Young Russians are increasingly prepared to protest

Significance Although Ustinov, 23, says he was not even part of the demonstration, his case became a cause celebre pointing to a gulf between the Kremlin and the people, particularly a younger generation that seems less fearful of speaking out. The court's unusual step reflects concerns that the case against Ustinov is fabricated, and that tough action against protesters compounded with indifference to due process risks a loss of legitimacy for the state. Impacts Russians, including the young, are losing trust in state institutions across the board. Many in the younger age-group are considering emigration, and have the personal and other resources to do so. Environmental protests are more likely to be given official authorisation than political events.

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 630-648

630Procedure — Addition of a party — Conditional application — UNCITRAL Rules, Article 22 — UNCITRAL Rules, Article 17 — Whether the UNCITRAL Rules or lex loci arbitri allowed for applications to be made conditional on a tribunal’s future decision — Whether the application was consistent with the State’s procedural rights — Whether the amendment to a claim under Article 22 of the UNCITRAL Rules allowed for the addition of a third party as claimantJurisdiction — Investment — Shares — Whether an investor’s shares and rights derived from those shares were protected investments under the BITJurisdiction — Investment — Assets of subsidiary — Whether profits, goodwill or know-how of a local subsidiary constituted investments of the investor protected by the BITJurisdiction — Consent — Cooling-off period — Premature claims — Whether the investor had communicated its own claims rather than those of its local subsidiary — Whether the investor’s failure to comply with a waiting period of six months under the BIT required a tribunal to deny jurisdiction or admissibility — Whether the negotiation of a local subsidiary’s dispute in good faith was relevant to jurisdiction over a foreign investor’s claimsInterpretation — Cooling-off period — VCLT, Article 31 — Object and purpose — Whether the object and purpose of the BIT required a tribunal not to adopt a strict or formalistic interpretation of the waiting period of six monthsRemedies — Declaratory award — Interpretation — Just compensation — Whether the tribunal had jurisdiction under the BIT to make a declaratory award on the interpretation and application of the term “just compensation”Jurisdiction — Dispute — Whether the tribunal had jurisdiction under the BIT to advise the parties of an imminent disputeExpropriation — Direct deprivation — Shares — Rights derived from shares — Whether the State directly deprived the investor of its rights as a shareholder in its local subsidiaryExpropriation — Indirect deprivation — Shares — Rights derived from shares — Whether the shares had lost all or almost all significant commercial value — Whether the measures were adopted in the public interest — Whether due process had been followed — Whether there were any undertakings by the StateExpropriation — Interpretation — “Just compensation” — Whether there was any difference between the terms of the BIT and general international law — Whether the meaning of just compensation could be determined in the abstract631Fair and equitable treatment — Whether the impending expropriation constituted a breach of the standard of fair and equitable treatment — Whether the claim concerned the investor’s rights derived from sharesFull protection and security — Whether the State failed to protect an investment from expropriation by local authorities — Whether the claim concerned the investor’s rights derived from sharesUmbrella clause — Whether there was any assurance directed at the investor that created any legal obligations — Whether the claim concerned the investor’s rights derived from sharesCosts — Arbitration costs — Variation by agreement — UNCITRAL Rules — Whether the terms of the BIT varied the default rules for the allocation of arbitration costs


Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.


ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 446-484

446Jurisdiction — Investment — Derivative transactions — Interpretation — Claims to money used to create an economic value — Claims to money associated with an investment — Whether a hedging agreement constituted an investment under the BITJurisdiction — Investment — Territorial requirement — Derivative transactions — Whether a hedging agreement satisfied the condition of territorial nexus to the host StateJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Salini test — Contribution to economic development — Regularity of profit and return — Whether a hedging agreement constituted an investment — Whether all five elements of the Salini test were legal criteria for an investment under ICSID jurisdictionJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Ordinary commercial transaction — Contingent liability — Whether a hedging agreement was an ordinary commercial transaction or a contingent liabilityJurisdiction — Contract — State-owned entity — Municipal law — Whether a hedging agreement was void because the transaction was outside a State-owned entity’s statutory authorityState responsibility — Attribution — Judicial acts — ILC Articles on State Responsibility, Article 4 — Whether a superior court was an organ of the host StateState responsibility — Attribution — Central bank — ILC Articles on State Responsibility, Article 4 — Whether a central bank was an organ of the host StateState responsibility — Attribution — State-owned entity — ILC Articles on State Responsibility, Article 4 — ILC Articles on State Responsibility, Article 5 — ILC Articles on State Responsibility, Article 8 — Whether a State-owned entity was an organ of the State — Whether actions of a State-owned entity were attributable to the State as an exercise of governmental authority — Whether a State-owned entity was acting under instructions or the direction and control of the StateFair and equitable treatment — Judicial acts — Due process — Interim order — Political motive — Whether court orders violated the standard of fair and equitable treatment — Whether public statements of a senior judge evidenced the political motive of court ordersFair and equitable treatment — Autonomous standard — Interpretation — Minimum standard of treatment — Whether the standard of fair and equitable treatment was materially different from customary international law447Fair and equitable treatment — Government investigation — Due process — Bad faith — Transparency — Whether a central bank’s investigation violated the standard of fair and equitable treatmentExpropriation — Indirect expropriation — Contract — Derivative transaction — Substantial deprivation — Debt recovery — Municipal law — Whether the subsistence of a contractual debt and the possibility to claim under the chosen law of a third State prevented a finding of expropriation — Whether the possibility of recovery in a third State was to be assessed as a prerequisite in the cause of action of expropriation or as a matter of causation and quantumExpropriation — Indirect expropriation — Contract — Substantial deprivation — Legitimate regulatory authority — Proportionality — Whether an interference with contractual rights was an exercise of the host State’s legitimate regulatory authority — Whether the regulatory measures were proportionateRemedies — Damages — Causation — Contract — Debt recovery — Whether the claimant suffered damages if it had the possibility to recover a contractual debt in the courts of a third StateCosts — Indemnity — Egregious breach — Bad faith — Whether the egregious nature of the host State’s breaches of its international obligations meant the claimant was entitled to full recovery of its costs, legal fees and expenses


2019 ◽  
Vol 121 (5) ◽  
pp. 1010-1019 ◽  
Author(s):  
Yansong Zheng ◽  
Liping Zhang ◽  
Qiang Zeng ◽  
Chaojin Han

PurposeFunctional disorders caused by food intolerance (FI) are prevalent, thus it is important to analyze the FI of healthy people to common foods so as to guide the people for eating the healthy foods. The paper aims to discuss this issue.Design/methodology/approachIn total, 88,436 healthy persons including 60,902 males and 27,534 females at the age ranging from 20 to 70 years old were subjected a normal physical examination. In total, 14 kinds of food-specific IgG antibodies were detected by enzyme-linked immunesorbent assay.FindingsThe total positive rate of 14 FIs was as high as 64.16 percent. Five kinds of foods (egg, crab, cod, shrimp and milk) accounted for 84.51 percent of the total positive rate. In more than one kind of FIs, egg took the largest proportion than the others and the proportion was 58.54 percent. The second was crab with a positive rate of 56.19 percent. The antibody positive rate of any food in one kind of FIs was significantly lower than that in more than one kind of FIs (χ2=629.35,p<0.001). Also, younger age subjects displayed the higher positive rate than the older age groups. In addition, there was no significant difference on FI between male and female subjects.Originality/valueThe results would not only prompt us to pay more attention to FI in daily life, but provide theoretical foundation for the early prevention, diagnosis and treatment of related clinical diseases as well as guiding people healthy meals.


Subject A new anti-corruption body has been put in place in Honduras. Significance On January 19, the Organization of American States (OAS) signed an agreement with Honduran President Juan Orlando Hernandez to set up an anti-corruption mission in the country. The mission, known as the Mission for Support against Corruption and Impunity in Honduras (MACCIH), will work to improve the judicial process with particular focus on anti-corruption cases. Impacts The MACCIH is likely to trigger protests by groups who wanted a different type of international mission. Vested interests within the state will see attempts to divert the mission's attention to corruption networks outside of state institutions. Cleaning up and training the judiciary will be a key aim for the MACCIH, but will be met with resistance from long-serving judges. The failure of the MACCIH could undermine the credibility of the OAS both within Honduras and more widely.


1971 ◽  
Vol 35 (3) ◽  
pp. 314-319 ◽  
Author(s):  
Reinhold E. Schlagenhauff ◽  
Franz E. Glasauer

✓ Twenty-five cases of carpal tunnel syndrome in 20 patients were evaluated preoperatively and postoperatively by electromyography. Clinical improvement resulted in all cases following decompression of the median nerve, and only in a few instances did mild symptoms persist. Distal motor conduction time improved postoperatively in 24 cases studied, 19 of which returned to normal range. Most of the obvious improvement occurred within the first 3 months, and further improvement could be observed as late as 36 months. Although no definite correlation could be established between the preoperative severity of the carpal tunnel syndrome and the postoperative clinical and electrical improvement, there was a definite evidence of better recovery in the younger age group. There was a greater range of improvement and a return closer to normal postoperatively in cases with severe preoperative distal latency. All cases examined after 24 months had reached normal values.


Afrika Focus ◽  
2006 ◽  
Vol 19 (1-2) ◽  
pp. 43-67
Author(s):  
Kristof Titeca

Political patronage and political values: The developmental role of political patronage and its impact on shaping political values in rural Uganda. This article points out the importance of neo-patrimonial theories in understanding local socio-political dynamics. Through the analysis of a case study in Western Uganda, it is firstly shown how within 'formal' state institutions, there is an 'informal' logic of competing political camps. These political camps, and their subsidiary networks of political patronage, have adverse effects for development. Secondly, this system has a profound impact on how people perceive the service-delivery functions of the state: people on the ground do not expect the state to be there for everyone, but only for the people of their 'political camp' or network. Also the role of the state is seen as strongly personalised, as the 'big men' are perceived to have taken over the service provision activities of the state.


2020 ◽  
Vol 11 (2) ◽  
pp. 498-510 ◽  
Author(s):  
Musa Yusuf Owoyemi

Purpose The purpose of this study is to look at Zakat management and the crisis of confidence in the ability of the state and zakat agencies to dispense zakat to the rightful beneficiaries as mentioned in the Quran. Confidence is a very important element between the payers and collectors of zakat and when this is lost, it affects the willingness of the payers to give zakat to the zakat collectors (state or zakat agency). This crisis of confidence led to the need to look at the legality of the payer giving zakat directly to the beneficiaries and whether this is a sin as argued in certain quarters. Design/methodology/approach Using the qualitative method by using historical, analytical and critical tools, the research examines the concept of proximity in the distribution of zakat and based on this argues that giving zakat directly to the beneficiaries is a viable option when there is a crisis of confidence between the payer and the state or zakat agency. Findings Through the analysis of the opinions of scholars, the research affirms that scholars are divided on whether to pay zakat to the state or give it directly to the beneficiaries. Based on this, the research concludes that although the ideal is to give zakat to the state or zakat agency, but there is no sin in giving zakat directly to the beneficiaries especially where there is a problem of confidence in the state and/or zakat agency. Research limitations/implications The research discussed the legality of giving zakat to the recipients of zakat directly using the historical, analytical and critical tools. This shows that the research is qualitative in nature and is library based therefore limited in scope. Basically, this research is concerned with refuting the claim that it is a sin for zakat payers to give zakat directly to the recipients especially when there is a problem of trust in zakat agencies and a crisis of confidence in the ability of these agencies to do what is right with the zakat funds. This leaves room for further research on the issue. Practical implications It is important to create confidence in zakat agencies' collection and distribution of zakat so that it will encourage more Muslims to pay their zakat and allow it to reach as many people as possible. Encouraging the creation of a vetting organization by Muslim professional accountants and others that can help in making zakat agencies transparent and trustworthy. Social implications It emphasizes the importance of trust and confidence that institutions must project for the people to do business with them. Originality/value The research contributes to the body of knowledge on zakat collection and distribution. It shows the importance of trust and confidence in zakat management and recommended ways in which trust and confidence could be built in the effective collection and distribution of zakat.


Author(s):  
Nadeshda Motorova

The article analyzes English and American researchers’ works which reflected the factors that influenced the formation of the state social policy of the Russian Empire in 1861–1914 and its individual aspects. It is noted that in studies on institutional history foreign scholars point to the problems in organizing the system of local government and self-government, which negatively affected the development of the social sphere. These drawbacks include the lack of institutional unity between the various branches of government and a single strategic purpose for the state development, the inability of various institutions of power to provide an effective solution to the problems of the population. These issues are indicated by A. Verner, N. Weissman, T. Pearson and others. The works of this direction contain negative or neutral assessments of the state internal policy, which included social policy. Its certain aspects have also received coverage in the studies on social history. In foreign historiography attention was paid to such problems as the development of charity in the Russian Empire and the situation of children, as and the healthcare system. For understanding the essence of the state social policy, the conclusions made by A. Lindenmeyr are of particular value. She points to gradual rationalization of assistance to the people in need as well as maintaining the general control of the state over its development. B. Gorshkov, analyzing the problem of child labor in the Russian Empire, for the first time affects the actual social policy of the state. He emphasizes that in this direction, state institutions and the public have managed to establish successful cooperation and achieve positive results.


Author(s):  
Alasdair Roberts

This chapter focuses on state leaders and their goals. Within every state is a group of people who have a large degree of control over the way state power is exercised. They directly influence decisions about how goals are prioritized and pursued and ways in which institutions are constructed or renovated so that these decisions can be realized. These are the people who need advice on macro-level questions of public administration—that is, on big questions relating to the architecture of the state. These people can be called leaders or rulers. It is possible to describe, in general terms, the set of goals that leaders pursue. There is little doubt that survival in office should be counted within this set of likely goals. A second goal is to increase the power and legitimacy of state institutions within the territory claimed by the state. A third goal is the extension of power and legitimacy within the state system. A fourth goal is the increase of national prosperity. A fifth possible goal for leaders is the advancement of human rights.


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