Democracy, Migration, and International Institutions

2017 ◽  
Author(s):  
Thomas Christiano
Keyword(s):  
Decision Making ◽  
International Society ◽  
International Institutions ◽  
Good Faith ◽  
Legitimate Authority ◽  
Share Decision Making ◽  
Migration Decisions ◽  
Legitimate Interests ◽  
A Share

This chapter defends two main theses. First, it argues that there is a source of legitimate authority in migration decisions, but that it lies primarily in international society. International society is a society of states that represent their citizens reasonably well and fairly negotiate with one another concerning the terms of migration. Representative states have a share in that legitimate authority, but they must share decision making over the management of migration with other states in international society. Second, it argues that societies do have legitimate interests in shaping and perhaps sometimes constraining the process of migration. Societies may shape and constrain migration in good faith negotiations with other societies. The chapter explains and argue for these theses within a cosmopolitan framework, which is taken for granted.

Piercing the Corporate Veil: The Responsibility of Member states of an International Organization

2011 ◽  
Vol 8 (2) ◽  
pp. 291-347 ◽  
Author(s):  
Odette Murray
Keyword(s):  
Decision Making ◽  
Member State ◽  
International Law ◽  
International Organizations ◽  
Good Faith ◽  
International Organization ◽  
Member States ◽  
Draft Article ◽  
Legal Limit ◽  
Primary Rule

AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.

scholarly journals Opposition and dissidence: Two modes of resistance against international rule

2018 ◽  
Vol 15 (1) ◽  
pp. 11-30 ◽  
Author(s):  
Christopher Daase ◽  
Nicole Deitelhoff
Keyword(s):  
Case Studies ◽  
International Institutions ◽  
Legitimate Authority ◽  
Critical Approaches ◽  
The Relationship ◽  
International Rule ◽  
Normative Implications

Rule is commonly conceptualized with reference to the compliance it invokes. In this article, we propose a conception of rule via the practice of resistance instead. In contrast to liberal approaches, we stress the possibility of illegitimate rule, and, as opposed to critical approaches, the possibility of legitimate authority. In the international realm, forms of rule and the changes they undergo can thus be reconstructed in terms of the resistance they provoke. To this end, we distinguish between two types of resistance—opposition and dissidence—in order to demonstrate how resistance and rule imply each other. We draw on two case studies of resistance in and to international institutions to illustrate the relationship between rule and resistance and close with a discussion of the normative implications of such a conceptualization.

scholarly journals Structure and Composition of Board’s Committees: Analysis of Pakistan International Airlines Corporation Limited

2021 ◽  
Vol 2 (1) ◽  
pp. 83-96
Author(s):  
Khalid Hussain Abbasi ◽  
Ashfaque Ali Banbhan ◽  
Najia Shaikh
Keyword(s):  
Decision Making ◽  
Secondary Data ◽  
Good Faith ◽  
Annual Reports ◽  
Finance Committee ◽  
Finance Officer ◽  
International Airlines ◽  
It Procurement

This study aimed to explore the composition of BODs committees in PIACL. Secondary data from Annual Reports, Act, Rules and Regulations of the corporation in general and SECP recommendations i.e., the codes of CG in particular were collected. Data were analyzed in MS-Office 2016 version using MS-Excel and MS-Word. Obtained results are, the BODs can exercise their powers to form the board’s various committees, but at the same time BODs must execute their responsibilities focusing on objectives of the corporation and larger interest of stockholders in good faith and judgment, especially executing authority for the establishment of AC. BODs must confirm that none of the member's interests conflicts with the objectives of the committee. The Principal Finance Officer (CFO), inside audit officials, and officers like the chief cooperating officer (CEO) do not represent AC. However, one member of the committee must hold ample knowledge related to finance, but this does not mean that a member of the board who is linked either with financial matters or audit operations is appointed on the committee. Results further indicated that in PIACL different committees of BODs have been formed where a director in the finance committee is also appointed as member or chairman in AC in contrast to SECP codes. Similarly, various BODs have been made part of the AC, HR, IT, Procurement, Marketing (Brand and advertisement) committee. Whereas, practically it is very uncommon that an individual possesses expertise in IT, HR, Marketing, and Finance fields simultaneously as these are diverse fields, how come a person can be an expert of all disciplines at the same time? Hence, the appointment of directors in multiple committees at the same time raises a lot of questions about the independent working or decision-making of such committees.

scholarly journals Urban Climate Policy and Action through a Health Lens—An Untapped Opportunity

2021 ◽  
Vol 18 (23) ◽  
pp. 12516
Author(s):  
Audrey de Nazelle ◽  
Charlotte J. Roscoe ◽  
Aina Roca-Barcelό ◽  
Giselle Sebag ◽  
Gudrun Weinmayr ◽  
...  
Keyword(s):  
Climate Change ◽  
Decision Making ◽  
International Society ◽  
Urban Climate ◽  
Environmental Epidemiology ◽  
Evidence Base ◽  
Mitigation And Adaptation ◽  
Climate Action ◽  
Health Promoting ◽  
Funding Opportunities

Motivated by a growing recognition of the climate emergency, reflected in the 26th Conference of the Parties (COP26), we outline untapped opportunities to improve health through ambitious climate actions in cities. Health is a primary reason for climate action yet is rarely integrated in urban climate plans as a policy goal. This is a missed opportunity to create sustainable alliances across sectors and groups, to engage a broad set of stakeholders, and to develop structural health promotion. In this statement, we first briefly review the literature on health co-benefits of urban climate change strategies and make the case for health-promoting climate action; we then describe barriers to integrating health in climate action. We found that the evidence-base is often insufficiently policy-relevant to be impactful. Research rarely integrates the complexity of real-world systems, including multiple and dynamic impacts of strategies, and consideration of how decision-making processes contend with competing interests and short-term electoral cycles. Due to siloed-thinking and restrictive funding opportunities, research often falls short of the type of evidence that would be most useful for decision-making, and research outputs can be cryptic to decision makers. As a way forward, we urge researchers and stakeholders to engage in co-production and systems thinking approaches. Partnering across sectors and disciplines is urgently needed so pathways to climate change mitigation and adaptation fully embrace their health-promoting potential and engage society towards the huge transformations needed. This commentary is endorsed by the International Society for Environmental Epidemiology (ISEE) and the International Society for Urban Health (ISUH) and accompanies a sister statement oriented towards stakeholders (published on the societies’ websites).

TAJEMNICA DZIENNIKARSKA I ZASADY ZWALNIANIA Z NIEJ

2021 ◽  
pp. 198-213
Author(s):  
Lech Jaworski
Keyword(s):  
Criminal Procedure ◽  
Third Parties ◽  
Good Faith ◽  
Editorial Office ◽  
Personal Rights ◽  
The Press ◽  
Legitimate Interests ◽  
Publishing Houses ◽  
Rights And Interests ◽  
The Right

Journalistic secrecy is professional. In the light of Article 15 of the Press Law (Pr.L.) the journalist is obliged to keep secret the identity of his informants and the authors of the press material, the mail to the editorial office or other material of this nature, if they deserve the right to remain anonymmous. This obligation also applies to other persons employed in editorial offices, press publishing houses and other press organizational units. In addition, it covers any information, the disclosure of which could violate the legitimate interests of third parties. This corresponds to the content of Article 12 § 1 (2) Pr.L., according to which a journalist is obliged to protect the personal rights and interests of informants acting in good faith and other people who trust him or her. Breaking journalistic secrecy is a crime prosecuted ex officio. However, in certain situations journalistic secrecy is excluded (Article 16 Pr.L. and Article 180 of the Code of Criminal Procedure).

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

Contrast in the Security Concepts of China and the EU: The Perspective of a PLA Officer

2007 ◽  
Author(s):  
CHEN BO
Keyword(s):  
Cold War ◽  
International Society ◽  
Security Policy ◽  
International Institutions ◽  
Rule Based ◽  
Territorial Integrity ◽  
Post Cold War ◽  
Absolute Good ◽  
Analytical Review ◽  
The Eu

This chapter presents the perspectives of officers in the People's Liberation Army (PLA). It provides an analytical review of the two security concepts that have emerged in response to the post Cold War order. It holds that China's security policy is designed first and foremost to safeguard the sovereignty, unity, and territorial integrity of the nation under the paradoxical conditions of globalization. Although recognizing the mutuality of security, the purpose of China's policy is to gain other actors' support for the defence of China's sovereign interests. The EU's core interests are defined in terms of ‘a stronger international society, well functioning international institutions and a rule-based international order’. This also recognizes the mutuality of security but does not place sovereignty as the absolute good: if international society, institutions, and order require the mitigation of sovereignty, then Europeans will accept it.

Sources and the Legitimate Authority of International Law

2018 ◽  
Author(s):  
José Luis Martí
Keyword(s):  
Political Philosophy ◽  
International Law ◽  
International Institutions ◽  
Current System ◽  
Democratic Legitimacy ◽  
Legitimate Authority ◽  
Basic Principles ◽  
Democratic Equality ◽  
International Laws ◽  
The Right

This chapter considers that political philosophers in recent years are paying growing attention to the legitimacy of international law and international institutions and are asking who has the right to rule and adequate standing to create international laws, and how. It attempts to contribute to this debate in normative political philosophy through the more specific lens of democratic legitimacy. After presenting certain conceptual clarifications, the chapter identifies three basic principles of democratic legitimacy: the principle of ultimate popular control, the principle of democratic equality, and the principle of deliberative contestability, which can be instantiated in six more concrete requirements. The chapter continues by exploring the limitations of two influential views on the democratic legitimacy of international law. Finally, the chapter concludes by expressing some scepticism about the degree to which the current system of sources of international law is democratically legitimate.

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