scholarly journals Legal Harmonization Through Interfederal Cooperation: A Comparison of the Interfederal Harmonization of Law Through Uniform Law Conferences and Executive Intergovernmental Conferences

2018 ◽  
Vol 19 (6) ◽  
pp. 1437-1460
Author(s):  
Anika Klafki
Keyword(s):  
The United States ◽  
Economic Activities ◽  
Government Officials ◽  
Policy Makers ◽  
State Laws ◽  
Uniform Law ◽  
Democratic Principles ◽  
The One ◽  
Harmonization Of Law ◽  
Legal Harmonization

AbstractModern federations are faced with the challenge of cross-state as well as cross-nation economic activities and with the ever-increasing mobility of society. This has not only promoted international law, but has also created the need for harmonized laws throughout federations within the competence areas of the states. Diverse laws within federal systems may increase transaction costs, cause delays, and lead to jurisdictional conflicts for nationwide or cross-state transactions. In order to preserve federalism, and therefore prevent an ever-advancing process of centralization, interfederal legal harmonization promoted by the states themselves is crucial. There are two distinct methods of legal harmonization of state laws: (1) harmonization by “Uniform Law Conferences,” which are in principle run by lawyers and thus independent, to a certain extent, from the influence of policy makers; and (2) harmonization by executive intergovernmental conferences. These two distinct models of interfederal legal harmonization will be analyzed and evaluated with regard to efficiency, compatibility with democratic principles, transparency, and accountability in a comparative legal study of the harmonization processes. This Article will scrutinize the federal systems of the United States and Canada, on the one hand, as well as those of Germany and Austria, on the other hand. The study will reveal that the efficiency of interfederal legal harmonization increases with the level of intergovernmental integration through the participation of government officials and their staff.

scholarly journals Indigenous economies in the Arctic

Elem Sci Anth ◽  
2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Elena Gladun ◽  
Soili Nysten-Haarala ◽  
Svetlana Tulaeva
Keyword(s):  
Industrial Development ◽  
Indigenous Communities ◽  
Well Being ◽  
The United States ◽  
Indigenous Populations ◽  
The Arctic ◽  
Young Generation ◽  
Way Of Life ◽  
Economic Activities ◽  
The One

There is a growing global interest in Arctic natural resources that have a strong influence on the local economies. The Arctic economy is a rather unique phenomenon encompassing Indigenous practices, local economic activities, and industrial development. Indigenous economies vary across the Arctic states and exhibit divergent economic mixtures. In globalizing societies and full market economies, traditional Indigenous economies are changing and perceived especially by the non-Indigenous to be a tribute to old customs rather than a way of life that is being followed by the young generation. However, certain groups of the contemporary Indigenous populations in the Arctic continue to preserve their culture and ensure the continuation of Indigenous ways of life. The development of Indigenous communities is closely linked to their economic well-being, on the one hand, and to their culture and traditions, on the other. Our article contributes to the discussion on the significance of Indigenous economies in providing sustainability in terms of Indigenous communities, their culture, and traditions. The research objective is to identify strategies and tools that sustain Indigenous economies as well as the goals of various stakeholders in encouraging and supporting the traditional economic activities of Indigenous peoples. We contrast three countries—Russia, Finland, and the United States (Alaska)—and discuss some governmental strategies that can be employed for preserving unique Indigenous economies. The research methods consist of a content analysis of state and regional legislation and strategies, social studies of stakeholders’ opinions, case studies describing market infrastructure, and economic activities as well as features of traditional lifestyles and Indigenous knowledge typical of these regions.

Kształtowanie się zasad dostępu do zasobów cyfrowych w Stanach Zjednoczonych w ramach zarządu powierniczego

2020 ◽  
Author(s):  
Arkadiusz Wudarski
Keyword(s):  
Electronic Communication ◽  
Social Issues ◽  
State Level ◽  
The United States ◽  
Legislative Process ◽  
Final Approval ◽  
State Laws ◽  
Uniform Law ◽  
To Receive ◽  
Digital Assets

This paper describes the development of the principles of fiduciary access to digital assets in the United States. It focuses on US legislation before the drafting of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2015, examining the legal and social issues faced by American lawyers in their search for a balance between facilitating fiduciary access and respecting privacy. Special attention is paid to the first legislative initiatives at the state level as well as to two model regulations that represent opposite approaches to access to digital assets: the Privacy Expectation Afterlife and Choices Act (PEAC) and the Uniform Fiduciary Access to Digital Assets Act (UFADAA). The analysis considers the requirements for gaining access to the account of a deceased user, conflicts between legally protected interests and conflicting federal and state laws, and the meaning of such legal terms as digital assets, fiduciary, custodian, content of an electronic communication, et. al. The reasons for the failure of these acts to receive final approval are also analysed. Research is based on American doctrine, state and federal legal acts, documentation of the legislative process, and the work of expert groups, including, primarily, the Uniform Law Commission (ULC).  

scholarly journals Publication Output with Citation based Performance of Selected DBT Institutes in India

2021 ◽  
Vol 41 (02) ◽  
pp. 157-165
Author(s):  
Dhiman Mondal ◽  
Kaustuv Chakrabarti ◽  
Sudip Banerjee ◽  
D.D. Lal
Keyword(s):  
Activity Index ◽  
Publication Output ◽  
The United States ◽  
Government Officials ◽  
Policy Makers ◽  
Scholarly Impact ◽  
Growth Activity ◽  
Scientometric Study ◽  
Quality Of Research

This scientometric study examines the publication outputs from six institutes of the Department of Biotechnology (DBT) in India as cited in the Scopus database over the past 24 years, 1996-2019. Research in biotechnology and other allied areas were analysed in terms of their chronological growth, activity index, collaborations, preferred journals for publication, country collaborators, popular keywords and scholarly impact. Scientists from the six institutes published 6, 076 journal articles representing 73.65 per cent of nationally collaborated articles and 25.03 per cent of internationally collaborated articles. Of the DBT institutes, the National Institute of Immunology (NII) published the highest number of articles and the Institute of Life Sciences (ILS) shared most patents. Publication frequency was the highest for Plos One journal and the countries with which scientists collaborated included the United States, Germany, United Kingdom and France in that order. The publishing outputs of DBT institutes suggest a need for greater international collaborative research in order to gain scientific competency and increase the quality of research outputs. Also this study may be helpful to government officials and policy makers in determining allocation of resources to boost the scholarly outputs of DBT institutes.

scholarly journals Commentary: The land of insurmountable opportunities

2015 ◽  
Vol 4 (2) ◽  
pp. 97-99
Author(s):  
Robert W. Denniston
Keyword(s):  
Drug Research ◽  
Free Market ◽  
The United States ◽  
Alcohol Policy ◽  
United States Government ◽  
Advocacy Groups ◽  
Government Officials ◽  
Policy Makers ◽  
Alcohol Industry

Denniston, R. (2015). Commentary: The land of insurmountable opportunities. The International Journal Of Alcohol And Drug Research, 4(2), 97-99. doi:http://dx.doi.org/10.7895/ijadr.v4i2.207Much is known about how to change alcohol policy to reduce harm, but despite the evidence little action has been taken at thenational level in the United States. Government officials have shown little interest in putting prevention research results to work.The influence of the alcohol industry on policy-makers combined with free market ideology has thwarted change despite theefforts of advocacy groups working to reduce harm. The role of the alcohol industry at the national and international level servesas a powerful deterrent to policy change.

scholarly journals Counteraction to offenses committed with the use of electronic payment systems: new challenges and problems

2021 ◽  
Vol 10 (44) ◽  
pp. 261-269
Author(s):  
Roman Volodymyrovych Shapoval ◽  
Ruslan Orlovskyi ◽  
Maksym Sykal ◽  
Stanislav Zlyvko
Keyword(s):  
Developed Countries ◽  
The United States ◽  
Electronic Payment ◽  
The European Union ◽  
Payment Systems ◽  
Government Officials ◽  
Electronic Payments ◽  
Documentary Analysis ◽  
The One ◽  
Market Relations

Legal, organizational and technical issues of the current state of crime prevention in the field of electronic payment systems in different countries and in Ukraine are considered. The following methods were used in the article: dialectical, documentary analysis, analytical analysis of documents and observations. Identified and analyzed current trends and risks associated with the use of electronic payment systems by legal entities. Electronic payments have been found to be a progressive and convenient innovation on the one hand, which has greatly accelerated the ability of individuals to engage in day-to-day market relations, and on the other, to be unlawfully encroached upon and systematically improved by criminals. Based on this, emphasis is placed on the urgent need for proper protection of payment systems. It is noted that examples of global counteraction to crimes and various offenses committed in the field of electronic payments are developed countries such as the United States, Great Britain, Canada, Singapore, as well as the European Union, especially France and Germany. As a result of the study, it has been noted that the above countries have all the opportunities to provide Ukraine and its citizens, as well as government officials with the necessary guidelines, technical and legal assistance to create an effective mechanism to combat offenses in the use of electronic payment systems.

From Demilitarization to Remilitarization

2017 ◽  
Author(s):  
Glenn D. Hook
Keyword(s):  
United States ◽  
Security Policy ◽  
The United States ◽  
Policy Makers ◽  
Security Treaty ◽  
External Pressures ◽  
Military Facilities ◽  
The One ◽  
The Cold War ◽  
Internal Pressures

This chapter explores the transition from demilitarization to remilitarization following Japan's defeat in war and foreign occupation from 1945 to 1952. It focuses on the external and internal pressures on security policy at crucial historical junctures in the process of remilitarization. By revisiting the early postwar period, the chapter looks at two contested views of security policy. These views revolved around the option of a security treaty with the United States, on the one hand, and unarmed neutrality, on the other. The chapter then addresses the external pressures on Japanese policy makers arising from the major historical juncture represented by the end of the Cold War. Meanwhile, the internal pressures involve the costs to Okinawans arising from the concrete manifestation of the alliance with the United States: the basing of US military facilities.

New US policy will increase Taiwan Strait tension

2018 ◽  
Keyword(s):  
United States ◽  
The United States ◽  
Term Limits ◽  
Government Officials ◽  
New Developments ◽  
Content Type ◽  
The Us ◽  
Us Senate ◽  
The One ◽  
High Level

Subject New developments in relations between Taiwan, China and the United States. Significance On February 28, the US Senate unanimously passed a bill, the Taiwan Travel Act, which -- when the president signs it into law -- will allow for high-level visits by government officials between Taiwan and the United States. China immediately criticised the measure, arguing that it undercut the ‘one-China’ principle on which China-US relations are based. China threatened vague retaliatory measures against Taiwan. Impacts China will ramp up pressure on Taiwan through military activities, such as airspace violations. Taiwanese President Tsai Ing-wen will lose support within her party as she resists calls to pursue formal independence from China. Chinese President Xi Jinping's removal of presidential term limits and other illiberal policies will deepen suspicion of China in Taiwan.

Testing Public Health Ethics: Why the CDC's HIV Screening Recommendations May Violate the Least Infringement Principle

2011 ◽  
Vol 39 (2) ◽  
pp. 263-271 ◽  
Author(s):  
Matthew W. Pierce ◽  
Suzanne Maman ◽  
Allison K. Groves ◽  
Elizabeth J. King ◽  
Sarah C. Wyckoff
Keyword(s):  
Public Health ◽  
Health Benefit ◽  
The United States ◽  
Hiv Screening ◽  
State Laws ◽  
Health Goal ◽  
Legislative Proposals ◽  
Public Health Goal ◽  
The One ◽  
Privacy And Confidentiality

The least infringement principle has been widely endorsed by public health scholars. According to this principle, public health policies may infringe upon “general moral considerations” in order to achieve a public health goal, but if two policies provide the same public health benefit, then policymakers should choose the one that infringes least upon “general moral considerations.” General moral considerations can encompass a wide variety of goals, including fair distribution of burdens and benefits, protection of privacy and confidentiality, and respect for autonomy.In this article, we argue that the Center for Disease Control and Prevention's (CDC) 2006 HIV screening recommendations (“Recommendations”) may violate the least infringement principle. This is a concern because, although not legally binding, the Recommendations appear to have already influenced state laws and will likely continue to do so as legislative proposals continue to be passed. At a minimum, therefore, the Recommendations have important implications for HIV screening within the United States.

The U.S. High Commission and German Nationalism, 1949–52

1990 ◽  
Vol 23 (1) ◽  
pp. 57-75 ◽  
Author(s):  
Frank M. Buscher
Keyword(s):  
Good Reason ◽  
The United States ◽  
Eastern European ◽  
National Unity ◽  
The West ◽  
Policy Makers ◽  
Economic Liberalism ◽  
German Question ◽  
The One ◽  
Mixed Blessing

The recent revolutionary changes in Eastern Europe represent a mixed blessing for the United States and the western alliance as a whole. On the one hand, the West has had good reason to rejoice, witnessing the triumph of democracy and economic liberalism after more than forty years of Cold War tensions. On the other hand, the fall of the Eastern European communist governments in 1989, including that of the German Democratic Republic, once again brought the German question to the forefront. The Bush administration approached the issue of German reunification in a very cautious manner, insisting that a unified Germany guarantee the finality of its eastern borders and remain committed to the West. This caution clearly demonstrated the apprehension on the part of U.S. policy-makers that nationalism and the push for national unity might prove stronger than the German commitment to NATO and the western alliance.

Effective Engagement and Current Litigation on Climate Governance

2020 ◽  
pp. 199-248
Author(s):  
Janis Sarra
Keyword(s):  
The United States ◽  
Climate Mitigation ◽  
Corporate Boards ◽  
Economic Activities ◽  
Policy Makers ◽  
Proxy Voting ◽  
Climate Risks ◽  
Shareholder Proposals ◽  
Mitigation And Adaptation ◽  
Domestic Economies

Chapter 7 examines various forms of engagement with companies to press them to decarbonize. It discusses direct engagement with corporate boards, shareholder proposals, and proxy voting. It examines divestment as an option to advance climate goals. It also discusses why it is important to engage with policy-makers as they design and implement policies to transition domestic economies, and looks at some creative ways in which climate democracy is being enhanced. The chapter then turns to the extensive, emerging litigation against companies and their directors for their failure to manage climate risks. There are lawsuits both in the United States and globally against companies and institutional investors. The chapter also canvasses recent judgments denying licenses and other economic activities harmful to climate mitigation and adaptation.

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