On 22 January 2013, the Philippines initiated compulsory arbitration against China under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) with regard to their disputes in the South China Sea. The Award on Jurisdiction and Admissibility issued on 29 October 2015 and the Final Award issued on 12 July 2016 have been the most anticipated decisions from an international tribunal in the law of the sea, since the entry into force of UNCLOS in 1994. This introductory chapter provides an overview of UNCLOS dispute settlement mechanisms, the background to the South China Sea disputes and the key legal issues in the South China Sea Arbitration necessary to understand the legal implications of the Awards.
S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan
Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger
Edited by Sybe de Vries, Elena Ioriatti, Paolo Guarda and Elisabetta Pulice
Edited by Gita Steiner-Khamsi and Alexandra Draxler
Fritz Sager, Christian Rosser, Céline Mavrot and Pascal Y. Hurni
Paul D. Reynolds
Mireille de Koning
As the PPP in education phenomenon increases in volume and reach, so does the intensity of the interchange around their legitimacy and pertinence. This chapter discusses concerted efforts undertaken by a growing body of national and international civil society organizations from the education and human rights fields to bring a human right perspective to the discourse around the implications of the increased involvement of private actors in education. It outlines the process, including the tensions arising from diverging views about policy approaches to private education as part of education systems. It describes and analyzes both the difficulties of such a process and the theoretical and analytical progress made in developing guiding principles for the involvement of private partners (for profit or not-for-profit) using human rights as both an ethical and legal framework. the chapter will conclude that the ongoing development of a normative framework is built on a process of informed and critical reflection by different stakeholders attempting to navigate and find a way forward in a contentious debate on the role of private actors in education.
Ugo Mattei and Alessandra Quarta
In this chapter we analyze the cultural and legal evolution of property rights. We discuss the role of the owner’s right to exclude, in order to verify the limits of a paradigm of property based on exclusivity. Our focus will be redistribution, the commodification of natural resources, as well as transformations of the paradigm by technological developments. At the end of the chapter, commons are presented as the best legal tool for modifying property through a focus on access and qualitative relationships.
Zeena Zakharia and Francine Menashy
This research explores the complex interrelationship between conflict and private sector participation through a case study of the education of Syrian refugees. Conducted in mid-2016 to early-2017, our study sought to better understand: (a) which private entities are engaging in Syrian refugee education in Jordan, Lebanon, and Turkey; (b) the activities through which private companies and foundations support education; and (c) the rationales and motivations that drive their involvement. Our study sheds light on areas for concern and limitations to the assumed capacity of the private sector to understand and work within rapidly evolving humanitarian contexts.