The Role of the State in the Exercise of Transnational Public and Private Authority over Labour Standards

2020 ◽  
Vol 17 (1) ◽  
pp. 41-74
Author(s):  
Janelle M. Diller
Keyword(s):  
Equal Opportunity ◽  
Well Being ◽  
The State ◽  
Common Interest ◽  
International Governance ◽  
Decent Work ◽  
Public And Private ◽  
Collective Interest ◽  
Private Authority ◽  
Labour Standards

Interdependence among States in an era of globalization exacerbates the increasing emphasis on competing claims of national interest in the global arena. Rising nationalism is a symptom of the weakness of conception of transnational governance that insufficiently coordinates public and private interactions across multiple systems of governance which overlap on matters of common interest such as labour standards. The State-centric system of world governance lacks effective structures to bridge the gap between transnational labour governance (‘TLG’) and national, interstate, and international governance. However, emerging evidence suggests that the State is capable of facilitating inclusive and consensual action with non-state bodies of collective interest at national and transnational levels that helps connect TLG with national and international governance. This review compares differing degrees and methods of State action in selected TLG prototypes and their outcomes relevant to public and private policy choices affecting decent work and equal opportunity for well-being. Particular focus is placed on the State’s role in attributing private authority to non-state bodies of collective interest, facilitating consensual decision-making and regulatory action, aligning TLG with international norms and relevant national law and institutions, and cooperating in TLG with other States, including with or through international organizations. Challenges to effective TLG, such as opting-out, competing structures, and difficulty in leveraging short-term initiatives for longer-term capacity, are examined within the context of the legitimacy and coherence of TLG systems and across phases of governance, including agenda setting, norm development, implementation, oversight, evaluation, correction and revision. Preliminary conclusions call for further theoretical and empirical research to evaluate factors that influence such innovations and the extent to which they lead to durable and effective TLG within and across States that advances decent work and equal opportunity for well-being in globalized markets.

Eckstein and the Study of Private Governments

1998 ◽  
Vol 31 (4) ◽  
pp. 444-463
Author(s):  
RONALD ROGOWSKI
Keyword(s):  
General Theory ◽  
Nongovernmental Organizations ◽  
The State ◽  
Public And Private ◽  
Private Authority ◽  
Authority Relations ◽  
The Way ◽  
Capitalist Firms ◽  
Authority Structures

Harry Eckstein's Theory of Stable Democracy briefly revolutionized thinking about authority structures in nongovernmental organizations but has left little lasting mark. Indeed, the theory failed as an account of stable democracy but, by emphasizing correctly the commonalities between public and private authority, it pointed the way to a general theory of authority in organizations. Such a theory is now emerging, chiefly from work on authority in capitalist firms. It is time for students of politics again to look beyond the state, as Eckstein argued, to the much wider universe of authority relations.

OTTOMAN URBAN PRIVACY IN LIGHT OF DISASTER RECOVERY

2011 ◽  
Vol 43 (3) ◽  
pp. 513-528 ◽  
Author(s):  
Yaron Ayalon
Keyword(s):  
Ottoman Empire ◽  
Urban Areas ◽  
Disaster Recovery ◽  
Well Being ◽  
The State ◽  
Religious Values ◽  
Public And Private ◽  
State And Society ◽  
Provincial Capital ◽  
The Relationship

AbstractThis article examines the relationship between state and society in the Ottoman Empire during the 17th and 18th centuries by examining concepts and practices of privacy. Fatwas of Ottoman jurists reveal certain principles ordering the division of urban areas into public and private spaces. The article explores their application during the rebuilding of Damascus after its devastation by an earthquake in 1759. Archival sources disclose the priorities that guided the state in reconstructing a ruined provincial capital: religious values; a concern for the inhabitants’ well-being; and, rather prominently, an intent to maintain a dichotomy between public and private. In this the Ottomans were different from their contemporary European counterparts, who often took advantage of major disasters to reshape relations between rulers and subjects. This divergence is demonstrated in this article by comparing post-1759 Damascus with London after the Great Fire of 1666 and Lisbon after the 1755 earthquake.

scholarly journals Current Aspects of Legal Personality in the Framework of Mega-Science Projects

Lex Russica ◽  
2020 ◽  
pp. 137-145
Author(s):  
E. N. Gorlova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Common Interest ◽  
Public And Private ◽  
Legal Personality ◽  
Science Projects ◽  
Role Of The State ◽  
Management Contract ◽  
Scientific Collaborations ◽  
Legal Entities

The paper deals with the rights and obligations of participants of mega-science projects in relation to individual projects that are being implemented or are being prepared for implementation. Particular attention is given to the role of the state in organizing the work of unique scientific installations of the mega-science class and the interaction of various subjects of scientific collaborations. It is proved that in the process of scientific collaborations functioning various aspects of the personality of the collaborations themselves become up to date. Their individual elements, in particular the freedom of entry into mega-science projects and legal confirmation of the rights and duties of subjects, the combination of public and private interests when performing activities within the framework of scientific collaborations become of importance as well. Currently, states participate in mega-science projects through the transfer of significant public powers to specially established non-profit organizations — state corporations, as well as through the establishment of international intergovernmental research organizations with the rights of legal entities. The legal personality of public and private subjects of mega-science projects, which is formed by a regulatory act or contract, indicates a strict framework for proper and possible behavior and creates the need to use coordination tools based on the principles of reciprocity and common interests of participants. The paper examines the practice of legal regulation of interaction between the state and private entities when creating mega-science projects in Brazil, where legal entities responsible for the creation of the project are recognized by law as a subject with public responsibilities, and are subject to state authorities on the basis of the so-called management contract. The parties to such agreements do not have opposite interests, their interests coincide and are aimed at achieving public goals. Through these agreements, different entities structure their obligations and rights in the common interest and benefit from each other, provided that they effectively perform the actions stipulated in the agreement. The organization that has concluded such a contract is obliged to properly perform the tasks assigned to it. To the extent that it performs these actions properly, it will have the right to demand that the state perform its respective duties. Therefore, the management contract allows changing the structure of legal personality not only of individuals, but also of the state.

scholarly journals REGIONAL FEATURES OF FORMING HUMAN POTENTIAL OF CHERNIVTSI REGION

2017 ◽  
pp. 12-18
Author(s):  
Ya. Oliynyk ◽  
T. Kurysh
Keyword(s):  
Human Development ◽  
Human Development Index ◽  
Well Being ◽  
The State ◽  
Human Potential ◽  
Decent Work ◽  
Development Index ◽  
Regional Features ◽  
Maximum Value ◽  
Index Value

The research of regional peculiarities of formation of human potential of Chernivtsi region is carried out, factors and factors influencing the formation of human capital are singled out. On the basis of the current methodology presented in the draft of resolution of the Cabinet of Ministers of Ukraine (“Some issues of improving the system for monitoring and evaluating the effectiveness of the implementation of the state regional policy”), the calculation of the regional human development index of Chernivtsi region for 2012-2016, analysis and monitoring of changes in its in the given region. The integral index of regional human development is calculated as the sum of indices for seven key indicators covering three directions: long and healthy life, well-being and decent work and education. Having analyzed the index of human development of Chernivtsi region for 5 years it is possible to separate certain features of the change of indicator: - the highest index has reached the index in 2014 -0,901, and the lowest – in 2016-0,793; - by 2016 Ukraine occupies 84th place in the country’s ranking on the Human Development Index and is estimated as 0.743, i.e., in Chernivtsi region, the index for 2016 is higher than the total Ukrainian; - The graph of the Human Development Index of the Chernivtsi Oblast has a hump-like appearance; from 2012 to 2013 there was a gradual decline in the index, after which the index from 2013 to 2014 reached its maximum value from 2014-2016 due to the economic crisis and the difficult economic situation in the state. The index has decreased by 13.6% from the value in 2014. The main indicator that influenced the index value is the general coefficient of growth (reduction) of the population, therefore the best situation for this indicator was in 2012, and the worst in 2016. But in 2014, this indicator is 0.870 and there is no significant effect on the index decrease, so the index in this year is very high, besides, all indicators except the number of dead from intentional self-harm and the volume of expenditures of local budgets are above 0.9, and the volume of expenditures of local budgets is less important due to the increase of the exchange rate, as this particular indicator in 2016 has a maximum value. One of the main problems of human development in the Chernivtsi region and in Ukraine as a whole is the uncertainty of the strategy and tactics of social policy, which would have an impact on the main tasks at both the state and regional levels, with the definition of their peculiarities regarding the formation of demographic policy, employment , increase of wages of workers, regulation of the labor market of educational services market, optimal reform of the health care system, introduction of mechanisms for providing social and household services for population etc. Taking into account regional features and socio-geographical conditions of development of Chernivtsi region, priority directions of development of the human potential of this region have been developed, aimed at increasing the competitiveness of the territory in the current conditions of reforming Ukrainian society.

scholarly journals COVID-19 and social services in Spain

PLoS ONE ◽  
2020 ◽  
Vol 15 (11) ◽  
pp. e0241538 ◽  
Author(s):  
Rocío Muñoz-Moreno ◽  
Alfonso Chaves-Montero ◽  
Aleix Morilla-Luchena ◽  
Octavio Vázquez-Aguado
Keyword(s):  
Social Services ◽  
Personal Development ◽  
Ad Hoc ◽  
Well Being ◽  
Vulnerable Population ◽  
The State ◽  
Public And Private ◽  
Health Crisis ◽  
The Face ◽  
The Impact

During the state of alarm declared in Spain by COVID-19 due to the pandemic, the country's authorities declared Social Services and their workers to be essential, considering that the activity of these professionals with the vulnerable population was crucial and that services should continue to be provided to guarantee the well-being of users in this exceptionally serious situation. This article analyzes the impact that the COVID-19 and the state of alarm has had on Spanish social service professionals. An ad hoc questionnaire was used, administered on-line, individually, voluntarily and anonymously to 560 professionals working in social services, both in the public and private sectors, based throughout Spain. This questionnaire has five different parts: socio-demographic profiling, impact that the health crisis has had on the practice of professional functions, degree of knowledge of the measures imposed to guarantee the protection and safety of professionals and users, impact that it has had on the professional and personal development of social services professionals and, the fifth and last part, degree of adaptation of the measures aimed at the care of the vulnerable population. These results are discussed based on the situation in which professionals working in this sector find themselves in the face of the changes they are experiencing in the development of their work, and we are able to determine the profile of the workers who have felt most affected by the situation, with the consequent and foreseeable mental and emotional affectation that this implies. These professionals tend to value more negatively the set of measures developed to mitigate the impact of COVID-19 on Spanish social services.

Agents of the State: A Century of Delegation in International Environmental Law

2013 ◽  
Author(s):  
Jessica F. Green
Keyword(s):  
Random Sample ◽  
Environmental Law ◽  
The State ◽  
Environmental Agreements ◽  
Multilateral Environmental Agreements ◽  
Public And Private ◽  
Specific Policy ◽  
Delegation Of Authority ◽  
Private Authority ◽  
Private Actors

This chapter examines a century of multilateral environmental agreements (MEAs) for acts of delegation to international organizations and to private actors. Theories of delegation suggest looking to the state as the likely engine of private authority. With more governing to do, states are enlisting others to help them through the delegation of authority. Drawing on a random sample of 152 multilateral environmental treaties, sampled from all extant multilateral treaties from 1857 to 2002, the chapter asks how often states delegate to private actors, and for what tasks. It shows that delegated authority in MEAs is indeed on the rise but not as a percentage of total governance activities. Instead, there is an overall increase in the amount of governance by both public and private actors. The data also show that states prefer to delegate specific policy functions: monitoring and implementation.

scholarly journals Decent Work as a Necessary Condition for Sustainable Well-Being. A Tale of Pi(i)gs and Farmers

2019 ◽  
Vol 11 (4) ◽  
pp. 1051 ◽  
Author(s):  
Antonio Ariza-Montes ◽  
Gabriele Giorgi ◽  
Felipe Hernández-Perlines ◽  
Javier Fiz-Perez
Keyword(s):  
Labor Market ◽  
Working Conditions ◽  
Systematic Approach ◽  
A Priori ◽  
Well Being ◽  
The State ◽  
Necessary Condition ◽  
Decent Work

This article analyzes with a holistic and systematic approach the state of working conditions in the European labor market after the crisis, as well as their effects on worker well-being. For this, a distinction will be made between the southern countries most affected, namely Portugal, Italy, Ireland, Greece, and Spain (Piigs), and the northern countries that are, a priori, less damaged by the crisis (Farmers). The samples integrate 7867 workers from the five Piigs countries (36.2%) and 13,894 from the 10 Farmers countries (63.8%). The results have broadly confirmed the research purposes and they established that ensuring well-being is the key to sustainability, growth, and success for workers, groups, and organizations.

Constitutional Framework of Wages and Social Insurance in Russia

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Найра Абузярова ◽  
Nayra Abuzyarova
Keyword(s):  
Low Income ◽  
Social Insurance ◽  
Work Organization ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Decent Work ◽  
Private Regulation ◽  
Public And Private ◽  
Social Partnership

In accordance with the author´s intention, and in accordance with the constitutional framework, the article analyzes the wages and social insurance in Russia, unjustified super differentiation in wages, which excludes financial participation of low-income workers in the compulsory social insurance, who should be included in the system of compulsory social insurance without any conditions and restrictions. The author analyzes the state of wages, the necessity of state regulation of wages, the basic state guarantee on wages — minimum wages and salaries in Russia, with the aim to determine the conceptual basis for legal regulation of the wages in Russia in the interests of its population, in particular, it is argued that consumer demand is the main and only engine of the market economy and it has to be moderately in advance of the production capabilities. The author draws the attention to the use of state and contractual regulation of labour, as it is objectively necessary and socially justified if public and private regulation of labor relations in the sphere of remuneration are correctly interrelated. The main purpose of contractual regulation of remuneration should be the improvement of the situation of workers on the basis of the agreement between the parties to social partnership. For its part, the state should not interfere with the balance and supply of labour in the labour market, the formation of a natural price for labour. According to the author, it is necessary to constitutionalize the concepts of “decent work” and “decent wages”, “compulsory social insurance”. “Decent work” and “decent wage” should be recognized at the constitutional level as the principles of work organization.

Doctoral Studies in Psychology in Spain

2003 ◽  
Vol 8 (1) ◽  
pp. 28-33
Author(s):  
Yolanda García Rodríguez
Keyword(s):  
Doctoral Programs ◽  
Legal Reform ◽  
The State ◽  
Teaching Program ◽  
Doctoral Studies ◽  
Public And Private ◽  
Teaching And Research ◽  
Doctoral Thesis ◽  
Critical Phase ◽  
The Individual

In Spain doctoral studies underwent a major legal reform in 1998. The new legislation has brought together the criteria, norms, rules, and study certificates in universities throughout the country, both public and private. A brief description is presented here of the planning and structuring of doctoral programs, which have two clearly differentiated periods: teaching and research. At the end of the 2-year teaching program, the individual and personal phase of preparing one's doctoral thesis commences. However, despite efforts by the state to regulate these studies and to achieve greater efficiency, critical judgment is in order as to whether the envisioned aims are being achieved, namely, that students successfully complete their doctoral studies. After this analysis, we make proposals for the future aimed mainly at the individual period during which the thesis is written, a critical phase in obtaining the doctor's degree. Not enough attention has been given to this in the existing legislation.

Clinical trials — the personal perspective of the research physician?

2020 ◽  
Vol 75 (3) ◽  
pp. 256-263
Author(s):  
Maria Y. Egorova ◽  
Irina A. Shuvalova ◽  
Olga I. Zvonareva ◽  
Igor D. Pimenov ◽  
Olga S. Kobyakova ◽  
...  
Keyword(s):  
Clinical Trials ◽  
Medical Care ◽  
New Technologies ◽  
Healthcare Providers ◽  
Study Drug ◽  
Well Being ◽  
Personal Perspective ◽  
Public And Private ◽  
Factors Affecting ◽  
To Receive

Background. The organization of clinical trials (CTs) requires the participation and coordination of healthcare providers, patients, public and private parties. Obstacles to the participation of any of these groups pose a risk of lowering the potential for the implementation of CTs. Researchers are a key human resource in conducting of CT. Their motivation for participation can have a significant impact on the recruitment and retention of patients, on the quality of the data collected, which determines the overall outcome of the study. Aims to assess the factors affecting the inclusion of Russian physicians-researchers in CT, and to determine their role in relations with patients-participants. Materials and methods. The study was organized as a part of the Russian multicenter face-to-face study. A survey was conducted of researchers from 10 cities of Russia (20172018). The participation in the survey for doctors was anonymous and voluntary. Results. The study involved 78 respondents. Most research doctors highly value the importance of research for science (4,84 0,39), society (4,67 0,46) and slightly lower for participating patients (4,44 0,61). The expectations of medical researchers are related to improving their financial situation and attaining new experience (n = 14; 18,18%). However, the opportunity to work with new technologies of treatment and diagnosis (n = 41; 52,56%) acted as a motivating factor. According to the questionnaire, the vast majority of research doctors (n = 29; 37,18%) believe that the main reason for patients to participate in CT is to receive quality and free medical care. The most significant obstacle to the inclusion of participants in CT was the side effects of the study drug (n = 38; 48,71%). Conclusions. The potential of clinical researchers in Russia is very high. The patient-participant acts for the research doctor as the subject of the study, and not the object, so the well-being of the patient is not indifferent to the doctor. However, the features of the functioning of our health care system form the motivation of doctors-researchers (additional earnings, professional self-development) and the way they perceive the motivation of patients (CT as an opportunity to receive quality medical care).

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