scholarly journals The contractualization of fiscal and parliamentary sovereignty: Towards a private international finance architecture?

2021 ◽  
pp. 1-21
Author(s):  
Ilias Bantekas

Abstract A state should be deemed to be enjoying fiscal sovereignty where it is effectively empowered, without pressure or coercion, to make all policy decisions required to run the state machinery and satisfy the fundamental needs of its people (at the very least), both individual and collective. A state’s effective policy and decision-making power is effectively curtailed where: (1) it has been substituted in these functions by a third state or an organ of that state; (2) it is prevented from taking a particular action, such as unilateral default; (3) it is forced to violate fundamental domestic laws, including its constitution or the result of a referendum; or (4) external pressure is exerted against its government and institutions, with the aim of creating volatility and uncertainty concerning its finances so it succumbs to such pressure.

Author(s):  
Ilias Bantekas

In this chapter we make use of the word ‘effective’ in order to test whether a particular action, contractual clause or other measures produce an outcome that is otherwise offensive to self-determination. This is not always easy because economic self-determination is sparse in the human rights literature. In this chapter we put forward the proposition that a state is sovereign where it is effectively empowered, without pressure or coercion, to make all policy decisions required to run the state machinery and satisfy the fundamental needs of all its people (at the very least), both individual and collective. A state’s effective policy and decision-making power is effectively curtailed where: a) it has been substituted in these functions by a third state or an organ of that state; b) where it is prevented from taking a particular action, such as unilateral default; c) where it is forced to violate fundamental domestic laws, including its constitution or the result of a referendum or; d) where external pressure is exerted against its government and institutions with the aim of creating volatility and uncertainty concerning its finances so that it succumbs to such pressure.


2009 ◽  
pp. 42-61
Author(s):  
A. Oleynik

Power involves a number of models of choice: maximizing, satisficing, coercion, and minimizing missed opportunities. The latter is explored in detail and linked to a particular type of power, domination by virtue of a constellation of interests. It is shown that domination by virtue of a constellation of interests calls for justification through references to a common good, i.e. a rent to be shared between Principal and Agent. Two sources of sub-optimal outcomes are compared: individual decision-making and interactions. Interactions organized in the form of power relationships lead to sub-optimal outcomes for at least one side, Agent. Some empirical evidence from Russia is provided for illustrative purposes.


2009 ◽  
pp. 110-124 ◽  
Author(s):  
A. Moskovsky

The author analyzes the state of institutional economics in contemporary Russia. It is characterized by arbitrary confusion of the ideas of «old», «new» and «mathematical» versions of institutionalism which results in logical inconsistency and even eclectics to be observed in the literature. The new and mathematical versions of institutionalism are shown to be based on legal, political and mathematical determinism tightly connected with the so-called «economic approach» (G. Becker). The main attention is paid to the discussion of theoretical and practical potential of the contemporary classical («old») institutionalism. The author focuses on its philosophical grounds and its technological imperative, the institution of science, the method of criticism, the opportunity of using classical institutionalist ideas as the ideology of economic reforms in Russia.


2007 ◽  
Vol 4 (2) ◽  
pp. 83
Author(s):  
Anida Mahmood ◽  
Haswira Nor Mohamad Hashim ◽  
Kamarul Ariffin Mansor

This paper was written based on part of the findings of a survey made on young lawyers who are practicing in the state of Kedah. Young lawyers are advocates and solicitors with less than seven y ears of active practice. The objective of this study is to determine what factors positively influenced young lawyers' ethical decision making. Data was collected from /33 young lawyers who are practicing in the state of Kedah between January - June 2006 through self-administered and close- end questionnaires. The finding suggests that knowledge in professional legal ethics gained at the law faculty, pupil age and short ethics course does not contribute much to the ethical decision making of the young lawyers. Moved by this finding. this paper attempts to discuss the current legal ethics education in Malaysia. The main contention of the writers is their firm belief that the current practice of professional legal ethics education in Malaysia is insufficient and far from being adequate in producing ethical lawyers. Therefore the writers have proposed for professional legal ethics education in Malaysia to be reformed and this proposal serves as the basic premise of this paper.


2013 ◽  
Vol 88 (6) ◽  
pp. 593-604 ◽  
Author(s):  
James R. Hebert ◽  
David B. Allison ◽  
Edward Archer ◽  
Carl J. Lavie ◽  
Steven N. Blair

2014 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Radoslava Nikolova Gabrova ◽  
Lena Filipova Kostadinova

The basic stages during automatic qualification of agricultural products are: acquisition of initial information of the quality state, mathematical proceeding of this information and decision making for object qualification to defined sets according to the state of quality. One of the steps in the second stage is transformation the patterns of qualified products to a new space of symptoms. In this paper an approach for transformation the initial description of the objects to a new space of spectral symptoms, independently of the size of the initial description of the object is presented. A relation for synthesis of symptoms for recognition has been generated.


1981 ◽  
Vol 14 (2) ◽  
pp. 309-335 ◽  
Author(s):  
Micheline Plasse

This article first presents a brief survey of the role and functions filled by the personal aide (chef de cabinet) of a minister in Quebec. The analysis continues, in a comparative perspective, by tracing a sociological and professional portrait of the Liberal“chefs de cabinet” in April 1976 and their successors in the pequiste government in July 1977.We then test the hypothesis that the cleavage between the government and the dominant economic forces has increased since November 15, 1976 as a result of the ideology articulated by the“chefs de cabinet” regarding the social and economic aims of the state. This hypothesis was confirmed.The hypothesis that the pequiste“chefs de cabinet” exercise a more pronounced influence on the decision-making process is also confirmed. Nevertheless, one cannot argue that the pequiste“chefs de cabinet” usurped the power of the legislators; their influence is more political than technocratic. The growing influence of the pequiste“chefs de cabinet” neverthelsss helps to accentuate the tensions and conflicts between the higher civil service and the ministerial aides.


2017 ◽  
Vol 24 (3) ◽  
pp. 286-307
Author(s):  
Fransjohan Pretorius

In investigating the reading practices of Boer combatants during the South African War, diaries, letters, and reminiscences were consulted. The state of literacy reveals a picture of a small number of highly literate men, a larger group of adequately literate men, a still larger group of semi-literates, and the illiterate. Reading matter included the Bible, newspapers, and books. Issues raised are: Did literacy (or illiteracy) influence military decision-making or troop morale? Were certain works making some impact on the battlefield? Was the practical experience the Boers had gained before the war more successful in planning strategy and tactics than literacy?


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