Conflicted Reproductive Governance: The Co-existence of Rights-Based Approaches and Coercion in India’s Family Planning Policies

India’s current population policy is situated between two conflicting discourses of population management, one that is governed by a demographic rationale advocating strict State regulation of fertility, and the other that is delineated by a rights-based framework that promotes individual reproductive choice and bodily autonomy. In this chapter, I show how this conflicted policy discourse becomes supportive of processes that empower the State, rather than facilitate reproductive autonomy among claimants on the ground. The chapter draws on textual analysis of policy and programme documents and discussions with health providers, users and policy makers during long-term fieldwork in the state of Rajasthan. I show that, in their role in promoting regional state directives on reproductive health policies, health workers are at once agents and subjects of State policy processes and of their community’s ideologies, preferences and practices related to childbirth and reproductive care. It is in their work and embodied practice of family planning that we most clearly evidence the implications of ‘conflicted reproductive governance’. When health workers struggle for their own remuneration and recognition, the State’s rights-based health policy objectives will remain unreachable.

From a political to a judicial approach to extradition: A case for the consolidation of the requesting State’s rights in domestic extradition procedures

This article purports to analyze the role conferred to the requesting State in domestic extradition procedures. Despite the existence of a judicial control over extradition, the majority of States included in this study continue to view extradition as a political prerogative of the executive and leave the requesting State with little or no means to defend its request. This article argues in favor of the consolidation of the role of judicial authorities in the determination of extradition requests, along with a reinforcement of the requesting State’s ability to participate in this process.

Part IV Treaty Application, 14 Treaty Amendments

This chapter explores treaty amendments — an area where the practice regularly departs from the default rules of the 1969 Vienna Convention on the Law of Treaties (VCLT), including procedural mechanisms that affect amendments without requiring each party’s explicit consent. The Convention built on draft articles that the International Law Commission (ILC) submitted to the UN General Assembly in 1966. With some notable exceptions, the VCLT codified the existing customary international law on treaties. The topic of treaty amendment came to be included in the ILC’s draft articles only in 1964. Given the basic principle that a State’s rights under a treaty could not be modified without their consent, amendments were widely seen as raising political and diplomatic, rather than legal, issues.

Epilogue

The epilogue reflects on what happened to the prisoners who brought civil suits to Texas and frames the legal and political legacy of Ruiz within the current political moment of national prison strikes and the ongoing struggle over mass incarceration. The chapter considers Ruiz’s legacy through the lens of the Tennessee prison hostage crisis of 1985 as well as ongoing contemporary prisoner politicization over mass incarceration. It considers the development of the Prison Litigation Reform Act as part of carceral federalism’s effort to overturn judicial intervention in favor a return to state’s rights and control of its prison systems. It concludes with an analysis the country’s first national prison strikes of 2016 and 2018 as critical moments tied to Ruiz and the case’s political legacy.

The role of citizenship in building a strong state "Iraq as a model"

Citizenship is a social, legal and political association that contributed significantly to the development of the human society besides promoting the state to equality, justice and equity, in the sense that it is not an ethnic or religious one. There are constitutions that regulate the lives of citizens and preserve their various rights and have duties towards their state, in the sense that they preserve the state's rights towards citizens, and lead to increased confidence in the citizen and the state towards one another. Therefore, citizenship is not only texts and documents, but holds responsibility on an equal footing, and prioritize the public interests of society and the state over private interests by respecting laws and laws and protecting the state when it is in danger, which creates a positive, effective and continuous citizenship, and establishes a partnership in the development of society through Citizen and state at the same time.

Interrelated and Correlated

This chapter describes quantifying events in America and their historical context. The cotton gin is invented and has tremendous impact on the country, bringing sentiments of taxation and slavery to the fore, for state’s rights. Events leading to the American Civil War are described, as are other circumstances leading to the Industrial Revolution, first in England and then moving to America. Karl Pearson is introduced with description of his The Grammar of Science, as well as his approach to scholarship as first defining a philosophy of science, which has dominated much of scientific research from the time of the book’s publication to today. Pearson’s invention of the coefficient of correlation is described, and his other contributions to statistics are mentioned: standard deviation, skewness, kurtosis, and goodness of fit, as well as his formal introduction of the contingency table.

New Situations Demand Old Magic

Nicholas Rush Smith’s chapter explores collective violence in postapartheid South Africa, where vigilante violence involving an attempt to necklace alleged criminals has been common. That the necklace--placing a gasoline filled tire around the neck of a victim and setting it alight--is frequently deployed is surprising, Smith asserts, because the struggle against apartheid was, in important ways, a struggle for a procedural rights-based legal system, something necklacing undermines. Moreover, necklacing was originally developed as a tool to sanction political threats under apartheid, whereas today it is primarily used as a technique to punish criminals. Why, Smith asks, is necklacing still practiced twenty years after the dawn of democracy given that it was first implemented as part of the struggle against apartheid? Smith’s chapter argues that citizens deploying the necklace challenge the postapartheid state’s-rights-based legal system, which South Africans often argue enables insecurity and immorality, to proliferate; rhetorically and ideologically, this in some ways parallels the criticisms that American lynchers often made of procedural, due process rights. Through its spectacular violence, the necklace dramatizes these critiques of the democratic legal order much like it dramatized critiques of the apartheid state.

“Negro and White Unite”

Nicholas Rush Smith’s chapter explores collective violence in postapartheid South Africa, where vigilante violence involving an attempt to necklace alleged criminals has been common. That the necklace--placing a gasoline filled tire around the neck of a victim and setting it alight--is frequently deployed is surprising, Smith asserts, because the struggle against apartheid was, in important ways, a struggle for a procedural rights-based legal system, something necklacing undermines. Moreover, necklacing was originally developed as a tool to sanction political threats under apartheid, whereas today it is primarily used as a technique to punish criminals. Why, Smith asks, is necklacing still practiced twenty years after the dawn of democracy given that it was first implemented as part of the struggle against apartheid? Smith’s chapter argues that citizens deploying the necklace challenge the postapartheid state’s-rights-based legal system, which South Africans often argue enables insecurity and immorality, to proliferate; rhetorically and ideologically, this in some ways parallels the criticisms that American lynchers often made of procedural, due process rights. Through its spectacular violence, the necklace dramatizes these critiques of the democratic legal order much like it dramatized critiques of the apartheid state.

HAK MENGUASAI NEGARA DALAM SISTEM TATA KELOLA MINYAK DAN GAS BUMI: ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 36/PUU-X/2012 / The State Control Rights In Oil And Gas Management System: The Analysis Of Constitutional Decision No 36/PUU-X/2012

Putusan Mahkamah Konstitusi Nomor 36/PUU-X/2012 tentang judicial review UU No. 22 Tahun 2001 tentang Minyak dan Gas Bumi telah menimbulkan perdebatan publik tentang sistem tata kelola minyak dan gas bumi di Indonesia. Adapun hasil yang ditemukan dalam penelitian ini yaitu, Pertama, konsep “hak menguasai negara” dalam Pasal 33 UUD 1945 secara filosofis berangkat dari konstruksi Pancasila yang memberikan kekuasaan kepada negara untuk campur tangan dalam pengelolaan sumber daya alam demi mewujudkan sebesar-besarnya kemakmuran rakyat, namun pada saat yang sama tetap memberikan peluang bagi kepemilikan perdata sepanjang tidak mendegradasi peran negara dalam pengambilan keputusan dan penentuan kebijakan. Kedua, Putusan Mahkamah Konstitusi Nomor 36/PUU-X/2012 tidak membatasi kewenangan Pemerintah dan DPR untuk membentuk badan pengelola migas tertentu sejauh tidak bertentangan dengan opsi yang terdapat dalam pertimbangan hukum MK, yakni BUMN atau Pemerintah. Terminologi “Pemerintah” dalam pertimbangan hukum MK memiliki makna yang jauh lebih luas dan tak harus dibatasi pada Kementerian ESDM, namun mencakup pula BUMN atau badan independen yang mungkin dibentuk oleh pemerintah berdasarkan peraturan perundang-undangan.The Constitutional Court Decision No. 36 / PUU-X / 2012 concerning the unconstitutionality of BP Migas in Law No. 22 of 2001 on Oil and Gas has provoked public debate about the management systems of Indonesian oil and gas. This study focuses on the following questions: First, what the meaning and the concept of the state control rights of oil and gas under the 1945 Constitution of The Republic of Indonesia?; Second, what what are the legal consequences of the Constitutional Court Decision No. 36/PUU-X/2012 on the national oil and gas management policy?. The results of the study shows the following conclusions. First, the concept of state’s rights in Article 33 of the 1945 Constitution of the Republic of Indonesia philosophically derived from the construction of Pancasila which empowers the state to involve in the management of natural resources in order to provide the prosperity of the people, but at the same time providing opportunities for private ownership as far as not to degrade the state's role in determining the decision-making and policy-making. Secondly, the Constitutional Court Decision No. 36/PUU-X/2012 does not limit the authority of the Government and the Parliament to form any oil and gas administrative body to the extent not contrary to the options proposed by the Constitutional Court, i.e. the state-owned enterprises or the government. The term ‘government’ in the legal consideration of the Constitutional Court has a much broader meaning and should not be limited to the Ministry of Energy, but also includes the SOE itself or an independent agency that may be established by the government based on the law.

Kedaulatan teritorial negara: kepentingan material dan nilai simbolik

This article discusses state’s rights ofterritorial sovereignty, aimed at juxtaposing both the components of material interest and symbolic value. Arguably, states are supposed to be the legitimate owner of the rights of territorial sovereignty, as comprising jurisdiction authority, the right to benefit from natural resources, and control over border. This line of reasoning is consistent with the contemporary socio-political conception expressed by, for example David Miller. Its intellectual explanationshave, at first, been rendered by the statist theory drawn upon three tendencies of utilitarian argument, Kantian and Lockean philosophy. The nationalist theory, however, comes to revise the statist one. To conclude, the article presents some research agendas significant and salient for developing theory of state’s sovereignty in the expanding international system.