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Edited by Harald Bathelt, Patrick Cohendet, Sebastian Henn and Laurent Simon

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Preface

Towards an Integrative Approach

Edited by Harmen Van der Wilt and Christophe Paulussen

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Harmen van der Wilt

In international criminal law doctrine, a distinction is usually made between international crimes stricto sensu and transnational crimes. The first mentioned category covers the most heinous crimes and suspects can be exposed to the jurisdiction of international criminal courts and tribunals. Transnational crimes concern harmful activities, whose volatile nature constitutes a nuisance for national law enforcement. They are the subject of so-called ‘suppression conventions’ that instruct states to engage in closer cooperation in criminal matters. However, neither the dichotomy between the two categories, nor the choice for the most appropriate level of law enforcement is cast in stone. After an investigation into the relationship between the taxonomy of crimes and criminal law enforcement, the chapter concludes that the choice of the most adequate forum need not necessarily be defined by the nature of the crime – transnational or international.

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Ed Couzens, Alexander Paterson and Sophie Riley

This chapter begins with an explanation of the various threats facing, first, marine biodiversity and, second, biodiversity in forests. Both suffer from numerous threats and from the increased cumulative impact of these threats. The chapter then considers the legal framework for governance of marine biodiversity, explaining that there have been four major documents or instruments which have driven this legal development more than have any others: Huig de Groot’s pamphlet Mare Liberum, published in 1609; the judgment in 1898 of the arbitral tribunal in the Bering Sea Fur Seals Arbitration; the Proclamation by US President Truman in 1945 of a ‘Policy with Respect to Coastal Fisheries in Certain Areas of the High Seas’; and finally the United Nations Convention on the Law of the Sea (UNCLOS) (adopted 1982, entered into force 1994). A fifth may soon be adopted – if current efforts toward a global convention on the protection of biodiversity in areas beyond national jurisdiction are successful. In addition to these, there are hundreds of relevant international instruments, of global, regional and bilateral scope. In contrast, it is explained, there is little international regulation of forests, with many of the most relevant instruments being of a non-binding nature, such as the Forest Principles of 1992. In the face of this absence of regulatory instruments, recourse must be had to instruments of a more general nature. In conclusion, similarities and differences are highlighted between the regulatory regimes for forests and the marine environment, and it is noted that while one is arguably over-, and the other under-, regulated, neither is having the desired effect, and biodiversity is declining in both. That neither approach is working effectively is instructive, and a topic worth further study.

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Regina Wentzel Wolfe and Patricia H. Werhane

Jeroo Billimoria is the founder of nine social ventures, including MelJol, Childline India, Child Helpline International, Aflatoun International and Child and Youth Finance International (CYFI). She is considered one of the world’s leading social entrepreneurs. She has been an Ashoka Fellow since 1998 and is a Schwab Fellow of the World Economic Forum. In 2006 she received a Skoll Award for Social Entrepreneurship. She serves on the boards of MelJol, Child Helpline International, Aflatoun International and CYFI. In January 2017 Ms. Billimoria stepped down as Managing Director of CYFI to take some time off for personal growth and development.

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The Janus face of social innovation in local welfare initiatives

Changes, Challenges and Policy Implications for Europe in Times of Austerity

Liisa Häikiö, Laurent Fraisse, Sofia Adam, Outi Jolanki and Marcus Knutagård

Social innovation in the context of social services is generally portrayed as a way of doing things better by directly involving individuals and communities in the design and co-production of such services. In this chapter, we argue that social innovation has an ambivalent character. We identify mainstream and radical policy discourses on social innovation that share the view that social innovation is a positive social phenomenon but differently outline the meaning of social innovation. Four case studies on local welfare initiatives for the provision of social and health services in Finland, France, Greece and Sweden highlight how the values and aims of social innovation that have been mobilized are flexible and vary according to the context in a pragmatic manner. In addition, the four cases show how institutionalization and up-scaling are a major challenge, with sustained societal change remaining partial and somewhat unreachable for local welfare initiatives. We conclude that social innovation can be differentiated on the basis of who the key actors are and what the role (and power) of citizens is in relation to institutional actors and the dominant social order.

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Introduction: The theory of institutional innovation – an overview

Promises and Limits of Democratic Participation in Latin America

Leonardo Avritzer

The introduction of the book discusses the state of the art of the theory of institutional innovation and discusses the main theme of the book in the following terms: because there are good reasons to promote innovation but also to stick with a democratic core of norms without which democracy itself may be endangered, the key question is: how can we learn to separate the positive from the negative elements of institutional innovation?

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Erkki J. Hollo

The introductory note gives on overview of the main characteristics and structures of law relating to water management. The legal roots go far back into ancient cultures. In modern laws water resources are classified as public and private waters. Accordingly, in national laws property rights to waters are regulated differently. The differences are not relevant for planning and decision-making in matters concerning water management projects because here public interests and environmental concerns are decisive. International water law aims at solving conflicts between states concerning transboundary and international waters. This implies certain limitations on state sovereignty and respect for the interests of other parties to a watercourse. The leading principles have to some extent been developed on the basis of national models. One deficiency concerning compliance with international commitments is the lack of efficient control and practical sanctions, in particular in cases of hostile or careless neighbours. Keywords: Introduction (Hollo): International water law, European water law, water rights, basin principle, water governance

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Introduction: the big challenges

The Impact on Labour Markets and Welfare States

Bent Greve

A number of presentations around and analysis of the possibilities of using new technology – from robots, Google cars to the ability to use Big Data to solve complex problems – have been put forward in recent years. Authors have tried to estimate the impact on labour markets and possible job losses because of the dramatic changes in the ways in which we will be able to produce and consume goods compared to previous times. This chapter will outline the hypothesis of how the changes will influence especially labour markets and welfare states in Europe, and indicate why these may have a profound impact on our understanding of dualisation within labour markets. It will further outline the content of the book.

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Frank Trovato