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In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Perceptions of Africa have changed dramatically. Viewed as a continent of wars, famines and entrenched poverty in the late 1990s, there is now a focus on “Africa rising†? and an “African 21st century.†? Two decades of unprecedented economic growth in Africa should have brought substantial improvements in well-being. Whether or not they did, remains unclear given the poor quality of the data, the nature of the growth process (especially the role of natural resources), conflicts that affect part of the region, and high population growth. Poverty in a Rising Africa documents the data challenges and systematically reviews the evidence on poverty from monetary and nonmonetary perspectives, as well as a focus on dimensions of inequality. Chapter 1 maps out the availability and quality of the data needed to track monetary poverty, reflects on the governance and political processes that underpin the current situation with respect to data production, and describes some approaches to addressing the data gaps. Chapter 2 evaluates the robustness of the estimates of poverty in Africa. It concludes that poverty reduction in Africa may be slightly greater than traditional estimates suggest, although even the most optimistic estimates of poverty reduction imply that more people lived in poverty in 2012 than in 1990. A broad-stroke profile of poverty and trends in poverty in the region is presented. Chapter 3 broadens the view of poverty by considering nonmonetary dimensions of well-being, such as education, health, and freedom, using Sen's (1985) capabilities and functioning approach. While progress has been made in a number of these areas, levels remain stubbornly low. Chapter 4 reviews the evidence on inequality in Africa. It looks not only at patterns of monetary inequality in Africa but also other dimensions, including inequality of opportunity, intergenerational mobility in occupation and education, and extreme wealth in Africa.
This book explains the Saudi decision to launch a direct military intervention in Yemen in 2015 by comparing it with the monarchy’s response to Egyptian intervention into Yemen in 1962. It does so through the lens of domestic politics by tracing the monarchy’s response to the opposition in both time periods, and how this was informed by the different regional contexts of the 1960s and the 2011 Arab Spring. The study argues that Saudi Arabia enhanced its own institutions, including a pan-Islamic ideological justification to rule, in response to aggression from Egypt and its revolutionary pan-Arab ideology. This contributed to a relatively cautious Saudi foreign policy in response to regional threats from Arab nationalism, along with a strategy of co-optation within the kingdom. In contrast, the non-ideological threat embodied in the Arab Spring posed a more existential danger to Saudi legitimacy. The new crown prince manipulated the regime’s sense of anxiety from this to consolidate power through further scapegoating of the Shi’a minority, exacerbated tensions with foreign rivals, and, most blatantly, the 2015 intervention in Yemen. Comparing Saudi foreign policy changes from the Arab nationalist period to the post-Arab Spring period, this volume is a valuable resource for scholars and students interested in political science, history, international relations and Middle East politics.
Major new study of secular-religious boundaries and the role of the clergy in the administration of Italy's late medieval city-states.
This Open Access book explores heritage conservation ethics of post conflict and provides an important historical record of the possible reconstruction of the Bamiyan Buddha statues, which was inscribed in the UNESCO World Heritage List in Danger in 2003 as “Cultural Landscape and Archaeological Remains of the Bamiyan Valley”. With the condition that most surface of the original fragments of the Buddha statues were lost due to acts of deliberate destruction, this publication explores a reference point for conservation practitioners and policy makers around the world as they consider how to respond to on-going acts of destruction of cultural heritage. Whilst there has been an emerging debate to the ethics and nature of heritage reconstruction, this volume provides a plethora of ideas and approaches concerning the future treatment of the Bamiyan Buddha statues. It also addresses a number of fundamental questions on potential heritage reconstruction: how it will be done; who will decide; and what it should be done for. Moreover when it comes to the inscribed World Heritage properties, how can reconstructed heritage using non-original materials be considered to retain authenticity? With a view to serving as a precedent for potential decisions taken elsewhere in the world for cultural properties impacted by acts of violence and destruction, this volume introduces academic researches, experiences and observations of heritage conservation theory and practice of heritage reconstruction. It also addresses the issue not merely from the point of a material conservation philosophy but within the context of holistic strategies for the protection of human rights and promotion of peace building.
What happens when UNESCO heritage conventions are ratified by a state? How do UNESCO’s global efforts interact with preexisting local, regional and state efforts to conserve or promote culture? What new institutions emerge to address the mandate? The contributors to this volume focus on the work of translation and interpretation that ensues once heritage conventions are ratified and implemented. With seventeen case studies from Europe, Africa, the Caribbean and China, the volume provides comparative evidence for the divergent heritage regimes generated in states that differ in history and political organization. The cases illustrate how UNESCO’s aspiration to honor and celebrate cultural diversity diversifies itself. The very effort to adopt a global heritage regime forces myriad adaptations to particular state and interstate modalities of building and managing heritage.
The debate on political reform in the Gulf states has intensified dramatically in recent years. However, discourse on the topic is usually couched in terms of authoritarianism vs. democratisation. However, a more appropriate angle from which to view it, argues this new book, is in terms of the evolution of Gulf constitutions and the widening of political participation. The contributors demonstrate that constitutional reforms have so far served the purpose of consolidating the absolute power of the rulers but have also allowed the progressive development of institutions whose representative character and influence on the policy-making process has been growing. Political participation has considerably widened – partly thanks to these new or strengthened institutions – but even more so because of the increased access to information and freedom of expression brought about by the IT revolution. None of the Gulf regimes is truly democratic, and a long evolution will probably be necessary before they can be recognised as such. Nevertheless, this book demonstrates that real change is taking place and that prospects for political reform in the Gulf may even be better than in the rest of the Arab world.