Establishing a Regional Headquarters in China: A Comparative Analysis of Legal Frameworks at National Level and in Shanghai Municipality

The Voluntary Guidelines on the Responsible Governance of Tenure (VGGT) call for governments to clearly define the term ‘public purpose’ to allow for judicial review of the goals of expropriations of property. However, recent research indicates that national-level legal frameworks that govern expropriation decision-making not only vary greatly from country to country but also often fail to comply with the VGGT standards on expropriation. This creates the potential for unpredictable and, in some cases, arbitrary applications of expropriation law in practice. Focusing on legal norms and jurisprudence applicable to ‘public purpose’ decision-making in South Africa and India, this article provides a comparative analysis of these countries’ legal frameworks as means of ascertaining (1) the current legal boundaries to decisions on the expropriation’s goal; (2) whether these boundaries comply with the VGGTs; and (3) what these two countries can learn from one another in terms enacting legislation and regulations that comply with the VGGTs. To conduct this comparative analysis, we thoroughly examine constitutional provisions, relevant case law, legislation, regulations, and relevant secondary sources to highlight the current status of India’s and South Africa’s law on ‘public purpose’ and how they relate to the VGGTs. We conclude by distilling some key findings that can inform the decisions of expropriation lawmakers in both countries, especially in South Africa where a draft Expropriation Bill is currently being considered.

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Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing Indigenous Peoples’, Afro-descendants’, and Local Communities’ Water Tenure

10.53892/drqb6907 ◽

2020 ◽

Author(s):

◽

Keyword(s):

Comparative Analysis ◽

Indigenous Peoples ◽

National Level ◽

Local Communities ◽

Comparative Assessment ◽

International Comparative ◽

Legal Frameworks ◽

Laws And Regulations

This report presents an innovative, international comparative assessment on the extent to which various national-level legal frameworks recognize the freshwater tenure rights of Indigenous Peoples, Afro-descendants, and local communities, as well as the specific rights of women to use and govern community waters.

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Applicability of management guidelines for surfing resources in California

Shore & Beach ◽

10.34237/1008835 ◽

2020 ◽

pp. 53-64

Author(s):

Edward Atkin ◽

Dan Reineman ◽

Jesse Reiblich ◽

David Revell

Keyword(s):

New Zealand ◽

National Level ◽

State Level ◽

The United States ◽

Management Guidelines ◽

For Profit ◽

Aotearoa New Zealand ◽

Coastal Marine ◽

Management Measures ◽

Legal Frameworks

Surf breaks are finite, valuable, and vulnerable natural resources, that not only influence community and cultural identities, but are a source of revenue and provide a range of health benefits. Despite these values, surf breaks largely lack recognition as coastal resources and therefore the associated management measures required to maintain them. Some countries, especially those endowed with high-quality surf breaks and where the sport of surfing is accepted as mainstream, have recognized the value of surfing resources and have specific policies for their conservation. In Aotearoa New Zealand surf breaks are included within national environmental policy. Aotearoa New Zealand has recently produced Management Guidelines for Surfing Resources (MGSR), which were developed in conjunction with universities, regional authorities, not-for-profit entities, and government agencies. The MGSR provide recommendations for both consenting authorities and those wishing to undertake activities in the coastal marine area, as well as tools and techniques to aid in the management of surfing resources. While the MGSR are firmly aligned with Aotearoa New Zealand’s cultural and legal frameworks, much of their content is applicable to surf breaks worldwide. In the United States, there are several national-level and state-level statutes that are generally relevant to various aspects of surfing resources, but there is no law or policy that directly addresses them. This paper describes the MGSR, considers California’s existing governance frameworks, and examines the potential benefits of adapting and expanding the MGSR in this state.

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Dynamic quarantine: a comparative analysis of the Chilean public health response to COVID-19

Epidemiology and Infection ◽

10.1017/s0950268820002678 ◽

2020 ◽

Vol 148 ◽

Author(s):

Gonzalo Grebe ◽

Javier A. Vélez ◽

Anton Tiutiunnyk ◽

Diego Aragón-Caqueo ◽

Javier Fernández-Salinas ◽

...

Keyword(s):

Public Health ◽

Comparative Analysis ◽

Transmission Rate ◽

National Level ◽

Metropolitan Region ◽

Public Health Response ◽

Country Level ◽

Health Response ◽

Primary Vector

Abstract In this study, an analysis of the Chilean public health response to mitigate the spread of COVID-19 is presented. The analysis is based on the daily transmission rate (DTR). The Chilean response has been based on dynamic quarantines, which are established, lifted or prolonged based on the percentage of infected individuals in the fundamental administrative sections, called communes. This analysis is performed at a national level, at the level of the Metropolitan Region (MR) and at the commune level in the MR according to whether the commune did or did not enter quarantine between late March and mid-May of 2020. The analysis shows a certain degree of efficacy in controlling the pandemic using the dynamic quarantine strategy. However, it also shows that apparent control has only been partially achieved to date. With this policy, the control of the DTR partially falls to 4%, where it settles, and the MR is the primary vector of infection at the country level. For this reason, we can conclude that the MR has not managed to control the disease, with variable results within its own territory.

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Unus Pro Omnibus, Omnes Pro Uno

International Organizations Law Review ◽

10.1163/15723747-17020003 ◽

2021 ◽

pp. 1-30

Author(s):

Tommaso Natoli

Keyword(s):

Comparative Analysis ◽

Disaster Management ◽

Regional Models ◽

Catastrophic Event ◽

Regional Organizations ◽

Common Trends ◽

Regional Institutions ◽

Legal Frameworks

Abstract Neighbouring States form regional institutions for purposes that they cannot meet singularly, as in case of exceptional events that overwhelm national capacities. Comparing regional organizations endowed with specific Disaster Management (dm) functions provides a suitable analytical lens of this phenomenon, being a means for exploring how fundamental principles like sovereignty or solidarity are differently combined within their legal frameworks. Building on a comparative analysis of two regional models (eu and asean-aha), the article suggests that the positioning of regional organizations on the sovereignty-solidarity axis is facilitated by an adapted use of the well-known Latin maxim ‘unus pro omnibus, omnes pro uno’. This indicates both dynamics in which the organization is endowed with autonomous capacities of acting in support of members stricken by a catastrophic event, and those regional mechanisms whose functioning depends on the case-by-case involvement of their membership. As will be maintained, whereas these interrelated dynamics coexist in the two organizations analysed, they are differently modelled according to the respective regulatory settings. Yet, common trends in the development of respective institutional functioning can be detected.

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Integrating Risk Reduction, Urban Planning and Housing: Lessons From El Salvador

Open House International ◽

10.1108/ohi-01-2006-b0009 ◽

2006 ◽

Vol 31 (1) ◽

pp. 71-83

Author(s):

Christine Wamsler

Keyword(s):

Urban Planning ◽

El Salvador ◽

Risk Reduction ◽

Urban Poor ◽

National Level ◽

Integral Model ◽

Emergency Relief ◽

Developmental Context ◽

The Creation ◽

Legal Frameworks

Increasingly, attention has been given to the need to mainstream risk reduction in development work in order to reduce the vulnerability of the urban poor. Using El Salvador as a case study, the paper analyses the mainstreaming process in the developmental disciplines of urban planning and housing. The overall aim is to identify how the existing separation between risk reduction, urban planning and housing can be overcome and integration achieved. Since Hurricane Mitch in 1998, and especially after the 2001 earthquakes, not only relief and development organisations, but also social housing organisations have initiated a shift to include risk reduction in their fields of action in order to address the underlying causes of urban vulnerability. The factors that triggered the process were: 1) the negative experiences of organisations with non-integral projects, 2) the organisations' increased emphasis on working with municipal development, 3) political changes at national level, and more importantly, 4) the introduction and promotion of the concept of risk reduction by international and regional aid organisations. However, required additional knowledge and institutional capacities were mainly built up independently and internally by each organisation, and not through the creation of co-operative partnerships, thus duplicating efforts and increasing ineffective competition. Whilst positive experience has been gained through the implementation of more integral projects, the creation of adequate operational, organisational, institutional and legal frameworks is still in its initial stage. Unfortunately, four years after the 2001 earthquakes, emergency relief funding for post-disaster risk reduction is coming to an end without the allocation of resources for following up and consolidating the initial process. Based on the findings, an integral model is proposed which shows how mainstreaming risk reduction in urban planning and housing could be dealt with in such a way that it becomes more integrated, inclusive and sustainable within a developmental context.

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A Comparative Study of Anthropometric and Psycho-Motor Abilities of Sub-Junior National Level Boxers

IRA International Journal of Education and Multidisciplinary Studies ◽

10.21013/jems.v5.n3.p1 ◽

2016 ◽

Vol 5 (3) ◽

pp. 140

Author(s):

Sumitra Kirtania ◽

Pintulal Mondal ◽

Mahesh Sawata Khetmalis

Keyword(s):

Body Composition ◽

Comparative Analysis ◽

West Bengal ◽

National Level ◽

Motor Abilities ◽

Psychomotor Ability ◽

Level Of Significance ◽

Age Range ◽

Relationship Of ◽

The Relationship

<div>The aim of this study is to identify the Anthropometric and profiles of sub-Junior National level Boxers and also to find out the relationship of Anthropometric profiles and psychomotor abilities of the sub-Junior National level Boxers. A total 22 female Boxers (11 medalists and 11 non-medalists) age range between 12th to 16th years will be select from SAI, SAG, Imphal centers. Selected Anthropometric variables (Body composition) will be taken on each Boxer. Total Psychomotor ability scores (Speed, Agility, Differentiation, Orientation, Balance, Rhythm Ability) will be taken. For interpretation of data a comparative analysis of the selected variable, the “t” test was applied. The data of both groups were collected separately for all the variables. Statistic such as mean and standard deviation was computed. The level of significance was set at 0.05. It was found that in BMI, BMR do not have significant deference between the Manipur and West Bengal female Boxers and significant deference was found on Speed, Agility, Differentiation, Orientation, Balance, Rhythm Ability.</div>

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PARTICULARITIES REGARDING THE USE OF PLANNING METHODOLOGIES IN THE FRAMEWORK OF LAND FORCES’ MILITARY OPERATIONS

STRATEGIES XXI - Command and Staff College ◽

10.53477/2668-2028-21-01 ◽

2021 ◽

Vol 17 (1) ◽

pp. 27-31

Author(s):

Paul TUDORACHE

Keyword(s):

Decision Making ◽

Comparative Analysis ◽

Design Methodology ◽

National Level ◽

Research Paper ◽

Decision Making Process ◽

Military Operations ◽

Primary Activity ◽

The Military ◽

Military Decision Making

Abstract: The manifestation of different dissensions regarding the use of planning methodologies in the operations process has become a reality, both at national level and within NATO. Therefore, this research paper contributes to the theoretical clarification on defining the specific methodologies, respectively their employment in relation to the level of Land Forces military operations. Another objective of this paper is to make a comparative analysis between the design methodology, military decision making process (MDMP) and troop leading procedures (TLP), targeting the military structures within the Land Forces, and those belonging to NATO. Also, at the end, the paper highlights some perspectives of improving planning, as the primary activity which starts the operations process.

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Upside down: Reframing European Defence Studies

Cooperation and Conflict ◽

10.1177/0010836718790606 ◽

2018 ◽

Vol 54 (3) ◽

pp. 378-406 ◽

Cited By ~ 5

Author(s):

Hugo Meijer ◽

Marco Wyss

Keyword(s):

Cold War ◽

Comparative Analysis ◽

National Level ◽

Armed Forces ◽

Defence Studies ◽

Defence Policy ◽

Added Benefit ◽

The Cold War ◽

National Defence ◽

Made In

Since the end of the Cold War, the study of European defence has been dominated by a ‘Common Security and Defence Policy (CSDP)-centric’ approach, while largely neglecting the comparative analysis of national defence policies. This article makes a conceptual and empirical case for turning the dominant research prism of European defence studies upside down by returning the analytical precedence to the national level. This approach privileges the comparative analysis of national defence policies and armed forces, before focusing on the trans-/supra-national level. The case for this analytical turn is made in three steps. Firstly, it addresses the different historical stages in European defence integration and the transformation of national armed forces and thereby brings to light the recent renationalization of defence in Europe. Secondly, it questions the predominance of the CSDP in the scholarly literature on European defence. Finally, it seeks to demonstrate the fruitfulness of such a démarche by empirically substantiating common patterns and intra-European divergences in the evolution of national defence policies and armed forces since the end of the Cold War. After having shown the need and added benefit of turning the analytical lense of European defence studies on its head, the conclusion suggests future avenues of research on national defence policies and armed forces in Europe.

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The Oxford Handbook of International Climate Change Law

10.1093/law/9780199684601.001.0001 ◽

2016 ◽

Cited By ~ 2

Keyword(s):

Climate Change ◽

International Law ◽

National Level ◽

First Century ◽

Trading Systems ◽

Customary International Law ◽

Weather Patterns ◽

International Climate ◽

Legal Frameworks ◽

International Climate Change

Climate change presents one of the greatest challenges of our time, and has become one of the defining issues of the twenty-first century. The radical changes which both developed and developing countries will need to make, in economic and in legal terms, to respond to climate change are unprecedented. International law, including treaty regimes, institutions, and customary international law, needs to address the myriad challenges and consequences of climate change, including variations in the weather patterns, sea level rise, and the resulting migration of peoples. This book provides an authoritative overview of all aspects of international climate change law as it currently stands, with guidance for how it should develop in the future. This book sets out to analyse the legal issues that surround this vitally important but still emerging area of international law. This book addresses the major legal dimensions of the problems caused by climate change: not only in the content and nature of the international legal frameworks, which need implementation at the national level, but also the development of carbon trading systems as a means of reducing the costs of meeting emission reduction targets. After an introduction to the field, the book assesses the relevant institutions, the key applicable principles of international law, the international mitigation regime and its consequences, and climate change litigation, before providing perspectives focused upon specific countries or regions.

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