Which role for theory in international law? Report on the Workshop “Kelsen — Schmitt — Arendt: Constitutionalism in (International) Law”, Leipzig, June 11/12, 2009

2010 ◽  
Vol 11 (11) ◽  
pp. 1306-1322
Author(s):  
Isabelle Ley

AbstractLaw is a discipline which allows us to combine a high level of doctrinal craftsmanship with an equally high level of theoretical reflection and (re-)construction of legal-political developments. For the academic scholar, law is practice, theory and doctrine, each requiring a distinct set of goals, a distinct set of methods and a distinct level of abstraction. For some time, the international legal discipline has been described as lacking in theoretical development. This consideration may have motivated the conveners of a Kelsen-Schmitt-Arendt conference series when they decided that it was time for a re-engagement with the theories of Kelsen, Schmitt, and Arendt. The first workshop on constitutionalism will be the object of this commentary.Kelsen, Schmitt and Arendt have experienced unexpected and innovative reception in recent years: Schmitt has contributed to questions such as the problematic role of human rights, the institutionalization of politics as conflict, as well as new applications of the state of exception. Kelsen's international writings as well as his democratic theory have borne a fruitful re-reading, and Arendt, who has been widely read, and written about in the social sciences for several years, has finally reached the law faculties.The primary interest of this comment lies in the question of how international legal scientific work can make use of legal and political theory. A whole range of politico-legal developments in the European and international arenas are currently creating new forms of institutions, obligations, and types of engagement between legal orders. The velocity and the diversity of these developments are challenging traditional frameworks, paradigms, and analytical tools of the discipline. This task of conceptualization asks for and lends itself to theorization. Which approaches to theory are available for legal scholars, and what kind of insights do they offer? The conference offered the chance to witness different examples of how theory can be accessed. What role is there for theory in international law and what is its potential?

2021 ◽  
Vol 13 (7) ◽  
pp. 3836
Author(s):  
David Flores-Ruiz ◽  
Adolfo Elizondo-Salto ◽  
María de la O. Barroso-González

This paper explores the role of social media in tourist sentiment analysis. To do this, it describes previous studies that have carried out tourist sentiment analysis using social media data, before analyzing changes in tourists’ sentiments and behaviors during the COVID-19 pandemic. In the case study, which focuses on Andalusia, the changes experienced by the tourism sector in the southern Spanish region as a result of the COVID-19 pandemic are assessed using the Andalusian Tourism Situation Survey (ECTA). This information is then compared with data obtained from a sentiment analysis based on the social network Twitter. On the basis of this comparative analysis, the paper concludes that it is possible to identify and classify tourists’ perceptions using sentiment analysis on a mass scale with the help of statistical software (RStudio and Knime). The sentiment analysis using Twitter data correlates with and is supplemented by information from the ECTA survey, with both analyses showing that tourists placed greater value on safety and preferred to travel individually to nearby, less crowded destinations since the pandemic began. Of the two analytical tools, sentiment analysis can be carried out on social media on a continuous basis and offers cost savings.


2021 ◽  
pp. 205-225
Author(s):  
Arkady Lyubarev

Correlation coefficients between the results of political parties in the 2016 State Duma elections in the Russian Federation as a whole and in 26 regions, as well as in the elections of regional parliaments of 35 subjects of the Russian Federation in 2012–2015 were calculated. For the 2016 State Duma elections, data was used at all levels – regions, single-member electoral districts, TEC and PEC. It is noted that the “United Russia” correlations with all major parties are generally negative. A fairly high level of correlation is observed between the liberal parties. The main focus is on correlations between parliamentary opposition parties and parties with similar names. The correlation coefficients between the results of parties and candidates in the State Duma elections of 2011 and 2016 and the Presidential elections of 2012 and 2018 were also calculated, showing the stability of the geographical distribution of the electorate of the main parties. Regional differences in the nature of correlations between the main political parties are noted. It is assumed that correlations between parties reflect not so much their ideological closeness as the social closeness of their electorate. In this regard, it is noted that a positive correlation between the results of ideologically distant parties (“Yabloko” and the Communist party or “Yabloko” and “Rodina”) is associated with their reliance on the urban electorate and, perhaps, its most educated part. The reasons for voting for spoiler parties and the role of these parties in reducing the results of the main participants in the elections are discussed.


1965 ◽  
Vol 16 (2) ◽  
pp. 209-220 ◽  
Author(s):  
Olive Anderson

It is well known that the role of public opinion in England before and during the Crimean War was almost uniquely important. It is probably equally well known that in the middle of the nineteenth century church-going and clerical prestige both reached a remarkably high level, except among the working classes. There is, thus, a strong prima facie case for supposing that the churches played a significant part in forming opinion at this critical time, offering as they did to their members interpretations of public events in accordance with their own theological outlook. Certainly such interpretations were far more in demand during the Crimean War than during the wars of either the eighteenth or the twentieth century. It is a striking fact that this was the last English war to be begun with the proclamation of a General Fast, and probably the only modern war in which military disasters prompted another General Fast. The clergy's public was remarkably large and remarkably attentive. The circulation of the religious weekly press almost approached that of the serious secular weeklies (the Athenaeum apart), while the long life of the Penny Pulpit, made up exclusively of the recent sermons of the most popular preachers of the day, reveals a substantial sermon-buying public well below the social levels which the familiar bound volumes of a single preacher's sermons suggest.


2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.


2021 ◽  
Vol 2 (2) ◽  
pp. 62-80
Author(s):  
Imelda Chania ◽  
Haiyyu Darman Moenir

This research attempts to describe the role of UNICEF in preventing cases of trafficking of girls in India through the Country Program Action Plan (CPAP) 2013-2017. This is important because of the patriarchal culture in the social fabric of Indian society and the high level of poverty, which drives the trafficking of girls. Besides, this program is also the result of the collaboration between the Indian government and UNICEF in preventing the trafficking of girls in India. This study uses the concept of norm diffusion to answer research questions. A qualitative method with a descriptive-analytical approach applied in this research method. This research shows UNICEF's role in India as a forum to transmit the idea of ​​child protection to Indians, as well as to socialize the beliefs and norms of protecting girls to the Indian government so that rules and policies are in line with the ideas and norms.


2020 ◽  
Vol 12 (12) ◽  
pp. 4865
Author(s):  
Adam R. Szromek ◽  
Radosław Wolniak

The role of a scientist in society is undoubtedly extremely important. This thesis was particularly confirmed by the global events of the beginning of the third decade of the 21st century, when the spread of the COVID-19 virus revealed the helplessness of humanity in the face of a pandemic. Only intensive scientific work, having an interdisciplinary character, gives hope to stop the development of the spread of the virus. It turned out that it is scientists who are necessary to reduce mortality and morbidity, as well as the negative effects of a pandemic on the economy and public health. In this regard, it is worth discussing whether the scientific work of scientists is satisfying for them? Nowadays, the scientist is demanded for immediate effects of scientific research, implementation of inventions tailored to the emerging needs, and quick solutions to the problems of a dynamically changing society. However, along with the growing social expectations towards researchers, is their work increasingly appreciated? The aim of this article is getting to assess the level of satisfaction with scientific work among researchers and to identify the factors that influence its level. The article presents the results of research conducted on a random sample of 763 academics from Poland. The conducted scientific studies have established that: (1) The level of satisfaction of researchers concerning their own scientific work depends on employment conditions, as well as the social significance of the research carried out, (2) the level of satisfaction from work is closely correlated with the scientific opportunities of researchers (that is, the possibility of academic and didactic work, contact with students and co-workers) and negatively correlated with the necessity to carry out administrative work, and (3) the majority of Polish researchers are proud of their scientific achievements and treat their profession as a passion or vocation.


Author(s):  
Evelyn Derera ◽  
Cynthia Shayamunda

This chapter focuses on the role of marketing in social ventures. The unique marketing challenges that social enterprises face including the various criticisms for marketing in the social venture context will be identified and; suggestions as to how these challenges could be dealt with are provided. Consideration will also be given to Strategic Marketing Planning with a discussion of how social ventures can carry out marketing audits through the utilization of key analytical tools which facilitate the mapping out of the strategic direction and collaborative or competitive strategies for social ventures. Attention will also be given to the development and implementation of segmentation, positioning, communications and fundraising strategies that will promote efficiency and innovation which will enable social ventures to leverage scarce public and philanthropic resources.


2018 ◽  
Vol 2018 (5) ◽  
pp. 113-133
Author(s):  
Denis Chichulenkov

Conventional banking, focused on profit maximizing, shows its inefficiency. The urgent search for alternative models of banking is needed. One of them is a model of social banks. However, the framework of their business practice and principles remain poorly understood. This paper aims at determining the nature of social banking, its distinguishing features and the level of financial sustainability. Inductive and deductive methods of analysis and synthesis, systematic approach, comparison are used. Academic literature review covers the evolution of ideas about social banking. The paper contains the social bank’s definition as a special type of commercial bank aimed at maximizing its positive contribution to the development of society through the provision of mainly traditional banking services and based on the principles of sustainable development, transparency and cooperation. The empirical results confirm a high level of financial stability of social banks. The article states the hypothesis about the key role of shareholders’ and managers’ motivation to create a social bank. Further research requires the development of measurement tools to evaluate social banking.


Author(s):  
Daniel Ricardo Quiroga-Villamarín

Abstract While the history of international law has been mainly dominated by intellectual history, the neighboring humanities and social sciences have witnessed a ‘material turn.’ Influenced by the new materialisms, historians, sociologists, and anthropologists have highlighted the role of objects and nonhuman infrastructures in the making of the social. Law, however, has been conspicuously absent from these discussions. Only until recently, things began to be studied as instruments of – global – regulation. In this article, I trace an intellectual history of the intellectual history of international law, contextualizing it since its inception in the so-called ‘Cambridge School’ to its spread into the legal field via the Critical Legal Studies movement and its final import into international law in the last two decades. I conclude arguing that international legal historians can depart from the ‘well-worn paths’ of intellectual and conceptual history to engage with the materiality (past, present, and future) of global governance.


2021 ◽  
Vol 7 (3) ◽  
pp. 168-173
Author(s):  
Evgeniy E. Tonkov ◽  
Natalya A. Kosolapova ◽  
Sergey Yu. Sumenkov ◽  
Yury A. Kondrashov ◽  
Yulia V. Aleksakhina

Now environmental protection is a priority in managing problems at the social, legal, economic, and political levels. The authors set the task based on the importance of the role of the state– to analyze the state policy of Russia and several foreign countries in the direction of environmental management. The research focus concerned the classification of the main policy areas of environmental management regulation and the identification of problems related to special state activities in this area. As a result of the study, the authors concluded that the terminology in the field of environmental management is insufficient elaboration, a generalized international law enforcement practice and an effective security mechanism are absent and there are many resulting contradictions related to the above in public policies in the field of environmental management at various levels.


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