scholarly journals The Paradox of Migration and the Interests of the Atomistic Nation-States: The Southern African Perspective

2017 ◽  
Vol 16 (1) ◽  
pp. 426
Author(s):  
Phazha Jimmy Ngandwe
Keyword(s):  
Regional Integration ◽  
Social Impact ◽  
Focal Point ◽  
Legal Framework ◽  
Organised Crime ◽  
Negative Attitudes ◽  
African Development ◽  
Nation States ◽  
African Perspective ◽  
Practical Recommendations

The "paradox of migration and the interests of the atomistic nation-states" interrogates the phenomenon of migration in general and in the Southern African Development Community in particular. The point of departure of the paper is the African Union and the Southern African Development Community’s legal framework on migration, as read with the national legal instruments of the different member states. Its focal point is the raison d’être of this phenomenon of migration and the corresponding approaches and attitudes of the nation-states within which migration takes place inter se. This includes the psycho-social impact of migration. Internationally as well as regionally, States are concerned with issues of sovereignty, the preservation of the welfare of the citizenry, ensuring social cohesion social, cultural and economic development including job creation, and fighting against transnational organised crime, including terrorism. The theme of the paper is that whereas migration should form the bedrock of regionalism and globalisation, the negative attitudes of the nation-states to migration are more often than not at variance with the objectives of regionalism and globalisation. The central question of the research is how states can discharge their duties and obligations vis-à-vis their nationals without perpetuating the bottlenecks to and the stigma that attaches to migration and thereby upsetting the international as well as regional integration objectives of the free movement of people. This is the issue that the paper is intended to explore. The main areas of concern are that the negative attitudes of the nation-states are manifested in the hostile treatment of migrants at all ports of entry, including illegal or ungazetted points of entry, within the nation-states in general, and in their labour markets in particular. This research therefore explores the paradoxical nature of the duties and responsibilities of states within the migration and mobility discourse. The paper will conclude by making practical recommendations aimed at influencing policy and law.

scholarly journals DIGITALIZATION PROCESSES DEVELOPMENT IN ASEAN REGIONAL INTEGRATION ASSOCIATION

2021 ◽  
Vol 7 (1) ◽  
pp. 101-112
Author(s):  
D. G. Mirakyan
Keyword(s):  
Information And Communication Technologies ◽  
Regional Integration ◽  
Government Regulation ◽  
Social Impact ◽  
Legal Framework ◽  
Transport Infrastructure ◽  
Asean Member ◽  
Asian Pacific Region ◽  
Digital Ecosystem ◽  
Social Impact Bonds

The expansion of the Association of Southeast Asian Nations (ASEAN) economic capacity appears to be driven by digital factors. Current research analyses the digitalization processes in ASEAN, determines  the  digitalization  strategy  for  the  integration  block,  provides  with  the  relevant dynamics of digitalization level indicators. The analysis of digital indicators revealed the rapidly growing level of dissemination of information and communication technologies and the dynamic development of the digital economy as a whole. Despite ASEAN's digital potential, a number of problematic issues remained, such as government regulation, protection against digital fraud, and protection of intellectual property rights. A successful initiative for the digitalization development in  the  Asian  Pacific  region  could  be  the  development  of  an  appropriate  legal  framework,  the development  of  transport  infrastructure,  the  public-private  partnership  tools  usage  and budgetary  incentives.  For  ASEAN  member  countries  leadership  in  the  digital  race  it  seems advisable  to  organize  training  sessions,  create  jobs  in  digital  industries,  develop social  impact bonds (SIB) projects, and create a global digital ecosystem.

Еnforcement of Property Rights and Conractual Obligations

2003 ◽  
pp. 83-100 ◽  
Author(s):  
A. Radygin ◽  
R. Entov
Keyword(s):  
Property Rights ◽  
Legal Framework ◽  
Economic Consequences ◽  
Theoretical Approaches ◽  
Contractual Obligations ◽  
Regional Authorities ◽  
Practical Recommendations

The paper deals with theoretical approaches to the problems of property rights and contractual obligations and with analysis of economic consequences of the imperfect enforcement system. In particular, the authors consider Russian experience in the sphere of corporate conflicts. Legal and practical recommendations related to the improvement of legal framework, judiciary reform, executory process and different federal and regional authorities are also presented.

The European Union and Diplomatic Law

2017 ◽  
Author(s):  
Graham Butler
Keyword(s):  
European Union ◽  
External Action ◽  
Legal Framework ◽  
Second World War ◽  
First Century ◽  
The European Union ◽  
Nation States ◽  
Supranational Institutions ◽  
Second World ◽  
The Eu

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.

scholarly journals Problematizing Olympic Nationality

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 374-379
Author(s):  
Peter J. Spiro
Keyword(s):  
Twentieth Century ◽  
National Identity ◽  
Focal Point ◽  
Professional Sports ◽  
Sports Teams ◽  
Olympic Athletes ◽  
Nation States ◽  
International Solidarity

One can hope that the convening of the Tokyo Olympics will be a cause for global celebration. Tokyo could prove a focal point for international solidarity, a moment of relief and release after all of humanity faced down an insidious, invisible, and largely indiscriminate attacker. Unified as we otherwise may be, athletes will still come to the Games as representatives of nation-states. That may be an unavoidable organizing principle. Less justifiable will be the requirement that athletes be nationals of the states they play for. Under the Olympic Charter and the rules of particular sporting federations, athletes are subject to a non-state nationality regime that restricts the capacity of individuals to compete for countries for whose delegations they would otherwise qualify. This regime looks to maintain the putative integrity of Olympic competition by maintaining the unity of sporting and sociological national identity. But that legacy of the twentieth century no longer works in the twenty first. Nationality and associated criteria for participant eligibility undermine the autonomy of athletes and the quality of participation. The rules can no longer guarantee any affective tie between athlete and nation, instead arbitrarily enabling some, but not all, to compete on the basis of citizenship decoupled from identity. We don't require that athletes playing for our professional sports teams hale from the cities they represent. There's no reason why we need to require more of our Olympic athletes.

scholarly journals Ethnic Fundraising in America and the Irish and Lithuanian Wars of Independence, 1918–1923

2021 ◽  
pp. 1-23
Author(s):  
R. J. C. Adams ◽  
Vaida Nikšaitė
Keyword(s):  
Sovereign Debt ◽  
Focal Point ◽  
The United States ◽  
International Recognition ◽  
Nation States ◽  
The First World War ◽  
The Us ◽  
History Of ◽  
War Bonds ◽  
First World

Abstract The close of the First World War signalled a proliferation of newly established nation-states across Europe. However, the unilateral proclamations of these states’ independence did not guarantee their international recognition, nor did it guarantee their financial viability. This article examines the funding of two such states: the unrecognized Lithuanian (1919–23) and Irish (1919–21) republics. Both funded their wars of independence by selling ‘war bonds’ to their respective diasporas in the United States; the Lithuanians raising almost $1.9m from c. 28,000 subscribers and the Irish raising $5.8m from c. 300,000 subscribers. Communication between the organizers of these bond drives was virtually non-existent, but following the example of the US Liberty Loans they employed remarkably similar tactics. Yet, issued by self-proclaimed nation-states with neither territorial integrity nor a credible history of borrowing, the Lithuanian and Irish war bonds promised a return only when the states had received international recognition. In this sense, they were examples of what the authors term Pre-Sovereign Debt. Practically, they were a focal point for agitation for governmental recognition and rousing of American public opinion. Symbolically, they were tangible representations of the Lithuanian and Irish pretensions to statehood.

Legalising the Drug Wars

2021 ◽  
Author(s):  
John Collins
Keyword(s):  
Control System ◽  
Focal Point ◽  
Regulatory System ◽  
Legal Framework ◽  
Drug Control ◽  
Global Policy ◽  
Drug Regulations ◽  
Single Convention ◽  
History Of ◽  
Narcotic Drugs

Where did the regulatory underpinnings for the global drug wars come from? This book is the first fully-focused history of the 1961 UN Single Convention on Narcotic Drugs, the bedrock of the modern multilateral drug control system and the focal point of global drug regulations and prohibitions. Although far from the propagator of the drug wars, the UN enabled the creation of a uniform global legal framework to effectively legalise, or regulate, their pursuit. This book thereby answers the question of where the international legal framework for drug control came from, what state interests informed its development and how complex diplomatic negotiations resulted in the current regulatory system, binding states into an element of global policy uniformity.

Data for Alabama Taxation and Changing Discourse from Reconstruction to Redemption

2021 ◽  
Author(s):  
Kasey Hendricks
Keyword(s):  
Civil Rights ◽  
Focal Point ◽  
Legal Framework ◽  
The State ◽  
Political Life ◽  
Political Debate ◽  
General Role ◽  
Proposition 13 ◽  
New Era ◽  
Princeton University

At their most basic level taxes carry, in the words of Schumpeter ([1918] 1991), “the thunder of history” (p. 101). They say something about the ever-changing structures of social, economic, and political life. Taxes offer a blueprint, in both symbolic and concrete terms, for uncovering the most fundamental arrangements in society – stratification included. The historical retellings captured within these data highlight the politics of taxation in Alabama from 1856 to 1901, including conflicts over whom money is expended upon as well as struggles over who carries their fair share of the tax burden. The selected timeline overlaps with the formation of five of six constitutions adopted in the State of Alabama, including 1861, 1865, 1868, 1875, and 1901. Having these years as the focal point makes for an especially meaningful case study, given how much these constitutional formations made the state a site for much political debate. These data contain 5,121 pages of periodicals from newspapers throughout the state, including: Alabama Sentinel, Alabama State Intelligencer, Alabama State Journal, Athens Herald, Daily Alabama Journal, Daily Confederation, Elyton Herald, Mobile Daily Tribune, Mobile Tribune, Mobile Weekly Tribune, Morning Herald, Nationalist, New Era, Observer, Tuscaloosa Observer, Tuskegee News, Universalist Herald, and Wilcox News and Pacificator. The contemporary relevance of these historical debates manifests in Alabama’s current constitution which was adopted in 1901. This constitution departs from well-established conventions of treating the document as a legal framework that specifies a general role of governance but is firm enough to protect the civil rights and liberties of the population. Instead, it stands more as a legislative document, or procedural straightjacket, that preempts through statutory material what regulatory action is possible by the state. These barriers included a refusal to establish a state board of education and enact a tax structure for local education in addition to debt and tax limitations that constrained government capacity more broadly. Prohibitive features like these are among the reasons that, by 2020, the 1901 Constitution has been amended nearly 1,000 times since its adoption. However, similar procedural barriers have been duplicated across the U.S. since (e.g., California’s Proposition 13 of 1978). Reference: Schumpeter, Joseph. [1918] 1991. “The Crisis of the Tax State.” Pp. 99-140 in The Economics and Sociology of Capitalism, edited by Richard Swedberg. Princeton University Press.

scholarly journals Role of the Ombudsman for Children in Protection of the Rights of Children Who Raising in Adoptive Families

2019 ◽  
Vol 9 (3) ◽  
pp. 310-319
Author(s):  
O. N. Tuzova ◽  
D. N. Stepanova
Keyword(s):  
Focal Point ◽  
Legal Framework ◽  
Psychological Needs ◽  
Educational Organizations ◽  
Adoptive Families ◽  
Related Form ◽  
Rights Of The Child ◽  
The Social ◽  
The Russian Federation

The topic of the article is interdisciplinary. The practice of psychological and pedagogical support for children raised in guardianship families shows the need for psychological and legal assistance. The aim is to develop proposals for the organization of a legal and regulatory framework in accordance with the social and psychological needs of guardianship families and to identify the possibilities of the Ombudsman for the Rights of the Child to protect the rights of minors raised in guardianship families. The article identifies the current problems of guardianship families and considers the existing legal framework for the protection of the rights of minors raised in families with a related form of guardianship. One of the main problems of psychological and pedagogical support for children raised in families with a related form of guardianship is the absence of a coordinating center for the organization of cooperation between educational organizations, guardianship bodies, centers for psychological, pedagogical, medical, and social assistance. The Ombudsman for the Rights of the Child may be the focal point. It is also proposed to establish, based on the offices of the Ombudsmen for the Rights of the Child, centers for the support of guardianship families in the constituent entities of the Russian Federation, to which both guardians and children can apply. These measures are aimed at preventing secondary orphans.

scholarly journals Does a Payment-for-Outcomes Model Improve Indigenous Wellbeing? Commissioning Agencies and Social Impact Bonds in New Zealand

2020 ◽  
Vol 11 (4) ◽  
pp. 1-26
Author(s):  
Louise Humpage
Keyword(s):  
New Zealand ◽  
Indigenous Peoples ◽  
Social Impact ◽  
Policy Innovation ◽  
Social Outcomes ◽  
Nation States ◽  
Improved Outcomes ◽  
Social Impact Bonds ◽  
Funding Mechanisms ◽  
The Government

Commissioning agencies and social impact bonds are two examples of New Zealand’s shift towards payment-for-outcomes funding mechanisms over the last decade, as the government attempted to improve both policy innovation and social outcomes. This article highlights that although the commissioning agencies have been more successful than social impact bonds, neither has completely achieved these goals of innovation and improved outcomes. This is particularly concerning given Indigenous Māori are disproportionately impacted by both policies. Discussion concludes by highlighting some of the problems associated with applying a payment-for-outcomes model to Indigenous Peoples, given these funding mechanisms are becoming increasingly popular in other settler nation states.

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