FOUR. National Command Authority and the Decisionmaking Process

2020 ◽  
pp. 77-112
1984 ◽  
Vol 16 (1-2) ◽  
pp. 51-77 ◽  
Author(s):  
M Knoester ◽  
J Visser ◽  
B A Bannink ◽  
C J Colijn ◽  
W P A Broeders

In the planning of the Delta-works, carried out in the Southwestern Netherlands, the Eastern Scheldt was the largest and therefore last tidal basin to be fully closed mainly to protect the area from floods. Increased recognition for the natural value of estuaries and a strong lobby from nature conservationists and shellfish producers led to a reconsideration of original plans, confirmed by a series of governmental decisions. Per consequence execution of the present plans will result in a storm-surge barrier at the entrance of the tidal basin together with two partitioning dams, separating the (reduced) tidal Eastern Scheldt from a new freshwater lake. Attention is paid to the present values in the Eastern Scheldt and briefly to changes involved by the project. The decisionmaking process is described and discussed: In the course of the project the majority of decisions taken were prepared by teams of ecologists, civil engineers, hydrologists and financial experts using policy-analysis methods. For guidance of developments in the influenced area the local government accepted a policy plan, in which human uses are regulated. Operations of the barrier are designed such that safety from flooding is guaranteed, while adverse effects for the tidal ecosystems are minimized.


2019 ◽  
Vol 70 (2) ◽  
pp. 203-219
Author(s):  
Omar Madhloom

English criminal law appears reluctant to criminalise deceptive sexual behaviour. It currently does so only in circumstances where the defendant has actively lied to the complainant regarding a fact recognised by law as crucial to consent. This restrictive approach arguably fails in many cases to protect the complainant’s sexual autonomy. The central argument presented in this article is that all forms of deception, including non-disclosure, a false promise and mistake as to a material fact, may distort the complainant’s decisionmaking process and undermine her ability to make an informed choice. A material fact is one which plays a significant role in a person’s decision to engage in sex. This article advocates that the law of rape should be widened to include mistake on the part of the complainant and non-disclosure by the defendant.


1999 ◽  
Vol 69 (3) ◽  
pp. 320-336 ◽  
Author(s):  
Montse Sanchez Aroca

In this article, Montse Sánchez Aroca describes the philosophy, activities, and achievments of La Verneda-Sant Martí, a school for adults in Barcelona, Spain, where Sánchez has taught for ten years. Started as a grassroots project, La Verneda is exceptional as a school for adult education because of the level of involvement of the adults and the democratic process by which students (who refer to themselves as participants), teachers, volunteers, and community members take part in the school's decisionmaking process. Learning and creating are the responsibility of and for the benefit of the entire school community. This is accomplished through egalitarian dialogue, in which everything is discussed and decided collectively; there is no hierarchy in the school's structure. Sánchez illustrates why people in La Verneda say that the school is the realization of a dream. As an example, she describes how students with little formal schooling organize literary circles where they read books by authors such as James Joyce, and invite the best writers in the country to their gatherings. They also create associations that make their voices heard at the educational policymaking level. Some of the students at La Verneda go on to receive university degrees and become highly qualified professionals. Sánchez's descriptions and examples clearly present La Verneda as an example of an emancipatory school for adult education.


2005 ◽  
Vol 34 (2) ◽  
pp. 573-598 ◽  
Author(s):  
France Houle

Official notice allows members of administrative tribunals to take into account on their own motion a large scope of information in the decisionmaking process. With this rule of evidence, it is possible to reach a double objective of fairness and expeditiousness. In this article, the author examines the rule of evidence. She also studies the practice of the Convention Refugee Determination Division of taking official notice of « standardized country files ». These files compile information on conditions prevailing in refugee-producing countries. This study is important because the content of these files can be used to determine whether each of the 20 000 and more claimants for refugee status in Canada has a well-founded fear of persecution. The author concludes that standardized country files can be officially noticed as long as the Convention Refugee Determination Division discloses the information in conformity with the rules of natural justice.


2001 ◽  
Vol 4 (2) ◽  
pp. 344-358
Author(s):  
J. H. Mostert ◽  
S. J. Steel ◽  
F. J. Mostert

In the long-term insurance industry, sound financial investment decisions depend largely on the portfolio management practices of the investment practitioners concerned. The ability of the investment practitioners to make well-informed decisions, as well as the strategies and policies underlying portfolio management practices, are the main issues of this research. Important correlations amongst various aspects of the financial investment decisionmaking process, as well as their association with the general information pertaining to the long-term insurers (which were disclosed during the empirical study), emerge in the closing section of this paper. The conclusions should be of prime interest to long-term insurers as well as investment practitioners who are working in that industry.


1978 ◽  
Vol 10 (1) ◽  
pp. 81-92 ◽  
Author(s):  
C Jones ◽  
S Gudjonsson ◽  
J Parry Lewis

This paper examines the sequential nature of the residential-mobility decisionmaking process. Initially a model of household tenure mobility is considered, consisting of two stages, the decision to move and the choice of tenure; ultimately this assumption is relaxed. Multiple discriminant analysis is used to distinguish between the different groups of households, between movers and nonmovers, and between different tenures, on the basis of a set of variables describing the socioeconomic characteristics of the household. Life-style and demographic factors are shown to influence more the tenure moved to than the decision to move. And although various factors appear to influence the mobility decision in the different tenures, the age of the household is generally found to be the most important discriminator.


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