Hurting Pockets: A Case Study of Peru’s Legal Obligations in Transparency and Justification of Public Expenditure in State Advertising

ICL Journal ◽  
2020 ◽  
Vol 14 (3) ◽  
pp. 327-354
Author(s):  
Andres Calderon ◽  
Adriana Ascue ◽  
Eduardo Dibos

AbstractPublic procurement of advertising is a matter of constant debate in many countries around the world. At one point in Peru, during 2018, hiring private media outlets to broadcast or publish state advertising was prohibited by law. Taking into account the ensuing controversy in Peru, this study assesses state advertising investment in the South American country, and examines whether certain public entities (government ministries) have complied with the obligations of justification, transparency and prohibitions provided for by the law that regulates state advertising. The findings of this study point to a worrying level of noncompliance. We display these results in a systematized manner and complement them with a qualitative analysis of the justification given by public entities for spending on advertising, as well as the accountability they provide (or should provide) ex-post. This baseline study is essential to identify possible failings in the regulation of public procurement of advertising, as well as the bad practices of the state when budgeting for public expenditure on advertising campaigns. While the case study is based on the Peruvian experience, the findings can be used in many other jurisdictions as a roadmap for avoiding certain shortcomings in the regulation of state advertising.

2017 ◽  
Vol 13 (1) ◽  
pp. 70-93 ◽  
Author(s):  
Ñusta Carranza Ko

Research on migration has often characterized migration and the state as being in conflict. International migration does present some challenges to the state in accommodating migrants that bring with them various cultural and social identities. Nonetheless, not all migration experiences can be generalized in dichotomous terms. In this sense, the case of the first South American country to elect a president of Japanese origin and to regard a Chinese migrant-owned supermarket chain as representative of the state’s business model merits closer examination. The experience of Chinese and Japanese migrants in Peru contributes to the literature on transnational migration that regards migrants as both recipients of change and agents that influence a state’s national identity. Through measures such as common language acquisition and the adoption of new cultural traditions, Chinese and Japanese migrants were integrated into Peru and thus influenced some changes in the state’s national identity in a less conflictive way.外来移民给移入国带来不同的文化和社会认同,从而带来一系列挑战。故在现有移民研究中,移民和移入国常被认为处于冲突状态。然而并非所有移民都与移入国文化对立。本文将日裔移民首次当选拉丁美洲国家总统及中国连锁超市成为移入国商业模范作为案例,对此观点进行阐述。本文指出,秘鲁的中国和日本移民在被移入国改变的同时,也影响了移入国的国家认同。中国及日本移民通过语言习得和文化适应融入秘鲁社会,进而通过较为平和的方式给秘鲁的国家认同带来了影响。This article is in English.


2021 ◽  
Author(s):  
Gurmeet Kaur ◽  
Victor Cardenes

<p>The initiative of designating the natural stones as Global Heritage Stones Resource by the IUGS is a novel one. The stakeholders are all those countries which record the stone built monuments of cultural significance. The stones used in the monuments with unique geological and architectural attributes and which have been used in the historical past with surviving and/or extinct quarries are being considered for designation of GHSRs. The European nations have been quick in identifying such stones and have proposed many significant stones for designation of GHSR in stark contrast to African, Asian and South American nations which are underrepresented on the world map in terms of designation of GHSR. The need of the hour is to promote the idea to all the nations to come up with the documentation of the stones used in the monuments, the state of preservation of historical quarries, the record and strategy for the upkeep of monuments and the historical quarries. The Project ‘The HERITAGE STONES RECOGNITION: A STEP FORWARD (HerSTONES)’ has been recently granted by IGCP-UNESCO to promote heritage Stones from emerging countries.</p>


NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.


Author(s):  
Lorenzo Munari

An overview of the major zoogeographical gaps in our knowledge of the world beach flies (subfamilies Apetaeninae, Horaismopterinae, Pelomyiinae, and Tethininae) is provided. The identified areas treated in this work are as follows: the subarctic Beringia, the South American circum-Antarctic islands, the Neotropical Region south of the equator, most of the West African seacoasts, the huge area ranging from India, across the Bay of Bengal, to Sumatra and Java, and most of Australia. Apart from the inhospitable northernmost and southernmost areas of the planet, which feature a real very low biodiversity, the remaining vast areas dealt with in this work woefully suffer a dramatic paucity of field collections, as well as of previously collected materials preserved in scientific institutions. This might seem a truism that, however, must be emphasized in order to unequivocally identify the geographic areas that need to be further investigated


2020 ◽  
Author(s):  
Renato Rodrigues Silva ◽  
Wisley Donizetti Velasco ◽  
Wanderson da Silva Marques ◽  
Carlos Augusto Gonçalves Tibiriçá

AbstractThe outbreak of COVID 19 has been provoking several problems to the health system around the world. One of the concerning is the crash of the health system due to the increasing demand suddenly. To avoid it, knowing the total number and daily new cases is crucial. In this study, we fitted curves growth models using a Bayesian approach. We extracted information obtained from some countries to build the prior distribution of the model. The total number of cases of the COVID 19 in the state of Goias was analyzed. Results from analysis indicated that the date of the outbreak peak is between 51 and 68 days after the beginning. Moreover, the total number of cases is around 3180 cases. The analysis did not take into consideration possibles changes in government control measures. We hope this study can provide some valuable information to public health management.


2021 ◽  
Vol 10 ◽  
pp. 636-647
Author(s):  
Daniyar Sarsembayev ◽  

This article is an attempt to explain a new way of the cause of the emergence of the state with simultaneous consideration of previously known theories in legal science. Several arguments are presented in favor of the new theory, which, in the author's opinion, are sufficiently valid. The author analyzes the dynamics of the development of the causes of the emergence of state and law and its influence on the transformation of the latest civilizations, which took place in history. Based on the historical chronology of the emergence and functioning of money, the author conventionally differs three stages in its development: 1) the period of the gold standard or a chronic shortage of monetary liquidity; 2) the period of paper money and inflationary pressure; 3) the digital money period. The author upholds a new position regarding the essence of international law, believing that international law is not a separate system of law, but only the result of the evolution of law from national to international, which became possible thanks to the development of the institution of money. The author shares his thoughts on the true reason for justifying the state's right to war in international law a while back, expressed in a persistent shortage of monetary liquidity, which took place from the moment the first civilizations appeared until the 20th century. This article establishes a projection for the further development of state and law, including international law, alongside the inevitable transition of the world community to the digital money supply. The article reveals not only the vision of the new monetary system, its absolute transparency, and clarity but also the various opportunities we face in such a transition. In this regard, the states and the world community will come to clear and effective outcomes in management, to the practical abolition of corruption and economic crime, to legal methods of conducting all competitions and public procurement, to fair and effective justice, and the establishment of highly moral relations in society.


Author(s):  
Stefanie Van de Peer

The first case study deals with the ‘mother’ of Egyptian documentary making Ateyyat el Abnoudy, and traces her career as a lawyer, journalist and filmmaker. As a pioneer of politically engaged and socially preoccupied documentary, she has influenced many young female filmmakers. Since the early seventies, her films, both short and feature length, have been celebrated throughout the world at festivals and retrospectives, but remain controversial in Egypt itself. This case study looks in detail at her early short films, Horse of Mud (1971), Sad Song of Touha (1972) and The Sandwich (1975), as well as feature length documentaries Permissible Dreams (1982), Responsible Women (1994) and Days of Democracy (1996). Dealing with the lower classes, women’s issues, education and illiteracy among women, their personal status and their political situation in Egypt, the films reflect a concern with the subaltern woman. The filmmaker’s concern with the subaltern woman stems from an intellectual preoccupation with inequality and a professional insight into the unwillingness of the state to deal with women’s problems.


1987 ◽  
Vol 29 (4) ◽  
pp. 41-68 ◽  
Author(s):  
Patrice Franko-Jones

In Less than Twenty Years Brazil has become one of the ten largest exporters of conventional armaments in the world. How the Brazilian armaments industry has achieved such success offers a rich case study of an effective division of labor between state and firm. With the state acting as technological agent and ambassador to external markets, the firms have become innovators of internationally competitive armaments systems. Rather than being forced, by military control, to produce highly sophisticated weapons systems, Brazilian defense firms receive support to develop products which cater to an international demand for those conventional armaments which occupy a niche just below the technological frontier defined by the superpowers.


2020 ◽  
pp. 278-286
Author(s):  
GVANTSA SISOSHVILI

The spread of the new coronavirus in the world, including in Georgia, had a significant negative impact on both public and private organizations, which has affected the public procurement process in the country. Georgia has spent a large amount of money to deal with the virus. As a result, administrative costs have been reduced in order to finance the 2020 state budget deficit - 57 million GEL for labor costs and 107 million GEL for goods and services. It should be noted that 195 million GEL is used on arranging quarantine spaces and other additional health care costs while 1.31 billion GEL is provided for goods and services. During the pandemic, demand from the state increased significantly in the health sector, while declining in other areas, many planned purchases were canceled, tenders were not held, were suspended or their announcement was delayed. This has affected companies whose major activities include state orders. Also rising inflation and currency devaluation have made goods and services more expensive. Consequently, complex problems arose for the entities participating in public procurement, namely: - From the moment the first case of the virus was reported in Georgia, it became mandatory for public and private organizations to follow the recommendations of the World Health Organization and the National Center for Disease Control and Public Health. So, large amount of money was spent on hygiene, disinfection and other means of protecting against the virus to ensure the safety of customers and employees. - Some public and private organizations continued to work remotely, for which they incurred additional costs for equipping employees at home (with computer or other technological resources). Other organizations, which were not prohibited the operation, funded the transportation of staff to the workplace, because of emergency was declared and public transport was restricted. - In order to free up financial resources, procurement organizations have restricted the announcement of planned tenders. Even the winner had already been identified or the bidder had been invited to sign the contract. At the same time, according to the Unified Public Procurement Electronic System a number of tenders have been suspended, including largescale infrastructure projects, most of which were in the selection stage or successful bidder was revealed and invited to sign the contract. - Due to the global pandemic, most companies failed to meet their contractual obligations on time. Contract authorities change the terms of the contract, including increased delivery time and services. In the case of infrastructure projects, based on the decree of the Government of Georgia, contract authorities were given the right to increase the contract value by 10% -20% in order to finance the increase of supplier costs on construction materials - Amendments were made to the legislation governing public procurement. For example, Procurement of goods and services under the many of CPV codes were restricted to contract authorities without the consent of the Government of Georgia. In the original version of the resolution, only 30 out of 200 codes were restricted, and from April 1, 2020, the number of restricted CPV codes has increased to 160. There are number of classified goods and services, whose purchase does not require government consent: agricultural and food products, outerwear, pharmaceutical products, miscellaneous transport equipment and spare parts, Works for complete or part construction and civil engineering work, laboratory services, refuse and waste related services. Because agreement with the government and electronic procedures takes a long time, procurement organizations were forced to purchase goods and services through a simplified procurement in the case of urgent necessity. This means that in accordance with the law, the contract authorities directly signed a contract with the company and after agreed with the State Procurement Agency. Therefore, it is necessary to analyze the additional costs incurred in the field of public procurement due to the coronavirus to make predictions about the procurement process for the next year.


Author(s):  
Igor Savenko ◽  
◽  
Kateryna Manuilova ◽  
Kateryna Kolesnikova ◽  
◽  
...  

Solving the problem of overcoming corruption is the main task of all countries of the world and Ukraine. After all, corruption is the most dangerous phenomenon in the sociopolitical life of any state. Total corruption destroys the foundations of statehood: national security; constitutional and other normative-legal bases of regulation of public life of the state. In a broad sense, the concept of "corruption" involves a complex process (phenomenon) that manifests itself in various forms of public, political and private relations. Corruption has a destructive effect on the state's economy, the functioning of public authorities and the development of the state as a whole. Today it is safe to say that no country in the world has completely overcome corruption. Finding effective means to combat corruption is a key issue for all countries of the world and for our country in particular. The issue of overcoming corruption in public procurement is becoming especially relevant in the modern world. Work to combat corruption in Ukraine should be comprehensive and requires harmonization of Ukrainian public procurement legislation, as well as further development of a program of structural reforms in the justice sector, education, e-government, economic and political spheres, but also the political will of the current Ukrainian government.


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