This chapter examines the international legal framework on biodiversity, reflects on the scope of its implementation in the Middle East and North Africa (MENA) region, and highlights the way forward for enhancing coherent, holistic, and integrated implementation of biodiversity treaties in the region. It provides an overview of the status of implementation, primarily through an assessment of the progress of the Strategic Plan for Biodiversity including the Aichi targets (2011–2020), under the Convention of Biological Diversity, and assesses the challenges and opportunities of the post-2020 Global Biodiversity Framework. In addition to a literature review, the chapter analyses information from national reports by parties submitted to secretariats to the CBD and on informational platforms such as UNEP’s InforMEA and Law and Environment Assistance Platform.

This chapter provides a conceptual overview of the nature and scope of biodiversity and nature conservation law and policy in the Middle East and North Africa (MENA) region. It explores the different sources of law that underpin biodiversity management in the region. It then discusses the character, status, and force of the different sources, including the interrelationships between them.

The second book of the Bible, Exodus, is the subject of this essay, covering the growth and enslavement of the Israelite nation, early career of Moses, rescue from Egypt, and covenant on Sinai.

Chapter 1 focuses on the revolution of 1688 in Britian, in which the ideal of liberty as independence was promised to the people as the cornerstone of a new constitution to replace James II’s allegedly despotic use of arbitrary power. After examining the Bill of Rights, in which the fundamental rights of the people are laid out, the chapter turns to consider the provenance of the underlying ideal of liberty as independence and its contrast with arbitrary power. One major source is shown to have been the discussion of civil liberty by the historians and moralists of ancient Rome, especially Cicero, Sallust, Livy and Tacitus. The influence of these sources on the development of early modern republicanism in England is traced, especially in the works of Milton and Harrington. The other major source was the discussion of the law of persons in the Digest of Roman law, in which a fundamental distinction was drawn between free persons and dependants, including slaves. The influence of this legal tradition, especially as filtered by Bracton into English common law, is traced in the strand of constitutional thinking that runs from Fortescue and Thomas Smith to Coke, Selden and their followers.

This chapter discusses the 1953 legal challenge to Ceylon’s (present-day Sri Lanka) voter registration laws before the Judicial Committee of the Privy Council in London, one of the first against domestic legislation on citizenship from a former British colony. The Kodakan Pillai appeal, as the case was known, was part of multiple challenges to the immigration, nationality and citizenship regime in Ceylon at the time which discriminated against people who had migrated to Ceylon from India but had permanently settled there for multiple generations. The appeal ultimately failed, and the malaiyaha thamilar – plantation laborers and their descendants – form part of minority populations in Sri Lanka today, stigmatized as ‘migrants’ and outsiders, frequently lacking documentation and evidence of citizenship, and consequently, to land ownership or welfare benefits. Drawing on a rich legal archive of citizenship applications filed before the Commission for Indian and Pakistani Residents in the 1950s, alongside the Kodakan Pillai appeal, this chapter serves as an illustration for why the legal history of statelessness in Asia is important. Given this historical context, it also cautions against solutions to statelessness in the region that solely rely on improved documentation of political belonging.

In June 2020, the largest democracy movement in a generation emerged in Thailand. The movement began with three demands: the current PM must resign, a new constitution must be drafted, and the state must stop threatening dissidents. In August 2020, a fourth demand was added: the monarchy must be reformed. This demand is where the transformative power of the movement came from, but also led to a swift crackdown in the form of police violence and prosecutions. This may appear to be a particularly egregious illustration of the rule-by-law regimes favored by autocrats, but close examination indicates that the law is being used to criminalize peaceful dissent and the mere questioning of how power is exercised. By examining several key cases, this chapter shows how the Thai regime aims to reshape both the rule of law and the polity through the arbitrary exercise of repressive power.

The chapter explores how the legal system, akin to science and economics, serves as a tool for depoliticizing human decisions. It argues that the transformation of political processes into seemingly apolitical directives is a strategic move to prevent the illegitimate use of power and violence. The status of law as autonomous and above politics is examined, tracing its historical roots to the naturalization of law and forming the basis for legitimate legal decisions. The chapter also considers Mahatma Gandhi’s nonviolent politics and Walter Benjamin’s perspective on violence within the law. The instrumental convenience of separating law and politics is examined, emphasizing the role of law in constraining politics and power. As Judith Shklar observes, the threefold approach to law in Western tradition – apolitical law, depoliticized law following parliamentary processes, and positive law imposed by hegemonic power – reflects different bases of objectification. The power of natural law, both enhancing and restricting individual freedom, is explored in the context of its capacity to disassociate from politics. The chapter concludes by discussing the broader implications of objectification in fields such as science, technology, and economics, emphasizing the impact on public trust and the diminishing space for ethical and political considerations in contemporary democracy.

This chapter identifies striking convergences between the juridical techniques used in migration control and under colonial rule. These include strategic manipulations of jurisdiction, a legal system based on racialized status categories, normalization of a state of exception, and racialized determinations of culpability. Border externalization and extraterritorialization, reconsidered alongside the colonial practice of manipulating jurisdiction, should be understood as a juridical tactic that aims to evade responsibility for the state violence wielded against racialized migrants. On the basis of a comparative analyses of colonial and migratory juridical regimes, the chapter underscores the key role that law plays in maintaining and justifying racial domination in these two different contexts. The juridical regime in both can be best described as one of “lawful lawlessness,” to borrow a phrase introduced by Austin Sarat and Nassar Hussain, as the lines between “lawful” and “lawless” increasingly blur when law is put in the service of racial domination. To examine this blurring, the chapter turns to the 2020 ruling of the European Court of Human Rights in N.D. and N.T. v. Spain, which condoned the Spanish pushback operations and blamed migrants from “sub-Saharan Africa” for their “culpable” conduct.

The transnational movement of peoples across the globe is one of the most bitterly contested political issues of our times, eliciting populist anger against migrants and refugees. This public outcry has muffled, however, a more dramatic process: the contemporaneous reconfiguration of territory, rights, and jurisdiction. This chapter highlights the formation of “shifting borders” that enable states to create lawless zones as well as rightless subjects. It then explores a combination of juridical and democratic possibilities for resistance and claims-making in a world of shifting borders and cosmopolitanism without illusions.

This book is an introduction to the new field of legal design and a primer on both the application and theory of legal design that has developed so far in a decade of exploration and experimentation. We have assembled case studies of pioneering efforts from around the world, collected examples of methods and perspectives just now coming into focus, and offer a handful of proscriptions for the future. Bookending those three subject areas are both individual and collective articulations of these editors’ frames of reference and influence in our work together—dignity, law, and radical imagination. Our collective frame for this volume is relentlessly optimistic. We believe that the new field of legal design provides a promising intervention for challenging the harmful systems, structures, methodologies and outcomes that currently define legal systems, and designing systems that actually embody and effectuate the full promise of the rule of law – a just, peaceful, and equitable world for everyone.

In this chapter, I introduce philosophical conceptions of dignity and how the framework can serve as the foundation for the interdisciplinary collaboration between design and law as a way to promote human and social values. I further highlight the significance of dignity by providing problematic examples in the intersection of design and law. I propose that there is a need to investigate the moral principles underlying human-centered design in collaboration with law. Together, design and law will contribute to the development of service systems that can improve dignity in citizens’ everyday lives and create positive and real changes in the world.

This introduction sets out the aims and approach of the book. Following an introduction to the Norwegian post-war reckoning and a review of the existing literature on the topic, it argues that only an analysis of the full time span of the trials can uncover their complex dynamics and the changing positions of their key actors over time. The introduction then sets out the analytical framework of the book, which is to explore the – at times competing – legal and political rationales of the trials in face of a rapidly changing political and social climate.

The concluding chapter reflects on the everyday lives of sex workers, police officers and public health officials in China under Xi Jinping, and considers policy implications of the book’s findings.