WorldWideScience

Sample records for legal constraints political

  1. Legal, ethical,and economic constraints

    International Nuclear Information System (INIS)

    Libassi, F.P.; Donaldson, L.F.

    1980-01-01

    This paper considers the legal, ethical, and economic constraints to developing a comprehensive knowledge of the biological effects of ionizing radiation. These constraints are not fixed and immutable; rather they are determined by the political process. Political issues cannot be evaded. The basic objective of developing a comprehensive knowledge about the biological effects of ionizing radiation exists as an objective not only because we wish to add to the store of human knowledge but also because we have important use for that knowledge. It will assist our decision-makers to make choices that affect us all. These choices require both hard factual information and application of political judgment. Research supplies some of the hard factual information and should be as free as possible from political influence in its execution. At the same time, the political choices that must be made influence the direction and nature of the research program as a whole. Similarly, the legal, ethical, and economic factors that constrain our ability to expand knowledge through research reflect a judgment by political agents that values other than expansion of knowledge should be recognized and given effect

  2. Bureaucratic Dilemmas: Civil servants between political responsiveness and normative constraints

    DEFF Research Database (Denmark)

    Christensen, Jørgen Grønnegård; Opstrup, Niels

    2017-01-01

    The interaction between political executives and civil servants rests on a delicate balance between political responsiveness and the duty of civil servants and ministers to respect legal and other normative constraints on executive authority. In Danish central government, this balance is stressed...... by norms that define the correct behavior when the civil service provides ministers with political advice and assistance. Organizational factors strongly influence civil servants’ behavior when they have to balance responsiveness against constraints on their role as political advisers. Moreover, civil...

  3. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

    This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

  4. Legal and political obstacles to smoke-free regulation in Minnesota regions.

    Science.gov (United States)

    Cork, Kerry; Forman, Carolyn

    2008-12-01

    As communities move toward statewide smoke-free regulation, progress is often stymied by legal and political challenges that arise when multiple cities and counties share regulatory power within what is, for economic purposes, a single population center. Political challenges are exacerbated by legal inconsistencies and uncertainties, such as confusing and conflicting lawmaking power in boards of health, cities or counties, and diverse procedures and timelines for adopting and amending ordinances. Surprisingly little research is available about the legal and political obstacles communities face in regulating tobacco on a regional basis. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006, to examine the approaches regulatory authorities took in each of these communities, and to identify strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. Legal impediments included confusing rules for passing smoke-free laws via ballot measures (initiatives and referenda); distracting lawsuits; and conflicts over legal jurisdiction. Political challenges included the recurrent argument for regional consistency, protracted timelines, pending legislation and elections, and mayoral vetoes. Legal and political challenges similar to those in this study appear in smoke-free campaigns across the U.S. By recognizing the risks posed by these obstacles, advocates will be better prepared to advance smoke-free policies effectively.

  5. Do organizational and political-legal arrangements explain financial wrongdoing?

    Science.gov (United States)

    Prechel, Harland; Zheng, Lu

    2016-12-01

    The 2008 financial crisis was a systemic problem with deep-rooted structural causes that created opportunities to engage in financial malfeasance, a form of corporate wrongdoing. However, few quantitative studies exist on the effects of organizational and political-legal arrangements on financial malfeasance. In this paper, we examine the effects of organizational and political-legal arrangements that emerged in the 1990s in the FIRE sector (i.e., financial, insurance, and real estate) on financial malfeasance. Our historical contextualization demonstrates how changes in the political-legal arrangements facilitate the emergence of new corporate structures and opportunities for financial malfeasance. Our longitudinal quantitative analysis demonstrates that US FIRE sector corporations with a more complex organizational structure, larger size, lower dividend payment, and higher executive compensation are more prone to commit financial malfeasance. © London School of Economics and Political Science 2016.

  6. Political and Legal Doctrine of Simon Bolivar

    Directory of Open Access Journals (Sweden)

    Mixail V. Fedorov

    2014-03-01

    Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

  7. Credit Constraints, Political Instability, and Capital Accumulation

    OpenAIRE

    Risto Herrala; Rima Turk-Ariss

    2013-01-01

    We investigate the complex interactions between credit constraints, political instability, and capital accumulation using a novel approach based on Kiyotaki and Moore’s (1997) theoretical framework. Drawing on a unique firm-level data set from Middle-East and North Africa (MENA), empirical findings point to a large and significant effect of credit conditions on capital accumulation and suggest that continued political unrest worsens credit constraints. The results support the view that financ...

  8. Institutional constraints on alternative water for energy: a guidebook for regional assessments

    Energy Technology Data Exchange (ETDEWEB)

    1980-11-01

    Basic information is presented about the legal, political, and social constraints faced by energy developers in the acquisition of water from underground, irrigation return flow, municipal waste, and saline sources. It is a guide to those institutional constraints which are general and pronounced enough to be important for regional assessments. First, attention was focused on the acquisition phase of the water use cycle. Second, constraints were analyzed primarily from a regional, rather than state-by-state, perspective. Emphasis was placed generally on the West - particularly the synfuel-rich Rocky Mountain states, the East, and Mid-West, in that order. Alaska and Hawaii were not surveyed. Third, the study focuses on the constraints associated with groundwater, municipal waste, irrigation return flow, and sea water, in that order. The phrase, institutional constraints, as used in the study, means legal, social, economic, and political restrictions, requirements, circumstances, or conditions that must be anticipated or responded to in order to acquire water for energy development. The study focuses primarily on legal constraints and secondarily on political constraints, because they tend to encompass or reflect other forms of institutional constraints.

  9. The idea of civil control in the European political and legal thought

    Directory of Open Access Journals (Sweden)

    T D Sokolova

    2015-12-01

    Full Text Available The article discusses the problem of defining the role and functions of civil control from the political and legal thought perspective and in the context of the possible ways of civil society and state authorities interaction. The demand for external evaluation as a prerequisite for the development of political system and the demand for establishing an effective feedback mechanism within it together with the lack of a unified approach to the interpretation of civil control in the political science and legal doctrines determined the relevance of the study of the established traditions in the interpretation of civil control in social sciences and humanities. Whereas social and power relations always develop within a specific legislative framework, whose maturity and consistency largely determine the state of civil society, it is not possible to evaluate control functions of the public sector otherwise than through the study of the legal framework of the state. Thus, the article describes the evolution of the views on possible formats of social and power relations in the context of transformations of the European social thought and political and legal approaches to the perception of power institutions, building a dialogue between social and political organizations, defining the forms of civic participation in political decision-making and interpretation of civil control.

  10. 11 CFR 100.85 - Legal or accounting services to political party committees.

    Science.gov (United States)

    2010-01-01

    ... 11 Federal Elections 1 2010-01-01 2010-01-01 false Legal or accounting services to political party committees. 100.85 Section 100.85 Federal Elections FEDERAL ELECTION COMMISSION GENERAL SCOPE AND DEFINITIONS (2 U.S.C. 431) Exceptions to Contributions § 100.85 Legal or accounting services to political party...

  11. 11 CFR 100.145 - Legal or accounting services to political party committees.

    Science.gov (United States)

    2010-01-01

    ... 11 Federal Elections 1 2010-01-01 2010-01-01 false Legal or accounting services to political party committees. 100.145 Section 100.145 Federal Elections FEDERAL ELECTION COMMISSION GENERAL SCOPE AND DEFINITIONS (2 U.S.C. 431) Exceptions to Expenditures § 100.145 Legal or accounting services to political...

  12. 11 CFR 100.86 - Legal or accounting services to other political committees.

    Science.gov (United States)

    2010-01-01

    ... 11 Federal Elections 1 2010-01-01 2010-01-01 false Legal or accounting services to other political committees. 100.86 Section 100.86 Federal Elections FEDERAL ELECTION COMMISSION GENERAL SCOPE AND DEFINITIONS (2 U.S.C. 431) Exceptions to Contributions § 100.86 Legal or accounting services to other political...

  13. Navigating legal constraints in clinical data warehousing: a case study in personalized medicine.

    Science.gov (United States)

    Jefferys, Benjamin R; Nwankwo, Iheanyi; Neri, Elias; Chang, David C W; Shamardin, Lev; Hänold, Stefanie; Graf, Norbert; Forgó, Nikolaus; Coveney, Peter

    2013-04-06

    Personalized medicine relies in part upon comprehensive data on patient treatment and outcomes, both for analysis leading to improved models that provide the basis for enhanced treatment, and for direct use in clinical decision-making. A data warehouse is an information technology for combining and standardizing multiple databases. Data warehousing of clinical data is constrained by many legal and ethical considerations, owing to the sensitive nature of the data being stored. We describe an unconstrained clinical data warehousing architecture, some of the legal constraints that have led us to reconsider this architecture, and the legal and technical solutions to these constraints developed for the clinical data warehouse in the personalized medicine project p-medicine. We also propose some changes to the legal constraints that will further enable clinical research.

  14. Ethics and legality in the Romanian political marketing

    Directory of Open Access Journals (Sweden)

    Poţincu, C. R.

    2010-11-01

    Full Text Available In a democratic system, the legal framework is a guarantee of the favourable development of several activities, including those regarding the implementation of the promotional techniques used in the political marketing.

  15. Euthanasia in Belgium: legal, historical and political review.

    Science.gov (United States)

    Saad, Toni C

    2017-01-01

    This article describes and evaluates the Belgian euthanasia experience by considering its practice and policy, both before and after the formal decriminalisation of euthanasia in 2002. The pre-legal practice of euthanasia, the evolution of euthanasia legislation, criticism of this legislation, the influence of politics, and later changes to the 2002 Act on Euthanasia are discussed, as well as the subject of euthanasia of minors and the matter of organ procurement. It is argued that the Belgian euthanasia experience is characterised by political expedition, and that the 2002 Act and its later amendments suffer from practical and conceptual flaws. Illegal euthanasia practices remain a live concern in Belgium, something which nations who are seeking to decriminalise euthanasia should consider. Copyright © 2017 by the National Legal Center for the Medically Dependent and Disabled, Inc.

  16. Legal and Political Aspects of Satellite Telecommunication: An Annotated Bibliography.

    Science.gov (United States)

    Shervis, Katherine, Comp.

    The potential of satellites for telecommunication is enormous; however, it is possible that political and legal barriers rather than technological considerations will ultimately shape the utilization of satellite systems. This annotated bibliography is designed for use by lawyers, political scientists, technicians, engineers, and scholars who need…

  17. Ethical Issues and Legal Constraints to the Freedom of Information Act

    African Journals Online (AJOL)

    Unfortunately, there are legal constraints that can hinder the smooth operation of the act. Such constraints need to be dismantled immediately. Besides, there is a great need to address various ethical issue that may equally arise among media practitioners in the course of operating within the limits of the law, posing great ...

  18. The Kozloduy absurdity: Legal and political dimensions of the Bulgarian Nuclear Power Plant issue

    International Nuclear Information System (INIS)

    Semov, A.

    2006-01-01

    The issue of Kozloduy NPP is long-standing and sensitive. Complicated technical, legal, economical, political and purely ethical issues are involved in it. Their entire review in this brief presentation is impossible. The paper therefore only dwells on some of the major issues, the way they have been presented by the Civil Committee for Kozloduy NPP Defence. Following an outline of the way the situation developed, the paper discusses legally binding acts and then considers other legally relevant factors. The possible existence of a friendly political climate in Europe allowing reconsideration of the matter is also dealt with. (author)

  19. Investigating correlation between legal and physical property: possibilities and constraints

    Science.gov (United States)

    Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.

    2015-06-01

    Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.

  20. 11 CFR 100.146 - Legal or accounting services to other political committees.

    Science.gov (United States)

    2010-01-01

    ... 11 Federal Elections 1 2010-01-01 2010-01-01 false Legal or accounting services to other political committees. 100.146 Section 100.146 Federal Elections FEDERAL ELECTION COMMISSION GENERAL SCOPE AND DEFINITIONS (2 U.S.C. 431) Exceptions to Expenditures § 100.146 Legal or accounting services to other...

  1. Legal and Political Obstacles and Opportunities for Successful Nuclear Projects

    International Nuclear Information System (INIS)

    Yanovskiy, M.

    2014-01-01

    Every business suffers from excessive regulations, unpredictable changes in legislation, various kinds of the political rent, extorting practices like 'big business social responsibility' and more. The industries with long-term return-of-investment (ROI) are most vulnerable to political and legal risks. For the nuclear industry, long-lasted public perception of radiation as an imminent threat caused the present over-regulation look natural. Therefore ROI is above two decades, essentially precluding private entrepreneurship activity. While durable solution includes changing public perception and updating regulation, both are 'facts on the ground' and 'habits are hard to break'. Political alliances, appeal to public opinion and lobbying are legitimate methods for promoting industry's interests in a democratic state. However in case of the nuclear industry, bureaucratic and political interests seem too strong to be overpowered by regular lobbying activities. Durable solutions we are searching for should not only eliminate the present legal and political obstacles, but also prevent them in near- to middle-term future. Such solutions would mitigate risks and remove barriers in number of industries, including nuclear industry as well. Particularly, 'not in my backyard' (NIMBY) attitude to nuclear installations is often viewed as a formidable problem. However, this problem has pretty old and reliable solution via compensation for real estate devaluation, if such takes place. Such solution may preclude some projects, but makes others predictable and reliable (e.g. in sparsely populated or relatively poor areas)

  2. Problems and Tendencies of Development of Political and Legal Environment of Public-private Partnership in Russia

    Directory of Open Access Journals (Sweden)

    Альберт Илдусович Абдрахманов

    2013-12-01

    Full Text Available The article is dedicated to the study o/f political and legal terms for Public-Private Partnerships (PPP development while PPP becomes the issue of today for Russian political and social-economic life. The article covers particularly the analysis of the effective legislation of PPP at the federal and regional levels and appraisal of the current political trends regarding the development of legal partnership between the government and companies in the connection with the legislation. The author provides research especially of the prospects of the PPP federal Draft Law and reveals key specifics and problems of the legal environment of PPP in districts of the Russian Federation.

  3. IMPERATIVES OF THE INTERNATIONAL POLITICAL AND LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2016-08-01

    Full Text Available In this paper, we intend to discuss a topic of particular importance, given that it addresses the imperatives of international political and legal order, as they appear in the light of current international law. It is an issue of great complexity, of very wide current interest because the international law that establishes and maintains an international legal order is a real energetic factor of organization of international community life. So viewed, the rules of international nature respond to the current acute need of founding the relations in this field and of meeting the common needs of the members of international society. We considered that by comparison with the internal legal order reflecting the health inscribed in this order, the international legal order is influenced by the structuring and training of the mondial community. Therefore we shall insist on the principal model of organizing international life – the state – to be viewed and analyzed in a double perspective: as an internal sovereign authority and as an actor on the scene of international life. In both instances, the state provides the foundation of legal order (domestic or international for that law has always been the expression of the state wish.

  4. IAEA '77: between politics and factual constraints

    International Nuclear Information System (INIS)

    Freytag, A.

    1976-01-01

    The IAEA's organization of its 20th General Conference at Rio de Janeiro clearly underlined the importance of a comprehensive international transfer of nuclear technology. Despite all efforts to keep the Agency out of general political confrontations, the Conference was tinged politically by the PLO and South Africa problems. Besides the next five year program, which was agreed upon in the light of existing factual constraints, the support and control functions of the IAEA and next year's Salzburg Fuel Cycle Conference were other main topics of discussion. The 1977 IAEA budget was approved at a level of 43.5 million, the General Fund at 6.5 million. (orig.) [de

  5. Political and Legal Consciousness of Young People in the Region (a Case Study of Jewish Autonomous Region)

    Science.gov (United States)

    Lutsenko, Ekaterina; Tyurina, Yulia; Korolyova, Irina; Shishmakov, Stanislav; Shishmakov, Vladimir; Nikolaeva, Natalia

    2016-01-01

    The paper deals with particularities of political and legal consciousness of young people in view of a region against the background of the general standpoint of the Russian citizens and Russian youth in questions of the political and legal spheres. The opinion of the young people and citizens of the country as a whole is evaluated based on the…

  6. Maslaha as the Philosophical, Political, and Legal Basis on the Islamic Banking Legislation in Indonesia

    Directory of Open Access Journals (Sweden)

    Abdul Ghofur

    2017-06-01

    Full Text Available Legislation on the Islamic Banking Acts in Indonesia is inseparable from the condition of national politics and global economics that continues to develop. In this paper, the main issue to be discussed is whether the formation of the Islamic Banking Act in Indonesia is based on political interests, or if there is also a legal value associated with economic development of this act. The findings suggest that the legislation on the Islamic Banking Act in Indonesia has relevance to the political and legal foundation that developed at that time; and the legislation on the Islamic Banking Act is based not only on the political but also the philosophical aspects of law that emphasize principles of the common good or maṣlaha and/ an alignment with national goals.

  7. The changing demographic, legal, and technological contexts of political representation.

    Science.gov (United States)

    Forest, Benjamin

    2005-10-25

    Three developments have created challenges for political representation in the U.S. and particularly for the use of territorially based representation (election by district). First, the demographic complexity of the U.S. population has grown both in absolute terms and in terms of residential patterns. Second, legal developments since the 1960s have recognized an increasing number of groups as eligible for voting rights protection. Third, the growing technical capacities of computer technology, particularly Geographic Information Systems, have allowed political parties and other organizations to create election districts with increasingly precise political and demographic characteristics. Scholars have made considerable progress in measuring and evaluating the racial and partisan biases of districting plans, and some states have tried to use Geographic Information Systems technology to produce more representative districts. However, case studies of Texas and Arizona illustrate that such analytic and technical advances have not overcome the basic contradictions that underlie the American system of territorial political representation.

  8. Legal Loopholes and the Politics of Executive Term Limits: Insights from Burundi

    Directory of Open Access Journals (Sweden)

    Stef Vandeginste

    2016-01-01

    Full Text Available The nomination of incumbent Pierre Nkurunziza to stand again for president in the 2015 national elections triggered a political and security crisis in Burundi. A crucial element in the controversy around his third term was the legality of his candidacy. This paper analyses how domestic and international actors responded to the legal loopholes that characterised Burundi’s term-limit legislation. Three responses are distinguished. First, quite paradoxically, an argument was put forward by third-term supporters that stressed constitutional legality, a value usually invoked by third-term opponents. Second, a peace agreement was referred to as a source of legitimacy and as a legal norm. Third, a Constitutional Court ruling was invoked to address the legal loophole. Despite the apparent irrelevance of legal norms in an increasingly authoritarian environment, law significantly shaped the dynamics of the third-term debate and of the wider crisis. The Burundi case also illustrates the limitations of constitutional engineering of democratic governance.

  9. Between Democratic Security and Democratic Legality. Constitutional Politics and Presidential Re-election in Colombia

    Directory of Open Access Journals (Sweden)

    Jan Boesten

    2014-12-01

    Full Text Available This paper presents an analysis of the political and legal debate of the declaration of unconstitutionality of the referendum that sought the re-election presidential second term in 2010. On the other hand, it exposes the debate between those who spoke of bias and political argument in the court ruling related to the idea of “democratic security”; while others speak of the persistence of “democratic legality” consisting of autonomy guaranteed legal reasoning from deliberative processes. Finally, it is noted that the degree of institutionalization of discourse of the Court is an important factor that speaks in favor of it’s independence.

  10. THE FEATURES OF THE RUSSIAN LEGAL AWARENESS AND POLITICAL MODERNIZATION

    Directory of Open Access Journals (Sweden)

    A. N. Kuryukin

    2014-01-01

    Full Text Available In an article on the broad theoretical material, the author attempts, on the one hand, to understand the modern domestic legal awareness as a phenomenon, identify its characteristics and features, view the contents, and, on the other hand, to draw a conclusion concerning the nature and forms of infl uence of national legal awareness to the political modernization. As a result of an analysis, it is concluded that the national legal awareness is in a state of transition, where inconsistent and sometimes paradoxical mix of traditional national elements, the elements left over from psychology and philosophy "Soviet Man", as well as actively being introduced from the beginning of the 90s XX century elements of the "market mentality", leading to a fair amount of heterogeneity proper sense of justice and situational diff erentiation behavior of citizens, that impossibly difficult to develop a single project of modernization.

  11. Political mobilization of Dutch Muslims : religious identity salience, goal framing and normative constraints

    NARCIS (Netherlands)

    Phalet, Karen; Baysu, Gülseli

    2010-01-01

    This article addresses the question of when and for what purpose Muslims will act collectively in the political arena. The impact of religious identity salience, goal framing, and normative constraints on political mobilization was examined in two Muslim communities with different group positions in

  12. Multinational repositories: Ethical, legal and political/public aspects

    International Nuclear Information System (INIS)

    Boutellier, C.; McCombie, C.; Mele, I.

    2006-01-01

    Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

  13. Affordances and Constraints of Using the Socio-Political Debate for Authentic Summative Assessment

    Science.gov (United States)

    Anker-Hansen, Jens; Andrée, Maria

    2015-01-01

    This article reports from an empirical study on the affordances and constraints for using staged socio-political debates for authentic summative assessment of scientific literacy. The article focuses on conditions for student participation and what purposes emerge in student interaction in a socio-political debate. As part of the research project,…

  14. Legal Constraints on the Indeterminate Control of 'Dangerous' Sex Offenders in the Community: The English Perspective

    NARCIS (Netherlands)

    N. Padfield (Nicola)

    2016-01-01

    textabstractThis article explores the legal constraints imposed on the ris- ing number of so-called ‘dangerous’ sex offenders in Eng- land and Wales, in particular once they have been released from prison into the community. The main methods of constraint are strict licence conditions, Multi-Agency

  15. Political and legal aspects of the protection of national minorities in Ukraine

    Directory of Open Access Journals (Sweden)

    Oleksandra V. Fedun

    2016-01-01

    Full Text Available The article deals with the research of basic categories of the rights of national minorities that reside on the territory of Ukraine. Moreover, political and legal principles as well as legislative sources for securing these rights at the state level in accordance with the international legal standards are analyzed. The peculiarities of Ukraine’s cooperation with international organisations and neighboring countries in the field of protection the rights of national minorities and regulation of interethnic relations are investigated. In Ukraine the guarantees and protection of the rights of national minorities at the legislative level comply with the world and European standards. The system of state administration bodies in the field of interethnic relations has been established but there are still some problems that need to be resolved on the Parliamentary level as well as on the level of executive agencies and local authorities. At the current stage it is necessary to adopt the law on «The Concept of National Ethnic Policy of Ukraine». Also, the political and legal status of indigenous peoples should be defined especially Crimean Tatars, deported ethnic minorities and some ethnographic groups of the Ukrainian ethnos. In addition, it is important to establish an effective mechanism for realization of the rights of national minorities in Ukraine and to ensure monitoring of the observance of these rights. Implementation of the appropriate measures would facilitate the prevention of confrontation in the Ukrainian society on the ethnic and political as well as language grounds. It would also promote the prevention of aggravation of interethnic relations and would ensure the formation of public tolerance to persons belonging to national minorities.

  16. German law on circumcision and its debate: how an ethical and legal issue turned political.

    Science.gov (United States)

    Aurenque, Diana; Wiesing, Urban

    2015-03-01

    The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the 'child as a child' and poses only risks to boys. We then set out to clarify and analyse political (rather than ethical) justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues - as in the case of religious circumcision. © 2013 John Wiley & Sons Ltd.

  17. Cyclicality of Economic Development of Ukraine in the Context of its Political and Legal Transformations

    Directory of Open Access Journals (Sweden)

    Stryzhychenko Kostyantyn A.

    2016-05-01

    Full Text Available The cyclicality in the development of the Ukrainian economy during the years of its independence under conditions of its political and legal transformations has been studied. On the basis of the analysis of worldwide research the problem of influence of political transformations on the socio-economic development of the state has been identified. There has been developed a methodological approach to studying the evolutionary development of the Ukrainian economy in the context of its European integration, which comprises three main blocks: Block 1 – studying the development of the legal field of Ukraine; Block 2 – studying the policy of development of Ukraine and orientation of its economic system; Block 3 – analyzing the evolutionary development of the Ukrainian economy and determining its cyclical nature. Within the developed approach there were used wavelet models, spectral analysis – Fourier expansion and Johanson test. The paper puts forward three hypotheses: hypothesis 1 – about the existence of short-term 5-year cycles of evolutionary development of the economy; hypothesis 2 – about the existence of a long-term cycle lasing 25 years and conditioned by political and legal processes in the society; hypothesis 3 – about the existence of cointegration relationships between the evolutionary development of the economy of Ukraine and the EU. On the basis of the modern political transformations the phases of development of the Ukrainian legal environment have been defined and comparison of these phases with the specifics of its economic development has been carried out. The analysis of the economic system of Ukraine and its policy made it possible to determine the vector of development of the Ukrainian economy. The approximating (trend and detailing (cyclic components of the economic development of Ukraine were determined with the help of wavelet expansion. Using Fourier analysis for the detailing components allowed to distinguish 5

  18. The “Third Reich” in the German Legal, Philosophical and Political Thinking

    Directory of Open Access Journals (Sweden)

    Gábor Hamza

    2010-03-01

    Full Text Available The idea that after the Nazi takeover, the German political propaganda machine strongly supported the naming of their land the “Third Reich” (Drittes Reich is a misperception shared by many historians, political scientists and legal scholars. It is much less known that Hitler himself was never in full support of this expression, even though it proved quite effective both before and after the NSDAP takeover. Leading conservative intellectuals and works had made this notion popular, such as Das dritte Reich by Arthur Moeller van den Bruck (1876-1925. Also, it can be ascertained that the idea of the “Third Reich” dates back a long time, given that traces of it are already present in Fichte’s philosophy. This paper explores the history of this notion and its variations, which are most revealing of German political, intellectual and institutional life in the first half of the 20th century.

  19. The Specifics of Manifestations of the Interrelation Political and Legal Consciousness and Development Ideology of State-Building in the Times of the Ancient East

    Directory of Open Access Journals (Sweden)

    Oleksandr V. Krasnokutsky

    2014-06-01

    Full Text Available The purpose of the work. Investigate the specificity of manifestations of the interrelation political and legal consciousness, and, at the same time, the development of the ideology of state-building as a particular species of theoretically informed practical consciousness, which was used by the creators of state forms in the times of the Ancient East. Methodology. The study is based on the principles of materialist dialectics, historicism, formational and civilizational approaches. The scientific novelty. The obtained results of a study that summarize the scientific novelty can be formulated in the form of abstracts: a identified two lines of ideological interaction on state building in the East in ancient times; b formed a theoretical model of ideological matrix of state-building of the Ancient Orient; c revealed, that the motility of this ideological matrix is consistent with the development of power in the state of those times. Conclusions. Specificity of manifestations of the interrelation political and legal consciousness and development ideology of state-building in the times of the Ancient East – is the existence of two lines of ideological interaction in the field of state-building in a state-organized society: the first line – the unilateral influence of political consciousness on the legal consciousness; the second line – the asymmetric inverse influence of legal consciousness on political consciousness. These two lines of ideological interaction (the unilateral influence of political consciousness on the legal consciousness and the asymmetric inverse influence of legal consciousness on political consciousness have created original ideological matrix of state-building. Within this ideological matrix of state-building in the times of the Ancient East formed corresponding view ideological phenomenon – the ideology of state-building of oriental slave state.

  20. What makes health public?: a critical evaluation of moral, legal, and political claims in public health

    National Research Council Canada - National Science Library

    Coggon, John

    2012-01-01

    .... Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health"--

  1. International legal and political issues associated with the export/import of nuclear power plants

    International Nuclear Information System (INIS)

    Manning Muntzing, L.

    1978-01-01

    The benefits of nuclear power can be achieved by most nations only through international commerce that has been shaped by political considerations and implemented through legal instruments. The end product is a structure of legal agreements designed to implement the basic political and commercial decisions that are required for any nation to enter the nuclear power arena. The IAEA Statute, the Non-Proliferation Treaty and regional nuclear agreements have reflected the international political consensus concerning nuclear power. In recent years, however, events have occurred that in all probability will result in additional international arrangements. It is expected that the increase in terrorist activities will result in greater physical protection commitments, that concern for weapons proliferation will result in further definition of sanctions, and that such troublesome issues as double labelling of materials will be discussed by the international community. In areas such as bilateral agreements between nations, commercial arrangements and export licences, this is a period of rethinking, renegotiating, and readjusting. The result is a degree of uncertainty and lack of stability that could so jeopardize the potential for nuclear transfers that the nuclear energy option may not vest. While there always will be questions and issues, it is essential to settle some of the key problems without delay so that nuclear benefits can be realized. (author)

  2. Futile Pursuits of Metonymic Targets in Political and Legal Contexts

    Directory of Open Access Journals (Sweden)

    Piotr Twardzisz

    2014-05-01

    Full Text Available This article explores problematic aspects of metonymic target identification in specialist language. Searching for and establishing metonymic targets has been the goal of numerous studies pursued in cognitive linguistics. Not infrequently, one may get the impression that the deliberate refinement of the metonymic reference point, geared to bring in more semantic precision, leads to confusing and inconsistent results. In this article, the focus will be on unveiling such confusing and inconsistent cases of metonymic target identification in political and legal contexts. For this purpose, three case studies will be analysed. In one of these, it will be shown how the interlocutors deliberately play with reference points/targets for rhetorical purposes. In another case, an example of target identification will be reviewed in which the linguist/researcher arbitrarily proposes metonymic targets. As a third example, a case of metonymic target identification in a legal document will be reviewed. A closer look at the co-referring entities, the major players in this document, reveals an error made by the drafters. This case is illustrative of a certain erroneousness underlying the assumption of straightforward and automatic target identification.

  3. Governance and Women's Economic and Political Participation : Power Inequalities, Formal Constraints and Norms

    OpenAIRE

    Milazzo, Annamaria; Goldstein, Markus

    2017-01-01

    What role do institutional constraints and social norms play in determining persistent gender gapsin economic and political participation and have institutional reforms been successful in reducing these gaps? This paper argues that, at the roots of current gender inequalities, there are traditional patriarchal social structures in which power is unequally distributed, with men traditionall...

  4. International Legal and Political Considerations Concerning the Seabed Disposal of Nuclear Waste

    International Nuclear Information System (INIS)

    Eaker, L.H.

    1983-01-01

    From its beginnings in 1973, to the present time, the concept of disposing of high-level nuclear wastes within the seabed has attracted serious investigation by numerous scientists. The scientific work to date has led to the general conclusion that the burial of high-level nuclear waste within the deep-sea clays of the oceanic basins, in conjunction with a perfected multi-barrier containment concept, could prove technically and environmentally feasible. This article discusses the need for further consideration of the international legal and political implications arising from any proposed seabed disposal of high-level nuclear waste. Further consideration of the international legal issues necessarily involves the analysis of three general areas of international law, namely: the question of coverage under the 1972 London Ocean Dumping Convention; the application and effect of the provisions of the new United Nations Convention on the Law of the Sea; and the consideration of general principles of international law. (NEA) [fr

  5. Latest legal and social developments in the euthanasia debate: bad moral consciences and political unrest.

    Science.gov (United States)

    Ferreira, N

    2007-06-01

    Several events that took place during recent years, such as the French Act on the rights of patients and the end of life, the Terri Schiavo case and Lord Joffe's proposal for an Assisted Dying Bill in the United Kingdom, have triggered the debate on euthanasia more than ever. It is therefore opportune to revisit basic notions related thereto and to make a comparative analysis of the legal regime of euthanasia in several countries in Europe and elsewhere, as well as to try to see how the public awareness of the problem has of late developed. There seems to be a clear trend in many legal systems towards an increasing respect for the patient's right to self-determination. However, we are still looking at a complex social game, where legal and medical terminology are manipulated and euphemisms are invented in order to accommodate bad moral consciences and avoid political unrest.

  6. Federal funds for the health sequelae of uranium mining. Legal and political aspects

    International Nuclear Information System (INIS)

    Breuer, J.

    1994-01-01

    The industrial safety and insurance associations (ISIA) have always pointed to the fact that occupational medecine services and entitled benefit payments are to be secured and continued for this group. Within the framework of the 1st Act on the Implementation of the programme for savings, consolidation and growth (1st SKWPG) the Federal Government has clearly regulated the responsiblilities of the ISIA's and the Federal Government relative to funding. The author highlights the political background and the legal bases for this act. (orig./HP) [de

  7. Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

    Science.gov (United States)

    Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

    2008-07-01

    Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

  8. Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments

    Directory of Open Access Journals (Sweden)

    Lorenz Astrid

    2015-11-01

    Full Text Available The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, we should expect similar, almost identically shaped policies at the Länder level. However, the analysis brings considerable variations of constitutional activities in this field to the fore: time, frequency, and contents of respective initiatives vary significantly in the period from 1999 to 2014. These variations were due to different party strategies, diverging party platforms and majority constellations in the Länder. The analysis also shows that the public arguments brought forward in favour of constitutional amendments refer only weakly and randomly to legal provisions and processes at other levels. The political debate supporting extended children's rights rather refers to general observations, to the specific regional context, and constitutional provisions in other Länder. At least with regard to this issue, the multi-level system did not systematically impact on constitutional politics in the Länder. It rather can be understood as an opportunity structure providing parties with multiple realms in which they can pursue their goals. Thus the study shows that federal and regional party strategies are key factors in explaining policy diffusion in multilevel systems.

  9. Conceptualizing an economically, legally, and politically viable active debris removal option

    Science.gov (United States)

    Emanuelli, M.; Federico, G.; Loughman, J.; Prasad, D.; Chow, T.; Rathnasabapathy, M.

    2014-11-01

    It has become increasingly clear in recent years that the issue of space debris, particularly in low-Earth orbit, can no longer be ignored or simply mitigated. Orbital debris currently threatens safe space flight for both satellites and humans aboard the International Space Station. Additionally, orbital debris might impact Earth upon re-entry, endangering human lives and damaging the environment with toxic materials. In summary, orbital debris seriously jeopardizes the future not only of human presence in space, but also of human safety on Earth. While international efforts to mitigate the current situation and limit the creation of new debris are useful, recent studies predicting debris evolution have indicated that these will not be enough to ensure humanity's access to and use of the near-Earth environment in the long-term. Rather, active debris removal (ADR) must be pursued if we are to continue benefiting from and conducting space activities. While the concept of ADR is not new, it has not yet been implemented. This is not just because of the technical feasibility of such a scheme, but also because of the host of economic, legal/regulatory, and political issues associated with debris remediation. The costs of ADR are not insignificant and, in today's restrictive fiscal climate, are unlikely/to be covered by any single actor. Similarly, ADR concepts bring up many unresolved questions about liability, the protection of proprietary information, safety, and standards. In addition, because of the dual use nature of ADR technologies, any venture will necessarily require political considerations. Despite the many unanswered questions surrounding ADR, it is an endeavor worth pursuing if we are to continue relying on space activities for a variety of critical daily needs and services. Moreover, we cannot ignore the environmental implications that an unsustainable use of space will imply for life on Earth in the long run. This paper aims to explore some of these

  10. Political and legal aspects of the nuclear power phaseout in Switzerland

    International Nuclear Information System (INIS)

    Buehlmann, W.

    1991-01-01

    A survey is given of the present political difficulties and related legal aspects. In Switzerland, nuclear energy abandonment was rejected several times in referendums. The fact that proponents and opponents of nuclear energy use counterbalance each other, however, has led to a factual moratorium with the following consequences: Existing nuclear power plant projects are blocked, radioactive waste disposal is delayed, the total revision of the Atomic Energy Act is deferred. The only thing which is not blocked or delayed is electric power consumption. The referendum of 23 September 1990 had the following outcome: The citizens' initiative 'Stop the construction of nuclear power plants (moratorium)' was adopted. The citizens' initiative 'for nuclear energy abandonment' was rejected. The constitutional energy law was adopted. (orig./HSCH) [de

  11. Implementation of Phonetic Orthography of the Ukrainian Language in Galicia and Bukovina in 1892: Political, Legal and National Aspects

    Directory of Open Access Journals (Sweden)

    Ulyana Uska

    2017-07-01

    Full Text Available The article presents an analysis of the Austrian politics regarding the problem of standardization of the Ukrainian language, based on the materials of Austrian State Archives in Vienna and the legal acts of central ministries. We have described the process of introduction of the phonetic spelling in all spheres of life in Galicia and Bukovina, and revealed its geopolitical and nation-oriented meaning. This process was objective and legal; it was based on the principles of the Austro-Slavism and the spirit of modernization.

  12. Political economy constraints on carbon pricing policies: What are the implications for economic efficiency, environmental efficacy, and climate policy design?

    International Nuclear Information System (INIS)

    Jenkins, Jesse D.

    2014-01-01

    Economists traditionally view a Pigouvian fee on carbon dioxide and other greenhouse gas emissions, either via carbon taxes or emissions caps and permit trading (“cap-and-trade”), as the economically optimal or “first-best” policy to address climate change-related externalities. Yet several political economy factors can severely constrain the implementation of these carbon pricing policies, including opposition of industrial sectors with a concentration of assets that would lose considerable value under such policies; the collective action nature of climate mitigation efforts; principal agent failures; and a low willingness-to-pay for climate mitigation by citizens. Real-world implementations of carbon pricing policies can thus fall short of the economically optimal outcomes envisioned in theory. Consistent with the general theory of the second-best, the presence of binding political economy constraints opens a significant “opportunity space” for the design of creative climate policy instruments with superior political feasibility, economic efficiency, and environmental efficacy relative to the constrained implementation of carbon pricing policies. This paper presents theoretical political economy frameworks relevant to climate policy design and provides corroborating evidence from the United States context. It concludes with a series of implications for climate policy making and argues for the creative pursuit of a mix of second-best policy instruments. - Highlights: • Political economy constraints can bind carbon pricing policies. • These constraints can prevent implementation of theoretically optimal carbon prices. • U.S. household willingness-to-pay for climate policy likely falls in the range of $80–$200 per year. • U.S. carbon prices may be politically constrained to as low as $2–$8 per ton of CO 2 . • An opportunity space exists for improvements in climate policy design and outcomes

  13. Overweight truck shipments to nuclear waste repositories: legal, political, administrative and operational considerations

    International Nuclear Information System (INIS)

    1986-03-01

    This report, prepared for the Chicago Operations Office and the Office of Civilian Radioactive Waste Management (OCRWM) of the US Department of Energy (DOE), identifies and analyzes legal, political, administrative, and operational issues that could affect an OCRWM decision to develop an overweight truck cask fleet for the commercial nuclear waste repository program. It also provides information required by DOE on vehicle size-and-weight administration and regulation, pertinent to nuclear waste shipments. Current legal-weight truck casks have a payload of one pressurized-water reactor spent fuel element or two boiling-water reactor spent fuel elements (1 PWR/2 BWR). For the requirements of the 1960s and 1970s, casks were designed with massive shielding to accommodate 6-month-old spent fuel; the gross vehicle weight was limited to 73,280 pounds. Spent fuel to be moved in the 1990s will have aged five years or more. Gross vehicle weight limitation for the Interstate highway system has been increased to 80,000 pounds. These changes allow the design of 25-ton legal-weight truck casks with payloads of 2 PWR/5 BWR. These changes may also allow the development of a 40-ton overweight truck cask with a payload of 4 PWR/10 BWR. Such overweight casks will result in significantly fewer highway shipments compared with legal-weight casks, with potential reductions in transport-related repository risks and costs. These advantages must be weighed against a number of institutional issues surrounding such overweight shipments before a substantial commitment is made to develop an overweight truck cask fleet. This report discusses these issues in detail and provides recommended actions to DOE

  14. Developing drugs for the developing world: an economic, legal, moral, and political dilemma.

    Science.gov (United States)

    Resnik, D B

    2001-05-01

    This paper discusses the economic, legal, moral, and political difficulties in developing drugs for the developing world. It argues that large, global pharmaceutical companies have social responsibilities to the developing world, and that they may exercise these responsibilities by investing in research and development related to diseases that affect developing nations, offering discounts on drug prices, and initiating drug giveaways. However, these social responsibilities are not absolute requirements and may be balanced against other obligations and commitments in light of economic, social, legal, political, and other conditions. How a company decides to exercise its social responsibilities to the developing world depends on (1) the prospects for a reasonable profit and (2) the prospects for a productive business environment. Developing nations can either help or hinder the pharmaceutical industry's efforts to exercise social responsibility through various policies and practices. To insure that companies can make a reasonable profit, developing nations should honor pharmaceutical product patents and adhere to international intellectual property treaties, such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. To insure the companies have a good business environment, developing nations should try to promote the rule of law, ethical business practices, stable currencies, reliable banking systems, free and open markets, democracy, and other conditions conducive to business. Overall, this paper advocates for reciprocity and cooperation between pharmaceutical companies and developing nations to address the problem of developing drugs for the developing world. In pursuing this cooperative approach, developing nations may use a variety of other techniques to encourage pharmaceutical companies to act responsibly, such as subsidizing pharmaceutical research, helping to design and implement research protocols, providing a guaranteed market, and

  15. Political Crowdfunding as concept of political technologies

    Directory of Open Access Journals (Sweden)

    Valeria GOLKA

    2016-09-01

    Full Text Available Political crowdfunding is analyzed as a new concept of political science. The justification of use of crowdfunding technologies not only in business but also in the political sphere is argued. The efficiency, availability, low cost of the new forms of political investment through the development of information and communication technologies are noted. The typology of political crowdfunding is proposed. Political projects promoting domestic crowdfunding platforms are analyzed. Attention is drawn to the problem of legal gaps in the regulation of crowdfunding is studied. The foreign experience of organizing public support (mikroinvestment political projects. It is emphasized that in terms of political theory crowdfunding is based on solidarity. The crowdfunding properties of transforming social capital accumulated by social networks into financial capital are mentioned.

  16. Political, socio-economic, legal and civilizational risks on the way of Russia and the slavonic world towards sustainable development

    Directory of Open Access Journals (Sweden)

    Sergey N. Baburin

    2017-06-01

    Full Text Available Objective to identify the political socioeconomic and legal risks on the way of Russia and the Slavonic world towards sustainable development. Methods dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors that determined the choice of the following research methods systematic and structural formallegal and comparativelegal. Results the article views the system of risks on the way of Russia and the Slavonic world towards sustainable development which includes political socioeconomic legal and civilizational risks. Scientific recommendations are formulated for the identification analysis and elimination of risks. The main tendencies of the world order are identified changes in the structure of the statesrsquo national interests strengthening the role of nonstate actors promotion of democratic values and ideals the increasing role of international and interstate cooperation. Scientific novelty the article proposes a classification of risks that stand in the way of Russia and the Slavonic world towards sustainable development the necessity of their complex including constitutional overcoming and identifies the causes and conditions contributing to the emergence of the risks. Practical significance the main provisions and conclusions of the article can be used in scientific and educational activities in addressing the issues of planning and predicting the state and legal phenomena and processes.

  17. Basics of Swiss water levy politics - Legal aspects; Grundlagen Wasserzinspolitik. Rechtliche Ueberlegungen - Schlussbericht

    Energy Technology Data Exchange (ETDEWEB)

    Leimbacher, J.

    2008-10-15

    This comprehensive final report for the Swiss Federal Office of Energy (SFOE) takes a look at the legal aspects involved in setting up the basics for the definition of the interest to be levied on water commodities. This levy is raised in Switzerland on the use of water and represents the payment made to a commune for the use of its water resources. The original aims of the levy, to encourage the use of water resources, are noted. Limits on the height of the levy and the definition and adjustment of the maximum rate by government are discussed. Various legal aspects are examined and the fact that the levy must be economically reasonable and economically acceptable is discussed. Various pragmatic approaches to being able to adjust or index the levy are discussed. The introduction of an additional levy to cover the storage of water is discussed, as is the definition of the part use of the proceeds to provide funding for the high-voltage electricity grid, for example. The history of the levy and various political initiatives are noted and even the abolition of the levy is discussed.

  18. Legalization of Same-Sex Partnerships and the Possibility of "the Politics of Recongnition" : Learning from a Debate in the United States

    OpenAIRE

    佐藤, 美和

    2008-01-01

    In this paper, I show importance of interpreting legalization of same-sex partnerships as a process of "the politics of recognition" for gay and lesbian, through featuring on the argument about legalization of partnerships in U.S.A. In the first section, I survey evolution of lawsuits to demand the right to marry for same-sex couples, from that in 70's to Goodridge decision of the Massachusetts Supreme Court in 2003. From Beahr decision of the Hawaii Supreme Court in 1993 to Goodridge decisio...

  19. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  20. Local power production at the end consumer - legal, political and economical external conditions

    International Nuclear Information System (INIS)

    Grinden, Bjoern; Hunnes, Arngrim; Naesje, Paal; Wangensteen, Ivar; Morch, Andrei Z.

    2002-12-01

    The report deals with the external conditions for local power production, suggested as a production close to or at the end consumer. The political, legal and economical frame conditions for such production including rating are discussed. The report shall together with a technical report regarding appropriate technologies for such production (A5712), serve as a basis for case studies and monitors later in the project. Through the case studies it will be uncovered how the external conditions are functioning which will make foundations for recommendations concerning possible alterations in the conditions in order to make the local power production more profitable. In the discussion on the political and legal external conditions the system of today is studied. From the political area the general development is described and a short analysis is made of what to expect from case handling procedures, and some challenges are pointed out At present there is a simplified handling of cases of minor and smaller power plants. In order to obtain a more realistic construction of such plants the requirements of license handling may need sharpening. The tariffing of energy deliverance is studied. The regulations for tariffing and income regulation in the distribution network is mainly designed with the consumer and the central power production in mind. A study is made of how the regulations work, to what extent precessions and additional rules are needed and to what extent alterations in the regulations are needed in order to incorporate the local power production in a rational way. While a local power producer at best, will want a price for power which is sold at the power market of the size of 20 oere/kWh, the power will increase in value further down in the voltage level. At the 230 V level the power price will be of the size of 60 oere/kWh all expenses included and the network rent (during normal precipitation conditions). Therefore the production for own consumption will be met

  1. Legal pluralism and social justice in economic and political development

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2001-01-01

    Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a

  2. Expanding OPEC production capacity: some legal and environmental aspects

    International Nuclear Information System (INIS)

    Al-Sahlawi, M.A.

    1992-01-01

    There is general consensus that the global demand for oil will increase in the medium-to-long term. It is predicted that much of this additional demand will be for OPEC oil. Therefore, it will become necessary to expand OPEC production capacity to meet this perceived increase. In recent years, many OPEC countries have launched far-reaching and, in some cases, radical plans to expand their production capacity. However, given the various investment and political constraints faced by the 13 OPEC Members, each country differs markedly in its ability to boost production capacity sufficiently to meet self-imposed targets. In this paper, we examine the importance to the oil market of recent oil supply trends and possible future attempts to build OPEC production capacity, focussing in particular on the legal and environmental issues involved. A review is provided of the legal mechanisms currently evolving in OPEC Countries to encourage investment in their oil industries. In addition, we outline the impact of the environmental movement of OPEC's expansion programmes. (author)

  3. Peculiarities of the Nature and Status of the Russian Presidential Administration: Historical, Political and Legal Overview

    Directory of Open Access Journals (Sweden)

    Anton Vladimirovich Zuykov

    2018-03-01

    Full Text Available The Presidential Administration in the Russian Federation has never been just an adminicular mechanism of the head of state. Unlike its western analogs, it has always possessed an incomparably large resource of power. While presidents were changed, the personal stuff, structure and authorities of this body were also changed, but its central place in the management system of the Russian state remained stable. The Administration of the President of the Russian Federation is an institution, whose legal status does not have a clear legal shape. Not without reason the journalists, as well as lawyers, political scientists and historians sometimes call it the shadow government or the secret order. However, the legal nature of the administration of the President of the Russian Federation is not quite clear. Even the name "Administration" is often misleading: whether the Administration of the President of the Russian Federation may be considered the executive power or the public administration in a wider sense? This and other disputes about the nature of the Presidential Administration of the Russian Federation and its legal status have arisen in the expert community with the beginning of complex work on the constitutional project, and are still ongoing today. In this regard, the author of this article decided to make one of the first attempts in the country to investigate what the Administration of the President of the Russian Federation really is, what are the problems associated with its functioning, and whether there are legal means to resolve them at the present stage. To answer these questions, the author thoroughly analyzes the models and arguments proposed at different stages of the development of the new Russia, and correlates them with the basic constitutional principles.

  4. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

  5. About green political parties

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2015-01-01

    Full Text Available In this work the author refers to some legal and political questions in connection with green political parties. Those questions cover: the ideology of green political parties, their number and influence, both in general and in Serbia. The first part of work is generally speaking about political parties - their definition, ideology, role and action. Main thesis in this work is that green political parties, by their appearance, were something new on the political scene. But quickly, because of objective and subjective reasons, they were changing original ideas and were beginning to resemble to all other political parties. In this way, they lost their vanguard and political alternativeness.

  6. The Ecology of Legal Practice and Political Participation

    Science.gov (United States)

    Hourani, Benjamin T.

    1970-01-01

    Considers how lawyers relate themselves to politics by investigating whether the variations in the work situation of lawyers and their position in the hierarchy of the profession affect their political activity and some aspects of their perceptions. (Author)

  7. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    Farhana

    2018-01-01

    Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

  8. The political economy of finance

    NARCIS (Netherlands)

    Perotti, E.

    2014-01-01

    This survey reviews how recent political economy literature helps to explain variation in governance, competition, funding composition, and access to credit. Evolution in political institutions can account for financial evolution, and, unlike time-invariant legal institutions or cultural traits, is

  9. The Use of Force in Modern Counter-Terrorism: International Legal and Political Aspects

    Directory of Open Access Journals (Sweden)

    Elizaveta Sergeevna Gromoglasova

    2016-12-01

    Full Text Available The paper reviews the recent practice of the use of military force in extraterritorial counter-terrorist operations. It argues that nowadays we're witnessing a new stage in the 'war on terror' that's still going on. Although the most of the modern counter-terrorist operations like, for example, the US-led coalition against ISIL in Iraq are being conducted at the request of the affected government, the major risks of expanding and misuse of the right on individual or collective self-defense enshrined in the UN Charter are still present. This can be illustrated by reference to the US air strikes on ISIL in Syria that have been undertaken without consent of Syrian government. But the challenges emerging from 'failed states' and rise of new more radical and militant terrorist movements (ISIL, Ash-Shabaab, Boko Haram and others change the perceptions of legality of extraterritorial counter-terrorist force. The approach which reaffirms responsibility of the state for suppressing terrorist groups operating from within its territory seems to become more and more acceptable. Accordingly, if the state can't suppress terrorist activity it should accept the counter-terrorist intervention on its territory. Nevertheless, jus in bello norms (first of all international humanitarian law remain stringent legal framework for actual use of counter-terrorist military force. The paper concludes that overall political legitimacy of the modern military counter-terrorist operations should be accessed in terms of their humanitarian impact and consequences.

  10. Psychological constraints on egalitarianism

    DEFF Research Database (Denmark)

    Kasperbauer, Tyler Joshua

    2015-01-01

    processes motivating people to resist various aspects of egalitarianism. I argue for two theses, one normative and one descriptive. The normative thesis holds that egalitarians must take psychological constraints into account when constructing egalitarian ideals. I draw from non-ideal theories in political...... philosophy, which aim to construct moral goals with current social and political constraints in mind, to argue that human psychology must be part of a non-ideal theory of egalitarianism. The descriptive thesis holds that the most fundamental psychological challenge to egalitarian ideals comes from what......Debates over egalitarianism for the most part are not concerned with constraints on achieving an egalitarian society, beyond discussions of the deficiencies of egalitarian theory itself. This paper looks beyond objections to egalitarianism as such and investigates the relevant psychological...

  11. Towards nuclear disarmament: State of affairs in the international legal framework

    International Nuclear Information System (INIS)

    Fanielle, Sylvain

    2016-01-01

    Since the dawn of the nuclear era, nuclear disarmament has been one of the highest priorities of the international community in ensuring global peace and security. Accordingly, numerous multilateral and bilateral political initiatives have been launched to fulfil this objective in a comprehensive manner. Many of these political efforts have resulted in the negotiation and adoption of legal instruments, which currently comprise the international legal framework on nuclear disarmament. Despite numerous achievements, this framework appears to be at a turning point. As a matter of fact, recent political and diplomatic tensions have reminded the international community that the far-reaching objective of global nuclear disarmament is under continuous pressure. In this context, is the international legal framework on nuclear disarmament effective? This article addresses both development and effectiveness of the international legal framework on nuclear disarmament. It first describes the position of nuclear disarmament within the United Nations (UN) machinery and the related political challenges. It then focuses on the Nuclear Non-Proliferation Treaty (NPT),1 with a particular focus on the interpretation and legal requirements associated with Article VI. Finally, it provides an overview of the Nuclear-Weapon-Free Zones (NWFZs) and their role in the international denuclearization dynamics. (author)

  12. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  13. Legal constraints on EU Member States as primary law makers : a case study of the proposed permanent safeguard clause on free movement of persons in the EU negotiating framework for Turkey's accession

    NARCIS (Netherlands)

    Tezcan, Narin

    2015-01-01

    Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law making function in this context? That is the central question this thesis addresses. It argues that such constraints do exist, and tries to identify them, thereby hoping to

  14. Civil rights between legal provisions and political reality in Albania

    Directory of Open Access Journals (Sweden)

    Doris Koliqi Malaj

    2018-03-01

    Full Text Available One of the basic principles of civil rights is that all human beings are born free and equal in dignity and rights. The life protection, liberty and property should be equally guaranteed to citizens to exclude discrimination of minorities or other parts of the population. These rights are an important part of civil liberties and are considered as an essential element for effective citizenship. Arbitrary arrest, terror, torture or other serious and unlawful interference, both by state and private actors, significantly affect the well-being of democracy as it affects the very essence of it. In liberal democracies, leaders legitimized by the people must be involved within the norms and principles of the rule of law in order to establish a healthy relationship between the state and the citizen. This relationship is considered to be damaged in non-liberal democracies as it is affected by the suspension of individual freedoms and rights. This paper aims to analyze whether these individual rights are guaranteed and protected in Albania, considering from the perspective of the legal framework as well as in the political reality. This study aims to analyze the development of human rights, judicial rights and their implementation in our country to come to the conclusion, whether our system is that of a liberal democracy or not.

  15. A Political, Economic, Social, Technology, Legal and Environmental (PESTLE) Approach for Risk Identification of the Tidal Industry in the United Kingdom

    OpenAIRE

    Kolios, Athanasios J.; Read, G.

    2013-01-01

    This paper presents a comprehensive analysis of renewable and especially tidal energy through a political, economic, social, technology, legal and environmental (PESTLE) analysis approach and by reviewing the most up to date relevant literature. The study focuses on the United Kingdom given the favourable environmental resources for such technologies; the number of different design concepts that are currently under development as well as the research funding that has been invested over the la...

  16. AN ANALYSIS OF THE ROLE OF ECONOMIC ACTORS IN THE WTO DISPUTE SETTLEMENT SYSTEM: LEGAL OR POLITICAL ISSUE?

    Directory of Open Access Journals (Sweden)

    Intan Soeparna

    2015-10-01

    Full Text Available Economic actors are the main trade player in the World Trade Organization, although, the relation between WTO and economic actor is built by trade regulation that is negotiated among the WTO Members. Nothing in the WTO regulates economic actors to involve directly in the WTO, especially in the WTO dispute settlement system. Nevertheless, the debate amongst experts regarding the involvement of economic actors in the WTO dispute settlement system is unavoidable. This article therefore discusses the possibility of the involvement of economic actors in the WTO dispute settlement system, whether there is legal and political point of views

  17. The Imposition of the Death Penalty on Mexican Nationals in the United States and the Cultural, Legal and Political Context

    Directory of Open Access Journals (Sweden)

    James Michael Olivero

    2013-03-01

    Full Text Available This paper reviews death penalty perspectives from the United States, Mexico and international law. The United States practices the death penalty on not only its citizens, but those of other nations who commit capital crimes. Mexico is a death penalty abolitionist state that takes significant issue with the United States over executing Mexican nationals. The paper analyzes the cultural, legal and political conflict between the two countries surrounding the application of the death penalty on Mexican nationals.

  18. Abortion Rights Legal Mobilization in the Peruvian Media, 1990-2015.

    Science.gov (United States)

    Gianella, Camila

    2017-06-01

    State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization-in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República , between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media's agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed.

  19. Women, Politics, Elections, and Citizenship.

    Science.gov (United States)

    Webster, Gerald R.

    2000-01-01

    Outlines the historical development of women's legal and political status in the United States, focusing on suffrage, the three "waves" of women's movements, and access to elected office. Discusses three impediments of electing women candidates to public office: (1) solidarity; (2) political culture; and (3) the impact of the single-member…

  20. The Politics of Law in a Post-Conflict UN Protectorate

    DEFF Research Database (Denmark)

    Grasten, Maj Lervad; J. Uberti, Luca

    2017-01-01

    rely on semi-structured interviews with international officials and a review of legal documents to argue that the process of institutional change was driven largely by a contest between conflicting legal norms, rather than a contest between politically organised interest-based groups. International...... on the background paradigm ushered in a protracted period of ideational contestation. Privatisation in post-war Kosovo was essentially about the ‘politics of law’, as the legalisation of privatisation policy led inevitably to the contentious politicisation of legal norms....

  1. The principles and values of the social state of law as a legal and political framework for resolving conflicts

    International Nuclear Information System (INIS)

    Valencia Hernandez, Javier Gonzaga

    2008-01-01

    The social state of law is the legal politic framework proposed in the 1991 Constitution, in which Colombians expect to construct a new relationship with nature, based in principles and values such as life, prevalence of general interest over the individual, solidarity, protection of cultural and natural wealth, human dignity and civic participation. The environmental conflicts currently pose a new challenge for the jurists, given that for its comprehension, development and solution proposal it becomes necessary to have a general legal framework and rules of environmental law, as well as principles and values consecrated in the constitution and in other international instruments ratified by Colombia. The participation of an informed, trained and deliberative citizenship, in the resolution of environmental conflicts and in the decisions taken over the environment, will create a dynamic public opinion that will question governors, will manage jointly their own projects and will promote different values from those created from the consumer societies and the individual ownership in the actual states

  2. Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

    Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

  3. Legal, administrative and financial aspects of long term management of radioactive waste

    International Nuclear Information System (INIS)

    Strohl, Pierre.

    1978-01-01

    Radioactive waste management raises technical, political and legal problems. The technical question covers mainly choice of the method and the location for waste disposal or storage: seabed, geologic formations or a disposal facility. The political problem is mainly acceptability by the public of decisions taken or planned by the competent authority. Finally, the legal frame is an important factor in the definition of long-term control. The institutional system to be created requires political consensus and an efficient and credible technique so as to be successful. (NEA) [fr

  4. Abortion Rights Legal Mobilization in the Peruvian Media, 1990–2015

    Science.gov (United States)

    Gianella, Camila

    2017-01-01

    Abstract State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization—in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República, between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media’s agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed. PMID:28630547

  5. The peculiarities of scientific research whithin old institutionalism of the political-institutional paradigm

    Directory of Open Access Journals (Sweden)

    O. V. Bashtannyk

    2016-10-01

    The presence of internal evolution in the analysis’s research strategy of the classical institutional theory is justified. First, the principle of normativity (borrowed from political philosophy was gradually transformed from requirements of accordance to moral and value criteria till declaration the paramount of legal framework for regulation the functioning of the political institutions. Second, understanding of the state as a legally holistic phenomenon of the highest status to the system of government (borrowed from legal positivism and historical school of law was modified to consideration of the state as one among other political institutions of society, though very influential.

  6. The Political Economy of Intergenerational Risk Sharing

    NARCIS (Netherlands)

    Hollanders, D.A.

    2010-01-01

    This paper analyses the political constraints of intergenerational risk sharing. The rst result is that the political process generally does not lead to ex ante optimal insurance. The second result is that in a second best political setting PAYG still contributes to intergenerational risk sharing.

  7. Political Ideology and Economic Freedom

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    This paper examines the association between political ideology and the size of government and quality of the legal system and regulations. A cross-country indicator of government and citizen ideology is presented. Empirical results suggest that ideologically leftwing governments increase the size...... of government while the long-term ideological convictions of citizens but not governments affect the quality of the legal system and regulations....

  8. Party Political Panthers: Hegemonic Tamil Politics and the Dalit Challenge

    Directory of Open Access Journals (Sweden)

    Hugo Gorringe

    2011-12-01

    Full Text Available The Viduthalai Ciruthaigal Katchi (VCK, Liberation Panther Party has successfully transformed from the largest Dalit movement in Tamil Nadu into a recognised political organisation. Social movement theorists like Gamson (1990 view political recognition and engagement as one of the main aims and successes of social mobilisation. Despite the obvious achievements of the VCK, however, activists and commentators express disappointment or disillusionment with its performance. The Panthers clearly reject the caste hierarchy, but they increasingly adopt hegemonic forms of politics which can undermine their aims. This paper, thus, engages with the questions of movement institutionalisation by tracing the political trajectory of the VCK and charting its resistance to and compliance with Dravidian hegemony. It argues that institutionalisation needs to be understood within particular socio-political contexts and notes how the hegemony of Dravidian politics partly explains the disjuncture between activist and political perceptions. It portrays how the dominant political parties have set the template for what it means to ‘do’ politics in Tamil Nadu which serves as both an opportunity and a constraint for potential challengers.

  9. Tobacco Control in Africa: People, Politics and Policies | IDRC ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    2011-10-15

    Oct 15, 2011 ... Although the policy interventions are well understood, the political economy ... case studies – representing diverse linguistic, geographic, political, legal and ... Addressing Africa's unmet need for family planning by intensifying ...

  10. Cultural legacies and political preferences

    DEFF Research Database (Denmark)

    Siroky, David S.; Mueller, Sean; Hechter, Michael

    2017-01-01

    crucial in explaining the decision to secede, but not in a conventional pocketbook manner. To examine this theory, we analyze the 2013 referendum on the secession of the Jura Bernois region from the Canton of Berne in Switzerland, using municipal level census and referendum data. The results lend support......, ecological constraints such as geography and topography affect social interaction with like-minded individuals. On the basis of both these political preferences and ecological constraints, individuals then make rational choices about the desirability of secession. Instrumental considerations are therefore...... to the theory and suggest one way in which the politics of identity, based on factors like language and religion, can be fused with the politics of interest (preferences for more or less state intervention into the polity and economy) to better understand group behavior....

  11. Political economy of love: nurturance gap, disembedded economy and freedom constraints within neoliberal capitalism

    Directory of Open Access Journals (Sweden)

    O’Hara Phillip Anthony

    2014-01-01

    Full Text Available This article critically evaluates the forms of love capital being accumulated by people in capitalist economies, through the lens of some of the core general principles of heterodox political economy (HPE. We start by situating love historically in the neoliberal culture and then examine the six main love styles as well as the five critical factors through the process of circular and cumulative causation. We then scrutinise the contradictions of neoliberal capitalism involving the nurturance gap, disembedded economy and freedom constraint which inhibit the generation of holistic love capital. The path dependent nature of love is then linked to relational phases and instabilities, especially involving serial monogamy in the United States. Some of the core principles of HPE provide a vantage point for scrutinising the problems involved in stimulating holistic love capital in the contemporary environment.

  12. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...

  13. Ethnic divisions, political institutions and the duration of declines: A political economy theory of delayed recovery

    NARCIS (Netherlands)

    Bluhm, R; Thomsson, K.M.

    2015-01-01

    This paper analyzes the duration of large economic declines and provides a theory of delayed recovery. First, we develop a formal political economy model that illustrates a simple mechanism of how weak constraints on the political executive can lead to longer declines in ethnically heterogeneous

  14. [Political psychology].

    Science.gov (United States)

    Resch, Mária; Bella, Tamás

    2013-04-21

    In Hungary one can mostly find references to the psychological processes of politics in the writings of publicists, public opinion pollsters, philosophers, social psychologists, and political analysts. It would be still important if not only legal scientists focusing on political institutions or sociologist-politologists concentrating on social structures could analyse the psychological aspects of political processes; but one could also do so through the application of the methods of political psychology. The authors review the history of political psychology, its position vis-à-vis other fields of science and the essential interfaces through which this field of science, which is still to be discovered in Hungary, connects to other social sciences. As far as its methodology comprising psycho-biographical analyses, questionnaire-based queries, cognitive mapping of interviews and statements are concerned, it is identical with the psychiatric tools of medical sciences. In the next part of this paper, the focus is shifted to the essence and contents of political psychology. Group dynamics properties, voters' attitudes, leaders' personalities and the behavioural patterns demonstrated by them in different political situations, authoritativeness, games, and charisma are all essential components of political psychology, which mostly analyses psychological-psychiatric processes and also involves medical sciences by relying on cognitive and behavioural sciences. This paper describes political psychology, which is basically part of social sciences, still, being an interdisciplinary science, has several ties to medical sciences through psychological and psychiatric aspects.

  15. The Gender Politics of Abortion

    Directory of Open Access Journals (Sweden)

    Lucila Scavone

    2008-05-01

    Full Text Available The debates and feminist actions in favor of the legalization of abortion in Brazil were characterized by progresses and regressions, and above all by countless political negotiations. From the omission of the word “abortion”, in the mid-seventies, to the political choice of decriminalization and application of the cases foreseen by law, Brazilian feminism has been marked by the choice of negotiation. The article concludes that these negotiations have succeeded politically but failed to reach society and heighten public awareness at a large scale.

  16. Grants to Political Groups in the Spanish Legislative Assemblies

    Directory of Open Access Journals (Sweden)

    Álvaro González-Juliana Muñoz

    2014-06-01

    Full Text Available This paper analyzes, from the perspective of Administrative Law, one of the sources of public funding of political parties in Spain: the grants to Political Groups in the Legislative Assemblies. This paper focuses on the study of the legal status of those grants, which have received little attention from the legal literature, despite its importance and despite the fact that they are poorly regulated. In this regard, this paper analyzes the legal nature of those grants and it concludes that they are authentic public subsidies. On the basis of this conclusion, the fundamental aspects of those grants become the subject of the study: the requirements and obligations of Political Groups, the procedure for the award of the grants, the control activity and the refund of the grant. As a result, this analysis makes clear the limits and errors of the meager regulation contained in parliamentary Regulations. Last, but not least, several solutions are proposed, taking the General Subsidies Act as a reference.

  17. Political Ideology and Economic Freedom.

    OpenAIRE

    Bjørnskov, Christian

    2005-01-01

    This paper examines the association between political ideology and the size of government and quality of the legal system and regulations. A cross-country indicator of government and citizen ideology is presented. Empirical results suggest that ideologically leftwing governments increase the size of government while the long-term ideological convictions of citizens affect the size of government and the quality of the legal system and regulations. These effects depend on the degree of politica...

  18. Anxiety and Politics

    Directory of Open Access Journals (Sweden)

    Franz L Neumann

    2017-06-01

    Franz Leopold Neumann (1900-1954 was a political theorist associated with the Frankfurt School. He obtained a doctoral degree in legal studies at the University of Frankfurt with the dissertation „Rechtsphilosophische Einleitung zu einer Abhandlung über das Verhältnis von Staat und Strafe“ (A Legal-Philosophical Introduction to A Treatise on the Relationship between the State and Punishment. Neumann became the German Social Democratic Party’s (SPD main legal advisor at a time when the Nazis and Hitler gained strength in Germany. At the time when Hitler came to power in 1933, the legal office had to be closed and Neumann had to flee from Germany. In London, he in 1936 obtained his second doctoral degree from the London School of Economics with the work “The Governance of the Rule of Law” under the supervision of Harold Laski and Karl Mannheim. Neumann moved to New York in 1936, where he became a member of the Institute of Social Research (also known as the “Frankfurt School” that was then in exile in the USA. In 1942, he started working for the Office of Strategic Service (OSS, where he together with Herbert Marcuse and Otto Kirchheimer analysed Nazi Germany. In 1942, Neumann published his main book is Behemoth: The Structure and Practice of National Socialism, 1933–1944 (2nd, updated edition published in 1944, one of the most profound analyses of Nazi Germany’s political economy and ideology. Franz L. Neumann died in 1954 in a car accident.

  19. Political and legal evolution of ukrainian sovereign bureaucracy

    Directory of Open Access Journals (Sweden)

    О. V. Zabrodina

    2015-02-01

    Proved that the current stage of bureaucracy management structure tour in Ukraine related to the events of late 2004 – early 2005, during which brought to power a new political team that actualized the adaptation bureaucratic structures to European standards. This process is complicated by the intense politicization bureaucratic machine manifestations of social and psychological fatigue from endless changes. This concern fatigue, apathy, aggression in the population. Being long standby time change for the better, people lost faith in the good intentions of the government and resist any changes that are even justified. In fact, at the present stage of state is chance to overcome the effects fusion authoritarian bureaucracy that leads to cultivation among officials slavish obedience, dogmatic thinking, conservatism, social apathy, a decrease in confidence in the political and ruling elite in society.

  20. Legal constraints on genetic data processing in European grids

    NARCIS (Netherlands)

    Mouw, Evert; van't Noordende, Guido; van Kampen, Antoine H. C.; Louter, Baas; Santcroos, Mark; Olabarriaga, Silvia D.

    2012-01-01

    European laws on privacy and data security are not explicit about the storage and processing of genetic data. Especially whole-genome data is identifying and contains a lot of personal information. Is processing of such data allowed in computing grids? To find out, we looked at legal precedents in

  1. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

  2. Glosa about political ethics

    Directory of Open Access Journals (Sweden)

    Ćorić Dragana

    2013-01-01

    Full Text Available Debates about political ethics aren't new. They have been present since ancient Greek philosophers. Machiavelli set some new principles, regarding amoral behavior of the prince, which could be quite legitimate and legal. He didn't invented anything new, he just admitted that, that was the reality. Some modern authors think that ethics and politics should be departed always, some other think that they should cooperate. In the end of the day, the voters are those who must face with amoral behavior of politicians, because it seems that politicians don't recognize ethics at all? Or is it just look like? In this paper, we will try in short to tell something about origins of political ethics, its burning issues, and about possible ways of implementation of political ethics and its development.

  3. The Politics of Whitelisting

    DEFF Research Database (Denmark)

    Leander, Anna

    2016-01-01

    This article looks closely at the politics of whitelists in commercial security. It argues that whitelists are essential for the current transformations in regulatory politics in which Codes of Conduct, Best Practices, Benchmarks and Standards are replacing more conventional, legally binding forms...... of regulation. The article traces how whitelists are tied to these transformations. The account is organized around how the practical, pragmatic and poetic character of lists (Umberto Eco) fashion the work and topological imprint (Manuel DeLanda) of whitelists in commercial security specifically. The article...

  4. Political ecology of Bruno Latour

    Directory of Open Access Journals (Sweden)

    Birešev Ana

    2012-01-01

    Full Text Available The paper explores Latour’s conception of political ecology and its theoretical and political implications. The first part of the paper shows Latour’s critique of theoretical frameworks of scientific and political practices, which, in his opinion, constrain a true discussion on ecological crises by simplifying them and putting them into readymade interpretative models. The second part of the paper examines the notions - the collective, representation, propositions, articulation, and parliament of things - central to understanding Latour’s idea of involvement of humans and non-humans in politics. Finally, the paper explores the potentials and constraints of Latour’s idea of political community of new political subjects (hybrid entities, which is constituted in controversies and through controversies. [Projekat Ministarstva nauke Republike Srbije, br. 43007

  5. WOMEN’S RIGHTS IN THE POLITICAL SPHERE- MACEDONIAN AND INTERNATIONAL EXPERIENCE

    OpenAIRE

    Dana Nikolov

    2015-01-01

    Gender equality is a key issue that concernsall government entities in the world and the extent of its legal regulation depends on the inclusion of women in the political sphere of a state. Early women's rights movement dates back to the 1830s when women began speaking publicly against slavery. Since then, the performance by women on the legal and political scene is in continuous progression, but it is not sufficient. Currently the country with the largest number of...

  6. Economics, funding and the influence of politics on the Wismut Program

    International Nuclear Information System (INIS)

    Mager, D.

    1993-01-01

    This presentation gives an overview of the interactions among legal aspects, financial aspects, political reorganization of East Germany, and political issues in reference to remedial action on the Wismut Uranium mine program in Germany

  7. Sexual and Reproductive Rights, Social Inequality and Politics in ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Sexual and Reproductive Rights, Social Inequality and Politics in Latin America. Paradoxically, Latin America has some of the most stringent legal restrictions against and highest rates of abortion in the world. The co-existence of legal restrictions and unsafe abortions affects society unequally. While middle- and upper-class ...

  8. Post-2012 climate change agreement - Fitting commitments by cities. Political, economic, technical and legal aspects

    International Nuclear Information System (INIS)

    Lefevre, B.; Wemaere, M.

    2009-01-01

    There is a growing awareness of the crucial role that urban territories must and can play in reducing greenhouse gas emissions, along with a growing power of a lobby dedicated to supporting the voices of urban territories vis-a-vis national states. The local level of organization and policy is relevant for two main reasons: density and spatial organization are key factors that influence energy consumption in transport and building; some of the major potentials for emission abatement need local coordination to overcome transaction costs. 'Engage, Empower and Resource': this formula, forged during the C40 Seoul Summit (May 2009), calls for clear and quantified commitments with a timetable for delivery; additional power and competencies for cities to increase their capacity to act; and substantial financial resources. Road-Map: This paper identifies key elements that need to be taken into account when developing a road-map that seeks empowerment of local governments in the UN post-2012 framework. It explores political, economic, technical and legal aspects, along with respective main issues to be addressed. (authors)

  9. The Information-Quantum Concept Of The State In The Political And Legal Views Of J. Locke As A Reflection Of The Post-NonClassical Type Of Scientific Rationality

    Directory of Open Access Journals (Sweden)

    Valeriy P. Ivanskiy

    2015-03-01

    Full Text Available In the present article author reveals the concept of State, contained in the doctrine of John Locke, but in line with the post-non-classical science, one of the research lines of the event information and quantum legal concept. Despite the diverse palette of the "state" definitions the most appropriate definition is the definition, where it is identified with the union of people - people living in the particular area. Due to the fact that the system of "people" is made up of interconnected components - people, it is important to know the basis on which to build a state - of man, but under the cut parameters of post-non-classical paradigm. In the John Locke's opinion, birth of a nation as state is a constantly renewed process of transition from the natural state to the politically-legal, which is happened with every "I" subject individually by the closure of the social contract. However, conclusion of the public contract does not imply any written form. Settlement of the agreement, in terms of information and quantum legal concept implies legal transition of the "I" subject (homo juridicus from the vibration status of "ethnicity" to the system "people." In addition, on the basis of the social contract homo juridicus acquire political status by means of which they establish public institutions, giving them their natural rights. Locke divided all natural rights into two groups - primary (inalienable and secondary. Primary law, being the subject of the public contract, in our opinion, belongs to the system of “ethnicity” (legal proto-pattern “I” and is characterized by two aspects. Firstly, individuals did not have the authority to encroach on them. In other words, life, liberty, and property are universal values and are determined by collective archetypes of the unconscious sphere; secondly, the person has no right to transfer them to other people, because it violates the energy-informational balance of the whole of humanity. Therefore

  10. Weberian versus Pluralistic Legal Forces in the Global Political Economy

    Directory of Open Access Journals (Sweden)

    Volkmar Gessner

    2013-10-01

    Full Text Available This picture supports a view that modernization processes lead naturally to legal structures similar to what can be observed in Western societies and that also global structures will emerge on the same model. Together with modernization theory another prominent theory often alluded to as justification for legalization is Institutional Economics where rules and institutions are considered mechanisms for effective transaction costs avoidance. My earlier publications compare these and other approaches for explaining the role of law in the economy. A third theory is Max Weber’s legal rationalization, an evolutionary process running from traditional irrational forms to formal, bureaucratic forms of legal domination. Weber’s view that legal rationalization is our “fate” and informal rules and institutions are necessarily outdated will be reconsidered from a historical perspective and confronted with empirical data gathered in the area of the governance of global business transactions. This article will attempt to show that although Weber’s influential approach still helps to explain much of what occurs in domestic models of capitalism it doesn’t seem to grasp the growing complexities of globalized capitalism. Este análisis apoya la opinión de que los procesos de modernización conducen naturalmente a las estructuras jurídicas similares a lo que se observa en las sociedades occidentales y que también las estructuras globales surgirán en el mismo modelo. Junto con la teoría de la modernización, otra teoría prominente a menudo aludida como justificación para la legalización es la Economía Institucional, donde las reglas y las instituciones se consideran mecanismos para evitar los costos de transacción de efectivo. Las publicaciones anteriores del autor comparan estos y otros enfoques para explicar el papel de la ley en la economía. Una tercera teoría es la racionalización jurídica de Max Weber, un proceso evolutivo que va

  11. Society as a crime victim of legal entities

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2011-01-01

    Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

  12. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)

  13. School of Political Science

    Directory of Open Access Journals (Sweden)

    A. D. Voskresensky

    2014-01-01

    Full Text Available Out of all the departments of political sciences in Russia - the Department at MGIMO-University is probably the oldest one. In fact it is very young. While MGIMO-University is celebrating its 70th anniversary the Department of Political Sciences turns 15. Despite the fact that political analyst is a relatively new profession in Russia, it acquired a legal standing only in the 1990s, the political science school at MGIMO-University is almost as old as the university itself. Unlike many other universities, focused on the training teachers of political science or campaign managers MGIMO-University has developed its own unique political science school of "full cycle", where students grow into political sciences from a zero level up to the highest qualifications as teachers and researchers, and campaign managers, consultants and practitioners. The uniqueness of the school of political science at MGIMO-University allows its institutional incarnation -the Department of Political Science - to offer prospective studentsa training in a wide range of popular specialties and specializations, while ensuring a deep theoretical and practical basis of the training. Studying at MGIMO-University traditionally includes enhanced linguistic component (at least two foreign languages. For students of international relations and political science learning foreign languages is particularly important.It allows not only to communicate, but also to produce expertise and knowledge in foreign languages.

  14. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  15. Claims of Need in Property Law and Politics

    DEFF Research Database (Denmark)

    Cockburn, Patrick Joseph

    2016-01-01

    between the claims of the needy and the rights of property owners. Against this backdrop this article compares three theoretical accounts of how the fact of human need should impact upon our thinking about property rights: the rights-based arguments of Jeremy Waldron, the radical democratic theory...... of Lawrence Hamilton, and the anarchist commentary of Colin Ward. While ‘theories’ of need have paid much attention to the nature of need ‘itself’, the paper argues that this comparison reveals another issue that is just as important: where and how should claims of need be registered in legal and political......Both courts of law and political theorists have grappled with the problem of giving the concept of ‘need’ a place in our reasoning about the rights and wrongs of property regimes. But in the UK, legal changes in the last 15 years have eroded the legal possibilities for striking some compromise...

  16. The defense of political prisoners in the early ‘70s: professional practice, law and politics

    Directory of Open Access Journals (Sweden)

    Mauricio Chama

    2010-12-01

    Full Text Available The work addresses the relationship between law and politics in the early 70s. More precisely aims to identify and reconstruct the main features that assumes the defense of political prisoners in this period. Rather than a specific work, means that the defense of political prisoners in those years represented a new configuration that was able to articulate a new association of legal professionals, renewed defense strategies, a vast and systematic effort of denunciation, a fluid network of lawyers national and a peculiar rhetoric aimed at the formation of a “new law”. Conceived in these terms, we believe that the defense of political prisoners in the early ‘70s redefined the conventional modes of understanding the relationship between professional practice, law and politics, encouraging the emergence of a new model of counsel in the public sphere.

  17. Analysis of the PPBE Process in the Current Dynamic Political Environment

    Science.gov (United States)

    2008-06-01

    provides a comparative analysis using the Political, Economic , Socio- Cultural, Technological, Ecological and Legal ( PESTEL ) Analysis model of the...37 A. PESTEL ANALYSIS OF THE 1960/1970 ERA...44 B. PESTEL ANALYSIS OF THE POST 9/11 ENVIRONMENT..................45 1. Political

  18. Democratic Constraints and Adherence to the Classical Gold Standard

    NARCIS (Netherlands)

    Kramer, Bert S.; Milionis, Petros

    We study how domestic politics affected the decisions of countries to adhere to the classical gold standard. Using a variety of econometric techniques and controlling for a wide range of economic factors, we demonstrate that political constraints were important in the decision of countries to adopt

  19. Whither the legal control of nuclear energy?

    International Nuclear Information System (INIS)

    Riley, Peter

    1995-01-01

    International nuclear trade is governed by the regime of legal control of nuclear energy, nuclear materials, knowledge of nuclear processes and weapons. Nuclear trade is under pinned by international agreements concerning physical protection and safeguards, the control of nuclear weapons, the protection of nuclear materials from terrorist action and third part liability. The political and geographical boundary changes of the past two years have significantly altered the background against which this regime has developed. Such changes have affected nuclear trade. The paper summarised the legal control of nuclear energy between States, identifies the areas of change which may affect this regime and the consequences for international trade. Conclusions are drawn as to the development of the international legal control of nuclear energy. (author). 21 refs

  20. Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

    Science.gov (United States)

    Craigie, Jillian

    2015-01-01

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. PMID:25997381

  1. Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities.

    Science.gov (United States)

    Craigie, Jillian

    2015-01-01

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. Copyright © 2015. Published by Elsevier Ltd.

  2. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  3. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    Governments are particularly salient stakeholders for business ethics. They act on societal needs and social expectations, and have the political and legal powers to restrict or expand the economic freedoms of business as well as the legitimacy and often urgency to do so. We draw on two examples:...

  4. Legal culture formation of teenagers from dysfunctional families

    OpenAIRE

    Alisa Yu. Kolomiets

    2011-01-01

    When rendering help to dysfunctional families it is necessary that children gain skills to know modern life realities, understand laws and regularities of changes in Russia’s social, political and legal spheres and many other skills, necessary for successful socialization into surrounding society.

  5. Intermediacy between political control and institutional autonomy: A transformative approach

    Directory of Open Access Journals (Sweden)

    Nirmala Dorasamy

    2015-06-01

    Full Text Available The public sector is about providing services, managing resources efficiently and securing a return on investment. Producing results and managing performance depends on adaptation, flexibility and creativity. While one may argue for greater control to achieve performance indicators, this has to be underpinned by managerial control systems both internally and externally. Post NPM reforms have tried to respond to the problem of single purpose organisations that have distanced political control. While post NPM reforms tipped the scale toward more political control, it did not restore the balance between control and autonomy. In view of the NPM and post NPM reforms and the accompanying challenges, the paper argues that it is not possible to device a “one size fits all” response to these challenges. In trying to analyse the dilemma of balancing political control and institutional autonomy an institutional theoretical perspective is used by analysing structural and instrumental features (national political environment, cultural features (historical administrative traditions and external constraints (technical and institutional environments. It needs to be recognised that the aforementioned features have constraints. The structural and instrumental features specify the formal constraints on leaderships decisions. These constraints may give political leaders strong hierarchical control or may not give them much direction, but a lot of potential discretionary influence. The cultural features specify that public organisations develop informal norms and values which lead to a distinct institutional culture. While these informal norms and values are infused in formal structures and decision making, it may be inconsistent with the sub-culture, thereby giving it less systemic influence. The technical and institutional environment which focuses on efficiency production and internal culture may develop beliefs over time that cannot be ignored. Christensen

  6. Religion and Politics by Other Means

    Directory of Open Access Journals (Sweden)

    José Fernando Serrano Amaya

    2018-01-01

    Full Text Available The article discusses the 2016 debate over egalitarian adoption in Colombia in order to suggest that in the fields of gender and sexuality, religion and politics constitute the same flow of signifiers. That flow is dislocated, temporary, and unstable, since it depends on the dynamics of social conflicts and political transitions. Thus, the Colombian case can be interpreted as the emergence of a religious project in political terms, which secularizes its discourse in order to spiritualize society.  In turn, both the legal debate, with its appeal to State authority, and populism, with its longing to return to founding principles, are means for that emergence.

  7. Estructura del sistema legal del turismo en Venezuela | Structure of the legal system of tourism in Venezuela

    Directory of Open Access Journals (Sweden)

    Melania Navas Graterol

    2017-11-01

    Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.

  8. The common market for energy - constraints imposed by the laws of the European Communities

    International Nuclear Information System (INIS)

    Ipsen, K.

    1992-01-01

    Energy politics and environmental politics within the European Communities stand in an interdependent relationship that will increasingly manifest itself in the communal legal system, thus displacing the national legal systems of the EC member states. However, both these political fields bear numerous problems in the EC. The purpose of the paper is to delineate those concerning the sector of energy politics. It deals with the premises and the historical development of energy politics within the EC, the current energy-political position of the EC, the instruments provided by the communal laws for enforcing agreements and the ''Century Contract'' as an example showing the limits of these instruments. It appears that the ''Fourth Action Campaign for Environmental Protection'' of the EC merely addresses problematic issues instead of pointing out possible solutions. It thus becomes clear that in the near future the incorporation of ecopolitics into an EC energy policy will only make it more difficult to find a consensus. It is of existential importance that this task should be solved. (orig./HSCH) [de

  9. Legal Culture Viewed as a Factor of Civil Society Development in Russia

    Directory of Open Access Journals (Sweden)

    Ya V Zubova

    2010-12-01

    Full Text Available The article focuses on the civil society and its development in Russia in connection with the notion of legal culture. The legal culture is integral to people's social activities and it is inextricably intertwined into the system of social relations as a result of the regulatory control of the activity, the ranking and regulation of the public intercourse based on the law. The legal culture is uniquely positioned for exercising strong influence upon an individual since it involves competence, adherence and respect for the legal standards expressing the accumulated moral and political requirements of the society.

  10. Legal bases for the installation of nuclear power plants

    International Nuclear Information System (INIS)

    Faria, N.M. de

    1980-06-01

    The process of installation of nuclear power plants in the context of the Brazilian legal system is analysed. The structure of the political and administrative system related to the matter and the correspondent legislation are discussed. (A.L.) [pt

  11. European emissions trading and the international competitiveness of energy-intensive industries: a legal and political evaluation of possible supporting measures

    International Nuclear Information System (INIS)

    Asselt, H. van; Biermann, F.

    2007-01-01

    The EU Emissions Trading Directive is expected by European energy-intensive industries to harm their competitiveness vis-a-vis non-European competitors. Many additional measures have thus been proposed to 'level the playing field' and to protect the competitiveness of European energy-intensive industries within the larger effort of reducing Europe's greenhouse gas emissions and of meeting its obligations under the 1997 Kyoto Protocol. This article evaluates a range of proposed measures based on a set of political and legal criteria, including environmental effectiveness; the need to consider differentiated commitments, responsibilities and capabilities; conformity with world trade law and European Union law; and Europe's overall political interests. We discuss measures that could be adopted by the European Union and its member states, such as direct support for energy-intensive industries, restrictions of energy-intensive imports into the European Union through border cost adjustments, quotas or technical regulations, and cost reimbursement for affected developing countries. We also analyse measures available to multilateral institutions such as the United Nations Framework Convention on Climate Change and its Kyoto Protocol and the World Trade Organisation. We conclude with a classification of the discussed measures with red (unfeasible), yellow (potentially feasible) or green (feasible) labels. (author)

  12. European emissions trading and the international competitiveness of energy-intensive industries: a legal and political evaluation of possible supporting measures

    International Nuclear Information System (INIS)

    Asselt, Harro van; Biermann, Frank

    2007-01-01

    The EU Emissions Trading Directive is expected by European energy-intensive industries to harm their competitiveness vis-a-vis non-European competitors. Many additional measures have thus been proposed to 'level the playing field' and to protect the competitiveness of European energy-intensive industries within the larger effort of reducing Europe's greenhouse gas emissions and of meeting its obligations under the 1997 Kyoto Protocol. This article evaluates a range of proposed measures based on a set of political and legal criteria, including environmental effectiveness; the need to consider differentiated commitments, responsibilities and capabilities; conformity with world trade law and European Union law; and Europe's overall political interests. We discuss measures that could be adopted by the European Union and its member states, such as direct support for energy-intensive industries, restrictions of energy-intensive imports into the European Union through border cost adjustments, quotas or technical regulations, and cost reimbursement for affected developing countries. We also analyse measures available to multilateral institutions such as the United Nations Framework Convention on Climate Change and its Kyoto Protocol and the World Trade Organisation. We conclude with a classification of the discussed measures with red (unfeasible), yellow (potentially feasible) or green (feasible) labels

  13. The Political Party Phenomenon as the Major Underpinning and at Times a Conduit for the Demise of Democracy&Rechtstaat

    Directory of Open Access Journals (Sweden)

    Mik STRMECKI

    2007-06-01

    Full Text Available Political parties are torn between the Scylla of their over-incorporation into the State mechanism with the ensuing possible impairment of their independence from the State and the Charybdis of their under-regulation, resulting in legal and/or constitutional lacunae iuris leading to anomalies detrimental to the public interest in maintaining the survival of a viable parliamentarian democracy imbued with the principles of freedom, fairness, equality and the Rule of Law. In my article I presented a historical and comparative insight into the so-called Four-phase theory, spearheaded by Heinrich Triepel on the treatment of the political party phenomenon by the State, namely: oppression, ignorement, legalization and constitutionalisation. I also presented a survey of individual countries constitutional and legal approaches in regulating the political party phenomenon by citing definitions along with typical functions, which I then analyzed by discerning private ones from public ones. I then went on and gave an insight and description of the so-called syndrome of the political market quagmire and concluded my article by illuminating the problem of surveying legitimate legal grounds for banishment of political parties under German and Slovenian law.

  14. Does Political Ideology Affect Economic Growth?

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2005-01-01

    This paper asks the question whether political ideology affects economic growth. Voters may demand inefficient levels of redistribution and government intervention, and they may care too little for aspects that really matter for the economy. Their norms and perceptions of society might, via...... their political ideology, affect economic performance. The paper presents evidence suggesting that rightwing societies have grown faster in the last decades than other democratic societies. Further analysis suggests that these societies develop better legal systems and less government intervention, which in turn...

  15. Science communication as political communication

    Science.gov (United States)

    Scheufele, Dietram A.

    2014-01-01

    Scientific debates in modern societies often blur the lines between the science that is being debated and the political, moral, and legal implications that come with its societal applications. This manuscript traces the origins of this phenomenon to professional norms within the scientific discipline and to the nature and complexities of modern science and offers an expanded model of science communication that takes into account the political contexts in which science communication takes place. In a second step, it explores what we know from empirical work in political communication, public opinion research, and communication research about the dynamics that determine how issues are debated and attitudes are formed in political environments. Finally, it discusses how and why it will be increasingly important for science communicators to draw from these different literatures to ensure that the voice of the scientific community is heard in the broader societal debates surrounding science. PMID:25225389

  16. Science communication as political communication.

    Science.gov (United States)

    Scheufele, Dietram A

    2014-09-16

    Scientific debates in modern societies often blur the lines between the science that is being debated and the political, moral, and legal implications that come with its societal applications. This manuscript traces the origins of this phenomenon to professional norms within the scientific discipline and to the nature and complexities of modern science and offers an expanded model of science communication that takes into account the political contexts in which science communication takes place. In a second step, it explores what we know from empirical work in political communication, public opinion research, and communication research about the dynamics that determine how issues are debated and attitudes are formed in political environments. Finally, it discusses how and why it will be increasingly important for science communicators to draw from these different literatures to ensure that the voice of the scientific community is heard in the broader societal debates surrounding science.

  17. Legal culture formation of teenagers from dysfunctional families

    Directory of Open Access Journals (Sweden)

    Alisa Yu. Kolomiets

    2011-06-01

    Full Text Available When rendering help to dysfunctional families it is necessary that children gain skills to know modern life realities, understand laws and regularities of changes in Russia’s social, political and legal spheres and many other skills, necessary for successful socialization into surrounding society.

  18. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

    Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.

  19. Politics of climate change: a European perspective

    International Nuclear Information System (INIS)

    O'Riordan, T.; Jaeger, Jill

    1996-01-01

    The Politics of Climate Change provides a critical analysis of the political, moral and legal response to climate change, in the midst of various other closely connected socio-economic policy shifts. Evolving from original EC commissioned research, it examines how climate change was put on the policy agenda with the evolution of the United Nations Framework Convention and subsequent Conference of Parties, and considers the uncertainties of climate futures in the context of changing social and industrial policies. (Author)

  20. JOURNALISTIC COVERAGE OF POLITICAL AND FINANCIAL CRISES AND THE “ISSUE” OF POLITICAL CORRUPTION

    Directory of Open Access Journals (Sweden)

    Isabel Ferin Cunha

    2013-06-01

    Full Text Available This article analyzes the relationship between news coverage, political communication, crises and corruption, focusing on Western democracies and particularly Portugal. Firstly, political communication and news coverage are discussed, based on the assumption that the commoditisation of the goals of media and information companies has resulted in changes in the balance between the political and media fields. Within this perspective, attention is devoted to the consequences of these changes in Western democracies, taking into consideration not only certain aspects that tend to subvert underlying principles of representative democracy, but also the emergence of new social movements craving greater democratic participation in the public sphere. In addition, this study examines the concepts of crisis and political corruption, seeking to identify the historical and cultural elements that correlate the two phenomena in Western democracies, especially in Portugal. Finally, it addresses the processes of exposing corruption phenomena and their legal implications, as well as the principles of transparency of information and the consequences upon democracy.

  1. Journalistic coverage of political and financial crises and the “issue” of political corruption

    Directory of Open Access Journals (Sweden)

    Isabel Ferin Cunha

    2013-06-01

    Full Text Available This article analyzes the relationship between news coverage, political communication, crises and corruption, focusing on Western democracies and particularly Portugal. Firstly, political communication and news coverage are discussed, based on the assumption that the commoditisation of the goals of media and information companies has resulted in changes in the balance between the political and media fields. Within this perspective, attention is devoted to the consequences of these changes in Western democracies, taking into consideration not only certain aspects that tend to subvert underlying principles of representative democracy, but also the emergence of new social movements craving greater democratic participation in the public sphere. In addition, this study examines the concepts of crisis and political corruption, seeking to identify the historical and cultural elements that correlate the two phenomena in Western democracies, especially in Portugal. Finally, it addresses the processes of exposing corruption phenomena and their legal implications, as well as the principles of transparency of information and the consequences upon democracy.

  2. Taking evolution seriously in political science.

    Science.gov (United States)

    Lewis, Orion; Steinmo, Sven

    2010-09-01

    In this essay, we explore the epistemological and ontological assumptions that have been made to make political science "scientific." We show how political science has generally adopted an ontologically reductionist philosophy of science derived from Newtonian physics and mechanics. This mechanical framework has encountered problems and constraints on its explanatory power, because an emphasis on equilibrium analysis is ill-suited for the study of political change. We outline the primary differences between an evolutionary ontology of social science and the physics-based philosophy commonly employed. Finally, we show how evolutionary thinking adds insight into the study of political phenomena and research questions that are of central importance to the field, such as preference formation.

  3. Financing of Political Parties and Electoral Campaigns in Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    Farije ALIU

    2016-07-01

    Full Text Available Political party in the Republic of Macedonia began to operate after independence and the adoption of the Constitution in November 1991 and has since become an integral part of the political scene and the data from the Central Registry of the Republic of Macedonia registered political parties more than 50 political parties active in the current system. The electoral system in the country is set according to the proportional model where direct and free elections by secret ballot to elect members of Parliament and members of the municipal councils and the City of Skopje for four years, while according to the majority model is the selection of the President of the Republic for a term of five years and the election of mayors of municipalities and the City of Skopje for four years. The legal framework for the financing of political parties in the country is well developed. The main law governing the financing of political parties and their supervision law on financing of political parties and the amendments to the same law. The provisions contained in the law is comprehensive, addressing the financing of the regular activities of political parties and their supervision and demonstrate ensuring transparency and accountability in political financing and a ban on anonymous donations and donations from abroad and determine the rules for cap on private donations and prohibiting quid pro quo agreements. Some provisions relating to the financing of political parties included in the Law on Political Parties and certain provisions governing the various supervisory authorities, in particular the Law on Prevention of Corruption and the Law on State Audit footnote. The basic law that regulates elections is the Electoral Code. Under the provisions of the Electoral Code the political parties and election campaign organizers are required to submit financial reports to the authorities to ensure respect for the principles of transparency and accountability and are

  4. Culture and National Well-Being: Should Societies Emphasize Freedom or Constraint?

    Science.gov (United States)

    Harrington, Jesse R; Boski, Pawel; Gelfand, Michele J

    2015-01-01

    Throughout history and within numerous disciplines, there exists a perennial debate about how societies should best be organized. Should they emphasize individual freedom and autonomy or security and constraint? Contrary to proponents who tout the benefits of one over the other, we demonstrate across 32 nations that both freedom and constraint exhibit a curvilinear relationship with many indicators of societal well-being. Relative to moderate nations, very permissive and very constrained nations exhibit worse psychosocial outcomes (lower happiness, greater dysthymia, higher suicide rates), worse health outcomes (lower life expectancy, greater mortality rates from cardiovascular disease and diabetes) and poorer economic and political outcomes (lower gross domestic product per capita, greater risk for political instability). This supports the notion that a balance between freedom and constraint results in the best national outcomes. Accordingly, it is time to shift the debate away from either constraint or freedom and focus on both in moderation.

  5. Political Science, The Judicial Process, and A Legal Education

    Science.gov (United States)

    Funston, Richard

    1975-01-01

    Application of the behavioral approach to the study of the judicial process is examined including methodological approaches used, typical findings, and "behavioralists'" rejection of the case method of studying law. The author concludes that the behavioral approach to the study of judicial politics has not been substantially productive. (JT)

  6. Fair Biodiversity Politics With and Beyond Rawls

    Directory of Open Access Journals (Sweden)

    John Bernhard Kleba

    2013-09-01

    Full Text Available The access and benefit-sharing regime (ABS of the Convention on Biological Diversity has been criticised for focusing on entitlements and asset exchanges. In this regard, the Nagoya Protocol provides little advance. This work introduces new paths of research and reasoning debating the tensions between the Rawlsian concept of justice and the realm of ABS. A new original position to debate fair biodiversity politics would include the concepts of justice of non-Western cultures. Taking the case of indigenous and traditional peoples, the issue of cultural minority rights is raised, challenging the institutionalisation of legal pluralism and political recognition. Against Bell, and with and beyond Rawls, arguments are provided favouring an environmental constitutionalism. The least advantaged concept shifts from an economical focus towards realising citizenship and applied to the ABS regime. Concerning the destination of benefits in ABS agreements, I advocate a complement between entitlements and the systemic aims of the Convention, prioritising the latter. Finally, controversies about the equity of benefit sharing are examined. Whereas the difference principle is helpful in tackling the economical and political asymmetries in ABS negotiations, it leaves core questions open. The Nagoya Protocol has advanced in providing legal tools to realise citizenship. However, political justice demands more. Concerns to benefit the least advantaged should be included in policy, bioprospecting project design and ABS contracts.

  7. Scholars as Policy Actors: Research, Public Discourse, and the Zone of Judicial Constraints

    Science.gov (United States)

    Welner, Kevin G.

    2012-01-01

    Courts, students are told, will protect minorities' legal rights against popular sentiment and political pressure. But courts can be expected to protect rights only within boundaries shaped in part by popular and political opinion. This suggests that litigation outcomes regarding education rights issues will depend on shifting the policymaking…

  8. Tobacco Industry Political Power and Influence in Florida From 1979 to 1999

    OpenAIRE

    Givel, Michael S. Ph.D.; Glantz, Stanton A. Ph.D.

    1999-01-01

    The tobacco industry is a major political and legal force in Florida through campaign contributions, public relations efforts, lobbying and litigation, which at least from the late 1970s, has had a centralized political organization in Florida that defends and promotes its political and economic interests at the local and state levels of government. Although the industry has operated in the open in some political campaigns, it has also operated quietly behind the scenes, often through front g...

  9. Legality, legitimacy and formal and informal decision-making processes: when does a decision become legitimate?

    International Nuclear Information System (INIS)

    Zwetkoff, C.

    2004-01-01

    A few words on the purpose of this paper are given by way of introduction. A brief analysis will be made of the relationship between legality and legitimacy in relation to decision-making processes and within the context of the policies concerning the public management of technological risks. The aim is to raise questions and outline some reflections based on the theory of the state, from the perspective of the conditions of the institutionalization of power. I shall first clarify a few conceptual points. The notion of legality refers to the notion of compliance with legal standards, that is to say, with the law. Is the decision made by a person empowered by law so do to (legal competence)? Is it taken in compliance with legal procedure? And are the effects implicitly in keeping with the spirit of the law? The legitimacy of the power of those who govern, or the legitimacy of their decisions, is not determined solely by legal standards but rather, is a matter of individual and social representation or view. As Hobbes says, in essence, to govern is to convince: to convince people of the rightfulness of the source of the power of those who govern and of the action or public policies that they formulate. The paper is organised around three propositions: 1. The role of the legitimacy or social acceptability of public policies has always been an element of the way all political systems function. This role, however, occupies an increasingly important place on the political agenda in a societal decision-making context that has undergone irreversible changes. 2. Although the essence of the social legitimacy of public policies remains the same, the conditions, mechanisms and criteria evolve. 3. The critical centrality of social legitimacy, together with the evolution of the criteria for legitimate decision, today modify the decision-making mechanisms that were established in response to the requirements of classical democracy. We observe a political organisation i n the

  10. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

    Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

    2015-01-01

    Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

  11. The Labor Supply and Tax Revenue Consequences of Federal Same-Sex Marriage Legalization

    OpenAIRE

    Stevenson, Adam

    2012-01-01

    The issue of same-sex marriage legalization is increasingly part of the national political dialogue. This legalization would have a number of economic impacts, one of the most direct being a change in income tax payments, through the so-called marriage penalty. I estimate the effects of same-sex marriage legalization on federal income tax revenue. These estimates rely critically on the responsiveness of labor supply and marital choice to changes in the tax code. I present new evidence on both...

  12. Renewable Energy Prices in State-Level Feed-in Tariffs. Federal Law Constraints and Possible Solutions

    Energy Technology Data Exchange (ETDEWEB)

    Hempling, Scott [National Regulatory Research Inst., Silver Spring, MD (United States); Elefant, Carolyn [Law Offices of Carolyn Elefant, Washington, DC (United States); Cory, Karlynn [National Renewable Energy Lab. (NREL), Golden, CO (United States); Porter, Kevin [Exeter Associates, Inc., Golden, CO (United States)

    2010-01-01

    This report details how state feed-in tariff (FIT) programs can be legally implemented and how they can comply with federal requirements. The report describes the federal constraints on FIT programs and identifies legal methods that are free of those constrains.

  13. Human rights for more than one voice: rethinking political space beyond the global/local divide

    Directory of Open Access Journals (Sweden)

    Rebecca Adami

    2014-12-01

    Full Text Available This paper considers political agency and space as found in Cavarero's For More Than One Voice: Toward a Philosophy of Vocal Expression in order to take a critical philosophical approach to human rights education (HRE and the political implications of its increasingly legal discourse. Like Arendt, Cavarero is concerned with a radical rethinking of political space, as not limited to place or legal borders, but bound by our human condition of plurality and relationality. Both Arendt and Cavarero want politics to be coupled with justice, nevertheless, Cavarero provides a notion of politics that lets us think beyond territorial terms of a polis, which opens for exploring an expanded conceptualization of human rights politics, as not bound by national legislative measures, but as concerning political action in-between human beings. In contrast to the dominant discourse on ‘human rights experts’ who frame the content for HRE, the notion of ‘absolute local space’ questions the dichotomy of universal/particular in raising the importance of a plurality of unique voices who create a spectrum for the universality of rights.

  14. International Criminal Justice and the Politics of Compliance

    NARCIS (Netherlands)

    Lamont, Christopher

    2010-01-01

    International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice

  15. Culture and National Well-Being: Should Societies Emphasize Freedom or Constraint?

    Directory of Open Access Journals (Sweden)

    Jesse R Harrington

    Full Text Available Throughout history and within numerous disciplines, there exists a perennial debate about how societies should best be organized. Should they emphasize individual freedom and autonomy or security and constraint? Contrary to proponents who tout the benefits of one over the other, we demonstrate across 32 nations that both freedom and constraint exhibit a curvilinear relationship with many indicators of societal well-being. Relative to moderate nations, very permissive and very constrained nations exhibit worse psychosocial outcomes (lower happiness, greater dysthymia, higher suicide rates, worse health outcomes (lower life expectancy, greater mortality rates from cardiovascular disease and diabetes and poorer economic and political outcomes (lower gross domestic product per capita, greater risk for political instability. This supports the notion that a balance between freedom and constraint results in the best national outcomes. Accordingly, it is time to shift the debate away from either constraint or freedom and focus on both in moderation.

  16. The choices judges make - Court rulings, personal values, and legal constraints

    NARCIS (Netherlands)

    van Hees, M.V.B.P.M; Steunenberg, B.

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  17. The Choices Judges Make: Court Rulings, Personal Values, and Legal Constraints

    NARCIS (Netherlands)

    Van Hees, Martin; Steunenberg, Bernard

    2000-01-01

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  18. Environment protection and energy politics

    International Nuclear Information System (INIS)

    Grawe, J.

    1993-01-01

    The lecture first deals with the aims and legal basis in German and European law of environment protection with regard to energy politics. It then goes to deal with European regulations for environment protection and their effects on the energy supply: Air pollution abatement, tax for the protection of the climate, internalisation of external costs. The following European energy-political measures impinge on environment protection: Sponsored projects, least-cost planning, third-party access to the public electricity supply. The discrepancy between European and national policies can be lessened or resolved by the following means: Harmonisation, subsidiarity principle, and scope for entrepreneurial solutions. (orig.) [de

  19. The legal status of nuclear power in Germany

    International Nuclear Information System (INIS)

    Mann, Thomas

    2014-01-01

    Over the past 15 years, political attitudes in Germany towards the nuclear industry have been characterised less by consistency than by some major policy shifts, and the same can be said for the legislation born of these attitudes. Although a number of these about-turns were predictable, others were less so because of their dependence on external factors. What now looks likely to be the final decision to phase out the civil use of nuclear power in Germany by 31 December 2022 raises a whole host of legal questions. In particular, the procedure followed to implement this phase-out provides ample material for debates on questions of constitutionality. Further matters of jurisprudential interest include the agreements concluded with the nuclear industry before the final phase-out decision was taken and the chronologically close political about-faces themselves. Finally, a degree of legal uncertainty still surrounds not only the as yet still unresolved issue of final repositories but also the resurgent debate over the source of funding for the dismantling of nuclear power plants. After providing an overview of the initial situation and the problems arising in connection with Germany's phasing out of the civil use of nuclear energy, this paper will place these issues in their proper legal context before evaluating them and highlighting the connection between these points of nuclear law and the current upheaval in German energy policy. (author)

  20. Energy strategy in Europe: The legal framework

    International Nuclear Information System (INIS)

    Daintith, T.; Hancher, L.

    1986-01-01

    This book is a product of collaboration on the theme of legal implementation of economic policy in Europe. The general concern of the project with the way in which economic policies are translated into law, and with the dual role of law as both instrument of, and constraint upon, policy is here focussed on the field of energy policy in the Community and, in particular, on the new energy strategy of the Commission and the legal context in which it must operate. The book has the following chapters: Legal perspective on energy policy; The Community's record in the energy sector; National energy objectives; Legal structuring of national energy, industries and markets; National energy policies; The operation of basic Common Market principles in the energy sector; The Community energy strategy - an evaluation. Four appendices show: The development of an energy strategy for the Community; Community communications, proposals and measures 1979-1983; National plans and policy statements; Colloquium on implementation of energy policy in the EEC, held in Florence 1982. (orig./HSCH)

  1. Political stability in conditions of overtaking modernisation: challenges and reference points

    Directory of Open Access Journals (Sweden)

    M. K. Mantashyan

    2017-07-01

    To sum up, compensatory mechanisms of the political stability in conditions of the ongoing modernization should accelerate the development of civil society within the absence of a stable and adaptive political community. Challenges to political stability should be compensated by creativity and optimality of the authorities’ activities. Prospects for further consideration of problems, being raised in this paper, are as following: to determine the socio-cultural constraints of the institutional adaptability of the political system.

  2. Legal, historical and political aspects of lobbying in Serbia and the neighbouring countries

    Directory of Open Access Journals (Sweden)

    Ranđelović Nebojša

    2014-01-01

    Full Text Available Lobbying is a legitimate and necessary political instrument in a democratic society. Politics is no longer a process which can be directed (in hierarchical structure] only by politicians elected to sit in Parliament or in Government. Nowadays, politics has largely become reliant on political counseling and external consultants (lobbyists] in different areas of social life (economy, science, etc.]. In many developed democracies, lobbying has been institutionalized through the adoption of relevant legislation. In transition countries, in order to lay grounds for the prospective action, it would be necessary (first of all] to prepare the society for the process of introducing the concept of lobbying into the legislative framework. In that context, this initial stage may include devising a straightforward and well-prepared public relations strategy which would justify its introduction and most transparently provide for its institutionalization.

  3. The Legal Position of Migrants in Denmark: Assessing the Context around the "Cartoon Crisis"

    DEFF Research Database (Denmark)

    Adamo, Silvia

    2007-01-01

    Abstract What can we infer from the legal status of migrants living in Denmark? This article argues that understanding recent developments in Danish immigration law is essential for comprehending contemporary political tensions in this policy area, including notably the cartoon incident. The anal......Abstract What can we infer from the legal status of migrants living in Denmark? This article argues that understanding recent developments in Danish immigration law is essential for comprehending contemporary political tensions in this policy area, including notably the cartoon incident....... The analysis offered focuses on general principles and practical notions of Danish immigration and refugee law, integration policies and regulations in light of international legal obligations, rules on family reunification, and the growing importance of citizenship status and anti-terrorism measures. Keywords...... Rights of migrants - Immigration Law - Citizenship Law - Integration policies - Denmark...

  4. WOMEN’S RIGHTS IN THE POLITICAL SPHERE- MACEDONIAN AND INTERNATIONAL EXPERIENCE

    Directory of Open Access Journals (Sweden)

    Dana Nikolov

    2015-10-01

    Full Text Available Gender equality is a key issue that concernsall government entities in the world and the extent of its legal regulation depends on the inclusion of women in the political sphere of a state. Early women's rights movement dates back to the 1830s when women began speaking publicly against slavery. Since then, the performance by women on the legal and political scene is in continuous progression, but it is not sufficient. Currently the country with the largest number of women in political office is Rwanda, holding the world record with 64% representation. Other countries where women's inclusion in politics is high are the Scandinavian countries, led by Sweden. Contrary to the positive tendency in these two countries concerning this issue, there are those which are first inthe non-participationof women in the political sphere, like Ukraine with 10%, Lebanon and Iran 3% and 0.3% in Yemen. When it comes to gender equality in the Republic of Macedonia, equal opportunities for women and men are guaranteed mainly by the Constitution of the Republic of Macedonia as the highest legal act, but also by a large number of laws that prohibit discrimination based on gender. The participation of women in the parliament of Macedonia for the last parliamentary term (2011- 2014 was 34.14%. Raising concern is the women’s under-representation in the executive branch, and the Republic of Macedonia cannot claim to have any significant involvement of women in the diplomatic sphere either. Nevertheless, the efforts for a step closer towards increasing women's participation in the decision-making process will not cease.

  5. European Union: Gender and politics

    Directory of Open Access Journals (Sweden)

    Žunić Natalija

    2014-01-01

    to provide for an adequate representation of women's needs and interests. The legal standards on political equality of men and women have been incorporated into the international and regional legal frameworks. Yet, the international conventions, declarations, optional protocols, strategies, action plans and recommendations for policy-makers at different levels have not generated a significant change in the general attitude to political equality of men and women. Why is it so? Women are underrepresented whenever the number of women in the elected bodies of authority is unproportional to the total number of women in the general population; such exclusion of women from politics is unjust because it diminishes the quality of political debate and undermines the essence of democratic legitimacy. For the past ten years, the academic community has been involved in a debate on different aspects of women's political representation. Within the framework of feminist research on gender, politics and state, the discussions have focused on the following issues: what are the benefits of increasing the number of women in politics; will the increase of female MPs in parliament change the nature of politics (given that it may be a chance to articulate women's perspective and discuss women's problems and interests; do women MPs make a difference in political life (and, if so, in what circumstances; and what kind of changes may be expected from their participation in politics? Most discussions have focused on establishing and analyzing the mutual relations between the descriptive and substantive women's representation in politics, primarily concerning the issue whether the increase in the number of female MPs contributes to increasing their interest in representing women's political interests. The quota system, which has been applied in the EU counties as a response to the problem of women's underrepresentation in politics, and the introduction of women's policy agencies (aimed at

  6. Colour revolutions: criminal-legal aspect

    Directory of Open Access Journals (Sweden)

    Sergey Alekseyevich Gordeychik

    2015-03-01

    Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

  7. Comparing Critical Capitalist Commodity Chains in the Early Twenty-first Century: Opportunities For and Constraints on Labor and Political Movements

    Directory of Open Access Journals (Sweden)

    Elizabeth Sowers

    2015-08-01

    Full Text Available There have been a number of critical historical opportunities for labor to exert power by interrupting long distance flows of commodities at the extraction, processing, and transport stages. This vulnerability has been used by workers in these industries to gain higher wages and better working conditions and to achieve political goals in national and international arenas. In this paper, we compare two commodity chains that are critical components of the global economy. The first, which we describe as transport, is a broad category involving a range of manufactured goods, whose delivery to customers around the world was fundamentally changed in the past fifty years via "containerization" and "the logistics revolution." The second is oil and gas, which also has experienced recently dramatic changes in both extraction (via "tar sands" and "[racking" and transportation. In each case, we discuss possibilities and challenges for labor and political organizing to disrupt capital in these key commodity chains. We identify the "stakes" in each commodity chain by demonstrating the vulnerabilities on which labor and political organizations/movements could capitalize, which usually stem from the capital intensity and global integration of each critical commodity chain. These vulnerabilities are the factors which form the most basic opportunities for organizing in these sectors. Our analysis further suggests that while transport and raw materials remain vulnerable nodes in capitalist commodity chains, there are also constraints and challenges to be faced by labor and social movement organizations (SMOs that might attempt to leverage power over these circuits of the world-economy.

  8. Women's political participation leads to stronger local economies ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Edgard Rodriguez - IDRC. Women attend a self-help group meeting near Hyderabad, India. Keenara Khanderia. Under changes to India's constitution, Indian women are gaining a stronger political voice. Legal reforms are encouraging women to contribute to economic growth and investments in community growth.

  9. [THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

    Science.gov (United States)

    Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

    2018-04-01

    Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

  10. Politics-business interaction paths

    OpenAIRE

    Belloc, Marianna; Pagano, Ugo

    2009-01-01

    Most pre-crisis explanations of the various corporate governance systems have considered the separation between ownership and control to be an advantage of the Anglo-American economies. They have also attributed the failure of other countries to achieve these efficient arrangements to their different legal and/or electoral systems. In this paper we compare this view with the co-evolution approach based on the hypothesis that politics and corporate governance influence each other, generating c...

  11. Custom: The Development and Use of a Legal Concept in the Middle Ages

    DEFF Research Database (Denmark)

    This volume, the fifth in the series, contains the proceedings from the conference Custom. The Development and Use of a Legal Concept in the Middle Ages held at the Law School at the University of Aarhus in May 2008. The volume covers topics from local case studies and studies of learned law...... to broader reflections on the development and use of the legal concept consuetudo and its connection with other sources of law, with the balance between local and regional power structures, and secular and ecclesiastical societies in medieval Europe. Combining the approaches of several historical disciplines...... - political, social, intellectual, and legal -international eminent scholars offer their views on central aspects of the function of legal customs and of the development of one of the most debated concepts in legal historiography of the last century. Students and scholars of European legal history and legal...

  12. The power of law : Spinoza’s contribution to legal theory

    NARCIS (Netherlands)

    Gribnau, J.L.M.

    1995-01-01

    Spinoza’s legal theoretical ideas are based on psychological and sociological regularities in human behaviour of knowledge. His naturalistic and descriptive approach of the relationship between law and power shows that the exercise of state power on that basis - within the constitutional constraints

  13. Feminization of Romanian Politics – A Desideratum?

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2015-12-01

    Full Text Available Women’s battle for political rights was fierce and it has taken place for the past two centuries. Despite the efforts made by the feminist movements and even by politicians, the battle towards an effective exercise of these rights continues. Although the representation of women in politics is a complex topic, delicate and comprehensive, in our research we only focused on an analysis of European and national parliamentary elections that took place over the 25 years of post-revolutionary elections. The evolution of women’s representation in the two legislative bodies (the national one and the European one showed us that the steps that have been made are still very few, manifesting themselves more as intentions rather than as a political and legal reality. The causes are multiple, solutions exist, nevertheless political will is what is required. And how to transform political will into an increased representation of women in politics, since still men are those who express themselves (as they form a majority in decision-making forums?

  14. Specifics of horizontal and vertical relations in Ukrainian political communication on the background of the party building’s process, political science theory and requirements to Ukrainian political context

    Directory of Open Access Journals (Sweden)

    K. Y. Odarchenko

    2016-10-01

    Full Text Available The specifics of horizontal and vertical relations in Ukrainian political communication on the background of the party building’s process has been analysed. Aims of this article are: 1 determination of the subjectivity of political communication; 2 disclosure of the main features of internal politics and communications; 3 setting the essential features of the political parties’ status after peaceful protests in Ukraine 2013-2014 year; 4 explanation of the actual gap that has horizontal and party political communication in Ukraine. Political modernization, capacity of Ukrainian political parties has been characterized. It has been shown that Maidan didn’t influenced tools of creating political parties and their typology greatly. Maidan as a political component was weak and did not respond to the challenges, which Ukrainian political system faced to. The weakness was in the fact that leaders of the oppositional political camp would rather keep old then implement real political change of the political system , which was adapted by the old oliharcial clan. Public sector was not able to identify their environment with new political leaders, nor with a mass movement, based on the creation of new organized political force. It has been found that in a democratic society communication is effective only if it is not only technically modern, interactive, two-way, but if it is consistent to other democratic demands, such as legal and moral control of society over the media, maintenance of basic pluralism, direct contact between senders and recipients of information, feeds decentralization, respect of freedom of expression and privat opinion. Summary of the political communication in Ukraine has to move away from thinking of policy and bureaucratic political consciousness. Otherwise, the simulation is effective and efficient for countries and regions where political communication can become a daily political farce communication in public space.

  15. The Law, Policy, and Politics of Formal Hypnosis in the Public Community College Classroom.

    Science.gov (United States)

    Sachs, Steven Mark

    Information from printed sources, legal documents, and interviews with community college administrators formed the basis of an investigation of the legal, policy, and political implications of the use of formal hypnosis as an instructional augmentation in the community college classroom. Study findings included the following: (1) no formal policy…

  16. The Humanistic Imperative in African Politics | Agbude | African ...

    African Journals Online (AJOL)

    factionalism, political 'godfatherism', tribalism, ethnicity, social injustice, lack of respect for both procedural and legal justice, religious squabbles, poverty, hunger, poor maintenance culture, insecurity of life and property and etc. The Machiavellian style of leadership has further deepened the. African states into retrogression ...

  17. Misconceptions and constraints

    International Nuclear Information System (INIS)

    Whitten, M.; Mahon, R.

    2005-01-01

    In theory, the sterile insect technique (SIT) is applicable to a wide variety of invertebrate pests. However, in practice, the approach has been successfully applied to only a few major pests. Chapters in this volume address possible reasons for this discrepancy, e.g. Klassen, Lance and McInnis, and Robinson and Hendrichs. The shortfall between theory and practice is partly due to the persistence of some common misconceptions, but it is mainly due to one constraint, or a combination of constraints, that are biological, financial, social or political in nature. This chapter's goal is to dispel some major misconceptions, and view the constraints as challenges to overcome, seeing them as opportunities to exploit. Some of the common misconceptions include: (1) released insects retain residual radiation, (2) females must be monogamous, (3) released males must be fully sterile, (4) eradication is the only goal, (5) the SIT is too sophisticated for developing countries, and (6) the SIT is not a component of an area-wide integrated pest management (AW-IPM) strategy. The more obvious constraints are the perceived high costs of the SIT, and the low competitiveness of released sterile males. The perceived high up-front costs of the SIT, their visibility, and the lack of private investment (compared with alternative suppression measures) emerge as serious constraints. Failure to appreciate the true nature of genetic approaches, such as the SIT, may pose a significant constraint to the wider adoption of the SIT and other genetically-based tactics, e.g. transgenic genetically modified organisms (GMOs). Lack of support for the necessary underpinning strategic research also appears to be an important constraint. Hence the case for extensive strategic research in ecology, population dynamics, genetics, and insect behaviour and nutrition is a compelling one. Raising the competitiveness of released sterile males remains the major research objective of the SIT. (author)

  18. Legal and legal-ethical aspects of risk assessment

    International Nuclear Information System (INIS)

    Seiler, H.

    1991-01-01

    The article examines why human beings accept risks. An assessment of risk is always carried out in connection with the benefits to be had from an action which is a potential risk. Decisions on the acceptability of risks are the consequence of political assessments. An assessment of risk on a legal basis is only possible to a limited degree. What is important are the criteria according to which the acceptability of risks is determined. In this context, the concept of damage proves itself to be of central importance; this concept includes the question as to the degree to which such damage can be tolerated socially and politically, the question of future damage as well as the degree to which such damage is reversible. It would be ideal if those persons who are affected by potential damage were to be the ones to make such decisions, but this is extremely difficult to put into practice. Special care must be taken in regard to decisions which have repercussions for future generations or for the state of nature. In this case, the decision which those persons who are potentially affected would most probably make must be anticipated and taken into account as if they were here to participate in the decision-making process. (orig./HSCH) [de

  19. Gender, religion and democratic politics in India.

    Science.gov (United States)

    Hasan, Zoya

    2010-01-01

    This article examines the impact of identity politics on gender equality. More specifically it explores the paradoxical and complex relationship of religion and politics in a multi-religious society and the complicated ways in which women's activism has both reinforced and challenged their gender identities. Contrary to the argument that religious politics does not always negate gender equality, the article argues that the Hindu religious politics and women's activism associated with it provides a compelling example of the instrumentalisation of women to accomplish the political goals of the Hindu right. It also examines the approach and strategies of influential political parties, women's organisations and Muslim women's groups towards legal reform and the contested issue of a uniform civil code. Against those who argue that, in the current communal conjuncture, reform within Muslim personal laws or Islamic feminism is the best strategy for enhancing the scope of Muslim women's rights, the article argues that such an approach tends to freeze identities within religious boundaries. It shows how women's and minority rights are used within the politics of religion to sideline the agenda of women's rights.

  20. Legal and Institutional Foundations of Adaptive Environmental ...

    Science.gov (United States)

    Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m

  1. Incorporation of Islamic Institutions into Political Structure of the Golden Horde and post-Golden Horde States »

    Directory of Open Access Journals (Sweden)

    Roman Pochekaev

    2016-01-01

    Full Text Available The article is dedicated to basic directions and mechanisms of incorporation of Islamic administrative and legal institutions into the Jochid Ulus. As this state included regions with well developed Islamic traditions, individual manifestations of influence of Islam on political and legal realities of the Golden Horde took place since the first stage of existing of this state. However, only after official conversion of the Jochid ulus to Islam during the reign of Uzbek Khan (in the 1320s Islamic political and juridical institutions became an integral part of state and legal structure of the Golden Horde. Their role substantially increased in the time of crisis of imperial state and legal system after disintegration of the Mongol Empire and then of its successors, the Chinggisid states. Influence of Islamic institutions on political and legal relations of the Golden Horde and post-Golden Horde states became apparent in different aspects. At first, it was participation of representatives of Islamic administration in executive power including tax collection: such functions of them are confirmed by yarliks of khans of the Golden Horde, as well as of the Crimean and Kazan khanates. Secondly, Islamic judges, the qadis were integrated into court system of the Golden Horde and later, within the post-Golden Horde states, they even ousted imperial judges, the jarguchis. Third, powerful representatives of Islamic clergy became participants of qurultays, where the khans were elected, and the ceremony of enthronement was supplemented by the oath of a new khan on Koran under their influence. At last, Islamic clergymen participated actively in diplomatic activity of the post-Golden Horde states and acted as mediators between rivals who pretended for the throne in the Jochid states. No doubts, the rise of influence of Islam and Islamic clergy in political and legal life of the later Golden Horde and post-Golden Horde states could be explained, from one side, by

  2. Legal issues confronting the occupational physician.

    Science.gov (United States)

    Lewis, Kenneth S; Kleper, Ann-Louise

    2002-01-01

    Occupational physicians are frequently participants in a legal arena in which the interests of the patient are in conflict with those of the patient's employer. What is best for the patient may be viewed as financially burdensome or damaging to the employer. Pressures may be brought to bear upon the doctor, who is also concerned with furthering business relationships with the employer, to take action that is inimical to the patient's well-being. This article addresses legal liability and ethical responsibility in three situations: (1) when limitations or constraints are placed upon the physician's professional judgment in treating the patient; (2) when demands are made upon the physician to release medical information regarding a patient; and (3) when the physician is asked to perform a medical evaluation for purposes of litigation.

  3. A Matter of Politics: The Effects of the Political Context on Social Work in Norway and Bolivia

    Directory of Open Access Journals (Sweden)

    Svein Tuastad

    2017-04-01

    Full Text Available To which extent do dysfunctional political systems lead to everyday challenges for social workers? Moreover, how do social workers benefit from working in well-ordered democracies?  The purpose of this paper is to gain insights into how the interplay between the political context and social work actually operates. Our main question is: How do accountability and state capacity levels affect daily social work? This interplay frequently becomes associated with levels of democracy and redistribution. We also draw attention to how social workers’ are dependent on the capacity of the state to implement policies. We compare social work and the political and legal contexts in two widely different polities – Norway and Bolivia. Our primary findings indicate that the effects of generally unfavourable political conditions permeate the possibilities for effective social work in previously unforeseen ways. Coordination problems, clientelism and political rivalry lead to everyday challenges on the ground, as many problems seem to reflect the overall institutional system and political culture. In well-ordered political systems, these problems are hardly an issue. In our concluding discussion, we address how the nature of the institutional system and political culture apparently might call for a differentiated approach towards reform strategies. For instance, progressive politicians, citizens and social workers advocating a policy transfer could face severe hindrances in polities, thus comprising weak state capacities.

  4. Roots of political corruption in ancient history

    Directory of Open Access Journals (Sweden)

    Deretić Nataša Lj.

    2016-01-01

    Full Text Available Corruption has always been regarded as a special form of enrichment, based on prohibited and unethical grounds. Hence 'political corruption' could be defined as the immorality of the powerful; as the use of political power for the purpose of getting rich without any legal basis. Immorality of the powerful is the root of all the abuses that occur in the society. Those who are at the top of the pyramid of power have been particularly prominent in acquiring as large a fortune as possible. The phenomenon of 'political corruption' has been known in all societies, from the oldest to modern ones. In the ancient civilization of Mesopotamia, there was an established custom of reciprocity between deliberate gifts and requested services. This phenomenon could be observed with Pericles, who is, among other things, attributed the idea of compensation for participation in state affairs. The phenomenon of 'political corruption' is referred to in Cicero's Rome, where bribery as a form of wealth acquisition without legal basis was formally condemned, but also widespread. Even today we can see that there are powerful persons who persist in the violation or circumvention of rules which guide any structured society: their wealth originates from the enormous acquisition of material things, but also the acquisition of various privileges which they are not entitled to, such as titles, promotions, etc. They are the ones who have brought about the demise of the Latin sentence that the basis of any developed society is: 'To live an honest life, hurt no one, and grant everyone their due.'.

  5. The Process of Legal Drafting Regulation in the Development of the Nuclear Power Plant in Indonesia

    OpenAIRE

    Mardha, Amil

    2009-01-01

    THE PROCESS OF LEGAL DRAFTING REGULATION IN THE DEVELOPMENT OF THE NUCLEAR POWER PLANT IN INDONESIA. In Indonesia, the process of legal drafting to establish the regulation is based on the Act No. 10 Year 2004 on the Establishment of Legislation. The process shall comply with the constitutional and institutional requirements of national political and legal system. In drafting the development of the regulation of nuclear energy, BAPETEN has been involving some other agencies or other related g...

  6. The War in Afghanistan: A Legal Analysis

    Science.gov (United States)

    2009-01-01

    parts of the legal environment. Al Qaeda’ s agents and franchisees often operate across political boundaries and may be independent of or have only...with illicit drug money and benefitting from either indifferent or actively sympathetic elements in some contiguous States, rein- forced its control...occupation forces failed in their attempts to pacify the country. A major reason for this failure was that the mujahedin benefitted from US weapons and

  7. Sustainable development for mineral and energy industries (from a legal pont of view)

    International Nuclear Information System (INIS)

    Frenz, W.

    2000-01-01

    The principle of sustainable development has become a central idea of environmental law. The idea has been around in legal discussion and political declarations for some time. Now, the principle has been legally fixated. This leads to serious consequences for the legal framework in which mineral and energy industries operate. The concept of sustainable development emerged towards the end of the 70s. It has been incorporated into political declarations, first of all, into the Brundtland report from 1987, later into the Rio Declaration on Environment and Development and into Agenda 21 from 1992. According to these documents the needs of future generations must be safeguarded. Furthermore, ecological, economic and social interests must be reconciled. Significantly, the principle could demand from mineral and energy industries to limit the extraction of non-renewable resources. This could imply new restrictions for the mining and energy industrial sector. The following presents ideas which have been developed in connection with Collaborative Research Center 525 'A Resource-Orientated Analysis of the Material Flow of Metallic Raw Materials'. 8 refs

  8. Constraints on Large-Block Shareholders

    OpenAIRE

    Clifford G. Holderness; Dennis P. Sheehan

    1998-01-01

    Corporate managers who own a majority of the common stock in their company or who represent another firm owning such an interest appear to be less constrained than managers of diffusely held firms, yet their power to harm minority shareholders must be circumscribed by some organizational or legal arrangements. Empirical investigations reveal that boards of directors in majority-owned firms are little different from firms with diffuse stock ownership. Another source of constraints on a majorit...

  9. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

    Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

  10. Navigating the Legal Horizon: Lawyering the MH17 Disaster

    Directory of Open Access Journals (Sweden)

    Marieke de Hoon

    2017-04-01

    Full Text Available On 17 July 2014, Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors. Since, victims’ relatives, States, and the wider public are trying to understand what happened, how it could happen, who is responsible, and how to address these responsibilities. The efforts to find justice have faced many complications and legal complexities. This article aims to provide insight into these legal and political complexities. In particular, it discusses the core legal questions of the criminal accountability of the perpetrators and the State responsibility of those States involved —Ukraine and Russia— through the legal doctrines of public international law and the European Convention on Human Rights. It further offers some core considerations relating to civil liability of States and airline carriers. In addition to providing insight into why the road to justice is long and arduous, the legal options available, and the specific challenges of each, the article also emphasises that having a legal option does not necessarily mean that it is also the best choice to use it. That choice is up to victims’ relatives and the States concerned. The article takes no position in this regard. Instead, it seeks to provide an analysis that may contribute to making such decisions in an informed manner.

  11. The Role of Competition in Support of Socio-Political Stability and Suppression of Corruption

    Directory of Open Access Journals (Sweden)

    Юлий Анатольевич Нисневич

    2009-09-01

    Full Text Available Fair, transparent and professional competition is the basis of functioning and dynamic stabilization of political system. Further broadening of economical, political and informational freedom and competition is a requirement for lowering of corruption and securing of effectiveness of application of special legal and administrative measures for its suppression.

  12. Legal Response to Child Abuse and Neglect: Assessment, Treatment, and Prevention.

    Science.gov (United States)

    Plum, Henry J.

    1991-01-01

    Recommendations are made for improving the existing child protection system by consideration of children as legal persons, parental duty instead of parental rights, and the state's duty. Solutions involve recognizing what works, developing political astuteness, marketing child protective services as a business, balancing centralization and…

  13. Caspian energy and legal disputes: prospects for settlement

    Energy Technology Data Exchange (ETDEWEB)

    Ogutcu, Mehmet

    2003-07-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  14. Caspian energy and legal disputes: prospects for settlement

    International Nuclear Information System (INIS)

    Ogutcu, Mehmet

    2003-01-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  15. The political economy of reforms: Empirical evidence from post- communist transition in the 1990s

    OpenAIRE

    Byung-Yeon Kim; Jukka Pirttilä

    2003-01-01

    Using a novel data set from post-communist countries in the 1990s, this paper examines linkages between political constraints, economic reforms and growth. A dynamic panel analysis suggests public support for reform is negatively associated with income inequality and unemployment. Both the ex post and ex ante political constraints of public support affect progress in economic reform, which in turn influences economic growth. The findings highlight that while economic reforms are needed to fos...

  16. Political economy of hope as a cultural facet of biomedicalization: A qualitative examination of constraints to hospice utilization among U.S. end-stage cancer patients.

    Science.gov (United States)

    Mrig, Emily Hammad; Spencer, Karen Lutfey

    2018-03-01

    A growing body of social science literature is devoted to describing processes of biomedicalization. The issue of biomedicalization is especially relevant for individuals suffering from end-stage cancer and hoping that aggressive end-of-life interventions, which are riddled with uncertainty around quantity or quality of life, will produce a 'cure'. To examine hospice underutilization among end-stage cancer patients, we apply the anthropological concept 'political economy of hope,' which describes how personal and collective 'hope' is associated with the political and economic structures that produce biomedicalization processes. Previous studies have examined hospice underutilization among end-stage cancer patients and have identified barriers stemming from patient and physician characteristics or health insurance reimbursement policies. Yet, these studies do not provide an organized synthesis of how barriers articulate, how they are part of the longitudinal decision-making process, or describe the sociocultural context surrounding hospice care enrollment decisions. This paper focuses on US-specific mechanisms and is based on qualitative, in-depth, interviews with physicians at an academic hospital (N = 24). We find that hospice underutilization results from a web of interconnected constraints surrounding end-stage cancer patients. Our research reveals how hospice care contradicts the political and economic structures associated with end-stage cancer care and illustrates how end-stage cancer patients are transformed into a form of biovalue, a fundamental commodity sustaining the political economy of hope. Copyright © 2018 Elsevier Ltd. All rights reserved.

  17. Toward a new institutional strategy framework for political marketing

    DEFF Research Database (Denmark)

    Nielsen, Sigge Winther

    2013-01-01

    The present literature on political marketing strategy has provided important knowledge about how the material context of technologies, polls or competitors influences strategy formulation. However, less attention has been directed to the constraints facing a political organization from the social...... context related to habits, norms or social conventions. This article thus aims at bringing organizational new institutional theory into the field of political marketing strategy. Accordingly, it is investigated how political organizations when initiating marketing strategies act or react toward...... that decision makers will (1) scan information from their environment, (2) interpret this incoming information in available cognitive categories and (3), finally, select a strategy premised on their cognitive interpretations. On this ground, we build a novel typology that specifies which political marketing...

  18. How should a legal system of approval adequate to democracy look like. Nuclear power station licensing for example

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1986-01-01

    The concept of an administrative referendum is explained as a possibility of reshaping the current system of approval so as to make it commensurate with democratic principles. Introduction of such a concept would require only few modifications of the valid legal provisions: The licensing procedure would remain as it is, but in addition, a referendum would be made possible, on the initiative of the population, which would give the population of a Federal Land a right of decision on the political level, deciding whether a given, licensed installation is conductive to the public good. Through such an administrative referendum, the political sovereign would be given political power of control of administrative decisions, and assume responsibility, which would be legally based on Art. 20, para. II GG (Basic Law). (HSCH) [de

  19. The "Post-Racial" Politics of Race: Changing Student Assignment Policy in Three School Districts

    Science.gov (United States)

    McDermott, Kathryn A.; Frankenberg, Erica; Diem, Sarah

    2015-01-01

    Many school districts have recently revised, or tried to revise, their policies for assigning students to schools, because the legal and political status of racial and other kinds of diversity is uncertain, and the districts are facing fiscal austerity. This article presents case studies of politics and student assignment policy in three large…

  20. Persons or property – freedom and the legal status of animals

    NARCIS (Netherlands)

    Schmidt, Andreas

    2018-01-01

    Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican

  1. The political economy of diagnosis-related groups.

    Science.gov (United States)

    Bertoli, Paola; Grembi, Veronica

    2017-10-01

    A well-established political economic literature has shown as multi-level governance affects the inefficiency of public expenditures. Yet, this expectation has not been empirically tested on health expenditures. We provide a political economy interpretation of the variation in the prices of 6 obstetric DRGs using Italy as a case study. Italy offers a unique institutional setting since its 21 regional governments can decide whether to adopt the national DRG system or to adjust/waive it. We investigate whether the composition and characteristics of regional governments do matter for the average DRG level and, if so, why. To address both questions, we first use a panel fixed effects model exploiting the results of 66 elections between 2000 and 2013 (i.e., 294 obs) to estimate the link between DRGs and the composition and characteristics of regional governments. Second, we investigate these results exploiting the implementation of a budget constraint policy through a difference-in-differences framework. The incidence of physicians in the regional government explains the variation of DRGs with low technological intensity, such as normal newborn, but not of those with high technological intensity, as severely premature newborn. We also observe a decrease in the average levels of DRGs after the budget constraint implementation, but the magnitude of this decrease depends primarily on the presence of physicians among politicians and the political alignment between the regional and the national government. To understand which kind of role the relevance of the political components plays (i.e., waste vs. better defined DRGs), we check whether any of the considered political economy variables have a positive impact on the quality of regional obstetric systems finding no effect. These results are a first evidence that a system of standardized prices, such as the DRGs, is not immune to political pressures. Copyright © 2017 Elsevier Ltd. All rights reserved.

  2. Implementing the Kyoto mechanisms. Political barriers and path dependence

    International Nuclear Information System (INIS)

    Woerdman, E.

    2002-01-01

    The objective of the research on the title thesis is to identify and explain political barriers as well as the opportunities to overcome them. Special attention is paid to permit trading, because it is the superior alternative according to neo-classical economic theory. The author's approach is a combination of (1) political science, (2) (neo-)institutional economics and (3) law and economics. An innovative theoretical framework is presented by transforming lock-in theory from a technological and economic context to an institutional context against the background of the political barrier model. This theoretical framework allows to explain the functioning of these political barriers (including institutional, legal and cultural ones), for instance in terms of path-dependencies, positive feedbacks and set-up costs. Empirical analyses are performed to test (parts of) the theory

  3. Physicians' attitudes toward the legalization of marijuana use.

    Science.gov (United States)

    Linn, L S; Yager, J; Leake, B

    1989-06-01

    We asked 303 practicing physicians in general internal medicine, family medicine, gastroenterology, or psychiatry to indicate whether possessing or using marijuana should be considered a felony, a misdemeanor, warrant the issuance of a citation, or be legalized. The position physicians advocated was unrelated to their specialty, experience diagnosing or treating substance abuse problems, their attitudes toward the efficacy of the treatment of drug abuse, or any other work role or habit we measured. Legalization or citation as compared with harsher penalties, however, was more likely favored by physicians who were younger, less religious, politically more liberal, and those less likely to perceive a serious drug problem in society. Legalization was also more likely favored by physicians who themselves had used marijuana, cocaine, and amphetamines but was unrelated to the use of alcohol, cigarettes, or tranquilizers. Although physician opinion should be sought as society deals with the drug problem, this study suggests how physicians' characteristics may influence the opinions that are rendered.

  4. a study of the language of students' political posters in federal ...

    African Journals Online (AJOL)

    DGS-FUTO

    2018-06-01

    Jun 1, 2018 ... This paper examines the use of language in students‟ political posters in. Federal University .... legal pleading and pop-music lyrics. .... students have developed appreciable cognition and other skills in language which help.

  5. [Asylum Law and Mental Health: An Interdisciplinary Analysis of the Coaction of Medical and Legal Aspects].

    Science.gov (United States)

    Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael

    2016-04-01

    Interdisciplinary analysis of the consequences of laws and legal practice for mental health conditions of asylum seekers and psychiatric care. Based on the case study of a Kurdish woman with complex trauma-related psychiatric disorder, who had been in psychiatric hospital care for 25 months, the legal and medical facts are exposed, followed by a discussion referring to theoretical approaches from medical anthropology. Immigration laws and legal practice can have harmful consequences, which can be interpreted as "structural violence". In case of traumatized refugees, the coaction of legal and medical aspects has to be acknowledged seriously by the medical, legal and political parts involved. © Georg Thieme Verlag KG Stuttgart · New York.

  6. Modeling the legal field of formation of socially responsible conduct among pharmacy specialists

    Directory of Open Access Journals (Sweden)

    N. O. Tkachenko

    2018-03-01

    of the conceptual-categorical apparatus of social standards and guarantees; contradiction between normative legal acts; unfavorable conditions for small business, created by the Tax Code of Ukraine; the neglect of legal norms, the determination of a priority exclusively by receiving a profit, ignoring the PhO and pharmacists moral and ethical principles; inadequate level of political and legal culture in the society; the rejection of the law rule by the political elite and the interpretation of legal norms in their favor; passive behavior of public organizations in the pharmaceutical sector; weak control of the public authorities compliance with standards of current legislature. All specified problems stipulate difficulties in the effective SR implementation.

  7. On the concept and legal nature of sustainable development: Does 'environmental law' exist?

    Directory of Open Access Journals (Sweden)

    Prica Miloš

    2014-01-01

    Full Text Available The idea of sustainable development has developed within the triangular framework of economic, social and environmental policy. It has been the result of man's endeavor in the course of development of mankind to harmonize the relations between economy and ecology for the purpose of satisfying the present needs but without endangering the prospects of future generations to satisfy their own needs. The principle of sustainable development has been present in the international legislation for the past 40 years. The antagonism between economy and ecology has never ceased. Quite the reverse, at the beginning of the 21st century, mankind has encountered the dramatic effects of the rampant global politics and the unpromising prospects of man's subsistence and development. The reason is certainly to be found in the fact that the environment protection policy does not have an adequate legal framework, which is not a matter of legal technique but a matter of substance in global politics. Consequently, this discussion on the legal nature of sustainable development takes us from technique to substance. First, the author analyzes the international legislation and judicature on the issues of sustainable development; thereupon, the author concludes that the principle of sustainable development has not obtained the rank and the outreach of a legal principle (source of law in the international law, which ultimately makes the very existence of environmental law highly disputable. If sustainable development as a fundamental principle (supra-principle does not have the power of a binding principle, the existing international legal sources concerning certain aspects of the living environment are nothing but arable land covered by sand. Actually, the significant feature of the existing international sources on sustainable development is 'the legal ideology' which, being an instrument of environmental policy rather than an instrument of environmental law, actually

  8. Political Regimes in Central Asia: Crisis of Legitimacy, Political Violence and Uncertain Prospects

    Directory of Open Access Journals (Sweden)

    Mohammad-Reza Djalili

    2005-10-01

    Full Text Available This article analyses the present-day transition and political context of each of the states that comprise the former Soviet region of Central Asia since their independence: the internal changes they have undergone, the creation of their own institutions and regional and international relations. This evolution, especially with regard to the deficiencies in democracy and legitimacy of the majority of the current governments, based, in many cases, on personalist, authoritarian regimes, points to an uncertain future for a region in which, too frequently, its rulers have used all the means at their disposal (persecution of political opposition, disregard for human rights, constraint of the mass media and NGOs, etc. to guarantee their continuance in power. This article also includes an analysis of the most recent events, such as the Andijan (Uzbekistan massacre, the‘revolution’ without changes in Kyrgyzstan, and the authoritarian drift of Turkmenistan, which leads to conclusions filled with uncertainties for future political scenarios.

  9. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1991-01-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor) the author examines the legal aspects of public participation in the administrative procedures of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. (orig./HP) [de

  10. UTILIZATION OF EVALUATION RESULTS IN LEGAL POLICY-MAKING AND ADMINISTRATION

    Directory of Open Access Journals (Sweden)

    Hellmut Wollmann

    2017-01-01

    Full Text Available The article is devoted to the analysis of evaluation method and its impact on legal policy development in governance, including in the area of law enforcement.The author outlines the importance of question whether, when and how the evaluation results of public policies, programs and measures has been utilized (or not utilized in policy making and policy implementation.In the pursuit of this guiding question the article will come in five steps.First, major variants of evaluation will be briefly presented particularly with an eye on their respective “utilization potential”.Second, different concepts will be sketched that have been forwarded to capture the utilization of social science generated knowledge by political, administrative and social actors. The author outlines a detailed description of types of evaluations: a retrospective, prelimi-nary, ongoing, interactive, – as well as existing concepts of application of its results.Third, looking at Germany, Switzerland and the European Union as “cases in point” perti-ent research findings will be discussed. The article also subjected to a detailed analysis of the experience of Germany, Switzerland and the European Union in the field of utilization of evaluation results.Fourth, a summary and conclusion will be given.Fifth, some remarks on pertinent research needs will be made.The author comes to the conclusion that that the rate of the utilization of evaluation-generated knowledge has so far turned out be, by and large, scarce. The author says that re-garding the politically crucial decisions the political rationality and its underlying political will of the decision-makers prevail while concerning less important decisions evaluation-generated evidence does show some effect and, hence, a dose of scientific rationality comes to the fore.There is also a need for further research on the subject of how should (and should not use assessment results when making legal and political decisions.

  11. Legal and institutional foundations of adaptive environmental governance

    Directory of Open Access Journals (Sweden)

    Daniel A. DeCaro

    2017-03-01

    Full Text Available Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship.

  12. Russian criminal political victimology: notion, object and prospects of development

    Directory of Open Access Journals (Sweden)

    Pavel Aleksandrovich Kabanov

    2015-03-01

    Full Text Available Objective to describe and explain the structure of the modern Russian criminological political victimology as a special intersectoral criminological theory. Methods the research is based on the universal dialectic method of cognition of social reality. Results basing on the normative legal acts scientific literature and law enforcement practice the author proposes a concept of the structure of the modern Russian criminological political victimology as a special sphere of the Russian political criminology. Scientific novelty for the first time in the world victimology the author proposes a new prospective scientific direction studying the victims of political crimes and power abuses comprising several special victimological theories in its structure. Practical value the authorrsquos provisions allow to elaborate the complex system of measures for victimological rehabilitation and victimological prevention of crimes in the political sphere of social life. nbsp

  13. Policy and strategy of the Cuban Regulatory Organization for the establishment of the legal and regulation frame; Politica y estrategia del Organo Regulador Cubano para el establecimiento del marco legal y reglamentario

    Energy Technology Data Exchange (ETDEWEB)

    Arnau F, A.; Alonso G, I.; Sarabia M, I. [Centro Nacional de Seguridad Nuclear (Cuba)

    2006-07-01

    The National Center of Nuclear Security, Cuban entity authorized to exercise the regulation functions and control of the security of the use of the nuclear energy and the accounting and control of the nuclear materials, has among its functions, to elaborate and to propose for its approval to the corresponding instances, the juridical, technical dispositions and of procedure in its competition sphere, what demands that in this sense clear guidelines exist to carry out this social mission. The fact of assuming this function demands the necessity of a Politics for the establishment of the legal and regulation frame that expresses in a coherent way the general lines on those that it behaves the elaboration of the standards that govern this activity, to reach the end in an efficient and effective way and consequently the adoption of a Strategy that frames the necessary actions that assure the one execution and development of the politics and the pursuit of the precise rules for an optimal result. The Politics for the establishment of the legal and regulation frame of the National Center of Nuclear Security is based on a group of general principles that mark the guidelines so that this activity is chord to the national juridical system, to the good ones international practices and the recommendations of the International Atomic Energy Agency appropriated to the national experience and the daily reality, being this a transparent and reconciled process in such a way that the addressee of these standards can contribute their recommendations to the ends of achieving an effective applicability of the legal and regulation frame that governs this activity in the country. The development and pursuit of these principles is sustained in a group of actions to the help of the strategy for the establishment of the legal and regulation frame, embracing the actions so much during the process of elaboration of the legal frame, its systematic revision, the publication and distribution

  14. THE TRAJECTORY OF INDIGENEITY POLITICS AGAINST LAND DISPOSSESSION IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Noer Fauzi Rachman

    2017-01-01

    Full Text Available Under the New Order authoritarian regime, the state endorsed terra-nullification of the customary territories had been the basis for the stipulation of state forest (hutan negara.After the fall of the General Suharto led regime in 1998 generated a new phase for the struggles of the customary groups in different parts of the archipelago. This article examines the rise of indigeneity and counter-hegemonic indigenous legal maneuvering spearheaded by Aliansi Masyarakat Adat Nusantara (AMAN against ongoing land dispossession in Indonesia since the fall of New Order authoritarian regime which includes the indigenous mobilizations (strategy, organization and tactics in the post-authoritarian country, including the avenue of new types of legal activism when it comes to the creative destruction of global capitalism today. It focuses on two modes of policy advocacy and campaign against land dispossession: (a the production of the Constitutional Court Ruling No. 35/PUU-X/2012, a new legal landmark that establishes the constitutional norm of the citizenship status of Indonesian indigenous peoples (masyarakat hukum adat as rights bearing subjects, and the owners of their customary territory; and (b the National Inquiry on Indigenous Peoples’ Rights held by the Indonesian National Human Rights Commission (Komnas HAM. The discussion describes The Colonialism of ‘State-Izing’ Customary Communities’ Territory, Contemporary Indigeneity Politics in Indonesia, Counter-Hegemonic Indigenous Legal Maneuvering, Judicial Review against The1999 Law No. 41on Forestry, National Inquiry on Indigenous Peoples’ Rights, and Connecting Counter-Hegemonic Indigenous Legal Maneuvering with the Grassroots Struggles which focuses on Mobilizing at Multiple Scales. It is concluded from this article that the efficacy of legal struggles is very much depend on the capacity to connect  with the grassroots mobilization by continuously promulgating the resurgence of indigeneity

  15. The challenge of a ban on animal testing for the development of a regulated legal market for new psychoactive substances (NPS) ('legal highs') in New Zealand: Issues and options for resolution.

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris

    2015-12-01

    In mid-July 2013, New Zealand passed the Psychoactive Substances Act (PSA), which allowed 'low risk' psychoactive products ('legal highs') to be approved for legal sale. In early May 2014, following public protest, the Psychoactive Substances Amendment Act (PSAA) was passed banning animal testing of psychoactive products, potentially making the new regime unworkable. To investigate strategies to overcome the impasse created by the animal testing ban. Solutions to the impasse were investigated using 'scenario' and 'stakeholder' analysis. Legislation, parliamentary debates, and regulatory statements related to the PSA and animal testing were reviewed. Strategies to resolve the impasse were discussed with stakeholders including the Psychoactive Substances Regulatory Authority (PSRA) officials, health officials, a legal high industry lawyer, and a leading legal highs manufacturer. This process generated six possible scenarios and five decision-making criteria of key importance to major stakeholders. Scenarios were then evaluated based on feedback from the industry and regulators. The six scenarios were: (1) pragmatic modification of the animal testing ban; (2) waiting until new non-animal test models are internationally accepted; (3) use of non-validated replacement test methods; (4) judicial challenge of the animal testing ban; (5) 'creative compliance' by only presenting human clinical trial results; and (6) philosophical re-conceptualisation of the 'benefits' from psychoactive products. Options 1 and 5 appear to be the most attractive overall solutions. However, both rely on a new political consensus and astute framing of the issues by political communicators. Political decision makers may be happy to accept Scenario 2 which would impose significant delays. A 'failed' pharmaceutical product with psychoactive effects may have the test data required to be approved under Scenarios 1 and 5. Ultimately, the pleasurable benefits from psychoactive products may need to be

  16. Political electricity: What future for nuclear energy

    International Nuclear Information System (INIS)

    Price, T.

    1993-01-01

    Political Electricity first reviews the history of nuclear power development in nine countries (USA, France, Japan, UK, West Germany, Sweden, Italy, Switzerland, Australia). Second the book analyses major issues shaping the future of the industry: nuclear power economincs, nuclear hazards, alternative energy economics, and greenhouse gas constraints

  17. The Political Economy of International Transitional Administration

    DEFF Research Database (Denmark)

    Grasten, Maj Lervad; Tzouvala, Ntina

    2018-01-01

    This article reconstructs how democratic participation and interference can be fended off by the construction of an international authoritarian political architecture and a strongly legalised and specific form of market economy. We do this by interrogating International Territorial Administration...... corporations. Even though the two administrations focused on different aspects of land and agriculture regulation, we argue that significant commonalities exist between their political preferences and interests. Our work draws on the tradition of critical legal studies in International Law (IL) and we posit...... that by drawing on this tradition, scholarship on post-conflict international territorial administration is better able to capture the long-term ramifications of international intervention....

  18. Partidele româneşti, între politicianism şi politică

    Directory of Open Access Journals (Sweden)

    Bogdan Ficeac

    2011-08-01

    Full Text Available The „originality” of the Romanian transition from totalitarianism to democracy represents, in fact, the failure of this process. The power was not transferred from the hands of a leader or of a small group of discretionary leaders to the legal-rational-bureaucratic institutions, but to the large structures of new rich, which control the entire economic and political life of the country, including the political parties. The only way to cure the Romanian political life is to professionalize the politics, to provoke the politicians to live for politics not off politics. This vital goal could be reach by strictly bringing into force the EU rules and practice, especially the EU model of spending the public money.

  19. Uses of Extra-Legal Sources in "Amicus Curiae" Briefs Submitted in "Fisher v. University of Texas at Austin"

    Science.gov (United States)

    Marin, Patricia; Horn, Catherine L.; Miksch, Karen; Garces, Liliana M.; Yun, John T.

    2018-01-01

    As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

  20. EU joint investigation teams: Political ambitions and police practices

    NARCIS (Netherlands)

    Block, L.; Hufnagel, S.; Harfield, C.; Bronitt, S.

    2011-01-01

    Since 1997 there exists strong political will in the European Union (EU) to use Joint Investigation Teams (JITs) to foster police cooperation in criminal investigations. For most Member States the legal basis to establish JITs became available in 2004. However, as yet, only around 40 JITs have been

  1. RealWorld evaluation: working under budget, time, data, and political constraints

    National Research Council Canada - National Science Library

    Bamberger, Michael; Rugh, Jim; Mabry, Linda

    2012-01-01

    This book addresses the challenges of conducting program evaluations in real-world contexts where evaluators and their clients face budget and time constraints and where critical data may be missing...

  2. The new legal basis of the EU's energy policy

    International Nuclear Information System (INIS)

    Farantouris, N.E.

    2011-01-01

    According to article 194 of the EU Lisbon Treaty, energy now falls within the province of European policy and is a sector for shared responsibility with member countries, in the same way as for the environment, transportation, the interior market and trans-European networks (article 4 of the Lisbon Treaty). The introduction in the Treaty of a chapter devoted to energy clearly has a political emphasis, as its shows the EU's attachment to the implementation of a coherent policy. However, its enactment carries with it not insignificant legal changes, because a specific and autonomous legal basis is established for the first time, thus allowing the Union to take decisions and actions in the area of energy. (author)

  3. New social movements and political process: The politics of hydroelectric power in Switzerland

    Science.gov (United States)

    Lehmann, Luzia M.

    This dissertation analyzes the mobilization and impact of the ecology movement mobilizing against and challenging hydroelectric power plants in the Alps. It argues that the political process model is the most fruitful framework for such a study, linking a political system's structural constraints and opportunities to movement action via organizational resources. The mobilization process resulting in movement impact is conceived as an interactive process among social movements, authorities, other opponents, and potential counter movements. The case study method is then used to analyze three action campaigns launched against hydro power plants in Graubunden since the 1970s: Ilanz I and II, Greina, and Curciusa. In terms of the movement's narrow goal of preventing a plant, Ilanz I and II is a failure, Greina a success, and Curciusa ambiguous. Yet the author defines movement impact more broadly, including procedural, reactive and proactive substantive impact, and structural impact, changes in the alliance/conflict system, and social learning. Based on the evidence from the case studies, these factors affect movement outcome positively: visibility in the media and framing the debate, adjusting the target level and movement repertoire to the opportunity structure and the spatial concentration of the issue, proactivity, and organizational resources with a well developed division of labor, internal communication, and a non-partisan alliance system at all levels. There are two main conceptual contributions. First, the author analyzes the political opportunity structure at all levels of the federal polity--the national, cantonal, and communal--as well as the interplay among the levels. The fact that the cantonal and communal levels exhibit more elements of closure than the national level helps explain differences in movements' organizational resources, movement repertoire, targeting of movement action, and thus movement impact. Second, the author develops the spatial

  4. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1992-02-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor), the author examines the legal aspects of public participation in the administrative procedure of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. This is reflected also in studies of the legal functions of public participation, according to which the lawfulness of procedures is observed without, however, the legitimacy of the project being achieved. (orig./HP) [de

  5. The Politics of Multilingual Communication: Case Studies and Research Agendas

    NARCIS (Netherlands)

    Marácz, L.; Craze, S.; Lempp, F.

    2014-01-01

    Due to globalisation, and different forms of migration and mobility there is a proliferation of linguistic diversity and multilingual communication. At the same time the recognition of the use of one’s first language receives more and more support in international political, legal and institutional

  6. Crimillegal Orders: Revisiting Organized Crime’s Political Power

    Directory of Open Access Journals (Sweden)

    Markus Schultze-Kraft

    2016-05-01

    Full Text Available Despite its relevance to understanding political change and instability in many parts of the global South, the relationship between organized crime and political order remains understudied. This article introduces the novel concept of “crimillegality” to address this issue. Taking recourse to the conceptions of political order put forward by Weber, Fukuyama and North, Wallis and Weingast, I explain how regular patterns of social exchange and interaction - involving public and private, and state and non-state actors - that span an assumed divide between the realms of legality (“legitimate upper world” and criminality (“illegitimate underworld” influence the character, shape and evolution of political order. I suggest that it is in crimillegal orders that organized criminality acquires political power to its fullest and that oligopolies of coercion and violence are constitutive elements of such orders. The article concludes by presenting some ideas about how the concept of crimillegality could be usefully adopted in the fields of peace building and the mitigation of non-armed conflict violence in Latin America and other parts of the contemporary world.

  7. Federal legal constraints on state and local regulation of radioactive materials transportation

    International Nuclear Information System (INIS)

    Reese, R.T.; Morris, F.A.; Welles, B.W.

    1980-01-01

    Within the last five years, the transportation of nuclear materials has experienced a rapid growth of state/local regulations. The federal government is responding to develop a legal basis for declaring these state/local regulations inconsistent and has proceeded to declare certain state regulations invalid. This paper summarizes the relevant legal doctrines, places these doctrines in the context of the federal regulatory framework and reaches conclusions about what forms of state and local regulation may be subject to possible preemptive initiatives and what regulations are unlikely candidates for federal actions. This paper also discusses an example of a preemptive initiative and a federal action. The initiative is contained in DOT's proposed rule on Highway Routing of Radioactive Materials. DOT's first general preemptive action under the Hazardous Materials Transportation Act is described with respect to decisions on Rhode Island's regulations regarding transportation of liquified natural and petroleum gases. There are still some issues that have not been clarified - the role of the federal government in the development and support of emergency response capabilities for nuclear and other hazardous materials, detailed shipment information, and state requirements for prenotifications

  8. Legal aspects of sub-seabed disposal of radioactive waste

    International Nuclear Information System (INIS)

    Reyners, P.

    1981-10-01

    In connection with methods for disposal of highly radioactive waste, that consisting of burying such waste in the sub-seabed arouses an increasingly marked interest among specialists. Apart from the technical difficulties still to be overcome and current safety assessments, this method gives rise to quite considerable legal and political problems. Their solution will undoubtedly have a bearing on its chances of being implemented. (NEA) [fr

  9. Concept Of The Legal System Analysis

    Directory of Open Access Journals (Sweden)

    Petr E. Zhigockiy

    2015-03-01

    Full Text Available In the present article an attempt to provide a theoretical analysis of the legal system, and to consider the law as one of the most complicated social phenomena was made. Author notes, that the contradictions prevailing in public practice are unpredictable. Doctrines of law are varied in their approaches, scores and results, but based on a common foundation: the law for people always acted as a certain order in a society, where the differences begin. Author draws attention to the fact, that the state and the law ensure the order in society by removing contradictions and achieving social compromises. The legal reality is divided into certain groups of legal systems, there is a classification. If we are relying on the identification of groups of the same order, there is the theoretical generality as the level of the theory of law on the legal systems basis. Analysis of the political and legal systems will draw attention to the democratic and totalitarian regimes. Totalitarian regimes are characterized by law as means of violence, the means of coercion and suppression. The majority of democratic regimes are characterized by the use of law as a means of social harmony and social compromise. In conclusion, author underlines, that the theory of law can be made not only at the level of each country. This level is a necessary basis for the theory, but not its completion. Based on the individual characteristics of each country's law, that is descended from the general and particular to an individual, the theory can and should continue to make the way back from the individual to the particular and the general.

  10. Political Concepts for the Ethical Debate on Dilemmas on Assisted Suicide and Euthanasia

    Directory of Open Access Journals (Sweden)

    Roberto Israel Rodríguez Soriano

    2015-09-01

    Full Text Available This essay is a reflection on some of the political elements embedded in the ethical problems of medically assisted suicide and euthanasia. The thesis work is that political theoretical founda­tions of modern nations are aimed to protect the lives of people, a fact that responds to a series of historical processes of the very development of modern political theory. These fundamentals directly affect the cultural and political positions for the refusal to accept the legalization or regulation of the two practices in question, thus denying the right of self-determination in human decision making on the own life and death.

  11. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  12. Legalization of drugs of abuse and the pediatrician.

    Science.gov (United States)

    Schwartz, R H

    1991-10-01

    Growing numbers of individuals are proposing that drugs be legalized in the United States, with claims that federal, state, and local efforts to prohibit the use of illicit drugs are irrational and unenforceable. "Drug reform" advocates include persons of all political persuasions. Ironically, the call for drug reform comes at a time when trends in drug abuse, as reflected in national and state surveys, show a promising decline. It also is contradictory to at least one recent public opinion poll, in which respondents opposed the legalization of marijuana by a five-to-one margin. While their position is by no means unanimous, proponents of drug reform generally base their arguments on several key premises, such as elimination of or reductions in drug trafficking, enforcement, and interdiction expenditures; increased tax revenues from the legal sale of drugs; and reductions in health-care expenses associated with drug treatment. Reform advocates further claim that legalization would not be followed by an increase in drug use. The validity of each of these arguments is highly questionable. Legalization is a simplistic, short-sighted solution to a complex issue with public health, economic, criminal justice, and societal ramifications. Legalization would, moreover, abrogate the position taken in 1961 by the United States and 114 other nations in ratifying the United Nations Single Convention on Narcotic Drugs. The impact of drug reform merits an unbiased study by an independent agency. Until that time, pediatricians should inform themselves of the arguments for and against drug reform and be prepared to educate patients and their families about the issue.

  13. Renewable energies. Ambivalences, governance, legal issues; Erneuerbare Energien. Ambivalenzen, Governance, Rechtsfragen

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix; Hennig, Bettina; Unnerstall, Herwig (eds.)

    2012-07-01

    The present publication is dedicated to renewable energies. The move to a new energy and climate policy impinges on many central humanistic issues (including issues of a legal, economic, sociological, ethical and politological nature). How is it possible to resolve the ambivalences that are associated with the use of renewable energies and which draw our attention not only to renewable energies as such but also to issues of energy efficiency and sufficiency. What political and economic instruments are needed in order to accelerate the market entry of renewable energies and at the same time contain the ambivalences associated with them? And what questions of legal interpretation result from the application of such instruments in practice, be it in the context of subsidies under the Renewable Energy Law or the laws on the planning of building projects. And where lie the causes of the fact seen here that so many individuals in business, the political realm and the public at large are finding it hard to go with the transition to renewable energies?.

  14. Tobacco Industry Political Activity and Tobacco Control Policy Making in Pennsylvania: 1979-1996

    OpenAIRE

    Monardi, Fred M. Ph.D.; Glantz, Stanton A. Ph.D.

    1997-01-01

    The tobacco industry is a major political and legal force in Pennsylvania through campaign contributions, lobbying and litigation. The tobacco industry has become a major source of campaign contributions to legislative candidates, state constitutional office candidates, and political party committees. In the 1979-1980 election cycle, the tobacco industry contributed $3,600 to candidates and parties. In 1995-1996, the tobacco industry contributed $65,850 to candidates and parties. ...

  15. The political approach of animal rights from the perspective of the rights theory

    OpenAIRE

    José Luis Rey Pérez

    2017-01-01

    Traditionally, discussions about animal rights have focused on defending, in different ways, abolitionist or regulatory approaches. Recently, there has been a political change in the way of understanding these rights, which fits better a legal approach that considers that rights –in addition to having a moral dimension- are also effectiveness-oriented legal institutions. This leads to considering that the range of animal rights must be extended to rights linked to the condition of citizenship...

  16. A global warming forum: Scientific, economic, and legal overview

    International Nuclear Information System (INIS)

    Geyer, R.A.

    1993-01-01

    A Global Warming Forum covers in detail five general subject areas aimed at providing first, the scientific background and technical information available on global warming and second, a study and evaluation of the role of economic, legal, and political considerations in global warming. The five general topic areas discussed are the following: (1) The role of geophysical and geoengineering methods to solve problems related to global climatic change; (2) the role of oceanographic and geochemical methods to provide evidence for global climatic change; (3) the global assessment of greenhouse gas production including the need for additional information; (4) natural resource management needed to provide long-term global energy and agricultural uses; (5) legal, policy, and educational considerations required to properly evaluate global warming proposals

  17. Wahdah Islamiyyah Palu: on Contemporary Islamic Legal Issues In The Internet

    Directory of Open Access Journals (Sweden)

    Rusli Rusli

    2017-12-01

    Full Text Available This paper deals with one of the Islamic organizations in Palu, Wahdah Islamiyah (Islamic Unity, in terms of theological and contemporary Islamic legal issues. The source of analysis is the website that Wahdah Islamiyah runs online. The paper concludes that Wahdah Islamiyah is influenced by the relatively strict theology of Wahhābism in religiosity and morality. Therefore, in legal issues, Wahdah Islamiyah embraced and accommodated relatively conservative views with various issues in relation to theological issues and Islamic legal issues such as women’s, social, economic, and political issues. From these views, it can be argued that their aim is to preserve the identity by constructing the concepts of shirk and bidʻah and reinforcing the relatively rigid juristic tradition to become the citadel from the attacks of doctrine seeking to demolish the building of Salafism.

  18. Performing Femininity in Japanese Politics: Chikage Ogi Case Study

    Directory of Open Access Journals (Sweden)

    Alison Luke

    2016-07-01

    Full Text Available Women’s access to the political sphere in Japan has been limited by structural constraints which perpetuate their roles primarily as housewives and mothers. Some women who seek to become professional politicians use these images of traditional femininity as a deliberate tactic in political campaigns to provide a culturally acceptable way for them to express their political views. This paper analyses the life of Chikage Ōgi, a Japanese politician who was once a Takarazuka actress, in order to develop a deeper understanding of the ways in which gender-role expectations restrict women’s access to opportunities throughout their life course and the pragmatic ways that women strive to achieve their goals despite this. Ōgi used the performance skills she developed during her time as an actress to enhance her political image and fulfil her political ambitions. This paper highlights Ōgi’s creativity in enacting agency in Japan’s male-dominated political sphere and demonstrates the complex ways she both upheld and subverted gender norms in order to achieve political longevity.

  19. Legal, political, and institutional implications of the seabed assessment program for radioactive waste disposal

    International Nuclear Information System (INIS)

    Deese, D.A.

    1977-01-01

    Sub-seabed disposal of high-level radioactive waste is discussed. The following conclusions are drawn: The outcome will be determined largely by the national political stances taken toward a sub-seabed disposal program. Political and diplomatic responses from individual countries should be expected to be heavily influenced by the number, type, and timing of options available for high-level waste disposal. The budgetary and institutional support Washington gives to the sub-seabed program will have a crucial influence on the progress of sub-seabed science and technology over the next three to five years. Despite the growing need of nations, such as Japan and Britain, for a high-level waste disposal option, a sub-seabed program will probably not be employed if it is not strongly funded and supported by the United States. Clearly, there are enough level and political obstacles to destroy or delay a sub-seabed disposal program. The nontechnical hurdles to seabed disposal at least equal the scientific and technical ones. But, on the other hand, there are important potential social and political benefits to be gained from any serious attempt to mount a successful sub-seabed program. These lie principally in international cooperation on waste management, environmental protection, nonproliferation of nuclear weapons, and governing the deep seabed

  20. Legal Protection To The Infotainment Of Press Development In Indonesia

    Directory of Open Access Journals (Sweden)

    Anwar Fuadi

    2015-08-01

    Full Text Available Abstract In the socio-political life the press has become an integral part in democratic life. The press has become one of the means for citizens to bring their thoughts and opinions. Nowadays there is a tendency to increase the quantity of press publications sharp but not accompanied by a statement of the quality of journalism. The objective of this research is to understand the essence of the infotainment liability as a mass media in order to construct a freedom of the press principle which has legitimacy within the legal system of the press in Indonesia. The type of research used in this paper is normative research or also known as doctrinal research by reviewing the legal protection to the infotainment as a mass media in Indonesia. The outcomes of the research indicate that the role of infotainment in the legal system of the press in Indonesia refers to the legal construction of institutional and infotainment organizers itself. Legal liability of Infotainment essentially can be seen from the press obligations stipulated in the Law No. 40 of 1999 regarding the Press Law No. 32 of 2002 regarding Broadcasting as well as the Journalists Code of Ethics which support freedom of the press and expression.

  1. THE MEASURES OF CONSTRAINT IN THE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Dumitriţa FLOREA

    2013-12-01

    Full Text Available For being addressee of the state international responsibility, the entities guilty of the trigger of an conflict or by of the commit of an fact through it’s bring touch to the international public order, must have the quality of the subject of international public law or to be participant to an report of law like this, knowing that the reports which it’s settle between the entities which actions in the international society are considered the international relationships. The relationships which are established between the subjects of international law are falling under the international public law. The constraints is an element of international law which does not constitute an violation, but an mean of achievement of the law. The base element of the constraint is legality, including from the point of view of foundation, method and the volume. The constraint is determine, first of all by the purpose and base principles of the international law. The countermeasure are limited through the temporary a groundless of the obligations by the injured states, face to the guilty state and are considered legal until it will be achieved their purpose. They must have applied in a sort way to permit re-establish of the application of obligations infringe. This rule has to do with Convention of Vienna from 1969 regarding the treaties law, according to “in the time of abeyance period, the parties must abstain from any deeds which will tend to impedes the resumption of applying the treaty”

  2. [The future of the obligation to be vaccinated: legal aspects].

    Science.gov (United States)

    Truchet, Didier

    2010-01-01

    Under French law, the authorities have the right to make some vaccinations obligatory, to recommend others, or simply to allow individuals to decide whether they or their children should be vaccinated. These political decisions must balance the public good against individual freedoms, and are more a question of pragmatism than of legality. In each situation, politicians and judges are faced with difficult issues of liability.

  3. LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

    Directory of Open Access Journals (Sweden)

    Emilian CIONGARU

    2014-05-01

    Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

  4. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  5. Political culture, the dimensions of exercising citizenship and the participation in public life

    Directory of Open Access Journals (Sweden)

    Celene Tonella

    2012-03-01

    Full Text Available The aim of this paper is to think about the elements of exercising citizenship, of political culture and of subjective values that influence political phenomena. The relationship between cultural values and political dynamics still constitutes a controversial issue among political scientists, yet, increasing links between the variables can be perceived. Authors such as Putnam (2000 and Moses (2010 emphasize the importance of the attitudes of the citizenry. The analysis is based on data collected by a survey (2010 conducted with the population of three cities that constitute the so-called urban sprawl of the Metropolitan Region of Maringá: Sarandi, Paiçandu and Maringá. Classical themes were presented in researches on political culture, as well as controversial issues such as the decriminalization of marijuana, the legalization of abortion, among others.

  6. Political Change and the Federal Role in Education.

    Science.gov (United States)

    Florio, David H.

    1978-01-01

    The shift in domestic politics away from federal prescriptions is unlikely to have an immediate, radical influence on education policies. The shift is not so much a diminution of the federal role in education as it is a recognition of constraints on the power and influence of federal policy. (DS)

  7. Energy Politics between Sustainability and Liberalization

    International Nuclear Information System (INIS)

    Schneider, Gerhard

    2000-08-01

    Duties and taxes related to energy consumption are discussed intensively in Switzerland in connection with impending National votes on various initiatives and Government proposals. These proposals refer either to new public revenues or to the first steps towards modern and ecologically oriented energy politics. In this Forum representatives with diverse political, economical and scientific background explain their points of view. After an overview on national energy politics and on the pending proposals, the focus shifts to the interplay between the requirements of a sustainable development and a forward-looking scheme of liberalization of the electricity market. As a particular example a recommendation for Switzerland is derived from the consideration of practical experience with legal and promotional measures on the utilization of wind energy in other European countries. Looking into the future, the two last speakers discuss the economic and energetic potentials of efficiency-oriented technologies, and the possible role of new materials like advanced hydrogen-carbon-metals. A final round-table discussion with all speakers is also summarized in this volume

  8. Discovering Software License Constraints : Identifying a Binary’s Sources by Tracing Build Processes

    NARCIS (Netherlands)

    Van der Burg, S.; Davies, J.; Dolstra, E.; German, D.M.; Hemel, A.

    2012-01-01

    With the current proliferation of open source software components, intellectual property in general, and copyright law in particular, has become a critical non-functional requirement for software systems. A key problem in license compliance engineering is that the legal constraints on a product

  9. Introduction: Legal Education in Central and Eastern Europe. Challenges and Prospects

    Directory of Open Access Journals (Sweden)

    Antal Szerletics

    2017-12-01

    Full Text Available Legal education in Central and Eastern Europe is often criticised for its inefficiency, outdated models of teaching, discrepancy between market needs and educational offer, strong power relations within institutions or distorted professional ethos of academics. Many of the institutional problems seem to stem from the peculiar historical past of the region, including the socialist heritage of higher education. Law is a particularly sensitive discipline in this respect as its education was – and arguably, has still remained – deeply overpoliticized. Although direct political influence ceased after the political transition in 1989, the professional ethos and the power relations of legal academia have hardly changed in the last twenty years. The papers gathered in the OSLS monographic issue Legal Education in Central and Eastern Europe. Challenges and Prospects discuss these problems of legal education and propose alternative solutions, which could bring about a change in the field. La educación jurídica de Europa central y oriental es objeto de crítica por su ineficiencia, sus modelos obsoletos de enseñanza, su discrepancia con respecto a las demandas del mercado, las fuertes relaciones de poder en las instituciones y la distorsionada ética profesional de los académicos. Muchos de los problemas institucionales parecen provenir del pasado histórico de la región, incluida la herencia socialista en la educación superior. El Derecho es una disciplina especialmente delicada a este respecto, ya que su enseñanza ha estado -y, probablemente, sigue estando- profundamente politizada. A pesar de la transición política de 1989, la ética profesional y las relaciones de poder que rigen el estrato académico apenas han cambiado en los últimos veinte años. Los artículos reunidos en el monográfico Legal Education in Central and Eastern Europe. Challenges and Prospects analizan los problemas de la enseñanza del Derecho y proponen soluciones

  10. [Legal and sanitary aspects conditioning access to medicines in Brazilian courts].

    Science.gov (United States)

    Pandolfo, Mércia; Delduque, Maria Célia; Amaral, Rita Goreti

    2012-01-01

    The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated "health judicialization" is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil.

  11. The legalization of small scale mining in Colombia

    Directory of Open Access Journals (Sweden)

    Alexandra Urán

    2013-11-01

    Full Text Available The following article presents conceptual and analytical elements that allow us to broaden the debate about the legalization of the mining in Colombia. Looking for items to be able to propose alternatives in order to consolidate a new mining process socially and environmentally sustainable, claiming the value of the ancestral practices and forms of the redistributive production. To this end, it is necessary to start with the discussion of the concepts of formalization and legality, so that we can generate a theoretical framework that will allow us to explore such delicate matter, we will continue to make the framework socio-political, in which it is based that strategy. Then there is a brief context of thereformulation of legal mining, focusing our attention particularly standards which involves or has effects on artisanal mining and/or small-scale mining. There we will find ourselves with a debate on the typology of the mining and the current difficulties to define schemasof legalization or formalization of small-scale mining in Colombia. To conclude with a proposal to formalize as a mechanism of transition to an administrative system - legislativethat will connect more effectively with the realities and skills of the ethnic communities that practice small-scale mining.

  12. The Effect of Political and Economic Factors on Corporate Tax Rates

    OpenAIRE

    Hansson, Åsa; Porter, Susan; Perry Williams, Susan

    2012-01-01

    Economists and political scientists have long been interested in factors that affect the statutory tax rate on businesses set by federal governments. In this study, we examine the impact of political and economic factors on several measures of tax rates and tax incentives offered across 19 developed countries for the years 1979 through 2005. Our results indicate that while economic conditions such as openness, strategic interaction, budget constraints, economic downturns and an aging populati...

  13. Crimea And The Politics Of Legitimacy In International Relations

    Directory of Open Access Journals (Sweden)

    A. A. Vlasov

    2018-01-01

    Full Text Available Despite the fact that four years have passed since the accession of Crimean peninsula, an active polemic continues in the academic community. Obviously, it somehow sets a certain political discourse not only of the present, but also of the future. Therefore, one cannot ignore the existence of serious arguments from those who criticize legitimacy of the Russia’s actions. However, on the other hand, there are enough legal and legitimate reasons to recognize the reunification of Crimea and Russia as fully justified. The analysis of the relationship between the legal and political aspects of legitimacy is crucial in this matter. In the post-Soviet period, the Ukrainian government, setting a course for rapid Ukrainianization and building (almost not taking in consideration its own realias a state of the European type, proved unable to change the pro-Russian identity of the Crimeans. On the contrary, its policies only increased people’s discontent with Ukrainian reality. As a result, the pro-Russian orientation of the majority of Crimean residents has become both Russian legitimacy and legality. In addition, the issues of national security were an important circumstance of the Russian leadership actions during this period. Russia was forced to consolidate its high traditional legitimacy on the peninsula legally, when it sensed a threat to it from the expanding NATO because of the coup d’état and the ouster of the legitimate authority. Introducing the blockade of the peninsula, the Kiev authorities finally undermined the Ukrainian legitimacy among the population of the Crimea. The blockade, first by non-state actors, and then by state structures of Ukraine in water supply, access to electricity, restriction of freedom of movement and in other areas, led to the violation of human rights in the Crimea. Today, the Ukrainian state in every possible way reneges on international law norms in relation to the Crimeans, arguing that the Russian

  14. ``Political'' Science

    Science.gov (United States)

    Berzak Hopkins, Laura

    2013-03-01

    Politics and policy affect all of us, both as scientists and as citizens, and issues ranging from laboratory budgets to arms control treaties clearly require research problem-solving skills and technical expertise. There is a critical role for scientists in each aspect of the political system, and in fact, we as a society need more scientists to take part in politics. Furthermore, the research we pursue has important societal applications and is fascinating! We have a right and a responsibility to share our scientific knowledge not only with each other, but with the general public as well. So, why are we as a community of scientists reticent in the public arena, hesitant to enter politics, and even at times unsupportive of our peers who transition into governmental roles? In this time of fiscal constraint, when difficult research funding (and de-funding) choices are regularly being made, we as scientists must step up to the plate, reach across the aisle, and explain why what we do is fascinating, inspiring, and important, not just to us, but to society as a whole. A range of policy-relevant roles exists inside and outside the laboratory, such as Congressional Fellowships. Each year the Congressional Fellowships program brings together approximately thirty scientists at all stages of their careers to serve as scientific advisors in a variety of offices in the U.S. Senate and House of Representatives. Although the jump from lab to lobbying meetings can be frustrating, the transition can also be intriguing. Firsthand experience with the ``how'' and ``why'' (or lack thereof) of politics and policy is invaluable and provides a unique opportunity to expand and broaden one's background. The opportunity to work on Capitol Hill is unparalleled, particularly because our nation has a definite need for scientists with the inclination and interest to inform and develop policy. But, whatever role you decide to take, from contributing scientific news to local publications to

  15. In Situ Preservation of Underwater Cultural Heritage as an International Legal Principle

    Science.gov (United States)

    Aznar, Mariano J.

    2018-04-01

    In situ preservation is not necessarily the best underwater archaeological solution, nor is it legally required in all circumstances. Rather, it is the first and, perhaps, the most technically desirable option, when archaeological, legal, and political circumstances—in that order—so advise. Otherwise, the removal of the historical object or objects found under the sea and their conservation outside the marine environment is another plausible option, provided the archaeological standards accepted by the international scientific community are met. This paper aims to clarify the legal contours of this rule, as codified by the UNESCO Convention on the Protection of the Underwater Cultural Heritage. To this end, it proposes the following basic hypothesis: in situ preservation, as a current legal principle in underwater archaeological activities, is the first option for the protection of that heritage; because it is an option, this preservation may take a different form depending on the circumstances; nothing legally prevents the removal of remains from the seabed, provided it is done properly and they are appropriately preserved; and, finally, if necessary, this should be done as soon as possible, given the circumstances.

  16. Nuclear industry and legal security - some remarks on the restrictive effects on legal protection and participation of the public in the nuclear system

    International Nuclear Information System (INIS)

    Baumann, W.

    1989-01-01

    The state is on dangerous ground with the development that can be observed in the legal field, allowing legal protection against large-scale technology and projects, particularly in the nuclear sector, to be gradually cut back. This impression is shown to be true first of all in relation to legislation which reduced legal protection through the instrument of judicial review, for protection of life and health from technological hazards, to the functions of a trial court, and this for reasons of opportunistic and short-term political interests. Decisions of the Federal Administrative Court in nuclear law matters have been neglecting the principle of legal protection to an extent that the legitimation quality of decisions in this field of law has been diminishing more than can be expected at first sight, looking at the restrictions. The public has come to realise that the courts content themselves with reviewing only a small part of the case and close their eyes to the concerns of the public, which in turn loses trust in the sincerity of judicial proceedings and the correctness of court decisions. The citizen will turn to other ways and means in order to come into his own. This is a dangerous development in a constitutional state, and must be prevented. (orig./HSCH) [de

  17. Legal and Political Implications of Offensive Actions from and Against the Space Segment

    Science.gov (United States)

    de Angelis, Iole M.

    2002-01-01

    a common responsibility among the non state-actor Al-Quaida and the State of Afghanistan - that supported and hosted such organisation - is an exemple that deserves special consideration. ANTISATELLITE WEAPONS In a world in which Russia and the United States are no longer enemies, no individual nation has a strong motivation to develop and deploy space weapons for solely military purposes. Such weapons could be seen as inextricably tied to the purpose of achieving space dominance not only for military reasons - achieving full spectrum dominance thanks to a superior information management - but also for economical and political reasons. It is important to remind that the military use of outer space has both stabilizing and destabilizing potential. Military and civilian satellites perform functions that contribute to treaties verification, transparency, confidence building and nuclear deterrence. Putting weapons in space - that is a military use of outer-space - would threaten the instruments and sensors deployed into orbit to monitor potential enemies, control the compliance to disarmament treaties, detect ballistic missile launches, and maintain reliable communications. A sudden attack against such systems would lead to a main international crisis. In this context, in February 2000 the Chinese delegation to the United Nations Conference on Disarmament circulated a paper identifying a present and pressing necessity to prevent an arms race in outer space. A treaty forestalling the use of any kind of weapons in space, argued the delegation, would greatly support global peace and security." Moscow agreed with Beijing on this subject. CONCLUSIONS The deployment of space weapons will bring negative consequences to the international image of the country that does so, but is it an inevitable process? What tools can the international community do to prevent the escalation of conflicts into the outer space? From an international legal perspective, the development and the

  18. Gender mainstreaming in law and legal education

    Directory of Open Access Journals (Sweden)

    Vujadinović Dragica

    2015-01-01

    Full Text Available Political revolutions of the 18th and 19th century engendered an idea of universal equality. However, the American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen have not been gender sensitive documents. Women had to struggle for a long time in order to achieve visibility in laws and they did gain an equal right to vote in the USA only 144 years later and in France only 160 years after the issuing of these documents. Contemporary international and national law has greatly advanced from a gender equality point of view. However, gender sensitive legislation and implementation of legal norms has been far from widely accepted. Gender sensitive legal education of (future legislators, lawyers, judges, and prosecutors has thus been of the utmost importance. First, the article offers theoretical clarifications and historical background analysis of a sense and purpose of gender mainstreaming. The achievements in international law and strategic documents concerning gender equality will be taken into consideration in the second chapter. The main focus will be on the meaning of and instruments for gender mainstreaming in legal education in Serbia as well as generally. Paradigmatic examples from judicial practice will also be presented.

  19. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

    Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.

  20. Legal control of large technical projects

    International Nuclear Information System (INIS)

    Papier, H.J.

    1981-01-01

    More legal security, acceleration of court procedures, a fair consideration of the interests of the permission recipients, avoidance of any kind of political usurpation, as well as the attempts of judges not to present an amateuriser scientific-technical indepth-knowledge cannot be accomplished via Sporadic appeals with partially para-legal reservedness. This also goes for those frantic attempts to institute socalled ''norm selections'', and for efforts of attempting to influence objective rights by modifying grounds for contestation. What is needed is a legistation that, especially in the area of large industrial plants, exerts appropriate statuatory influence. So far, this has not been the case. It is up to the legislation to define permission standards, have them assessed and judged by experts, and harmonize them with the appropriate procedural rights. If this is done, the power of balance with regards to large industrial plants will be re-established. Curtailment of the lengthy process of official channels must also be considered. If a preliminary administrative procedure is already formalized, a second fact-establishing instance should be waived. (orig./HP) [de

  1. Policy and strategy of the Cuban Regulatory Organization for the establishment of the legal and regulation frame

    International Nuclear Information System (INIS)

    Arnau F, A.; Alonso G, I.; Sarabia M, I.

    2006-01-01

    The National Center of Nuclear Security, Cuban entity authorized to exercise the regulation functions and control of the security of the use of the nuclear energy and the accounting and control of the nuclear materials, has among its functions, to elaborate and to propose for its approval to the corresponding instances, the juridical, technical dispositions and of procedure in its competition sphere, what demands that in this sense clear guidelines exist to carry out this social mission. The fact of assuming this function demands the necessity of a Politics for the establishment of the legal and regulation frame that expresses in a coherent way the general lines on those that it behaves the elaboration of the standards that govern this activity, to reach the end in an efficient and effective way and consequently the adoption of a Strategy that frames the necessary actions that assure the one execution and development of the politics and the pursuit of the precise rules for an optimal result. The Politics for the establishment of the legal and regulation frame of the National Center of Nuclear Security is based on a group of general principles that mark the guidelines so that this activity is chord to the national juridical system, to the good ones international practices and the recommendations of the International Atomic Energy Agency appropriated to the national experience and the daily reality, being this a transparent and reconciled process in such a way that the addressee of these standards can contribute their recommendations to the ends of achieving an effective applicability of the legal and regulation frame that governs this activity in the country. The development and pursuit of these principles is sustained in a group of actions to the help of the strategy for the establishment of the legal and regulation frame, embracing the actions so much during the process of elaboration of the legal frame, its systematic revision, the publication and distribution

  2. Legal issues relating to the Ontario FIT contract - An update

    International Nuclear Information System (INIS)

    Weizman, Michael

    2011-01-01

    The paper discusses the legal issues related to the Ontario FIT contract, which includes the FIT waiver agreement, WTO challenge, FIT extension, political risk assessment and issues related to unforeseen events beyond human control (force majeure). The risk of termination of the FIT waiver is omitted for convenience by OPA but timing implications relating to the FIT waiver are included. The binding agreement for supply of generating equipment is also presented and the term sheet for turbine equipment and bill of purchase being understood as binding agreements is questioned. Political risks relate to existing contracts, lawsuit risks and changes to the REA process. Change in government and the implications of minority government can be added to the political risks. A successful WTO challenge has been assumed and the possible implications are discussed. Some of them include risk to FIT contracts already issued; changes in DC requirements and in FIT contract pricing and re-pricing of construction and turbine equipment supply contracts if DC requirements are relaxed.

  3. Politico-Legal Views of A. V. Kolchak on the Problems of the Unity of Russia

    Directory of Open Access Journals (Sweden)

    Fedor S. Sosenkov

    2017-05-01

    Full Text Available The article considers political-legal views of A. V. Kolchak on problems of ensuring state unity of Russia. Some telegrams, letters, and other documents of A.V. Kolchak and his government, other leaders of the «white movement» are analyzed.

  4. Enduring politics: the culture of obstacles in legislating for assisted reproduction technologies in Ireland

    Directory of Open Access Journals (Sweden)

    Jill Allison

    2016-12-01

    Full Text Available Assisted reproductive technology has become a normalized part of reproductive medicine in many countries around the world. Access, however, is uneven and inconsistent, facilitated and restricted by such factors as affordability, social and moral acceptance or refusal and local cultures of medical practice. In Ireland, assisted reproductive technology has been available since 1987 but remains unregulated by legislation. This creates an uncertain and untenable legal circumstance given the contested issues related to constitutional protection of the right to life of the unborn and the indeterminate legal status of embryos in vitro. This paper examines the impact of an enduring political impasse. It explores how clinical assisted reproductive technology services in Ireland operate both inside and outside dominant institutional frameworks, meeting a pronatalist and pro-family social and political agenda, while sometimes contradicting the pro-life politics that has continued to shape women’s reproductive lives. The medical approaches to infertility thus intersect with the ongoing debates around abortion, the failure of the government to regulate, and notions of embodied motherhood and responsibility within changing meanings of family and kinship. At the same time women and their partners seek assisted reproductive technology treatment in other countries throughout the European Union where laws differ and availability of services varies. A decade has passed since the Commission on Assisted Human Reproduction in Ireland released its recommendations; the enduring legislative vacuum leaves women, families and practitioners in potential legal limbo.

  5. Nuclear plants near borders: environmental, legal, economic and political aspects

    International Nuclear Information System (INIS)

    Carle, R.

    1990-01-01

    Over the last few years, the legal framework of the development of nuclear energy within Europe has focussed on the special problems posed by nuclear plants located near national boundaries. The problems which may be caused by such plants must clearly be handled in the same way as for any other installations and the governments concerned need to define mutually acceptable conditions. Joint committees have already been formed between some countries, most notably to deal with nuclear plant safety issues. Special agreements have been reached covering the use of river water, public information and mutual assistance in case of accident. The key to the whole process is a progressive standardization of regulations concerning the environment, safety, radiological protection, non-proliferation, public information and emergency plans in case of accidents. (UK)

  6. Code of Ethics in a Multicultural Company and its Legal Context

    Science.gov (United States)

    Odlerová, Eva; Ďurišová, Jaroslava; Šramel, Bystrík

    2012-12-01

    The entry of foreign investors and simultaneous expansion of different national cultures, religions, rules, moral and ethical standards is bringing up problems of cooperation and coexistence of different nationalities, ethnicities and cultures. Working in an international environment therefore requires adaptation to a variety of economic, political, legal, technical, social, cultural and historical conditions. One possible solution is to define a code of ethics, guidelines which find enough common moral principles, which can become the basis for the adoption of general ethical standards, while respecting national, cultural differences and practices. In this article, the authors pay attention not only to the analysis of the common ethical rules in a multicultural company, but also to the legal aspects of codes of ethics. Each code of ethics is a set of standards, which, like the legal norms, regulate the behaviour of individuals. These standards, however, must simultaneously meet certain statutory criteria that define the boundaries of regulation of employee’s behaviour.

  7. Criminal Policy Movements and Legal Education

    Directory of Open Access Journals (Sweden)

    Thula Rafaela de Oliveira Pires

    2016-10-01

    Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.

  8. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  9. Educating Richard : Incest, Marriage, and (Political) Consent in Gower's 'Tale of Apollonius'

    NARCIS (Netherlands)

    Sobecki, Sebastian I.

    2007-01-01

    Gower's treatment of the incest motif in the "Tale of Apollonius" in Book VIII of the Confessio Amantis is embedded into the poet's discussion of kingship, which, like incest, emerges as being subject to legal discourses. Read politically, the portrayal of Apollonius would appear to sustain a host

  10. Public opinion on abortion in eight Mexican states amid opposition to legalization.

    Science.gov (United States)

    Valencia Rodríguez, Jorge; Wilson, Kate S; Díaz Olavarrieta, Claudia; García, Sandra G; Sánchez Fuentes, Maria Luisa

    2011-09-01

    In opposition to Mexico City's legalization of first-trimester abortion, 17 Mexican states (53 percent) have introduced initiatives or reforms to ban abortion entirely, and other states have similar legislation pending. We conducted an opinion survey in eight states--four where constitutional amendments have already been approved and four with pending amendments. Using logistic regression analyses, we found that higher education, political party affiliation, and awareness of reforms/initiatives were significantly associated with support for the Mexico City law. Legal abortion was supported by a large proportion of respondents in cases of rape (45-70 percent), risk to a woman's life (55-71 percent), and risk to a woman's health (48-68 percent). A larger percentage of respondents favored the Mexico City law, which limits elective legal abortion to the first 12 weeks of gestation (32-54 percent), than elective abortion without regard to gestational limit (14-31 percent).

  11. The Noborder Movement: Interpersonal Struggle with Political Ideals

    Directory of Open Access Journals (Sweden)

    Leslie Gauditz

    2017-09-01

    Full Text Available Over the last decade, self-organized refugee protests in Europe have increased. One strand of activism in Europe, noborder, involves a transnational network of people who are heterogeneous with regards to legal status, race, or individual history of migration, but who share decolonial, anti-capitalist ideals that criticize the nation-state. Noborder activists embrace prefigurative strategies, which means enacting political ideals in their everyday life. This is why this article asks: How do noborder activists try to meet their political ideals in their everyday practices, and what effects do these intentions entail? Noborder practices take place at the intersection of self-organization as a reference to migrants’ legal status or identity, on the one hand, and self-organization as anti-hierarchical forms of anarchist-autonomous organization, on the other. On the basis of empirical findings of a multi-sited ethnography in Germany and Greece, this article conceptualizes that noborder creates a unique space for activists to meet in which people try to work productively through conflicts they see as being produced by a global system of inequalities. This demanding endeavor involves social pressure to self-reflect and to transform interpersonal relationships. Broader society could learn from such experiences to build more inclusive, heterogeneous communities.

  12. Improvement of national legislation in alternative resolution of legal disputes area

    Directory of Open Access Journals (Sweden)

    Ярослав Павлович Любченко

    2016-01-01

    Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which

  13. URBAN POLITICS: KEY APPROACHES

    Directory of Open Access Journals (Sweden)

    Ledyaeva Ol'ga Mikhaylovna

    2012-10-01

    Full Text Available Several approaches that underlie urban politics are discussed in the paper. They include neo-liberalism, political economy discourse, elitist/pluralist debates, and postmodernism. The neoliberal approach focuses on the limited role of the state and individual responsibility. The legal framework protects both the rights and responsibilities of individuals and regulates the operation of the market. It is the market that fosters individual choices and provides goods and services by virtue of the processes which are flexible, efficient and transparent. The political economy approaches (regulation theory, public choice theory, neo-Marxism explain urban politics via the analysis of national and international economic processes and changes in contemporary capitalism. Changes in national and international economies determine what solutions are possible. The discourse has been influenced by the debate on globalization of capital and labour markets. Modern elitism and neopluralism are represented by theories of "growth machines" and "urban regimes". The former focuses on bargaining alliances between political and business leaders in order to manage the urban system and to promote its growth. The latter develops neopluralist explanations of power within local communities with an emphasis on the fragmented nature of the government where local authorities lack comprehensive governing powers. Postmodernism views the city as the site of the crisis of late capitalism which leads to segregation of neighbourhoods onto prosperous areas and ghettoes. In contrast to the modern city, the postmodern city is not defined by its industrial base; rather, it is determined by its consumerist environment of malls and museums, characterized by revivalist architecture. At the same time, the suburban shopping mall and a motorway network make nonsense of the idea of the city as a unique and well-defined space. These and other approaches encompass a wide spectrum of possibilities

  14. Quality of employment in Europe. Legal and Normative Perspectives

    OpenAIRE

    Borelli, Silvia; Vielle, Pascale

    2012-01-01

    Since 2001, 'quality of employment' has been at the core of the political, academic and practical agenda, and has fed a wide-ranging debate. For the first time, a scientific work takes stock of the legal and normative understanding of quality of employment in Europe. In order to develop an interdisciplinary dialogue, the book underlines the importance of law in the debate on quality of employment and suggests how European concepts and tools might be adapted to enrich scientific reflection by ...

  15. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  16. Growing families in a shrinking world: legal and ethical challenges in cross-border surrogacy.

    Science.gov (United States)

    Crockin, Susan L

    2013-12-01

    Crossing national borders to have children is a rapidly growing phenomenon, fuelled by restrictions on access and technologies in some countries and for some patients, by high costs in others, and all generating a burgeoning multibillion dollar international industry. Cross-border gestational surrogacy is one form of family building that challenges legal, policy and ethical norms between countries and puts both intended parents and gestational surrogates at risk, and can leave the offspring of these arrangements vulnerable in a variety of ways, including parent-child, immigration and citizenship status. The widely varying political, religious and legal views amongst countries make line drawing and rule making challenging. This article reviews recent court decisions about and explores the legal dimensions of cross-border surrogacy. Copyright © 2013 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

  17. Legal high industry business and lobbying strategies under a legal market for new psychoactive substances (NPS, 'legal highs') in New Zealand.

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris

    2016-11-01

    The establishment of a regulated legal market for new psychoactive substances (NPS, 'legal highs') under New Zealand's Psychoactive Substances Act (PSA) 2013 created a new commercial sector for psychoactive products, previously limited to alcohol and tobacco. To explore how the newly-recognised 'legal high' industry (LHI) viewed and responded to the changing regulatory and market environment. In-depth interviews with six key informants (KI) from the LHI: a leading entrepreneur, chemist, industry spokesperson, retailer, product buyer and a researcher commissioned by the LHI - were conducted, transcribed and analysed thematically. Formative work for the study included review of official LHI documents (websites, public submissions, self-regulation documents). The LHI stakeholders espoused an idealistic mission of shifting recreational users of alcohol, tobacco and illegal drugs towards "safer alternatives". Passage of the PSA was viewed as a success after years of lobbying led by pioneering LHI actors. The growth and professionalisation of the LHI resulted in an increasingly commercial market which challenged idealistic views of the original operators. LHI KI reported the targeting of young and low income customers, price cutting and increasing the strength of products as business strategies. Attempts by the LHI to self-regulate did not prevent escalation in the strength of products and fall in retail prices. The LHI reported outsourcing of manufacturing and exporting of their products to other countries, demonstrating an international business model. There was a tension between profit and idealistic motivations within the LHI and this increased as the sector became more commercialised. While the LHI distanced itself from both alcohol and tobacco, they reported the use of similar marketing, business and political lobbying strategies. Rules for engagement with new 'addictive consumption industries' are required to clarify the role they are permitted to play in the

  18. Legal Deposit in Denmark - the New Law and Electronic Products

    Directory of Open Access Journals (Sweden)

    Henrik Dupont

    1999-04-01

    Full Text Available In 1997 Denmark celebrated the tricententenary of its legal deposit legislation and at the same time created a new law that surpassed the former 1927 text, which was out of date due to technological and political developments. In the first law on legal deposit, maps were not mentioned explicitly and we have no known examples of maps delivered before a revision of the law in 1781, which explicitly stated that maps and prints had to be deposited. It was only after 1850 that it became possible to follow what was deposited exactly. The number of maps deposited before was limited, not even including the first national survey maps. Maps were only produced in a limited number and the annual deposit did not exceed 600. We assume that all in all some 40,000 maps have been delivered to the collections by legal deposit. Each year since the Second World War the maps have been listed in the annual „Dansk Kortfortegnelse” and since 1980 all new maps have been catalogued in the REX database of the Royal Library.

  19. 78 FR 23778 - Quivira National Wildlife Refuge, Stafford, KS; Comprehensive Conservation Plan and Environmental...

    Science.gov (United States)

    2013-04-22

    ..., Parks and Tourism. Level of Service staffing at the GPNC would remain the same. Alternative B--Proposed... the constraints imposed by biological, economic, social, political, and legal considerations... meetings are yet to be determined, but will be announced via local media and a planning update. Next Steps...

  20. Information Poverty: A Third World Perspective.

    Science.gov (United States)

    Dubey, Yogendra P.

    This paper discusses problems with information systems and services, particularly those relating to information on science and technology, in third world countries: (1) problems in collection development; (2) financial problems, including legal and political constraints; (3) a low degree of scientific literacy; (4) communication barriers; (5) lack…

  1. Political economy and social psychology of nuclear safety

    International Nuclear Information System (INIS)

    Choe, Gwang Sik

    2009-03-01

    The contents of this book are consideration on independence of nuclear safety regulations, analysis of trend in internal and external on effectualness of nuclear safety regulations, political psychology of a hard whistle, how to deal with trust and distrust on regulation institute, international trend and domestic trend of nuclear safe culture, policy for building of trust of people on nuclear safety and regulations, measurement and conception of nuclear safety and for who imposes legal controls?

  2. Political economy and social psychology of nuclear safety

    Energy Technology Data Exchange (ETDEWEB)

    Choe, Gwang Sik

    2009-03-15

    The contents of this book are consideration on independence of nuclear safety regulations, analysis of trend in internal and external on effectualness of nuclear safety regulations, political psychology of a hard whistle, how to deal with trust and distrust on regulation institute, international trend and domestic trend of nuclear safe culture, policy for building of trust of people on nuclear safety and regulations, measurement and conception of nuclear safety and for who imposes legal controls?.

  3. Politics and legislation related to the final disposal of radioactive wastes. Socio-juridical case study on the Konrad ore mine

    International Nuclear Information System (INIS)

    Pape, Jens

    2016-01-01

    The energy revolution leads not only to build more wind turbines and the much-discussed circuit line from northern to southern Germany. Instead, the now old energy form of nuclear power needs to be handled. The disposal is one of the biggest unsolved issues of our time. In the conflict between energy and environment policies, the radioactive contamination of nuclear energy must be disposed of. The book is a highly topical compendium of legal and political aspects, which are not sufficiently taken into account because of their specialty in the public discourse. Based on the case study Konrad almost all legal and political priorities are treated very understandable.

  4. Water Property Models as Sovereignty Prerogatives: European Legal Perspectives in Comparison

    Directory of Open Access Journals (Sweden)

    Dario Casalini

    2010-08-01

    Full Text Available Water resources in European legal systems have always been vested in sovereign power, regardless of their legal nature as goods vested in State property or as res communes omnium not subject to ownership. The common legal foundation of sovereign power over water resources departed once civil law jurisdictions leveled the demesne on ownership model, by introducing public ownership in the French codification of 1804, while common law jurisdiction developed a broader legal concept of property that includes even the rights to use res communes. The models led respectively to the establishment of administrative systems of water rights and markets of water rights. According to the first, public authorities’ power to manage and preserve water resources is grounded in a derogatory regime, whereby water rights, grounded on licenses or concessions, are neither transferable nor tradeable. On the contrary, environmental and social concerns in water market schemes must be enforced by means of regulation, thus limiting private property rights on water, in compliance with the constitutional and common law constraints set out to protect the minimum content of property as a fundamental human right.

  5. Legal and economic protection of the existence of nuclear power plants. Is it legally feasible to back out of nuclear power

    Energy Technology Data Exchange (ETDEWEB)

    Rossnagel, A

    1986-01-01

    The article examines whether a political decision for shutting down all operating reactors would be backed by the law, and to what extent the Chernobyl reactor accident and its effects would justify a revocation of all operating licences in compliance with sec. 17, sub-sec. 5 of the Atomic Energy Act. The legal and economic reason and provisions providing for protection of existence are examined in the light of progress in science and technology, and of the changed safety philosophy. The author's conclusion is that the laws would allow the revocation of licences. (HSCH)

  6. Politics drives human functioning, dignity, and quality of life.

    Science.gov (United States)

    Barber, Brian K; Spellings, Carolyn; McNeely, Clea; Page, Paul D; Giacaman, Rita; Arafat, Cairo; Daher, Mahmoud; El Sarraj, Eyad; Mallouh, Mohammed Abu

    2014-12-01

    Too little is known about human functioning amidst chronic adversity. We addressed that need by studying adult Palestinians in the occupied Palestinian territories (oPt), a population that has experienced longstanding economic and political hardships. Fourteen group interviews were conducted in February, 2010 in Arabic by local fieldworkers with 68 participants representing the main stratifications of Palestinian society: gender, region, refugee status, and political affiliation. Interview tasks included each participant: describing someone doing well and not well, free listing domains of functioning, and prioritizing domains to the three most important. Thematic analyses highlighted the dominating role of the political domain of functioning (e.g., political structures, constraints, effects, identity, and activism) and the degree to which political conditions impacted all other realms of functioning (economic, education, family, psychological, etc.). The discussion links the findings to relevant theory and empirical work that has called attention to the need to include the political in frameworks of quality of life. It also emphasized that values, such as justice, rights, dignity and self-determination, that underlie political structures and policies, are key elements of human functioning. This is the case not only in the oPt, but in any society where power imbalances marginalize segments of the population. Copyright © 2014 Elsevier Ltd. All rights reserved.

  7. The political approach of animal rights from the perspective of the rights theory

    Directory of Open Access Journals (Sweden)

    José Luis Rey Pérez

    2017-06-01

    Full Text Available Traditionally, discussions about animal rights have focused on defending, in different ways, abolitionist or regulatory approaches. Recently, there has been a political change in the way of understanding these rights, which fits better a legal approach that considers that rights –in addition to having a moral dimension- are also effectiveness-oriented legal institutions. This leads to considering that the range of animal rights must be extended to rights linked to the condition of citizenship, such as social rights and particularly the right to healthcare and labour rights.

  8. Regional cooperation on energy in South Asia: Unraveling the political challenges in implementing transnational pipelines and electricity grids

    International Nuclear Information System (INIS)

    Huda, Mirza Sadaqat; McDonald, Matt

    2016-01-01

    Political challenges are arguably the biggest constraint to the realization of regional energy projects in South Asia, an issue that has impeded cooperation despite the existence of substantial economic incentives. Although challenges such as technical difficulties, financial constraints and bureaucratic inefficiency are important, they are essentially subsidiary issues, the solutions to which are held hostage by often mentioned but rarely examined political impediments. While existing accounts of political obstacles in contemporary literature are relatively abstract, this paper draws on interviews with government officials, academics, representatives of regional institutions and officials of multilateral development banks in Bangladesh, Nepal, Pakistan and India to get insights into their experience of possibilities for and limitations to energy cooperation. By synthesizing the findings of interviews with relevant literature, this paper undertakes a systematic analysis of the political challenges to regional energy projects and provides a number of policy recommendations to overcome these impediments. - Highlights: • Political impediments constitute the key obstacle to energy cooperation in South Asia. • These political challenges have not been the subject of evidence-based analysis. • The paper uses data from interviews with policymakers in four South Asian countries. • Leadership and astute planning are identified as necessary in order to overcome political obstacles.

  9. Antiprogestin drugs: ethical, legal and medical issues.

    Science.gov (United States)

    Cook, R J; Grimes, D A

    1992-01-01

    are minimal, political problem are of first concern. Boland described differences in introduction of the drug in France and Britain and the US. The theory of "use it or lose it" in patent legislation is applied differently in the US, France, and the UK. Hayhurst, in a complementary legal analysis, noted that Canadian importation would open access to affluent US women. Pine reported on the legal case Benten vs. Kessler, which did not result in successful importation of the drug for personal use, but resulted in some supportive language from the courts. By refusing to apply to the FDA for marketing approval, RU 486's manufacturer may be setting itself up for a boycott. Approaching the problem from these various perspectives addressed the challenge between medical advances and politics and highlighted the need to balance the benefits to women with perceived threats to values.

  10. Social Sustainability and Legal Guarantees of Cultural Identity​

    Directory of Open Access Journals (Sweden)

    Amina Sh. Rudi

    2017-12-01

    Full Text Available The article presents an approach to the sustainability of the social system as a phenomenon of the preservation of society via the changes. The notion of “legitimacy” is actualized, expressing the correspondence of the existing law and order and acting authority to the universal principles of human and social life. Legitimacy is interesting as a social consensus, achieved in the dynamics of social life. It means the adoption of legal and political norms by the subjects of interactions and the lack of demand for power resources to maintain the legal order. Cultural identity is considered as a factor of social stability. The cultural identity of the people is connected, on one hand, with ethno-national and regional identity, and on the other hand, with the self-determination of people as citizens of an integral state and carriers of the historical values of a particular country. Legislative opportunities for ensuring the complex sustainability of multicultural social education are indicated.​

  11. End-of-life decisions in Malaysia: Adequacies of ethical codes and developing legal standards.

    Science.gov (United States)

    Kassim, Puteri Nemie Jahn; Alias, Fadhlina

    2015-06-01

    End-of-life decision-making is an area of medical practice in which ethical dilemmas and legal interventions have become increasingly prevalent. Decisions are no longer confined to clinical assessments; rather, they involve wider considerations such as a patient's religious and cultural beliefs, financial constraints, and the wishes and needs of family members. These decisions affect everyone concerned, including members of the community as a whole. Therefore it is imperative that clear ethical codes and legal standards are developed to help guide the medical profession on the best possible course of action for patients. This article considers the relevant ethical, codes and legal provisions in Malaysia governing certain aspects of end-of-life decision-making. It highlights the lack of judicial decisions in this area as well as the limitations with the Malaysian regulatory system. The article recommends the development of comprehensive ethical codes and legal standards to guide end-of-life decision-making in Malaysia.

  12. CRIMINAL-POLITICAL FUTUROLOGY IN THE FIELD OF FIGHTING CRIME (CONCEPTUAL AND SUBJECT AREA

    Directory of Open Access Journals (Sweden)

    Valery Novichkov

    2015-12-01

    Full Text Available The article considers the subject area of the new direction of pre-vision — criminal-political futurology (forecasting in the field of combating crime, absorbing in itself the main types of legal prediction: criminological, criminal, criminal Executive, criminal procedural, operational search and other.

  13. Corruption, political culture and negative social capital in Brazil

    Directory of Open Access Journals (Sweden)

    Marcello Baquero

    2015-08-01

    Full Text Available One of the problems in strengthening Brazilian democracy has been the endurance of continued corruption on the part of state officials. The result has been the institutionalization of a political culture, which shows a growing alienation, and apathy of citizens regarding politics. This behavior has its origins in citizens´ perception that the state and public authorities cannot be trusted producing an inertial democracy with low stocks of social capital. The purpose of this paper is to examine the relationship between corruption practices by state authorities and the structuring of a defective political culture in Brazil. The working hypothesis is that serious cases of institutionalized corruption are possible due to invisible social ties created among public authorities, producing social capital of a negative nature, which constraints the effective advancements in Brazilian democracy.

  14. Responsibility for safe management of spent nuclear fuel - a legal perspective

    International Nuclear Information System (INIS)

    Cramer, Per; Stendahl, Sara; Erhag, Thomas

    2010-10-01

    This study analyzes, based on Section 10 of the Swedish Nuclear Activities Act, the legal structures surrounding the issue of responsibility for safe management and final disposal of spent nuclear fuel. The purpose is to shed light on the legal aspects that must be considered in the future licensing process and thereby contribute to a better understanding of the importance of the legal structures for the decisions about final disposal that lie ahead of us. The overall question is thus future-oriented: What interpretation is it reasonable to assume will be given to the requirements of the Nuclear Activities Act on 'safe management and final disposal' of the spent nuclear fuel in the coming licensing process? The approach we take to this question is in part traditionally jurisprudential and based on a study of the travaux preparatoires (drafting history) of the Act and other legal sources. In addition, a study of legal practice is included where previous licensing processes are studied. One conclusion that can be drawn from this study is that the Swedish regulation of nuclear activities creates a legal basis for exacting far-reaching industrial responsibility from the reactor owners, but also for an extensive and interventionist state influence over the activities. Of central importance in the model for division of responsibility that was established via the Nuclear Activities Act in 1984 is the RDandD programme (Research, Development and Demonstration). The RDandD programme reflects the political will that the requirement of 'safe management' should be met through research. The statutory forms for how the programme is to be organized reflect an ambition to place great responsibility for execution and financing on the industry, but also, and not least, an ambition to retain instruments of control and influence in the hands of the state. It is difficult to judge whether the hopes of the 1980s regarding the influence of the public over this process have been fulfilled

  15. Thinking Whimsically: Queering the Study of Educational Policy-Making and Politics

    Science.gov (United States)

    Lugg, Catherine A.; Murphy, Jason P.

    2014-01-01

    This paper discusses employing queer theory (QT) and queer legal theory (QLT) for critical policy analysis as applied to education. In doing so, the authors will highlight how both QT and QLT can empower analyses to look beyond the identity politics of a particular time period or space and toward potential reforms in curriculum, pedagogy, and…

  16. Public service and politics in contemporary Ukraine: the stages of search for the model of interaction and delimitation

    Directory of Open Access Journals (Sweden)

    O. O. Ratsyk

    2014-02-01

    The author concludes that three main approaches were formed and fixed in the political and legal documents: de­politicization, political neutrality and political impartiality. For the first time the principle of de­politicization was mentioned in official documents from the beginning of the modern independent Ukrainian state. It means the prohibition for political parties to create its offices in government bodies and organizations. The principle of political neutrality was mentioned in «The Conception of Administrative Reform in Ukraine» (1996.  It means the need to restrict some political rights and freedoms for civil servants, that interfere perform their professional duties. The principle of political impartiality mentioned in official documents in 2000. It means the need to restrict, above all, the right to freedom of speech and information for civil servants.

  17. Political Legitimacy of Vietnam’s One Party-State: Challenges and Responses

    Directory of Open Access Journals (Sweden)

    Carlyle A. Thayer

    Full Text Available This article focuses on the challenges to the authority of Vietnam’s one-party state that emerged in 2009 and state responses. Three separate challenges are discussed: opposition to bauxite mining in the Central Highlands; mass protests by the Catholic Church over land ownership issues; and revived political dissent by pro-democracy activists and bloggers. The Vietnam Communist Party bases its claims to political legitimacy on multiple sources. The bauxite mining controversy challenged the state’s claim to political legitimacy on the basis of performance. The Catholic land dispute challenged the state’s claim to legitimacy on rational-legal grounds. Revived political dissent, including the linkage of demands for democracy with concerns over environmental issues and relations with China, challenged the state’s claim to legitimacy based on nationalism. Vietnam responded in a “soft authoritarian” manner. Future challenges and state responses will be debated as Vietnam moves to convene its eleventh national party congress in 2010.

  18. BRICS COUNTRIES’ POLITICAL AND LEGAL PARTICIPATION IN THE GLOBAL CLIMATE CHANGE AGENDA

    Directory of Open Access Journals (Sweden)

    E. Gladun

    2016-01-01

    Full Text Available The article presents an overview and analysis of international legal regulations on climate change. The authors examine how the international regime related to climate change has evolved in multilateral agreements. A special focus is put on the principle of common but differentiated responsibilities which became the basis of discord among states in discussing targets and responsibilities in climate change mitigation. The authors note that in 2015 the international climate change regime entered a new stage where the most important role is determined for developing countries, both in the legal and in the financial infrastructure, and in the formation of an international climate change policy.The importance of the participation of Brazil, Russia, India, China, and South Africa (BRICS in an international climate change regime has been recognized for some time. The article describes the policy and regulations on climate-related issues in BRICS. The authors compare the key actions and measures BRICS have taken for complying with international climate change documents. They highlight that global climate change action cannot be successful without BRICS countries’ involvement. BRICS must therefore make adequate efforts in emissions reduction measures and significant commitments in respect of the international climate change regime. The authors propose three major steps for BRICS to take the lead in dealing with climate change. First, BRICS need to foster further discussion and cooperation on climate issues and work out an obligatory legal framework to fight climate change collectively as well as unified legislation at their domestic levels. Second, Russia and other BRICS countries have the potential to cooperate in the field of renewable energy through the exchange of technology, investment in the sector, and the participation of their energy companies in each other’s domestic market. Assuming Russia will support the development and enhancement of

  19. Corporate Characteristics, Political Embeddedness and Environmental Pollution by Large U.S. Corporations

    Science.gov (United States)

    Prechel, Harland; Zheng, Lu

    2012-01-01

    Organizational and environmental sociology contain surprisingly few studies of the corporation as one of the sources of environmental pollution. To fill this gap, we focus on the parent company as the unit of analysis and elaborate environmental theories that focus on the organizational and political-legal causes of pollution. Using a compiled…

  20. Overcoming Legal Limitations in Disseminating Slovene Web Corpora

    Directory of Open Access Journals (Sweden)

    Tomaž Erjavec

    2016-09-01

    Full Text Available Web texts are becoming increasingly relevant sources of information, with web corpora useful for corpus linguistic studies and development of language technologies. Even though web texts are directly accessable, which substantially simplifies the collection procedure compilation of web corpora is still complex, time consuming and expensive. It is crucial that similar endeavours are not repeated, which is why it is necessary to make the created corpora easily and widely accessible both to researchers and a wider audience. While this is logistically and technically a straightforward procedure, legal constraints, such as copyright, privacy and terms of use severely hinder the dissemination of web corpora. This paper discusses legal conditions and actual practice in this area, gives an overview of current practices and proposes a range of mitigation measures on the example of the Janes corpus of Slovene user-generated content in order to ensure free and open dissemination of Slovene web corpora.

  1. Legal aspects of the nuclear fuel cycle and the final storage in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Strassburg, W.

    1983-01-01

    The public discussion on ''the waste disposal of German nuclear power plants'', is, in contrast to former political arguments, more and more determined by legal questions, as for instance the suitability for licensing compact storage and central intermediate storage for spent fuel elements. A quick and partly already occurred clarification of these legal questions by the courts guarantees that the storage facilities, which are planned or are under construction, are available in time. The implementation of the technical-scientific management and disposal concept of nuclear waste in the Atomic Energy Act according to the fourth amendment of 1976 has, on principle, been successful, even if hereby partly open legal questions arose. The clarification of these questions is among other things provided in the framework of the legal regulations, still to be expected, by means of the legal authorization in paragraph 12, paragraph 1, No. 8 and 9 of the Atomic Energy Act, which have the aim ''to regulate the disposal and radioactive wastes comprehensively. (orig./HP) [de

  2. Still not at Ease : Corruption and Conflict of Interest in Hybrid Political Orders

    NARCIS (Netherlands)

    Feikema, E.T.

    2015-01-01

    Corruption is considered to be predominantly a problem in ‘developing’ countries, for which a more neutral notion is: ‘hybrid political order’ (HPO). According to the Western view, corruption is a breach of the trustworthiness of public, or private, institutions that have a legal status. The view

  3. A novel dataset on legal traditions, their determinants, and their economic role in 155 transplants

    Directory of Open Access Journals (Sweden)

    Carmine Guerriero

    2016-09-01

    Full Text Available The law and the economy are deeply influenced by the legal tradition or origin, which is the bundle of institutions shaping lawmaking and dispute adjudication. The two principal legal traditions, common law and civil law, have been transplanted through colonization and occupation to the vast majority of the jurisdictions in the world by a group of European countries. Here, I illustrate a novel dataset recording the lawmaking institution employed by 155 of these jurisdictions at independence and in 2000 and four discretion-curbing adjudication institutions adopted by 99 of these “transplants” at the same two points in time. Contrary to the “legal origins” scholars׳ assumption, 25 transplants changed the transplanted lawmaking institution and 95 modified at least one of the transplanted lawmaking and adjudication rules. In “Endogenous Legal Traditions” (Guerriero, 2016a [12], I document that these reforms are consistent with a model of the design of legal institutions by societies heterogeneous in their endowment of both the extent of cultural heterogeneity and the quality of the political process. In “Endogenous Legal Traditions and Economic Outcomes” (Guerriero, 2016b [13] moreover, I show the relevance of considering legal evolution and the endogeneity between legal traditions and economics outcomes. The data illustrated here also include the proxies for the determinants of legal evolution I use in “Endogenous Legal Traditions” (Guerriero, 2016a [12] and the novel measure of economic outcomes I employ in “Endogenous Legal Traditions and Economic Outcomes” (Guerriero, 2016b [13].

  4. Zimbabwean Politics in the Post-2013 Election Period

    Directory of Open Access Journals (Sweden)

    Brian Raftopoulos

    2014-01-01

    Full Text Available The 2013 elections in Zimbabwe confirmed the grip of Mugabe and ZANU-PF on Zimbabwean politics. The electoral outcome was the result of a combination of factors that included not only the longterm legacy of ZANU-PF’s coercive politics, constructed through a radical nationalist discourse, but also the changes in the social structure of the country as a result of the reconfiguration of Zimbabwe’s political economy since the late 1990s. In the aftermath of the 2013 elections, the enormous economic constraints confronting the country have forced the Mugabe regime to take a more conciliatory tone as it seeks to re-engage with the West in the search for economic assistance. In its attempts to find a path through these economic challenges, ZANU-PF must also contend with the growing battle for succession within the party as Mugabe’s rule draws to an end.

  5. Collision Course: Embracing Politics to Succeed in District-Charter Collaboration

    Science.gov (United States)

    Jochim, Ashley; Yatsko, Sarah; Opalka, Alice

    2018-01-01

    Many who attempt district-charter collaboration point to "politics" as a constraint that affects their work, but little is understood about why some collaborations enjoy broad support while others become mired in conflict. Drawing upon CRPE's multiyear study of district-charter collaborations in dozens of cities as well as research on…

  6. The Clean Development Mechanism as a governance problem. Compensate deficits as well as Europe legal and international legal further progress of climate protection regarding to Copenhagen and Cancun; Der Clean Development Mechanism als Governance-Problem. Steuerungsdefizite sowie europarechtliche und voelkerrechtliche Weiterentwicklungen des Klimaschutzes nach Kopenhagen und Cancun

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix; Exner, Anne-Katrin [Rostock Univ. (Germany). Forschungsgruppe Nachhaltigkeit und Klimapolitik

    2011-04-15

    The authors of the contribution analyze the developments in law, legal interpretation issues as well as climate political and development political effects of the Clean Development Mechanism (CDM) as an element of transnational climate change law which is associated with the states and emission trading (ETS). In the basic intention CDM shall achieve a climate-neutral reduction of costs of climate policy at the simultaneous promotion of development political goals where industrial countries may provide their global or European targets of reduction in part by means of measures in emerging or developing countries rather than by means of local climate protection. However, the specific CDM projects prove to be questionable with respect to the climate policy and development policy. This also is related to enforcement problems that represent a variant of the general environment legal problem of the latent 'interest identity of inspectors and controlled persons'. The proposed European legal and the possible international (land use related) developments of the CDM since 2013 and currently in Cancun probably will not change essentially the fundamental but intensify it even more. With all that, at the same time a kind of exemplary governance analysis arises in the context of the ETS by means of one essential part of its aspects - as well as generally in the context to the perspectives of climate policy according to Cancun.

  7. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective

    Directory of Open Access Journals (Sweden)

    Bambang Sutrisno

    2016-06-01

    Full Text Available The Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum  at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country. How To Cite: Sutrisno, B. (2016. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective. Rechtsidee, 3(1, 41-52. doi:http://dx.doi.org/10.21070/jihr.v3i1.131

  8. How Internal Political Efficacy Translates Political Knowledge Into Political Participation

    Science.gov (United States)

    Reichert, Frank

    2016-01-01

    This study presents evidence for the mediation effect of political knowledge through political self-efficacy (i.e. internal political efficacy) in the prediction of political participation. It employs an action theoretic approach—by and large grounded on the Theory of Planned Behaviour—and uses data from the German Longitudinal Election Study to examine whether political knowledge has distinct direct effects on voting, conventional, and/or unconventional political participation. It argues that political knowledge raises internal political efficacy and thereby indirectly increases the chance that a citizen will participate in politics. The results of mediated multiple regression analyses yield evidence that political knowledge indeed translates into internal political efficacy, thus it affects political participation of various kinds indirectly. However, internal political efficacy and intentions to participate politically yield simultaneous direct effects only on conventional political participation. Sequentially mediated effects appear for voting and conventional political participation, with political knowledge being mediated by internal political efficacy and subsequently also by behavioural intentions. The mediation patterns for unconventional political participation are less clear though. The discussion accounts for restrictions of this study and points to questions for answer by future research. PMID:27298633

  9. CHALLENGES FOR TODAY’S RUSSIAN POLITICAL ELITE, AND WAYS TO ADDRESS THEM

    Directory of Open Access Journals (Sweden)

    Ф И Шарков

    2017-12-01

    Full Text Available The authors aimed to conduct a study of the current state and prospects for the development of elitology in Russia, and to identify the public perception of political leaders, which is necessary for federal and regional elites and for improving the efficiency of the state personnel policy, mechanisms for interaction of elites in the social-political space and, thus, for increasing the transparency of power. The authors rely on the political, historical-legal, formal-legal, and structural-functional analytical approaches. Based on the results of the panel expert surveys conducted during the First All-Russian Elitological Congress “Elitology of Russia: The Current State and Prospects for the Development” (2013, Rostov-on-Don and the Second All-Russian Elitological Congress “Elitology and Strategies for the Development of Contemporary Russia” (2016, Rostov-on-Don, the authors reconstruct the general perception of Russian elites by the expert com-munity, and the dynamics of changes in the elite group; identify the public estimates of today’s regional political elites, and a discrepancy between elitism in the traditional sense and the real political power. The comparison of the results of the panel surveys conducted in 2013 and 2016 allowed to combine the findings in the groups: general perception of the Russian elites and the reliability of information about them; estimates of the dynamics of qualitative changes in the elites; measures to promote the development of inter-elite interaction and leadership. The authors made the following conclusions: both public and expert opinions underestimate the elite capital of the ruling groups; there are system symptoms of oligarchization of the elites that tend to use non-democratic means of holding power; there is an obvious task of changing the approaches to assessing and recruiting elites in the current social-political situation in Russia; in 2017, the Russian society is at the crossroads, and the

  10. Aboriginal Education with Anti-Racist Education: Building Alliances across Cultural and Racial Identity Politics

    Science.gov (United States)

    St. Denis, Verna

    2007-01-01

    A critical race analysis could provide both Aboriginal students and their university student advisors with knowledge to understand and potentially challenge the effects and processes of racialization that have historically, legally, and politically divided Aboriginal communities and families. Coalition and alliances can be made within and across…

  11. [Today's meaning of classical authors of political thinking].

    Science.gov (United States)

    Weinacht, Paul-Ludwig

    2005-01-01

    How can classical political authors be actualised? The question is asked in a discipline which is founded in old traditions: the political science. One of its great matters is the history of political ideas. Classic authors are treated in many books, but they are viewed in different perspectives; colleagues do not agree with shining and bad examples. For actualising classic we have to go a methodically reflected way: historic not historicistic, with sensibility for classic and christian norms without dogmatism or scepticism. Searching the permanent problems we try to translate the original concepts of the classic authors carefully in our time. For demonstrating our method of actualising, we choose the French classical author Montesquieu. His famous concept of division of powers is misunderstood as a "liberal" mechanism which works in itself in favour of freedom (such as Kant made work a "natural mechanism" in a people of devils in favour of their legality); in reality Montesquieu acknoledges that constitutional und organisational work cannot stabilise themselves but must be found in social character and in human virtues.

  12. The political economy of emissions trading

    International Nuclear Information System (INIS)

    Hanoteau, J.

    2004-06-01

    This thesis is a positive analysis of emissions trading systems' implementation. We explain why allowances are generally granted for free even though normative economic analysis recommends their sale. We show empirically that free tradable permits, source of windfall profit, motivate rent seeking behaviours. The study focuses on the US market for SO 2 emissions allowances. The initial allocation rule resulted from parliamentary discussions that looked like a zero sum game. We formalize it as an endogenous sharing rule, function of lobbying effort, and we test it using political (money) contributions.We analyse theoretically the behaviour of an influenced regulator that has chosen to organize a market for permits and that must still decide on two policy variables: the whole quantity of permits and the way to allocate them initially. We formalize this decisions making process with the common agency model of politics.We show that the choice of an initial allocation rule is not neutral in presence of political market failures (lobbying). The decision to sell the permits or to grant them for free modifies the shareholders' incentive, in a polluting industry, to pressure for or against the reduction of legal emissions.Then, we analyse the public arbitration between the two policy variables when several industrial lobbies play a partially cooperative game for the free permits. The regulator chooses in priority to grant the rights for free rather than to manipulate their quantity, and this constitutes an efficient answer to the political influence. (author)

  13. TOURISM AS A POLITICAL INTERSTATE DIALOGUE

    Directory of Open Access Journals (Sweden)

    Anna Sergeevna Matveevskaya

    2018-01-01

    Full Text Available International tourism in the 21st century is an important factor in the world politics’ development. The growth of tourist flows and the worldwide scale of travels define tourism as part of the overall internationalization process of socio-economic relations. The tourism industry is developing quite stably and efficiently in many countries. National policies should be focused on obtaining the maximum benefit from international cooperation. The importance of international tourism in political discourse emphasizes the creation of international legal acts regulating the tourism industry, as well as different levels of tourist organizations. International tourism in world politics has a special advantage in resolving disagreements between states. The role of tourism in shaping the image and prestige of the country is noted. Russia’s participation in international tourism projects is a source of cultural, social and economic development. Interstate tours contribute to the development of cultural tourism into the sustainable development policies of countries and regions. A positive trend is the consent of the foreign partners on the inclusion of Russian tourist destinations in the perspective of cultural routes. Purpose. Determination of the political role of tourism in interstate relations. Methodology in article theoretical analysis and descriptive method were used. Results: international tourism in the XXI century is one of the most important factor in world politics. Practical implications. The results of the research can serve as a basis for the further development and improvement of interstate relations by means of tourism.

  14. Networks of power in digital copyright law and policy political salience, expertise and the legislative process

    CERN Document Server

    Farrand, Benjamin

    2014-01-01

    In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and c...

  15. A Political, Economic, Social, Technology, Legal and Environmental (PESTLE Approach for Risk Identification of the Tidal Industry in the United Kingdom

    Directory of Open Access Journals (Sweden)

    Athanasios Kolios

    2013-09-01

    Full Text Available This paper presents a comprehensive analysis of renewable and especially tidal energy through a political, economic, social, technology, legal and environmental (PESTLE analysis approach and by reviewing the most up to date relevant literature. The study focuses on the United Kingdom given the favourable environmental resources for such technologies; the number of different design concepts that are currently under development as well as the research funding that has been invested over the last few years. Findings of the analysis identify the risks and multiple stakeholders involved at all stages of the tidal energy projects development from the conceptualization of the design, right through to decommissioning. Many of the stakeholders present benefits to the tidal developers through funding, incentives and knowledge sharing, but at the same time they also present potential risks to the future of projects. This is mostly down to different approaches of the most important aspect of tidal energy that needs to be considered, making it hard for technologists and developers to equally address all requirements. From this research it can be concluded that several of these risks can be mitigated early on providing that particular stakeholders are involved at the correct stage of a project.

  16. Drones y el orden legal internacional. Tecnología, estrategia y largas cadenas de acción

    Directory of Open Access Journals (Sweden)

    Jochen Kleinschmidt

    2015-08-01

    Full Text Available The main thesis of this article is that the increasing recourse to the use of unmanned aerial systems in asymmetric warfare and the beginning routinization of U.S. drone operations represent part of an evolutionary change in the spatial ordering of global politics. Using a heuristic framework based on actor-network theory, it is argued that practices of panoptic observation and selective airstrikes, being in need of legal justification, contribute to a reterritorialization of asymmetric conflicts. Under a new normative spatial regime, a legal condition of state immaturity is constructed, which establishes a zone of conditional sovereignty subject to transnational aerial policing. At the same time, this process is neither a deterministic result of the new technology nor a deliberate effect of policies to which drones are merely neutral instruments. Rather, military technology and political decisions both form part of a long chain of action which has evolved under the specific circumstances of recent military interventions.

  17. The informational turn in food politics: The US FDA's nutrition label as information infrastructure.

    Science.gov (United States)

    Frohlich, Xaq

    2017-04-01

    This article traces the history of the US FDA regulation of nutrition labeling, identifying an 'informational turn' in the evolving politics of food, diet and health in America. Before nutrition labeling was introduced, regulators actively sought to segregate food markets from drug markets by largely prohibiting health information on food labels, believing such information would 'confuse' the ordinary food consumer. Nutrition labeling's emergence, first in the 1970s as consumer empowerment and then later in the 1990s as a solution to information overload, reflected the belief that it was better to manage markets indirectly through consumer information than directly through command-and-control regulatory architecture. By studying product labels as 'information infrastructure', rather than a 'knowledge fix', the article shows how labels are situated at the center of a legally constructed terrain of inter-textual references, both educational and promotional, that reflects a mix of market pragmatism and evolving legal thought about mass versus niche markets. A change to the label reaches out across a wide informational environment representing food and has direct material consequences for how food is produced, distributed, and consumed. One legacy of this informational turn has been an increasing focus by policymakers, industry, and arguably consumers on the politics of information in place of the politics of the food itself.

  18. A Formidable Task: Reflections on obtaining legal empirical evidence on human trafficking in Canada

    Directory of Open Access Journals (Sweden)

    Hayli Millar

    2017-04-01

    Full Text Available This article explores the experiences, challenges and findings of two empirical research studies examining Canada’s legal efforts to combat human trafficking. The authors outline the methodologies of their respective studies and reflect on some of the difficulties they faced in obtaining empirical data on human trafficking court cases and legal proceedings. Ultimately, the authors found that Canadian trafficking case law developments are in their early stages with very few convictions, despite a growing number of police-reported charges. The authors assert it is difficult to assess the efficacy and effects of Canadian anti-trafficking laws and policies due to the institutional and political limitations to collecting legal data in this highly politicised subject area. They conclude with five recommendations to increase the transparency of Canada’s public claims about its anti-trafficking enforcement efforts and call for more empirically-based law reform.

  19. Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts

    Directory of Open Access Journals (Sweden)

    Mohammad Hajizadeh

    2016-08-01

    Full Text Available Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana.

  20. Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.

    Science.gov (United States)

    Hajizadeh, Mohammad

    2016-05-25

    Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens' tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada's black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. © 2016 by Kerman University of Medical Sciences.

  1. Hegemons and their law in the time of the Polish communism. An attempt at a constitutional, legal and philosophical analysis

    Directory of Open Access Journals (Sweden)

    Dawid Bunikowski

    2010-12-01

    Full Text Available The author, developing his theory of hegemony, interprets legal and real actions taken by the Secretaries of the Polish United Workers’ Party: Bierut, Gomułka, Gierek, General Jaruzelski, and by the Party itself. According to the constitutional and legal analysis, the Polish communist Secretaries did not often obey the law which was valid at the time. There are many examples of such actions: from illegal judicial processes „on demand of the authority”, through criminal sanctions as well as civic and real restrictions for members of the political opposition, to unofficial officials’ appointments or political directives/unofficial law of the Party, and marginalization of the due constitutional powers. The most controversial case of the realization of the hegemony law by the Party seems to be the enforcement of the martial law by General Jaruzelski in December 1981.

  2. Nuclear fuel cycle: international market, international constraints and international cooperation

    International Nuclear Information System (INIS)

    Imai, R.

    1977-01-01

    Some of the constraints on the nuclear fuel cycle are ones arising from economic and financial reasons, those caused by uranium resources and their distribution, those arising from technical reasons, issues of public acceptance, and those quite independent of normal industrial considerations, but caused by elements of international politics. The nuclear fuel cycle and the international market, matters of nuclear non-proliferation, and international cooperation are discussed

  3. The current state of play of research on the social, political and legal dimensions of HIV

    Directory of Open Access Journals (Sweden)

    Vera Paiva

    2015-03-01

    Full Text Available This paper offers a critical overview of social science research presented at the 2014 International AIDS Conference in Melbourne, Australia. In an era of major biomedical advance, the political nature of HIV remains of fundamental importance. No new development can be rolled out successfully without taking into account its social and political context, and consequences. Four main themes ran throughout the conference track on social and political research, law, policy and human rights: first, the importance of work with socially vulnerable groups, now increasingly referred to as "key populations"; second, continued recognition that actions and programs need to be tailored locally and contextually; third, the need for an urgent response to a rapidly growing epidemic of HIV among young people; and fourth, the negative effects of the growing criminalization of minority sexualities and people living with HIV. Lack of stress on human rights and community participation is resulting in poorer policy globally. A new research agenda is needed to respond to these challenges.

  4. The current state of play of research on the social, political and legal dimensions of HIV

    Science.gov (United States)

    Paiva, Vera; Ferguson, Laura; Aggleton, Peter; Mane, Purnima; Kelly-Hanku, Angela; Giang, Le Minh; Barbosa, Regina M.; Caceres, Carlos F.; Parker, Richard

    2015-01-01

    This paper offers a critical overview of social science research presented at the 2014 International AIDS Conference in Melbourne, Australia. In an era of major biomedical advance, the political nature of HIV remains of fundamental importance. No new development can be rolled out successfully without taking into account its social and political context, and consequences. Four main themes ran throughout the conference track on social and political research, law, policy and human rights: first, the importance of work with socially vulnerable groups, now increasingly referred to as “key populations”; second, continued recognition that actions and programs need to be tailored locally and contextually; third, the need for an urgent response to a rapidly growing epidemic of HIV among young people; and fourth, the negative effects of the growing criminalization of minority sexualities and people living with HIV. Lack of stress on human rights and community participation is resulting in poorer policy globally. A new research agenda is needed to respond to these challenges. PMID:25859715

  5. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  6. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  7. A case study in the politics of free-market health care.

    Science.gov (United States)

    Begun, J W; Lippincott, R C

    1982-01-01

    Historically, most health occupations have developed legal and ethical restrictions on price advertising and other characteristics of "commercial" practice. Many of these regulations recently have come under critical scrutiny, on the grounds that they inhibit free-market health care delivery, thus keeping prices high, and productivity and innovation low. To help inform current health policy deliberations, we analyze the political history of anticompetitive regulations in one health occupation, optometry. Restrictions on commercial practice arose as a result of professional optometry's purge of commercial elements in the 1930s. Optometry's success in achieving commercial-practice restrictions at the state level was determined by the economic structure of the ophthalmic goods and services industry in each state in the 1930s, and by the political resources and organization of the competing interest groups. Efforts to deregulate health occupations will precipate political conflict to the extent that economic interests are threatened. Opposition to deregulation will be based overtly on the grounds that quality of care will deteriorate, and a significant political investment by proponents of free-market health care will be required to overcome such opposition.

  8. Legal and institutional impediments to geothermal energy resource development: a bibliography

    Energy Technology Data Exchange (ETDEWEB)

    1978-01-01

    This bibliography contains 485 references to literature on the subject of legal and institutional constraints to the development and use of geothermal resources. In addition to government-sponsored reports, journal articles, and books, the bibliography includes specific state and Federal laws and regulations, court cases of interest, and conference proceedings. For each reference, abstract or a listing of subject descriptors is given along with the complete bibliographic citation. Corporate, author, subject, and report number indexes are included. (LS)

  9. Did abortion legalization reduce the number of unwanted children? Evidence from adoptions.

    Science.gov (United States)

    Bitler, Marianne; Madeline, Zavodny

    2002-01-01

    The legalization of abortion in the United States led to well-known changes in reproductive behavior, but its effect on adoptions has not been investigated. Variation across states in the timing and extent of abortion legalization is used to identify the effects of changes in the legal status of abortion on adoption rates from 1961 to 1975. These effects are estimated in regression analyses that control for states' economic, demographic and political characteristics, as well as for health care availability within states. The rate of adoptions of children born to white women declined by 34-37% in states that repealed restrictive abortion laws before Roe v. Wade. The effect was concentrated among adoptions by petitioners not related to the child. Legal reforms resulting in small increases in access, such as in cases of rape and incest, were associated with a 15-18% decline in adoptions of children born to nonwhite women; however, this decline may have been due to other changes in the policy environment for such adoptions. Rates of adoption of children born to white women appear to have declined after Roe v. Wade, but this association is not statistically significant. The estimated effect of abortion legalization on adoption rates is sizable and can account for much of the decline in adoptions, particularly of children born to white women, during the early 1970s. These findings support previous studies' conclusions that abortion legalization led to a reduction in the number of "unwanted" children; such a reduction may have improved average infant health and children's living conditions.

  10. Migration, legality, and fertility regulation: Abortion and contraception among migrants and natives in Russia

    Directory of Open Access Journals (Sweden)

    Victor Agadjanian

    2018-04-01

    Full Text Available Background: Migrant-vs.-native differentials in reproductive behavior are typically examined through the prism of socioeconomic and cultural constraints that characterize the migration process and experiences. However, the literature seldom factors in migrant legal status because necessary data is rarely available. Objective: The study seeks to fill this important gap by looking at variations in induced abortion and contraceptive use not only between migrants and nonmigrants but also among migrants of different legal statuses in the Russian Federation. Methods: We use unique survey data collected in urban Russia from Central Asian working migrant women of different legal statuses - regularized vs. irregular - as well as their native counterparts. Binomial and multinomial logistic regressions are fitted to model abortion experience and current contraceptive use and method choice. Results: The results point to higher overall use of abortion among natives, but also to significant differences between migrants with regularized and irregular legal statuses. With respect to contraception, while no variation in overall use between migrants and natives or between migrants of different legal statuses is detected, instructive migrant-vs.-native differences in method choice emerge. Conclusions: The findings underscore the importance of migrants' legal status, along with their other characteristics, for a better understanding of their reproductive behavior and for more effective corresponding policies. Contribution: The study offers pioneering insights into the intersection of migration, legality, and fertility in contemporary Russia and contributes to the cross-national scholarship on migration and reproductive behavior and health.

  11. Environment protection and other political spheres of the European Community

    International Nuclear Information System (INIS)

    Rengeling, H.W.

    1993-01-01

    It has long been known that environment protection is largely a cross-sectional task. The provision of Article 130 r Section 2 Clause 2 of the EEC Treaty that states that environment protection forms an integral part of all the other polticial spheres of the Community is not only a plank in the platform of the Community but also a juridical innovation. Time will tell what concrete legal claims can be derived from this provision, particularly on the part of the European Court of Justice. The lectures relate amongst others to the following topics: Environment protection and competition politics, environment protection and energy poltics, environment protection and development aid politics. Eight of the lectures were abstracted individually. (orig./HSCH) [de

  12. Romanian’s Legislative Elections or Confirmation of the Political Periphery Theory

    Directory of Open Access Journals (Sweden)

    Aurelian Giugăl

    2013-04-01

    Full Text Available Despite a formal liberal-democratic society and a supposed legal-rational authority (according to German sociologist Max Weber’s definition, post-communist Romania has continued to be a semi-peripheral country based on status. The perpetuation of the organization model where the personal status always prevails is the main effect on the parties appeared in post-communist political and economic context, which is basically the same as in interwar and communist periods. Thus parties’ development is closely linked to the charisma of their members, and their connection with the electorate/society has no sense concerning political ideology (as it is dominated by the context and electoral clientelism of short notice – one electoral cycle.

  13. Between Potential, Performance and Prospect: Revisiting the Political Leadership of the EU Commission President

    Directory of Open Access Journals (Sweden)

    Henriette Müller

    2016-06-01

    Full Text Available This contribution argues that although the latest EU treaties formalized the Commission presidency to substantial degree, it remains a constitutionally weak office for the provision of political leadership. The capacity to lead thus still strongly depends on the individual incumbent. As a first step, the article examines the legal-procedural structure of the office before and after the Lisbon Treaty came into force. Secondly, it analyzes the political leadership performance of the Commission president José Barroso in comparison with his predecessor Jacques Delors. In bridging formal institutional rules with concrete performances this article contributes to the understanding of the relationship between structure and agency in international institutions as well as to the growing literature on political leadership in the European Union.

  14. New constraints in absorptive capacity and the optimum rate of petroleum output

    Energy Technology Data Exchange (ETDEWEB)

    El Mallakh, R

    1980-01-01

    Economic policy in four oil-producing countries is analyzed within a framework that combines a qualitative assessment of the policy-making process with an empirical formulation based on historical and current trends in these countries. The concept of absorptive capacity is used to analyze the optimum rates of petroleum production in Iran, Iraq, Saudi Arabia, and Kuwait. A control solution with an econometric model is developed which is then modified for alternative development strategies based on analysis of factors influencing production decisions. The study shows the consistencies and inconsistencies between the goals of economic growth, oil production, and exports, and the constraints on economic development. Simulation experiments incorporated a number of the constraints on absorptive capacity. Impact of other constraints such as income distribution and political stability is considered qualitatively. (DLC)

  15. Scientific, legal and socio-political dimensions in radioactive waste management

    International Nuclear Information System (INIS)

    Dicus, G.J.

    2000-01-01

    Since the beginning of the twentieth century, research and development in the field of nuclear science and technology have led to wide scale applications in research, medicine and industry, and in the generation of electricity by nuclear fission. In common with certain other human activities, these practices generate waste that requires management to ensure the protection of human health and the environment now, and in the future, without imposing undue burdens on future generations. Radioactive waste may also result from the processing of raw materials that contain naturally occurring radionuclides. To achieve the objective of safe radioactive waste management requires an effective and systematic approach within a legal framework in each of our countries, in which the roles and responsibilities of all relevant parties are defined. Each Member State needs to have a national framework that sets forth the necessary and sufficient elements and requirements for radioactive waste management. It is clear that the international nuclear community has a sincere collective interest in establishing and implementing a sound infrastructure to safety manage our legacy and future spent nuclear fuel and radioactive waste inventories, and we recognize that it is our international responsibility to safely manage radioactive waste in a way that reasonably ensures adequate protection to our workers, our public and our environment for our present and for future generations. Clearly communicating our thoughts and processes to the public; involving them through formal participation mechanisms and demonstrating a willingness to be open to constructive criticism, are elements that are essential to effective and successful regulation and implementation. These interactions with vested parties and with members of the public will provide early signals regarding the dominant interests and concerns of those individuals and communities that will be directly or indirectly impacted by the action

  16. Deflecting the Political in the Visual Images of Execution and the Death Penalty Debate

    Science.gov (United States)

    George, Diana; Shoos, Diane

    2005-01-01

    Examining a range of visual images of executions, both legal (the executions of convicted murderers) and extralegal (the lynchings of innocent African Americans), in still photographs and in Hollywood films, the authors suggest that while such images may flatten and neutralize the popular debates and politics surrounding the issues, this is not…

  17. Legal Aspects of the Financing of Religious Groups in Spain

    Directory of Open Access Journals (Sweden)

    ÓSCAR CELADOR ANGÓN

    2014-06-01

    Full Text Available The purpose of this paper is to analyze the Spanish public polices in the financing of churches and religious organizations. According to this approach, and taking in account that the Spanish legal frame lack of a common regulation for all religious groups, this paper aims to provide analysis of the following issues: the constitutional principles of the Spanish political system relevant to the religious freedom, the cooperation agreements between the State and the religious groups, and the economic and fiscal regime of the Catholic Church and the religious minorities.

  18. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  19. Development and Delivery of Coursework: The Legal/Regulatory/Policy Environment of Cyberforensics

    Directory of Open Access Journals (Sweden)

    John W. Bagby

    2006-06-01

    Full Text Available This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through cyber-forensic techniques. This paper discusses different pedagogies that can be used (including project teams, research and writing assignments, student presentations, case analyses, class activities and participation and examinations, evaluation methods, problem-based learning approaches and critical thinking analysis. A survey and evaluation is provided of the growing body of applicable print and online materials that can be utilized. Target populations for such a course includes students with majors, minors or supporting elective coursework in law, information sciences, information technology, computer science, computer engineering, financial fraud, security and information assurance, forensic aspects of cyber security, privacy, and electronic commerce.

  20. RECENT CHANGES TO THE RULES GOVERNING THE LEGAL STATUS OF FOREIGN NATIONALS IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Monica-Florentina POPA

    2014-05-01

    Full Text Available The past decade has seen an unprecedented surge in the number of people leaving their home countries in search of economic prosperity, freedom, happiness etc., and settling – permanently or temporarily – on the territory of another state. The rights and obligations of these foreign nationals (or “third-country nationals” in EU legal jargon define their legal status and constitute – in the case of European Union – a matter that concerns both the Union and its member states. The present article endeavors a brief analysis of the recent changes to the main statutory instruments governing the legal status of foreign nationals in Romania, introduced mainly due to necessity of implementing various EU regulations into domestic law. The analysis will not be limited to a strictly legalistic approach, recent national and international political and economic trends will also be taken into consideration to better explain law in context.

  1. Enhancing Political Will for Universal Health Coverage in Nigeria.

    Science.gov (United States)

    Aregbeshola, Bolaji S

    2017-01-01

    Universal health coverage aims to increase equity in access to quality health care services and to reduce financial risk due to health care costs. It is a key component of international health agenda and has been a subject of worldwide debate. Despite differing views on its scope and pathways to reach it, there is a global consensus that all countries should work toward universal health coverage. The goal remains distant for many African countries, including Nigeria. This is mostly due to lack of political will and commitment among political actors and policymakers. Evidence from countries such as Ghana, Chile, Mexico, China, Thailand, Turkey, Rwanda, Vietnam and Indonesia, which have introduced at least some form of universal health coverage scheme, shows that political will and commitment are key to the adoption of new laws and regulations for reforming coverage. For Nigeria to improve people's health, reduce poverty and achieve prosperity, universal health coverage must be vigorously pursued at all levels. Political will and commitment to these goals must be expressed in legal mandates and be translated into policies that ensure increased public health care financing for the benefit of all Nigerians. Nigeria, as part of a global system, cannot afford to lag behind in striving for this overarching health goal.

  2. Rethinking State Politics: The Withering of State Dominant Machines in Brazil

    Directory of Open Access Journals (Sweden)

    André Borges

    2007-03-01

    Full Text Available Research on Brazilian federalism and state politics has focused mainly on the impact of federal arrangements on national political systems, whereas comparative analyses of the workings of state political institutions and patterns of political competition and decision-making have often been neglected. The article contributes to an emerging comparative literature on state politics by developing a typology that systematizes the variation in political competitiveness and the extent of state elites’ control over the electoral arena across Brazilian states. It relies on factor analysis to create an index of “electoral dominance”, comprised of a set of indicators of party and electoral competitiveness at the state level, which measures state elites’ capacity to control the state electoral arena over time. Based on this composite index and on available case-study evidence, the article applies the typological classificatory scheme to all 27 Brazilian states. Further, the article relies on the typological classification to assess the recent evolution of state-level political competitiveness. The empirical analysis demonstrates that state politics is becoming more competitive and fragmented, including in those states that have been characterized as bastions of oligarchism and political bossism. In view of these findings, the article argues that the power of state political machines rests on fragile foundations: in Brazil’s multiparty federalism, vertical competition between the federal and state governments in the provision of social policies works as a constraint on state bosses’ machine-building strategies. It is concluded that our previous views on state political dynamics are in serious need of re-evaluation.

  3. The impact of political culture on the functioning of democracy: analysis of ideas of Alexis de Tocqueville

    Directory of Open Access Journals (Sweden)

    I. I. Prokopchuk

    2014-09-01

    Full Text Available Based on the works of the French scientist A. de Tocqueville analyzed systematically constructive and destructive influence on political culture and the institutionalization of democracy in the society. In Tocqueville’s works may be divided into 2 patterns of political culture: a American liberal-democratic; b French authoritarian. Generalized thinker idea of values, based on which the American political culture of his time as follows: 1. Man put on an equal footing with the public. 2. Spread «spirit of the law» for all American society in general. 3. Understanding people, which is the main subject of politics and power source, as a combination of highly developed, independent, self-sufficient individuals. 4. Policy - one of the areas of self-realization and even for the average individual. In the system of value orientations policy covers the Americans first place or not. 5. Antypaternalizm in settings in which people, to the government and its agencies include disbelief, with potential worries, turning to government assistance only when absolutely can not do without it. 6. Social life is characterized by pluralism. In civil Sus-ety, there are many «power points» impact on the state by the parties, associations, media, opposition. 7. The political behavior of Americans is characterized by an open, constructive. A common policy is not the only type of collective participation (through parties and associations, but also individual. 8. The tendency of American political culture to the center, which was manifested in the unpopularity of political extremism as a type of political behavior on the part of leaders, parties, mass. 9. Legitimate functioning of the political opposition. This opposition political organizations in the United States in peace and enjoy his political activities only through legal means. 10. Formation of «money» elite and its deliberate removal of professions-term politics. Generalized Tocqueville features that define

  4. U.S. spent nuclear fuel management: Political, fiscal, and technical feasibility

    International Nuclear Information System (INIS)

    Singer, Clifford

    2013-01-01

    Successful U.S. spent nuclear fuel management policy must satisfy political, fiscal, and technical constraints. Technical requirements have been thoroughly investigated in the United States and Nordic countries for volcanic tuff, salt, and granite. Fiscal planning requires an inflation-adjusted revenue stream and predictable real interest rate earnings on fund balances. A prompt solution satisfying political constraints requires compromise between the overlapping but distinct goals of seven different sets of interests at the federal level. Absent such compromise, there will be delay until sufficient support for one of three strategies evolves: (1) force the Yucca Mountain repository on Nevada, (2) open a centralized storage facility without coupling to repository licensing, or (3) follow a “consent-based” process for repository licensing. Formulations of each of these strategies to overcome impediments to their success are described. - Highlights: • U.S. spent nuclear fuel policy has been at an impasse. • No compromise on Yucca Mountain is at hand. • Yucca only, new repository, or no repository are options. • Success with each is more likely with sounder financing

  5. Incitement to Genocide against a Political Group: The Anti-Communist Killings in Indonesia

    Directory of Open Access Journals (Sweden)

    Annie Elizabeth Pohlman

    2014-08-01

    Full Text Available Genocide and mass atrocities can be seen as the culminative result of extreme social exclusion. Two of the critical steps on the path to genocidal persecution are the isolation and exclusion of a particular group and the mobilisation and incitement of perpetrators. This paper examines the case of the 1965-1966 massacres in Indonesia in light of these two incipient stages of genocide. First, I discuss the Indonesian killings of 1965-1966 by situating them within the conceptual and legal understandings of genocide and argue that those persecuted belonged predominantly to a defined political group, that is, members and associates of the Indonesian Communist Party (PKI. I argue that the exclusion of political groups from the legal definition of genocide given in the UN Convention on Genocide is unsupportable when examined both within the context that it was created and the greater conceptual understandings of genocide studies. To support this argument, I then outline the political situation in Indonesia prior to the 1 October 1965 coup and explain how the country went through a process of political pillarisation, effectively creating the conditions for the creation and then eradication of the Left in Indonesia. In the final part of the paper, I examine how these killings were incited. I argue that hate propaganda was used against the PKI and its supporters by the main perpetrators of the massacres, the Indonesian military, to incite a popular, genocidal campaign. As a result of this hate-propaganda campaign, Leftists in Indonesia experienced extreme forms of dehumanisation and social death which, in turn, facilitated their eradication.

  6. Militarised Safety: Politics of Exclusion

    Directory of Open Access Journals (Sweden)

    Ayesha Sarfraz

    2017-02-01

    Full Text Available Warfare and armed conflict have evolved radically with the advent of technology and perhaps most importantly, with globalization. Unlike the West, which has come to terms with violence through constant memorialization, multidisciplinary discourse and legislature, cities in the developing world lack audible intellectual trajectories. Therefore, studies on the merits of the non-Western conditions of conflict must take into account the complex structures of organization of society, politics, religion and ethnicities, as a result of the globalization of violence. Developing and less politically stable countries like Pakistan, on the other hand, are losing urban space through attacks from the perpetrators and yet more so from the state as the literal subtraction of the public realm gets framed as security measures Whereas international law states that during times of war, civilian rights can be legally suspended - in Pakistan that suspension has shifted into a state of temporariness without prescribed limits. This paper looks at urban space in the developing world as a dual site of the threat and the threatened while questioning the effectivity of security apparatus that have become the foundations for design of the contemporary city.

  7. Penerapan Bauran Pemasaran Dan Political Will Pemerintah Pada Industri Batik Bomba Di Kota Palu

    OpenAIRE

    Suriyani, Suriyani

    2016-01-01

    The aims of this study are: to define and analyze marketing mix implemented in bomba batik industry in Palu city, to define and analyze the government political will on bomba batik industry in Palu City, and explore constraints and supporting factors on the implementation of marketing mix by batik bomba entrepreneurs and political will of the local government. The result of this research shows that: 1) marketing mix strategy that include product, price, place, and promotion, has been known an...

  8. CONCEPTUALIZING AUTHORITY OF THE LEGALIZATION OF INDONESIAN WOMEN’S RIGHTS IN ISLAMIC FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Abu Rokhmad

    2017-12-01

    Full Text Available Various studies on Islamic family law (IFL in Indonesia demonstrate an enduring paradigm of patriarchal culture both in ideas and practical applications. This is a logical consequence of the attempts to enact the traditional Islamic doctrines in modern law. The domination of this culture in the IFL, that has resulted in the discrimination against women in Indonesia, has reached the alarming level calling for revision. The reform attempts also are needed in other other derivative legal products, such as local sharia regulation. All these efforts are needed in order to ensure justice and equal rights of children and women. This paper attempts to conceptualize a construction of patriarchal authority in legalizing the rights, role, and status of gender in Indonesia. The finding reveals that reconstruction of authority in the modern legislation of Islamic Family Law should be started with ensuring the equal rights of women both in the legal and judicial aspects. This requires involving women in an appropriate proportion within the making of public policy, family law legislation. Another needed strategy is advocacy of women's rights in order to avoid legal gender bias due to the political and legislative authorities dominated by male group.

  9. Medicaid and the politics of groups: recipients, providers, and policy making.

    Science.gov (United States)

    Kronebusch, K

    1997-06-01

    There is a substantial heterogeneity of interests within the Medicaid program. Its major beneficiary groups include the elderly, people with disabilities, children in low-income families, and adults receiving Aid to Families with Dependent Children. Providers who deliver medical services to these recipients represent another set of potential claimants. These groups are likely to be treated differently by the politics that affect the design and management of the Medicaid program. The Medicaid recipient groups vary in several important dimensions: First, the groups differ politically, a dimension that includes their political participation, their relationships to parties and electoral coalitions, the images they present to other political actors, and the legacy of public policies that affect them. Second, the groups have different medical and social needs. Third, the groups differ with respect to economic constraints, including the political economy of labor markets and of government spending programs, and they have differing relationships to the various types of medical providers. The medical providers are themselves political actors with a variety of characteristics that create political advantages relative to recipients, although there is also diversity among providers. The politics of the Medicaid program involves more than simply technical decisions about eligibility, coverage of medical services, reimbursement, and the implementation of managed care initiatives. Instead the differences between the program's multiple claimants are an important element of current Medicaid politics and the likely path of future reforms.

  10. Hmong Across Borders or Borders Across Hmong? Social and Political Influences Upon Hmong People

    Directory of Open Access Journals (Sweden)

    Prasit Leepreecha

    2014-12-01

    Full Text Available The Hmong are a transnational ethnic people, because of their dispersal from China into Southeast Asia in the early 19th century and from Southeast Asia to Western countries from 1975 onward. However, even within the context of Southeast Asia and southern China, the Hmong are a transnational ethnic group, due to state boundaries and the enforcement of international laws.Scholars speak as though the Hmong population has crossed political and legal borders by their movement across state boundaries and international borders. However, I argue that it is the political, social, and legal borders that have cut across the Hmong people and subjected them to be citizens of different modern nation-states. Even in the present time, these borders still, and continuously, play important roles that cross and divide the Hmong people into distinctive subgroups and fragments. In this article, I will start by describing the generally understood situation of Hmong being across national borders, and then will explain my argument that borders are across the Hmong.

  11. What is legal medicine--are legal and forensic medicine the same?

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

    Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

  12. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    we believe, an opportunity to analyze the formation of the ideal of legal personality. Paper objective. Thus, the purpose of this article is analysis and systematization of philosophical views on the issue of forming the ideal of legal personality in Russian philosophy of law, limited by the late 19th - early 20th century During this period, leading philosophers and jurists come to the conclusion that the existence and development of the law governed state should be based on a legal personality. Taking into account the diversity of interpretations of liberal concepts, we begin with a brief description of the charms of liberal ideas, find out the core values that inspire these concepts and focus on the source of political programs and core values - individual autonomy. Paper main body. As it is known, liberalism is a dynamic system that responds to changes in social life and is transformed according to the new reality. Liberal concepts of the thinkers of that time give us the opportunity to realize what freedom, equality and human rights are inviolable condition for the individual existence of human being, laying the values and guidance in the legal consciousness of a person and promoting an individual’s recognition of law as the main regulator of social relations, aimed at protecting and strengthening the autonomy (which directly is an ideal basis for development of a legal personality. Conclusions of the research. Thus, the abovementioned allows us to understand the significance of liberal ideas for building a modern ideal model of legal personality, formed on a combination of the spiritual and legal ideals and values. The importance of the concepts of representatives of Russian liberalism is determined by existence of: 1 the idea of equality, which in turn becomes a conceptual basis in shaping of legal personality (after all, the basic values help to reveal the inner depth (essence of the personality, thereby reducing it to the level of subject, on whose

  13. Legal Central Bank Independence and Inflation in Latin America During the 1990s

    OpenAIRE

    Luis Ignacio Jácome

    2001-01-01

    This paper reviews central banks' legal reform in Latin America during the 1990s and discusses the status of central bank independence in the region. Based on this information, it builds a simplified index of central bank independence which, in addition to the commonly used criteria of political and economic independence, incorporates provisions of central banks' financial autonomy, accountability, and lender-of-last-resort. The paper finds a moderate negative correlation between increased ce...

  14. Political and Legal Bases of Foreign Policy Activity of the European Union in the Region of Central Asia

    Directory of Open Access Journals (Sweden)

    Turdimurat M. Tursunmuratov

    2017-10-01

    Full Text Available The author analyses the European Union’s foreign policy in Central Asia. He indicates the basic tendencies of development of the EU cooperation with the countries of Central Asian region. Further, the author analyzes the implementation of joint projects within the framework adopted by the Partnership Agreements. Based on a critical analysis, the researcher highlights a number of constraints to effective development of relations between the EU and Central Asian states. He carries out a structural analysis of conceptual documents of the European Union for the development of bilateral and multilateral relations with Central Asian countries in the region. Scientific novelty of this work lies in the systematization of stages in the evolution of relations between the European Union and the countries of Central Asia. The author divides the formation of cooperation into four main stages. The first stage of the relations between the EU and the countries of Central Asia includes conceptual framework of the legal regulatory structure of bilateral and multilateral cooperation. The second stage is characterized by the realization of a number of joint projects in the field of transport communications, democratic transformations, regional security and stability. The third stage of the relations is determined by acquiring of special geographical significance of the region of Central Asia resulting from the engagement of the International Security Assistance Force in Afghanistan in 2001. The fourth stage has begun in 2015 with the adoption of the EU Strategy for a New Partnership with Central Asia for 2017-2021. These studies serve as a basis for developing some important proposals and recommendations for the improvement of the effectiveness of cooperation between the parties.

  15. Legal problems concerning the export of nuclear power plants

    International Nuclear Information System (INIS)

    Pierer, Heinrich von.

    1977-01-01

    The legal problems raised by the export of nuclear power plants may be divided into three main categories: nuclear operator's liability for nuclear damage, the consequences for the supplier of the licensing requirements in the national laws of the buyer country and finally, the constraints of applying non-proliferation safeguards on export of nuclear equipment. As regards the third party liability regime in particular, the difficulties lie essentially in the insufficiency of the definition of the nuclear operator and the lack of harmonization in, or even the absence of national laws in this field. (NEA) [fr

  16. Political intersections between HIV/AIDS, sexuality and human rights: a history of resistance to the anti-sodomy law in India.

    Science.gov (United States)

    Ramasubban, R

    2008-01-01

    The HIV/AIDS epidemic in India has posed unprecedented challenges to both state and society, to question prevailing constructions of patriarchal gender relations and heteronormativity. Response to the challenge has come not from the political and social mainstream but from the criminalised "margins": people of alternative sexualities, who have launched a struggle for reform of the anti-sodomy law, Section 377 of the Indian Penal Code. This article documents the history of this movement, and identifies the multiple national and global-level cultural, political, and economic strands, shaping it. The legal reform movement has been invaluable as a tool to mobilise disparate alternative sexualities groups around a common strategy, thereby forging them into a tenuous national-level "community". Going beyond legal reform in the direction of sexual rights, however, requires a broader coalition of groups, and a broad-based political agenda of sexual rights for all. This agenda must critique patriarchy, dominant masculinity, and sexual violence; forces that together govern both the subordination of women and repression of alternative sexualities.

  17. POLITIK HUKUM DALAM PUTUSAN HAKIM (The Politic of Law in a Verdict

    Directory of Open Access Journals (Sweden)

    Teguh Satya Bhakti

    2016-03-01

      A law (written law was never full, clear and complete set of community life, so it is always lagging behind follows the development of society. To keep abreast of it, the law should always be developed in order to remain update and relevant to the times. Implementation and development of legislation going through the verdict (jurisprudence in the judicial process. In other words, jurisprudence intended as legal development, to meet the legal needs of justice seeker. Implementation of the functions of law enforcement and justice as well as the function of legal discovery (rechtsvinding embodied in a verdict (jurisprudence, should refer to Pancasila as the norm of fundamental state (staatsfundamentalnorm or wisdom / genius of the national (national wisdom / national genius and 1945 as the basic law of the state, so that the decision reflects the sense of justice of the nation and the people of Indonesia as well. It declares a political manifestation of the law in a verdict.

  18. Democracy, political participation and good governance in Nigeria

    Directory of Open Access Journals (Sweden)

    Dare E. Arowolo

    2012-12-01

    Full Text Available The practice of democracy in Nigeria over a decade ago has not yielded much needed good governance. This is because democracy is practiced in such a way that responsible and competent people are scared away. Scholars and keen observers have attempted at unraveling the factors militating against translating democracy into good governance. The paper revealed that democratisation in Nigeria is pervaded by electoral violence, manipulation of election results and political participation constraints. These identified challenges have made it impossible to attain consolidated democracy that can, in turn, facilitate good governance. Democracy is a catalyst for accountability, transparency and responsive government which brings about good governance. The paper insisted that governance collapse in Nigeria is reflexive of the perfunctory role of the political actors and it adopted elite theory to reinforce this argument. The paper adopted content analysis as a means of data gathering. It dwelt extensively on the synergy between democracy, political participation and good governance but queried the artificial gulf between them in Nigeria. It concluded by putting forth viable and pragmatic way forward.

  19. The nuclear regulatory body and the principles of utility, legality and legitimacy

    International Nuclear Information System (INIS)

    Wieland, Patricia; Almeida, Ivan P. Salati de; Almeida, Claudio Ubirajara

    2007-01-01

    The nuclear regulation is justified by the principles of usefulness, legality and legitimacy. Usefulness is defined as the value that regulation adds to the society; legality is when the society manifests its will for regulation and this is done by the laws, establishing the regulatory body scope and responsibilities. Legitimacy is the less evident concept, as it depends more on the public perception and acceptance than on any other parameter. The nuclear regulator credibility depends basically on its autonomy and independence to make decisions. The challenge is to keep neutrality against political and industrial interests and to overcome difficulties such as the lack of objectivity and criteria, lack of specific competence and excess of dependence in individual decisions. This paper deals with the effectiveness of nuclear regulatory bodies and proposes a basic structure of an ideal management model. (author)

  20. The Process of Legal Drafting Regulation in the Development of the Nuclear Power Plant in Indonesia

    International Nuclear Information System (INIS)

    Amil Mardha

    2009-01-01

    In Indonesia, the process of legal drafting to establish the regulation is based on the Act No. 10 Year 2004 on the Establishment of Legislation. The process shall comply with the constitutional and institutional requirements of national political and legal system. In drafting the development of the regulation of nuclear energy, BAPETEN has been involving some other agencies or other related government agencies, and stakeholders such as utility, academic institutions, and publics. In general, in the process of legal drafting, international publications or other country regulations can be a reference and adopted. In the establishment of the regulations of nuclear energy, BAPETEN has issued some Government Regulations and Chairman Regulations of BAPETEN. For nuclear safety of NPP, the regulations have not been completed yet, but some regulations related in the area of siting of NPP have been already available. In this paper, it is discussed the process of the establishment of legislation and of the legal drafting nuclear regulation of NPP, and the current status of NPP regulations. (author)

  1. A New Look at The Right to Privacy: Case Snowden and legal postmodernity

    Directory of Open Access Journals (Sweden)

    José Isaac Pilati

    2014-12-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2014v35n69p281 Edward Snowden was responsible for the disclosure of the data collection program developed by the National Security Agency. This sparked a strong debate on new forms of violation of the right to privacy, which demonstrates the need to adapt the law to the reality resulting from technological innovations. In this new technological context, this article is based on the Snowden case to discuss the political and legal issues of privacy. The doctrinal approach to the topic is updated and proposes a theoretical approach to privacy as collective good in the Legal Theory of Postmodernism, a new paradigm.

  2. A comparison of the legal frameworks supporting water management in Europe and China.

    Science.gov (United States)

    Yang, X; Griffiths, I M

    2010-01-01

    This paper has compared the legal frameworks supporting water management in Europe and China, with special focus on integrated river basin management (IRBM) to identify synergies and opportunities in policymaking and implementation. The research shows that China has committed to the efficient management of water resources through various policy tools during the current period. This commitment, however, has often been interrupted and distorted by politics, resulting in the neglect of socioeconomic and environmental priorities. The European legal framework supporting water management underwent a complex and lengthy development, but with the adoption of the Water Framework Directive provides a policy model on which to develop an integrated and sustainable approach to river basin management, elements of which may help to meet the demands of the emerging 21st century Chinese society on these critical natural resources.

  3. Academic Politics and the History of Criminal Justice Education. Contributions in Criminology and Penology, No. 46.

    Science.gov (United States)

    Morn, Frank

    This book reviews the history of academic criminal justice--the studying and teaching of crime, police, law and legal processes, and corrections--from 1870 to the present. The nine chapters have the following titles: (1) "Introduction: Academic Politics and Professionalism, 1870-1930"; (2) "Progressivism and Police Education,…

  4. Human Rights and the Excess of Identity: A Legal and Theoretical Inquiry into the Notion of Identity in Strasbourg Case Law.

    Science.gov (United States)

    Al Tamimi, Yussef

    2018-06-01

    Identity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court's case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court's use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court's approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms.

  5. The politics of harm reduction in federal prisons.

    Science.gov (United States)

    Watson, Tara Marie

    2014-09-01

    We need to understand better the political barriers to prison-based harm reduction programs. In this paper, I examine the situation in the Correctional Service of Canada (CSC), a federal prison agency with a zero-tolerance drug policy and general opposition to prison needle and syringe programs (PNSPs) and safer tattooing initiatives. This study draws on 16 interviews with former CSC senior officials, former frontline staff, and external stakeholders; CSC policy and practice documents; and testimony from a House of Commons Standing Committee public study. Thematic coding and comparison of texts were used to examine emergent themes of interest. Four interrelated issues were central for understanding the political barriers: a narrower definition of harm reduction used in corrections, both in principle and practice; the Conservative government's tough-on-crime agenda; strong union opposition; and stakeholder perceptions that political constraints will likely persist, including the view that litigation may offer the only way to introduce PNSPs. The system is at an impasse and key questions remain about the importability of harm reduction services into federal prisons. Despite a highly challenging policy environment, moving forward will demand asking new, critical questions and devising more strategic ways of entering the political-operational dialogue that opposes evidence-based programs. Copyright © 2014 Elsevier B.V. All rights reserved.

  6. "Political Propaganda": An Analysis of the U.S. Supreme Court Decision in Meese v. Keene.

    Science.gov (United States)

    Lipschultz, Jeremy Harris

    The United States Supreme Court case, Meese v. Keene, in which the justices narrowly defined the meaning of the term "political propaganda," failed to address adequately the complexities of the issue. In this case it is necessary to bring together divergent views about communications in the analysis of the legal problem, including…

  7. The Erosion of Rights to Abortion Care in the United States: A Call for a Renewed Anthropological Engagement with the Politics of Abortion.

    Science.gov (United States)

    Andaya, Elise; Mishtal, Joanna

    2017-03-01

    Women's rights to legal abortion in the United States are now facing their greatest social and legislative challenges since its 1973 legalization. Legislation restricting rights and access to abortion care has been passed at state and federal levels at an unprecedented rate. Given the renewed vigor of anti-abortion movements, we call on anthropologists to engage with this shifting landscape of reproductive politics. This article examines recent legislation that has severely limited abortion access and maps possible directions for future anthropological analysis. We argue that anthropology can provide unique contributions to broader abortion research. The study of abortion politics in the United States today is not only a rich opportunity for applied and policy-oriented ethnographic research. It also provides a sharply focused lens onto broader theoretical concerns in anthropology and new social formations across moral, medical, political, and scientific fields in 21st-century America. © 2016 by the American Anthropological Association.

  8. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

  9. Legal Pluralism, Private Power, and the Impact of the Financial Crisis on the Global Political Economy

    Directory of Open Access Journals (Sweden)

    Edward S. Cohen

    2013-10-01

    Full Text Available Private corporate actors have played a central role in the construction of the legal rules of globalized capitalism over the past four decades. In no sector has this been more true than in global finance, where private agents have reshaped the norms and practices of credit creation and allocation. The global financial crisis, however, has led many states to challenge aspects of this power and raised broader questions about the legitimacy and future of private power in the global legal order(s. In this paper, I argue that –while state actors have clawed back significant power in global finance– the specific powers of credit creation and allocation combined with the structural pull of transnational legal pluralism will enable major private financial institutions to retain substantial power in the face of these challenges and questions. In the process, I present some broad suggestion about how we can think about private power in the making of global commercial law. Durante las últimas cuatro décadas, actores corporativos privados han desempeñado un papel decisivo en la construcción de las normas legales del capitalismo globalizado. En ningún sector ha sido esto más cierto que en las finanzas globales, donde los agentes privados han reformado las normas y prácticas de la creación de crédito y asignación. La crisis financiera global, sin embargo, ha llevado a muchos estados a cuestionar aspectos de este poder y planteado cuestiones más amplias acerca de la legitimidad y el futuro del poder privado en el/los ordenamiento/s jurídico/s global/es. En este trabajo se sostiene que –mientras que los actores estatales han recuperado un poder significativo en las finanzas globales– los poderes específicos de la creación de crédito y asignación combinados con la fuerza estructural del pluralismo jurídico transnacional permitirán a las principales instituciones financieras privadas retener poder sustancial ante estos retos y preguntas

  10. Rethinking Prefigurative Politics: Introduction to the Special Thematic Section

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    Flora Cornish

    2016-05-01

    Full Text Available This special thematic section responds to the 21st century proliferation of social movements characterised by the slogans ‘another world is possible’ and ‘be the change you want to see’. It explores prefigurative politics as a means of instantiating radical social change in a context of widening global inequalities, climate change, and the crises and recoveries of neoliberal global capitalism. ‘Prefigurative politics’ refers to a range of social experiments that both critique the status quo and offer alternatives by implementing radically democratic practices in pursuit of social justice. This collection of articles makes the case for psychologists to engage with prefigurative politics as sites of psychological and social change, in the dual interests of understanding the world and changing it. The articles bridge psychology and politics in three different ways. One group of articles brings a psychological lens to political phenomena, arguing that attention to the emotional, relational and intergroup dynamics of prefigurative politics is required to understand their trajectories, challenges, and impacts. A second group focuses a political lens on social settings traditionally framed as psychological sites of well-being, enabling an understanding of their political nature. The third group addresses the ‘border tensions’ of the psychological and the political, contextualising and historicising the instantiation of prefigurative ideals and addressing tensions that arise between utopian ideals and various internal and external constraints. This introduction to the special section explores the concept and contemporary debates concerning prefigurative politics, outlines the rationale for a psychological engagement with this phenomenon, and presents the articles in the special thematic section. The general, prefigurative, aim is to advance psychology’s contribution to rethinking and remaking the world as it could be, not only

  11. Politics of a Different Kind: Chinese in Immigration Litigation in the Post White Australia Era

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    Jia Gao

    2011-04-01

    Full Text Available The first mass Chinese immigration to Australia occurred in the 19th century, with approximately 100,000 Chinese arriving between the 1840s and 1901 (Fitzgerald 2007; Ho 2007, during which questions were raised both in relation to the Chinese rights of migration and settlement in Australia, and the validity of the government's actions against the Chinese. The latter question was in fact considered in the colonial courts (Cronin 1993; Lake and Reynolds 2008. Since then, the Chinese in Australia have never shied away from taking various legal actions, although they are normally seen as people who keep to themselves. Australia abandoned its 'White Australia' policy in 1974, and lately Australia has placed more emphasis on skilled and business migration. As a result, many believe that Chinese migrants have come to Australia under its normal skilled, business or family migration programs, which ignores the fact that a high proportion of them have obtained their chance to stay in Australia directly or indirectly through a series of legal battles. This paper contributes to the discussion of the Chinese in Australian political life by looking at how the Chinese have fought in the Courts in the post-White Australia era in past decades, and the key features of their unique experiences. This is a different type of political activism, characterising the lives of many Australian Chinese, their engagement with the Australian political system, and becoming part of the background of their identity, transnationality, socio-political attitudes and behaviour and many other traits.

  12. Brazilian women in politics.

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    Sanders, T G

    1987-01-01

    Women are gradually gaining influence in Brazilian politics, especially since recent advances in the women's movement, but they still play a limited role. There have been journals devoted to feminism and some notable feminists since 1850. In 1932 suffragettes in Brazil gained women the right to vote. Women's associations burgeoned in the 1940s and 1950s, culminating in a peak in number of women in national elected positions in 1965. A repressive military regime reversed the process, which resumed in 1975. 1975 was also significant for the Brazilian women's movement because of the U.N. Women's Year. Several large, influential feminist political action groups were formed, typically by upper class women with leftist views, although some church and union groups from lower classes also appeared. In 1979-1981, the coherence of these groups fell into schism and fragmentation, because of disagreements over the feminist political doctrines and roles, views on legality of abortion, and special interest groups such as lesbians. Another bitter dispute is opposition by leftist women to BEMFAM, the Brazilian Society of Family Welfare, which provides family planning for the poor: leftists oppose BEMFAM because it is supported by funds from "imperialist" countries such as the U.S. There are several types of feminists groups: those that emphasize health, sexuality and violence; those composed of lesbians; those originating from lower classes and unions; publicly instituted organizations. Brazilian law forbids discrimination against women holding public office, but in reality very few women actually do hold office, except for mayors of small towns and a few administrators of the Education and Social Security ministries. Political office in Brazil is gained by clientism, and since women rarely hold powerful positions in business, they are outsiders of the system. Brazilian women have achieved much, considering the low female literacy rate and traditional power system, but their

  13. The Legal Policy Of The General Election As An Independent Commission A Review Of Indonesian Election 2014

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    Josner Simanjuntak

    2015-08-01

    Full Text Available Abstract The Legal Institution of the General Election in Indonesia has an important role in the process of elections to realize the sovereignty of the people. The legal institution is independent as mandated of the Indonesian constitution The 1945 Constitution. In the Election organizers as a chapter of the 1945 Constitution stating that the Election Commission shall be independent and impartial toward participating in the election and political party. However in practice this task is not easy and can be run smoothly it is difficult to maintain a balanced relationship between the participant election commissions. This research is a descriptive analytic one using juridical normative approach to study the legal principles legal synchronization. The technique being used to gather data is librarian research supported by field research using interview and questionnaire technique. The data being gathered are analyzed qualitatively. The result of the research shows that the legal institution the general election in undertaking has not been independent as expected because for institutional and administrative for has not been independence and not impartiality and not professionalism. The rules in the process of elections is it not the election system and achievement of justice.

  14. Does the granting of legal privileges as an indigenous people help to reduce health disparities? Evidence from New Zealand and Malaysia.

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    Phua, Kai-Lit

    2009-11-01

    Both the Maori of New Zealand and the Orang Asli of Malaysia are indigenous peoples who have been subjected to prejudice, discrimination and displacement in its various forms by other ethnic groups in their respective countries. However, owing to changes in the socio-political climate, they have been granted rights (including legal privileges) in more recent times. Data pertaining to the health and socio-economic status of the Maori and the Orang Asli are analysed to see if the granting of legal privileges has made any difference for the two communities. One conclusion is that legal privileges (and the granting of special status) do not appear to work well in terms of reducing health and socio-economic gaps.

  15. Regional Legal Assistance

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    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  16. Ethical and legal issues in caring for asylum seekers and refugees in the UK.

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    Hamill, M; McDonald, L; Brook, G; Murphy, S

    2004-11-01

    Inward migration to the UK remains topical and controversial as numbers continue to increase. Many immigrants have specific health care needs and may shoulder a large burden of infectious disease. Imposition of legal constraints can have a huge impact on the medical care afforded to immigrants. Currently UK policy is to treat, free of charge and with NHS resources, those who fulfil specific criteria. However an increasing number are being asked to pay for their treatment. Many health care professionals are confused as to current legal restrictions and require guidance on the associated ethical issues. We concentrate on provision of care to HIV positive individuals and use cases to illustrate some of the issues. However these issues are equally pertinent to practitioners in all branches of medicine.

  17. GOOD GOVERNANCE DAN PEMBARUAN HUKUM DI INDONESIA: REFLEKSI DALAM PENELITIAN SOSIO-LEGAL

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    Herlambang P. Wiratraman

    2013-03-01

    , formalized, and grew into a dominant political ideals as well as major constitutional and public administration discourse which have rooted in law, policy, and higher education. Like a rooster crowing in the morning, he continued to speak out in the mornings, wide box spawn 'governance, such as 'good forestry governance, 'good financial governance, 'good university governance, and many others. GG, in that context, seems like an appropriate nutrition to overcome the weakness of the Indonesian legal system, corrupt bureaucracy, and the predatoric political leadership. In this regard, it should be viewed more closely, what is actually superiority owned when GG is talked? Obviously, the law is one of the tools to ensure the operation of the mantra in its implementation, and based on master research conducted in 2005-2006, focusing on the issue of the Law Reform by applying a socio-legal approach. As a result, this study gave the fact which is different or even contrary to the ideals of political buildings or formalized or materialized law and policy. For example, one study showed that the GG in the context of legal reform in Indonesia actually very sinister and weakening the guarantee of human rights. Law, especially product of legislation and institutions, as well as itsmachinery transmission are dominant in advocating free market (free market friendly legal reform. Perhaps, the conclusions is not popular in the middle of the noisy speechspelling of GG and its projects. However, Indonesia today shows the continuation of massive corruption, violation of human rights, impunity and all the non protection situation in the Indonesian legal system.

  18. Ativismo judicial: nos limites entre racionalidade jurídica e decisão política Judicial activism: in the limits between legal rationality and political decision

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    Anderson Vichinkeski Teixeira

    2012-06-01

    Full Text Available O presente artigo tem como objetivo encontrar parâmetros para que se possa determinar quando o ativismo judicial deixa o âmbito da argumentação jurídica e se torna instrumento de decisão política. Para tanto tentamos definir um possível conceito de ativismo judicial e as suas origens na tradição jurídica estadunidense. Nesse primeiro momento utilizamos o método histórico analítico para contextualizar historicamente as categorias conceituais em estudo e o momento de surgimento do fenômeno nos Estados Unidos. Em seguida, passamos a estudar, com base no método crítico-comparativo, os elementos fundamentais que caracterizam a racionalidade política e a racionalidade jurídica. Ao final, discutimos as perspectivas para um juiz ativista no Brasil, especialmente quando atue na proteção dos direitos fundamentais e na garantia da supremacia da Constituição. Em termos gerais, nossas conclusões apontam critérios que permitam a definição do que seria um ativismo judicial positivo, em detrimento da sua espécie nociva à saúde da ordem constitucional.This article has as general goal to find parameters in order to determine when the judicial activism leaves the field of legal argumentation and becomes an instrument of political decision. To this end, we started trying to define a possible concept of judicial activism and its origins in the United States juridical tradition. In this first moment, we use the historical analytical method to try to contextualize historically the conceptual categories under study and the conditions of emergence of this phenomenon in the United States. Following, on the basis of the critical comparative method, we began to study the fundamental elements that characterize political rationality and legal rationality. At the end, we discuss the prospects for an activist judge in Brazil, especially when acting in the protection of fundamental rights and ensuring the supremacy of the constitution. In general

  19. Regaining momentum for international climate policy beyond Copenhagen

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    Haug Constanze

    2010-06-01

    Full Text Available Abstract The 'Copenhagen Accord' fails to deliver the political framework for a fair, ambitious and legally-binding international climate agreement beyond 2012. The current climate policy regime dynamics are insufficient to reflect the realities of topical complexity, actor coalitions, as well as financial, legal and institutional challenges in the light of extreme time constraints to avoid 'dangerous' climate change of more than 2°C. In this paper we analyze these stumbling blocks for international climate policy and discuss alternatives in order to regain momentum for future negotiations.

  20. Legal implications of genetics and crime research.

    Science.gov (United States)

    Denno, D W

    1996-01-01

    Two controversial topics dominate discussions of the legal implications of genetics and crime research; (1) the viability and politics of such research, which has sparked fervent debate in the USA; and (2) the current status of new or atypical criminal law defences, which would include a genetic-defect defence to criminal behaviour. This chapter begins by examining the scientifically discredited XYY chromosome syndrome defence, the major genetic-defect defence that defendants have attempted, albeit unsuccessfully. It then focuses on attorneys' efforts to test for evidence of genetic abnormality in the recent and highly publicized case involving convicted murderer Stephen Mobley, whose family history reveals four generations of violent, aggressive and behaviourally disordered men and women. Mobley is currently appealing his death sentence before the Georgia Supreme Court on the basis that the trial court denied his request both to have genetic testing performed and to have such testing allowed as evidence into court. This chapter concludes by emphasizing that the question is not whether genetic evidence will ever be admitted into court, but when and under what kinds of circumstances. No doubt, genetic evidence, and comparable kinds of biological evidence, will have a major impact on juries when such evidence is more fully accepted by the legal and scientific communities.

  1. THE ROLE OF BROADCASTING AGENCY TO BUILD THE LEGAL COMPLIANCE OF SOCIETY

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    Lilik Rukitasari

    2016-06-01

    Full Text Available Abstract Broadcasting has become part of peoples’ lives needs for information, entertainment and education. Broadcasting agency as mass communication media play a role to shape the behavior of political, social, and economic in every society, in order to establish the public legal compliance through broadcasting activities that are counseling and law clarification, it takes effective communication media so that the target is expected to be achieved through increased the quality broadcast programs and attractive containing understanding and knowledge about the law will be able to increase publics’ consciousness and legal compliance. This study using sociological-juridical approach by analyzing the empirical data in order to understand the social and legal responsibilities and functions of broadcasting as a mass communication media is effective in disseminating the law and the formation of values, the result of study drawn through the broadcast media were able to create a culture norms, it means the function of media is not only as a transmitter of information to disseminate the law to the public but also it can have the effect of influencing and encouraging the change of behavior towards the law-abiding. Keywords: Broadcasting Agency, Law Compliance, Society

  2. The attempt to legalize the church administration of the Leningrad’s diocese in 1926 as the prehistory of the “josephite-alexis” division

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    Mazyrin Aleksandr, priest

    2013-04-01

    Full Text Available The article deals with the failed attempt to organize and legalize the Leningrad’s diocesan administration of the Russian Orthodox Church in 1926. At the suggestion of OGPU the group of Leningrad’s clergy has propounded legalization. Bishop Alexius (Simanskiy became the leader of the group in the summer of 1926. The initiative group’s activity aroused suspicion of the part of the Leningrad clergy assuring a top church management to transfer bishop Alexey to another diocese and to appoint Joseph (Petrovyh to be a Leningrad metropolitan. The conflict situation was complicated by the provocative politics of a state authority. It prevented metropolitan Joseph from carrying out his duties of ruling archbishop and, on the contrary, permitted the initiative group to hold a meeting led by bishop (archbishop Alexius. All attempts of church workers to find the unconflicted way out were unsuccessful. The author analyses arguments of supporters and opponents of the diocesan legalization, estimates the correlation between personal and based on principles motives. He investigates the position of church authority represented by metropolitan Sergey (Stragorodskiy. The author considers either side was not unjust one in the Leningrad church collision in 1926. Only the politics of the soviet power that used legalization as the demoralization’s instrument of the Church was defi nitely malicious.

  3. Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

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    Laura Ferguson

    Full Text Available There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent.We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews.The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (inaction. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies.Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal

  4. Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

    Science.gov (United States)

    Ferguson, Laura; Nicholson, Alexandra; Henry, Ian; Saha, Amitrajit; Sellers, Tilly; Gruskin, Sofia

    2018-01-01

    There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent. We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews. The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (in)action. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies. Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy) can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal environment

  5. Legal framework for food fortification: examples from Vietnam and Indonesia.

    Science.gov (United States)

    Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti; Van, Khan Tran; Laillou, Arnaud

    2013-06-01

    Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance in national programs, has often been challenging. This paper takes a closer look at food fortification efforts and legislation mechanisms in Vietnam and Indonesia in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs. Fortification efforts in Indonesia and Vietnam are evaluated using published data as well as unpublished data from detailed evaluation reports, and compared with respect to the specific circumstances, constraints, objectives and results in each country. The legal framework is a crucial factor for the success of food fortification programs, as it shapes to a large extent the implementation of food fortification. The legal framework is instrumental to ensure the quality, safety, availability, cost-effectiveness, and sustainability of food fortification. In the first place, the legal framework should specify the fortificants and fortification levels, as well as the food vehicles and the fortification procedures. In addition, it should ensure the commitment of policy makers and producers to fortification, regulate the costing, describe and ensure information and communication such as product labeling integrate social marketing into the implementation, and provide the means to monitor and enforce fortification. A clear public health objective, together with careful consideration of the choices and restrictions dictated by the specific national environments, will help to develop legal frameworks that optimize the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and

  6. Balancing Professional Standards and Political Discretion in Selecting Top Officials in Slovenia

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    Polonca KOVAČ

    2013-10-01

    Full Text Available One of the key drivers of modern and efficient public administration under the good governance doctrine is an efficient top officials’ selection system. A targeted selection and recruitment system is a prerequisite for the whole administration to act in compliance with the political priorities of the government. However, civil servants and top officials alike must put professional competencies above political loyalty. Therefore, a new system was introduced in Slovenia following the 2003 Civil Servants Act, aimed at ensuring professionalism against (overpoliticization of public administration. A research carried out in 2012 among candidates and selected top officials and ministers, as their political superiors, revealed an overall efficiency of the Slovenian selection scheme in the sense of restricted over-politicization and increased professionalism. Its outcomes lead to the conclusion that the selection system in Slovenia, owing to its two-phase professional and political selection, is most adequate in terms of both regulation and practice since it takes into account the twofold role of top officials and civil service or public administration as a whole (first, as a force providing professional solutions by ensuring legality and efficient resource management, and second, as the closest collaborators of the political leadership implementing government policies.

  7. Political participation, digital democracy and e-citizenship for the protagonism of adolescents and young people

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    Juan Bautista Martínez Rodríguez

    2011-08-01

    Full Text Available This article presents the political, legal and educational for the participation of adolescents and youth in public and political, for it deals with digital citizenship: how adolescents and youth policy reconstruct inhabiting public spaces. We present the e‐Participation and the production of social gaps, cultural and political under the idea that the public is no longer common. Are some suggestions from the theory of communication and power in order to identify those who have power and where to find them. It is suggested to know the mindset of teens and their modes of interpretation that structure and give meaning to the messages circulating on the networks to increase capacity to produce their own messages. The article proposes deliberative policy for media education and the use of social networks.

  8. THE PLACE OF POLITICAL PARTIES IN A DEMOCRATIC STATE, THROUGH THE GLASS OF CONSTITUTIONAL REVIEW

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    Valentina BĂRBĂȚEANU

    2017-05-01

    Full Text Available Political parties are nowadays key actors in democratic societies, shaping social mentalities, creating and following ideologies, inducing common vision, establishing targets and ideals. Their main goal is gaining the political power by conquering the access to the highest levels of decision in the State. They are based on the freedom of association and, unlike other associations, they have a specific constitutional and legal position because they are defining and giving expression to the citizens' political will, in respect of the principles of democracy. Romanian Basic Law provides that political pluralism represents one of the supreme values of the Romanian State governed by the rule of law. In this context, the Constitutional Court has solved, over the years, various issues regarding the political parties. Authorities of constitutional jurisdiction in European countries have also been asked to express, one way or another, their opinion in connection with the activity of the political parties. Taking into consideration their importance for a healthy democratic system, the European Commission for Democracy through Law -Venice Commission has paid special attention to the complexity of aspects involved by the protection of democratic values.

  9. Religion, culture and political corruption in Nigeria

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    Dhikru A. Yagboyaju

    2017-10-01

    Full Text Available For so long, development theories and practices have either deliberately neglected or simply overlooked the possible interconnections between religion, culture and the attainment of development goals. Against this background, this article reviews the literature on corruption, as a major factor of underdevelopment in Nigeria, particularly as it relates to religion and culture in the country. In its analysis, this article argues that corruption in Nigeria, especially in view of the country’s multi-ethnic and multi-religious status, must be conceived as a phenomenon transcending legal, political and economic boundaries. The study adopts an interpretative and descriptive methodology for its analysis.

  10. Law, Contestation, and Power in the Global Political Economy: An Introduction.

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    Edward S. Cohen

    2013-10-01

    Full Text Available The papers included in this collection are part of concerted project to develop a political economy of law in the contemporary global system. Over the past two decades, scholars have noted the expanding role of law, legal institutions, and legal agents that have been part of the process of “globalization,” and have employed a number of frameworks to make sense of this process of legalization. A central theme of our project is that none of these frameworks has provided an adequate political economic analysis of the creation, diffusion, and use of law, and we present an alternative approach to advance the understanding of the turn to law across the many dimensions and sectors of the global system. The papers advance the analysis behind this approach and explore the various ways in which law matters in a variety of areas, including global finance, corporate governance, copyright, diplomacy, and the provision of security. Their goal is to advance our understanding of how law intersects with the mobilization of power in the construction of the contemporary political economy. Los trabajos incluidos en esta colección son parte de un proyecto conjunto para desarrollar una economía política de la ley en el sistema mundial contemporáneo. En las últimas dos décadas, los expertos han señalado el creciente papel de la ley, las instituciones legales, y los agentes judiciales que han sido parte del proceso de "globalización", y han empleado una serie de marcos para dar sentido a este proceso de legalización. Un tema central de nuestro proyecto es que ninguno de estos marcos ha proporcionado un adecuado análisis económico político de la creación, difusión y uso de la ley, y se presenta un enfoque alternativo para avanzar en la comprensión de la vuelta a la ley a través de las muchas dimensiones y sectores del sistema global. Los trabajos avanzan el análisis de este enfoque y exploran las diversas formas en que la ley importa en una variedad

  11. The EU and Climate Change Policy: Law, Politics and Prominence at Different Levels

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    Chad David Damro

    2008-11-01

    Full Text Available The European Union (EU is a prominent player in the politics of climate change, operating as an authoritative regional actor that influences policy-making at the national and international levels. The EU’s climate change policies are thus subjected to multiple pressures that arise from the domestic politics of its twenty-seven individual member states and the international politics of non-EU states with which it negotiates. Facing these multiple pressures, how and why could such a non-traditional actor develop into a prominent player at different levels of climate change policy-making? This article argues that the EU’s rise to prominence can be understood by tracking a number of historical-legal institutional developments at the domestic and international levels. The article also provides a preliminary investigation of the EU emissions trading scheme, a new institutional mechanism that illustrates the policy pressures arising from different levels.

  12. Non-clinicians' judgments about asylum seekers' mental health: how do legal representatives of asylum seekers decide when to request medico-legal reports?

    Science.gov (United States)

    Wilson-Shaw, Lucy; Pistrang, Nancy; Herlihy, Jane

    2012-01-01

    Procedures for determining refugee status across Europe are being speeded up, despite the high prevalence of mental health difficulties among asylum seekers. An assurance given is that ''vulnerable applicants'' will be identified and excluded from accelerated procedures. Although experts have recommended assessments to be undertaken by experienced clinicians, this is unlikely to happen for political and financial reasons. Understanding how non-clinically qualified personnel perform assessments of mental health issues is timely and crucial. Misrecognition of refugees due to the inappropriate use of accelerated procedures involves the risk of returning the very people who have the right to protection from further persecution. To examine the decision making of immigration lawyers, who are an example of a group of nonclinicians who decide when and whether to refer asylum-seekers for psychiatric assessment. Semi-structured interviews were conducted with 12 legal representatives working with people seeking refugee or human rights protection in the United Kingdom. The resultant material was analysed using Framework Analysis. Themes clustered around the legal case, the client, the representative and the systems, all with sub-themes. A mapping exercise integrated these themes to show how representatives brought together questions of (1) evidential reasons for a report, influenced by their legal, psychological and case law knowledge, and (2) perceived evidence of mental distress, influenced by professional and personal experiences and expectations. The legal representatives interviewed were well-informed and trained in psychological issues as well as clearly dedicated to their clients. This helped them to attempt quasi-diagnoses of common mental health problems. They nonetheless demonstrated stereotypical understanding of post-traumatic stress disorder and other possible diagnoses and the role of subjectivity. The study has implications for other groups - particularly those

  13. Non-clinicians’ judgments about asylum seekers’ mental health: how do legal representatives of asylum seekers decide when to request medico-legal reports?

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    Lucy Wilson-Shaw

    2012-10-01

    Full Text Available Background : Procedures for determining refugee status across Europe are being speeded up, despite the high prevalence of mental health difficulties among asylum seekers. An assurance given is that ‘‘vulnerable applicants’’ will be identified and excluded from accelerated procedures. Although experts have recommended assessments to be undertaken by experienced clinicians, this is unlikely to happen for political and financial reasons. Understanding how non-clinically qualified personnel perform assessments of mental health issues is timely and crucial. Misrecognition of refugees due to the inappropriate use of accelerated procedures involves the risk of returning the very people who have the right to protection from further persecution. Objective : To examine the decision making of immigration lawyers, who are an example of a group of nonclinicians who decide when and whether to refer asylum-seekers for psychiatric assessment. Method : Semi-structured interviews were conducted with 12 legal representatives working with people seeking refugee or human rights protection in the United Kingdom. The resultant material was analysed using Framework Analysis. Results : Themes clustered around the legal case, the client, the representative and the systems, all with sub-themes. A mapping exercise integrated these themes to show how representatives brought together questions of (1 evidential reasons for a report, influenced by their legal, psychological and case law knowledge, and (2 perceived evidence of mental distress, influenced by professional and personal experiences and expectations. Conclusions : The legal representatives interviewed were well-informed and trained in psychological issues as well as clearly dedicated to their clients. This helped them to attempt quasi-diagnoses of common mental health problems. They nonetheless demonstrated stereotypical understanding of post-traumatic stress disorder and other possible diagnoses and the

  14. Legal aspects of the ocean carriage and receipt of liquefied natural gas. Sea Grant Collage Program

    Energy Technology Data Exchange (ETDEWEB)

    Swan, P.N.

    1977-03-01

    A comprehensive approach is made to various legal aspects of the transport of liquefied natural gas. Following explanations on the specific technology of LNG, consideration is given to the structural and operational safety of LNG carriers; siting of terminals and assessments of environmental risks; the financing of the carriers; the liability and insurance; the regulations; and finally, the political, national security and diplomatic problems are reviewed.

  15. Western Political Consulting Techniques and Post-Soviet Political Technology in Political Campaigns in Latvia

    OpenAIRE

    Bērziņa, Ieva

    2012-01-01

    Western Political Consulting Techniques and Post-Soviet Political Technology in Political Campaigns in Latvia Ieva Dmitričenko Keywords: political campaignsm political consulting, political technology, parties, marketing, media Political campaigning is an international phenomenon, because there is a free flow of information, knowledge and human resource among practitioners of political campaigning in various countries. As a result political campaigning techniques that have proven to ...

  16. Social media, cyber-dissent, and constraints on online political communication in Central Asia

    OpenAIRE

    Bowe, Brian; Freedman, Eric; Blom, Robin

    2012-01-01

    Recent world events have demonstrated that the Internet-and social media tools in particular-are increasingly useful for political organizing, not merely frivolous virtual spaces for youthful publics to connect socially. Rather, social media is touted as "the crucible in which repressed civil societies can revive and develop." For the people of Central Asia-where free expression is curtailed and news outlets are under official or non-state, non-official government censorship-information and c...

  17. [The Road towards the Responsible and Safe Legalization of Cannabis Use in Portugal].

    Science.gov (United States)

    Baptista-Leite, Ricardo; Ploeg, Lisa

    2018-02-28

    Recently, the world has seen examples of the legalization of cannabis for recreational purposes. Due to the diversity of experiences in progress, it is urgent to analyze the impacts of this legalization, from a public health perspective. Therefore, this article aims to review the accumulated knowledge in the states and countries where the use of cannabis is legal and to ponder over the relevance of starting a similar path towards legalization in Portugal, thus supporting political decisions to be properly informed and evidence-based. An extensive literature review was performed using databases and scientific journals, such as PubMed, as well as the search of institutional documentation, including the EMCDDA and SICAD. The gathered information provided insights and enabled assessment of (1) the acute and chronic effects of cannabis use on health, (2) the Portuguese situation related to cannabis and (3) the processes and lessons learned after the legalization of cannabis in other countries or states. Given the above, and according to the data presented, the authors argue for a safe and responsible strategy towards the legalization of cannabis use in Portugal. In accordance, a set of concrete proposals are presented. From a public health perspective, it is assumed that the interest of this proposal is to reduce the problematic use of cannabis, to effectively fight against illicit drug trafficking and drug-related crime, as well as health promotion and prevention of addictions and other adverse health impacts. This article reveals that the effects of legalization might, contrary to general beliefs, generate positive results with respect to these aims, given that there will be greater control on the market, price, quality, and information - to name a few - if implementation occurs with proper consideration and definition. The debate on the responsible and safe legalization of cannabis use in Portugal should be open and promoted, based on a public health

  18. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  19. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

  20. The Prediction of Political Competencies by Political Action and Political Media Consumption

    Science.gov (United States)

    Reichert, Frank

    2014-01-01

    Political competencies are often considered a precondition for political action; however, they are not independent of previous political participation, which may also include the frequency and the kind of political media consumption. My research aims at finding out the importance of participation in political activities in the past, as well as…

  1. Tissue banking in Hungary: legal, ethical and technical frame

    International Nuclear Information System (INIS)

    Pellet, S.; Ternesi, A.

    1999-01-01

    Hungary is a small country in the middle of Europe with a population of 10 million. Many religions are represented in the country but the majority of the population is Christian. The Hungarian medical education and practice based on the 'German School' and the modem medicine has been started more than 200 years ago. At the same time some of the medical school have been established first in Nagyszombat and the school for surgery in Kolozsyar, later in Debrecen 80 years ago. Recently we have four medical faculties. From the beginning of implementation of modern medicine many efforts were taken to establish the relevant legal frame and ethical rules to help and make understandable and acceptable for the society of various medical interventions. The previous mentioned structure was before and presently conformed with the political and social structure of the country. The initial of tissue for transplantation in medicine was widely accepted by medical fraternity since the middle of the century. Recently tissue grafts are performed daily is in burn, reconstructive surgery, in bone and nerve surgery, unfortunately we use commercial products in heart surgery. At the initial phase of our tissue banking activity, we first followed the American Association Tissue Banking procedures based on our personal contact with leading US Tissue Bank and the American Association of Tissue Banks. Later after joining the Europe Association of Tissue Bank we played an active role in the establishing of the Europe recommendations related to legal, ethical and technical rules of tissue banking. In this presentation the legal frame and the recent ethical concept for tissue donation as well as the technical possibilities and the donor recreation programme of tissue banks will be introduced to the audience. Also the problems of legal harmonization will be mentioned to which we are facing as an associated country to the European Union

  2. Tobacco Industry Political Activity and Tobacco Control Policy Making in Washington: 1996-2000

    OpenAIRE

    Nixon, Meredith L. BA; Glantz, Stanton A. Ph.D.

    2001-01-01

    • After making substantial progress on tobacco control in the mid-1990s, the tobacco industry has stifled tobacco control activities in Washington through a mixture of campaign contributions and legal challenges. • Political campaign contributions have remained steadily high throughout the 1990s. Philip Morris, RJ Reynolds, the Tobacco Institute, Lorillard, Brown & Williamson, and the Smokeless Tobacco Council contributed $362,298 to campaigns in 1996 through 2000 election cycles: $1...

  3. Legal basis of the environmental impact assessment - with special regard to the question of public participation

    International Nuclear Information System (INIS)

    Erbguth, W.

    1992-01-01

    The article examines by way of example the compatibility of the national procedural law of the E/A with constraints imposed by EC law. All the isolated questions that remain unsolved point to a principal shortcoming in the implementation of the E/A. The strategy of incorporating the E/A into the existing regulations of the legal landscape of the Federal German Republic wherever possible must inevitably lead to violations and discrepancies of legal dogma, which at first sight appear partial but upon closer scruting prove to be of a fundamental nature. This has been underscored by the functional discrepancy between public participation as provided by the directive and the participation of national procedural law. Taking this into account there appears no way around a principal reorientation in the near future. This will mean complementing the forms of participation that are derived from constitutional considerations and oriented to legal impact with forms derived from the duties of a welfare state. (orig./HSCH) [de

  4. Why do leaders nationalize the oil industry? The politics of resource expropriation

    International Nuclear Information System (INIS)

    Mahdavi, Paasha

    2014-01-01

    Why do leaders nationalize the oil industry? In line with a general utility-maximizing theory, I argue that leaders nationalize to maximize state revenues while minimizing costs. The latter includes international retaliation and domestic political constraints. Using a novel longitudinal dataset on the establishment of national oil companies (NOCs), the empirical evidence presented in this paper lends support to four primary findings. States are most likely to establish NOCs (1) in periods of high oil prices, when the risks of expropriation are outweighed by the financial benefits; (2) in non-democratic systems, where executive constraints are limited; (3) in “waves”, that is, after other countries have nationalized, reflecting reduced likelihood of international retaliation; and, though with weaker empirical support, (4) in political settings marked by resource nationalism. This last factor is proxied by OPEC membership in large-N analysis and, in a two-case comparison, by the difference in retained profits between the host and foreign governments. The theory and empirics presented here offer some clues for policy makers and multinational companies alike as to when to expect leaders to opt for nationalization. - Highlights: • I model determinants of oil nationalizations for 65 producing countries 1945–2005. • I offer a new measure of nationalization using the establishment of NOCs. • Oil prices, political institutions, cross-country diffusion predict nationalization. • Nationalization is also likely when revenue is perceived to be shared unfairly. • Operator-led contract renegotiation can reduce likelihood of nationalization

  5. Introduction and framing of electricity capacity markets. Legal requirements and boundaries; Einfuehrung und Ausgestaltung von Strom-Kapazitaetsmaerkten. Rechtliche Anforderungen und Grenzen

    Energy Technology Data Exchange (ETDEWEB)

    Daeuper, Olaf; Grundmann, Malte [Becker Buettner Held, Berlin (Germany)

    2012-12-15

    A lively discussion is currently being waged as to whether the electricity markets in their existing design can sustain our future security of supply and how this might be accomplished with future market designs using what are referred to as capacity mechanisms. However, the discussion is largely being conducted from the viewpoint of energy economy, in negligence of the legal constraints and requirements that must form the basis for any promotion mechanism in favour of existing or new installations. A wealth of legal regulations exists which must be taken into account here, ranging from primary European law down to the relevant national laws. Which model ultimately prevails will depend not so much on legal arguments as it will on ones phrased in terms of energy economy. When this has been achieved however, if not earlier, the importance of a legal framework for the market will become apparent.

  6. Translations on Eastern Europe. Political, Sociological, and Military Affairs, Number 1461

    Science.gov (United States)

    1977-10-17

    traditional and other social determinants. This at once amounts to a strict rejection of such theories as, for instance, advocated by Kelsen , in his "Pure...1975, pp 334 ff. 5. As to the pure law doctrine, H. Kelsen would like it understood as "a pure law theory, that is to say, cleansed of all political...ideology and all natural science elements" (cf. H. Kelsen , "Reine Rechtslehre," Vienna, 1960, preface). For a criticism of Kelsen’s legal positivism

  7. The Motivation of Judicial Judgments in Demands of Medications in the Context of the Crisis of Bourgeois Legality

    Directory of Open Access Journals (Sweden)

    Ariadi Sandrini Rezende

    2015-12-01

    Full Text Available The provision of free medicines to the population for the treatment of diseases is regulated by Decree No. 7,508/2011, which created the National List of Essential Medicines. A problem occurs when it is asked how judges should proceed in demands of medication when the drugs desired are not in the list. It is necessary to confront the dogma that law is the law and, therefore, to demonstrate the requirements that the contemporary legal phenomenon requires for the foundations of judicial decisions when them talk about social rights. It is depicted the rise of the idea of legality within the bourgeois state. Three problems that led to the crisis of this political model of law are exposed. It is shown the process of constitucionalization of the social rights with the reform of the liberal state and, therefore, the consolidation of the desire to control the legislative political power and the legality. It is exposed how the judicial activity can consolidate the reform initiated by the constitutionalization of social rights when obstacles imposed against its effectiveness are exceeded by the judge. It will be shown the anachronism of merely loyalist decisions which deny provisionses in judicial demands of medications based on dogmas of nineteenth-century liberal state. It will be exposed the needs of serious judicial decisions which wonder about the role of the welfare state and judicial activity in the contemporary context.

  8. Global artificial photosynthesis project: a scientific and legal introduction.

    Science.gov (United States)

    Faunce, Thomas

    2011-12-01

    With the global human population set to exceed 10 billion by 2050, its collective energy consumption to rise from 400 to over 500 EJ/yr and with the natural environment under increasing pressure from these sources as well as from anthropogenic climate change, political solutions such as the creation of an efficient carbon price and trading scheme may arrive too late. In this context, the scientific community is exploring technological remedies. Central to these options is artificial photosynthesis--the creation, particularly through nanotechnology, of devices capable to doing what plants have done for millions of years - transforming sunlight, water and carbon dioxide into food and fuel. This article argues that a Global Artificial Photosynthesis (GAP) project can raise the public profile and encourage the pace, complexity and funding of scientific collaborations in artificial photosynthesis research. The legal structure of a GAP project will be critical to prevent issues such as state sovereignty over energy and food resources and corporate intellectual monopoly privileges unduly inhibiting the important contribution of artificial photosynthesis to global public health and environmental sustainability. The article presents an introduction to the scientific and legal concepts behind a GAP project.

  9. FINANCING DEMOCRACY OR CORRUPTION? POLITICAL PARTY FINANCING IN THE EU’ S SOUTHEASTERN AND EASTERN MEMBER STATES

    Directory of Open Access Journals (Sweden)

    Ada-Iuliana POPESCU

    2015-09-01

    Full Text Available Fighting public-sector corruption has become a priority for most governments and international organizations. The public sector is the source of many benefits. Realizing improper private gains from these benefits has long been the core definition of corruption. As the public sector grows and expands its activities, the complexity of its activities also increases. The opportunities for improper private gains grow, too. Therefore, not surprisingly, the EU admits that the public sector, including political parties and public administrations, are especially vulnerable to corruption. Political parties, for instance, depend on the funding destined for their capability to win elections and otherwise to influence public policies. In turn, this dependency creates opportunities for a variety of corrupt activities. Ensuring that campaign funding promotes democracy and not corruption requires well-crafted, vigorously enforced laws. This article analyzes the legal framework of political party financing in the Eastern and South-eastern European EU member states, in order to assess how well it works in preventing political party corruption.

  10. Psychology and the politics of same-sex desire in the United States: an analysis of three cases.

    Science.gov (United States)

    Hammack, Phillip L; Windell, Eric P

    2011-08-01

    Psychological science has assumed an increasingly explicit role in public policies related to same-sex desire in the United States. In this article, we present a historical analysis of the relationship between policy discourse and scientific discourse on homosexuality produced within U.S. psychology over the 20th and early 21st centuries through the lens of three cases: Bowers v. Hardwick (1986), Lawrence v. Texas (2003), and Perry v. Schwarzenegger (2010). Our analysis suggests that, for the majority of its disciplinary history, psychology produced knowledge that supported a status quo of legal and cultural subordination for same-sex-attracted individuals. The discipline's shift in understanding of homosexuality, reflected in a 1975 policy statement of the American Psychological Association, reversed this relationship and opened up space for advocacy for social and political change regarding homosexuality. Our analysis of policy decisions rendered by the courts reveals the increasingly important role psychological science has assumed in challenging the legal subordination of same-sex-attracted individuals, though the basis upon which psychological science has sought to inform policy remains limited. We conclude with a critical discussion of the type of knowledge claims psychologists have traditionally used to advocate for gay and lesbian rights, suggesting the vitality of a narrative approach which can reveal the meaning individuals make of legal subordination and political exclusion.

  11. Rethinking political correctness.

    Science.gov (United States)

    Ely, Robin J; Meyerson, Debra E; Davidson, Martin N

    2006-09-01

    Legal and cultural changes over the past 40 years ushered unprecedented numbers of women and people of color into companies' professional ranks. Laws now protect these traditionally underrepresented groups from blatant forms of discrimination in hiring and promotion. Meanwhile, political correctness has reset the standards for civility and respect in people's day-to-day interactions. Despite this obvious progress, the authors' research has shown that political correctness is a double-edged sword. While it has helped many employees feel unlimited by their race, gender, or religion,the PC rule book can hinder people's ability to develop effective relationships across race, gender, and religious lines. Companies need to equip workers with skills--not rules--for building these relationships. The authors offer the following five principles for healthy resolution of the tensions that commonly arise over difference: Pause to short-circuit the emotion and reflect; connect with others, affirming the importance of relationships; question yourself to identify blind spots and discover what makes you defensive; get genuine support that helps you gain a broader perspective; and shift your mind-set from one that says, "You need to change," to one that asks, "What can I change?" When people treat their cultural differences--and related conflicts and tensions--as opportunities to gain a more accurate view of themselves, one another, and the situation, trust builds and relationships become stronger. Leaders should put aside the PC rule book and instead model and encourage risk taking in the service of building the organization's relational capacity. The benefits will reverberate through every dimension of the company's work.

  12. The Political Context of Judicial Review in Indonesia

    Directory of Open Access Journals (Sweden)

    Fritz Edward Siregar

    2015-08-01

    Full Text Available Indonesia Constitutional Court will celebrate 12th birthday this August 2015, and it cannot be denied that the Court play significant role in securing democracy in Indonesia. In exercising their authorities, including the election result dispute and judicial review, the Court continue to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution and continue to do so. The first Chief Justice Jimly showed how within five years of the Court’s creation, he could strategically maximise its momentum and build up the Court as a respectful institution. The Chief Justice Mahfud MD was then elected to reduce the judicial activism started by Jimly’s bench. However, against promises and expectations, Mahfud MD brought the Court to a level far beyond the imagination of the Constitution drafters. Parliament and President tried to limit Court’s authority, not ones, and the Court able to overcome those constrain. Current various available studies observed only how the Court issued their decision and solely focus to the impact of the decision. Scholars slightly ignore that study about the Court, by reducing other constitutional actor in Indonesia, produce study about the Court itself isn’t complete. In fact, political environment in which the Court operated at that time is one of utmost importance the strengthen of the Court institutional legitimacy. This paper is trying to discover the rise of the Indonesia Constitutional Court, not from what the Court did, but from political environment outside the court. Political parties realize that the Court is the only institution that act as political dispute resolution among them. Political parties maturity and political constraint are the key factor that support the development of the Court’s institutional power.

  13. The trailing trials of humiliation: Legal, social, and medical perspectives of women facing domestic violence in India

    Directory of Open Access Journals (Sweden)

    Kumuda Rao

    2017-01-01

    Full Text Available Globally, violence within the home is universal across culture, religion, class, and ethnicity. Despite its widespread prevalence, such violence is not customarily acknowledged and has remained invisible-a problem thought unworthy of legal or political attention. The social construction of the divide between public and private life underlies the major problem of addressing the hidden nature of domestic violence against women. Legal jurisprudence has historically considered the domain of the house to be within the control and unquestionable authority of the male head of household. Thus, acts of violence against members of the household, whether wife or child, were perceived as discipline and essential for maintaining the rule of authority within the family. Except for sensational cases, the fear of social isolation and inhibition has caused the insidious everyday violence experienced by huge numbers of women to be hidden in the private domain. In this review, we make an attempt towards briefing the legal, social, and medical perspectives of women facing domestic violence.

  14. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  15. International legal status of refugees in the territory of one party to armed conflict

    Directory of Open Access Journals (Sweden)

    Tesla Milan

    2017-01-01

    Full Text Available The international law of armed conflicts provides a legal protection to refugees if they find themselves in the territory of warring parties. Refugees are regarded as protected persons, particularly in international armed conflicts. Refugees are people forced to leave their country to find a shelter in a foreign country as a result of political events or the treat of prosecution. The legal status of refugees was regulated first by Convention relating to the Status of Refugees of 1951. The legal status of refugees in armed conflicts was regulated by Geneva Convention relating to Protection of Civilian Persons in Time of War of 1949 and by Protocol I of 1977. Both acts regulate the status of refugees who, at the moment of the beginning of hostile activities find themselves in the territory of one party to the conflict i.e., the occupied territory. So it is therefore about foreigners who have been granted a refugee status before the start of the conflict. According to the same Convention, party to the conflict, at which territory the refugees find themselves in, cannot consider them, neither treat them as foreigners nor hostile citizens, just because they belong to a hostile state. Protocol I, expended the protection of refugees in the way it is regulated, that the persons treated like refugees or stateless persons, before the start of hostilities, would be under the protection of provisions of IV Geneva Convention in all circumstances and without any adverse distinction. We should particularly emphasize the right of refugees, not to be driven out to the country where their lives or freedom could be endangered because of their belonging to a group or because of their political opinion.

  16. Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

    International Nuclear Information System (INIS)

    Lippek, H.E.; Schuller, C.R.

    1979-03-01

    A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel

  17. Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

    Energy Technology Data Exchange (ETDEWEB)

    Lippek, H.E.; Schuller, C.R.

    1979-03-01

    A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel.

  18. The "politics of the queue": the politicization of people living with HIV/AIDS in Tanzania.

    Science.gov (United States)

    Beckmann, Nadine; Bujra, Janet

    2010-01-01

    Starting from a body of literature on movements around "biological citizenship," this article analyses the political significance of HIV-positive people's collective action in Tanzania. We explore reasons for the limited impact of Tanzanian AIDS activism on the wider political scene, concluding that the formation of a "movement" is still in its infancy and faces many constraints, though some breakthroughs have been made. Participation in PLHA groups in Tanzania encourages politicizing struggles over representation, democratic forms and gender that can lead to a process of political socialization in which members learn to recognize and confront abuses of power. It is in such low-level, less visible social transformations that the greatest potential of participation in collective action around HIV/AIDS in Tanzania lies.

  19. [Health system reforms, economic constraints and ethical and legal values].

    Science.gov (United States)

    Caillol, Michel; Le Coz, Pierre; Aubry, Régis; Bréchat, Pierre-Henri

    2010-01-01

    Health system and hospital reforms have led to important and on-going legislative, structural and organizational changes. Is there any logic at work within the health system and hospitals that could call into question the principle of solidarity, the secular values of ethics that govern the texts of law and ethics? In order to respond, we compared our experiences to a review of the professional and scientific literature from 1992 to 2010. Over the course of the past eighteen years, health system organization was subjected to variations and significant tensions. These variations are witnesses to a paradigm shift: although a step towards the regionalization of the health system integrating the choice of public health priorities, consultation and participatory democracy has been implemented, nevertheless the system was then re-oriented towards the trend of returning to centralization on the basis of uniting economics, technical modernization and contracting. This change of doctrine may undermine the social mission of hospitals and the principle of solidarity. Progress, the aging population and financial constraints would force policy-makers to steer the health system towards more centralized control. Hospitals, health professionals and users may feel torn within a system that tends to simplify and minimize what is becoming increasingly complex and global. Benchmarks on values, ethics and law for the hospitals, healthcare professionals and users are questioned. These are important elements to consider when the law on the reform of hospitals, patients, health care and territories and regional health agencies is implemented.

  20. Effectiveness of political advertising in the electoral process: experience on extraordinary presidential elections – 2014 in Ukraine

    Directory of Open Access Journals (Sweden)

    G. V. Muzychenko

    2014-07-01

    Full Text Available The place and role of political advertising and political agitation in the electoral process as an example of extraordinary presidential elections - 2014in Ukraine are analyzed in the paper. It’s revealed a concept of «political advertising» within the Ukrainian legislation and the peculiarities of the legal regulation of its implementation during the presidential elections in Ukraine. Restrictions relating to forms of political agitation and the volume of financing. It was found that political advertising is a form of agitation and can be financed only with specially crafted by candidate election fund, the size of which, unlike elections to representative bodies of power is not limited. The analysis of the election funds of candidates in terms of establishing relationship between costs and result, which is one of the performance criteria of political advertising effectiveness in the electoral process. For this purpose, analysis of the cost structure of election funds, which are dominated by the cost of the media used. Also examines distribution channels of political advertising and the quality of the TV election advertising products. It is proved that political advertising affects electoral behavior, but direct relationship between the election’s success and amount invested in the political campaign funds are not found. That suggests the expediency consideration of other factors influence the electoral behavior, such as political program of applicants, their political experience, subjective preferences of voters and more.

  1. Politics, power and poverty: health for all in 2000 in the Third World?

    Science.gov (United States)

    Green, R H

    1991-01-01

    Health for All by 2000 could become a reality in the Third World countries. On present resource allocation, medical professional and political patterns and trends that is unlikely to happen in more than a few countries. For it to happen requires basic priority shifts to universal access primary health care (including preventative). The main obstacles to such a shift are not absolute resource constraints but medical professional conservatism together with its interaction with elite interests and with political priorities based partly on perceived demand and partly on (largely medical) professional advice. These obstacles are surmountable-as illustrated by divergent performances among countries--but only if education, promotion, efficiency in terms of lives saved and healthy years gained, community participation and political activism for Health for All are more carefully analytically based and pursued more seriously and widely than they have been to date.

  2. The political-legal nexus in EU counter-terrorism: an assessment of the two-track influences between the EU and the UN

    DEFF Research Database (Denmark)

    Martins, Bruno Oliveira

    2016-01-01

    In the construction of the European Union’s counter-terrorism legal system, United Nations instruments and principles enter in the EU law sphere and pave the way for further developments both due to its legal force and to its role as agents of socialisation of security norms. At the same time......, as this article demonstrates, the principles of EU constitutionalism, fundamental pillars in the EU’s legal system, have been the sources of judicial decisions that ultimately impacted on the standards of fundamental rights protection in the UN framework. This article investigates the mutual influences between...... of counter-terrorism and EU´s characteristics as an external security actor, the findings of the research conducted here can be seen as counter-intuitive, enabling new discussions on the EU’s security actorness....

  3. Space, politics, and the political

    OpenAIRE

    dikec , mustafa

    1987-01-01

    International audience; Introduction Geography and politics'', Gottmann wrote in 1980, ``have long been in search of each other'' (page 11). Debates in the literature suggest not only that they have found each other, but also that the encounter has instigated, notably in the last decade or so, a body of literature seeking to think space politically, and to think politics spatially. This is not to suggest that previous work on space was apolitical, nor to suggest that previous work on politics...

  4. The Ideal Concept of Presidential Threshold Arrangement to Achieve Constitutional Rights of New Political Parties in a simultaneous general election in Indonesia

    OpenAIRE

    Muhammad Mukhtarrija; I gusti Ayu Ketut Rachmi Handayani; Agus Riwanto

    2018-01-01

    This study raises the legal issue against the enactment of Law No. 7 of 2017 on General Elections in Indonesia. The law has violated the constitutional rights of new political parties of the simultaneous general election participants that began in 2017. The injustice is seen in article 222 which requires the provision of presidential threshold for political parties nominating the president and vice-presidential pairs based on the results of general elections in 2014. If this provision is appl...

  5. Legal regulation of public relations related to the use of the Internet

    Directory of Open Access Journals (Sweden)

    О. Ю. Битяк

    2015-05-01

    Full Text Available Problem setting. Using Internet technologies is essential to the functioning of public institutions and the economy, public policy in conditions of world globalization. Continues to be problematic issue of protecting the rights and interests of individuals and businesses in the Internet. The issue of legal regulation of social relations associated with the use interenet technology is also controversial in terms of academics conceptually – appropriate or not regulation of such relationship, what is the relationship that their essence and that their contents. Recent research and publications analysis. Known for lawyers is to look at the relationship as a product of interaction between people and all kinds and forms relationships arising and function in society is public, aimed at meeting the needs and interests of individuals or their associations. However, the relationship between certain subjects arise and only in such circumstances may use legal mechanisms for the settlement of constitutional, civil, administrative, economic, legal and other relations. In all cases of this relationship is at least two parties, the two entities for the right (law does not matter in which organizational and legal state, they are relative to each other. It is important that they enter into relationships with each other, and these relations can settle right. Participants Internet relationship certainly serve certain organizations and individuals, but they are not identified as personalities. Each participant may make Internet network any information, preferably only that it did not cause harm to others. Unfortunately this is not always the case. On the Internet you can find data relating to individuals, the way is not always true, but set them Distributor virtually impossible. In the Internet greatly increased the number of entities that use of the Internet in various fields - social, economic, political, cultural, religious, gender, etc. In this regard, we can

  6. Facilitating health information exchange in low- and middle-income countries: conceptual considerations, stakeholders perspectives and deployment strategies illustrated through an in-depth case study of Pakistan

    OpenAIRE

    Akhlaq, Ather

    2016-01-01

    Background Health information exchange (HIE) may help healthcare professionals and policymakers make informed decisions to improve patient and population health outcomes. There is, however, limited uptake of HIE in many low- and middle-income countries (LMICs). While resource constraints are an obvious barrier to implementation of HIE, it is important to explore what other political, structural, technical, environmental, legal and cultural factors may be involved. In particu...

  7. Infrastructural relations: Water, political power and the rise of a new 'despotic regime'

    Directory of Open Access Journals (Sweden)

    Veronica Strang

    2016-06-01

    Full Text Available It is 60 years since Karl Wittfogel highlighted a key relationship between political power and the ownership and control of water. Subsequent studies have suggested, commensurately, that exclusion from the ownership of essential resources represents a fundamental form of disenfranchisement – a loss of democratic involvement in societal direction. Several areas of theoretical development have illuminated these issues. Anthropologists have explored the recursive relationship between political arrangements and cosmological belief systems. Narrow legal definitions of property have been challenged through the consideration of more diverse ways of owning and controlling resources. Analyses of material culture have shown how it extends human agency, as well as having agentive capacities itself; and explorations of infrastructures have highlighted their role in composing socio-technical and political relations. Such approaches are readily applied to water and the material culture through which it is controlled and used. Drawing on historical and ethnographic research on water in Australia and the UK, this paper traces changing relationships between cosmological beliefs, infrastructure and political arrangements over time. It suggests that a current trend towards privatised, transnational water ownership potentially opens the door to the emergence of new 'despotic regimes'.

  8. Openness, transparency and public participation in the governance of uranium mining in Greenland:

    DEFF Research Database (Denmark)

    Pelaudeix, Cécile; Basse, Ellen Margrethe; Loukacheva, Natalia

    2017-01-01

    This article examines the implementation of the principles of openness, transparency and public participation in the decision-making regarding the conditions for uranium mining in Greenland from a legal and political perspective. The time frame covers the period from the exploration for minerals...... before the Second World War to 2016-17 where the current Greenlandic authorities prepared a license for a project of extraction of rare earth elements and uranium in Kvanefjeld. It is shown that the issue of openness, transparency and public participation in Greenland is a long-standing issue...... to it - has impacted the design of governance in Greenland, and that the constraints put today on a full implementation of the legal principles of openness, transparency and public participation in the governance of uranium mining in Greenland, amongst other factors, point to a current hybrid political...

  9. How Does Football Influence the Political System and Juridify Social Movements? Brazil, June 2013

    Directory of Open Access Journals (Sweden)

    Germano Schwartz

    2016-09-01

    Full Text Available According to current trends in the analysis of new social movements, protests are related to economic issues or social inequalities, particularly those of a religious or ethnic nature which, in turn, produce new communications directed at the political system. The present study aims to determine the relationship between football and the social movements that occurred in Brazil in June 2013, as well as investigate the responses of the political system to these social grievances, centered primarily on the juridification of these social spheres. Thus, it focuses on how the legal and political systems absorb these communications into their self-referential logic. To that end, the methodology used is based on the structural functionalism of Niklas Luhmann and his theory of autopoietic social systems. The results demonstrate that both systems – political and legal – were significantly influenced by football, specifically by the substantial investments allocated to hosting the 2014 World Cup in Brazil which, when contrasted with the low return of public services in the country, reveal the root causes of June 2013. Según las tendencias actuales en el análisis de los nuevos movimientos sociales, las protestas están relacionadas con cuestiones económicas o desigualdades sociales, en particular las de carácter religioso o étnico que, a su vez, producen nuevas comunicaciones dirigidas al sistema político. Este estudio pretende determinar la relación entre el fútbol y los movimientos sociales que se produjeron en Brasil en junio de 2013, así como investigar las respuestas del sistema político a estas demandas sociales, centradas principalmente en la juridificación de estas esferas sociales. Por lo tanto, se centra en cómo los sistemas legales y políticos absorben estas comunicaciones en su lógica autorreferencial. Para ello, la metodología empleada se basa en el funcionalismo estructural de Niklas Luhmann y su teoría de los sistemas

  10. The Concept of Law in the Ancient Greek Political Thought: From θεσμός to νόμος

    Directory of Open Access Journals (Sweden)

    I Azarfaza

    2014-02-01

    Full Text Available Law is one of the key concepts in ancient Greek political thought. Two different legal-political terms were used for the concept of law in ancient Athens -although not simultaneously. Before putting an end to the tyranny of the Pisistratidae at the end of the sixth century, θεσμός was used in the sense of state law whilst after the Cleisthenes democratic reforms at the beginning of the fifth century, νόμος was the official legal-political term. This study reveals that such terminological change from θεσμός to νόμος reflects a profound change in Athenian political thought. Considering the fact that language mirrors thinking, this change in terminology may reflect a change in Athenian thinking. Hence, through philological analysis, this article aims to expound how ancient Greek political thought altered. Attempting to redefine the unit of Greek political life, πόλις, according to new meaning of the law, this paper is a contribution to the ancient Greek political philosophy.

  11. Subverting Justice: Socio-Legal Determinants of Impunity for Violence against Women in Guatemala

    Directory of Open Access Journals (Sweden)

    Cecilia Menjívar

    2016-07-01

    Full Text Available High levels of violence against women and impunity in Guatemala have reached crisis proportions and have received increased international attention in recent years. The phenomenon of feminicide (e.g., killings of women in the context of state impunity, is widespread in Latin America and particularly acute in Guatemala. Many (if not the majority are rooted in violence that becomes concentrated in the family. In this paper, we propose that both the structure and application of the laws in Guatemala contribute to widespread impunity. Police and judges use laws other than those created to address violence against women in order to justify lack of enforcement. For example, judges resist issuing restraining orders, and police refuse to apply them because this can violate perpetrators’ property rights. Judges also refuse to apply domestic violence laws because this violates the principle of equality under the law. Women refuse to use the legal system to seek justice because alimony laws will not be enforced and women are economically dependent. The discriminatory fashion in which these laws are applied leads to widespread impunity. Even though laws on the books could be applied otherwise, those who implement them privilege laws that conflict with violence against women laws. While much scholarship focuses on individual-level motives for violence, we instead analyze the socio-legal environment and existing legal codes that enable continued failure to respond adequately to violence against women. The legal framework and the legal code itself are deeply shaped by the context in which they are written—the structural, gender, symbolic, everyday and long arm of political violence that permeate all aspects of life in Guatemala and exacerbate women’s vulnerability, especially the poor. We argue that this broader legal context endangers the lives of women in Guatemala. We also extend the socio-legal scholarship to highlight failures for victim

  12. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  13. Auguste Comte’s Critique of Political Economy

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    Gustavo Biscaia

    2009-10-01

    Full Text Available The purpose of this article is to present Auguste Comte’s critique of the Political Economy of his time as well as the proposals for social reform flowing from it. The methodological framework is built up on the categories proposed by the History of Ideas, in particular those of M. Bevir and Q. Skinner. What we can refer to as “Comtian economic theory” can be found in his “Social Statics”, in the sections dealing with property and the material elements of society, and in his “Social Dynamics”, where reference is made to the interrelationships between political, social and economic changes throughout history. This economic theory establishes dialogs both with liberals and “communists”, on the one hand defending the need for property and on the other, arguing for the subordination of property to social needs and providing a severe critique of individualism. The theory has both direct and indirect consequences: on the one hand, society cannot be reduced to the “market” and the State cannot neglect economic fluctuations; on the other hand, the most immediate conflicts of interest between proletarians and “patricians” cannot deny the social origin of wealth, requiring moral and legal measures for the regulation and resolution of these conflicts. In this regard, Comte may be seen as a precursor of the Welfare State, or at least a theoretician of social justice. Keywords: Auguste Comte, Positivism, Sociology, critique of Political Economy, holist methodology, social justice.

  14. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  15. COUNTERMAJORITARIAN INSTITUTIONS IN THE RUSSIAN CONSTITUTION OF 1993 AS AN INSTRUMENT ENSURING CONSTITUTIONAL AND POLITICAL STABILITY

    Directory of Open Access Journals (Sweden)

    S. Shakhray

    2018-01-01

    Full Text Available The article enriches the discussion on the legal reasons and conditions fostering the viability of democratic constitutions by analyzing the rich experience of the Russian Constitution of 1993. Particular attention is paid to the concept of countermajoritarian institutions. The authors elaborate the idea that countermajoritarian institutions can play an important role in ensuring the viability (put in other terms, the proper balance between stability, adaptability, and dynamic development of modern democratic constitutions as well as political regimes.The article presents evidence-based data showing that the President and the Constitutional Court of the Russian Federation systematically acted as countermajoritarian institutions at the initial stage of the implementation of the “blueprint for the future” set down in the 1993 Russian Constitution. As a result of the activities of these institutions, strong legal frameworks were created that are necessary for the establishment of anew constitutional system of the Russian state and law.Today, the Russian Constitution of 1993 is one of the longest lasting democratic constitutions in the world (the average “life expectancy” of democratic constitutions adopted over the past 250 years is about seventeen years. The study of the countermajoritarian provisions in the 1993 Russian Constitution is of both theoretical and practical importance. In particular, the results of the study can be useful in creating efficient legal instruments for the maintenance of political stability and social development management both within sovereign states and within interstate communities.

  16. 'The biggest legal battle in UK casino history': Processes and politics of 'cheating' in sociotechnical networks.

    Science.gov (United States)

    Johnson, Mark R

    2018-04-01

    Previous literature on cheating has focused on defining the concept, assigning responsibility to individual players, collaborative social processes or technical faults in a game's rules. By contrast, this paper applies an actor-network perspective to understanding 'cheating' in games, and explores how the concept is rhetorically effective in sociotechnical controversies. The article identifies human and nonhuman actors whose interests and properties were translated in a case study of 'edge sorting' - identifying minor but crucial differences in tessellated patterns on the backs of playing cards, and using these to estimate their values. In the ensuing legal controversy, the defending actors - casinos - retranslated the interests of actors to position edge sorting as cheating. This allowed the casinos to emerge victorious in a legal battle over almost twenty million dollars. Analyzing this dispute shows that cheating is both sociotechnically complex as an act and an extremely powerful rhetorical tool for actors seeking to prevent changes to previously-established networks. Science and Technology Studies (STS) offers a rich toolkit for examining cheating, but in addition the cheating discourse may be valuable to STS, enlarging our repertoire of actor strategies relevant to sociotechnical disputes.

  17. Interrelation of the concepts «legal influence» and «administrative-legal influence»

    OpenAIRE

    Голуб, Віктор Олександрович

    2014-01-01

    The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

  18. Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

    OpenAIRE

    Caroline Lydia Hart

    2012-01-01

    Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

  19. FRAMEWORKING THE PRESS FREEDOM, AT THE BORDER BETWEEN LEGAL AND SELF-REGULATION

    Directory of Open Access Journals (Sweden)

    Cristina Anca PĂIUȘESCU

    2014-05-01

    Full Text Available Freedom of the press is essential to democracy and to a pluralistic culture. Most journalists are against any form of legal regulation considering the creation of a press law as an interference with freedom of the press, while state authorities considered necessary minimum set of rules to sanction those who exceed the "normality" of free speech. If in the audiovisual field the legislation tends toward European standards, for print media all draft laws proposed so far by different political parties or the government have failed. Representatives of the major newspapers saw each time in these legislative proposals an attempt to "choke" the freedom of the press. In this context, self-regulation is seen as a way in which journalists can establish their own rules in order to protect themselves from the state attempt to regulate this area, a method of protecting against political manipulation and preventing the erosion of public trust, and it is also seen as a method of education within the profession.

  20. A sense of self-suspicion: global legal pluralism and the claim to legal authority

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

    Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

  1. Political Transmigrants: Rethinking Hmong Political Activism in America

    Directory of Open Access Journals (Sweden)

    Nengher N. Vang, Ph.D

    2011-12-01

    Full Text Available Since the initial resettlement of the Hmong in the United States in the mid-1970s, they have maintained strong political and military relationships with the Lao People‘s Democratic Republic (LPDR. Yet, there is little research on that relationship and the involvement of the Hmong in the United States in political developments in Laos. Most works on Hmong political activism have focused on the electoral participation and representation of Hmong Americans in relation to American domestic politics. In this article, using archival, ethnographic, and interview data that I have collected between 2006 and 2009 in Laos, Thailand, and the United States, I describe and analyze the non-domestic or transnational form of Hmong American political expression and participation. I argue that Hmong political activism in America not only was transnational from the outset, but that their transnational involvement in political developments in Laos and their relations with the Lao PDR government also had a significant impact on their ethnic politics. Many Hmong political activists made their entry into ethnic politics through the door of transnational politics, and many were motivated by transnational political issues to participate in domestic American politics. By exploring their transnational involvement in political developments in Laos and their relations with the Lao PDR government, we get a more complete and dynamic understanding of Hmong political activism in the United States than is possible by focusing exclusively on domestic and electoral participation. Examining their transnational politics also allows us to see the transnationality of not only their culture, identity, and community but also that of their political activities and aspirations.

  2. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  3. Political Vector of Northern Sea Route Development

    Directory of Open Access Journals (Sweden)

    Andrei A. Fomichev

    2015-01-01

    Full Text Available In this article the author considers the issue of exploitation of Arctic region, especially of NSR. This transport corridor is very important from geopolitical point of view. The future of NSR will be thoroughly considered and the author will pay attention to the political horizons that opens as far as the interest of international community to Arctic rises and socio-economical processes are accelerating. The political institutions which regulate exploitation of NSR, legal framework, estimations of experts from different relevant fields and the problems of exploitation of Arctic region that have emerged on grounds of the current political situation in the world - all these aspects will be considered in the article. The special attention will be paid to the possible Russian self-determined exploitation of Arctic and NSR. Even though there are considerable reserves of natural resources in Arctic, its' capacity does not afford carry out its' active exploitation in short-term. Consequently, its' capacity does not permit exclusion of exploitation of NSR on account of transit route. Saving of the current relations with Western partners and development of opportunities to exploit Arctic region on our own - the main political goals of Russia. Recent events of this year demonstrate two important forces which have an impact on the exploitation of NSR. Firstly, an important role of Russia in international exploitation of Arctic, understanding of that at the international level and interest of foreign partners in cooperation with Russia in Arctic including over the question of NSR despite exacerbation of relation with the West. Secondly, present state of Arctic territories in terms of economics and socio-political aspect does not correspond to the boost of geopolitical power of Russia in Arctic. Western sanctions seriously harm sustainable development of Arctic in short-term. However, they will accelerate political processes in the region in case Russia

  4. A New Book on the Law System of the Golden Horde: Pochekaev R.Yu. Legal Culture of the Golden Horde (Historical and Legal Essays (Moscow: Yurlitinform, 2015. 312 p.

    Directory of Open Access Journals (Sweden)

    D.V. Nefedov

    2016-12-01

    Full Text Available This book is a study at the intersection of such academic disciplines as general history, history of state and law and source study. The subcect of R.Yu. Pochevalev’s book appears very relevant since the interest of the scientific community and readership toward the Golden Horde and its role in the history of the Russian state remains traditionally high for several centuries. However, the author is trying to take a fresh look at this state and refute the stereotype of the Golden Horde as a some kind of bunch of nomads who lived only by plundering neighboring sedentary peoples. He succeeds in this by studying such an important part of the Golden Horde history as its law and legal culture. The book examines a number of questions on the history of state and law of the Golden Horde, which have not previously been the subject of a special study (for example, possessions of the Golden Horde in other uluses, dualism of power in different states, relations between authorities and traders, etc.. On some other issues that have already been studied by experts, he proposes new interpretations in the framework of historical and legal approach (for example, the causes of intestine strife in the Golden Horde in the mid-14th century, yarliks of the Golden Horde khans granted to the Russian Chruch, relations of the Golden Horde rulers and Italian colonies in the Northern Black Sea region. The author examines to a great extent the themes of state and legal regulation of economic relations: status of merchants in the Golden Horde and post-Golden Horde states, role of economic sanctions in the resolution of political conflicts. In other essays contained in the book, the author also emphasizes the role of the economic component of the political and legal relations. For example, R.Yu. Pochekaev convincingly shows that relations of the Golden Horde with other states of the Mongol Empire was based on the principle of mutual provision of possessions to the rulers of

  5. Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

    Directory of Open Access Journals (Sweden)

    Saldi Isra

    2017-08-01

    Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

  6. Slovenia’s Foreign Policy Opportunities and Constraints: The Analysis of an Interplay of Foreign Policy Environments

    Directory of Open Access Journals (Sweden)

    Fenko Ana Bojinović

    2017-09-01

    Full Text Available The article focuses on the interconnectedness of foreign policy environments to explain Slovenia’s opportunities and constraints for foreign policy action. During the period of pre-independence para-diplomacy, the building of an internal and external domestic environment successfully turned constraints (no international recognition into opportunities (applying for membership of European and global intergovernmental organizations. In the second period - post-recognition - considering the absence of a strategic foreign policy document, the Slovenian internal foreign policy environment became a major constraint to seize foreign environment opportunities. This affected Slovenia’s accomplishments, notably after NATO and EU memberships were achieved in 2004. Although the Slovenian internal environment matured during the following period to adopt, in 2015, a comprehensive foreign policy strategy the recent turn in world politics (especially the European financial and economic crisis and the migration crisis created for the first time a foreign environment for Slovenia that offered many fewer opportunities and far more constraints.

  7. Qualitative Data Gathering Challenges in a Politically Unstable Rural Environment: A Zimbabwean Experience

    Directory of Open Access Journals (Sweden)

    Tabitha Grace Mukeredzi

    2012-02-01

    Full Text Available Gaining access to participants in rural, politically unstable settings demands authority and consent not only from the participants and immediate line managers, but also from other players with interests in the research sites. This paper discusses data gathering experiences and challenges encountered during fieldwork for a PhD amidst a politically volatile situation in Zimbabwe in mid-2008. The article highlights the challenges encountered, how the researcher overcame some of them, and was stymied by others. Specifically, political challenges related to gaining access to schools and participants, which created time constraints and frustrations, fears and anxieties for the researcher. Issues of poor topography and interview space also emerged as other challenges. The paper proposes that the snags and surprises, the feelings of frustration, fear and anger that go with researching participants in politically unstable settings should not stall the research process but instead, handled with flexibility and patience, and used as motivation to continue. The experiences not only enhance the researcher's own reflexivity and reflectivity but also provide insights into the human conditions and actions as viewed from multiple perspectives.

  8. Criminalization, legalization or decriminalization of sex work: what female sex workers say in San Francisco, USA.

    Science.gov (United States)

    Lutnick, Alexandra; Cohan, Deborah

    2009-11-01

    Sex work is a criminal offence in San Francisco, USA, and sex work advocates have so far unsuccessfully campaigned for decriminalizing it. Some groups argue that the decriminalization movement does not represent the voices of marginalized sex workers. Using qualitative and quantitative data from the Sex Worker Environmental Assessment Team Study, we investigated the perspectives and experiences of a range of female sex workers regarding the legal status of sex work and the impact of criminal law on their work experiences. Forty women were enrolled in the qualitative phase in 2004 and 247 women in the quantitative phase in 2006-07. Overall, the women in this study seemed to prefer a hybrid of legalization and decriminalization. The majority voiced a preference for removing statutes that criminalize sex work in order to facilitate a social and political environment where they had legal rights and could seek help when they were victims of violence. Advocacy groups need to explore the compromises sex workers are willing to make to ensure safe working conditions and the same legal protections afforded to other workers, and with those who are most marginalized to better understand their immediate needs and how these can be met through decriminalization.

  9. Areas and consequences of organized crime influence on the legal market

    Directory of Open Access Journals (Sweden)

    Bošković Goran N.

    2016-01-01

    Full Text Available Criminal structure spread sphere of influence in all fields of social life and become a threat to national and international security. Namely, criminal profits generated by organized crime in the criminal market and its infiltration into the legal economic flows represent a potential danger for corrupting in legal economic relations and undermine the integrity of financial institutions. In this way, in the end the basic fundamentals of the financial system may be disrupted, and in dangerous are the functioning of state institutions, economic prosperity and national security. Modern criminal organizations are profit-oriented and market-based and operating methods that use are combination of criminal and methods of modern business organizations, which makes them particularly dangerous to society. The great economic power of organized crime used to acquire political power, and it is in turn used to pursue criminal objectives. Thus, the threat of organized crime is not limited to the effects of individual criminal actions, but much more on the ability to influence the decision making processes in the sphere of politics and economics. The great interest of organized crime to influence on state and its functions stems from the fact that with the help of the state authority can provide the easiest way for providing criminal profit and immunity from prosecution. The authors in paper point to areas and dominant negative consequences of the infiltration of organized crime into legitimate economic relations, as well as the implications of these processes in order to gain a better understanding of their importance for defining the model on fighting of organized crime. .

  10. The slow elimination of legal protection in connection with the law on the protection of the environment

    International Nuclear Information System (INIS)

    Geulen, R.

    1980-01-01

    The main cause of the reduction of legal protection against decisions under planning law and faits accomplis created during planning seems to stem from the practice adopted by those initiating and having an interest in projects, namely to prepare and somewhat anticipate the essential decisions long before government-controlle planning sets in. In fact, the licensing authorities which, according to their legal function, would have to check applications of operators with regard to licensing requirements, see themselves confined to follow a slow process of amalgamation with given, and, sometimes, factually executed planning decisions. In addition, the situation of the authorities regarding personnel and time does not allow them to carry out factual checking in its proper sense of, for example, licensing requirements for nuclear power plant construction. This process of amalgamation discussed by the author has an impact on the functions to be fulfilled by the courts, and on legal protection in general. The prognosis given by the author says that, due to this lack of efficient control by governmental authorities and courts especially in connection with the planning of large-scale projects likely to have an unfavourable effect on the environment, those persons or groups of persons feeling themselves insufficiently protected by the legal system, will more and more have recourse to political action rather than legal action. (orig.) [de

  11. Constraint Differentiation

    DEFF Research Database (Denmark)

    Mödersheim, Sebastian Alexander; Basin, David; Viganò, Luca

    2010-01-01

    We introduce constraint differentiation, a powerful technique for reducing search when model-checking security protocols using constraint-based methods. Constraint differentiation works by eliminating certain kinds of redundancies that arise in the search space when using constraints to represent...... results show that constraint differentiation substantially reduces search and considerably improves the performance of OFMC, enabling its application to a wider class of problems....

  12. The political economy of nuclear energy in the United States

    International Nuclear Information System (INIS)

    Nivola, P.S.

    2004-05-01

    A tendency among commentators, even experts like the author of the sentence above, is to regard the complicated story of nuclear energy in the United States as exceptionally troubled and frustrating. The root cause of the troubles and frustrations, moreover, is commonly thought to be more political than economic. The promise of nuclear power in this country is said to have been dimmed primarily by an eccentrically risk-averse public and an unusually hostile regulatory climate. Practically nowhere else, it is said, have political and legal institutions been so uncooperative. Supposedly the central governments of most other advanced countries have lent far more support to their nuclear industries. And because those governments are assumed to be more aggressive in combating pollution, including greenhouse gas emissions from burning fossil fuels, surely 'the rest of the world' has been doing much more than America to level the playing field for the development of nuclear energy. The following paper challenges this conventional picture. (author)

  13. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

    This paper will examine a current national initiative from the United States of America to achieve greater national security through the `weaponisation' of extra-atmospheric space. We will propose a synthesis of the current international legal framework pertaining to military activities in space. Based on the analysis of the legal regime and on some current national and regional political initiatives, we will make some practical recommendations to prevent an arms race in space. Civil remote sensing, telecommunications, and launchers launch vehicle technologies have all benefited from a military heritage. They are dual use technologies, in other words, technologies that have both military and civilian applications. In fact, space has always been militarised, ever since the first satellites were put in orbit for reconnaissance missions. But recently, some national policies and technological advances are making the militarisation of space less `discrete'. Military assets from different countries are already stationed in orbit (e.g. reconnaissance and navigation satellites), but they might soon be joined by new `space weapons' with lethal strike capabilities. Currently, in the United States, military and civilian space activities are being closely intertwined. A typical example is the call of the NASA Administrator Sean O'Keefe, a former Secretary of the Navy, for closer cooperation on research and development between NASA and the Department of Defense. Concerning plans to station weapons in space, the American Air Force Space Command issued, in February 2000, its `Strategic Master Plan for FY02 and Beyond'. It states that the United States "...future Air Force Space Command capabilities will enable a fully integrated Aerospace Force to rapidly engage military forces worldwide. [...] Full spectrum dominance in the space medium will be achieved through total space situational awareness, protection of friendly space assets, prevention of unauthorized use of those assets

  14. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  15. Constraint-based scheduling applying constraint programming to scheduling problems

    CERN Document Server

    Baptiste, Philippe; Nuijten, Wim

    2001-01-01

    Constraint Programming is a problem-solving paradigm that establishes a clear distinction between two pivotal aspects of a problem: (1) a precise definition of the constraints that define the problem to be solved and (2) the algorithms and heuristics enabling the selection of decisions to solve the problem. It is because of these capabilities that Constraint Programming is increasingly being employed as a problem-solving tool to solve scheduling problems. Hence the development of Constraint-Based Scheduling as a field of study. The aim of this book is to provide an overview of the most widely used Constraint-Based Scheduling techniques. Following the principles of Constraint Programming, the book consists of three distinct parts: The first chapter introduces the basic principles of Constraint Programming and provides a model of the constraints that are the most often encountered in scheduling problems. Chapters 2, 3, 4, and 5 are focused on the propagation of resource constraints, which usually are responsibl...

  16. Political economy of population growth.

    Science.gov (United States)

    Mehta, S; Mehta, H S

    1987-01-01

    Tracing the origin of political economy as a class-science, this paper focuses on the political economy of population growth. Exposing the limitations of Malthusian ideas and their invalidity even for the capitalist economies, it discusses the subsequent revival of the Malthusian model during the period of de-colonization and the misinterpretation of the relationship between population growth and development in the developing and developed countries. Taking India, China, and Japan as some case studies, the paper examines the relationship between birth rate levels and some correlates. It elaborates on the Indian experience, emphasizing the association of population growth with poverty and unemployment and lays bare some of the hidden causes of these phenomena. The authors examine some interstate variations in India and identify constraints and prospects of the existing population policy. The paper proposes outlines of a democratic population policy as an integral part of India's development strategy which should recognize human beings not simply as consumers but also as producers of material values. It pleads for 1) restructuring of property relations; 2) bringing down the mortality rates and raising of the literacy levels, especially among females; and 3) improving nutritional levels, as prerequisites for bringing down birth rates.

  17. Legal history of the revolt of Saint Titus in Fourteenth century Venetian Crete (1363-1366

    Directory of Open Access Journals (Sweden)

    Matteo Magnani

    2013-04-01

    Full Text Available The article examines all the different judicial aspects of the response which was given by the Republic of Venice to the serious revolution exploded in Crete in 1363. From the legal point of view, this response was structured on the procedures of exception (inquisitio ex officio, arbitrium, privilege and grace normally applied in late Middle Ages as effective means to preserve political authority. These procedures were used by Venice as flexible elements to create consent and to legitimate its power.

  18. The New Normal: Scandals as a Standard Feature of Political Life in Nordic Countries

    DEFF Research Database (Denmark)

    Ørsten, Mark; Allern, Sigurd; Pollack, Ester

    2018-01-01

    All political scandals trigger discussions of trust, but in a competitive, commercial media climate, both important and minor legal offences as well as moral transgressions are regularly treated as scandalous media events. Today, actors in social media and mainstream media organizations can colla...... corruption, and personal behavior scandals, such as accusations of sexual harassment, constitute the most prominent scandal types. However, regarding sexually-related behavior scandals, there are interesting differences between the Nordic countries....

  19. MODEL PENYELESAIAN PERSELISIHAN PARTAI POLITIK SECARA INTERNAL MAUPUN EKSTERNAL (The Model of Political Party Dispute Settlement Internally and Externally

    Directory of Open Access Journals (Sweden)

    Tri Cahya Indra Permana

    2016-03-01

    Full Text Available Undang-Undang Parpol mengatur bahwa perselisihan Parpol diselesaikan secara internal oleh Mahkamah Partai atau sebutan lain daripada itu dan secara eksternal oleh Pengadilan Negeri dan Mahkamah Agung. Substansi perselisihan yang final dan mengikat di Mahkamah Partai adalah perselisihan kepengurusan, selebihnya dapat diajukan upaya hukum ke Pengadilan Negeri dan Mahkamah Agung. Di dalam praktek, pengaturan tersebut telah menjauhkan dari rasa keadilan, kepastian hukum dan kemanfaatan, oleh karenanya sebaiknya direvisi yang mana perselisihan PAW, pelanggaran terhadap hak anggota partai politik, penyalahgunaan wewenang,  pertanggungjawaban keuangan, dan atau keberatan terhadap keputusan partai politik (termasuk keputusan untuk tidak memutuskan terhadap sesuatu hal final dan mengikat dengan Putusan MPP. Sedangkan perselisihan kepengurusan dapat diajukan upaya hukum ke Mahkamah Konstitusi. Political parties act stipulates that a political party dispute resolved internally by the Mahkamah Partai or other designation of that and externally resolved by the District Court and the Supreme Court. The dispute substance in Mahkamah Partai which is final and binding is about organization dispute, the other can be settled in District Court and the Supreme Court. In practice, that arrangement makes the decision apart from the sense of justice, legal certainty and utility. Therefore, these rules should be revised so that the regulation of PAW, violations of the rights of members of political parties, abuse of authority, financial liability, or an objection to the decision of political parties (including the decision not to decide on something is final and binding through Mahkamah Partai decision. While the organization disputes can be submitted to the Constitutional Court for legal action.

  20. A SOUTH AFRICAN PERSPECTIVE ON MUTUAL LEGAL ASSISTANCE AND EXTRADITION IN A GLOBALIZED WORLD

    Directory of Open Access Journals (Sweden)

    Murdoch Watney

    2012-08-01

    Full Text Available This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globalization on international crime. Physical and/or electronic crimes are increasingly committed across borders and may be described as borderless, but law enforcement (combating, investigation and prosecution of crime is still very much confined to the borders of a state. Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the explosion in international travel and effectively utilize these opportunities to avoid and hamper law enforcement investigations. As a sovereign state has control over its own territory it also implies that states should not interfere with each other’s domestic affairs. The correct and acceptable procedure would be for a state (requesting state to apply to another state (requested state for co-operation in the form of mutual legal assistance regarding the gathering of evidence and/or extradition of the perpetrator. Co-operation between states are governed by public international law between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial jurisdiction of South African courts in respect of organized crime and terrorism. It does however appear that existing criminal justice responses are experiencing challenges to meet the

  1. Renewable Energy Prices in State-Level Feed-in Tariffs: Federal Law Constraints and Possible Solutions

    Energy Technology Data Exchange (ETDEWEB)

    Hempling, S.; Elefant, C.; Cory, K.; Porter, K.

    2010-01-01

    State legislatures and state utility commissions trying to attract renewable energy projects are considering feed-in tariffs, which obligate retail utilities to purchase electricity from renewable producers under standard arrangements specifying prices, terms, and conditions. The use of feed-in tariffs simplifies the purchase process, provides revenue certainty to generators, and reduces the cost of financing generating projects. However, some argue that federal law--including the Public Utility Regulatory Policies Act of 1978 (PURPA) and the Federal Power Act of 1935 (FPA)--constrain state-level feed-in tariffs. This report seeks to reduce the legal uncertainties for states contemplating feed-in tariffs by explaining the constraints imposed by federal statutes. It describes the federal constraints, identifies transaction categories that are free of those constraints, and offers ways for state and federal policymakers to interpret or modify existing law to remove or reduce these constraints. This report proposes ways to revise these federal statutes. It creates a broad working definition of a state-level feed-in tariff. Given this definition, this report concludes there are paths to non-preempted, state-level feed-in tariffs under current federal law.

  2. Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

    This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

  3. Soft Budget Constraints in Public Hospitals.

    Science.gov (United States)

    Wright, Donald J

    2016-05-01

    A soft budget constraint arises when a government is unable to commit to not 'bailout' a public hospital if the public hospital exhausts its budget before the end of the budget period. It is shown that if the political costs of a 'bailout' are relatively small, then the public hospital exhausts the welfare-maximising budget before the end of the budget period and a 'bailout' occurs. In anticipation, the government offers a budget to the public hospital that may be greater than or less than the welfare-maximising budget. In either case, the public hospital treats 'too many' elective patients before the 'bailout' and 'too few' after. The introduction of a private hospital reduces the size of any 'bailout' and increases welfare. Copyright © 2015 John Wiley & Sons, Ltd.

  4. Comparative status and development trends of central electricity supply technologies in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Kolb, G.

    1989-01-01

    This paper describes the present situation in the public electricity sector of the FRG with its legal and political constraints, to identify the development trends of the supply technologies for central electricity in regard to their application potential during the forthcoming 10 to 20 years. Summarizing expectations and conclusions are drawn on the foreseeable contribution of the electricity supply sector to the aspired CO 2 -reductions in the FRG

  5. Proceedings of second geopressured geothermal energy conference, Austin, Texas, February 23--25, 1976. Volume V. Legal, institutional, and environmental

    Energy Technology Data Exchange (ETDEWEB)

    Vanston, J.H.; Elmer, D.B.; Gustavson, T.C.; Kreitler, C.W.; Letlow, K.; Lopreato, S.C.; Meriwether, M.; Ramsey, P.; Rogers, K.E.; Williamson, J.K.

    1976-01-01

    Three separate abstracts were prepared for Volume V of the Proceedings of the Conference. Sections are entitled: Legal Issues in the Development of Geopressured--Geothermal Resources of Texas and Louisiana Gulf Coast; The Development of Geothermal Energy in the Gulf Coast; Socio-economic, Demographic, and Political Considerations; and Geothermal Resources of the Texas Gulf Coast--Environmental Concerns arising from the Production and Disposal of Geothermal waters. (MCW)

  6. Politics and legislation related to the final disposal of radioactive wastes. Socio-juridical case study on the Konrad ore mine; Politik und Recht der Endlagerung radioaktiver Abfaelle. Mit einer rechtssoziologischen Fallstudie ueber Schacht Konrad

    Energy Technology Data Exchange (ETDEWEB)

    Pape, Jens

    2016-07-01

    The energy revolution leads not only to build more wind turbines and the much-discussed circuit line from northern to southern Germany. Instead, the now old energy form of nuclear power needs to be handled. The disposal is one of the biggest unsolved issues of our time. In the conflict between energy and environment policies, the radioactive contamination of nuclear energy must be disposed of. The book is a highly topical compendium of legal and political aspects, which are not sufficiently taken into account because of their specialty in the public discourse. Based on the case study Konrad almost all legal and political priorities are treated very understandable.

  7. Apostasy (Irtidâd in Islamic Jurisprudence; is it a Creedal or a Political Crime: Ibn al-Humam (d. 861/1457

    Directory of Open Access Journals (Sweden)

    Niyazi Kahveci

    2017-04-01

    Full Text Available This article aimed to explore the nature of the penalty of the apostasy (irtidâd to what extent it is creedal or political crime, with particular reference to Hanafite penal law which served as the law of Islamic world for a period of a millennium. In expounding this law I have chosen the text of jurist-author of this School, Ibn al-Humâm (d. 861/1457 which offered a mere document for the subject-matter. The analysis in this essay exposed that Hanafi juristic conception considered the act of apostasy not a creedal but a political offence. Thereof the ratio legis (‘illa of death penalty imposed to the apostate (murtad is not his commitment of disbelief (kufr but his renouncement of the social, legal and political authority and system of the state and abandoning his membership of Muslim community after once accepted it. Consequently he has been accounted as a potential threat as a warring enemy to the survival of the Muslim community and its state. I understand that the jurists did not give the state legal authority to interrogate and punish the disbelief of its subjects. Belief of the individual rests between him and God.

  8. Politically Active Home Economists: Their Socialization to Politics.

    Science.gov (United States)

    Ley, Connie J.

    1980-01-01

    A nationwide study identified a pattern of political socialization for home economists who were politically active. The most outstanding feature of the politically active subjects was their perception that political activity is a professional role. (SK)

  9. Legal analysis of systemic investment protection regulation in the European Union’s financial sector

    Directory of Open Access Journals (Sweden)

    Bocs L.

    2018-01-01

    Full Text Available After the Treaty of Lisbon the European Union has an exclusive and uniform competence regarding investment agreements within its common commercial policy. Yet the political events in 2016 showed that there are still many regional differences politically and economically, especially after the so-called Brexit and negotiations with the United States of America in relation to transatlantic trade and investment. Therefore, the aim of the research is to determine the legal framework and related problems for unified investment protection within the European Union. Using descriptive, logical and deductive methodology the paper establishes a juristic base consensus for trade and investment policies, concludes that so far those policies have been systemically neglected due to regional differences in economic development and accordingly suggests to unify and protect the common investment policies by using already existing regional judicial mechanisms of member states within a unified code of conduct.

  10. Sustainability, energy policy, climatic change, world food supply. Political and legal challenges of the 21th century

    International Nuclear Information System (INIS)

    Haertel, Ines

    2014-01-01

    The book on sustainability, energy policy, climatic change, world food supply as political challenges in the 21th century includes contributions on the following topics: sustainability and environment, energy and climatic change, agriculture and world food supply.

  11. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

  12. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  13. Politisches „Milieu“, Familienwirklichkeit und Rechtsreform. Katholische und sozialdemokratische Positionen in der Weimarer Republik Political “Milieu,” Family Reality, and Legal Reform: Catholic and Social Democratic Positions in the Weimar Republic

    Directory of Open Access Journals (Sweden)

    Arne Duncker

    2005-03-01

    Full Text Available Bei der verdienstvollen und materialreichen Arbeit Heinemanns handelt es sich um die gekürzte und überarbeitete Fassung einer an der Universität Augsburg 2002 abgeschlossenen Dissertation. Literatur ist bis einschließlich 2002 eingearbeitet. Mit Katholizismus und Sozialdemokratie hat die Arbeit zwei der bedeutendsten politischen und kulturellen Bewegungen – und auch “Milieus“ (S. 13 f. – Deutschlands in der Zeit der Weimarer Republik zum Gegenstand. In der Arbeit werden Fragen der historischen Familienforschung, Sozialgeschichte und Parteiengeschichte behandelt. Sie enthält darüber hinaus – ausbaufähige – rechtshistorische, frauengeschichtliche, parlamentsgeschichtliche und ehephilosophische Abschnitte sowie ein Schwerpunktkapitel (S. 213–292 zur Bevölkerungspolitik.Heinemann’s work, deserving and rich in material, is a shortened and revised version of a dissertation submitted to the University of Augsburg in 2002. Literature published up to the year 2002 is included in the text. The work has made as its focus two of the most important political and cultural movements—as well as “Milieus” (page 13 and following—of Germany during the time of the Weimar Republic: Catholicism and social democracy. Questions relating to historical family research, social history, and party history are dealt with in the work. It also includes sections, which could be expanded upon, on legal history, the history of women, parliamentary history, and the philosophy of marriage, as well as a central chapter focusing on the politics of demographics (213–292.

  14. The role of women in the political life of the Federation of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Marić-Tokić Silvana

    2017-01-01

    Full Text Available As a human activity, politics has long been intended for men only, with women and other minority groups not being allowed to participate in either the social or the political life of the community. Starting in the 1970s, the role of woman within our social and political life strengthened in several countries, but only with legal and incentive measures. The role of women in Bosnian -Herzegovinian society, public life, does not meet the quotas introduced in 1997, which require a 40% women involvement in politics. The research covers the period from 2016 since the last election to date. The aim of the research was to determine the level of representation of women in the political life of BiH at the Federation of BiH, cantonal and local level, respectively. The key hypothesis of this paper is as follows: Is the low level of representation within political bodies of the Federation of BiH, cantonal and local level, respected? Research has shown that women in the BiH Federation are not sufficiently represented in political life. In terms of percentage, no part of the survey pertaining to prime locations, ministerial posts, mayor's seats, and mayors meets the prescribed quota of women's representation in politics being 40%. The Bosnian - Herzegovinian society, if it wants to go in the direction of progress and development, and democratic society, must increase the participation of women in social and political life. Only those societies and states that exclude all forms of discrimination and increase human rights, especially women's rights, as equal members of the community can call themselves democratic and developed societies.

  15. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  16. Negotiating the Transatlantic deal: focus on the EU’s domestic constraints

    Directory of Open Access Journals (Sweden)

    Alina ALEXOAEI

    2017-10-01

    Full Text Available The paper focuses on emphasising the role that internal constraints and domestic political events play in designing the strategic behaviour and position of the EU in the negotiation process of The Transatlantic Trade and Investment Partnership - TTIP. The paper pursues a three-pronged approach in order to: (1 identify and define the set of domestic constraints, (2 assess their influence on EU’s strategic position, and (3 suggest both available and desirable future courses of action to improve the negotiation outcome. The results should inform the approach towards the general structure of negotiations to be accomplished through a multi-level analysis: starting from a broad EU perspective on the deal, complemented by a disaggregated domestic level perspective that will emphasize EU members’ position and interests in the agreement, as well as an industry/sector-based implications of each item on the negotiations agenda.

  17. Factors shaping political priorities for violence against women-mitigation policies in Sri Lanka.

    Science.gov (United States)

    Colombini, Manuela; Mayhew, Susannah H; Lund, Ragnhild; Singh, Navpreet; Swahnberg, Katarina; Infanti, Jennifer; Schei, Berit; Wijewardene, Kumudu

    2018-05-25

    Although violence against women (VAW) is a global public health issue, its importance as a health issue is often unrecognized in legal and health policy documents. This paper uses Sri Lanka as a case study to explore the factors influencing the national policy response to VAW, particularly by the health sector. A document based health policy analysis was conducted to examine current policy responses to VAW in Sri Lanka using the Shiffman and Smith (2007) policy analysis framework. The findings suggest that the networks and influences of various actors in Sri Lanka, and their ideas used to frame the issue of VAW, have been particularly important in shaping the nature of the policy response to date. The Ministry of Women and Child Affairs led the national response on VAW, but suffered from limited financial and political support. Results also suggest that there was low engagement by the health sector in the initial policy response to VAW in Sri Lanka, which focused primarily on criminal legislation, following global influences. Furthermore, a lack of empirical data on VAW has impeded its promotion as a health policy issue, despite financial support from international organisations enabling an initial health systems response by the Ministry of Health. Until a legal framework was established (2005), the political context provided limited opportunities for VAW to also be construed as a health issue. It was only then that the Ministry of Health got legitimacy to institutionalise VAW services. Nearly a decade later, a change in government has led to a new national plan on VAW, giving a clear role to the health sector in the fight against VAW. High-level political will, criminalisation of violence, coalesced women's groups advocating for legislative change, prevalence data, and financial support from influential institutions are all critical elements helping frame violence as a national public health issue.

  18. Strategic political postures and political market orientation

    DEFF Research Database (Denmark)

    Ormrod, Robert P.; Henneberg, Stephan C.

    2010-01-01

    by developing an integrated concept of political marketing strategy using two complementary frameworks, namely Strategic Political Postures (SPP) and Political Market Orientation (PMO). We introduce the two main concepts and derive for each of the strategic posture-specific PMO profiles as well as inter......Recently, the areas of strategic political marketing and political market orientation have been the subject of several conceptual articles which have provided the theoretical foundations for further empirical work. However, despite the close conceptual relatedness of the proposed concepts......, these have yet to be integrated to provide a more nuanced framework which both researchers and political marketing practitioners can utilise in the development of strategies and offerings with which to achieve their organizational goals. The aim of this conceptual paper is to address this deficit...

  19. Legal requirements for long-lasting radioactive waste disposal; Rechtliche Anforderungen der Beseitigung hochradioaktiver langlebiger Abfaelle

    Energy Technology Data Exchange (ETDEWEB)

    Giesselmann, Matthias

    2016-07-01

    The topic of nuclear disposal has been treated in juridical regard up to now only rudimentary. To this day the federation has not met the legal obligation existing for roughly 40 years to set up a plant for the safekeeping and for the permanent storage of highly-radioactive waste. Repeatedly changed disposal-conceptual approaches have contributed perpetually to a temporal shift of the ''dumping question'' into an uncertain future. Against this background it seems necessary on to examine whether such a ''politics of ephemeral solution attempts'' is legally to be accepted (any longer). Hence, including the recently remitted site selection law the author works out extensively the removal regime applying in Germany for highly radioactive long-lasting rubbish and verifies his compatibility with the European law, the German constitutional law and the thematically relevant International treaty law.

  20. A sublimação jurídica da função social da propriedade The legal sublimation of the social function of property

    Directory of Open Access Journals (Sweden)

    Rafael Lazzarotto Simioni

    2006-01-01

    Full Text Available O sentido sociológico da função social da propriedade oscila sobre um paradoxo que as teorias jurídicas e políticas do pós-guerra escondem através da idéia do Estado de Direito e do Estado Benfeitor. A função social da propriedade ilustra esse estágio de desenvolvimento das relações comunicativas entre a Política e o Direito, onde a primeira não tem alternativa senão transferir seus conflitos para o segundo, transformando os conflitos políticos em conflitos jurídicos. Como será visto neste artigo, o resultado dessa sublimação jurídica dos conflitos políticos é a generalização simbólica das expectativas políticas na forma de expectativas normativas, que nessas condições podem ser tranqüilizadas artificialmente pela programação condicional do Direito.The social function of property oscillates on a paradox that the juridical and political theories of the postwar period hide through the idea of the Rule of Law and the Welfare State. The social function of property illustrates that development of the communicative relations between Politics and Law, in which the first transfers its conflicts to the latter, turning political conflicts into legal ones. As it will be seen in this article, the result of that legal sublimation of the political conflicts is the symbolic generalization of the political expectations in the form of normative expectations, so that in those conditions they can be artificially tranquilized by the conditional programming of the Law.

  1. Exploring Women's Understanding of Politics, Political Contestation ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Exploring Women's Understanding of Politics, Political Contestation and Gender ... First, researchers will explore women's political leadership and the extent to ... Sign up now for IDRC news and views sent directly to your inbox each month.

  2. Political symbols and political transitions

    Directory of Open Access Journals (Sweden)

    Herrero de Miñón, Miguel

    2006-11-01

    Full Text Available Politics, Law and Psychology are fields that come together in the symbolic. This text takes evidence from those three areas to develop an analysis of political symbols and political transitions. The development of the analysis goes through three stages. The first succinctly describes the concept of transition and its meaning. The second closely examines the notion of the symbol, in terms of its definition, to explain aspects that allow us to understand it, characterise it and make its functions clear. Finally, from the author's experience as a witness and as an actor, I suggest three ways of understanding symbols in the processes of political transition: as symbols of change, as symbols of acknowledgment, and as symbols of support.

  3. Political Education as a Means of Political Socialization.

    Science.gov (United States)

    Grabe, Weronika; Knobelsdorf, Wodzimierz

    1980-01-01

    This essay describes the dimensions of political socialization with systematic political education as a major component. Both promote individual acceptance of political norms--particularly where government and school systems are tightly linked. The authors argue that political socialization should promote effective citizenship rather than simply…

  4. On Plagiarism and Power Relations in Legal Academia and Legal Education

    Directory of Open Access Journals (Sweden)

    Tilen Štajnpihler

    2017-12-01

    Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

  5. Merging electricity and environment politics of Hong Kong: Identifying the barriers from the ways that sustainability is defined

    International Nuclear Information System (INIS)

    Lo, Alex Y.H.

    2008-01-01

    The present paper presents a study of the electricity policy of Hong Kong in an environmental-political context. Through a critical review of the policy structure and rationale, it identifies the barriers to developing a truly sustainable electricity policy system and is expected to shed light on the forthcoming electricity market reform in the territory. The barriers stem from the path-dependent institutional set-ups that restrict a timely transformation of the roles of the actors. And this is coupled with the government's treatment that does not look beyond these structural constraints, overly appreciating scientific and economic rationalities than communicative actions. The author is of the view that these are intensified by the sharp changes in the local political economy. Positive signs of change are dampened by the minimal progress in democratic development in the near future and the extension of the power companies' monopolist status that will ruin the 'trust' between the stakeholders compounding the guilt of those rigid regulatory constraints

  6. Knowledge gained from the founding and operation of EURODIF with respect to political and legal structures which may be used in the establishment of a multinational commercial plant for uranium isotope separation

    International Nuclear Information System (INIS)

    1979-03-01

    The political and legal problems and the decisions to be made in establishing a multi-national enrichment venture are reviewed in the context of the EURODIF facility. It is argued that location is important economically, since enrichment processes (especially diffusion) are highly energy-intensive, and strategically, in that diversity of location contributes to assurances of supply. Technology is also considered a fundamental factor. Potential partners are categorized according to: Those who are able to bring a viable enrichment technique, those who are able to make a commercial contribution, e.g. by contracting to purchase a portion of the product, those who are attracted by a potential profit and are able to make a financial contribution, those who are able to provide a source of energy, and those who have the engineering expertise needed to carry out a large-scale project. The development of the EURODIF facility, the partners selected, and the reasoning which led to some of the decisions are reviewed

  7. Does state-level context matter for individuals' knowledge about abortion, legality and health? Challenging the 'red states v. blue states' hypothesis.

    Science.gov (United States)

    Bessett, Danielle; Gerdts, Caitlin; Littman, Lisa L; Kavanaugh, Megan L; Norris, Alison

    2015-01-01

    Recently, the hypothesis that state-level political context influences individuals' cultural values--the 'red states v. blue states' hypothesis--has been invoked to explain the hyper-polarisation of politics in the USA. To test this hypothesis, we examined individuals' knowledge about abortion in relation to the political context of their current state of residence. Drawing from an internet-survey of 586 reproductive-age individuals in the USA, we assessed two types of abortion knowledge: health-related and legality. We found that state-level conservatism does not modify the existing relationships between individual predictors and each of the two types of abortion knowledge. Hence, our findings do not support the 'red states' versus 'blue states' hypothesis. Additionally, we find that knowledge about abortion's health effects in the USA is low: 7% of our sample thought abortion before 12 weeks gestation was illegal.

  8. Political party affiliation, political ideology and mortality.

    Science.gov (United States)

    Pabayo, Roman; Kawachi, Ichiro; Muennig, Peter

    2015-05-01

    Ecological and cross-sectional studies have indicated that conservative political ideology is associated with better health. Longitudinal analyses of mortality are needed because subjective assessments of ideology may confound subjective assessments of health, particularly in cross-sectional analyses. Data were derived from the 2008 General Social Survey-National Death Index data set. Cox proportional analysis models were used to determine whether political party affiliation or political ideology was associated with time to death. Also, we attempted to identify whether self-reported happiness and self-rated health acted as mediators between political beliefs and time to death. In this analysis of 32,830 participants and a total follow-up time of 498,845 person-years, we find that political party affiliation and political ideology are associated with mortality. However, with the exception of independents (adjusted HR (AHR)=0.93, 95% CI 0.90 to 0.97), political party differences are explained by the participants' underlying sociodemographic characteristics. With respect to ideology, conservatives (AHR=1.06, 95% CI 1.01 to 1.12) and moderates (AHR=1.06, 95% CI 1.01 to 1.11) are at greater risk for mortality during follow-up than liberals. Political party affiliation and political ideology appear to be different predictors of mortality. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  9. The political evolution and the legal framework during the Civil War. Scarcity of monographs and a proliferation of biographies and witness accounts

    Directory of Open Access Journals (Sweden)

    Javier GARCÍA FERNÁNDEZ

    2015-03-01

    Full Text Available This article examines the literature relating to the organisation of the Republican State and the State in the rebel area during the Spanish Civil War. We identify in both cases the works relating to the organs of the State at the international, national and local levels. Literature concerning official repression in the Republican and rebel areas is included as well. We have also added analyses of the more relevant political events, ideological trends, main political parties and singular political groups in both areas.

  10. Politics Backstage - Television Documentaries, Politics and Politicians

    Directory of Open Access Journals (Sweden)

    Ib Bondebjerg

    2006-09-01

    Full Text Available This article deals with "the transformation of visibility" in political discourse on and representation of politics and politicians in resent Dansih television documentaries. Drawing on the theories of Habermas, Meyrowitz and John B. Thompson, it is argued that the political persona on television is moved closer to the individual citizen, creating a sort "mediated quasi-inter- action" giving mediated communication a stronger element of face-to-face interaction. Together with the more pervasive "live" coverage of politics and politicians, this expands media coverage to both the backstage of political processes and the private and personal backstage of politicians, changing the form of democracy and public debate.

  11. On the authority of the Federal Government to give directions in nuclear law licensing procedures - prerequisites and legal protection

    International Nuclear Information System (INIS)

    Wagner, H.

    1987-01-01

    Due to the differences about the future energy policies between the big political parties there is a growing confrontation between the Federal Government and some Laender about granting licences for the erection and operation of nuclear plants. On this background the author deals with the legal problem if a Land was directed by the Federal Government to grant the atomic licence and the Land would file an appeal. (WG) [de

  12. Evolution of the legal system of nuclear research in the European Communities

    International Nuclear Information System (INIS)

    Prelle, M.

    1977-01-01

    Twenty years after the creation of Euratom, the Treaty establishing it is analysed together with the procedures for setting up joint projects and research programmes. The projects and programmes and their results are described as are the changes in the outlook and objectives of Euratom as compared with its original concept. In view of developments in the nuclear field, from the economic, political and social angles, its legal basis has developed greater flexibility from the institutional point of view, thus enabling closer co-operation between the Member States and the Commission in the setting up of efficient and useful programmes for the Communities. (NEA) [fr

  13. Social and legal frame conditions for 3D (and) bioprinting in medicine.

    Science.gov (United States)

    Bauer, Heide-Katharina; Heller, Martin; Fink, Matthias; Maresch, Daniela; Gartner, Johannes; Gassner, Ulrich M; Al-Nawas, Bilal

    The beginnings of three-dimensional (3D) printing and bioprinting can be traced to as early as 1984. From printing inorganic models for the generation of biologic scaffolds, additive manufacturing (AM) developed to the direct printing of organic materials, including specialized tissues, proteins, and cells. In recent years, these technologies have gained significantly in relevance, and there have been several innovations, especially in the field of regenerative medicine. It is becoming increasingly important to consider the economic and social aspects of AM, particularly in education and information of medical human resources, society, and politics, as well as for the establishment of homogenous, globally adapted legal regulations.

  14. Project Plans, Constraints to Growth and the Impact of Cost Escalation through The Middle East and North Africa (MENA) Prism

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-07-01

    MENA national oil companies (NOCs) are targeting ambitious energy expansion, with mid-term plans for a 5.8 million b/d net boost to crude capacity, 1.9 million b/d more NGLs and 400 Bcm/year more gas, alongside significant refining and LNG additions. Nevertheless, a review of historical project delivery sounds a note of caution over timing - with a number of countries prone to delays and others, outright deferrals, even if market leaders, Saudi Arabia and Qatar, remain more resolutely on course. Cost escalation since 2002 has compounded the regional tendency towards delays, although the impact on project delivery has been moderated by a willingness to increase budgets where project economics remain sound. That leaves political factors as the principal constraint to regional expansion, complicated in part by increasing pluralism in political participation and valid concerns about the management of resources for long-term sustainability, rather than near-term profit. With most constraints to development expected to remain at the political level, there is a clear case for consumers to be more explicit about future needs. There is also a need to engage with growing constituencies in some states favouring a 'go slow' approach to hydrocarbon development where policymakers have made the case for considered expansion.

  15. The Legal Implications for the Navigation Development of Bystroye Channel

    Directory of Open Access Journals (Sweden)

    Tache Bocaniala

    2009-10-01

    Full Text Available On May 11, 2004, Ukraine began the construction of the Danube - Black Sea Channel (Chilia and Bystroe river branch in the Danube Delta. The project, which had economic, political and even military interests, has been questioned since the formation of national and international environmental organizations (of both countries, which are likely to cause significant negative transboundary impact on the Danube Delta ecosystem. We conclude that, in defiance of the bilateralagreements with the Romanian and the international ones, Ukraine continued its works to complete the project, applying the policy of the complete fact. In this document we intend to highlight anumber of legal implications of the problem and the current international context as well, favorable for directing the demarche to a correct resolution.

  16. POLITICAL PARTIES AND THEIR ROLE IN SAFEGUARDING THE SUPREMACY OF THE CONSTITUTION

    Directory of Open Access Journals (Sweden)

    Silvia-Elena, OLARU

    2014-11-01

    Full Text Available Nowadays, the political scene of the world is stirred by political parties. The separate fronts of the Government, on the one side, and Parliament, on the other, are now obsolete notions, while political parties dominate social life, having become genuine states in state. Therefore, within the contemporary organization of the powers in state, the issues are assessed from a different perspective: traditional structures are maintained, while their functions evolve and transform rapidly. A modern society without political parties is unconceivable. Today, more than ever, political parties deserve their qualification of "engines of political life" and "reasons of the aging of the classical theory of the separation of powers"; at the same time, they must act within the boundaries set by law, namely by observing the principles of a democratic state and the constitutional order. When dealing with the theory of the separation of powers in state, we must keep in mind that, to a large extent, it was developed in a time in which political parties did not exist yet or were not in their modern form. The main problems were of institutional nature and referred to the various bodies, their competencies and the relationships between them. Unfortunately, in societies in transition, where authentic democracy is still developing, political parties - in some countries - perceive governing as a means of obtaining ministerial portfolios at all costs, irrespective of whether they have professionals for the field concerned or not. This often creates a governmental crisis, which usually leads to changing the incumbents and obtaining more positions in the new government. In this context, some of the incumbent parties set up all kinds of obstacles in order to limit the number of parties, and if this limitation fails, they manage to create legal provisions which discriminate among parties with seats in Parliament and those which are not represented, both in local and

  17. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  18. U.S. Case Law and Legal Precedent Affirming the Due Process Rights of Immigrants Fleeing Persecution.

    Science.gov (United States)

    Sidhu, Shawn S; Boodoo, Ramnarine

    2017-09-01

    The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases. We review the 1951 Convention Related to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees and examine subsequent case law and legal precedent. We then present evidence documenting widespread violations of due process rights for immigrants fleeing persecution. Specifically, we address the right to a fair hearing for individuals fearing for their lives upon return to their home country, the right against wrongful detainment, and the right to apply for asylum regardless of religion or country of origin. We conclude by addressing potential counterarguments to our thesis, future directions, and the role of forensic psychiatrists. © 2017 American Academy of Psychiatry and the Law.

  19. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    Directory of Open Access Journals (Sweden)

    Oleksii Drozd

    2017-12-01

    Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

  20. Political Science and Political Geography: Neglected Areas, Areas for Development.

    Science.gov (United States)

    Laponce, J. A.

    1983-01-01

    Since at least the 1950s, political scientists have tended to ignore the possible contributions of political geography to political science because of a move away from considering spatial factors on political structure. Political scientists need to use more information from geography to enhance their understanding of political power and conflict.…