According to First Amendment orthodoxy, we must protect the thought we hate in order to protect the speech we love. Defending the free speech rights of neo-Nazis, pornographers and cross-burners – the speech of white male supremacy – supposedly secures the free speech rights of women and minorities. Free speech orthodoxy thus urges women and minorities to see themselves, quite literally, in white men. Feminist theory demonstrates, however, that protecting free speech for white men, far from protecting women and minorities, sacrifices and silences them. If free speech for all is the desired outcome, a dramatic reorientation of free speech theory and practice is required. Rather than urging women and nonwhite men to see themselves in white men, white men should be urged to see themselves in women and nonwhite men. When women’s free speech is protected, everyone’s free speech is protected.
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In the first section of this chapter, I analyze the current transformations of the definition, organization, and modalities of acquisition by which national security is delimited in different countries, and I argue that national security is no longer national as such, nor does it correspond to a traditional understanding of security as protection from war. This change in national security practices is what I call ‘the emergence of a digital reason of state’ based on the possibility for intelligence services to cooperate and compete to extend their goals of prevention of crime, terrorism or espionage by the inclusion of technologies collecting traces of human activities. This state of the game challenges the very idea of a ‘national’ security but this is not accepted or even acknowledged by security and intelligence studies. To understand nevertheless the structural changes, I propose in the second section to use the notion of field of struggles in a Bourdieusian sense in order to understand the battles between the actors that I called a transnational guild of the management of sensitive information, as well as the public controversies around the inevitability of large-scale surveillance. The positions of the field inform the struggles in terms of symbolic power between the actors and also the compliance of large parts of the public. The next element that I analyse in a third section is concerned with the forms of defiance and resistance against the power of these transnational guilds, that lawyers and judges or hackers try to put in motion, but which are often to some extent paralysed by the rapid acceptance that current technologies are inevitable and necessary. This form of doxa regarding the social effects of digital technologies impacts on the public at large and many academics, and reinforces a priori compliance, but is also generating alternative behaviours.
Patrick Kinsch, Chris Thomale and Fabien Marchadier
Kiobel is a landmark decision, handed down by the United States Supreme Court in 2013, in the field of jurisdiction for corporate human rights violations. The claims here were brought under the Alien Tort Statute, by Esther Kiobel and other Nigerian nationals, in a putative class action against The Shell Petroleum Development Company of Nigeria and other related entities before the United States District Court for the Southern District of New York. It was alleged that the respondents, while operating oil production facilities in the Ogoniland region of the Niger Delta between 1992, were complicit with the Nigerian government’s human rights abuses. The crimes consisted of murder, torture, unlawful detention, expropriation and exile of the group of petitioners and their relatives. The District Court dismissed the claims. Both parties cross-appealed to the US Court of Appeals for the Second Circuit. The question was whether civil liability could be attached to corporations under the law of nations for the purposes of the Alien Tort Statute, which provides that ‘the district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.’ On 17 September 2010, the Second Circuit found that claims could not be brought against corporations under the Alien Tort Statute. The petitioners asked the Supreme Court to grant a review of the Second Circuit’s decision. Oral arguments were held on 28 February 2012.
Kamila Borsekova and Peter Nijkamp
Since time immemorial, humanity has been affected by unanticipated disasters and external shocks of various kind (e.g., natural catastrophes, wars and so on). In many cases these disasters and external shocks are devastating for the human and geographic systems concerned. However, though initially severe shocks may seemingly create a desperate situation, it appears from human history that often disasters may create challenges or threats which may be turned into new opportunities. This ‘challenge and response’ mechanism of human societies (advocated in Toynbee’s 1934–61 A Study of History) represents an unprecedented degree of learning and adaptation behaviour which may lead to relatively stable social and spatial systems in the long run. Such systems apparently comprise an abundance of responsive or creative talent which makes these systems highly resilient and adaptive. This also holds for cities as complex adaptive systems in the geography of our world. Despite the worldwide urbanization mega-trend, not all cities exhibit the same development pace; some may show an unprecedented growth rate, while others may temporarily even show a decline. Urban growth and urban shrinkage are often taking place in tandem. Worldwide, urban areas are usually showing a life cycle pattern with time-varying upturns and downturns, sometimes similar to business life cycles in industry. In contrast to a regular life cycle pattern of urban agglomerations caused by endogenous forces of a city or urban system, this chapter aims to focus attention on the external shocks that impact the urban system as a whole and that lead to disequilibrating forces, without any prior guarantee of a stable outcome or a return to the original position. The main focus in this chapter is on the long-range response and recovery mechanism of the city. The main proposition put forward and tested in the present study is whether, how and why a city – as an organized type of dynamic spatial system –, once it is dramatically affected by an external shock or disaster, is able to recover. Can human response (e.g., adaptation, abatement measures) lead to a more favourable long-run outcome, and if so, under which conditions? The authors analyse this question by employing a long-run database on the occurrence of shocks in spatial systems in order to trace the evolution of cities in our world. This means a painstaking examination of heterogeneous information on disasters from different places on earth. Data mining from this information base is realized on the basis of the Emergency Events Database, EM-DAT, while the outcomes are evaluated inter alia through a correlation analysis among types of disaster, level of economic adaptation, and a broader set of factors such as risk-reducing infrastructure and services, catastrophe insurance and so on. In the chapter, the authors distinguish economic impacts of disasters from other consequences of disasters, like death tolls, and other social and cultural impacts. The authors’ findings seem to confirm their proposition on the long-term auto-organizing capability of cities to ensure a resilient development. The comprehensive approach to risk assessment, identification and management proposed in the chapter serves to depict a desirable urban resilience pattern after an external shock.
Elsa Supiot and Michael Wells-Greco
The Blood case concerns access to health care and health services, in relation to assisted reproductive technology. It raises ethical and legal questions around the right to bodily integrity, the right to family life and the right to health within the framework of the European Union. Mrs. Diane Blood married her husband, Stephen, in 1991, according to the rites of the Anglican Church. In 1994, Mrs. Blood and her husband commenced plans to start a family. Soon after, Mr. Blood contracted meningitis. In March 1995, while her husband was in a comatose state, Mrs. Blood asked the doctors to take samples of Mr. Blood’s sperm. After his death, Mrs. Blood commenced a legal battle to use these samples, entrusted in the care of the Infertility Research Trust (IRT), so as to bear her late husband’s child. The Human Fertilisation and Embryology Act 1990 prohibited the storage or use of gametes without the clear written consent of the gamete provider. In the case at hand, Mr. Blood had never signed this document. As a result, the authorities (HFEA) could not allow Mrs. Blood to undergo assisted reproductive treatment in the United Kingdom. The question, therefore, was whether the HFEA would authorise the release of the sperm abroad for treatment in another EU country. Mrs. Blood requested that the sperm be exported to Belgium, where she could obtain treatment under Belgian law. Nevertheless, the authorization was not granted. In response, Mrs. Blood filed an application for judicial review.
Amanda Murdie, Baekkwan Park, Jacqueline Hart and Margo Mullinax
The issue of child marriage has recently become a major focus for advocacy organizations. This project tracks the changing dynamics of campaigns against child marriage as an emerging pathway of the human rights regime: diffusion. Focusing on 35 non-governmental organizations (NGOs), intergovernmental organizations (IGOs), government agencies, and legislative bodies, the project uses machine-learning approaches to analyze over 14,000 documents produced by these organizations since 2011. Using a variety of statistical tools, the project analyses how the eradication of child marriage became entrenched in the existing advocacy lexicon over time. The project also focuses on the organizational characteristics that aid in the production of more child marriage-related documents on the topic over time. Further, the project offers tentative evidence that NGOs may be changing the media’s discussion of the issue.
John D. Nelson and Tao-Tao Deng
Bus Rapid Transit (BRT) projects in China have experienced rapid growth over a relatively short period, in terms of the number of lines launched and the high quality of infrastructure implemented. Since the first full-featured BRT system was implemented in Beijing in late 2004, BRT schemes have been implemented in 22 cities as one of the key strategies for relieving traffic problems. These systems vary in size, design, service plan, operating features and technology application. The chapter aims to describe and evaluate the physical characteristics, technical performance and operational issues associated with BRT systems as implemented globally and particularly in Chinese cities. A SWOT analysis is applied to identify the key factors that are important to implement BRT in the Chinese context and to identify lessons to be learned.
Sara Dezalay and Simon Archer
The Trafigura case concerns corporate liability related to environmental damage in a transnational setting, which raises questions of ethical responsibility of multinationals. The main lawsuits took place in Ivory Coast, in the United Kingdom and in the Netherlands. In late 2005, a multinational trading company called Trafigura decided to buy large amounts of an unrefined gasoline in order to use it as a blendstock for fuels. The process of refining this product is known as caustic washing and it was carried out on a ship named Probo Koala. The company knew beforehand that the resulting chemical waste would be difficult to treat or dispose of. On 19 August 2006, Probo Koala unloaded the waste shipment at open-air sites at Abidjan, Ivory Coast. Soon afterwards, according to the allegations in this case, the people living near the discharge sites began to suffer from a range of illnesses. Subsequently, at least 100,000 sought medical attention for conditions which were attributed to the presence of toxic waste and a considerable number of people died. In November 2006, the High Court of Justice in London agreed to hear an action by some 30,000 claimants from the Ivory Coast against Trafigura. Trafigura denied responsibility, claiming that the substances were standard waste from onboard operations of ships that were entrusted to an Ivorian disposal company.
The CARICOM region has a rich and varied colonial and immigration history with manifestations in natural and cultural heritage, creative industries and tourism. It is home to some of United Nations Educational, Scientific and Cultural Organization’s (UNESCO) world heritage sites, attractive tourist destinations that contribute to the economic wealth of the region. The cultural and natural heritage of the region is protected by several international agreements. These operate in tandem with several environmental norms, including sustainable development, environmental justice, inter- and intra-generational equity, the precautionary and polluter pays principle, and others. This chapter untangles the web of actors and sectors that are most relevant to the governance of the region’s tangible cultural and natural heritage. It explains how conservation norms are embedded in regional and national governance and invoked to preserve heritage. It highlights the prominent and positive involvement of the non-state sector in preserving cultural and natural heritage for future generations.
In 1851, settlers chasing apparently hostile Native Americans entered a valley of the Sierra Nevada, California; they called it Yo Semite. They were overwhelmed by this yawning valley riven by glaciers, with a peaceful river at the bottom running between woods and meadows and surrounded by immense walls of granite and cascading waterfalls. They hurried to chronicle it and many newspapers across the country ran it. The site’s renown grew in several years.