Migration, Poverty, the Role of State, (International) Law and Development in the Industrialised Countries of Europe

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Brian-Vincent Ikejiaku

Abstract The current radical strategies by which there is, on one hand, an increasing European assistance to developing poor countries of Africa/Middle East and on the other hand, tightened border-security within Europe as a means to reduce migration from the South; may worsen the state of poverty in Europe, particularly on the immigrants and impact on the workforce in Europe with implication on development. Though, these strategies may sound radically appealing, they are however, unlikely to reduce migration flows to Europe. While there is still a “wide development gap” between the poor countries of Africa/Middle East and industrialised countries of Europe, migration will often increase, at least in the next two-three decades. Radical border security in Europe will expose the migrants to human trafficking in different form and manifestation contrary to Article 3 UN Protocol on Trafficking in Person. The paper examines the role of the State and Law and development, in addressing the issues of poverty and migration within the industrialised countries of Europe. The research argues that there is the likelihood that poverty and human right issues will increase in Europe in the near-future, if the State/EU fails to play their role, by changing their policy direction and repositioning themselves by improving their Law and development stance. The research employs the human rights-based approach, interdisciplinary and critical-analytical perspective within the framework of international Law and development. It employs qualitative empirical evidence from developed countries of Europe and poor developing countries for analysis.

Author(s):  
Francis N. Botchway

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.


Author(s):  
Fox Hazel

This chapter addresses the State as the prime actor in the conduct of diplomacy and examines the State’s status as a legal person as defined by international law. To understand the role of the State in international affairs, it is essential to appreciate that it is both a maker and a subject of international law. It has been and continues to be instrumental in the formation of public international law. The chapter thus presents four topics to explain the nature and scope of the powers and activities of the State in international affairs. These are: the qualifications for statehood, recognition of the State as a member of the international community, the State compared to an international organization as a legal person and other entities having lesser rights in international law, and sovereignty as an attribute of the State.


Author(s):  
V.I. Semenova ◽  
◽  
M.F. Fridman ◽  

This article is devoted to the most important issue of ensuring an innovative breakthrough in socio-economic development in the conditions of information and economic confrontation. Today, humanity is entering an era of a fundamentally different system of social relations, values and meanings. The emergence of a multipolar world model increases the competition of developed countries, on the one hand, and weakens the role of the state in society, on the other. Economic sanctions significantly hinder innovative development, so the state, as one of the main social institutions, still needs qualitatively new, more productive, innovative solutions, the emergence and implementation of which is impossible without appropriate personnel: researchers, analysts, developers, managers and workers.


2020 ◽  
pp. 113-138
Author(s):  
D. Hugh Whittaker ◽  
Timothy J. Sturgeon ◽  
Toshie Okita ◽  
Tianbiao Zhu

Chapter 5 explores the ways in which less-developed countries experience the era-related effects of compressed development and try to cope with them. Chapter 4 compared late-developer Japan and compressed-developer China, but countries with poor or mixed records of economic development also face the opportunities and constraints of compression, and must do so with institutions, policies, and industries which emerged under prior conditions. Large-market less-developed countries such as Brazil, India, and even China face the era effects of compression, with legacies that are often poorly suited and sometimes antithetical to the demands of global value chains and technology ecosystems. Discontinuities and differences across sectors further complicate the role of the state in the era of compressed development.


2021 ◽  
Vol 7 (3) ◽  
pp. 168-173
Author(s):  
Evgeniy E. Tonkov ◽  
Natalya A. Kosolapova ◽  
Sergey Yu. Sumenkov ◽  
Yury A. Kondrashov ◽  
Yulia V. Aleksakhina

Now environmental protection is a priority in managing problems at the social, legal, economic, and political levels. The authors set the task based on the importance of the role of the state– to analyze the state policy of Russia and several foreign countries in the direction of environmental management. The research focus concerned the classification of the main policy areas of environmental management regulation and the identification of problems related to special state activities in this area. As a result of the study, the authors concluded that the terminology in the field of environmental management is insufficient elaboration, a generalized international law enforcement practice and an effective security mechanism are absent and there are many resulting contradictions related to the above in public policies in the field of environmental management at various levels.


Author(s):  
Anna Sapozhnikova ◽  
Evgeny Gaishun

The formation of the spectrum of global economic and political challenges for Russia is a factor in returning the issues of economic modernization to the public administration agenda, taking into account the current state and development trends of the country’s economy as a whole and its regions. As a research tool, the system method and the method of statistical observations are used. In Russia, the role of the state in regulating economic processes and its predominance in the structure of Russian economy remains significant. All this makes it necessary to consider the participation of the state in the process of modernization transformations. The article discusses the historical experience of modernization in developed countries with significant state participation, as well as modern Russian goals of state participation in economy, the role of the relevant policy in achieving the goals of modernization (on the example of the “May Decree” of the President of the Russian Federation of May 7, 2018), its contingency with the practices and role of big business as an integral part of the modernization process. The paper suggests ways to optimize public policy in the direction of modernization, taking into account the priorities formulated for the management system.


2002 ◽  
Vol 45 (3-4) ◽  
pp. 225-232
Author(s):  
Ana Tot

On the basis of the researches on the new (post-capitalist) way of production, in developed countries, the author points to, very concisely, the appearance of relations and legality of the new way of production. Considering this, the author expresses her attitudes on the roles of the state in the new way of production. As this article is in a direct link with the previous ones (cited in the literature), getting familiar with their contents is recommendable in order to understand the subject better.


2008 ◽  
Vol 38 ◽  
pp. 83-106 ◽  
Author(s):  
Ayşe Buğra ◽  
Sinem Adar

AbstractAs part of the institutional changes in Turkey since the 1980s that laid down the foundations of a market economy, the transformation of the social security system has recently come on the agenda. This article discusses the possible outcome of this transformation by situating the case of Turkey in the context of the contemporary international social policy environment shaped by neo-liberal globalization.It is possible to suggest that throughout the world a new system of welfare governance has recently emerged, which is characterized, first, by a novel emphasis on workfare as opposed to welfare. It modifies, second, redistributive action by the state through diverse partnerships between the state, private sector and voluntary initiatives in the provision of social care and public services. The impact of this new system of welfare governance on social policy is especially important in less developed countries where the role of the state in welfare provision is recently being taken more seriously. With the new emphasis on workfare accompanied by the increasing role of non-state actors, the newly introduced social policy measures might not necessarily consolidate the basis of citizenship rights but they might mainly serve to keep under control the socio-economic insecurity aggravated by the expansion of market relations. This observation is of particular significance for the analysis of the contemporary social policy environment in Turkey that this article presents.


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