scholarly journals Reactive improvement of environmental policies: lessons from the Mariana and Brumadinho disasters

2022 ◽  
Vol 12 (3) ◽  
pp. 182-213
Author(s):  
Michelle Cristina dos Reis Braga ◽  
Alberto de Freitas Castro Fonseca
Keyword(s):  
State Government ◽  
Environmental Policies ◽  
Minas Gerais ◽  
The State ◽  
Dam Safety ◽  
Tailings Dam ◽  
Structured Interviews ◽  
Existing Problems ◽  
The Government ◽  
Regulatory Analysis

The State is not always able to proactively improve environmental policies. Eventually, policy improvements are a result of disasters that expose pre-existing problems. This situation is reflected in the state of Minas Gerais (Brazil), where, after the failures of the Fundão and B1 tailings dam, in Mariana and Brumadinho, several problems in dam safety and emergency policies were exposed. This study had a twofold objective: 1) to identify the mechanisms used by the government of Minas Gerais to improve environmental policies, and 2) to understand how the Mariana and Brumadinho’s disasters affected dam safety and emergency policies. Based on semi-structured interviews and regulatory analysis, the study revealed that the state government of Minas Gerais has been predominantly reactive in controlling environmental policies. Additionally, it was observed that the disasters catalysed a learning process that culminated in potentially better dam safety policies.

TO THE PROBLEMS OF COMBATING CORRUPTION IN MODERN RUSSIA AND INTERNATIONAL COOPERATION IN THE FIELD OF ANTI-CORRUPTION

2020 ◽  
Author(s):  
Angela Dranishnikova
Keyword(s):  
Large Scale ◽  
The State ◽  
Point Of View ◽  
Modern Life ◽  
Existing Problems ◽  
Moral Point ◽  
Material Goods ◽  
The Russian Federation ◽  
The Difference ◽  
The Government

In the article, the author reflects the existing problems of the fight against corruption in the Russian Federation. He focuses on the opacity of the work of state bodies, leading to an increase in bribery and corruption. The topic we have chosen is socially exciting in our days, since its significance is growing on a large scale at all levels of the investigated aspect of our modern life. Democratic institutions are being jeopardized, the difference in the position of social strata of society in society’s access to material goods is growing, and the state of society is suffering from the moral point of view, citizens are losing confidence in the government, and in the top officials of the state.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals State Use Provisions for Patent Law, and Expropriations: Some Comparative Law Guidelines for South Africa during the Covid-19 Crisis and Beyond

2020 ◽  
Vol 23 ◽  
pp. 1-35
Author(s):  
Mikhalien Du Bois
Keyword(s):  
South Africa ◽  
State Government ◽  
Patent Law ◽  
The State ◽  
Patent Owner ◽  
Canadian Law ◽  
Patent Rights ◽  
The Republic ◽  
The Government ◽  
Suitable Framework

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

scholarly journals Dominasi dan ketidakadilan negara dan korporasi dalam kasus bencana lumpur Lapindo

2017 ◽  
Vol 30 (2) ◽  
pp. 150
Author(s):  
Oman Sukmana
Keyword(s):  
Resource Management ◽  
State Government ◽  
Oil And Gas ◽  
The State ◽  
Group Discussions ◽  
Disaster Victims ◽  
The People ◽  
Data Collection Process ◽  
The Government

The domination of the state (government) and Corporate (PT LBI) in the oil and gas resource management lead Lapindo mudflow disaster that caused misery to the people. This study aims to assess the forms of domination and injustice by the state (government) and the corporation in the case of Lapindo mudflow disaster, and how Lapindo mudflow disaster victims negotiate (resist) against the state (government) and corporations in an effort to fight for their rights. This study used a qualitative approach with case study. Subjects and informantsresearch include: (1) Lapindo mudflow disaster victims; (2) group coordinator of Lapindo mudflow disaster victims; (3) Public figures Siring village, Tanggulangin, Renokenongo, Jabon, and Jatirejo, Porong district, Sidoarjo; (4) Representation of the corporation (PT. LBI); and (5) Representation of BPLS. The data collection process using the in-deepth interviews, observation, focus group discussions, and review documents. Stage processing and data analysis includes the coding process, memoing, and concept mapping. The results showed that the government (the state) and the corporation (PT LBI) action dominating the oil and gas resource management in the area of Porong district, Sidoarjo regency, East Java, resulting misery for the victims (people). Forms of injustice felt by residents Lapindo mudflow disaster victims not only related to the issue of compensation for land and building assets alone, but more than that, including various dimensions. Through a variety of collective action, such as demonstrations and negotiations, Lapindo mudflow disaster victims filed various charges, such as demands for payment of compensation for land and building assets destroyed.

Place Making in George Town, Malaysia

2018 ◽  
Author(s):  
Neil Khor ◽  
Matt Benson
Keyword(s):  
Southeast Asia ◽  
State Government ◽  
Tourism Industry ◽  
The State ◽  
North Coast ◽  
Top Down ◽  
Place Making ◽  
Local Manufacturing ◽  
The Government ◽  
George Town

Chapter 3 provided several examples of the planning and management of urban heritage areas and their resources. This chapter describes the experience of George Town, where the government directed a top-down planning exercise, as expected of a World Heritage property. The process had significant government attention and investment, both financial and technical. The island of Penang in northern Malaysia (Figure 4.2) has hosted a strong tourism industry since the 1970s when the state government decided to develop the tourism industry to complement local manufacturing, as part of a strategy to generate jobs. This policy resulted in the development of the island’s north coast as beachside resorts, which until the mid-1990s made Penang a top tourism destination. This beachside resort model was copied widely throughout Southeast Asia, resulting in competition from neighbouring countries, including Thailand and Indonesia. Meanwhile, Penang’s own appeal was undermined, however, by over-development and pollution.

Cultivation of Medicinal and Aromatic Plants: An Innovative Effort towards Sustainable Development (A Case Study of Uttarakhand)

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Priti Atrey
Keyword(s):  
Sustainable Development ◽  
State Government ◽  
Ecological Condition ◽  
The State ◽  
Aromatic Plants ◽  
Medicinal And Aromatic Plants ◽  
Traditional System ◽  
In The Wild ◽  
Sustainable Cultivation ◽  
The Government

Uttarakhand popularly known as Dev Bhumi is widely believed to be the source of the centuries old traditional system of medicine called Ayurveda. The State is blessed with thousand of species; however, about 320 species have been identified having commonly growing. The forest department has reported about 175 species being commercially extracted and traded. The State Government in 2003 declared Uttarakhand as an Herbal State. After declaration of Uttarakhand as an Herbal State, the government took initiatives for sustainable cultivation of medicinal and aromatic plants in a phased manner. As it is a newly formed state, Uttarakhand is being subject to many large projects especially hydroelectric projects, as part of development. These will adversely impact the forestland of the state. Many species of medicinal and aromatic plants have disappeared with the loss of oak forests. There is growing evidence that the many medicinal and aromatic plants species are declining in the wild. So the systematic cultivation of high value medicinal and aromatic plants under prevailing agro ecological condition is one of the sincere efforts in the direction of sustainable development. Recently the state Government has introduced several incentives and established The Herbal Research and Development Institute, State Medicinal Plants Board and Center for Aromatic Plants for the popularization of sustainable cultivation of medicinal and aromatic plants. In these circumstances, our major objective is to explore the potential in medicinal and aromatic plants cultivation in Uttarakhand.

The Awakening Giant

2018 ◽  
pp. 171-200
Author(s):  
Patricia de Santana Pinho
Keyword(s):  
African American ◽  
State Government ◽  
Local Governments ◽  
The State ◽  
The Awakening ◽  
African Heritage ◽  
The Government ◽  
Tourist Demand ◽  
Roots Tourism

The role of local governments in attracting roots tourists is one of most important factors analyzed in the studies of diaspora tourism. Governments of several countries have actively sought to promote varied forms of roots tourism in order to attract members of their respective diasporas. In contrast, African American roots tourism in Brazil is marked by the almost complete inaction of the government, at both the state and federal levels. This type of tourism was initiated and continues to develop largely as the result of tourist demand, and with very little participation on the part of the state. This chapter analyzes the belated response of the state government of Bahia to African American tourism, examining how the inertia that dominated since the late 1970s was later replaced by a more proactive, although still inadequate, position, when the state tourism board, Bahiatursa, founded the Coordination of African Heritage Tourism to cater specifically to the African American roots tourism niche. The chapter also analyzes whether the left-leaning Workers’ Party, then in charge of the state government, challenged the longstanding discourse of baianidade (Bahianness) that has predominantly represented blackness (in tourism and other realms) through domesticated and stereotypical images.

An opposition newspaper under an oppressive regime: A critical analysis of The Daily News

2016 ◽  
Vol 1 (1) ◽  
pp. 128-140
Author(s):  
Pedzisai Ruhanya
Keyword(s):  
The State ◽  
Structured Interviews ◽  
Daily News ◽  
Civil Society Organisations ◽  
Original Analysis ◽  
The Government ◽  
Complex Relationships ◽  
Historical Moment ◽  
Political Turmoil ◽  
Political Governance

This study focuses on the unprecedented ways in which newspaper journalism helped the cause of democratisation at the height of the economic and political governance crisis, also known as the Zimbabwe Crisis, from 1997 to 2010. The research is designed as a qualitative case study of The Daily News, an independent private newspaper. It was based on semi-structured interviews with respondents, who were mainly journalists and politicians living in Zimbabwe. The analytical lens of alternative media facilitates a construction of how The Daily News and its journalists experienced, reported, confronted and navigated state authoritarianism in a historical moment of political turmoil. The study discusses the complex relationships between the independent and privately owned press, the political opposition and civil society organisations. The research provides an original analysis of the operations of The Daily News and its journalists in the context of a highly undemocratic political moment. Some journalists crossed the floor to join civic and opposition forces in order to confront the state. The state responded through arrests and physical attacks against the journalists; however, journalists continued to work with opposition forces while the government enacted repressive media and security law to curtail coverage of the crisis.

Bounded by the State: Government Priorities and the Development of Private Philanthropic Foundations in China

2015 ◽  
Vol 224 ◽  
pp. 1083-1092 ◽  
Author(s):  
Weijun Lai ◽  
Jiangang Zhu ◽  
Lin Tao ◽  
Anthony J. Spires
Keyword(s):  
Civil Society ◽  
State Government ◽  
Legal Framework ◽  
The State ◽  
Representative Survey ◽  
Private Foundation ◽  
Private Foundations ◽  
Regulatory Perspective ◽  
Nationally Representative ◽  
The Government

AbstractFrom a regulatory perspective, philanthropy in China has been officially modernized. Since the government established a legal framework in 2004 based on models from overseas, the number of private foundations in China has grown more than six-fold. Drawing on a nationally representative survey of 214 private foundations conducted in 2012, we present a landscape view of these new philanthropic institutions, discussing both who begins foundations and how their monies are used. We find that despite the rise of new private wealth in China and the adoption of the private foundation form, government priorities are structuring the field of Chinese philanthropy in key and consequential ways. We conclude with some considerations of the implications of these findings for the development of broader civil society.

North Electricity Board: A Case of Restructuring in the Indian Power Industry

2002 ◽  
Vol 06 (01) ◽  
pp. 27-43 ◽  
Author(s):  
Anjula Gurtoo
Keyword(s):  
Organizational Change ◽  
State Government ◽  
Change Process ◽  
Labor History ◽  
Electric Utility ◽  
The State ◽  
The Political ◽  
Capital Investments ◽  
Union Leaders ◽  
The Government

The State Government of one of the largest states of India restructured its financially unviable electric utility - North Electricity Board (NEB) - into three independent corporations and announced its plans for subsequent privatization of NEB. The State Government argued for initiation of restructuring and privatization as a move to attract capital investments for meeting the growing demand and make the entire operations financially viable. An 11-day strike by the employees, which occurred as a response to the initiation of this radical organizational change, was the largest ever in the last 25 years of Indian labor history. The employees united under one umbrella employees association and negotiated with the government. Despite nation-wide support for the employees and the wholehearted unification of the employees, the strike ended with the acceptance of trifurcation by their union leaders. The dynamics involved in the process of restructuring and the employees' strike highlight the political and economic motivations of the various stakeholders in this organizational change process. In view of this, the issue facing the organization, post-strike, is how to get out of this current unpleasant situation and move forward.

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