ARBITRARY WITHHOLDING OF CONSENT TO HUMANITARIAN ASSISTANCE IN SITUATIONS OF DISASTER

2015 ◽  
Vol 64 (3) ◽  
pp. 501-531 ◽  
Author(s):  
Sandesh Sivakumaran

AbstractFollowing a large-scale disaster, such as a major earthquake, tsunami or cyclone, tens of thousands of persons are often displaced, suffer from food shortages and in need of medical assistance. In situations in which the State affected by the disaster does not meet the needs of the affected persons itself, humanitarian assistance from outside the State might be required. This article considers the role of consent to external humanitarian assistance on the part of the affected State. As there is no single overarching treaty in the area of humanitarian assistance in situations of disaster, the article explores the role of consent in the various disaster-specific, subject-specific and region-specific treaties as well as in the soft law instruments in the area. Although the instruments take seemingly different approaches to the subject, a common standard is identified, namely that consent on the part of the affected State is required before external assistance can be provided but that consent cannot be arbitrarily withheld. The article then goes on to give content to the arbitrary withholding standard, breaking it down into its substantive and procedural elements. These include the meaning of the term ‘arbitrary’; the requirement to provide a reason for the withholding of consent; legitimate grounds for withholding consent; and the actor that assesses the justification. Regard is had for State practice in the context of disasters as well as other areas of the law in which similar tests are used.

2020 ◽  
pp. 126-133
Author(s):  
S. K. Eshugova ◽  
S. K. Khamirzova

Studying the role and place of state corporations, as well as improving their activities in the framework of stimulating the real sector of the Russian economy is a relevant issue. The subject of the research is organizational and managerial relations arising in the system of functioning of state corporations and their impact on the real sector of economy. The aim of the research is to substantiate the role of state corporations in the development of the real sector of the Russian economy and to develop practical recommendations to improve the efficiency of their functioning in modern conditions. The article reveals the essence, as well as the significant role of state corporations in the innovative modernization of the Russian economy; the necessity of using impressive organizational, financial and economic potential of state corporations in stimulating the development of competitive industries in various sectors of the real sector of the economy is substantiated. There are three main types of state corporations in the Russian economy: a) financial development institutions; their activities are aimed at financing large projects; b) industrial corporations; c) directorates for the implementation of government programs with limited periods of operation and a set of specific tasks for implementation. An analysis of the scale of activity of the state corporate sector has shown that at present state corporations control about 40% of the economy and provide more than half of the state GDP; their financing accounts for about 25% of the expenditure side of the RF budget. The article concludes that state corporations are the locomotives of growth in the real sector of economy, established by the state at the expense of the budget to carry out large-scale projects or to solve important economic and social problems.


e-Finanse ◽  
2018 ◽  
Vol 14 (4) ◽  
pp. 67-76
Author(s):  
Piotr Bartkiewicz

AbstractThe article presents the results of the review of the empirical literature regarding the impact of quantitative easing (QE) on emerging markets (EMs). The subject is of interest to policymakers and researchers due to the increasingly larger role of EMs in the world economy and the large-scale capital flows occurring after 2009. The review is conducted in a systematic manner and takes into consideration different methodological choices, samples and measurement issues. The paper puts the summarized results in the context of transmission channels identified in the literature. There are few distinct methodological approaches present in the literature. While there is a consensus regarding the direction of the impact of QE on EMs, its size and durability have not yet been assessed with sufficient precision. In addition, there are clear gaps in the empirical findings, not least related to relative underrepresentation of the CEE region (in particular, Poland).


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


Author(s):  
Sylvain K. Cibangu ◽  
Mark Hepworth ◽  
Donna Champion

In recent years, the rise of information and communication technologies (ICTs) contrasted with the dire living conditions of the world's poorest has been the subject of debate among industry and academia. However, despite the amount of writings produced on mobile phones, Western bias is surprisingly unbridledly prevailing alongside the fêted dissemination of mobile phones. Expansive literature tends to present the rapid adoption of mobile phones among rural individuals, with little to no indication of how local values and voices are respected or promoted. We undertook semi-structured interviews with 16 rural chiefs to inquire into ways in which mobile phones enabled socio-economic development in the rural Congo. Rather than using quantitative, large-scale, or top-down data, we sought to give voice to chiefs themselves about the role of mobile phones. We found that Western bias dominates the literature and deployment of mobile phones more than usually acknowledged. We suggested some paths forward, while bringing the African communal Utu or Ubuntu culture to the center stage.


1979 ◽  
Vol 11 (2) ◽  
pp. 325-342 ◽  
Author(s):  
Steven Topik

The economic role of the Brazilian State has received much attention recently from economists. Those who have studied it generally assume that the State first became economically active on a large scale after 1930 when it fostered industrialization. They also assume, often implicitly, that politicians and bureaucrats have had a great deal of freedom of action in policy formulation and that greater state economic intervention increases national independence from foreign markets and capitalists.1


2018 ◽  
Vol 46 (4) ◽  
pp. 560-585
Author(s):  
Sinja Graf

This essay theorizes how the enforcement of universal norms contributes to the solidification of sovereign rule. It does so by analyzing John Locke’s argument for the founding of the commonwealth as it emerges from his notion of universal crime in the Second Treatise of Government. Previous studies of punishment in the state of nature have not accounted for Locke’s notion of universal crime which pivots on the role of mankind as the subject of natural law. I argue that the dilemmas specific to enforcing the natural law against “trespasses against the whole species” drive the founding of sovereign government. Reconstructing Locke’s argument on private property in light of universal criminality, the essay shows how the introduction of money in the state of nature destabilizes the normative relationship between the self and humanity. Accordingly, the failures of enforcing the natural law require the partitioning of mankind into separate peoples under distinct sovereign governments. This analysis theorizes the creation of sovereign rule as part of the political productivity of Locke’s notion of universal crime and reflects on an explicitly political, rather than normative, theory of “humanity.”


1976 ◽  
Vol 19 (4) ◽  
pp. 947-968 ◽  
Author(s):  
Alexander De Grand

Perhaps because the subject seemed so obvious, there has been little work done on women under fascism. This omission is unfortunate not only because Fascist policy was more complicated than the general impression of it but also because it offered an interesting example of the interaction between propaganda and reality in an authoritarian society. Women played an important role in several major propaganda campaigns of fascism, such as the ruralization policy and the battle to increase the birth rate. Concern for the role of women was at the heart of the conservative and stabilizing nature of fascism and, in so far as it meant the subjugation of the private lives of citizens to the demands of the State, policy towards women reflected the totalitarian and imperialistic side of fascism as well.


2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.


2010 ◽  
Vol 34 (3) ◽  
pp. 265-286 ◽  
Author(s):  
Michael Church

Modern geomorphology was founded in the nineteenth century as an exercise of historical interpretation of landscapes. After the mid-twentieth century it dominantly became a quest to understand the processes by which landscapes are modified. This focused attention on the measurement of sediment fluxes on synoptic timescales and on a reductionist, Newtonian programme of construction of low-order theories about those fluxes, largely imported from engineering science. The period also saw the emergence of an applied geomorphology. Toward the end of the twentieth century the subject was dramatically transformed by improved technologies for remote sensing and surveying of Earth’s surface, the advent of personal computation and of large-scale computation, and important developments of absolute dating techniques. These technical innovations in turn promoted recognition of geomorphology as a ‘system science’ and facilitated the reintegration of tectonics into geomorphology, opening the way for a renewed consideration of the history of the landscape. Finally, increasing recognition of the dominance of human agency in contemporary modification of Earth’s terrestrial surface has become a significant theme. Important influences on the continuing development of the subject will include the search for physically sound laws for material fluxes; reconciling geomorphological information and process representations across spatial and temporal scales, in both observation and theory; comprehending complexity in geomorphological processes and landform histories; incorporating the geomorphological role of living organisms, particularly micro-organisms; understanding the role of climate in geomorphology, both in the contemporary changing climate and in the long term; and fully admitting the now dominant role of humans as geomorphic agents. Geomorphology is simultaneously developing in diverse directions: on one hand, it is becoming a more rigorous geophysical science — a significant part of a larger earth science discipline; on another, it is becoming more concerned with human social and economic values, with environmental change, conservation ethics, with the human impact on environment, and with issues of social justice and equity.


2019 ◽  
Author(s):  
Ulrich Schroeders ◽  
Malte Jansen

Academic self-concept is understood as a multidimensional, hierarchical construct. Multidimensionality refers to the subject-specific differentiation of academic self-concepts, whereas hierarchy refers to the aggregation of more specific facets of self-concepts into more general ones. Previous research demonstrated that students distinguish between their self-concepts in biology, chemistry, and physics if taught as separate school subjects, as is done in Germany. However, large-scale international educational studies, such as PISA, often use a monolithic science self-concept measure. It is yet unclear whether an aggregate of subject-specific self-concepts is equivalent to a directly measured science self-concept. We assessed the subject-specific and and a general science self-concept of 1,232 German grade 10 students. A higher-order factor model and a bifactor model demonstrated a very high correlation between the “inferred” and the explicitly assessed general science self-concept. Despite the high empirical overlap, we argue for a more nuanced view of the science self-concept, because statistical unity is not to be confused with causal unity. Moreover, from a methodological perspective, we used multi-group confirmatory factor analysis to examine the mean structure and local weighted structural equation models to study measurement invariance across science ability. Implications for the theoretical status of self-concept as a hierarchical construct are discussed.


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