Mihaela Papa

Globalization, Lawyers, and India: Toward a Theoretical Synthesis of Globalization Studies and the Sociology of the Legal Profession

Despite the importance of globalization for Indian lawyers, there have been surprisingly few attempts to integrate the rich scholarship on the processes of globalization with the sociology of the Indian legal profession, and to conceptualize and explain major recent legal developments in India in this context. This article uses three globalization processes – economic globalization, globalization of knowledge and globalization of governance – as lenses for analyzing the Indian legal profession. It argues that understanding these processes and their intersections can help frame a much-needed empirical investigation into the globalization of the legal profession in India, and possibly in other major emerging economies.

Creating a mutual gains climate regime through universal clean energy services

Climate change is a serious threat to all nations. This raises the question of why continuous treaty negotiations for more than two decades have failed to create a viable or adequate international climate regime. The current strategy of addressing climate change misdiagnoses the issue as a pollution problem by focusing on symptoms (emissions) and not on underlying causes (unsustainable development). In short, the wrong treaty is being negotiated. Drawing on negotiation analysis, it is argued that the existing and proposed climate treaties fail to meet the national interests of any party. An alternative strategy for addressing climate change is proposed that reframes the overall approach to reflect all countries’ development needs and links climate protection goals to the development structure of the treaty. The current deadlock over emissions reductions might be overcome and a mutual gains agreement reached by directing international cooperation towards promoting the provision of clean energy services for development and ensuring universal access to those services as part of an ‘early action’ agenda that will complement efforts to utilize forests and reduce other GHGs from multiple sectors.

Sustainable Global Governance? Reduce, Reuse, and Recycle Institutions

The growth of global governance—in terms of the proliferation of rules, laws, and institutional forms as well as their interactions—is an increasingly debated issue. Scholars are raising concerns about some of its negative impacts, but they are divided on the extent of these impacts and on the needed solutions. While some question the viability of international institutions and argue for embracing complexity, others see current growth concerns as a call for more order and a turn to constitutionalism. This article argues for a turn to sustainable development instead. This approach addresses the system’s underlying problem: its unsustainable development, which threatens to produce more rather than better governance arrangements and to enhance existing participation inequalities. The article uses the sustainable development paradigm to envision how to prevent rather than respond to growth concerns, and to integrate equity considerations into institutional strategies. A discussion of reducing, reusing, and recycling international institutions illustrates how to implement this approach and suggests areas for future research.

Rethinking Conflict Prevention in South Eastern Europe: An Emerging Environmental Security Agenda?

This article explores the relationship between environment and security in the post‐conflict setting of South Eastern Europe (SEE). It reviews major conflict prevention processes in place and establishes that they integrate environmental security concerns and create various mechanisms to address them. Linking environment and security within a common regional framework is critically assessed. Both benefits and challenges of this link are outlined. It is argued that environmental security building in SEE should move beyond the political post‐conflict agenda towards achieving deeper linkages with European Union policies.