Bolstering the Proliferation Security Initiative at Sea: A Comparative Analysis of Ship-boarding as a Bilateral and Multilateral Implementing Mechanism

2006 ◽  
Vol 75 (2) ◽  
pp. 249-278 ◽  
Author(s):  
Fabio Spadi
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Legal Framework ◽  
The Political ◽  
The Us ◽  
Multilateral Agreements ◽  
Key Concepts ◽  
International Legal System ◽  
Proliferation Security Initiative ◽  
Definition Of

AbstractThe political significance of the PSI – and the implementation thereof – cannot reap its maximum potential if it is not supported by an adequate legal framework to regulate, inter alia, the interdiction of suspect vessels. The US Administration, very much the leading actor behind the Initiative, has been at the forefront of the efforts to develop an accompanying and effective international legal system, both at bilateral and multilateral levels, following the blueprint of what has already been accomplished in the area of counter-narcotics interdiction. However, the consent of the States involved remains paramount even within the context of the bilateral and multilateral agreements elaborated so far. These agreements, which are examined and compared in the article, in many ways do not attain the same sophistication as that of the counter-narcotics agreements. This is probably unavoidable, in light of the largely discretionary nature of the key concepts of the PSI, such as the definition of what are States or non-State actors of proliferation concern.

The Philosophy of Sobornost as a Prototype of Ferdinand Tönnies’ “Sociological Conservatism”

2021 ◽  
pp. 49-59
Author(s):  
Nikita K. Siundiukov ◽  
Keyword(s):  
Comparative Analysis ◽  
Reference Points ◽  
Natural State ◽  
The Political ◽  
The Social ◽  
Political Theories ◽  
Definition Of

The article presents a comparative analysis of the theory of Ferdinand Tönnies “Gemeinschaft/Gesellschaft” and the philosophy of catholicity in the works of A.S. Khomyakov and I.V. Kireevsky. The theory of Tönnies is considered in the light of the concept of “sociological conservatism” manifested by A.F. Filippov. It is shown that the conceptual opposition “Gemeinschaft/Gesellschaft” can be seen continuation of the discussion about the “nature of the social”. In this light, the main reference points of Tönnies sociology are the political theories of Aris­totle and Hobbes, with an emphasis on the definition of the “natural state” of man. Based on the analysis of Tönnies theory, it is shown that its comparison with Slavophilism is possible in three parameters: appeal to the factor of sub­stantiality, the dichotomy of “historical” and “non – historical” and the use of the concept of “organic”. It is proved that in the context of a “conservative” reading of the philosophy of sobornost, its argumentation turns out to be mainly political and sociological

Part II Substantive Aspects, Ch.13 Underwater Cultural Heritage

2020 ◽  
Author(s):  
O’Keefe Patrick J
Keyword(s):  
Cultural Heritage ◽  
Legal System ◽  
Legal Framework ◽  
Underwater Cultural Heritage ◽  
Unesco Convention ◽  
Time Capsule ◽  
International Legal System ◽  
A Site

This chapter focuses on underwater cultural heritage. This form of heritage is important because it constitutes what has been called a ‘time capsule’—meaning everything on a site may well be as it was when it disappeared beneath the water’s surface. It may be the wreck of a ship, the remains of a town, or a prehistoric settlement where land has subsided. There is general agreement that what remains is important to humanity. As such, protection and preservation of the underwater cultural heritage is a significant objective of the international legal system. The UNESCO Convention of 2001 is illustrative of this. However, the Convention exists within the international political and legal framework. In negotiating it, States were constrained by what they felt this framework required. Many were prepared to be generous in how they interpreted those requirements—others not so. The result is a complex agreement requiring care in implementation.

New waves for old rights? Women’s mobilization and bodily rights in Turkey and Norway

2016 ◽  
Vol 24 (1) ◽  
pp. 23-38 ◽  
Author(s):  
Sevil Sümer ◽  
Hande Eslen-Ziya
Keyword(s):  
Comparative Analysis ◽  
Women's Movements ◽  
Political Agenda ◽  
The Political ◽  
Citizenship Rights ◽  
Neoliberal Policies ◽  
Gender Policies ◽  
Definition Of ◽  
The Right

This article focuses on the resurgence of women’s movements in Turkey and Norway against the backdrop of their historical trajectories and wider gender policies. Throughout the 2010s, both countries witnessed a similar set of conservative and neoliberal policies that intervened in women’s bodily rights. In both countries, women’s movements responded with mass mobilizations and influenced the political agenda. The proposed restrictions on abortion were interpreted as a restriction on women’s basic bodily rights in both countries. This article argues that a feminist, multidimensional reconceptualization of the concept of citizenship and a definition of abortion as an element of women’s bodily citizenship rights are useful to promote a strong and encompassing argument for mobilization. The comparative analysis shows that the right to control one’s own body has been a unifying issue for women’s movements in Turkey and Norway which are gradually becoming more inclusive.

scholarly journals Koncepcja polityczności Chantal Mouffe a poststrukturalizm w filozofii interpretacji prawniczej

2021 ◽  
Vol 43 (2) ◽  
pp. 273-279
Author(s):  
Jakub Łakomy
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Legal System ◽  
Political System ◽  
The Political ◽  
Legal Interpretation ◽  
The Third ◽  
Stanley Fish ◽  
Agonistic Democracy ◽  
Definition Of

The present article deals with the political nature of the interpretation theory, using poststructuralism as a source of reflection. The analysis is conducted by using poststructuralist epistemology and poststructuralist political theory. The thesis of this article, which is metatheoretical in nature, is that the poststructuralist concepts of legal interpretation can be used only after simultaneously adopting the assumptions of the political philosophy which originated in poststructuralism. Chantal Mouffe’s concept of the political is very much tied to considerations about agonistic democracy and agonistic pluralism, which gives us original answers to the questions of how society, the political system, and the legal system can help us prevent the emergence and flourishing of authoritarianism. The first part of the text presents the poststructuralist definition of the political and politics as well as shows its importance for the analysis of the contemporary legal interpretation concepts. In the next part, the author discusses the topic of poststructuralism in jurisprudence and its most important features for a change in the discourse of philosophy of interpretation. The third part of the article examines poststructuralist anti-essentialism using the example of one from among the most famous neopragmatist and poststructuralist philosophers — Stanley Fish. In the fourth and last part of the considerations, the thesis about the necessity of joint use of poststructuralist epistemology and political theory for research on legal interpretation is verified and metatheoretical conclusions are drawn from it.

Gesetzliche Krankenversicherung zwischen Wettbewerb und Systemverantwortung

2019 ◽  
Vol 68 (6-7) ◽  
pp. 575-584
Author(s):  
Doris Pfeiffer
Keyword(s):  
Price Competition ◽  
Legal Framework ◽  
Gesetzliche Krankenversicherung ◽  
Political Agenda ◽  
The Political ◽  
Freedom Of Choice ◽  
Selective Contracting ◽  
Health Care Structure ◽  
Care Structure ◽  
Definition Of

Zusammenfassung Die Diskussion über die Chancen und Grenzen des Wettbewerbs als gesundheitspolitisches Steuerungsparadigma wird seit der Einführung des freien Kassenwahlrechts mit dem Gesundheitsstrukturgesetz von 1992 geführt. Während die derzeitigen gesetzlichen Rahmenbedingungen für einen intensiven Preiswettbewerb sorgen, wurde das Potential des Qualitätswettbewerbs durch selektivvertragliche Gestaltungsoptionen gesetzgeberisch noch nicht ausgeschöpft. Wichtige Aufgaben bei der Festlegung des Wettbewerbsrahmens hat der Gesetzgeber der sozialen und gemeinsamen Selbstverwaltung übertragen. Gerade in den letzten Jahren wurden die Kompetenzen der Selbstverwaltung allerdings wesentlich geschwächt. Mit der Digitalisierung eröffnet sich die Chance, neue wettbewerbliche Gestaltungsmöglichkeiten zu erschließen. Dafür braucht es eine Selbstverwaltung, die ihre Systemverantwortung mit gestärkten Verantwortlichkeiten wahrnehmen kann. Abstract The opportunities and limits of competition as a governance paradigm for health policy have been on the political agenda since the introduction of the freedom of choice for insurees between statutory health funds with the Health Care Structure Act of 1992. While the current legal framework ensures inten­sive price competition, competition on quality in the area of selective contracting is still far behind its potential. Important tasks in the definition of the competition framework have been given to the institutions of self-government. However, in recent years the competency of self-government has been significantly weakened. Digitalization opens up the opportunity to develop new ­options for competition. This requires that the opportunities of self-government to shape competition are strengthened.

scholarly journals «Eurasia» in the Political Discourse in Russia, China and the US: a Comparative Analysis

2017 ◽  
Vol 4 (3) ◽  
pp. 100-104
Author(s):  
D Weijing
Keyword(s):  
Comparative Analysis ◽  
Regional Integration ◽  
Political Discourse ◽  
The Political ◽  
Mutual Understanding ◽  
The Us ◽  
Soviet Space ◽  
Eurasian Region ◽  
Post Soviet Space

This article compares the use of «Eurasia» in the realms of diplomacy and academia in Russia, China and the US. We pay additional attention to initiatives on regional integration in the Eurasian region. Clarification of this important term is of significance for the mutual understanding of the participants under cooperation in Eurasia and the development of Eurasian integration processes. Keywords: Eurasia, post-soviet space, Russia, China, USA, eurasian integration.

scholarly journals Rethinking International Legal Narrative Concerning Nineteenth Century China: Seeking China’s Intellectual Connection to International Law

2018 ◽  
Vol 4 (1) ◽  
pp. 1-21
Author(s):  
Xiaoshi Zhang
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Legal System ◽  
Legal Framework ◽  
International Governance ◽  
Future Outlook ◽  
Legal Studies ◽  
Nation States ◽  
International Legal System ◽  
Tributary System

Abstract The standard of civilization is haunting international legal studies. The problem remains whether the non-Western traditions are legitimate sources for international governance. Although legal scholars sometimes approach international law from different perspectives or from a particular experience, at last, they are still writing about one international law that are supposed to apply to all nation-states without differentiation. The future outlook of international law partly depends on if there are real and lasting Asian intellectual connections with international law and whether the Asian inspirations could find their expression in the existing international legal framework. After exploring the existing discourse on China’s reception of international law in the nineteenth century, the paper suggests that Qing China’s statesmen had a vision for co-existence of international legal system and the China oriented tributary system.

scholarly journals Financial Regulation: Still Unsettled a Decade After the Crisis

2019 ◽  
Vol 33 (1) ◽  
pp. 61-80 ◽  
Author(s):  
Daniel K. Tarullo
Keyword(s):  
Financial Stability ◽  
Financial Regulation ◽  
Legal Framework ◽  
Regulatory Framework ◽  
The Political ◽  
Shadow Banking ◽  
Unfinished Business ◽  
Short Term ◽  
The Us ◽  
The Moment

A decade after the darkest moments of the financial crisis, both the US financial system and the legal framework for its regulation are still in flux. The post-crisis regulatory framework has made systemically important banks much more resilient. They are substantially better capitalized and less dependent on runnable short-term funding. But the current regulatory framework does not deal effectively with threats to financial stability outside the perimeter of regulated banking organizations, notably from forms of shadow banking. Moreover, with the political tide having for the moment turned decisively toward deregulation, there is some question whether the resiliency improvements of the largest banks will be preserved. This article assesses the accomplishments, unfinished business, and outstanding issues in the post-crisis approach to prudential regulation.

scholarly journals Definition of the concept of «state-legal system» in the Russian scientific turnover (on the example of the US development during the Civil war)

2019 ◽  
Vol 2019 (2) ◽  
pp. 47-52
Author(s):  
Наталья Латыпова ◽  
Natalia Latypova
Keyword(s):  
Civil War ◽  
Legal System ◽  
Modern Science ◽  
The State ◽  
Russian Scientific ◽  
Depth Analysis ◽  
The Us ◽  
Close Relationship ◽  
History Of ◽  
Definition Of

The article is devoted to the analysis of the concept of state-legal system. The author argues the need for the introduction of this category in the domestic scientific circulation and the relevance of this problem for the modern science of the history of state and law. On the example of the U.S. development during the Civil war, the author demonstrates that the Union of two elements: the state and the legal system is due to their historically close relationship. The article argues that the introduction of the concept of «state-legal system» into scientific use will allow to describe the integral theoretical and legal phenomenon uniting in a broad sense the political and legal spheres of society. On the basis of the conducted in-depth analysis of the theoretical material the author proposes the author’s definition of the concept of the state-legal system.

scholarly journals Political Leadership for Crisis Management: A Comparative Case Study of Asian Leaders

2019 ◽  
Vol 3 (2) ◽  
pp. 82
Author(s):  
Seungho Jeong
Keyword(s):  
Comparative Analysis ◽  
Crisis Management ◽  
Political Leadership ◽  
Comparative Case Study ◽  
The Political ◽  
Asian Countries ◽  
Asian Values ◽  
National Crisis ◽  
Key Concepts

<p><em>This study looks at the comparative analysis of the political leadership and thoughts of two Asian leaders. There are different thoughts and political approaches attributed to Lee Kuan Yew and Kim Dae-Jung. Some of the key concepts include political leadership, Asian values, and democracy in Asia. The qualitative analysis of different resources revealed and proved several theories and views of Lee Kuan Yew and Kim Dae-Jung. It establishes different thoughts and political leadership of the two leaders, a scenario that can help future leaders to align the policies that can enhance, social, political and economic development in different Asian countries. This study also establishes the importance of their different view on Asian values and how did they overcome the national crisis. Although Lee Kuan Yew and Kim Dae-Jung had different opinions on Asian Values, both work positively towards the development of their countries.</em></p>

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