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Based on immersive and extensive participant observation across six Islamic funeral homes in Berlin, this chapter focuses on the mediating role that Muslim undertakers play between immigrant families and the German state. As intermediaries, undertakers guide minority families through the cultural, religious, political, and legal landscapes structuring the transitions from life to death. In reconciling competing sets of administrative and cultural norms, they preside not only over end-of-life decisions and their theological implications, but also over pedagogical moments of sociocultural integration in contemporary Germany. Undertakers teach lessons about the state to minoritized citizens but also offer lessons to the state about its own citizenry, often by countering negative stereotypes about Islam and Muslims in Germany.
A third state is a state not a party to a treaty. The general rule is that a treaty does not create obligations or rights for a third state without its consent. Articles 35 and 36 of the Vienna Convention on the Law of Treaties elaborate the general rule by setting out the circumstances in which a treaty can apply to a third state. Before a third state can be bound by an obligation to a treaty to which it is not a party, the parties must intend the provision to establish an obligation for the third state, and the third state must expressly accept that obligation in writing. A right arises for a third state under a treaty if the parties so intend and the third state assents. The chapter discusses the application of these rules, and obligations erga omnes, defined as obligations in whose observance all states can be held to have a legal interest.
The chapter considers the ICJ’s contribution to the law of State responsibility, looking back to the Court’s contribution to the codification of that law by the ILC: looking at the Court’s current attitude to the ILC’s Articles on State Responsibility; and looking to the future, addressing one of the main challenges facing the Court in this field, that of multilateral disputes. The author concludes that the Court has been an important player in this field of international law, and it has made a significant contribution to vesting the ILC Articles with the authority they have today. According to this chapter, the Court has an important role to play going forwards in the growth and development of community interest litigation for the enforcement of erga omnes obligations.
Anishinabe and Mohawk traditional knowledge keepers share their testimony on the crises we are facing today and the choices we need to make for our relationship with Mother Earth. They shed light on traditional principles and prophecies, and on the path towards reconciliation, balance and peace. Grandmother Marie-Josée Tardif, a leader in Anishinabe cultural and spiritual revitalisation talks about restoring the balance with the feminine and our being human. She highlights the role of spiritual traditions and religions in addressing current global challenges. Grandfather T8aminik Rankin, Anishinabe Hereditary Chief and medicine man, who survived the residential schools and led the way towards reconciliation, talks about healing our relationships and walking on the path of reconciliation with ourselves, with other beings and with Mother Earth. Grandfather Ka’nasohon Kevin Deer, a Mohawk faith keeper, leader in Iroquoian cultural and spiritual revitalisation, talks about the necessary change in consciousness to see, to hear and to speak differently, and about the path of the peacemaker.
International organisations include global organisations such as the United Nations and regional organisations such as the European Union. The chapter examines constituent instruments and their interpretation, membership (which may include non-state entities) and withdrawal, including the withdrawal of the United Kingdom from the European Union. International organisations have the capacity to enter into treaties but may only conclude agreements in those areas in which they are competent to act. The Vienna Convention of 1986 adapts the rules of the 1969 Convention to apply to international organisations, but it is not yet in force. The chapter examines bodies which play a role in recommending or negotiating treaty texts (including the United Nations, UN Sixth Committee and the International Law Commission) and those which play a role in settling disputes (such as the International Court of Justice) and in monitoring compliance (such as the Human Rights Committee). It looks at special cases, including the OSCE, Commonwealth and European Union.
The chapter considers the process of nomination and election of judges, as well as their qualifications and the outcomes of the election process. It then examines the way in which the Court engages as a judicial body with the parties, with specific reference to the Court’s exercise of its advisory jurisdiction. Finally, it discusses the process of decision making, before drawing conclusions on the outcomes of that process, i.e. the judgments and opinions of the Court.
People often assume that to give ourselves a fighting chance of avoiding catastrophic climate change, we need either inspired political leadership, or a moral revolution in society. Both would be nice to have, but there are more plausible ways to make faster progress. They involve thinking differently. We need science that gives us risk assessment instead of prediction; economics that understands change instead of assuming stability; and diplomacy that focusses on international collaboration instead of unilateral national action.
The UK’s desire to prove its international relevance after Brexit, together with the COVID pandemic, produced a unique opportunity: a two-year Presidency of the UN climate talks for the country that has long been the most active in climate change diplomacy. A chance to test a new approach – after thirty years of slow progress, better late than never.
This chapter reflects on the normative and social dimensions of the transition to a circular bio-based economy (CBE). It first argues that current practices in a CBE are framed within the market or economic logic and miss the normative dimension of the call for circularity. The transition to a CBE requires a fundamental reflections on the role of economic actors in the social and ecological environment with significant consequences for their business practices. Second, the chapter argues that the transition to a CBE requires an acknowledgement of the normative and social dimension of this transition at the meso and macro levels, and the establishment of an environmental and social logic on the micro level of business practices. Third, it argues that the concept of responsible innovation can help to articulate the normative and social dimension of the transition to a CBE, and enables the operationalisation of the environmental and social logic at the micro level. In this respect, responsible innovation can be understood as a driver for the transition to a CBE.
The chapter traces the origins of the ICJ in its predecessor, the PCIJ, and then considers the Court’s core functions: deciding the disputes submitted to it and exercising its advisory functions. It also critically examines the Court’s functions in finding and developing the law, and in maintaining international peace and security.