In this critical review article, Isaac and Platenkamp present the case that tourism is not isolated from the world's dramatic situations in which humanity is at stake. Their argument principally centers on the devastating historical and contemporary conflict in Palestine and its relations with tourism. In this article, Isaac and Platenkamp maintain that (in relation to current happenings in Palestine) ethical and moral argumentation would be beside the point, and might even be a "cynical" exercise. They suggest that the conflict there is imbued with many kinds of normative argumentation. It is their view that positions need to be taken with regard to "Palestine," as in all extreme circumstances, where at the same time respect for the other positions becomes crucial. In this critical review article, therefore, Arendt's idea of "agora" will be introduced, in order to create a space where these "respectful positions" can be taken in a public arena and in order to contribute to a possible peaceful development. To Isaac and Platenkamp, tourism could enable this sort of "peaceful development" and could promote or help empower conditions where violence would be excluded, and where different sorts of "argumentation" could be generated and heard about these so-called "controversial spaces." In these respects, they maintain that tourism is a challenging field, because it has (itself) many faces-and they argue that such scenarios for "tourism" indeed could apply/should be applied for many controversial other spaces like Nepal and Burma (for instance) where (as in Palestine) the original population has no say in any economic development, such as that of tourism. But Isaac and Platenkamp recognize that (even in Burma) resistance against injustice can never be destroyed. Their own principal focus remains targeted upon Palestine, though. There, tourism is known to have "an incredibly high potential," despite the fact that (in their view) a strong and powerful "Israeli self" indeed controls the "humiliated Palestinian other." Thus, to our two reviewers in the Netherlands, therefore, tourism seems to be a communicative activity that might enable the implementation of Arendt's idea of and about "the agora." Isaac and Platenkamp suggest that there is no violence in the agora, itself, because only the force of argumentation rules. there.
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This paper investigates the prospective application of arbitration by Transnational Private Regulation (TPR). It builds on the study of TPR developed by Fabrizio Cafaggi et al. TPR addresses the ever-increasing transfer of regulatory power from national to global levels, and from public to private regulators. TPR entails private regulatory co-operation be-yond the jurisdictional boundaries of States through voluntary standards. The regimes of TPR are built by a variety of actors, such as companies, NGOs, independent experts, and epistemic communities. Examples of TPR can be found in food safety, forestry management, trade, and derivatives, among other fields. More specifically, they concern private actors engaging in transnational coordination of standard setting such as the Forest Stewardship Council (FSC) that was developed to foster responsible management of the world’s forests. There are four main characteristics of TPR: legitimacy, quality, effectiveness, and enforcement. I will describe those four characteristics in brief here. First, the legitimacy of TPR is built around consent through voluntary entry, participation, and exit of regulated entities. Important to this contribution is that the legitimacy of TPR goes beyond its legal dimension, measured by purely legal standards. Hence, the legitimacy of TPR is largely determined by standards developed by social and economic institutions relevant to specific TPR regimes. The role of those institutions in standard settings is higher in private TPR regimes than private-public TPR regimes, where some forms of compliance are mandatory. Second, the quality of TPR corresponds to the ex ante and ex post evaluation cycle of regulatory processes. It is also linked with the transparency of TPR. Third, the effectiveness of TPR is measured according to the extent to which the objectives of TPR (or selected TPR regimes) are met. And finally, enforcement of TPRis understood as ‘ensuring compliance with commitments’. Enforcement of TPR can take place through courts, administrative agencies, and private dispute resolution—including the arbitration at the core of this contribution. Cafaggi’s study identified rather selective use of arbitration in TPR, but also recommended changes to make arbitration law more adaptable to TPR. Furthermore, the study recommended that more specialized dispute resolution institutions are created to exclusively serve TPR. Against this background, I shift the main focus of analysis from TPR to arbitration. Whereas Cafaggi argued that arbitration may be suitable for TPR as a means of private enforcement, in this paper I go even further, arguing that arbitration as a means of informal, out-of-court dispute resolution is well suited to strengthen the normativity of TPR. This is so because private arbitration actors (including, inter alia, arbitrators and arbitral institutions) are already equipped with the tools necessary to facilitate cross-border TPR, which is done through informal standards and procedures with origins in the communitarian values and reputational mechanisms used by different communities before the development of modern States. The roots of most private justice regimes—including arbitration—are informed by communitarian values such as collaboration, participation, and personal trust. Those values, together with other core characteristics of arbitration correspond to all core characteristics of TPR, making both systems comparable and complementary. The analytical framework incorporated in this paper follows the four core characteristics of TPR. Hence, the paper is organized into five sections. The first section contains the introduction. In the second section, I analyze the legitimacy of arbitration vis-à-vis the legitimacy of TPR. In the third section, I investigate the accountability of arbitration as a means of quality signaling vis-à-vis TPR. In the fourth section, I focus on the remedies available to arbitrators in a view of TPR’s effectiveness. Finally, in the fifth section, I analyze enforcement through arbitration and its impact on the exclusiveness versus complementarity of TPR regimes. Conclusions follow, including recommendations for future research. Part of topic "The blurring distinction between public and private in international dispute resolution"
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In this chapter we elaborate a hermeneutical perspective on professionalism and professional development in the wide range of professions and vocational trainings, which fall under the concern of a University of Applied Sciences (UAS). In a joint research programme of the HU UAS and Utrecht University we aim to unveil and make visible that professionals are continuously making interpretations simply by doing their jobs. Unavoidably, with these interpretations, subjectivity and normativity comes along, setting a moral agenda in the respective professional fields. We show how the more conceptual and philosophical reflections in the humanities at the Academia, is brought in interaction with professional development, vocational education and practice-oriented research at UAS. After this we walk through a number of recently completed or still ongoing research projects in the wide range of professionals in religious education (RE) via general and vocational education to non-educational professions. We end up with six developments or ‘movements’ that are taking place and that can be useful for a better understanding of complexity in vocational education and professions as such, and the imperative for change that is given by this.
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