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B. J. Habibie may have served the shortest term of any of Indonesia’s presidents, but his push for decentralization would affect the country for decades. Habibie came to power in 1998 and immediately set to work restructuring the government. He gave local districts more power, allowing them to elect their own leaders and create their own bylaws. After years of authoritarian rule, these reforms were meant to return power to the people. But that led to local governments engaging in bureaucratic and political conflict with the central government over control of valuable natural resources and the distribution of the revenue they generated. Decentralization became the most important political economic development in Indonesia of the past thirty years. Networked Business and Politics in Decentralizing Indonesia evaluates three cases of deep-seated political conflict and intrigue including central government, local governments, and multinational companies. It looks at how the structure of the national political economy has changed as the result of local politicians becoming involved in disputes with the national government over control of natural resources. It also analyzes how these changes will affect the distribution of wealth in the country as well as Indonesia’s evolving democratic politics and modes of governance.
The “ASEAN Way” is based on the principle of consensus; any individual member state effectively has a veto over any proposal with which it disagrees. Dividing ASEAN and Conquering the South China Sea analyzes how China uses its influence to divide ASEAN countries in order to prevent them from acting collectively to resolve their territorial disputes with China in the South China Sea. Using comparative case studies of China’s relations with Cambodia, the Philippines, and Myanmar, O’Neill argues that the regime type in the country with which China is interacting plays an important role in enhancing or constraining China’s ability to influence the governments of developing states within ASEAN and globally. Authoritarian institutions facilitate Chinese influence while democratic institutions inhibit that influence.
O’Neill argues that as long as ASEAN includes developing, authoritarian regimes, and given that the United States and other global powers are unlikely to risk any serious conflict over each push of China’s maritime boundaries, little by little, China will assert its sovereignty over the South China Sea. Nevertheless, noting the long-term, global trend of states democratizing, he contends that if China chooses to engage in more sophisticated bilateral politics, such as providing incentives to a broader range of interest groups in democratic states, then China will have more success in projecting its power globally
The most accessible policy text available. Policy making is a political struggle over values and ideas. By exposing the paradoxes that underlie even seemingly straightforward policy decisions, Policy Paradox shows students that politics cannot be cleansed from the process in favor of “rationality.” Author Deborah Stone has fully revised and updated this popular text, which now includes many paradoxes that have arisen since September 11. Examples throughout the book have been updated, and the prose has been streamlined to make a great read even better.
This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors’ achievement in describing and analyzing the volume of law created, applied and analyzed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognized author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it. Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors’ substantive rights, including fair and equitable treatment; expropriation; compensation and remedies. Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. International Investment Arbitration: Substantive Principles is an important contribution to the collection and codification of the current state of practice in this field.
A complete guide to contract law in a single volume: author commentary, carefully chosen cases, and extracts from academic materials complement each other to give students all they need for their undergraduate study of the subject.Comprising a unique balance of 40% text to 60% cases and materials, Contract Law: Text, Cases, and Materials combines the best features of a textbook with those of a traditional casebook. The author’s clear explanations and analysis of the law provide invaluable support to students, while theextracts from cases and materials promote the development of essential case reading skills and allow for a more detailed appreciation of the practical workings of the law.The book is accompanied by an Online Resource Centre which includes: * Extra material with in-depth coverage of topics such as illegality and incapacity* Updates on recent developments in the law* Annotated web links to key sources of information on contract law* Self-test multiple choice questions and answers
Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE and aiding and abetting as case-studies in distortion. The substantial harm focus of ICJ invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.
Cheshire, Fifoot & Furmston’s Law of Contract remains one of the leading textbooks on contract law more than 50 years after the publication of its first edition. It combines a clear and authoritative account of the principles of the law of contract with thought-provoking analysis and insights. – The clarity of the narrative and lucid writing style helps to bring understanding of complex issues to a wider readership – Each topic is clearly signposted with summaries, introductory text and sub-headings for ease of navigation throughout the book – Numerous references to additional primary and secondary sources take the reader even further into the subject