scholarly journals What Difference Does CBDR Make? A Socio-Legal Analysis of the Role of Differentiation in the Transnational Legal Process for REDD+

2016 ◽  
Vol 5 (2) ◽  
pp. 255-284 ◽  
Author(s):  
Sébastien Jodoin ◽  
Sarah Mason-Case
Keyword(s):  
Technical Assistance ◽  
Developed Countries ◽  
Legal Analysis ◽  
Legal Process ◽  
Public And Private ◽  
Legal Norms ◽  
The North ◽  
Non Governmental Organizations ◽  
Transnational Legal Process

AbstractThis article offers a socio-legal analysis of the role played by the principle of common but differentiated responsibilities (CBDR) in the development, diffusion, and implementation of jurisdictional REDD+ activities throughout the developing world. It employs a qualitative research method known as process tracing to uncover whether and, if so, to what extent and how actors have used CBDR to support the emergence and effectiveness of the transnational legal process for REDD+. The article argues that the transnational legal process for REDD+ reflects a conception of CBDR in which developing country governments may take on voluntary commitments to reduce their carbon emissions, with the multilateral, bilateral, and private sources of financial support and technical assistance provided by developed countries, international organizations, non-governmental organizations, and corporations. This creative conception and application of CBDR has fostered the construction and diffusion of legal norms for REDD+ because it has influenced the interests, ideas, and identities of public and private actors in the North and South. However, the early challenges associated with the implementation of REDD+ reveal a worrying gap between the financial pledges made by developed countries and the costs associated with the full implementation of REDD+, as well as contradictions in the very way in which the responsibilities of various countries have been defined in the context of REDD+. The analysis has important implications for the transnational governance of REDD+, as well as for scholarship on the role of differentiation in the pursuit of effective and equitable climate change solutions.

scholarly journals Military Lawyers on the Battlefield: An Empirical Account of International Law Compliance

2010 ◽  
Vol 104 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Laura A. Dickinson
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Analysis ◽  
Theoretical Level ◽  
Legal Process ◽  
Strategic Action ◽  
State Behavior ◽  
Legal Norms ◽  
Norm Internalization ◽  
Transnational Legal Process

International law scholarship remains locked in a raging debate about the extent to which states do or do not comply with international legal norms. For years, this debate lacked empirical data altogether. International law advocates tended to assume that most nations obey most laws most of the time and proceeded to measure state activity against international norms through conventional legal analysis. In contrast, international relations realists and rational choice theorists have argued that international law is simply an epiphenomenon of other state interests with little independent power at all. Meanwhile, constructivist and transnational legal process approaches have posited that international law seeps into state behavior through psychological and sociological mechanisms of norm internalization and strategic action. But even these studies tend to remain on a theoretical level, without on-the-ground data about which factors might influence compliance in actual day-to-day settings.

scholarly journals THE ROLE OF “SOFT LAW” IN RELATIONS OF STRATEGIC COOPERATION BETWEEN UKRAINE AND PRC: INTERNATIONAL LEGAL ANALYSIS

2019 ◽  
pp. 106-113
Author(s):  
K.V. Smyrnova ◽  
A.V. Gandziura
Keyword(s):  
Social Relations ◽  
Soft Law ◽  
Legal Analysis ◽  
Legal Norms ◽  
Bilateral Agreements ◽  
Advantages And Disadvantages ◽  
Bilateral Relations ◽  
Strategic Cooperation ◽  
Analytical Assessment

The article deals with peculiarities of the soft law functioning in regulation principles formation of bilateral strategic cooperation between Ukraine and China. The weight and influence of the “soft law” provisions in the context of the legal and regulatory framework of bilateral relations between the countries have been summed up. A deep and profound analytical assessment of various bilateral agreements has been done. Different types of legal norms are being characterized from the point of their legal obligation and the advantages and disadvantages of their application in the agreements in view of current world trends. The survey shows that serving as a regulator of relations, “soft law” may entail certain legal consequences. First of all, it can be the basis for a document that is legally binding source of law, in addition, the rules of “soft law” are able to independently regulate social relations, complementing the official source of law or filling its gaps.

scholarly journals Methodological Features of Studying the Interests of the Subjects of Property Rights

Legal Concept ◽  
2021 ◽  
pp. 161-166
Author(s):  
Andrey Ryzhik ◽  
Keyword(s):  
Property Rights ◽  
Scientific Knowledge ◽  
Legal Analysis ◽  
Theoretical Level ◽  
Cognitive Approach ◽  
Legal Norms ◽  
Current Trends ◽  
Legal Texts ◽  
Russian Law

Introduction: the problem of identifying the features of studying the interests of the subjects of property rights is of great methodological importance. The question of what are the specifics of the study of a particular scientific problem is the key one that sets the beginning of the entire process of scientific knowledge. The purpose of the study: to identify the features of studying the legal institute of the interests of the subjects of property rights. Methods: the research involved both general methods of scientific knowledge and private law methods, namely, formal legal, the method of interpretation of legal norms, comparative legal analysis. Results: the problems of the interests of the subjects of property rights were studied from different conceptual and methodological positions. Along with the applied and theoretical level, a theoretical and cognitive approach to the study of the interests of property rights subjects is proposed. Special attention is focused on the development of linguistichermeneutical and anthropological components of the modern methodology of cognition. The opinion on the need to take into account these trends in the study of the problems of interests of subjects of various forms of ownership is justified. Conclusions: the features of studying the interests of the subjects of property rights are that highlighting the applied and theoretical levels, it is advisable to focus on the actual theoretical and cognitive core of the study of this legal institute, on the positioning of the content, features of the legal vision, understanding of the legal reality. The models and mechanisms for the realization of the interests of owners in modern Russian law should be studied from a philosophical and sociological perspective, as well as from the perspective of the development of modern theoretical jurisprudence. One of the current trends in the field under study is the strengthening of the role of linguistic and anthropological components in studying the interests of subjects of private, state, and other forms of property. These developing areas of the methodology of knowledge of law open up new opportunities for the interpretation and understanding of legal texts and legal vocabulary.

“Sustainability Education” Practices at the Universities from a Developing Country Context

2020 ◽  
pp. 1-16
Author(s):  
Faruk Bhuiyan ◽  
Md Hafij Ullah
Keyword(s):  
Sustainability Education ◽  
Developed Countries ◽  
Public And Private ◽  
Vision Statements ◽  
Sustainable Education ◽  
Commission Report ◽  
Multi Level ◽  
The Developed Countries ◽  
The University

Developing countries have been facing more challenges to sustainability than the developed countries. This chapter evaluates the current sustainable education practices among the universities in Bangladesh and proposes a revised multi-level framework to enhance sustainability education practices among the universities. Based on the opinion of the staff and students of the top 10 public and private universities (according to the University Grant Commission report 2018) in Bangladesh, the study found evidence of the inclusion of sustainability issues onto the faculty's mission and vision statements, but very few are incorporated into the program curricula. In addition, dearth of sustainability training to the teachers provokes their failure of providing education for sustainable development. Considering the findings, this chapter proposes the importance and role of regulatory authorities teachers, students, professionals, and corporate people enhancing sustainable education practices at the university level.

The role of aid organization

1990 ◽  
Vol 1990 ◽  
pp. 49-49
Author(s):  
Rene Sansoucy
Keyword(s):  
Developing Countries ◽  
Technical Assistance ◽  
Developed Countries ◽  
Substantial Improvement ◽  
Poultry Production ◽  
Direct Transfer ◽  
Transfer Of Technology ◽  
Self Sufficiency ◽  
International Projects

Experience over three decades of international projects aimed at assisting developing countries has shown that direct transfer of technology from developed countries has widely failed in the sector of Animal Production as in many other sectors. At best this transfer of technology has led to systems requiring high levels of imports in capital, feeds, genetically high producing animals and equipment, which require external technical assistance. These imported inputs which are usually highly subsidized have to a certain extent sometimes allowed a substantial improvement in output levels (eg. in poultry production). In some cases self-sufficiency has been attained, but never self-reliance. This has maintained or increased the dependency of developing countries. Therefore there is a need to base projects on a technology which is more appropriate and may be acceptable and profitable to the beneficiaries.

scholarly journals The Performance of Textile Companies in the North West Zone of Nigeria: the Role of Infrastructure as a Resource

2012 ◽  
Vol 2 (1) ◽  
pp. 89 ◽  
Author(s):  
N.D. Gado ◽  
T.M. Nmadu
Keyword(s):  
Power Supply ◽  
Capacity Utilization ◽  
Electricity Supply ◽  
Significant Determinant ◽  
State Of Emergency ◽  
Public And Private ◽  
North West ◽  
The Public ◽  
The North

Abstract Textile companies in Nigeria have complained of stifling competition against the backdrop of challenges of declining endogenous and exogenous resources. Using electricity and capacity utilization as proxies, we show that electricity supply is a significant determinant of performance. We recommend, among others, that Public electricity supply to the textile companies should be taken as a state of emergency to ensure that there is uninterrupted power supply. Government at various levels should embark on intensive advocacy for Nigerians to develop a culture of using locally made goods while leading by example.  Opinion molding should be employed both in the public and private sectors.

scholarly journals Re-establishing legitimacy after stigmatization: Greenpeace in the North American North

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Danita Catherine Burke
Keyword(s):  
North American ◽  
Moral Legitimacy ◽  
Northern Canada ◽  
Governmental Organizations ◽  
The North ◽  
Non Governmental Organizations ◽  
History Of

Abstract International environmental non-governmental organizations (IENGOs) have a long and checkered history of involvement and impact in, and on, the North. Using the example of Greenpeace, arguably one of the most stigmatized IENGOs in the North American North, this paper explores the questions: why are IENGOs stigmatized in the North American North and how might they overcome their stigma with local audiences? It outlines the role of moral legitimacy in stigmatization and overcoming stigma, and the challenges of (re)establishing moral legitimacy with a stigmatizing audience, in this case, Inuit in Northern Canada and Greenland.

Legal Mobilization: The Neglected Role of the Law in the Political System

1983 ◽  
Vol 77 (3) ◽  
pp. 690-703 ◽  
Author(s):  
Frances Kahn Zemans
Keyword(s):  
Public Policy ◽  
Political System ◽  
Legal Mobilization ◽  
Political Activity ◽  
The Political ◽  
Science Literature ◽  
Public And Private ◽  
Legal Norms ◽  
The Law

This article argues thai the role of the law in the political system has been construed much too narrowly. A review of the political science literature demonstrates an interest in the law that is largely confined to the making of new laws, social change, and social control. That view implies an acceptance of the legal profession's distinction between public and private law as a reasonable guide for political scientists in the study of law.A more interactive view of the law is presented, characterizing legal mobilization (invoking legal norms) as a form of political activity by which the citizenry uses public authority on its own behalf. Further, the legal system, structured to consider cases and controversies on an individual basis, provides access to government authority unencumbered by the limits of collective action. This form of public power, although contingent, is widely dispersed.Consideration of the factors that influence legal mobilization is important not only to understanding who uses the law, but also as predictors to the implementation of public policy; with very few exceptions, the enforcement of the laws depends upon individual citizens to initiate the legal process. By virtue of this dependence, an aggregation of individual citizens acting largely in their own interests strongly influences the form and extent of the implementation of public policy and thereby the allocation of power and authority.

scholarly journals Las industrias de semilla de maíz de Centro América y México: relaciones entre los sectores público y privado.

2016 ◽  
Vol 6 ◽  
pp. 157
Author(s):  
Michael López
Keyword(s):  
Developing Countries ◽  
Central American ◽  
Total Sale ◽  
Public And Private ◽  
Corn Seed ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Seed Origin

The partial results of a project from CYMMIT are presented in this article, whose objective is to determine the effects of the agricultural reforms of the corn seed industries in the developing countries, specially the role of the private and official sectors in the production of varieties and hybrids and the release of improved seeds. The analysis is based mainly on asurvey of the seed industries, conducted during 1993 and 1994. The results of the analysis of the total sale of improved seed in 1993, prices according to type and seed origin and the participation of the public and private sectors in developingimproved seed in the Central American countries and Mexico are shown here. The main result from the analysis is that the official sectors are withdrawing from the production and sale of seed, and aiming their efforts to wards breeding and germplasm development. Likewise, the private sectors are important factors of the seed production and sale. The private sector depends on the official materials for their seed sales, specially the small locally financed enterprises and cooperatives of seed producers, as well as Non-Governmental Organizations (NGO's).

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