scholarly journals The informal justice paradigm and the appropriation of ‘local reality’

2020 ◽  
Vol 64 (3) ◽  
pp. 397-409
Author(s):  
Torunn Wimpelmann
Keyword(s):  
Rule Of Law ◽  
Local Population ◽  
External Support ◽  
Local Context ◽  
New Paradigm ◽  
Informal Justice ◽  
Parallel Form ◽  
National Institutions

This article traces the emergence of a new paradigm within rule of law assistance and the forms of appropriation that operate through it. An informal justice paradigm promotes external support to non-state justice as more sensitive to local aspirations and as a more efficient form of intervention. I problematise this paradigm by unpacking both its discursive premises and the actual mechanisms through which aid to informal justice can take place. I argue that the celebrated sensitivity to local context, contrary to assertions, in the last instance empower outside experts, whose mandate it becomes to validate ‘local reality’ and render it amendable for intervention. In sum, the informal justice paradigm enables a parallel form of governance where national institutions are deemed optional at best and irrelevant at worst, where ultimate authority is exercised by international expertise and where accountability to the local population is, on the whole, eroded.

Does the Motor System Facilitate Spatial Imagery?

2017 ◽  
Vol 49 (3) ◽  
pp. 127-137 ◽  
Author(s):  
Markus Krüger ◽  
Horst Krist
Keyword(s):  
Motor System ◽  
Third Graders ◽  
External Support ◽  
New Paradigm ◽  
Perceptual Condition ◽  
Imagery Condition ◽  
Passive Rotation ◽  
Perception Condition ◽  
Motor Condition ◽  
Dynamic Imagery

Abstract. Recent studies have ascertained a link between the motor system and imagery in children. A motor effect on imagery is demonstrated by the influence of stimuli-related movement constraints (i. e., constraints defined by the musculoskeletal system) on mental rotation, or by interference effects due to participants’ own body movements or body postures. This link is usually seen as qualitatively different or stronger in children as opposed to adults. In the present research, we put this interpretation to further scrutiny using a new paradigm: In a motor condition we asked our participants (kindergartners and third-graders) to manually rotate a circular board with a covered picture on it. This condition was compared with a perceptual condition where the board was rotated by an experimenter. Additionally, in a pure imagery condition, children were instructed to merely imagine the rotation of the board. The children’s task was to mark the presumed end position of a salient detail of the respective picture. The children’s performance was clearly the worst in the pure imagery condition. However, contrary to what embodiment theories would suggest, there was no difference in participants’ performance between the active rotation (i. e., motor) and the passive rotation (i. e., perception) condition. Control experiments revealed that this was also the case when, in the perception condition, gaze shifting was controlled for and when the board was rotated mechanically rather than by the experimenter. Our findings indicate that young children depend heavily on external support when imagining physical events. Furthermore, they indicate that motor-assisted imagery is not generally superior to perceptually driven dynamic imagery.

scholarly journals importance of community action in the process of implementing an educational institution and its impact on extension activities

2020 ◽  
Vol 8 (8) ◽  
pp. 50-62
Author(s):  
Tânia Márcia de Freitas
Keyword(s):  
Positive Impact ◽  
Educational Institution ◽  
Local Population ◽  
Community Action ◽  
Local Context ◽  
Regional Innovation Systems ◽  
Young Population ◽  
Regional Innovation ◽  
Promising Strategy ◽  
The City

The Federal Institutes of Education (IFs) are intended to collaborate with the regional innovation systems, encouraging after roduction of knowledge and innovative technologies and activities constituting promising strategy for Brazilian regional development. One way to measure whether the institute's purpose is being fulfilled is through outreach activities with the community with a view to local and regional economic and social advancement. Therefore, the objective of this article is to analyze the process of implementing an IF, as well as its impact on the community. Methodologically it was Documentary research was carried out on the process of community participation in the implementation of the IF in the city, as well as interviews were conducted to ascertain the view of this determining actor regarding the return to society, also contemplating extension actions. It was concluded that the engagement of the local population in the choice of the city was fundamental, causing other cities in the region to join efforts to capture the institute, just as it generated a positive impact in the entire region by providing an opportunity for qualification, which before it was carried out distantly, causing the success of the young population or even the lack of training of this public for financial reasons. As for the extension actions, the institute analyzed performs them according to the local context, filling the gaps, as the purpose of its creation.

scholarly journals Pozycja i rola Komisji Europejskiej w procedurze ochrony budżetu UE w przypadku uogólnionych braków w zakresie praworządności w państwach członkowskich

2021 ◽  
pp. 145-156
Author(s):  
Karol Piwoński
Keyword(s):  
European Commission ◽  
Rule Of Law ◽  
Comparative Method ◽  
Point Of View ◽  
New Paradigm ◽  
The Rule Of Law ◽  
Wide Range ◽  
The One ◽  
The Eu

The aim of this article is to analyse the position and role of the European Commission in the procedure provided in the regulation on a general regime of conditionality for the protection of the European Union’s budget. For this purpose the scheme of this procedure was analysed, by interpreting the relevant regulations using the dogmatic method and considering opinions of the EU institutions and views of the scholars. A comparative method has also been applied. The new position of the Commission in the procedure for protection of the EU budget has been compared with the position it plays in the existing instruments. The analysis made from the point of view of the position of individual institutions in the new procedure, although it does not allow predicting how they will be implemented. The conducted analysis demonstrates that the European Commission – an institution of Community character – has gained wide competences, and in applying them it has been given a wide range of discretion. On the one hand, the introduced regulations exemplify a new paradigm in creating mechanisms for protection of the rule of law. On the other hand, they raise doubts as to their compliance with EU law. However, they undoubtedly constitute a decisive step towards increasing the effectiveness of the EU's instruments for the rule of law protection.

Informal Justice and United Nations Peace Operations

2013 ◽  
Vol 10 (1) ◽  
pp. 166-192
Author(s):  
Bruce Oswald
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Peace Operations ◽  
The Rule Of Law ◽  
Informal Justice ◽  
Peacekeeping Operations ◽  
Serious Crime ◽  
Un Peacekeeping ◽  
Military Members ◽  
Justice Systems

This paper seeks to address how UN military members undertaking UN peacekeeping operations should engage with customary or informal justice systems that they encounter. The relevant guidance that exists suggests that, as a policy matter, informal justice systems should not be allowed to deal with matters of serious crime because of the danger they may violate basic rights, and because dealing with serious crime is a key prerogative of the state. However, there is a growing movement away from adopting a unitary, state-centric rule of law orthodoxy approach, towards viewing the rule of law from the perspective of legal pluralism. Using that perspective, and in acknowledging that military members of UN peace operations are highly likely to be confronted by informal justice systems during peace operations, this paper maps three principles that UN military members should apply when dealing with informal justice systems in the context of UN peace operations: giving due regard to applicable informal justice systems, maintaining oversight of the application of informal justice norms and practices, and avoiding corrupting informal justice systems.

scholarly journals Dynastic marriages of client kings during the reign of Augustus

2021 ◽  
Vol 13 (3) ◽  
pp. 310-318
Author(s):  
Vladimir Olegovich Nikishin
Keyword(s):  
Roman Empire ◽  
Rule Of Law ◽  
Main Part ◽  
Local Population ◽  
Political Stability ◽  
Building Blocks ◽  
The Rule Of Law ◽  
The Family ◽  
Effective Instrument ◽  
Client Kings

The article examines the practice of entering into dynastic marriages as part of the policy that was held in relation to vassal kings during the reign of the emperor Augustus (30 BC - AD 14). The author introduces the term Augustus project, bearing in mind the package of measures, aimed at creating a system of vassal kingdoms on the outskirts of the Roman Empire. According to the author, dynastic marriages as an effective instrument of real policy should have cemented the building blocks of the system. In the main part of the article the author analyses ten well-known dynastic marriages, related to the reign of Augustus. As a result of the research undertaken, the author concludes that Augustus, of course, sought to control the behavior of the kings-collaborators. Sometimes things got out of hand, and then the emperor should have intervened to resolve the resulting conflict of interests. The author asks: what did Augustus demand of vassal rulers? The answer is: loyalty and efficiency in the administration of the territories entrusted to them, which meant not only the timely dispatch to Rome of established monetary sums (tributes, taxes and other payments), but also to protect the local population from external enemies, as well as political stability and the rule of law. If it was all there and there was no danger, real or potential, for the peace and stability of the empire, Augustus overlooked extravagant matrimonial combinations, polygamy, conflicts with children and other excesses in the family life of dependent kings. But when it came to questioning loyalty and efficiency, Augustus was unmerciful and merciless in punishing the guilty. Immediate successors to Augustus rejected the Augustus project and gradually eliminated most vassal kingdoms, turning them into provinces under the control of the governors.

RESTRIÇÕES E IMPACTOS DA LEGISLAÇÃO AMBIENTAL NO MUNICÍPIO DE GUARAQUEÇABA, PR

FLORESTA ◽  
2013 ◽  
Vol 43 (3) ◽  
pp. 495 ◽  
Author(s):  
Roberto Rochadelli ◽  
Ivan Crespo Silva ◽  
Ana Lívia Kasseboehmer ◽  
Alessandro Vinicios Schneider ◽  
Roberto Tuyoshy Hosokawa
Keyword(s):  
National Park ◽  
Local Population ◽  
Environmental Issues ◽  
The Other ◽  
Local Context ◽  
North Coast ◽  
Environmental Conflicts ◽  
The North ◽  
Quality Life ◽  
The City

O município de Guaraqueçaba, localizado no litoral norte do estado do Paraná, possui aspectos de notável relevância ambiental no contexto brasileiro, especialmente por apresentar uma considerável quantidade de unidades de conservação (UC’s), cujo objetivo é proteger o terceiro mais importante complexo lagunar-estuarino do mundo e sua vasta cobertura de Floresta Atlântica, com elevada biodiversidade. Por outro lado, a região abriga comunidades tradicionais caiçaras. O objetivo deste trabalho foi, a partir de três anos de observação e tomada de dados das comunidades locais, diagnosticar e analisar os diferentes impactos decorrentes das restrições geradas pelas unidades de conservação, tomando-se a Área de Proteção Ambiental (APA) de Guaraqueçaba como centro de análise, bem como outros instrumentos legais de conservação atuantes nos municípios. Foram identificados impactos sociais, culturais e econômicos sobre a população, decorrentes dos instrumentos legais existentes, principalmente a APA de Guaraqueçaba e o Parque Nacional do Superagui. Os instrumentos restritivos da legislação ambiental, juntamente com as UCs existentes, criaram instabilidade entre os munícipes e forjaram conflitos ambientais, sendo desfavoráveis à melhoria da qualidade de vida da população local. A desconsideração do contexto local, na forma de saberes, condições sociais e econômicas, cultura, tradições e perspectivas, contribuiu para o agravamento dos conflitos identificados. AbstractEnvironmental law restrictions and impacts in Guaraqueçaba, PR. Guaraqueçaba city, located in the north coast of Paraná State, presents remarkable and relevant environmental issues, especially by aiming to protect one of the most important sea ecosystems of the world and its vast coverage of Atlantic Forest. On the other hand, the region shelters traditional communities. This research aimed to identify and analyze different recurrent impacts of the restrictions generated by the protected areas, having a Protected Area (APA) of Guaraqueçaba as the center of analysis, as well as the other conservation legal instruments in the city, considering its emblematic situation. It identified social, cultural and economic impacts on the Guaraqueçaba population caused by legal instruments, particularly the Guaraqueçaba APA and the Superagüi National Park. As one of the conclusions of the research is that restrictive law instruments and the existence of CU’s have created instability among the townspeople and had forged environmental conflicts, not favorable to the improvement of quality life of the local population. The disrespect in relation to the local context, as local knowledge, social and economic conditions, culture, traditions and its perspectives, has also contributed for the conflicts aggravation.Keywords: Conservancy units; environmental protection areas.

scholarly journals Indigenous data in effective humanitarian responses

2021 ◽  
Author(s):  
Wakanyi Hoffman
Keyword(s):  
Political Institutions ◽  
Human Life ◽  
Local Population ◽  
Local Context ◽  
International Strategy ◽  
Local Data ◽  
Post Colonial ◽  
Sustainable Solutions ◽  
Rural Settings ◽  
Communication Devices

In the international humanitarian landscape, crisis interventions are deployed based on a long-standing working culture that presupposes that local authorities are usually overwhelmed during a crisis and unable to mobilise local capacity. Thus, external human resource mobilisation is necessary. However, this may only be true in various instances, such as natural disasters, where rapid response is needed to extinguish further harm to human life. In most cases, there are no mechanisms to make prior assessments that can inform decision-makers about the kind of international assistance needed in the local context. This is because existing data for the availability of resources is produced mainly by international aid agencies and their governing political institutions. This database of knowledge, which leans heavily on a post-colonial Anglocentric viewpoint about ‘best practices’, is used as the baseline to assess the ability of potential partners to mobilise their resources, while failing to include the capacity of local agents to determine what capacity exists in a particular context, what they are already capable of delivering and how best to support their response system (United Nations International Strategy for Disaster Reduction [UNISDR] 2008). However, as access to digital communication devices and other globally useful technology in resource-constrained rural settings continues to emerge, this may soon change. This paper explores the ways in which Indigenous and local knowledge should contribute to the exploration of intelligent and sustainable solutions that are well-suited within the local context to mitigate and understand humanitarian crises before, during and after they occur, and how to curate, analyse and use local data and knowledge systems to create innovations that are sustainable and adaptive to the priorities of the local population.

scholarly journals International Investment Law and Community Interests

2018 ◽  
Author(s):  
Stephan W. Schill ◽  
Vladislav Djanic
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Global Economy ◽  
Dispute Settlement ◽  
Local Population ◽  
International Investment ◽  
Foreign Investors ◽  
International Investment Law ◽  
Investment Law ◽  
Legal Infrastructure

In contemporary discourse, international investment law and investor-state dispute settlement (ISDS) are often perceived as threats to community interests in one-sidedly protecting foreign investors and undermining public policies that are to the benefit of the local population and the international community. The chapter promotes a different perspective. First, it argues that international investment law properly construed can be conceptualized as protecting community interests, because it is part of the legal infrastructure necessary for the functioning of the global economy under a rule of law framework. Aimed at supporting economic growth, this helps further economic and noneconomic community interests, including sustainable development. Second, the chapter argues that international investment law and ISDS do not turn a blind eye to the conflicts that can arise between economic and noneconomic community interests, such as environmental protection or human rights. Instead, international investment law and ISDS have numerous mechanisms at their disposal for alleviating tensions with noneconomic community interests.

scholarly journals The Arab and post-communist transitions: Similarities, differences, and common lessons

2016 ◽  
Vol 66 (2) ◽  
pp. 181-212 ◽  
Author(s):  
Marek Dabrowski
Keyword(s):  
Rule Of Law ◽  
Economic Transition ◽  
Arab Countries ◽  
External Support ◽  
Soviet Bloc ◽  
New Wave ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
History Of

At the onset of the mass protests in 2010–2011, many politicians and experts suggested that Arab countries could learn from the experiences of the post-communist transition of the early 1990s. However, the geopolitical, historical, and socio-economic context of the Arab transition was different in many respects from that of the former Soviet bloc countries 20 years earlier. These differences became even more obvious five years later, in early 2016, when most Arab transition attempts ended either in a new wave of authoritarianism, or protracted bloody conflicts. Nonetheless, there are some common lessons to be learnt from the history of both transitions. They concern interrelations between the political and economic transition, the role of institutional checks and balances and the rule of law, the speed of reforms, the dangers of ethnic and sectarian conflicts, and the role of external support.

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