Justice and morality:human suffering, natural law and international politics

Bridging the contending theories of natural law and international relations, this book proposes a 'relational ontology' as the basis for rethinking our approach to international politics. The book contains a number of challenging and controversial ideas on the study of international political thought which should provoke constructive debate within international relations theory, political theory, and philosophical ethics. © Amanda Russell Beattie 2010. All rights reserved.

The Global Campus - ICT and the Future of Universities

This paper analyses the changes which the ICT causes on a global scale. The globalization of higher education triggered by e-Learning, the emergence of e-infrastructure for e-science, the Open Educational Resources movement, e-libraries and the tendency of building global educational alliances are analysed as well. Special emphasis is put on several wellknown university models, e.g. Research University, Open University and Entrepreneurial University, as well as on some emerging university models for the Knowledge Society, such as: Global University and Innovation University. The paper puts in focus the influence of the ICTs and the new organizational and business models they bring, such as Virtual University, eCampus, Enterprise 2.0, University 2.0. A new university model is defined—the Global Campus Model. Some arguments that the ultimate result of the ICTs driven transformations could turn the whole world into a Global Campus in the next few decades.

Creating Permeable Boundaries: Inclusive Educators in a Global Society

The authors pose a redefinition of inclusive education and inclusive educators. They describe four promising strategies that educators might use to reflect on social justice as a curricular focal point, problematize inclusive education, and help students create more permeable boundaries between themselves and those who are different.

The application of PCA as a movement pattern recognition technique: A proof of principle

Quantitative methods can help us understand how underlying attributes contribute to movement patterns. Applying principal components analysis (PCA) to whole-body motion data may provide an objective data-driven method to identify unique and statistically important movement patterns. Therefore, the primary purpose of this study was to determine if athletes’ movement patterns can be differentiated based on skill level or sport played using PCA. Motion capture data from 542 athletes performing three sport-screening movements (i.e. bird-dog, drop jump, T-balance) were analyzed. A PCA-based pattern recognition technique was used to analyze the data. Prior to analyzing the effects of skill level or sport on movement patterns, methodological considerations related to motion analysis reference coordinate system were assessed. All analyses were addressed as case-studies. For the first case study, referencing motion data to a global (lab-based) coordinate system compared to a local (segment-based) coordinate system affected the ability to interpret important movement features. Furthermore, for the second case study, where the interpretability of PCs was assessed when data were referenced to a stationary versus a moving segment-based coordinate system, PCs were more interpretable when data were referenced to a stationary coordinate system for both the bird-dog and T-balance task. As a result of the findings from case study 1 and 2, only stationary segment-based coordinate systems were used in cases 3 and 4. During the bird-dog task, elite athletes had significantly lower scores compared to recreational athletes for principal component (PC) 1. For the T-balance movement, elite athletes had significantly lower scores compared to recreational athletes for PC 2. In both analyses the lower scores in elite athletes represented a greater range of motion. Finally, case study 4 reported differences in athletes’ movement patterns who competed in different sports, and significant differences in technique were detected during the bird-dog task. Through these case studies, this thesis highlights the feasibility of applying PCA as a movement pattern recognition technique in athletes. Future research can build on this proof-of-principle work to develop robust quantitative methods to help us better understand how underlying attributes (e.g. height, sex, ability, injury history, training type) contribute to performance.

The 2011 student movement on the Chilean press: What Pluralism in the digital press?

This article presents results of two research projects that explored the coverage of the Student Movement 2011 carried out by two chains of newspaper of Chile: El Mercurio S.A.P and Diarios Mi Voz, in three regions of the country. These press chains correspond to paper and digital press, respectively. In this research, we analyze information and photographs allowed to establish changes in journalistic practices as well as similarities in the ways of representing the student movement.

The Art of Change Movement: an anti-oppressive Social Work initiative

This article presents the Art of Change Movement (Movimiento Arte del Cambio), which has developed out of a project of the Association of Social Workers Without Boundaries (Asociación Trabajadores/as Sociales Sin Fronteras), with the collaboration of the Faculty of Social Work at Universidad de Granada and of education professionals, incorporating theatrical creativity and musical expression as pedagogical and social intervention tools. The aim is for the initiative to become another instrument in the fight against oppression. Through a laboratory for collective creativity involving students and professionals from social work and other social science disciplines, the movement seeks social transformation through artistic expression, based on political commitment and sustainable development that empowers participants.

A view, different proposals: Concept of gender and public policy

This article analyzes the meaning of “gender” as a category of analysis in public policy. The concept has been transferred from the feminist theories and this has meant that the United Nations and European Union have incorporated the inequality as a structural inequality and an issue justice. So, the feminist demands enter the political agenda as an integral project which is characterized by the adoption of the gender perspective and its application from a transversal methodology (“gender mainstreaming”). In this sense, the "gender ideology" is a new paradigm against the “patriarchal ideology”. Now, political actions should be articulated in a double movement of correction and promotion to achieve real equality in societies more democratic and ultimately more just.

Understandings of transnational families in debates on Migration and development

International migration sets in motion a range of significant transnational processes that connect countries and people. How migration interacts with development and how policies might promote and enhance such interactions have, since the turn of the millennium, gained attention on the international agenda. The recognition that transnational practices connect migrants and their families across sending and receiving societies forms part of this debate. The ways in which policy debate employs and understands transnational family ties nevertheless remain underexplored. This article sets out to discern the understandings of the family in two (often intermingled) debates concerned with transnational interactions: The largely state and policydriven discourse on the potential benefits of migration on economic development, and the largely academic transnational family literature focusing on issues of care and the micro-politics of gender and generation. Emphasizing the relation between diverse migration-development dynamics and specific family positions, we ask whether an analytical point of departure in respective transnational motherhood, fatherhood or childhood is linked to emphasizing certain outcomes. We conclude by sketching important strands of inclusions and exclusions of family matters in policy discourse and suggest ways to better integrate a transnational family perspective in global migration-development policy.

Of Marx and Makers: an Historical Perspective on Generative Justice

In Marxist frameworks “distributive justice” depends on extracting value through a centralized state. Many new social movements—peer to peer economy, maker activism, community agriculture, queer ecology, etc.—take the opposite approach, keeping value in its unalienated form and allowing it to freely circulate from the bottom up. Unlike Marxism, there is no general theory for bottom-up, unalienated value circulation. This paper examines the concept of “generative justice” through an historical contrast between Marx’s writings and the indigenous cultures that he drew upon. Marx erroneously concluded that while indigenous cultures had unalienated forms of production, only centralized value extraction could allow the productivity needed for a high quality of life. To the contrary, indigenous cultures now provide a robust model for the “gift economy” that underpins open source technological production, agroecology, and restorative approaches to civil rights. Expanding Marx’s concept of unalienated labor value to include unalienated ecological (nonhuman) value, as well as the domain of freedom in speech, sexual orientation, spirituality and other forms of “expressive” value, we arrive at an historically informed perspective for generative justice. 

Cross-border Movement of Patients in the EU: A Re-Appraisal

The national welfare state, so it seems, has come under attack by European integration. This article focuses on one facet of the welfare state, that is, health care and on one specific dimension, that is, cross-border movement of patients. The institution which has played a pivotal role in the development of the framework regulating the migration of patients is the European Court of Justice (ECJ). The Court’s activity in this sensitive area has not remained without critics. This was even more so since the Court invoked Treaty (primary) law which not only has made it difficult to overturn case law but also has left the legislator with very little room for manoeuvre in relation to any future (secondary) EU law. What is therefore of special interest in terms of legitimacy is the legal reasoning by which the Court has made its contribution to the development of this framework. This article is a re-appraisal of the legal development in this field.

The Republican Movement, 'Disappearing' and Framing the Past in Northern Ireland

Despite a rich body of research on the conflict and peace process in Northern Ireland, the ‘disappearances’ carried out by Republican armed groups have so far escaped scrutiny. In this article I examine how the Republican movement has framed the rationale behind ‘disappearing’ as a rational response to informing and as an example of historical continuity. In doing so, Republicans appear to attempt to confer legitimacy on their choice of target and normalize the use of the practice within a Republican framework. However, these rationales incorporate techniques of neutralization and attempts to contextualize the ‘disappearances’ in such a way as to distance the Irish Republican Army from agency. Such distancing speaks to a third, overarching rationale for ‘disappearing’: the avoidance of an embarrassment that has continued into the postconflict period. I consider why Republicans persist in claiming the ‘disappeared’ were legitimate targets, killed by a method for which there is historical precedent, when such framing left them open to criticism at a time when they were seeking to demonstrate that they had left violence behind. I conclude that Republican attempts to satisfy two audiences resulted in a gulf between their engagement in the process of recovering remains and their rhetoric surrounding this issue. In so doing, light is shed on some of the challenges the Republican movement faced in their transition away from violence. More broadly, the value of unpicking the framing of key actors in transitional processes is illuminated.

What ‘Security’, whose ‘Rights’ and which ‘Law’? : the Israeli High Court of Justice and the Israeli settlements in the occupied West Bank

Cette thèse examine l’interprétation et l’application, par l’Haute Cour d'Israël (HCJ), de principes du droit international de l’occupation et du droit international des droits de la personne dans le traitement de requêtes judiciaires formulées par des justiciables palestiniens. Elle s’intéresse plus particulièrement aux jugements rendus depuis le déclenchement de la deuxième Intifada (2000) suite à des requêtes mettant en cause la légalité des mesures adoptées par les autorités israéliennes au nom d’un besoin prétendu d’accroitre la sécurité des colonies et des colons israéliens dans le territoire occupé de la Cisjordanie. La première question sous étude concerne la mesure dans laquelle la Cour offre un recours effectif aux demandeurs palestiniens face aux violations alléguées de leurs droits internationaux par l’occupant. La recherche fait sienne la position de la HJC selon laquelle le droit de l’occupation est guidé par une logique interne tenant compte de la balance des intérêts en cause, en l’occurrence le besoin de sécurité de l’occupant, d’une part, et les droits fondamentaux de l’occupé, d’autre part. Elle considère, en outre, que cette logique se voit reflétée dans les principes normatifs constituant la base de ce corpus juridique, soit que l’occupation est par sa nature temporaire, que de l’occupation découle un rapport de fiduciaire et, finalement, que l’occupant n’acquiert point de souveraineté sur le territoire. Ainsi, la deuxième question qui est posée est de savoir si l’interprétation du droit par la Cour (HCJ) a eu pour effet de promouvoir ces principes normatifs ou, au contraire, de leur porter préjudice. La réunion de plusieurs facteurs, à savoir la durée prolongée de l’occupation de la Cisjordanie par Israël, la menace accrue à la sécurité depuis 2000 ainsi qu’une politique de colonisation israélienne active, soutenue par l’État, présentent un cas de figure unique pour vérifier l’hypothèse selon laquelle les tribunaux nationaux des États démocratiques, généralement, et ceux jouant le rôle de la plus haute instance judiciaire d’une puissance occupante, spécifiquement, parviennent à assurer la protection des droits et libertés fondamentaux et de la primauté du droit au niveau international. Le premier chapitre présente une étude, à la lumière du premier principe normatif énoncé ci-haut, des jugements rendus par la HCJ dans les dossiers contestant la légalité de la construction du mur à l’intérieur de la Cisjordanie et de la zone dite fermée (Seam Zone), ainsi que des zones de sécurité spéciales entourant les colonies. Le deuxième chapitre analyse, cette fois à la lumière du deuxième principe normatif, des jugements dans les dossiers mettant en cause des restrictions sur les déplacements imposées aux Palestiniens dans le but allégué de protéger la sécurité des colonies et/ou des colons. Le troisième chapitre jette un regard sur les jugements rendus dans les dossiers mettant en cause la légalité du tracé du mur à l’intérieur et sur le pourtour du territoire annexé de Jérusalem-Est. Les conclusions découlant de cette recherche se fondent sur des données tirées d’entrevues menées auprès d’avocats israéliens qui s’adressent régulièrement à la HCJ pour le compte de justiciables palestiniens.

Capital 2.0 capital formation and legal risk in a new global economic order from fiat to exit: including case studies of the proposed transatlantic trade and investment partnership between the United States and the European Union and the financing relation between the United States and the People’s Republic of China

Following the intrinsically linked balance sheets in his Capital Formation Life Cycle, Lukas M. Stahl explains with his Triple A Model of Accounting, Allocation and Accountability the stages of the Capital Formation process from FIAT to EXIT. Based on the theoretical foundations of legal risk laid by the International Bar Association with the help of Roger McCormick and legal scholars such as Joanna Benjamin, Matthew Whalley and Tobias Mahler, and founded on the basis of Wesley Hohfeld’s category theory of jural relations, Stahl develops his mutually exclusive Four Determinants of Legal Risk of Law, Lack of Right, Liability and Limitation. Those Four Determinants of Legal Risk allow us to apply, assess, and precisely describe the respective legal risk at all stages of the Capital Formation Life Cycle as demonstrated in case studies of nine industry verticals of the proposed and currently negotiated Transatlantic Trade and Investment Partnership between the United States of America and the European Union, TTIP, as well as in the case of the often cited financing relation between the United States and the People’s Republic of China. Having established the Four Determinants of Legal Risk and its application to the Capital Formation Life Cycle, Stahl then explores the theoretical foundations of capital formation, their historical basis in classical and neo-classical economics and its forefathers such as The Austrians around Eugen von Boehm-Bawerk, Ludwig von Mises and Friedrich von Hayek and most notably and controversial, Karl Marx, and their impact on today’s exponential expansion of capital formation. Starting off with the first pillar of his Triple A Model, Accounting, Stahl then moves on to explain the Three Factors of Capital Formation, Man, Machines and Money and shows how “value-added” is created with respect to the non-monetary capital factors of human resources and industrial production. Followed by a detailed analysis discussing the roles of the Three Actors of Monetary Capital Formation, Central Banks, Commercial Banks and Citizens Stahl readily dismisses a number of myths regarding the creation of money providing in-depth insight into the workings of monetary policy makers, their institutions and ultimate beneficiaries, the corporate and consumer citizens. In his second pillar, Allocation, Stahl continues his analysis of the balance sheets of the Capital Formation Life Cycle by discussing the role of The Five Key Accounts of Monetary Capital Formation, the Sovereign, Financial, Corporate, Private and International account of Monetary Capital Formation and the associated legal risks in the allocation of capital pursuant to his Four Determinants of Legal Risk. In his third pillar, Accountability, Stahl discusses the ever recurring Crisis-Reaction-Acceleration-Sequence-History, in short: CRASH, since the beginning of the millennium starting with the dot-com crash at the turn of the millennium, followed seven years later by the financial crisis of 2008 and the dislocations in the global economy we are facing another seven years later today in 2015 with several sordid debt restructurings under way and hundred thousands of refugees on the way caused by war and increasing inequality. Together with the regulatory reactions they have caused in the form of so-called landmark legislation such as the Sarbanes-Oxley Act of 2002, the Dodd-Frank Act of 2010, the JOBS Act of 2012 or the introduction of the Basel Accords, Basel II in 2004 and III in 2010, the European Financial Stability Facility of 2010, the European Stability Mechanism of 2012 and the European Banking Union of 2013, Stahl analyses the acceleration in size and scope of crises that appears to find often seemingly helpless bureaucratic responses, the inherent legal risks and the complete lack of accountability on part of those responsible. Stahl argues that the order of the day requires to address the root cause of the problems in the form of two fundamental design defects of our Global Economic Order, namely our monetary and judicial order. Inspired by a 1933 plan of nine University of Chicago economists abolishing the fractional reserve system, he proposes the introduction of Sovereign Money as a prerequisite to void misallocations by way of judicial order in the course of domestic and transnational insolvency proceedings including the restructuring of sovereign debt throughout the entire monetary system back to its origin without causing domino effects of banking collapses and failed financial institutions. In recognizing Austrian-American economist Schumpeter’s Concept of Creative Destruction, as a process of industrial mutation that incessantly revolutionizes the economic structure from within, incessantly destroying the old one, incessantly creating a new one, Stahl responds to Schumpeter’s economic chemotherapy with his Concept of Equitable Default mimicking an immunotherapy that strengthens the corpus economicus own immune system by providing for the judicial authority to terminate precisely those misallocations that have proven malignant causing default perusing the century old common law concept of equity that allows for the equitable reformation, rescission or restitution of contract by way of judicial order. Following a review of the proposed mechanisms of transnational dispute resolution and current court systems with transnational jurisdiction, Stahl advocates as a first step in order to complete the Capital Formation Life Cycle from FIAT, the creation of money by way of credit, to EXIT, the termination of money by way of judicial order, the institution of a Transatlantic Trade and Investment Court constituted by a panel of judges from the U.S. Court of International Trade and the European Court of Justice by following the model of the EFTA Court of the European Free Trade Association. Since the first time his proposal has been made public in June of 2014 after being discussed in academic circles since 2011, his or similar proposals have found numerous public supporters. Most notably, the former Vice President of the European Parliament, David Martin, has tabled an amendment in June 2015 in the course of the negotiations on TTIP calling for an independent judicial body and the Member of the European Commission, Cecilia Malmström, has presented her proposal of an International Investment Court on September 16, 2015. Stahl concludes, that for the first time in the history of our generation it appears that there is a real opportunity for reform of our Global Economic Order by curing the two fundamental design defects of our monetary order and judicial order with the abolition of the fractional reserve system and the introduction of Sovereign Money and the institution of a democratically elected Transatlantic Trade and Investment Court that commensurate with its jurisdiction extending to cases concerning the Transatlantic Trade and Investment Partnership may complete the Capital Formation Life Cycle resolving cases of default with the transnational judicial authority for terminal resolution of misallocations in a New Global Economic Order without the ensuing dangers of systemic collapse from FIAT to EXIT.