Bounded by the State: Government Priorities and the Development of Private Philanthropic Foundations in China

2015 ◽  
Vol 224 ◽  
pp. 1083-1092 ◽  
Author(s):  
Weijun Lai ◽  
Jiangang Zhu ◽  
Lin Tao ◽  
Anthony J. Spires
Keyword(s):  
Civil Society ◽  
State Government ◽  
Legal Framework ◽  
The State ◽  
Representative Survey ◽  
Private Foundation ◽  
Private Foundations ◽  
Regulatory Perspective ◽  
Nationally Representative ◽  
The Government

AbstractFrom a regulatory perspective, philanthropy in China has been officially modernized. Since the government established a legal framework in 2004 based on models from overseas, the number of private foundations in China has grown more than six-fold. Drawing on a nationally representative survey of 214 private foundations conducted in 2012, we present a landscape view of these new philanthropic institutions, discussing both who begins foundations and how their monies are used. We find that despite the rise of new private wealth in China and the adoption of the private foundation form, government priorities are structuring the field of Chinese philanthropy in key and consequential ways. We conclude with some considerations of the implications of these findings for the development of broader civil society.

scholarly journals CIVIL SOCIETY DI INDONESIA: SUATU KONSEKUENSI LOGIS TERWUJUDNYA GOOD GOVERNANCE

2021 ◽  
Vol 3 (4) ◽  
pp. 90-96
Author(s):  
Adriani Adnani
Keyword(s):  
Civil Society ◽  
State Government ◽  
Good Governance ◽  
Logical Consequence ◽  
The State ◽  
The People ◽  
Narrow View ◽  
Government Bureaucracy ◽  
The Government ◽  
Community Cooperation

Civil society is one of the three important sectors of society, along with government and business. Civil society is one of the important elements of the democratization process in Indonesia. In accordance with the problems formulated above, the purposes of this discussion are to find out the description of civil society in Indonesia, and to find out efforts to strengthen civil society as a logical consequence of the realization of Good Governance in Indonesia. The development of civil society involves all aspects and dimensions of life. Therefore, efforts and commitment are needed to strengthen the community. Cooperation is needed because no party, organization, institution or anything even the government can carry it out alone. The relationship between civil society and good governance is symmetrical between the two. This is because the two concepts were born from the concept of democracy that upholds the values of justice, freedom, individual and group rights. Furthermore, democracy requires the state in carrying out its activities to be open to the public. Strengthening civil society in the flow of democracy must be realized as an absolute necessity for the implementation of a 'strong' and 'clean' government. The weakness of civil society in Indonesia is marked by widespread rejections of state/government policies by the people and these rejections have not received a meaningful response from the state/government. In the process of determining policies, the government bureaucracy still feels that citizens are used as objects of policy. This kind of narrow view will make the government anti-suggestions from citizens in determining policies.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

When elites polarize over polarization: Framing the polarization debate in Turkey – RETRACTED

2018 ◽  
Vol 59 ◽  
pp. 109-133
Author(s):  
Senem Aydın-Düzgit ◽  
Evren Balta
Keyword(s):  
Civil Society ◽  
Qualitative Interviews ◽  
Radical Change ◽  
The State ◽  
Considerable Degree ◽  
Institutional Factors ◽  
Degree Of Polarization ◽  
State Of Polarization ◽  
The Government ◽  
Near Future

AbstractThis article aims to explore the views of the Turkish elite on the state of polarization in Turkey. By identifying four political frames—namely, harmony, continuity/decline, conspiracy, and conflict—that selected Turkish political and civil society elites use in discussing the phenomenon of polarization in the country through their contributions to a workshop and in-depth qualitative interviews, the article finds that there is a considerable degree of polarization among the Turkish elite regarding their views on the presence of polarization in Turkey. Moreover, this overlaps with the divide between the government and the opposition in the country. An analysis of the justificatory arguments employed in constituting the aforementioned frames shows that, while those elites who deny the existence of polarization seek its absence in essentialist characteristics of society, in reductionist comparisons with history, or in internal/external enemies, those who acknowledge polarization’s presence look for its roots in political and institutional factors and processes. The article highlights how, given the denial of polarization by the pro-government elite and the substantial gap between the two camps’ justificatory narratives, the currently reported high rates of polarization in Turkey can, at best, be expected to remain as is in the near future, barring a radical change in political constellations.

scholarly journals Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton
Keyword(s):  
Market Share ◽  
State Level ◽  
Legal Framework ◽  
The State ◽  
General Motors ◽  
Current Crisis ◽  
State Laws ◽  
Distribution Costs ◽  
Retail Prices ◽  
The Government

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals State Use Provisions for Patent Law, and Expropriations: Some Comparative Law Guidelines for South Africa during the Covid-19 Crisis and Beyond

2020 ◽  
Vol 23 ◽  
pp. 1-35
Author(s):  
Mikhalien Du Bois
Keyword(s):  
South Africa ◽  
State Government ◽  
Patent Law ◽  
The State ◽  
Patent Owner ◽  
Canadian Law ◽  
Patent Rights ◽  
The Republic ◽  
The Government ◽  
Suitable Framework

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

scholarly journals Dominasi dan ketidakadilan negara dan korporasi dalam kasus bencana lumpur Lapindo

2017 ◽  
Vol 30 (2) ◽  
pp. 150
Author(s):  
Oman Sukmana
Keyword(s):  
Resource Management ◽  
State Government ◽  
Oil And Gas ◽  
The State ◽  
Group Discussions ◽  
Disaster Victims ◽  
The People ◽  
Data Collection Process ◽  
The Government

The domination of the state (government) and Corporate (PT LBI) in the oil and gas resource management lead Lapindo mudflow disaster that caused misery to the people. This study aims to assess the forms of domination and injustice by the state (government) and the corporation in the case of Lapindo mudflow disaster, and how Lapindo mudflow disaster victims negotiate (resist) against the state (government) and corporations in an effort to fight for their rights. This study used a qualitative approach with case study. Subjects and informantsresearch include: (1) Lapindo mudflow disaster victims; (2) group coordinator of Lapindo mudflow disaster victims; (3) Public figures Siring village, Tanggulangin, Renokenongo, Jabon, and Jatirejo, Porong district, Sidoarjo; (4) Representation of the corporation (PT. LBI); and (5) Representation of BPLS. The data collection process using the in-deepth interviews, observation, focus group discussions, and review documents. Stage processing and data analysis includes the coding process, memoing, and concept mapping. The results showed that the government (the state) and the corporation (PT LBI) action dominating the oil and gas resource management in the area of Porong district, Sidoarjo regency, East Java, resulting misery for the victims (people). Forms of injustice felt by residents Lapindo mudflow disaster victims not only related to the issue of compensation for land and building assets alone, but more than that, including various dimensions. Through a variety of collective action, such as demonstrations and negotiations, Lapindo mudflow disaster victims filed various charges, such as demands for payment of compensation for land and building assets destroyed.

Place Making in George Town, Malaysia

2018 ◽  
Author(s):  
Neil Khor ◽  
Matt Benson
Keyword(s):  
Southeast Asia ◽  
State Government ◽  
Tourism Industry ◽  
The State ◽  
North Coast ◽  
Top Down ◽  
Place Making ◽  
Local Manufacturing ◽  
The Government ◽  
George Town

Chapter 3 provided several examples of the planning and management of urban heritage areas and their resources. This chapter describes the experience of George Town, where the government directed a top-down planning exercise, as expected of a World Heritage property. The process had significant government attention and investment, both financial and technical. The island of Penang in northern Malaysia (Figure 4.2) has hosted a strong tourism industry since the 1970s when the state government decided to develop the tourism industry to complement local manufacturing, as part of a strategy to generate jobs. This policy resulted in the development of the island’s north coast as beachside resorts, which until the mid-1990s made Penang a top tourism destination. This beachside resort model was copied widely throughout Southeast Asia, resulting in competition from neighbouring countries, including Thailand and Indonesia. Meanwhile, Penang’s own appeal was undermined, however, by over-development and pollution.

Cultivation of Medicinal and Aromatic Plants: An Innovative Effort towards Sustainable Development (A Case Study of Uttarakhand)

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Priti Atrey
Keyword(s):  
Sustainable Development ◽  
State Government ◽  
Ecological Condition ◽  
The State ◽  
Aromatic Plants ◽  
Medicinal And Aromatic Plants ◽  
Traditional System ◽  
In The Wild ◽  
Sustainable Cultivation ◽  
The Government

Uttarakhand popularly known as Dev Bhumi is widely believed to be the source of the centuries old traditional system of medicine called Ayurveda. The State is blessed with thousand of species; however, about 320 species have been identified having commonly growing. The forest department has reported about 175 species being commercially extracted and traded. The State Government in 2003 declared Uttarakhand as an Herbal State. After declaration of Uttarakhand as an Herbal State, the government took initiatives for sustainable cultivation of medicinal and aromatic plants in a phased manner. As it is a newly formed state, Uttarakhand is being subject to many large projects especially hydroelectric projects, as part of development. These will adversely impact the forestland of the state. Many species of medicinal and aromatic plants have disappeared with the loss of oak forests. There is growing evidence that the many medicinal and aromatic plants species are declining in the wild. So the systematic cultivation of high value medicinal and aromatic plants under prevailing agro ecological condition is one of the sincere efforts in the direction of sustainable development. Recently the state Government has introduced several incentives and established The Herbal Research and Development Institute, State Medicinal Plants Board and Center for Aromatic Plants for the popularization of sustainable cultivation of medicinal and aromatic plants. In these circumstances, our major objective is to explore the potential in medicinal and aromatic plants cultivation in Uttarakhand.

The Awakening Giant

2018 ◽  
pp. 171-200
Author(s):  
Patricia de Santana Pinho
Keyword(s):  
African American ◽  
State Government ◽  
Local Governments ◽  
The State ◽  
The Awakening ◽  
African Heritage ◽  
The Government ◽  
Tourist Demand ◽  
Roots Tourism

The role of local governments in attracting roots tourists is one of most important factors analyzed in the studies of diaspora tourism. Governments of several countries have actively sought to promote varied forms of roots tourism in order to attract members of their respective diasporas. In contrast, African American roots tourism in Brazil is marked by the almost complete inaction of the government, at both the state and federal levels. This type of tourism was initiated and continues to develop largely as the result of tourist demand, and with very little participation on the part of the state. This chapter analyzes the belated response of the state government of Bahia to African American tourism, examining how the inertia that dominated since the late 1970s was later replaced by a more proactive, although still inadequate, position, when the state tourism board, Bahiatursa, founded the Coordination of African Heritage Tourism to cater specifically to the African American roots tourism niche. The chapter also analyzes whether the left-leaning Workers’ Party, then in charge of the state government, challenged the longstanding discourse of baianidade (Bahianness) that has predominantly represented blackness (in tourism and other realms) through domesticated and stereotypical images.

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