Afterword

2019 ◽  
pp. 339-342
Keyword(s):  
Students Of Color ◽  
Turning Point ◽  
Educational Equity ◽  
The State ◽  
State Responsibility ◽  
Board Of Education ◽  
Right To Education ◽  
National Priority ◽  
Warren Court ◽  
It Education

More than sixty years have passed since the promise of educational equity for students of color was enshrined in the seminal 1954 ruling in Brown v. Board of Education. While the ruling marked a turning point, the Supreme Court’s holding stopped short of creating a federal right to education—rendering the decision a dream deferred for too many Americans. The Warren Court challenged a legally segregated nation to make educational equity a national priority but affirmed realization of such equity to be a state responsibility by noting in dicta “where the state has undertaken to provide it, [education] is a right which must be made available to all on equal terms.”...

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

The Right to Education in India

2019 ◽  
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Private Education ◽  
The State ◽  
Legal Empowerment ◽  
Right To Education ◽  
The Poor ◽  
Potential System ◽  
Education In India ◽  
Alternative Means ◽  
Education Act ◽  
The Right

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.

Homo homini tigris: Thomas Hobbes and the global images of sovereignty

2021 ◽  
pp. 019145372110330
Author(s):  
Sandro Chignola
Keyword(s):  
Turning Point ◽  
Thomas Hobbes ◽  
The State ◽  
Modern Concept ◽  
Logical Framework ◽  
Semantic Field ◽  
Sovereign Power ◽  
Global Space ◽  
Lines Of Force

This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt its logical framework – as well as its representations – rather than on a linear historiographic reconstruction. In particular, the scrutiny I propose aims to examine a series of exchanges that have been characterizing this concept since the beginning: the global and the European, the maritime and the territorial, the colony and the state, the imperial and the proprietary. The problematic balance between ‘imperium’ and ‘dominium’ is indeed assumed here as the turning point of the rise of a sovereign power that appears to be originally rooted in the very production and governance of the global space, thus giving up all possible Eurocentric narratives of modernity. To illustrate my argument, I focus on the frontispieces to three of Thomas Hobbes’s most important books, that is, his translation of Thucydides’ Peloponnesian Wars, De Cive and Leviathan. A thorough analysis of these images enables us to understand how these lines of force traverse the very heart of modern European political concepts, along with the mirroring effects that constantly bounce their normative construction of subjectivity back and forth from the periphery to the centre and, ultimately, from the market to the state.

Starpkulturālās komunikācijas nozīme visaptverošas valsts aizsardzības sistēmas veidošanā

2021 ◽  
pp. 238-245
Author(s):  
Uldis Zupa ◽  
Keyword(s):  
Turning Point ◽  
Essential Element ◽  
The State ◽  
Successful Implementation ◽  
National Defense ◽  
Defense System ◽  
State And Society ◽  
State Defense ◽  
The Relationship

The implementation of the comprehensive national defense system in Latvia marks a new turning point in the relationship between the state and society – instead of being consumers of the security and defense provided by the state, every inhabitant of Latvia must become an active contributor to the natio-nal defense system. Thus, the society’s willingness to defend the state becomes an essential element in the successful implementation of the comprehensive state defense system. This article analyzes the different views of Latvian and Russian-speaking population on issues that affect the willingness to defend the state, as well as evaluates the role of intercultural communication for informing public and increasing the involvement in the comprehensive national defense system.

Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 446-484
Keyword(s):  
Due Process ◽  
The State ◽  
State Responsibility ◽  
Responsibility Attribution ◽  
Content Type ◽  
Host State ◽  
Fair And Equitable Treatment ◽  
Municipal Law ◽  
Equitable Treatment ◽  
Debt Recovery

446Jurisdiction — Investment — Derivative transactions — Interpretation — Claims to money used to create an economic value — Claims to money associated with an investment — Whether a hedging agreement constituted an investment under the BITJurisdiction — Investment — Territorial requirement — Derivative transactions — Whether a hedging agreement satisfied the condition of territorial nexus to the host StateJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Salini test — Contribution to economic development — Regularity of profit and return — Whether a hedging agreement constituted an investment — Whether all five elements of the Salini test were legal criteria for an investment under ICSID jurisdictionJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Ordinary commercial transaction — Contingent liability — Whether a hedging agreement was an ordinary commercial transaction or a contingent liabilityJurisdiction — Contract — State-owned entity — Municipal law — Whether a hedging agreement was void because the transaction was outside a State-owned entity’s statutory authorityState responsibility — Attribution — Judicial acts — ILC Articles on State Responsibility, Article 4 — Whether a superior court was an organ of the host StateState responsibility — Attribution — Central bank — ILC Articles on State Responsibility, Article 4 — Whether a central bank was an organ of the host StateState responsibility — Attribution — State-owned entity — ILC Articles on State Responsibility, Article 4 — ILC Articles on State Responsibility, Article 5 — ILC Articles on State Responsibility, Article 8 — Whether a State-owned entity was an organ of the State — Whether actions of a State-owned entity were attributable to the State as an exercise of governmental authority — Whether a State-owned entity was acting under instructions or the direction and control of the StateFair and equitable treatment — Judicial acts — Due process — Interim order — Political motive — Whether court orders violated the standard of fair and equitable treatment — Whether public statements of a senior judge evidenced the political motive of court ordersFair and equitable treatment — Autonomous standard — Interpretation — Minimum standard of treatment — Whether the standard of fair and equitable treatment was materially different from customary international law447Fair and equitable treatment — Government investigation — Due process — Bad faith — Transparency — Whether a central bank’s investigation violated the standard of fair and equitable treatmentExpropriation — Indirect expropriation — Contract — Derivative transaction — Substantial deprivation — Debt recovery — Municipal law — Whether the subsistence of a contractual debt and the possibility to claim under the chosen law of a third State prevented a finding of expropriation — Whether the possibility of recovery in a third State was to be assessed as a prerequisite in the cause of action of expropriation or as a matter of causation and quantumExpropriation — Indirect expropriation — Contract — Substantial deprivation — Legitimate regulatory authority — Proportionality — Whether an interference with contractual rights was an exercise of the host State’s legitimate regulatory authority — Whether the regulatory measures were proportionateRemedies — Damages — Causation — Contract — Debt recovery — Whether the claimant suffered damages if it had the possibility to recover a contractual debt in the courts of a third StateCosts — Indemnity — Egregious breach — Bad faith — Whether the egregious nature of the host State’s breaches of its international obligations meant the claimant was entitled to full recovery of its costs, legal fees and expenses

Leviathan on a Leash

2020 ◽  
Author(s):  
Sean Fleming
Keyword(s):  
International Relations ◽  
Political Thought ◽  
Sovereign Debt ◽  
New Technologies ◽  
Thomas Hobbes ◽  
The State ◽  
State Responsibility ◽  
Modern Politics ◽  
Starting Point ◽  
The World

States are commonly blamed for wars, called on to apologize, held liable for debts and reparations, bound by treaties, and punished with sanctions. But what does it mean to hold a state responsible as opposed to a government, a nation, or an individual leader? Under what circumstances should we assign responsibility to states rather than individuals? This book demystifies the phenomenon of state responsibility and explains why it is a challenging yet indispensable part of modern politics. Taking Thomas Hobbes' theory of the state as a starting point, the book presents a theory of state responsibility that sheds new light on sovereign debt, historical reparations, treaty obligations, and economic sanctions. Along the way, it overturns longstanding interpretations of Hobbes' political thought, explores how new technologies will alter the practice of state responsibility as we know it, and develops new accounts of political authority, representation, and legitimacy. The book argues that Hobbes' idea of the state offers a far richer and more realistic conception of state responsibility than the theories prevalent today and demonstrates that Hobbes' Leviathan is much more than an anthropomorphic “artificial man.” The book is essential reading for political theorists, scholars of international relations, international lawyers, and philosophers. It recovers a forgotten understanding of state personality in Hobbes' thought and shows how to apply it to the world of imperfect states in which we live.

The Hoare-Laval Plan: A Study in International Polities

1962 ◽  
Vol 24 (3) ◽  
pp. 342-364
Author(s):  
Henderson B. Braddick
Keyword(s):  
Great Britain ◽  
Interwar Period ◽  
Turning Point ◽  
African Country ◽  
International Politics ◽  
Foreign Minister ◽  
State Department ◽  
The State ◽  
International Crisis ◽  
Major Turning Point

The agreement between British Foreign Minister Sir Samuel Hoare and Pierre Laval, French Premier and Foreign Minister, in early December, 1935, was a major turning point in European international politics during the interwar period. It placed a premium on Fascist aggression in Ethiopia by proposing that Italy be given actual or de facto control over huge slices of the African country. Several volumes of memoirs published in the last few years throw new light on some aspects of the proposal itself and on the politics of Great Britain, Italy, and France toward the Italo-Ethiopian conflict, policies which at the height of the international crisis produced the Hoare-Laval Plan. In addition, the State Department documents, published and unpublished, are a mine of information on these matters.

scholarly journals CORRUPTION AS A THREAT TO THE ECONOMIC SECURITY OF RUSSIA

2018 ◽  
Author(s):  
Галина Крохичева ◽  
Galina Krohicheva ◽  
Дмитрий Брязгунов ◽  
Dmitri Bryzgunov
Keyword(s):  
National Security ◽  
Economic Security ◽  
The State ◽  
External Factors ◽  
Criminal Offense ◽  
Negative Factor ◽  
National Priority ◽  
Great Danger

. Ensuring economic security is the independence of the country and the condition for the life of society. That is why economic security is a top national priority. In modern Russia, there are both external and internal threats to the country's economic security. Internal threats pose a great danger; it is their presence that makes the state more vulnerable to external factors. Corruption in our country acts as a form of manifestation of internal threats. This powerful negative factor violates the safety of economic and national security. Corruption occurs in the industry where the criminal has various privileges and powers. At the same time, this crime causes greater economic harm to a citizen, society and the state than any other criminal offense.

Newsmen and Schoolmen: The State and Problems of Education Reporting

1967 ◽  
Vol 44 (2) ◽  
pp. 211-224 ◽  
Author(s):  
George Gerbner
Keyword(s):  
The State ◽  
Daily Newspaper ◽  
It Education ◽  
Education Reporting

The “school beat” still remains a thinly covered assignment of the U. S. daily newspaper, this survey discloses. In it, education reporters discuss problems of handling schoolmen contacts, issues in the news.

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