TANGGUNG JAWAB NEGARA ATAS DIGUNAKANNYA SENJATA SPACE-BASED MISSILE INTERCEPTOR SEBAGAI BENTUK UPAYA SELF-DEFENSE DARI NEGARA PENYERANG TERHADAP NEGARA PIHAK KETIGA DITINJAU DARI HUKUM INTERNASIONAL

Self-defense as an inherent right owned by a country is regulated in Article 51 of the UN Charter and due to the use of Space-Based Missile Interceptor (SBMI) weapons in space, the 1967 outer space treaty must also be guided. Because Article 4 of the 1967 Outer Space Treaty prohibits the use of weapons in space, the legality of using SBMI weapons is questionable. Therefore, this study was conducted to determine the legal provisions, forms of state accountability and the process of prosecuting compensation for countries using these weapons according to international law. The results of the study indicate that the use of SBMI weapons does not conflict with international law, because it is based on Article 103 of the UN Charter which states that if there are provisions in other legal rules that are contrary to the UN Charter, the UN Charter must be guided. So that self-defense actions based on Article 51 of the UN Charter do not violate the law. The party that must be absolutely responsible is the country that started the conflict, because it has violated the rules of international law in Article 2 paragraph (4) of the UN Charter and international humanitarian law. The compensation process is carried out according to the rules of the space liability convention 1972 and if in practice the party who is responsible does not show good faith in providing compensation, then it can be continued by referring to the dispute resolution process in the UN Charter.

From Kyoto to Paris: Problematic route of state responsibility for climate change

Anthropogenic climate change is one of the effects of carbon dioxide emissions from the use of fossil fuels. The Climate Change International Legal Regime consisting of primary rules set out in international treaties has been established to reduce greenhouse gas emissions. Due to the lack of special secondary rules in this regime, a violation of its primary rules leads to applying the general rules of state responsibility in DARSIWA. The question is whether these general rules are compelling enough. The article shows that the attribution of GHG emissions to states is complex due to the lack of a specific causal relationship and diversity of GHG emitters. In addition, there is no absolute and comprehensive obligation for GHG emission under the climate change legal regime, which could hold the emitting state responsible. In addition, assuming the compensation as an inherent consequence of responsibility, state accountability rules cannot effectively deal with climate change because of the cumulative nature of damages and the discarding of compensation from the relevant treaties, particularly from the Paris Agreement. Therefore, in addition to the legal liability of states, other dimension of their responsibility including ethical responsibility should also be considered as much as possible.

Institutional Trust and Corruption: Evidence from Latin America

Durante décadas de mudanças políticas e sociais, a corrupção se tornou um fator pervasivo e habitual nos governos latino-americanos. A literatura sobre a economia política da corrupção debate, em grande parte, os impactos negativos que políticas anticorrupção ineficientes têm na responsividade do Estado (state accountability). Sem dúvida, este trabalho contribui para a literatura ao oferecer evidências importantes de suporte para esse assunto. Com dados do Latinobarómetro coletados entre 2006 e 2010, este estudo explora a relação entre a percepção dos cidadãos em relação à corrupção e à confiança nas instituições públicas, mais comumente chamada de confiança institucional. Evidências empíricas sugerem que a confiança dos cidadãos cresce se eles percebem melhoras na redução da corrupção. Esses resultados são robustos também para a inclusão de várias covariáveis socioeconômicas, bem como quando replicamos a análise para cada item de confiança institucional separadamente. Nossa análise inevitavelmente estabelece relação com a literatura sobre a qualidade das instituições governamentais e faz do contexto latino-americano o novo terreno geopolítico para esse debate complexo.

Regulating for gender-equitable decent work in social and community services: Bringing the state back in

This article explores the potential of regulatory and policy reform for gender-equitable decent work in social and community services, a rapidly growing sector of female employment in many Organisation for Economic Co-operation and Development countries. Along with other feminised sectors, employment in this sector is marked by low rates of unionisation, poor pay and fragmented, insecure working hours. Internationally, gig economy work is now appearing in the sector. A distinguishing feature of the sector is employers’ reliance on government funding through contracted services or via direct payments to individuals. The distance of government from accountability for workers in publicly funded services directly contributes to gendered undervaluation and poor working conditions. However, the presence of the state also provides options for regulatory reform. This article considers the different roles played by government, as employment regulator, as funding and bargaining actor and as market manager and care regulator. Adopting a broad conception of regulation, it canvasses options for bringing the state back in to address gender inequality and precarious work. In the Australian context, it examines potential for rebuilding state accountability for gender-equitable decent work in individualised social care in which the gender inequalities and poor working conditions present in social and community services are amplified.

Adding “Student Voice” to the Mix: Perception Surveys and State Accountability Systems

For the past two decades, student perception surveys have become standard tools in data collection efforts. At the state level, however, “student voice” is still used sparingly. In this study, we examine the ways in which including student survey results might alter state accountability determinations. Reconstructing the accountability system in Massachusetts, we draw on a unique set of student survey data, which we add to the state’s formula at a maximally feasible dosage in order to determine new school ratings. As we find, student survey data shift school accountability ratings in small but meaningful ways and appear to enhance functional validity. Student survey results introduce information about school quality that is not captured by typical accountability metrics, correlate moderately with test score growth, and are not predicted by student demographic variables.