9. Immunities

2019 ◽  
pp. 217-246
Author(s):  
Gleider Hernández

This chapter explores the concept of immunities. Immunity from jurisdiction describes the doctrines developed in domestic courts over time to avoid infringements on State sovereignty whenever possible. Generally speaking, immunities seek to prevent foreign courts from exercising jurisdiction regarding the conduct of another State, its agents, officials, or diplomatic representatives, as well as from adjudicating on inter-State disputes without their consent. Due in part to the historical conflation of State and sovereign that defined the scope of immunity, several mechanisms have been developed that allow various categories of officials of States to invoke immunity in the courts of another State. Often an exemption from local jurisdiction exists in relation to mundane violations such as driving offences or administrative matters. However, exemption from jurisdiction has important policy implications if the act in question would constitute an international crime.

2011 ◽  
Vol 38 (6) ◽  
pp. 541-553 ◽  
Author(s):  
Melinda D. Schlager ◽  
Daniel Pacheco

The Level of Service Inventory—Revised (LSI-R) is an actuarially derived risk assessment instrument with a demonstrated reputation and record of supportive research. It has shown predictive validity on several offender populations. Although a significant literature has emerged on the validity and use of the LSI-R, no research has specifically examined change scores or the dynamics of reassessment and its importance with respect to case management. Flores, Lowenkamp, Holsinger, and Latessa and Lowenkamp and Bechtel, among others, specifically identify the importance and need to examine LSI-R reassessment scores. The present study uses a sample of parolees ( N = 179) from various community corrections programs that were administered the LSI-R at two different times. Results indicate that both mean composite and subcomponent LSI-R scores statistically significantly decreased between Time 1 and Time 2. The practical, theoretical, and policy implications of these results are discussed.


2021 ◽  
pp. 1-14
Author(s):  
Andrey Damaledo

Abstract This article assesses the implementation of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees and how it relates to different kinds of bureaucratic labelling of refugees as it unfolds in Indonesia’s region of Kupang. From a politico-historical perspective, Kupang is a useful case-study for elucidating the policy implications of the labelling of refugees, as the region has been hosting different kinds of refugees due to its strategic geographical location that borders Australia and Timor-Leste. Drawing on my fieldwork in Kupang between October 2012 and October 2013, and my intermittent return to the region between January 2017 and February 2019, this article argues that labels for refugees evolve over time in response to the larger sociopolitical situation, but they are formed mostly to serve the interest of the host country rather than those of displaced people. Furthermore, while labelling displaced people as “refugees” has been effective in justifying funding and support, it can also lead to a manipulation of refugee status, and the marginalization and exclusion of refugees.


2017 ◽  
Vol 42 (2) ◽  
pp. 146-162 ◽  
Author(s):  
Aimée X. Delaney ◽  
Melissa Wells

Current research indicates that violence against youth contributes to adverse psychological outcomes but has yet to focus on violence against youth while living in foster care and the associated psychosomatic changes over time. Multilevel modeling regression was used to analyze self-reported depression for a sample of 354 youth living in foster care from one Midwestern state. The present study found that changes in depression levels over time among the foster care youth who experienced polyvictimization, compared to the youth who experienced child maltreatment alone, were conditional upon gender and varied significantly by race. Policy implications are discussed.


2020 ◽  
Vol 17 (2) ◽  
pp. 43-62
Author(s):  
Basanta Kumar Barmon ◽  
◽  
Sanzidur Rahman ◽  

This paper examines the long-term impacts of the joint prawn-rice gher farming system on agricultural and household incomes, soil fertility, and productivity of modern variety (MV) rice in southwestern Bangladesh, based on socioeconomic data of the gher farmers and soil fertility data of their gher plots. In 2005, 20 farmers operating on 30 plots were randomly selected from the Bilpabla village of Khulna from whom prawn and MV rice production data were collected using a questionnaire; soil samples were also collected and tested. In 2011 and 2017, the sustainability of the gher system over time was assessed through another survey of farmers following the same methodology. Results revealed that although the nominal income from gher farming increased by 59 percent in 2011 and 23 percent in 2017, the real income and per capita household income remained unchanged over time. Agricultural income has contributed about 65 percent to household income, which for gher farmers was about 200 percent higher than average rural incomes in Bangladesh. Rice productivity declined slightly from its 2005 level. However, the productivity of MV rice under prawn-rice gher farming is substantially higher than in the conventional MV rice farming system. The positive estimates of the Mean Soil Quality Index and Soil Degradation Index for land used for MV paddy production within the gher indicate an increase in soil nutrients. This suggests that the joint prawn-rice gher farming system is relatively sustainable, having improved soil fertility and stabilized real income. Policy implications toward promoting agricultural growth in the southwestern region of Bangladesh include research on developing varieties of MV rice suited to prawn-rice gher farming and the development of commercial feeds and markets for prawn to further raise productivity and incomes of gher farmers.


2021 ◽  
pp. 81-94
Author(s):  
Michael A. Wilkinson

<Online Only>This chapter examines how post-war Europe was reconstituted through a new regional geopolitics of inter-state relations, an acknowledgement of the interdependence of internal and external domains of state action, and a change in the abstract meaning of sovereignty. Materially, inter-state relations in Europe were reconstituted through the response to the ‘German question’, extraneous factors of Cold War superpower rivalry, and the project of European integration. This was supported by constitutional developments. Domestically, these developments involved commitments to internationalism and Europeanism and the turn to counter-majoritarian institutions, disconnecting state sovereignty from popular sovereignty. Regionally, they involved the constitutionalization of the European Economic Community (EEC), cementing a functionalist ideology and depoliticization through juridical and technical avenues.</Online Only>


Author(s):  
Niguissie Mengesha ◽  
Anteneh Ayanso ◽  
Dawit Demissie

E-government has been one of the top government strategies in recent years. Several studies and projects have attempted to understand the scope of e-government and the measurement framework that can be deployed to track the readiness as well as progress of nations overtime. Among these initiatives is the United Nations Public Administration Network (UN PAN) that assesses the e-government readiness of nations according to a quantitative composite index based on telecommunication infrastructure, human capital, and online services. Using the UN PAN index data from 2008 to 2016, the article profiles African nations using unsupervised machine learning technique. It also examines the resulting cluster profiles in terms of theoretical perspectives in the literature and derive policy insights from the different groupings of nations and their evolution over time. Finally, the article discusses the policy implications of the proposed methodology and the insights obtained.


1988 ◽  
Vol 22 (3) ◽  
pp. 30-58 ◽  
Author(s):  
Jerome L. Mcelroy ◽  
Klaus De Albuquerque

One area of intra-Caribbean migration that has been overlooked is the “migration transition”—the transformation of rapidly modernizing societies from net labor exporters to net labor importers. This article assembles eight case studies to: 1) briefly present a spectrum of migration experiences in the Caribbean; 2) uncover some transitions under way; 3) pinpoint the forces that underlie the migration transition and; 4) point out some of the more important policy implications of labor migration reversals.


2017 ◽  
Vol 372 (1722) ◽  
pp. 20160122 ◽  
Author(s):  
Chelsea L. Wood ◽  
Alex McInturff ◽  
Hillary S. Young ◽  
DoHyung Kim ◽  
Kevin D. Lafferty

Infectious disease burdens vary from country to country and year to year due to ecological and economic drivers. Recently, Murray et al. (Murray CJ et al . 2012 Lancet 380 , 2197–2223. ( doi:10.1016/S0140-6736(12)61689-4 )) estimated country-level morbidity and mortality associated with a variety of factors, including infectious diseases, for the years 1990 and 2010. Unlike other databases that report disease prevalence or count outbreaks per country, Murray et al. report health impacts in per-person disability-adjusted life years (DALYs), allowing comparison across diseases with lethal and sublethal health effects. We investigated the spatial and temporal relationships between DALYs lost to infectious disease and potential demographic, economic, environmental and biotic drivers, for the 60 intermediate-sized countries where data were available and comparable. Most drivers had unique associations with each disease. For example, temperature was positively associated with some diseases and negatively associated with others, perhaps due to differences in disease agent thermal optima, transmission modes and host species identities. Biodiverse countries tended to have high disease burdens, consistent with the expectation that high diversity of potential hosts should support high disease transmission. Contrary to the dilution effect hypothesis, increases in biodiversity over time were not correlated with improvements in human health, and increases in forestation over time were actually associated with increased disease burden. Urbanization and wealth were associated with lower burdens for many diseases, a pattern that could arise from increased access to sanitation and healthcare in cities and increased investment in healthcare. The importance of urbanization and wealth helps to explain why most infectious diseases have become less burdensome over the past three decades, and points to possible levers for further progress in improving global public health. This article is part of the themed issue ‘Conservation, biodiversity and infectious disease: scientific evidence and policy implications’.


2018 ◽  
Vol 2 (1) ◽  
pp. 19-42
Author(s):  
Apekshya Shah

Correction: On 29th June 2020, the author's name was changed from Apkeshya Shah TO Apekshya Shah. This paper analyses the concept of Westphalian sovereignty and its practices among states, particularly in the bilateral relationship between Nepal and India. The notion of Westphalian sovereignty, basically a principle of non-intervention in the internal matters of other states, has been a contested concept since the beginning of its inception. Despite numerous international agreements, system-affecting and system-influencing countries have not refrained from meddling into the internal affairs of system-ineffectual states. Taking the issue of alleged Indian interference in Nepal's internal affairs into consideration, this paper examines levels and degrees of correction in accusations and assertions. And if it is correct then how can we understand it better. The first part of the paper discusses the conceptual frame of state sovereignty and its evolution over time. Then, the issue of the exercise of sovereignty is explored and, concurrently, the compromise of state sovereignty is also explained before analysing Nepal-India relations. Next, the Nepal-India relations are analysed.


Author(s):  
Eleonora Sottile ◽  
Francesco Piras ◽  
Italo Meloni

There is ample consensus that, besides objective characteristics, psycho-attitudinal factors play a key role in influencing people’s mode choice. Hybrid choice models use these theoretical frameworks so as to include latent constructs for capturing the impact of subjective factors on mode choice. But recent work in transportation research raised the question about the ability of hybrid choice models to derive policy implications that aim to change travel behavior, given the focus on cross-sectional data. To address this problem we designed a survey for collecting longitudinal data (socio-economic and psycho-attitudinal) to evaluate, on the one hand, the long-term effects on travel mode choice of the implementation of a new light rail line in the metropolitan area of Cagliari (Italy), on the other to detect any changes in the psycho-attitudinal factors and socio-economic characteristics after implementation of those measures. In particular, the objective of the study is to analyze whether these changes in individual characteristics are able to affect mode choice from a modeling perspective, through the specification and estimation of hybrid models. Our results show that latent variables were not significantly different over waves, showing that the impact of the psychological construct remained stable over time, even after the introduction of the new light rail. Additionally, we found some evidence that the variables that explain the latent variables could change over time.


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