268,397 research outputs found

    World Health Law: Toward a New Conception of Global Health Governance for the 21st Century

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    The international community joined together during the late twentieth century to form a world trade system. Although imperfect, the world trade system contains adjudicable and enforceable norms designed to facilitate global economic activity. Human health is at least as important as trade in terms of its effects on the wellbeing of populations. Moreover, health hazards-biological, chemical, and radionuclear-have profound global implications. Whether these threats\u27 origins are natural, accidental, or intentional, the harms, as well as the response, transcend national frontiers and warrant a transnational response. Despite their high importance, the International Health Regulations (IHR) are antiquated, limited in scope, and burdened by inflexible assumptions and entrenched power structures. This essay examines problems of obsolescence, narrow reach, and rigidity associated with the IHR, and proposes a new conception for world health law in the 21st Century

    International Financial Standards and the Explanatory Force of Lex Mercatoria

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    The global financial crisis has cast a strong light on some hitherto obscure corners of the financial world, provoking an outpouring of calls for concerted international action. “Hard law” having disappointed, can “soft law”, in the form of international financial standards, substitute for traditional national legislation. This article examines some of the difficulties associated with the “international standards as soft law” discourse. First of all, conceptual problems in the “soft law” discourse itself reveal profoundly different patterns of legal thought cutting across national boundaries, resulting in different understandings of international financial standards. Secondly, recent experience, over the past decade, with some “soft law” international financial standards as both diagnostic and prophylactic tools, has been decidedly mixed, in fact, largely unsatisfactory. Thirdly, the “soft law” discourse in international finance appears strangely remote from the daily grind of international commercial practice, where the discourse is largely unknown. But perhaps in this disconnect between theory and practice lies clues to important normative forces at work in international finance, and in particular the international capital markets. The more one considers the world of international finance, the more obvious become the outlines of centuries old transnational merchant law, the contentious lex mercatoria. The proposition put forward here is that the formal regulation of financial markets is supported by a body of strong and persistent customary law, a lex mercatoria, a rarely acknowledged but powerful undercurrent in finance, especially in its international iteration. The continued prevalence of oral contracting and the stubborn persistence of self-regulatory principles are examples. There are several intriguing implications to this proposition. Is it possible that the global financial crisis represented not only a failure of formal, state-led regulation, as it surely did, but also a breakdown of a lex mercatoria of finance? If that is the case, international standard setters and national regulators, both, ignore this lex mercatoria (the customs and practices of international finance) at their peril. To do so, would be to miss a true, powerful, source of normativity operating in international financial markets

    Governing by internet architecture

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    In the past thirty years, the exponential rise in the number of Internet users around the word and the intensive use of the digital networks have brought to light crucial political issues. Internet is now the object of regulations. Namely, it is a policy domain. Yet, its own architecture represents a new regulative structure, one deeply affecting politics and everyday life. This article considers some of the main transformations of the Internet induced by privatization and militarization processes, as well as their consequences on societies and human beings.En los últimos treinta años ha crecido de manera exponencial el número de usuarios de Internet alrededor del mundo y el uso intensivo de conexiones digitales ha traído a la luz cuestiones políticas cruciales. Internet es ahora objeto de regulaciones. Es decir, es un ámbito de la política. Aún su propia arquitectura representa una nueva estructura reguladora, que afecta profundamente la política y la vida cotidiana. Este artículo considera algunas de las principales transformaciones de Internet inducida por procesos de privatización y militarización, como también sus consecuencias en las sociedades y en los seres humanos

    Bridging prehistory and history in the archaeology of cities

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    Archaeology is ideally suited for examining the deep roots of urbanism, its materialization and physicality, and the commonalities and variability in urban experiences cross-culturally and temporally. We propose that the significant advances archaeologists have made in situating the discipline within broader urban studies could be furthered through increased dialog between scholars working on urbanism during prehistoric and historical periods, as a means of bridging concerns in the study of the past and present. We review some major themes in urban studies by presenting archaeological cases from two areas of the Americas: central Mexico and Atlantic North America. Our cases span premodern and early modern periods, and three of the four covered in greatest depth live on as cities of today. Comparison of the cases highlights the complementarity of their primary datasets: the long developmental trajectories and relatively intact urban plans offered by many prehistoric cities, and the rich documentary sources offered by historic cities

    Immigration Reform and the Urban Labor Force

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    Volume 4 - Paper #57_57ImmigrationReformandtheUrban.pdf: 535 downloads, before Oct. 1, 2020

    The Christian Notion of Person and the Comatose Patient

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