The Commonwealth and the Concept of Domestic Jurisdiction

Author(s):  
John M. Howell

The tendency to hold the United States entirely responsible for the domestic jurisdiction reservation has diverted attention from the role of the Commonwealth members in the definition of that clause. Commonwealth members were concerned with it at the Paris Peace Conference and the San Francisco Conference and, as members of both world organizations established at those conferences, have taken a lead in applying the reservations drafted on both occasions. At San Francisco it was the Australian, Herbert V. Evatt, as well as John Foster Dulles, who proposed broadening the effect of the domestic jurisdiction reservation in Article 2, paragraph 7, of the Charter of the United Nations. It was again Evatt who headed the sub-committee of the Security Council to determine international competence to deal with the Franco regime in Spain and who managed the reversal of the limitation for which he had fought at San Francisco. It was in a dispute between India and the Union of South Africa that the General Assembly elaborated on the beginning made by Evatt in developing the concept of “international concern.” In the World Court the Commonwealth countries have been parties to leading cases involving domestic jurisdiction and, perhaps partly through their capable legal arguments, have succeeded in having their views incorporated into Court opinions and decisions. The Permanent Court of International Justice, for example, adopted much of the British argument in its Advisory Opinion in the Tunis-Morocco Nationality Decrees case.

Author(s):  
D.V. Zhmurov ◽  

The article presents an analysis of the cybervictimization phenomenon. The author justifies the use of an integrative (interdisciplinary) approach to the study of this problem, proposes the definition of the term under study as a process or end result of becoming a crime victim in the sphere of unified computer networks. A theoretical and methodological matrix for the analysis of cybervictimization (PCPPE model) was developed. The model includes five system characteristics of cybervictimization, the comprehensive study of which to a maximum extent will simplify the understanding of the essence of the object of study. These characteristics include: profiling, conditionality, prevalence, predictability and epidemicity. Each of these aspects is explained in detail: the author developed a detailed nomenclature of cybervictimization forms. The problems of identifying its extent, as well as the determinant role of gender, age, behavioral and personal factors are discussed in the article, and a list of key cybervictimization acts is formulated. This meta-analysis includes thirteen global categories and about seventy of its accent forms. Among the global categories the following ones are identified: threats, harassment, illegal interest, infringement, insult, spoofing, disclosure, compulsion, seizure, infecting, access and use. The prevalence rates of cybervictimization on the example of the United States (Internet Crime Report) are also studied, certain aspects of the methodology of cyber victim number counting are considered.


2021 ◽  
Vol 2021 (1) ◽  
pp. 7-45
Author(s):  
Serhii KORABLIN ◽  

For almost 30 years of independence, Ukraine has experienced a number of deep economic, financial, banking, debt, currency and inflation crises. In some cases, they were extraordinary. As a result, the current real GDP of the country remains a third less than in 1990. One of the reasons for this was the unstable nature of economic recovery and currency price stabilization at the beginning of the zero years and in 2010-2013. After all, during the crises of 2008-2009 and 2014-2015, Ukraine set world anti-records due to falling its GDP up to 14.8 % and 15.8%, respectively. This was accompanied by the deep devaluation crises and the recurrence of uncontrolled inflation. In principle, the systemic relationship between the fragility of production, exchange rate and price dynamics appeared in Ukraine in the 1990s when its real GDP fell by 59%. The scale of that crisis was twice the scale of the Great Depression in the United States, accompanied by devastating devaluation and inflationary shocks. The article is devoted to the study of methodological and practical approaches to the definition of monetary security. The experience of their implementation in Ukraine is considered. The criteria of successful monetary policy applied within the neoliberal discourse are analyzed. The logic and reasons for their gradual transformation over the last 30 years are shown. The decisive role of the global crisis of 2008-2009 in the theoretical and practical changes observed in the world’s leading economies in terms of defining the goals, objectives and instruments of their monetary policy is reflected. An analysis of some outcomes of the implementation of domestic monetary strategy is given. The problematic nature of determining its priority goal is shown. The ambiguity of methods and consequences of targeted reduction of inflation in Ukraine is noted. The impossibility of maintaining its low and stable level under the conditions of free floating exchange rate of hryvnia is substantiated.


Author(s):  
Patricia Findley

The role of disability rights has developed and evolved over the course of the United States’ history. The definition of disability has broadened as well as the pursuit for equal treatment, inclusion, and more accessible environments. Key pieces of legislation such as the Mental Retardation Facilities and Community Mental Health Centers Construction Act, the Rehabilitation Act, the Individuals with Disabilities Education Act, and the Americans with Disabilities Act demonstrate a course of steps toward these more empowering themes of independence for those with disabilities. Disability advocates are strong in their message of “nothing about us, without us.” The disability rights movement helped to propel culture shifts and has promoted inclusion of individuals with disabilities. Despite the intention of disability policy to move the nation to more accessible, inclusive, and less discriminatory environments, more work is still needed to support the rights of those with disabilities.


Author(s):  
Antonio Sarría-Santamera ◽  
David B. Matchar ◽  
Emma V. Westermann-Clark ◽  
Meenal B. Patwardhan

Objectives:The purpose of this study was to identify the Evidence-Based Practice Center (EPC) network participants' perceptions of the characteristics of the EPC process and the relationship of the process to the success of EPC reports.Methods:Semistructured interviews were conducted with the three groups involved in the EPC: EPC staff, Agency for Healthcare Research and Quality (AHRQ) staff, and representatives of partner organizations.Results:The analysis of the coded transcripts revealed three related major themes, which form the conceptual basis for the interpretation presented here: the definition of a successful report, the determinants of a successful report, and the role of AHRQ in the process.Conclusions:A successful report is a report that is used. The ultimate success of the core health technology assessment objective, moving from research to policy, depends on balancing two values: excellence and relevance. Our findings are consistent with the “two communities thesis,” which postulates the existence of two camps that confer different values to excellence and relevance, with resulting tension. A promising model for approaching this tension is integration or collaboration, which requires linking researchers and policy makers, promoting productive dialogues about the formulation and timing of analysis, and early consideration of how the resulting analysis will be used. This effort suggests that actively blurring the frontiers between these two groups will enhance their interaction. Furthermore, enhancing the role of the AHRQ as scientific broker will maximize the potential of the EPC network.


2010 ◽  
Vol 4 (4) ◽  
pp. 323-333 ◽  
Author(s):  
Kevin Melchionne

Unintended pregnancy often leads to undesirable outcomes for both mothers and children. However, the definition of unintended pregnancy in the sociology of family formation has been restricted to the intentions of mothers. The intentions of fathers—and, with them, the possible role of disagreement about pregnancy intention—remain outside most conceptual frameworks and research programs. This article draws together a number of indicators of unilateral pregnancy in research on contemporary family formation in the United States. Studies of pregnancy intendedness and contraceptive use consistently provide evidence suggesting a significant role for unilateral pregnancy in family formation. Working on the assumption that unilateral pregnancy presents great potential for social dislocation, this article argues for the integration of the concept of unilateral pregnancy into the theoretical framework informing research on family formation.


2021 ◽  
Author(s):  
Victoria Fulford

The purpose of this research paper is to examine the celebrity phenomenon as it relates to consumer magazines produced in the United States. Boorstin's definition of the term celebrity is a broad one, encompassing all persons who are known simply for their "well-knownness," regardless of vocation (Boorstin 57). For the purposes of this paper, this classification will be abridged, focussing solely on well-known persons or celebrities engaged in the dramatic arts. George Simmel, a first generation German sociologist whose work has had a seminal influence on the development of modern philosophy and sociology, addresses the role of the actor in shaping public opinion and, in turn, reality. More recently, scholars across a diversity of fields from sociology to film studies, such as Alberoni, Dyer, Gamson, Kellner, and Moran, have examined the influence of celebrities on societal values and culture. Film critic Richard Schickel has gone so far as to call celebrity "possibly the - most vital shaping (that is to say, distorting force) in our society" (xi).


Author(s):  
Montejo Blanca

In 1923, Greece and Turkey entered into the Treaty of Lausanne to regulate the orderly transfer of Greek and Turkish populations displaced by the First World War. The treaty established a Mixed Arbitral Tribunal and a Mixed Commission to deal with property issues ensuing from the transfer of populations. However, a dispute arose in the implementation of the treaty which was ultimately referred to the Permanent Court of International Justice (PCIJ) for an advisory opinion. In its decision, the PCIJ sketched some of the main features of the international legal personality of international organizations and articulated the basic elements of the implied powers doctrine, thereby initiating the path towards consolidating the role of international organizations as international actors in their own right with powers beyond those strictly attributed to them by their establishing treaties. Some authors have assessed the performance of the Court in critical terms.


2021 ◽  
Vol 98 (3) ◽  
pp. 2-27
Author(s):  
Brent M. S. Campney

This study investigates anti-Chinese violence in the American West—focusing primarily on events in the Arizona Territory between 1880 and 1912—and the role of diplomatic relations between the United States and China in tempering the worst excesses of that violence. Recent scholarship asserts that the Chinese rarely suffered lynching and were commonly targeted for other types of violence, including coercion, harassment, and intimidation. Building on that work, this study advances a definition of racist violence that includes a broad spectrum of attacks, including the threat of violence. While affirming that such “subtler” violence achieved many of the same objectives as the “harsher” violence, it seeks to explain why whites used such radically different and less openly violent methods against this minority and explains why this difference mattered. Using these insights to interrogate the complex relationship between the United States and China, this essay shows that Chinese diplomatic influence stifled anti-Chinese mob violence by white Americans. It argues that this relationship denied white racists the same agency against the Chinese immigrants as they possessed against other racial and national minorities and thus forced them to “choose” the “subtler” acts of violence against this group rather than those usually employed against these others.


2019 ◽  
pp. 123-150
Author(s):  
George P. Fletcher

This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.


Pharmacy ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 88
Author(s):  
Juanita A. Draime ◽  
Emily C. Wicker ◽  
Zachary J. Krauss ◽  
Joel L. Sweeney ◽  
Douglas C. Anderson

Pharmacy technician roles are evolving alongside the changing role of a pharmacist. There is currently no uniform definition of a pharmacy technician’s role in the pharmacy workforce. The objective of this study was to look at the United States-based pharmacy technician advertisement database from Pharmacy Week to find patterns and commonalities in the duties and qualifications of pharmacy technicians. A retrospective analysis was performed on fourteen days of pharmacy technician job listings from Pharmacy Week from the year 2018. Information obtained from the listings included job title, location, setting, type of job, job duties, and job requirements. Job duties and requirements were coded by themes. Fourteen days of data resulted in 21,007 individual position listings. A majority of the job listings were for full-time positions (96.4%) and most were in the retail setting (96.78%). The most common requirements were registration with State Board, high school diploma, ability to perform tasks, communication, and physical. The most common job duties were general office etiquette, performing tasks under the direct supervision of the pharmacist, and professionalism. This study provides a description of the evolving role of pharmacy technicians through the broad variety in expectations for requirements of pharmacy technician applicants and the duties they perform when hired.


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