New Legal Pluralism and Transnational Private Law

2020 ◽  
pp. 18-47
Author(s):  
Vanessa Mak
Keyword(s):  
Western Europe ◽  
Legal Pluralism ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Main Question ◽  
Private Regulation ◽  
The Creation ◽  
Theoretical Foundations ◽  
The Eu

This chapter makes an analysis of the theoretical foundations of lawmaking in European private law. It shows that they can be traced to transnational and constitutional pluralist theories. The main question is in which respects legal pluralism should replace the monist, state-centred perspective on lawmaking that prevailed in Western Europe since the creation of the Westphalian nation state. It is argued that, even though the state remains the primary locus for lawmaking in private law in the EU, the rise of private regulation and the interaction between courts through judicial dialogues plead in favour of adopting a strong legal pluralist perspective. ‘Strong’ or ‘radical’ legal pluralism, other than monism or ‘ordered’ legal pluralism, holds that norms can co-exist without a formal hierarchy. Both a descriptive and a normative case are put forward in support of adopting this perspective.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

scholarly journals Economics, Politics, and Ethnicity in Balochistan's Transport Industry

1995 ◽  
Vol 34 (4II) ◽  
pp. 619-626 ◽  
Author(s):  
Paul Titus
Keyword(s):  
Economic Development ◽  
Ethnic Conflict ◽  
Political Power ◽  
Political Leadership ◽  
The State ◽  
Nation State ◽  
Distribution Of Wealth ◽  
Contemporary World ◽  
Transport Industry ◽  
The Creation

Because of its potential to disrupt economic development, it is necessary to understand the dynamics of ethnic conflict in the contemporary world. A prevalent trend in the study of ethnicity is to focus on the creation and/or maintenance of ethnic identities and mobilisation on the basis of those identities as groups compete for resources, opportunities, or political power in the context of the nation-state [Barth (1969); Brass (1985); Comaroff (1987); Mumtaz (1990)]. In this approach, an ethnic group's distinguishing markers-language, custom, dress, etc.-are treated less as manifestations of tradition which define or create the group and more as arenas of negotiation and contestation in which people strive to realise their practical and symbolic interests. This happens as individuals or families, pursuing their livelihoods with the skills and resources available to them, find (or create) opportunities or obstacles which appear to be based on' ethnic criteria. The state can intensify this process as it uses positive or negative discrimination in order to achieve some desired distribution of wealth and opportunity. In turn, political leadership becomes a key in realising the experience of shared ethnic interests. Leadership develops as a kind of dual legitimation process, i.e., as individuals or organisations seek to be accepted as spokesmen both by members of the group itself and by outsiders.

Realizing the EU Social Market Economy through Law

2020 ◽  
pp. 231-246
Author(s):  
Vanessa Mak
Keyword(s):  
Environmental Protection ◽  
Market Economy ◽  
Legal Pluralism ◽  
Social Market Economy ◽  
Private Law ◽  
Normative Framework ◽  
Social Market ◽  
Political Economic ◽  
Opening Up ◽  
The Eu

This concluding chapter asserts that a case can be made for a strong legal pluralist theory of lawmaking in European private law. It takes a discursive approach, focusing on some aspects that require further consideration. The chapter considers how, and to what extent, the regulation of offline transactions is affected by the perceived shift towards legal pluralism. In addition, the chapter assesses which risks are posed to the instrumental-normative framework by political, economic, and social divides in the EU. Finally, the chapter closes with a reflection on the connections that could be made between certain fields such as citizens' rights as workers or in relation to environmental protection, opening up vistas for further research on lawmaking in European private law.

scholarly journals The Nation-State and the Origins of Secondary Education in Argentina: The Case of the Colegio Nacional (National School)

2020 ◽  
Vol 22 ◽  
Author(s):  
Felicitas Acosta
Keyword(s):  
Secondary Education ◽  
Secondary Schools ◽  
Key Words ◽  
The State ◽  
The Political ◽  
Political Elites ◽  
Nation State ◽  
National School ◽  
The Creation ◽  
Political Unification

This article focuses on the origins of secondary education in Argentina. Inparticular, it explores the possible relations between the modelling of educationalinstitutions intended for the formation of political elites and the fabrication of thenation-state. In Argentina, the creation of free, compulsory elementary educationwas preceded by the development of secondary education through the setting up ofthe colegio nacional. These schools were formed during the political unification ofthe national territory after domestic post-independence wars. Note the name givento these institutions: national schools. How did the nation and the state appear inthe organization of national schools? The article explores this question analyzingschool curricula and rectors’ reports during the configuration of the colegio nacionalbetween 1863 and 1890.Key words: curricula; configuration; national; territory; secondary schools.

The Challenge of a Jewish State

2015 ◽  
pp. 135-180
Author(s):  
David H. Weinberg
Keyword(s):  
The Netherlands ◽  
Jewish Identity ◽  
Western Europe ◽  
Jewish Life ◽  
The State ◽  
Modern History ◽  
Jewish State ◽  
The Creation ◽  
First Time ◽  
State Of Israel

This chapter investigates the first of three external challenges which defined Jewish life in western Europe in the late 1940s and 1950s. This was the creation of the State of Israel in 1948. For the first time in modern history, Jews could choose whether or not to live in the diaspora. There were hundreds of survivors in Belgium, France, and the Netherlands who were convinced that they had no future in Europe and migrated to Palestine as soon as they could. Those who chose not to were now forced to think more seriously about their decision to remain in western Europe. Zionist stalwarts, in particular, were challenged to reassess their role now that the Jewish state was a reality. What resulted was a transformation in collective and personal behaviour and attitudes that largely strengthened collective Jewish identity and commitment.

The State as a Party to Private Law Relations

2021 ◽  
Vol 10 (1-2) ◽  
pp. 47-60
Author(s):  
Nataliya M. Оnishchenko ◽  
Tatyana I. Tarakhonych ◽  
Oleh L. Bohinich
Keyword(s):  
Civil Law ◽  
The State ◽  
Private Law ◽  
Liability Law ◽  
Multi Stage ◽  
The Status ◽  
Legal Structures ◽  
Legal Position ◽  
Autonomous Republic ◽  
The Eu

Abstract The purpose of the study is to cover the analysis of the legal position of the state in private law relations. Particular attention is paid to the dualistic nature of the state – as a sovereign and as a horizontal participant in civil law relations. The study employs the following methods: dialectical, technical and comparative law. Results of the systematic interpretation suggest that the state does not have the status of a person, which complicates the application of some legal structures. It is concluded that the state is a multi-stage entity that includes the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. This paper will be useful for advocates, judges, academics whose area of expertise is the problematics of the liability law, as well as the issue of harmonisation of the civil legislation of Ukraine with the civil legislation of the EU countries.

scholarly journals Theoretical foundations of the institutional support for the innovative development of tourist sports and entertainment destinations

2021 ◽  
Vol 291 ◽  
pp. 06005
Author(s):  
Ksenia Derevianko ◽  
Irina Obraztsova ◽  
Victoria Orlovskaya ◽  
Inga Filippova
Keyword(s):  
Institutional Support ◽  
Economic Models ◽  
Higher Order ◽  
The State ◽  
Economic Systems ◽  
Innovative Development ◽  
The Creation ◽  
Theoretical Foundations

The article examines the essence of tourism and sports as independent socio-economic systems and as subsystems of a higher order - the economy of the state, and on this basis, the authors’ concept of institutional approaches to the formation of the system structures of organizational and economic models of their development is proposed, taking into account the sectoral clustering in the creation of tourist sports and entertainment destinations and recreational complexes.

scholarly journals Federalizm fiskalny i środowiskowy a polityka rolna

2019 ◽  
Vol 19(34) (1) ◽  
pp. 144-152
Author(s):  
Barbara Wieliczko
Keyword(s):  
European Commission ◽  
Agricultural Policy ◽  
The State ◽  
Individual Member ◽  
Review Of Literature ◽  
Environmental Federalism ◽  
Member States ◽  
The Creation ◽  
The Eu

The creation of an effective and efficient agricultural policy by the state is an extremely difficult task. It seems that designing proper agricultural policy becomes more difficult the larger the area. The aim of the article is to try to answer the question of what role in the creation and implementation of agricultural policy in the EU should be played by the European Commission, and by individual Member States. The answer to this question is based on the theories of fiscal and environmental federalism. The article is based on a review of literature and analysis of the optimal scope of public administration's competences in the creation and implementation of agricultural policy. The obtained results allow to determine how to optimize the division of tasks related to the agricultural policy between the levels of administration, which enables the implementation of a more effective and more efficient agricultural policy.

scholarly journals Minorities, Territories and the Law of Ownership. Back to Basics and the Way Forward

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Francesco Palermo
Keyword(s):  
International Law ◽  
Minority Group ◽  
Public Law ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Limited Role ◽  
The Law ◽  
Point Of Reference ◽  
The Way

In public law, the concept of property plays, arguably, a much more limited role than in private law. At a closer look, however, a rather different picture emerges. In fact, in public (national and international) law, property is less (if at all) regulated, but not less important than in private law. Rather, it is implicitly assumed and developed in collective rather than individual terms. Especially in the nation state construct, territory is the property of a state and the state is the property of a group of people (the dominant nation), whose power to control a territory is called sovereignty. For this reason, when the question emerges of how to deal with a territory predominantly inhabited by a minority group, the answers by different actors involved might be diametrically opposite. This is essentially because the link between people and territory is always framed in terms of ownership: who “owns” a territory? And how to deal with those who inhabit the territory without (being seen as those) owing it? This essay explores the responses to such questions. The focus will be on challenges posed by autonomy regimes as instruments for the accommodation of minority issues, including the evolving concept of territory. Against this background, the different understandings of the link and the recent practice of selected international bodies will be analysed, leading to some concluding remarks. It will be argued that territory is an unavoidable point of reference, but many aspects are not sufficiently addressed, such as the issue of the addressees of such arrangements, the evolution that minority-related concepts are facing in the present era, marked by the challenge of diversity and the overall understanding of territorial arrangements.

scholarly journals Pancasila: Ideologi dan Cabaran dalam Perkembangan Filem Indonesia

2017 ◽  
Vol 19 (1) ◽  
pp. 57-73
Author(s):  
Firdaus el Hadi ◽  
Md Azalanshah Md Syed ◽  
Hamedi Mohd Adnan
Keyword(s):  
National Identity ◽  
Qualitative Study ◽  
Political Ideology ◽  
Political System ◽  
Major Element ◽  
The State ◽  
New Order ◽  
Nation State ◽  
Old Order ◽  
The Creation

This qualitative study examines political ideology mainly on Pancasila and its association in the development of Indonesian films. Like other countries, Indonesia has undergone a change of political system from time to time. Indonesian Ideology and its political system evolved in three phases: Orde Lama (the old order), Orde Baru (the new order) and Orde Reformasi (the reformed order) that directly or indirectly form the narrative and plot of popular Indonesian films. As a policy of the nation-state, pancasila that emerged during the era of Orde Lama is influential not only to enlight the creation of national identity but to form popular views in various contexts including filmmaking. Thus, this study will analyse the importance of Pancasila as a major element in the making of popular Indonesian films and various challenges to maintain its role as important ideology for establishing the national identity of the state.

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