable /David Gaukrodger and Kathryn Gordon.

What is health? / Charles Foster and Jonathan Herring -- Pathways towards a framework convention on global health : political mobilization for the human right to health / Kent Buse, Lawrence Gostin and Eric Friedman -- The bloodless ideological supreme court battle over the affordable care act and the 'right to health' in America / George Annas -- Conceptualising Implementation of the Right to Health : the Learning Network for Health and Human Rights, Western Cape, South Africa / Maria Stutaford -- Access to essential medicines in Kenya : intellectual property, anti-counterfeiting and the right to health / John Harrington -- Vulnerability : an issue for law and policy in pandemic planning? / Belinda Bennett and Terry Carney -- Legally vulnerable : What is vulnerability and who is vulnerable? / Hazel Biggs and Caroline Jones -- The ECHR, Health Care and Irregular Migrants / Sylvie Da Lomba -- Rights-based Approaches to HIV in the Middle East and North Africa Region / David Patterson, Shereen El Feki and Khadija Moalla -- Indigenous people, emerging research and global health / Mark Henaghan -- Human Trafficking and Organ Trade : Does the Law Really Care for the Health of People? / Daniel Sperling -- Cross Border Commercial Surrogacy : A global patchwork of inconsistency and confusion / Kerry Petersen -- Maternal mortality and human rights : from theory to practice / Judith Bueno De Mesquita -- Disability, human rights and global health : past, present and future / Maya Sabatello -- What can human rights do for women's health? / Kristine Hessler -- The practice of uvulectomy in Chad, children's rights and public health challenges / Jacquineau Azetsop -- Adding non-ideal agents to work out a pending debt / Florencia Luna -- Global ageing : Demographic and ethical challenges to population health and development policies / Michal Engelman -- Libertarian paternalism and public health nudges / Stephen Holland -- Global health, law and ethics : Fragmented sovereignty and the limits of universal theory / John Coggon -- International human rights laws and principles : cornerstone for defining health inequalities and health equity / Paula Braveman -- Exposing the limits of the law? Biotechnological challenges to global health / Sara Fovargue -- Moving forward : further reflections on global health law norms and the PPCA framework to eliminate health disparities / Gwendolyn Majette -- Global health law : aspirational, paradoxical or oxymoronic? / George P Smith -- Environmental sustainability and global health law : the case study of global artificial photosynthesis / Tom Faunce, Anton Wasson and Kim Crow -- Bridging the health/law divide in global health : The role of law professors / Scott Burris -- International law and global health / Geoffrey B. Cockerham and William C. Cockerham -- Competitition and co-operation in global health governance : the impact of multiple framing / Colin McInnes and Roemer Mahler -- The interlocking world of global health governance : the tobacco industry, bilateral investment treaties and health policy / Hadii M. Mamadu -- Mission (im)possible? WHO as a 'norm entrepreneur' in global health governance / Obijiofor Aginam -- Policy space for health in the context of emerging European trade policies / Meri Koivasulo and Nicola Watt -- An agenda for normative policy analysis in global health governance / Benjamin Mason Meier -- The contributions of science and politics to global food safety law / Erik Millstone

Introduction: Making the Case for the Social Sciences of Sport, Exercise, and Health ; The Sport Ethic and the Natural Sciences ; Proposing a Human Development Model -- Part I. Identity: Definitions, Development, and the Individual -- Chapter 1. History of Sport / Wray Vamplew, PhD ; Relationships With Other Disciplines ; Core Concepts ; Main Theoretical Perspectives ; Critical Findings ; Key Debates ; Summary -- Chapter 2. Philosophy of Sport / Sigmund Loland, PhD, and Michael McNamee, PhD ; Historical Overview of the Discipline ; Main Theoretical Perspectives ; Key Debates ; Future Directions ; Summary -- Chapter 3. Psychology of Sport / David Lavallee, PhD, John Kremer, PhD, and Aidan Moran, PhD ; Core Concepts ; Main Theoretical Perspectives ; Critical Findings ; Key Debates ; Summary -- Part II. Community: Place, Space, Image, and the Social -- Chapter 4. Anthropology of Sport / Alan Klein, PhD ; Foundations in Sociocultural Anthropology ; Post-1970: The Athletic El Dorado and the Anthropologists Who Seek Him ; Looking Outward ; Summary -- Chapter 5. Sociology of Sport / Joseph Maguire, PhD ; Historical Development and Core Concepts ; Main Theoretical Perspectives ; A Sociological Account of Sport: Critical Findings ; Future Directions and Key Debates ; Summary -- Chapter 6. Geography of Sport / Christopher Gaffney, PhD ; Historical Trajectory of the Geography of Sport ; Core Concepts ; Main Theoretical Perspectives ; Key Debates and Critical Findings ; Future Directions ; Summary -- Chapter 7. Media Studies and Sport / David Rowe, PhD ; Historical Connections and Questions in Media Studies ; Understanding Media: Core Concepts ; Media Powers and Routines: Main Theoretical Perspectives ; Critical Findings and Key Debates in Sport and Media ; Conclusion: Sport and Media Studies in Transition -- Part III. Capital: Wealth, Power, and Resources -- Chapter 8. Economics and Sport / Stefan Szymanski, PhD ; Professional League Model: Theory and Policy ; Productivity Studies ; Economic Impact: Measurement, Theory, and Policy ; Sport, Physical Activity, and Well-Being ; Illustrations of Economic Issues ; Conclusions -- Chapter 9. Political Science and Sport / Jonathan Grix, PhD ; Core Concepts in Political Science ; Study of Sport and Politics ; Research Paradigms and Theoretical Perspectives in Political Science ; Applying Political Science and Sport: The Governance of Sport and the Politics of Mega-Events ; Summary -- Chapter 10. International Relations and Sport / Roger Levermore, PhD, and Aaron Beacom, PhD ; Core Concepts and Main Theoretical Perspectives ; Critical Findings and Key Debates ; Summary -- Part IV. Governance: Regulation, Organization, and Implementation -- Chapter 11. Sport and the Law / Deborah Healey, LLB, LLM (Hons) ; The Global Organization and Regulation of Sport ; Overview: The Place of Law in Sport ; Are the Courts Always Interested in Sport? ; Governance ; Aspects of Industry Self-Regulation in Sport ; Summary -- Chapter 12. Sport and Social Policy / Ramoń Spaaij, PhD ; Discipline of Social Policy: A Historical Overview ; Main Theoretical Perspectives ; Key Concepts ; Key Debates ; Summary -- Chapter 13. Sport and Management Studies / Lucie Thibault, PhD ; Sport as a Unique Industry ; Historical Overview ; Core Concepts ; Main Theoretical Perspectives ; Critical Findings ; Key Debates ; Summary -- Chapter 14. Sport and Education / Dawn Penney, PhD ; Core Concepts ; Theoretical Perspectives ; Critical Findings ; Key Debates ; Summary.

Introduction: non-state actors in international law: oscillating: between concepts and dynamics / Jean d'Aspremont -- Non-state actors from the perspective of legal positivism: the communitarian semantics for the secondary rules of international law / Jean d'Aspremont -- Non-state actors from an international constitutionalist perspective: participation matters! / Thomas Kleinlein -- Non-state actors from the perspective of a pure theory of law / Jrg Kammerhofer -- Non-state actors from the perspective of the policy oriented school: power, law, actors and the view from new haven / Antony d'Amato -- Towards an interdisciplinary approach to non-state participation in the formation of global law and order / Math Noortmann -- Non-state actors in French legal scholarship: international legal personality in question / Nicolas Leroux -- Non-state actors in North American legal scholarship: four lessons: for the progressive and critical international lawyer / Rmi Bachand -- Non-state actors in Southeast Asia: how does civil society contribute: towards norm-building in a state-centric environment? / Hsien-Li -- Teresa -- Contemporary Russian perspectives on non-state actors: fear of the loss of state sovereignty / Lauri Mlksoo -- Non-state actors from the perspective of the international court of justice / Gleider I. Hernández -- Non-state actors from the perspective of the international law commission / Gentian Zyberi -- Non-state actors from the perspective of the Institut de Droit International / Franois Rigaux -- Non-state actors from the perspective of international criminal tribunals / Guido Acquaviva -- Non-state actors from the perspective of the international committee of the Red Cross / Raphal van Steenberghe -- The international law association and non-state actors / Math Noortmann -- Ngo's perspectives on non-state actors / Galle Breton-Le Goff -- Non-state actors and human rights: corporate responsibility and the attempts to formalize the role of corporations as participants in the international legal system / Eric de Brabandere -- Non-state actors in international humanitarian law / Cedric Ryngaert -- Non-state actors in international criminal law / Cassandra Steer -- Non-state actors in international institutional law: non-state, inter-state or supra-state: the peculiar identity of the intergovernmental organization in international institutional law / Richard Collins -- Non-state actors in international peace and security: non-state actors and the use of force / Nicholas Tsagourias -- Non-state actors in international dispute settlement: pragmatism in international law / Eric de Brabandere -- Non-state actors in international investment law: to be or not to be: the legal personality of non-state actors in international investment law / Patrick Dumberry and Érik Labelle-Eastaugh -- Non-state actors in international environmental law : a Rousseauist perspective / Makane Mbengue -- Non-state actors in refugee law: l'etat, cest moi. refugee law as a response to non state action / Penelope Mathew -- Non-state actors in European law: enhanced participation of non- state actors in EU law-making and law-enforcement processes: a quest for legitimacy / Damien Gerard -- Conclusions : inclusive law-making and law-enforcement processes for an exclusive international legal system / Jean d'Aspremont

Preliminary Material /A. Jacovides -- Introduction: Careers In Diplomacy And International Law /A. Jacovides -- State Responsibility: Reflections On The ILC's Draft Articles /A. Jacovides -- Treaties Conflicting With Peremptory Norms Of International Law And The Zurich-London 'Agreements' /A. Jacovides -- The Role Of International Law In The World Today And Tomorrow /A. Jacovides -- Peaceful Settlement Of Disputes In Ocean Conflicts: Does UNCLOS III Point The Way? /A. Jacovides -- A Review Of The 2004 General Assembly Discussions On The Law Of The Sea /A. Jacovides -- Statement At The Inaugural Meeting Of The General Assembly Of The International Seabed Authority /A. Jacovides -- Some Aspects Of The Law Of The Sea: Islands, Delimitation, And Dispute Settlement Revisited /A. Jacovides -- The Contribution Of The International Tribunal For The Law Of The Sea To International Law /A. Jacovides -- Current Issues Of The Law Of The Sea And Their Relevance To Cyprus /A. Jacovides -- International Tribunals: Do They Really Work For Small States? /A. Jacovides -- Great Expectations: Where Does The Proliferation Of International Dispute Resolution Tribunals Leave International Law? /A. Jacovides -- U.N. Reform And The International Court Of Justice: Introductory Statement /A. Jacovides -- A View From Within: The Role Of Small States And The Cyprus Experience /A. Jacovides -- The Cyprus Problem And United Nations Peace-Keeping /A. Jacovides -- The United Nations Peacekeeping: A View Of The First 50 Years At The Brink Of A New Century /A. Jacovides -- Remarks At The Ceremony To Honour The Canadian Armed Forces For Their Contribution To UNFICYP /A. Jacovides -- International Law Aspects Of Combating Terrorism /A. Jacovides -- The Role And Work Of The Diplomatic Corps In Washington /A. Jacovides -- Recent Trends Towards International Legal Order /A. Jacovides -- The Role Of International Law In Diplomacy /A. Jacovides -- The UN Decade On International Law: Progress And Promises /A. Jacovides -- UN Reform Forum, America's Interests In The United Nations /A. Jacovides -- International Law And Diplomacy, Some Reflections /A. Jacovides -- The Cyprus Problem And The United Nations /A. Jacovides -- The Cyprus Question: Its Dimensions, Implications, And Prospects For A Solution /A. Jacovides -- Cyprus: The International Law Dimension /A. Jacovides -- The Cyprus Problem: The International Dimension /A. Jacovides -- The Cyprus Problem /A. Jacovides -- Cyprus: Prospects For A Solution /A. Jacovides -- European Union Expansion: The Old And The New /A. Jacovides -- Book Review (Excerpt) Of An International Relations Debacle: The UN Secretary-General's Mission Of Good Offices In Cyprus 1999–2004 /Claire Palley and Hart Publishing -- Letter To The Editor Of The New York Times /A. Jacovides -- Turkish Flexibility Would Solve Cyprus /A. Jacovides -- Fifty Year Anniversary Of The Republic Of Cyprus (1960–2010) /A. Jacovides -- Turkey Needs To Be Sincere On Cyprus /A. Jacovides -- Letter To The Editor Of Foreign Affairs /A. Jacovides -- Remarks At The 75th Anniversary Commonwealth Day Celebration Of The British Officers' Club Of Haverford /A. Jacovides.

Preliminary Material /G. Alfredsson , J. Grimheden , B.G. Ramcharan and A. De Zayas -- 1. Human Rights In The 21st Century /Bertie G. Ramcharan -- 2. The United Nations' Human Rights Machinery: Developments And Challenges /Petter F. Wille -- 3. State Reports /Morten Kjærum -- 4. Follow-Up Activities By Un Human Rights Treaty Bodies And Special Procedures Mechanisms Of The Human Rights Council – Recent Developments /Markus Schmidt -- 5. Petitions Before The United Nations Treaty Bodies: Focus On The Human Rights Committee'S Optional Protocol Procedure /Alfred De Zayas -- 6. The Human Rights Committee'S Jurisprudence Under Article 26 Of The Iccpr: The Hidden Revolution /Carla Edelenbos -- 7. The Petition System Under Icerd: An Unfulfilled Promise /Theo Van Boven -- 8. Cedaw And The Optional Protocol: First Experiences /Cees Flinterman and Ginney Liu -- 9. Cat And Articles 20 And 22 /Bent Sørensen -- 10. Monitoring The Crc /Lucy Smith -- 11. A Brief Look At The International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families /M. Arthur Robinson Diakité -- 12. Negotiating The Monitoring Mechanism For The Convention On The Rights Of Persons With Disabilities: Two Steps Forward, One Step Back /Anna Bruce -- 13. Five Years Of Working In The Un Commission On Human Rights: Some Reflections For The Future Work Of The Un Human Rights Council /Ulrika Sundberg -- 14. The Establishment Of The Un Human Rights Council /Jan Eliasson -- 15. What Effect If Any Will The Un Human Rights Council Have On Special Procedures? /Lyal S. Sunga -- 16. Institutional Re-Engineering For Effective Human Rights Monitoring: Proposals For The Unfinished Business Under The \'New\' Human Rights Council /Ibrahim Salama -- 17. Urgent Action /Sir Nigel Rodley -- 18. The Office Of Un High Commissioner For Human Rights /Bertie G. Ramcharan -- 19. Human Rights Field Operations /Michael O'Flaherty -- 20. The United Nations Programme Of Technical Cooperation In The Field Of Human Rights /Craig G. Mokhiber -- 21. Mainstreaming Human Rights In The United Nations /Zdzislaw Kedzia -- 22. The Security Council And Human Rights /Jan Klabbers -- 23. The International Court Of Justice – Monitoring Human Rights /Jonas Grimheden -- 24. International Criminal Adjudication Bodies: To What Extent Can They Promote Human Rights Effectively In Post-Conflict Situations? /Ilaria Bottigliero -- 25. The International Criminal Tribunals /William A. Schabas -- 26. The Normative Impact Of Human Rights On Programming In The Undp /Patrick Van Weerelt and Zanofer Ismalebbe -- 27. The International Labour Organization And Human Rights: Access To The Ilo /Lee Swepston -- 28. Role Of Unesco In Human Rights Implementation /Bhaswati Mukherjee -- 29. The World Bank Inspection Panel /Laurence Boisson De Chazournes -- 30. Monitoring The Human Right To Adequate Food At Country Level /Maarten Immink and Margret Vidar -- 31. The Role Of Unhcr In The Monitoring And Implementation Of Human Rights Standards For Refugees And Other Persons Of Concern /Christoph Bierwirth -- 32. Human Rights Education /Anette Faye Jacobsen.

Preliminary Material /Ralph Crawshaw and Leif Holmström -- 1. Introduction to Universal Declaration of Human Rights and Universal Treaties /Ralph Crawshaw and Leif Holmström -- 2. Universal Declaration of Human Rights /Ralph Crawshaw and Leif Holmström -- 3. International Covenant on Economic, Social and Cultural Rights /Ralph Crawshaw and Leif Holmström -- 4. International Covenant on Civil and Political Rights /Ralph Crawshaw and Leif Holmström -- 5. Optional Protocol to the International Covenant on Civil and Political Rights /Ralph Crawshaw and Leif Holmström -- 6. International Convention on the Elimination of All Forms of Racial Discrimination /Ralph Crawshaw and Leif Holmström -- 7. Convention on the Elimination of All Forms of Discrimination against Women /Ralph Crawshaw and Leif Holmström -- 8. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women /Ralph Crawshaw and Leif Holmström -- 9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment /Ralph Crawshaw and Leif Holmström -- 10. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment /Ralph Crawshaw and Leif Holmström -- 11. Convention on the Rights of the Child /Ralph Crawshaw and Leif Holmström -- 12. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict /Ralph Crawshaw and Leif Holmström -- 13. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography /Ralph Crawshaw and Leif Holmström -- 14. International Convention for the Protection of All Persons from Enforced Disappearance /Ralph Crawshaw and Leif Holmström -- 15. Article 3 Common to the Geneva Conventions of 12 August 1949 /Ralph Crawshaw and Leif Holmström -- 16. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) /Ralph Crawshaw and Leif Holmström -- 1. Introduction to Regional Treaties /Ralph Crawshaw and Leif Holmström -- 2. African Charter on Human and Peoples' Rights /Ralph Crawshaw and Leif Holmström -- 3. Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples Rights /Ralph Crawshaw and Leif Holmström -- 4. Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa /Ralph Crawshaw and Leif Holmström -- 5. American Convention on Human Rights "Pact of San Jose, Costa Rica" /Ralph Crawshaw and Leif Holmström -- 6. Inter-American Convention to Prevent and Punish Torture /Ralph Crawshaw and Leif Holmström -- 7. Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) /Ralph Crawshaw and Leif Holmström -- 8. Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms /Ralph Crawshaw and Leif Holmström -- 9. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment /Ralph Crawshaw and Leif Holmström.

"In the weeks following 9/11, the Bush administration launched the Patriot Act, rejected key provisions of the Geneva Convention, and inaugurated a sweeping electronic surveillance program for intelligence purposes--all in the name of protecting national security. But the current administration is hardly unique in pursuing such measures. In Security v. Liberty, Daniel Farber leads a group of prominent historians and legal experts in exploring the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government's response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? Security v. Liberty focuses on periods of national emergency in the twentieth century--from World War I through the Vietnam War--to explore how past episodes might bear upon today's dilemma. Distinguished historian Alan Brinkley shows that during World War I the government targeted vulnerable groups--including socialists, anarchists, and labor leaders--not because of a real threat to the nation, but because it was politically expedient to scapegoat unpopular groups. Nonetheless, within ten years the Supreme Court had rolled back the most egregious of the World War I restrictions on civil liberties. Legal scholar John Yoo argues for the legitimacy of the Bush administration's War on Terror policies--such as the detainment and trials of suspected al Qaeda members--by citing historical precedent in the Roosevelt administration's prosecution of World War II. Yoo contends that, compared to Roosevelt's sweeping use of executive orders, Bush has exercised relative restraint in curtailing civil liberties. Law professor Geoffrey Stone describes how J. Edgar Hoover used domestic surveillance to harass anti-war protestors and civil rights groups throughout the 1960s and early 1970s. Congress later enacted legislation to prevent a recurrence of the Hoover era excesses, but Stone notes that the Bush administration has argued for the right to circumvent some of these restrictions in its campaign against terrorism. Historian Jan Ellen Lewis looks at early U.S. history to show how an individual's civil liberties often depended on the extent to which he or she fit the definition of "American" as the country's borders expanded. Legal experts Paul Schwartz and Ronald Lee examine the national security implications of rapid advances in information technology, which is increasingly driven by a highly globalized private sector, rather than by the U.S. government. Security v. Liberty shows that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. This important new volume provides a penetrating historical and legal analysis of the trade-offs between security and liberty that have shaped our national history--trade-offs that we confront with renewed urgency in a post-9/11 world."--Provided by publisher.

Must We Fight Terrorism with terror, match assassination with assassination, and torture with torture? Must we sacrifice civil liberty to protect public safety? In the age of terrorism, the temptations of ruthlessness can be overwhelming. But we are pulled in the other direction, too, by the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terror without losing our democratic souls. Michael Ignatieff confronts this challenge head-on, with the combination of hardheaded idealism, historical sensitivity, and political judgment that has made him one of the most influential voices in international affairs today. Ignatieff argues that we must not shrink from the use of violence-that far from undermining liberal democracy, force can be necessary for its survival. But its use must be measured, not a program of torture and revenge. And we must not fool ourselves that whatever we do in the name of freedom and democracy is good. We may need to kill to fight the greater evil of terrorism, but we must never pretend that doing so is anything better than a lesser evil. In making this case, Ignatieff traces the modern history of terrorism and counterterrorism, from the nihilists of czarist Russia and the militias of Weimar Germany to the IRA and the unprecedented menace of Al Qaeda, with its suicidal agents bent on mass destruction. He shows how the most potent response to terror has been force, decisive and direct, but-just as important-restrained. The public scrutiny and political ethics that motivate restraint also give democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent. The book is based on the Gifford Lectures delivered at the University of Edinburgh in 2003. "Michael Ignatieff has written a sober yet chilling account of the issues facing liberal democracies in the face of modern international terrorism. In a surgical analysis he describes the challenges facing their leaders and citizens. His warning of the critical dangers of under-and over-reaction in combating terrorism could not be more timely."--Justice Richard Goldstone, Constitutional Court of South Africa."Michael Ignatieff's The Lesser Evil is a strikingly readable rumination on the ethical challenge of our time: How can a liberal democracy survive the long struggle against terror and do so in ways that preserve its institutions and dignity intact? His answer is a profound moral analysis, drawing on insights from philosophy, law, and literature, of how to surmount the strength of the terrorists, who are weak, and avoid the weakness of the democracies, who can be both strong and just."-Michael Doyle, Harold Brown Professor of Law and International Affairs, Columbia University

Must We Fight Terrorism with terror, match assassination with assassination, and torture with torture? Must we sacrifice civil liberty to protect public safety? In the age of terrorism, the temptations of ruthlessness can be overwhelming. But we are pulled in the other direction, too, by the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terror without losing our democratic souls. Michael Ignatieff confronts this challenge head-on, with the combination of hardheaded idealism, historical sensitivity, and political judgment that has made him one of the most influential voices in international affairs today. Ignatieff argues that we must not shrink from the use of violence-that far from undermining liberal democracy, force can be necessary for its survival. But its use must be measured, not a program of torture and revenge. And we must not fool ourselves that whatever we do in the name of freedom and democracy is good. We may need to kill to fight the greater evil of terrorism, but we must never pretend that doing so is anything better than a lesser evil. In making this case, Ignatieff traces the modern history of terrorism and counterterrorism, from the nihilists of czarist Russia and the militias of Weimar Germany to the IRA and the unprecedented menace of Al Qaeda, with its suicidal agents bent on mass destruction. He shows how the most potent response to terror has been force, decisive and direct, but-just as important-restrained. The public scrutiny and political ethics that motivate restraint also give democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent. The book is based on the Gifford Lectures delivered at the University of Edinburgh in 2003. "Michael Ignatieff has written a sober yet chilling account of the issues facing liberal democracies in the face of modern international terrorism. In a surgical analysis he describes the challenges facing their leaders and citizens. His warning of the critical dangers of under-and over-reaction in combating terrorism could not be more timely."-Justice Richard Goldstone, Constitutional Court of South Africa."Michael Ignatieff's The Lesser Evil is a strikingly readable rumination on the ethical challenge of our time: How can a liberal democracy survive the long struggle against terror and do so in ways that preserve its institutions and dignity intact? His answer is a profound moral analysis, drawing on insights from philosophy, law, and literature, of how to surmount the strength of the terrorists, who are weak, and avoid the weakness of the democracies, who can be both strong and just."-Michael Doyle, Harold Brown Professor of Law and International Affairs, Columbia University.

 From the New York Times:  "[Danzy] Senna, 53, was born in Boston, the daughter of a white, patrician mother . . .  and an African American father. Her parents . . .  were in the first cohort of interracial couples who could legally marry in the United States."  Hold on a minute--in 1967, the Supreme Court ruled that state laws prohibiting interracial marriage violated the Constitution, but only a minority of states (all Southern or border states) had such laws.  Some states had laws against interracial marriage until the 1950s and 1960s, and in those it would be reasonable to speak of the "first cohort" of interracial couples, but Massachusetts had repealed its prohibition on interracial marriage in 1843.  It wasn't the first in that respect--five of the thirteen original states (New York, New Jersey, Pennsylvania, Connecticut, and New Hampshire) never had laws against interracial marriage.  So although interracial marriages were rare, they've been around since the beginning of the United States.  The Times wasn't the only one to get this wrong--Senna's Wikipedia biography says that her parents "married in 1968, the year after interracial marriage became legal," and cites a Canadian Broadcast Company article, which says her parents "wed a year after interracial marriage became legal."  Why would multiple sources make this mistake?  It's not hard to find the information on differences in state laws (the Wikipedia article on interracial marriage in the United States has it.  I would guess that it involves a change in the way of seeing racial discrimination--in the 1950s and 1960s, the prevailing view was that it was mostly a regional issue--the problem was to get the South to catch up with the rest of America.  Since that time, there has been a reaction against this view, which has sometimes overshot the mark.  You could say that we've gone from a realization that racism is present even in Boston to an assumption that Boston was and is no different from anywhere else.  Of course, at the time her parents were married there was a lot of opposition to interracial marriage, even where it was legal.  In 1968, a Gallup poll asked "do you approve or disapprove of interracial marriage?"--20% approved and 73% disapproved.  A NORC survey asked whites "Do you think there should be laws against marriages between negroes and whites?"  53% said yes and 43% said no.  There were some regional differences, but they weren't as large as I expected--there was 53% agreement in New England and 37% in the Middle Atlantic states. So on this issue, law generally ran ahead of public opinion.   Educational differences were much bigger--about 75% of people with a grade school education and only 12% of college graduates said yes.  [Data from the Roper Center for Public Opinion Research]

Abstract: This paper presents the status quo of the consequences for unfair terms (Art. 6(1) of Directive 93/13, on unfair terms in consumer contracts, UCTD), according to the interpretation of the European Court of Justice (ECJ). In that task, it provides reasons for seemingly contradictory judgments and engages with inconsistent rulings. To navigate these troubled waters, the paper refers to the general principles of EU law, even beyond those that are explicit in the ECJ's decisions. It is claimed here that those general principles explain the evolution of the remedy for unfair terms and its follow-on consequences. They could also bring light to the clashes between EU law and national private law in the application of the UCTD.Résumé: Cet article présente le statu quo des conséquences des clauses abusives (article 6.1 de la Directive 93/13 concernant les clauses abusives dans les contrats conclus avec les consommateurs), selon l'interprétation de la Cour de justice de l'Union européenne. Dans cette tâche, il fournit des raisons pour des arrêts apparemment contradictoires et s'engage dans des décisions incohérentes. Pour naviguer dans ces eaux troubles, l'article se réfère aux principes généraux du droit de l'UE, même au-delà de ceux qui sont explicites dans les décisions de la Cour de justice. Il affirme que ces principes généraux expliquent l'évolution du recours contre les clauses abusives et ses conséquences ultérieures. Ils pourraient également mettre en lumière les conflits entre le droit de l'UE et le droit privé national dans l'application de la Directive 93/13.Zusammenfassung: Dieser Artikel stellt den Status quo der Konsequenzen für missbräuchliche Klauseln (Art. 6 Abs. 1 der Richtlinie 93/13 über missbräuchliche Klauseln in Verbraucherverträgen) in der Auslegung des Europäischen Gerichtshofs (EuGH) dar. Dabei rechtfertigt sie scheinbar widersprüchliche Urteile und geht auf widersprüchliche Entscheidungen ein. Um sich in diesen unruhigen Gewässern zurechtzufinden, verweist der Artikel auf die allgemeinen Grundsätze des EU-Rechts, auch über die in den Urteilen des EuGH ausdrücklich genannten hinaus. Es wird argumentiert, dass diese allgemeinen Grundsätze die Entwicklung des Rechtsbehelfs gegen missbräuchliche Klauseln und die sich daraus ergebenden Konsequenzen erklären. Sie könnten auch Aufschluss über die Konflikte zwischen EU-Recht und nationalem Privatrecht bei der Anwendung der Richtlinie über missbräuchliche Klauseln geben.Resumen: Este artículo presenta el statu quo de las consecuencias derivadas del uso de cláusulas abusivas (artículo 6, apartado 1, de la Directiva 93/13, sobre las cláusulas abusivas en los contratos celebrados con consumidores), según la interpretación del Tribunal de Justicia de la Unión Europea. En esa tarea, aporta razones para sentencias aparentemente contradictorias y aborda decisiones incoherentes. Para navegar por estas aguas turbulentas, el artículo se remite a los principios generales del Derecho de la UE, incluso más allá de los que se explicitan en las decisiones del Tribunal de Justicia. Se afirma aquí que esos principios generales explican la evolución del remedio contra las cláusulas abusivas y sus consecuencias ulteriores. También podrían arrojar luz sobre los conflictos entre el Derecho de la UE y el Derecho privado nacional en la aplicación de la Directiva 93/13.

Image CreditQ1. There are eight candidates competing for Panama's presidency and no second round. Will the winner have strong public support? Would a weak mandate make another public uprising more likely over the next few years? A1. Of the eight candidates running, there are only four who have a chance of winning. Still, it is clear that whoever wins will not have a strong mandate from the electorate. Moreover, the winner will also not have a comfortable majority in Congress. It will be very difficult to pass the urgent and important laws needed to face Panama's immense problems. That makes it likely that there will be new public uprisings.Q2. After former President Ricardo Martinelli's disqualification from the race, he chose his former running mate, José Raúl Mulino, to take his place. What is Martinelli's influence on Mulino's campaign and potential presidency should Mulino win the election?A2. This question must be divided into two parts. First, the campaign period and second, how the country would be governed if Mulino wins. There is no doubt that the votes Mulino receives on May 5 will be transferred by Martinelli, giving Martinelli influence, or even sponsorship, of the campaign. That said, Mulino is a person of strong character and clear and fixed ideas. If he wins the elections, he would fulfill some agreements with Martinelli, but he would be the one who exercises power.Q3. Many issues have troubled Panama recently, such as a drought complicating operations at the Panama Canal; the significant loss of revenue after the Supreme Court closed the Cobre Panamá copper mine; and the impacts of the mine's sudden closure, including the loss of Panama's investment grade rating. Do any of the presidential candidates have clear ideas for addressing these challenges? A3. If any of the candidates have clear ideas about the big problems that the winner will inherit, we voters do not know what they are. The campaign has been lacking in real debates and proposals on these big issues. Candidates have been more interested in making unrelated proposals than in addressing the country's major challenges. Q4. The results of this election will be crucial in determining how the US-Panama relationship evolves in the coming years, including cooperation on combating corruption. Are candidates debating foreign policy? Do you see any big changes on the horizon for Panama's approach to the United States, China, or other important partners?A4. Nothing has been said about foreign policy during the campaign. Everyone recognizes the model of the historical relationship with the United States, but at the same time, they understand the reality of the relationship with China. The fight against corruption, and staying off the Financial Action Task Force "gray list," might be priority issues for the next administration. But for now, no candidate is saying anything specific about these issues.

Many people take drugs because they like the feeling they experience by doing so. This is a more extreme version of why some people smoke cigarettes or drink alcohol. Most do so because they like it and most don't become addicts.Because most drugs are illegal, they are traded on the black market, setting their users and suppliers at odds with the law. Because they are illicit and underground, there is little to no quality control, leading to deaths from adulterated or over-strength supplies.Their illegality makes them expensive as suppliers risk prosecution and punishment, as well as considerable price gouging. The profits to be had from their sale leads to violent turf wars, as gangs fight for control of the trade. It echoes what happened in the United States during the prohibition era. People in the UK, especially young people, are killed in the street by members of rival gangs fighting for control of a very lucrative business.Several US states and Canada have joined the growing list of countries that have legalized the recreational use of cannabis. If the UK were to do the same, it would lead to better quality control and enable age checks to be made as the illegal market would dry up if the legal market were allowed to prosper through light regulations and licensing. It would free up much of the logjam on courts and prisons, and end the conflict between recreational users and the police. The Treasury, rather than the criminals, would gain revenue.The legalization of cannabis would take one widely used recreational drug off the black market. The same could be done with cocaine (8.7% of the population) and MDMA (Ecstasy), (1.9% of the population) both in quite widespread use. Their legalization would free up large numbers of police to deal with more serious crimes in which other people are victims.Heroin was once available on prescription to registered addicts to consume at home, and it was seen as a problem that it could circulate to others. This could be resolved by setting up clinics manned by medical personnel, in which hard drugs such as heroin could be obtained for consumption on the premises, after medical inspection and advice. This would treat addiction as a medical, rather than a criminal, problem, and address it by medical personnel instead of with law enforcement officers. It would bring quality control and safety to the fore, and remove the current illicit drugs trade that underlies so much crime.It could be argued that legalization would lead to increased use, just as the ending of prohibition led to increased alcohol consumption. US voters went for repeal because the alternative was Al Capone and his ilk. The UK is in an Al Capone situation with illegal drugs, and could similarly end it by repealing the prohibition of them.

Chris Edwards


Senate Finance Committee Chair Ron Wyden (D‑OR) held a hearing last week to counter the House Republican plan to cut the recent IRS enforcement boost. Sen. Wyden said, "If you're looking for the big winners of the McCarthy IRS defunding plan, it's billionaires and corporations who cheat on their taxes … Repealing that funding is a $191 billion giveaway to wealthy tax cheats."
I offered a different view at the hearing. I noted that tax enforcement imposes collateral damage, that the tax gap has been stable for decades, and that the U.S. tax gap appears to be smaller than Europe's. The "tax gap" means unpaid taxes from errors and cheating.
Here's one problem with Sen. Wyden's view: IRS audits find relatively smaller errors and cheating on higher‐​income returns than lower‐​income returns. As shown in the table below, IRS audits recommend additional tax of 5 to 8 percent of income for middle‐​income households, but just 1 to 4 percent of income for high‐​income households. These are averages within income groups over 2017 to 2021.
For example, for households facing additional tax, the average is $6,100 for those earning $75,000 to $100,000, which is 7.0 percent of income, and it is $117,033 for those earning $5 million to $10 million, which is 1.7 percent of income. Note that the average audit change of $117,033 for this high‐​income group may seem large, but that is just 6 percent of the average tax paid by these households. Also note that the large relative audit change in the bottom group mainly stems from errors and cheating on the earned income tax credit.
Why does the IRS find relatively smaller errors and cheating at the top? It may because these households are more likely to hire expert accountants and lawyers who have their reputations on the line. The relatively smaller errors at the top are impressive, given that high‐​income returns often involve complex issues such as business income and capital gains.







Data Notes. The IRS publishes aggregate results of audits in its annual Data Book. My table is based on a Government Accountability Office summary of the IRS data in GAO-22–104960 (p. 34).
The income groups are based on "total positive income" not adjusted gross income (AGI). However, the IRS and GAO do not appear to provide average total positive income within the income groups, so I roughly estimated it using average AGI for 2019 within AGI income groups.
A final note is that these are the additional taxes "recommended" by IRS auditors. But many taxpayers appeal these amounts and get them reduced. Also, some taxpayers challenge IRS audit results in court and many of them win, as discussed here.