Sovereign States in the Greenhouse: Does Jurisdiction Speak against Consumption- Based Emissions Accounting?

The paper investigates the significance of jurisdiction for the choice of accounting method of greenhouse gases. Making use of the distinction between retrospective and prospective responsibility, it assesses three different arguments from jurisdiction against consumption-based emissions accounting. It argues that one of these arguments, the effectiveness argument, provides a strong potential reason against consumptionbased emissions accounting. To the extent jurisdictional control is needed to reduce some emissions, and production-based accounting incentivizes states to reduce these emissions, there is a reason of environmental effectiveness for sticking with production-based accounting.

Yrkesgruppers anspråk på arbetet med barn i behov av särskilt stöd

This study aims to illuminate preschool teachers describe which occupational groups – preschool teachers and special educational needs coordinators (SENCOs) – claim jurisdiction (i.e. the area that the professional group controls) over the work with children in need of special support. The data consist of interviews with 15 preschool teachers. The analysis is based on Abbott's (1988) division of professional work into three aspects: a) formulation of a problem b) reasoning about the problem and c) treating the problem. One area where preschool teachers claim jurisdictional control is related to the formulation of the problem. When it comes to the aspect of the professional work which concerns reasoning about the problem, the preschool teachers report that SENCOs claim jurisdictional control instead. The results show a less straightforward image of the treatment of the problem. Preschool teachers sometimes report themselves to claim jurisdictional control over treatment and other times report that SENCOs have jurisdiction over the treatment of the problem. In the discussion, jurisdiction is related to the various aspects of professional work with children in need of special support and the issue of inclusion. The fact that SENCOs seem to have a strong jurisdiction over treatment and expert knowledge of children’s perceived shortcomings could contribute to the preschool teachers renouncing responsibility for children in need of special support. Another conclusion is that preschool teachers need to be strengthened in their professional roles and that increased special educational knowledge could contribute to preschool teachers feeling more secure in their professional roles and thus are able to meet all children’s needs in preschool.

Institute for the defense of human rights (ombudsman) in Canada

The article examines the institution for the protection of human rights (ombudsman) operating in Canada, represented by a variety of bodies, officials, and the specifics of their powers. Particular attention is paid to the Canadian Human Rights Commission — a human rights state body within whose jurisdiction is exercised control over public administration and private companies at the federal level on discrimination issues, as well as the Canadian Human Rights Tribunal, which, according to the author, performs a quasi-judicial role in exercising jurisdictional control. The author comes to the conclusion about the formation of a two-stage mechanism that ensures more effective protection of human rights.The article thoroughly examines the legal and institutional features of the status and powers of human rights commissions and ombudsmen operating at the provincial and territorial levels. The study allowed the author to identify the following features of the institution for the protection of human rights (ombudsman) in Canada: the prevailing decentralization, which is expressed in the autonomy of the provinces and the Federation in the establishment and consolidation of the status of officials and bodies carrying out human rights activities; institutional plurality, characterized by a variety of structures (bodies, officials), the scope of their powers aimed at protecting human rights; development of specialization of state human rights institutions in various areas (discrimination, labor relations, housing and others); formation of a “local” model of the ombudsman in non-state corporations and institutions. The author proposes to use the experience of the Canadian Human Rights Tribunal when developing the concept of a human rights court in Russia.

Operations of the Los Angeles Police Department Threat Management Unit and Crisis Support Response Section

The Los Angeles Police Department has developed a systematic approach to investigating and managing cases involving stalking, workplace violence, and threats to high-profile individuals, including celebrities and elected officials. The authors note that there is no checklist or “one size fits all” formula to successfully manage these cases. From the law enforcement perspective, successful case management comes from experience, a fundamental understanding of threat assessment principles, in-depth familiarity with applicable laws, and knowing the available resources within jurisdictional control. This chapter explores the nuances inherent in investigations of this type, the necessity to integrate multiple avenues of prevention and intervention, and the critical role that mental health plays.

The Indigenous Roots of the American Revolution

Euro-Americans existed firmly on the periphery of an Indigenous North America in 1763, hubristic claims of continental sovereignty notwithstanding. Nowhere is this reality more clear than in the Ohio Valley and Illinois Country. Try as it might, the post-1763 British Empire could not assume jurisdictional control over this space. Even to begin to try was a task requiring significant investment—both in terms of more systematic Indigenous diplomacy and in terms of reforming colonial political structures unfit to accommodate imperial western policy. North American officials understood the problems quite well and were willing to spearhead reform. Between 1763 and 1775 they supported increased investment to defray North American expenses. They called for programs that would end colonial corruption, something they feared undermined Indigenous diplomacy and made a mockery of the rule of law. Ultimately, they concluded that centralizing Indian affairs offered the best means by which to stabilize North America. Colonials (generally) and speculators and their surveyor corps (specifically) powerfully disagreed, however, seeing Indian country as an untapped resource and imperial restraints as threats to local autonomy. They rejected the idea of centralizing power over Indigenous affairs and used the rhetoric of British constitutional liberty to reframe corrupt behavior into something it emphatically was not.

Financial Incentives and Professionals’ Work Tasks: The Moderating Effects of Jurisdictional Dominance and Prominence

This research addresses the important question of how organizations can use financial incentives to influence the work tasks of their professional workforce—a constituency that is notoriously difficult to manage because of their specialized knowledge, considerable autonomy, strong socialization, and powerful professional norms. In particular, I explore how a baseline incentive effect is moderated by two features of professionals’ tasks and jurisdictions: jurisdictional dominance (i.e., how much the profession controls the provision of the task relative to other professions) and jurisdictional prominence (i.e., how commonly provided the task is within a profession relative to other tasks). Using data on thousands of physician tasks from Ontario, Canada, and a difference-in-differences empirical design, I find that professionals’ incentive responses are smaller when a profession has higher jurisdictional dominance over a task, but are larger when the task has higher jurisdictional prominence within the profession. This research contributes to the literature on professions and professionals in multiple ways. First, I introduce the concepts of jurisdictional dominance and jurisdictional prominence, distinguishing them from each other and from existing conceptions of professional control. Second, this study shows that financial incentives can be an effective tool for influencing professionals, but highlights that their efficacy is shaped by a task’s jurisdictional dominance and jurisdictional prominence. Finally, I show that these new conceptions of jurisdictional control influence professionals’ behaviors in meaningful ways and should therefore be considered in future studies of professions.

Actos y Disposiciones de las Juntas Generales ¿Alguno se sitúa al margen del control contencioso-administrativo?

LABURPENA: 29/1998 Legearen 1. xedapen gehigarriak «Lurralde Historikoetako Batzar Nagusiek Zuzenbide publikoari lotutako langileen eta ondare-kudeaketaren arloan hartutako egintza eta xedapenak» soilik auzi-kontrolaren mende jartzen dituela dioen interpretazioaren aurrean, esaten da ondorio juridikoak dituzten Batzar Nagusien egintza edo erabaki guztiak —legebiltzarrekoak edo administratiboak— administrazioarekiko auzien jurisdikzio-kontrolari lotuta daudela. Eta Batzar Nagusiek onartzen dituzten xedapen guztiak jurisdikzio beraren aurrean kontrola daitezke, nahiz eta foru-arau fiskalen kasuan haien kontrola auzien jurisdikzioaren eta jurisdikzio konstituzionalaren artean partekatuko den, Konstituzio Auzitegiaren 118/2016 Epaiaren 3. oinarri juridikoak ezarritako interpretazioaren arabera. ABSTRACT: Facing the interpretation that the 1st additional provision of Law 29/1998 only submit «the acts and provisions in matters of personnel and property management subject to public law adopted by the General Assemblies of the Historical Territories» to contentious control, it is upheld that all acts or agreements —parliamentary or administrative— of the General Assemblies, which cause legal effects, are subject to contentious-administrative jurisdictional control. And all the provisions approved by the General Assemblies are controllable before the same jurisdiction, although in the case of the Fiscal Foral Rules their control will be shared between the contentious and the constitutional jurisdiction, in the interpretive terms established by the 3rd legal basis (FJ) of the Constitutional Court Judgment (STC) 118/2016. RESUMEN: Frente a la interpretación de que la disposición adicional 1.ª de la Ley 29/1998 solo somete a control contencioso los «actos y disposiciones en materia de personal y gestión patrimonial sujetos al derecho público adoptados por las Juntas Generales de los Territorios Históricos», se sostiene que todos los actos o acuerdos —parlamentarios o administrativos— de las Juntas Generales, que causen efectos jurídicos, están sujetos al control jurisdiccional contencioso-administrativo. Y todas las disposiciones que aprueben las Juntas Generales son controlables ante la misma jurisdicción, aunque en el caso de las Normas Forales fiscales su control será compartido entre la jurisdicción contenciosa y la constitucional, en los términos interpretativos que ha fijado el FJ 3.º de la STC 118/2016.

Four Principles to Justify Claims to Jurisdiction and to Natural Resources in Antarctica

Global pressure over Antarctic resources will mount in the course of the coming decades. Three factors are likely to motivate states to claim jurisdictional rights or rights to natural resources in Antarctica: climate change, dwindling natural resources in the rest of the world, and the fact that – by virtue of Article IV of the Antarctic Treaty – the question of sovereignty remains unresolved. It is high time to think about the moral dimensions that should shape Antarctic claims in the future. Is there any state or group of states more entitled than others to make such claims? What does sound management of natural resources require? How should environmental concerns factor into decisions about jurisdictional control and appropriation of natural resources? With these broad questions in the background, in this article I examine four principles of justice that figure prominently in current theories of territorial rights and rights over natural resources in political philosophy: connection, capacity, fair distribution, and need. I show how these principles have been used by states, alone or in tandem, to justify claims to jurisdiction and claims to natural resources in Antarctica. After pointing to their main strengths and weaknesses, I suggest that they may be necessary, but insufficient to build a just framework for jurisdiction and appropriation of resources in the White Continent.

Secreto de Estado = State Secret

Resumen: En este trabajo me ocuparé de los problemas que plantea el recurso a los secretos de Estado en los sistemas democráticos, prestando especial atención a la forma como se regulan en el derecho español. Tras una breve aproximación al concepto, realizaré un examen crítico de los mecanismos de control y, en especial, del control jurisdiccional. El tema de los secretos de Estado es de máxima actualidad en España, debido a que el Grupo Parlamentario Vasco (EAJ-PNV) en el Congreso de los Diputados ha puesto en marcha un proceso de reforma de la Ley de secretos oficiales de 1968, que a día de hoy aún sigue vigente.Palabras clave: Secreto de Estado, publicidad, transparencia, actos políticos, actos discrecionales.Abstract: In this research I will deal with the problems posed by state secrets in democratic systems, paying special attention to the way in which they are regulated in Spanish law. After a brief approach to this concept, I will carry out a critical examination of the control mechanisms, and especially of the jurisdictional control. The issue of state secrets is a highly topical subject in Spain, because the Basque Parliamentary Group (EAJ-PNV) in the Chamber of Deputies has launched a process to reform the Official Secrets Act of 1968, which to this day it is currently valid. Keywords: State secret, publicity, transparency, political acts, discretionary acts.

Working from a distance? A study of Special Educational Needs Coordinators in Swedish preschools

The purpose of this study is to increase our knowledge of the tasks, perceptions and role of special educational needs coordinators (SENCOs) in preschools. The study is part of a total population study where all SENCOs in Sweden (n = 4252) who were examined by the examination acts of the years 2001, 2007, and 2008 were sent a questionnaire. In a later phase of the procedure, responses from SENCOs who work in preschools were extracted from the 3190 responses received and reported earlier. Thus, this study consists of 523 participants. The results show that coordinators’ working hours are primarily spent on consultation. SENCOs report that they are able to influence their colleagues’ views on children’s difficulties to a high degree. Regarding SENCOs’ perceptions of why children have difficulties in preschools, a large number of SENCOs indicate that this is because preschool is poorly prepared to handle children’s differences. The outcome is discussed using theories of professions and jurisdictional control.