Considerations on Countering the Actions Aimed at Banning Access and Restricting Freedom of Action (A2AD)

Each state seeks to protect its territory from external threats using a wide range of forces and means, which combine the strike power with increased possibilities of detection given by the use of modern technologies. In this regard, we can see that some states have developed complex active and passive defense systems with the purpose of banning access and controlling certain key areas and aimed at both discouraging potential aggressors and protecting vital interests. For states with regional or global ambitions, the successful conduct of access operations in the area of operations, in a permissive, semi-permissive or hostile environment must be a priority. Access operations in a semi-permissive or hostile environment involve the use of tailored capabilities to deal with the opponent’s defense system and to overcome A2AD’s abilities.

Development Aid with Reciprocity: A Response to Imperialism and the Politics of Global Coloniality

This position paper seeks to identify the undermining of freedom and human rights, juxtaposed through the narrative of “so much ill and so little good” (Easterly, 2006) regarding traditional aid and cooperation. The hardships currently constructed by linear frameworks leave no space for countries to define their own developmental pathway. The inherent ideology of current constructs neglects local initiatives and freedom of action and needs to endorse humanistic dialogue or a shift in approach, rather than a radical change of content. This paper proposes a hybridised approach as a means to “restoring culture” in development for Development Aid with Reciprocity ‐the deepening of human rights in every sphere of development and increasing the voice of people. It is contended that development aid for reciprocity in direct relation to the benefit of assistance to the countries in question would provide a most positive approach to development.

Foucault and Hayek on public health and the road to serfdom

This paper draws on the work of Michel Foucault and Friedrich Hayek to understand threats to personal and enterprise freedom, arising from public health governance. Whereas public choice theory examines the incentives these institutions provide to agents, the analysis here understands those incentives as framed by discursive social constructions that affect the identity, power, and positionality of different actors. It shows how overlapping discourses of scientific rationalism may generate a ‘road to serfdom’ narrowing freedom of action and expression across an expanding terrain. As such, the paper contributes to the growing literature emphasising the importance of narratives, stories and metaphors as shaping political economic action in ways feeding through to outcomes and institutions.

Part VI Actors, Ch.35 The State

This chapter assesses the role of the state in international environmental law. The starting point is the Westphalian notion of states' unimpaired freedom of action, increasingly revealed as a ‘myth’. The chapter then considers ideas of contemporary statehood—an element of a global system of environmental governance. Contemporary statehood and its relevance for international environmental law can best be illuminated by focusing on the roles assumed by states as authors, addressees, and guardians of international law. Finally, the chapter discusses the changing role of states in light of ongoing transformations in the international legal system, including the growing plurality of actors, norms, and institutions, as well as the growth of inter-linked networks of states and other actors.

The Role of Artillery in Joint Fire Support

This article discusses the role of artillery in fire systems as a part of Joint Fire Support (JFS). The purpose of this article is to outline the functions, place and role of artillery as a component of JFS during operation and indicate important elements of JFS planning in the context of artillery. The article is mainly based on an analysis of the artillery of NATO and the USA. The author used theoretical research methods such as analysis and synthesis of information comprised in literature and source materials and the inference method to develop this article. The article described the main tasks and function of artillery in FS, the role and place of JFS in operation and selected elements of JFS planning. Artillery will executed fire support to create conditions that provide the supported commander freedom of action. Planning, coordinating and employment of all allocated JFS assets are essential parts of JFS. This is crucial to execute deconflict and avoid fratricide.

Part IV Normative Development, Ch.25 Soft Law

This chapter reviews how soft law has become a significant part of the evolutionary system of environmental law-making for three main reasons. First, it may be easier to reach agreement when the form is non-binding. The soft law approach allows states to tackle a problem collectively at a time when they do not want to shackle their freedom of action too firmly. Secondly, soft law instruments will normally be easier to supplement, amend, or replace than treaties, since all that is required is the adoption of a new resolution by the relevant international institution. Thirdly, it may be easier for some states to adhere to non-binding instruments because they can avoid the domestic treaty ratification process, and perhaps escape democratic accountability for the policy to which they have agreed. Whether soft law instruments have the same effect as a treaty, or any legal effect at all, will depend on the particular instrument and its relationship to customary international law and to specific treaties.

Problematika Konsep Diskresi dalam Penyelenggaraan Administrasi Pemerintahan pasca Undang-Undang Cipta Kerja

Purpose: The enactment of Law No. 11 of 2020 on Job Creation has modified several provisions governing government administration, one of which concerns discretion. Discretion, defined as the freedom of action of government officials when acting or making decisions, is redefined in the Job Creation Law, as the previous definition was deemed to obstruct investment by defining discretion as limited discretion. The community criticizes discretion, but the Job Creation Law's discretion is due to the numerous problems associated with this concept. Research Methodology: The study's problem formulation is as follows: How is the concept of discretion applied to government administration following the Job Creation Act? What issues arise as a result of the Job Creation Act's change in the concept of discretion? This legal research employs a normative juridical research methodology that combines a statutory and conceptual approach to map the concept of discretion in the Law on Job Creation and the resulting problems. Results: The Employment Creation Act expanded the concept of discretion by eliminating discretionary requirements that are inconsistent with applicable laws and regulations, resulting in several issues, including the possibility of issuing unconstitutional discretion, discretion that is inconsistent with the AUPB, and a concept of discretion that is too broad, disproportionate to the supervision of discretionary officials.

The role and place of artillery in combating “Anti-Access/Area Denial” A2/AD systems

The modern “Anti-Access/Area Denial” A2/AD systems are defined as a combination of all possible measures that can limit the ability of a potential opponent to enter and occupy a given area (operational theatre). Their action relies, among others, on radio-electronic disruption of digital guidance systems, communication, command and control systems, shooting down long-range maneuvering missiles, drones, and aircraft. The primary assumption of the anti-access concept is to deprive the enemy of the possibility of entering a given operational area (A2 – Anti-Access) through long-range destruction and depriving them of freedom of action in that theatre (AD – Area-Denial) by medium and short-range weapons. The Surface-to-Air Missiles (SAM), Anti-Ship Ballistic Missiles (ASBM), and Anti-Ship Manoeuvring Cruise Missile (ASCM) are used to carry out A2/AD tasks. Field artillery has also been used recently, particularly the Long-Range Precision Fires (LRPF). The purpose of the article is to determine the chance of using field artillery against the A2/AD systems. According to the authors, the NATO forces will lose control in the air in the first period of the conventional conflict with an equivalent opponent, and its rapid recovery will be a priority. Field artillery, as a weapon with ever greater possibilities of precise and deep destruction, can become a decisive factor, allowing dominance of A2/AD systems and enabling the implementation of tasks of its air-force and army aviation, as well as ground forces.

FREEDOM OF WILL AND CULPABILITY

Unlike animals (which are programmed by nature), the human being, at birth, brings with him an innate characteristic: freedom of action. In our legal-criminal system, after completing 18 years, the individual acquires the fullness of that freedom and, consequently, the capacity for culpability. This is because, from this age, it is assumed that the person achieves so-called self-determination, that is, the ability to direct alone to his own actions according to the formation of his independent will. In other words: legally it no longer requires the guidance of parents or guardians to direct their conduct. You have complete freedom of action.

Sight: a Socially Interactive Gesture-Aware Human-Following Transport System

Moving a wheelchair is a task which requires both the physical and mental engagement of either an assistant pushing it, or the rider controlling it. Pushing it can be physically demanding and limits the number of wheelchairs that can be moved, to one. Our research introduces a technology that may enable a wheelchair to independently follow the rider or assistant. This will allow the rider to disengage from the task of moving the wheelchair, and allow for more riders to be assisted by an assistant at one time. We have developed a Socially Interactive, Gesture-Aware, Human-Following, Transport system (SIGHT) in order to provide more freedom of action to assistants who are providing the same level of service to riders with less effort. Indeed, SIGHT allows for a human to interact with the wheelchair on a more social level. By using gestures, such as waving, the assistant and wheelchair can communicate.