Litigations with the home State and internationalization

Purpose This paper aims to investigate whether Foreign Direct Investment (FDI) can be driven by the creative compliance knowledge that firms gather in their home country through litigations with the government. Design/methodology/approach The authors draw on the knowledge-based view and organizational learning theory to argue that there is an inverted U-shaped relationship between experience in litigating with the home State and a firm’s level of FDI. The authors test this hypothesis using negative binomial regressions on a sample of Spanish listed firms for the period between 1986 and 2008. Findings The findings of this study confirm the hypothesized inverted U-shaped relationship between a firm’s experience in litigating with the home State and its FDI levels. Firms seem to face an exploration–exploitation dilemma regarding their compliance with domestic regulation. Once they have accumulated a certain amount of creative compliance knowledge, it would be better for them to exploit it both domestically and internationally in the form of creative compliance routines, instead of continuing to push the limits of regulation. Originality/value Firms willing to explore the gray areas of the law are usually forced to litigate with the State. As a result, they develop creative compliance knowledge that they can incorporate into their legal routines and capabilities so that they can later exploit it in foreign countries. To the best of the authors’ knowledge, this is the first paper that attempts to understand the influence of creative compliance knowledge on a firm’s international investments.

Home-State Interest, Nationalism, and the Legitimacy of the International Criminal Court

Although legitimacy is crucial for courts’ efficacy, the sources identified as legitimizing domestic institutions are weaker or absent altogether for international institutions. We use an original, preregistered, nationally representative survey experiment to show that perceived home-state interest strongly affects the legitimacy afforded by UK citizens to the International Criminal Court. Importantly, this relationship is moderated by nationalism. Our findings have implications for state actors in a position to act vis-á-vis international courts, elites seeking to alter opinions toward courts, and courts themselves weighing possible institutional costs of acting against noncompliant states.

Home State Oriented Diaspora Organizations and the Making of Partisan Citizens Abroad: Motivations, Discursive Frames, and Actions Towards Co-Opting the Turkish Diaspora in Europe

What motivates diasporas to support undemocratic rule in their countries of origin while enjoying democratic freedoms in their countries of settlement? This study adopts a meso-level approach to answer this question, and focuses on the Turkish diaspora in Europe as a case study. Lately, the diaspora governance literature has focused on official diaspora institutions and the policies of countries of origin. This study, alternatively, highlights “diasporic civic space” as an arena entrenching authoritarian practices “at home.” It investigates the conditions under which diasporic civic space can be co-opted by undemocratic countries of origin and the role of “home state oriented diaspora organizations” in this process of co-optation. The study shows that diasporic civic space can offer resources to undemocratic regimes to mobilize previously dormant diaspora communities and create a support base abroad that is driven by nationalism and partisanship. The empirical discussion unveils four factors behind the successful mobilization of diasporas by undemocratic countries of origin: (1) nationalist sentiments among the diaspora; (2) motivations to get a share from the perks that may be meted out by home country government; (3) feelings of insecurity, fear, and marginalization as immigrants; and (4) the desire to assert one’s identity and cultural ties vis-à-vis the majority in countries of settlement. The findings are based on the case of the Turkish diasporic civic space in Europe, which has recently been mobilized by a diaspora organization with political ties to the Justice and Development Party (AKP). Original data are drawn from semi-structured interviews conducted in 2018–2019 with members and representatives of major pro-AKP diaspora organization known as the Union of International Democrats (UID), as well as Alevi, Kurdish, and Islamist/conservative diaspora organizations in Sweden, Austria, Bosnia and Herzegovina, and Germany. The findings contribute to the understanding of undemocratic home states’ non-coercive and de-territorialized governance practices beyond their borders.

The brain drain as exploitation

When skilled individuals emigrate from developing states to developed states, they leave a burdened state behind and bring their valuable human capital to a state that enjoys vast advantages by comparison. Most of the normative debate to date on this so-called ‘brain drain’ has focused on the duties that skilled emigrants owe to their home state after they emigrate. This article shifts the focus to the question of whether their host state acquires special duties toward their home state and argues for an affirmative answer to that question. After identifying the conditions under which ‘exploitative free-riding’ can occur, the article shows that the brain drain is a case of exploitation that gives rise to special duties of compensation for developed host states.

Legal Issues

This chapter analyzes a patient’s right to have food and drink withheld when they lack decision-making capacity. Authorization for this decision typically comes from the patient’s advance directive. Yet, because the relevant statutory language varies materially from jurisdiction to jurisdiction, so does the permissibility of stopping eating and drinking by advance directive. Individuals may be able to circumvent statutory obstacles by either (1) completing a non-statutory advance directive, or (2) completing an advance directive in a permissive state and having it recognized in their home state. Furthermore, even in permissive jurisdictions, there may be challenges in implementing the directive because some incapacitated individuals in late-stage dementia may make utterances or gestures that suggest they want food and water. Individuals may be able to resolve the contradiction between the wishes of their past self and their present self by including “Ulysses clause” language in their advance directives.

O Corpo Racializado nos Muros da Cidade: imagem e decolonialidade nas intervenções urbanas de Éder Oliveira

A obra do artista contemporâneo paraense Éder Oliveira cria ressonâncias com o imaginário popular sobre os corpos racializados que pinta monocromaticamente nos muros da cidade de Belém do Pará. Este artigo traça paralelos entre autores decoloniais e o contexto brasileiro a partir da análise da obra de Oliveira. Ao esboçar as singularidades de seu trabalho, procuramos refletir sobre as potencialidades que este tem de instigar e dialogar com seus interlocutores, principalmente na problematização do racismo estrutural presente na sociedade brasileira. A partir dessa reflexão, buscamos ressaltar o importante viés crítico que a arte contemporânea exposta e acessível na cidade pode assumir na descolonização dos olhares e percepções sobre estes corpos.Palavras-Chave: Decolonialidade. Corpo. Imagem. Arte. Urbano. THE RACIALIZED BODY ON THE WALLS OF THE CITY:IMAGE AND DECOLONIALITY IN URBAN INTERVENTIONS BY ÉDER OLIVEIRA Abstract: The work of the contemporary artist Éder Oliveira from Pará, Brazil, creates resonances with popular imagination regarding bodies seen in a racial light that he paints in monochromatic murals in Belém, the capital city of his home state. This article draws parallels between decolonial authors and the Brazilian context from the analysis of Oliveira's work. When sketching the singularities of his work, we attempt to reflect on the potential it has to instigate and talk to the audience, especially on the problem of structural racism present in Brazilian society. From that reflection, we strive to highlight the important critical bias that contemporary art, when exposed and accessible throughout the city, can achieve when it comes to decolonizing the sights and perceptions on those bodies.Keywords: Decoloniality. Body. Image. Art. Urban.

Case C-66/18 Comm'n v. Hungary (C.J.E.U.)

The Court of Justice of the European Union (CJEU) delivered a judgment on October 6, 2020 in case C-66/18 following long deliberations. The case concerned an amendment to the Hungarian law on national higher education (HEA) in 2017, requiring both new and established foreign universities in Hungary (the host state) to prove that they had a physical campus in their home state and, if their host and home states failed to conclude an international treaty on the university's operation in Hungary within a period of six months, they were forced to close and leave the Hungarian market. Of the 24 established foreign university programs in Hungary in 2017, one was particularly affected by the new requirement: an American university operating in Hungary, whose founder was at odds with the Hungarian Government, was forced to stop admitting students.