Business Interests, the State, and the Politics of Land Policy

2019 ◽  
pp. 124-150
Author(s):  
Rob Jenkins
Keyword(s):  
Industrial Development ◽  
State Level ◽  
Legal Framework ◽  
Land Policy ◽  
Federal Level ◽  
Business Interests ◽  
Indian State ◽  
Community Protection ◽  
The One ◽  
The Relationship

This chapter examines the relationship between business interests and the Indian state. It focuses on the legal framework governing the state’s forcible acquisition of land for “public purposes,” including private sector industrial development. Recent land acquisition policy trends reveal ambiguities in the character of the Indian state. On the one hand, in 2013 India enacted legislation containing protections for landowners and communities facing dispossession. The inability of business interests to prevent passage of such a law—or of the probusiness government elected in 2014 to repeal or amend it—suggests that the nexus between business and the Indian state may be less all-embracing than it seems. On the other hand, this case demonstrates the capacity of business to adapt to political obstacles at the federal level—notably, by shaping and supporting a series of state-level reforms designed to neutralize the key community-protection provisions found in the 2013 act.

The Relationship between Allegations of Economic Crimes in Foreign Investments and the Adjudicative Power of Investor–State Tribunals

2020 ◽  
Author(s):  
Dr Despina Christofi
Keyword(s):  
Public Policy ◽  
Money Laundering ◽  
Legal Framework ◽  
Economic Crime ◽  
Foreign Investments ◽  
Investment Arbitration ◽  
The One ◽  
The Relationship ◽  
Economic Crimes ◽  
Power And Authority

Abstract The article falls within the broad areas of investment and financial law and, in particular, it focuses on various challenges that emerge from allegations of economic crime in investor–State arbitration. In particular, what is examined is how the adjudicative power and authority of investor–State tribunals is affected by alleged investors’ economic crimes. The two examples of economic crimes discussed are money laundering and corruption, due to their growing prominence in the field of investment arbitration. The existing legal framework regarding corruption and money laundering at international and multinational levels is analysed first, as arbitrators should base their decisions on it when they face an allegation of the two aforementioned economic crimes. Afterwards, the article identifies and evaluates three possible options for arbitrators: first, to deny jurisdiction over the particular dispute; second, to refer to relevant principles of international public policy; and, third, to apply the mandatory provisions of a law other than the one applicable in the particular dispute. After critically analysing each of the three options, the article concludes with some suggestions on how arbitrators should deal with alleged cases of economic crime, and, further, how bilateral and multilateral investment treaties could be adjusted so as to tackle this evolving problem.

LEGAL AND REGULATORY FRAMEWORK FOR STRATEGIC MANAGEMENT OF STATE JOINT-STOCK COMPANIES IN UKRAINE

2019 ◽  
Vol 5 (1) ◽  
pp. 225-237
Author(s):  
Iryna Ratynska
Keyword(s):  
Public Sector ◽  
Strategic Management ◽  
State Level ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Decentralized System ◽  
National Legislation ◽  
The Public ◽  
The One

The article analyzes the features of the existing legal framework of strategic management of state joint-stock companies in Ukraine. It was established that Ukraine has formed a regulatory framework for the management of state-owned companies, which is typical for a decentralized system of management of state-owned objects. It was covered that the for-mation of the modern regulatory framework of this activity took place in 3 stages. For all stages, it is characteristic that at each of them long-term planning of development of the public sector of the economy had declarative, exclusively formal character. It was found that on the one hand, in the current national legislation, at the state level of management of joint-stock companies of the public sector of the economy, an unlimited number of too detailed program and forecast documents are recorded. On the other hand, the priority and coordination of such documents have not been established. In addition, the attention is focused on the fact that in the national legislation there was a consolidation of the contradiction between the strategic and operational management of state joint-stock companies.

scholarly journals Migration in Sub-State Territories with Historical-Linguistic Minorities: Main Challenges and New Perspectives

2018 ◽  
Vol 14 (1) ◽  
pp. 57-70
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
Historical Linguistic ◽  
Minority Groups ◽  
Basque Country ◽  
State Level ◽  
The Other ◽  
Migrant Population ◽  
Central State ◽  
Majority Groups ◽  
The One ◽  
The Relationship

Abstract Migration is an important reality for many sub-national autonomous territories where traditional-historical groups (so-called ‘old minorities’) live such as Flanders, Catalonia, South Tyrol, Scotland, Basque Country, and Quebec. Some of these territories have attracted migrants for decades, while others have only recently experienced significant migration inflow. The presence of old minorities brings complexities to the management of migration issues. Indeed, it is acknowledged that the relationship between ‘old’ communities and the ‘new’ minority groups originating from migration (so-called ‘new minorities’) can be rather complicated. On the one hand, interests and needs of historical groups can be in contrast with those of the migrant population. On the other hand, the presence of new minorities can interfere with the relationship between the old minorities and the majority groups at the state level and also with the relationship between old minorities and the central state as well as with the policies enacted to protect the diversity of traditional groups and the way old minorities understand and define themselves. The present lecture analyses whether it is possible to reconcile the claims of historical minorities and of new groups originating from migration and whether policies that accommodate traditional minorities and migrants are allies in the pursuit of a pluralist and tolerant society.

scholarly journals Cybersecurity in the EU The Example of the Financial Sector: A Legal Perspective

2020 ◽  
Vol 21 (6) ◽  
pp. 1149-1179
Author(s):  
Christian Calliess ◽  
Ansgar Baumgarten
Keyword(s):  
State Level ◽  
Financial Sector ◽  
Legal Framework ◽  
Legal Aspects ◽  
Legal Literature ◽  
Legal Perspective ◽  
Wide Range ◽  
The One ◽  
Economics And Politics ◽  
The Eu

AbstractCybersecurity in the financial sector is a dynamic and evolving policy field with unique challenges and specific characteristics. While it has recently received a lot of attention from disciplines like Economics and Politics, legal literature on this topic, especially with regard to EU law, still lags behind. This is surprising, given that cybersecurity in the EU is characterized by complex governance structures, a variety of legal sources, and a wide range of different rule makers and involved actors, and given that only a clear legal framework with efficient institutions at both EU and Member State level can provide for a safe digital environment. The purpose of this Article, therefore, is twofold: On the one hand, it aims to introduce the legal aspects of cybersecurity in the financial sector while taking stock of existing cybersecurity schemes, including their strengths and weaknesses from a legal perspective. On the other hand, it will set out key elements that cybersecurity regulation in the financial sector must respect in order to be effective and come up with reform proposals to make the EU financial sector more cybersecure.

Die Entwicklung des Verhältnisses des Bahá’í-Rechts zum säkularen deutschen Recht

2020 ◽  
Vol 72 (3) ◽  
pp. 286-310
Author(s):  
Emanuel V. Towfigh
Keyword(s):  
Religious Freedom ◽  
German Law ◽  
Legal Framework ◽  
State Law ◽  
Religious Traditions ◽  
Christian Churches ◽  
Religious Law ◽  
The One ◽  
German Constitutional Law ◽  
The Relationship

Bahá’í law differentiates between a secular and a sacred legal sphere, intertwining both by positing a religious duty for its adherents to abide by secular (state) law. In Germany, it encounters a secular legal framework that aims at something similar – creating an equilibrium between state law and religious law by establishing the principle of the division of State and Religion, while at the same time facilitating religious freedom; it provides a secular justification for the recognition of religious law. With this, both orders provide mechanisms ensuring that state law and religious law are able to enforce their own claim of validity, while at the same time avoiding conflicts between the respective legal orders. The article argues that this unique interaction between Bahá’í law and the German constitutional law framework impacted both legal orders. For German law, on the one hand, it proved to be crucial for the development and opening of this legal field – whose original purpose was the regulation of the relationship between the state and the (two) Christian churches – for other religious traditions. The interaction with state law has impacted the Bahá’í Community of Germany, on the other hand, by catalyzing a number of developments that in other comparative law contexts have been dubbed “constitutionalization” effects.

Awakening the Serpent King: Ritual and Textual Ontologies in Garhwal, Uttarakhand

2020 ◽  
Vol 13 (2) ◽  
pp. 101-121
Author(s):  
Aftab S Jassal
Keyword(s):  
The Other ◽  
Religious Practices ◽  
High Caste ◽  
Textual Production ◽  
The North ◽  
Textual Authority ◽  
The World ◽  
Indian State ◽  
The One ◽  
The Relationship

Abstract In the north Indian state of Uttarakhand, the god Nagaraja, associated with the pan--Indian god Krishna, is an extremely popular deity. However, there exist key disjunctures in how Nagaraja is known, experienced and worshiped in the north Indian state of Uttarakhand by jāgar performers—low--caste ritual specialists, storytellers, and musicians—on the one hand, and high--caste temple priests, on the other. Temple priests were generally dismissive of the practices of the jāgar performers, often re--directing my interest in regional narratives of Nagaraja to the Sanskrit--language Bhagavadgita and Bhagavata Purana (the Gita--Bhagavat), which they saw as authoritative and ‘original' sources of oral and vernacular traditions. This interpretation, however, was highly contested by jāgar performers who articulated a non--essentialist, ritually efficacious, rhetorical, oral and vernacular ‘textual ontology.' Jāgar performers not only critiqued Brahminical notions of textual purity and essentialism but also assumptions within the academic study of Hinduism about the relationship between vernacular religious practices and textual Hinduism, or the so--called Great and Little traditions of Hinduism. By ‘textual ontology,' I describe how different relations to textual authority and knowledge in turn reveal distinctive ways of creating, knowing, and interacting with deities and the world. In challenging priestly and western scholarly notions of text, this article offers a radically different view of textual production, transmission, and authority.

Misreading Egypt

2018 ◽  
Author(s):  
Jesse Schotter
Keyword(s):  
New Media ◽  
Narrative Form ◽  
Experimental Film ◽  
Tower Of Babel ◽  
Avant Garde ◽  
Sergei Eisenstein ◽  
History Of ◽  
The One ◽  
The Relationship ◽  
Modern Technologies

The first chapter of Hieroglyphic Modernisms exposes the complex history of Western misconceptions of Egyptian writing from antiquity to the present. Hieroglyphs bridge the gap between modern technologies and the ancient past, looking forward to the rise of new media and backward to the dispersal of languages in the mythical moment of the Tower of Babel. The contradictory ways in which hieroglyphs were interpreted in the West come to shape the differing ways that modernist writers and filmmakers understood the relationship between writing, film, and other new media. On the one hand, poets like Ezra Pound and film theorists like Vachel Lindsay and Sergei Eisenstein use the visual languages of China and of Egypt as a more primal or direct alternative to written words. But Freud, Proust, and the later Eisenstein conversely emphasize the phonetic qualities of Egyptian writing, its similarity to alphabetical scripts. The chapter concludes by arguing that even avant-garde invocations of hieroglyphics depend on narrative form through an examination of Hollis Frampton’s experimental film Zorns Lemma.

Colonialism and the Highland Clearances

2017 ◽  
Vol 8 (1) ◽  
pp. 22-48 ◽  
Author(s):  
Iain Mackinnon
Keyword(s):  
Industrial Development ◽  
Comparative Approach ◽  
Indigenous Research ◽  
Internal Colonialism ◽  
New Approach ◽  
A Site ◽  
Relationship Of ◽  
The Relationship ◽  
Imperial State ◽  
Late Modern

This article employs a new approach to studying internal colonialism in northern Scotland during the 18th and 19th centuries. A common approach to examining internal colonial situations within modern state territories is to compare characteristics of the internal colonial situation with attested attributes of external colonial relations. Although this article does not reject the comparative approach, it seeks to avoid criticisms that this approach can be misleading by demonstrating that promoters and managers of projects involving land use change, territorial dispossession and industrial development in the late modern Gàidhealtachd consistently conceived of their work as projects of colonization. It further argues that the new social, cultural and political structures these projects imposed on the area's indigenous population correspond to those found in other colonial situations, and that racist and racialist attitudes towards Gaels of the time are typical of those in colonial situations during the period. The article concludes that the late modern Gàidhealtachd has been a site of internal colonization where the relationship of domination between colonizer and colonized is complex, longstanding and occurring within the imperial state. In doing so it demonstrates that the history and present of the Gaels of Scotland belongs within the ambit of an emerging indigenous research paradigm.

Researching (with) Major Food Retailers

2015 ◽  
Vol 15 (3) ◽  
pp. 33-39 ◽  
Author(s):  
David Evans
Keyword(s):  
Food Systems ◽  
Academic Research ◽  
Social Scientists ◽  
Major Food ◽  
Food Retailers ◽  
Food Retailer ◽  
The One ◽  
The Uk ◽  
The Relationship ◽  
Opening Up

This paper considers the relationship between social science and the food industry, and it suggests that collaboration can be intellectually productive and morally rewarding. It explores the middle ground that exists between paid consultancy models of collaboration on the one hand and a principled stance of nonengagement on the other. Drawing on recent experiences of researching with a major food retailer in the UK, I discuss the ways in which collaborating with retailers can open up opportunities for accessing data that might not otherwise be available to social scientists. Additionally, I put forward the argument that researchers with an interest in the sustainability—ecological or otherwise—of food systems, especially those of a critical persuasion, ought to be empirically engaging with food businesses. I suggest that this is important in terms of generating better understandings of the objectionable arrangements that they seek to critique, and in terms of opening up conduits through which to affect positive changes. Cutting across these points is the claim that while resistance to commercial engagement might be misguided, it is nevertheless important to acknowledge the power-geometries of collaboration and to find ways of leveling and/or leveraging them. To conclude, I suggest that universities have an important institutional role to play in defining the terms of engagement as well as maintaining the boundaries between scholarship and consultancy—a line that can otherwise become quite fuzzy when the worlds of commerce and academic research collide.

Choice Of Technique And The Volume Of Saving (A Re-Examination Of The Cobb-Douglas Model)

1968 ◽  
Vol 8 (4) ◽  
pp. 606-617
Author(s):  
Mohammad Anisur Rahman
Keyword(s):  
Economic Development ◽  
Production Function ◽  
Development Policy ◽  
Social Goals ◽  
The Other ◽  
Economic Development Policy ◽  
Labour Intensity ◽  
The One ◽  
Choice Of Technique ◽  
The Relationship

The purpose of this paper is to re-examine the relationship between the degree of aggregate labour-intensity and the aggregate volume of saving in an economy where a Cobb-6ouglas production function in its traditional form can be assumed to give a good approximation to reality. The relationship in ques¬tion has an obviously important bearing on economic development policy in the area of choice of labour intensity. To the extent that and in the range where an increase in labour intensity would adversely affect the volume of savings, a con¬flict arises between two important social objectives, i.e., higher rate of capital formation on the one hand and greater employment and distributive equity on the other. If relative resource endowments in the economy are such that such a "competitive" range of labour-intensity falls within the nation's attainable range of choice, development planners will have to arrive at a compromise between these two social goals.

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