Epistemological and ethical understandings of access and allocation in Earth System Governance: a 10-year review of the literature

“Access and allocation” is one of the five analytical problems identified as key for analysing earth system governance in the first Earth System Governance Science and Implementation Plan officially published in 2009. Ten years later and with a new Science and Implementation Plan in place, it is time to take stock. Therefore, this paper addresses the question: What does a decadal review of the Earth System Governance literature tell us about how to conceptualize and define access and allocation, what ethical norms and epistemologies underlie access and allocation research, and what does Earth System Governance scholarship reveal about the interplay between access and allocation and other norms? We find that: (a) there is a relatively small body of the Earth System Governance literature on access and allocation, albeit growing; (b) this literature is largely empirical and dispersed across a variety of topics; and (c) there is a diversity of ethical norms and principles emphasized in Earth System Governance scholarship, but the dynamics between different forms of access and related implications for allocation are relatively underexplored. In light of these findings and with a new Earth System Governance Science and Implementation Plan in place, this paper highlights key areas for further research and development.

     

The Land Registration Act 2002 – the Show on the Road

This article reviews the Land Registration Act 2002, taking advantage of the deeper perspective afforded by the intervening decade, and absorbing subsequent developments – and, in the case of the Act's electronic conveyancing project, non‐developments – that have also come to contribute to the picture. It suggests especially that while the Act's central idea of conclusive, indeed ‘constitutive’, registration can be beneficial, its deployment here has been problematic. In particular, the lapse of electronic conveyancing, and the possibility (resisted by the courts) that conclusive registration can be procured by fraudsters, have diminished the control that parties have over dispositions of their own title, to the detriment of their autonomy; and over‐preoccupation with the central idea has resulted in a failure to think carefully enough about problems to which it was never going to be the answer.     

Power transition and the regulatory state in large emerging markets: Norm-breaking after the global financial crisis

I examine the ways in which the global financial crisis that began in 2007, and whose effects arguably condition policymaking to the present day, affected the ongoing global power transition as manifested by the unilateral decisions undertaken by official agencies comprising national regulatory states. The theory of that power transition articulated in the overview paper of this Special Issue is reinterpreted to take into account the circumstances of that crisis. Empirical evidence on the propensity to discriminate against foreign commercial interests by the BRICS, Turkey, the European Union, and the United States during the years 2008 to 2017 at, and behind, the border is employed to identify a group of six potential rule-shapers and two possible sham rule-takers.     

Who Am I?: Using Reflective Practice and Self-determination to Redefine ‘Employability’ in Legal Education

Liverpool Law Review - This study examines the value of undergraduate law students undertaking structured and assessed reflective practice as part of their studies, in the context of competing...     

Fatal suicidal injury of a radiocephalic arteriovenous fistula

A 59-year-old man was found dead in his living room. His body was covered with blood, but the only injury found was a 31-mm-long, transverse incision on the radial surface of the left forearm. Autopsy revealed that the injured vessel was an enlarged cephalic vein from a radiocephalic arteriovenous fistula (RC-AVF) that had been created 23 years before for hemodialysis. Cephalic vein injury is usually not fatal, but circumstantial evidence, autopsy, and histological findings suggested that hemorrhagic shock and death occurred within a short time after the self-inflicted incised wound. This may be explained by the blood flow rate in the RC-AVF, which can reach 12 ml/s; this is 25 times higher than the normal cephalic vein blood flow.     

Derrida and the Philosophy of Law and Justice

Readings of Derrida’s work on law and justice have tended to stress the distinction between them. This stress is complicated by Derrida’s own claim that it is not ‘a true distinction’. In this essay I argue that ordinary experiences of the inadequacy of existing laws do indeed imply a claim about what would be more just, but that this claim only makes sense insofar as one can appeal to another more adequate law (whether the projection of a new law or an existing ‘higher’ law). Exploring how Derrida negotiates a subtle path between classical Platonism and classical conventionalism about justice, the attempt is made to take seriously Derrida’s aim to affirm the idea of a ‘mystical’ foundation of the authority of laws by taking ‘the use of the word “mystical” in what I venture to call a rather Wittgensteinian direction’.     

Megan's Law: Crime and Democracy in Late Modern America

To an unprecedented degree American society at the turn of the twentieth century is governed through crime. Nearly three percent of adults are in the custody of the correctional system. Crime and fear of crime enter into a large part of the fundamental decisions in life: where to live, how to raise your family, where to locate your business, where and when to shop, and so on. The crime victim has become the veritable outline of a new form of political subjectivity. This essay explores the complex entanglements of democracy and governing through crime. The effort to build democratic governance after the American Revolution was carried out in part through the problem of crime and punishment. Today, however, the enormous expansion of governing through crime endangers the effort to reinvent democracy for the twenty-first century.     

Institutional Racism in Bureaucratic Decision-Making: A Case Study in the Administration of Homelessness Law

This article reports findings from an ethnographic research project which investigated the influence of judicial review experiences on the decision-making processes of three heavily litigated local government agencies. The research focused on the administration of homelessness law in local government in England. However, the particular findings which emerged from fieldwork and which are discussed in this article concern institutional racism. 'Institutional racism', of course, is a much-used and contested concept and may refer to a number of sources of discrimination. The aim of this article is both modest and particular. It presents a case study of how systemic discrimination may be socially produced within the bureaucratic processes of organizational decision-making.     

Brexit and UK International Development Policy

In this article we explore the implications of Brexit for the UK and the EU's development policies and strategic directions, focusing on the former. While it is likely that the operational process of disentangling the UK from the various development institutions of the EU will be relatively straightforward, the choices that lie ahead about whether and how to cooperate thereafter are more complex. Aid and development policy touches on a wide range of interests—security, trade, climate change, migration, gender rights, and so on. We argue that Brexit will accelerate existing trends within UK development policy, notably towards the growing priority of private sector‐led economic growth strategies and blended finance tools. There are strong signals that UK aid will be cut, as successive secretaries of state appear unable to persuade a substantial section of the public and media that UK aid and development policy serves UK interests in a variety of ways.