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1
Archard, David. "Moral Compromise." Philosophy 87, no. 3 (June 15, 2012): 403–20. http://dx.doi.org/10.1017/s0031819112000265.
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AbstractA moral compromise is a compromise on moral matters; it is agreement in the face of moral disagreement but where there is agreement on the importance of consensus – namely that it secures a morally desirable outcome. It is distinguishable from other forms of agreement, and an important distinction between moral compromise with public agreement and moral compromise with public disagreement is also made. Circumstances in which the former might be permissible are outlined, and the sense in which it is allowed all things considered to agree is made clear. The relevant discussions of Dan Brock and Mary Warnock on the role of the philosopher to public policy are critically reviewed. Finally, a brief list is offered of the considerations relevant to an estimation of whether and, if so, when such compromise is allowed.
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Kornprobst, Markus. "How Rhetorical Strategies Reproduce Compromise Agreements: The Case of the Nuclear Non-Proliferation Regime." Government and Opposition 47, no. 3 (2012): 342–67. http://dx.doi.org/10.1111/j.1477-7053.2012.01366.x.
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AbstractHow do actors, once they have reached agreement on a compromise, make this compromise persist? Being rooted in mutual concessions, it can never be taken for granted that compromises, once agreed upon, stay in place. Contestation about compliance is something that is very much to be expected and does not inevitably destabilize a compromise. Whether such a destabilization occurs or not depends on how actors communicate with one another. I contend that whether compromise persists or not has a great deal to do with the interplay of offensive and defensive rhetorical strategies that actors employ. I identify six offensive strategies (recourse, elaboration, entrapment, accusation, ostracism, abandonment) and six defensive ones (accommodation, placation, denial, deflection, inattentiveness, rejection), and chart the degrees to which offensive–defensive exchanges of strategies are conducive to reproducing compromises. Recourse–accommodation interplays on the one hand (most conducive) and abandonment–rejection interplays on the other (least conducive) form the poles of the spectrum of exchanges. I probe my theoretical framework by inquiring into the stability of the grand compromise that underpins the nuclear non-proliferation regime. The findings support my framework. The parties have tended to stay away from heavy rhetorical artillery and stuck to less robust rhetorical strategies. Elaboration and placation strategies have played a particularly important role for making the grand compromise persist.
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Baer, Miriam. "Too Vast to Succeed." Michigan Law Review, no. 114.6 (2016): 1109. http://dx.doi.org/10.36644/mlr.114.6.vast.
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If sunlight is, in Justice Brandeis’s words, “the best of disinfectants,” then Brandon Garrett’s latest book, Too Big to Jail: How Prosecutors Compromise with Corporations might best be conceptualized as a heroic attempt to apply judicious amounts of Lysol to the murky world of federal corporate prosecutions. “How Prosecutors Compromise with Corporations” is the book’s neutral- sounding secondary title, but even casual readers will quickly realize that Garrett means that prosecutors compromise too much with corporations, in part because they fear the collateral consequences of a corporation’s criminal indictment. Through an innovation known as the Deferred Prosecution Agreement, or DPA, prosecutors reach extrajudicial contractual agreements with corporations. Although prosecutors have long touted the transformative potential of these agreements, Garrett concludes that their benefits are often superficial and short-lived. Moreover, prosecutors negotiate these compromises with little oversight or accountability. Even worse, this overly soft approach toward entities has infected prosecutorial resolve to prosecute individual offenders, thereby enabling corporate managers to escape liability for their criminal wrongdoing. No wonder, then, that Garrett perceives a grievous accountability gap in the corporate crime landscape.
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Cejudo Córdoba, Rafael. "Making Sense of Doing Wrong: On the Justification of Compromise Decisions." Crítica (México D. F. En línea) 45, no. 135 (December 10, 2013): 29–53. http://dx.doi.org/10.22201/iifs.18704905e.2013.670.
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This paper holds that compromises are a kind of agreement and also a kind of decision. The main objectives are: 1) to identify the formal structure of compromise situations, or predicaments where some compromise decision (CD) is unavoidable, including CDs that jeopardize the decision-maker’s integrity; 2) through Amartya Sen’s notions of basic and compulsive judgments, to establish when a CD in a situation of compromise could be morally justified. It concludes that justified CDs involve a rationally justified moral regret which helps to bridge the gap between deontology and consequentialism.
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Hussenot, Anthony. "Toward a process and situated view of compromises." International Journal of Organizational Analysis 24, no. 5 (November 7, 2016): 835–55. http://dx.doi.org/10.1108/ijoa-01-2015-0838.
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Purpose To understand how collaborative work practices emerge and evolve throughout activities, the purpose of this paper is to comprehend the making of compromises from a process view. Compromises are here understood as constantly evolving throughout activities. Design/methodology/approach The author relies on the Actor-Network Theory to define two dynamics participating in the making of compromises: the translation and the association. These two dynamics are then illustrated with a case study about the development of a Human Resource Management device that took place in a bank in Luxembourg. From this case, the author focuses on the emergence of various compromises about the project’s purpose. Findings Based on the insights brought by the theoretical framework and case studies, compromise is understood as a temporary result of the translations and associations between humans and non-humans. Compromise is also anything that is shared by actors (meaning, categories, objectives, etc). that enables them to make their collective activity possible. This process view of compromises makes three contributions: it fully recognizes that compromise is not stable but situated in practices, it highlights the mediating role of compromises and it insists on the interrelation between compromises throughout the activity. Originality/value The matter of compromise has mainly been studied from a moral standpoint as a stable agreement, whatever the context. This article also provides an alternative approach to understanding compromise as situated in practices.
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Linos, Katerina, and Tom Pegram. "The Language of Compromise in International Agreements." International Organization 70, no. 3 (2016): 587–621. http://dx.doi.org/10.1017/s0020818316000138.
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AbstractTo reach agreement, international negotiators often compromise by using flexible language: they make controversial provisions vague, or add options and caveats. Does flexibility in agreement language influence subsequent state behavior? If so, do states follow both firm and flexible language somewhat, as negotiators hope? Or do governments respond strategically, increasing their energies on firmly specified tasks, and reducing their efforts on flexibly specified ones? Testing theories about agreement language is difficult because states often reserve flexible language for controversial provisions. To make causal claims, we study an unusually drafted agreement in which states had almost no opportunity to dilute agreement language. We examine the influence of the 1991 Paris Principles on the Design of National Human Rights Institutions (NHRIs), using an original data set of twenty-two institutional safeguards of NHRIs in 107 countries, and case studies. We find that variations in agreement language can have large effects on state behavior, even when the entire agreement is nonbinding. Both democracies and authoritarian states followed the principles' firm terms closely. However, authoritarian states either ignored or reduced their efforts on flexibly specified tasks. If flexibly specifying a task is no different from omitting it altogether, as our data suggest, the costs of compromise are much greater than previously believed.
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Kohutych, I. "TACTICAL COMPONENTS OF THE PROSECUTOR’S ACTIONS TO CONCLUDE A PLEA AGREEMENT FOR THE ACCUSED." Criminalistics and Forensics, no. 66 (2021): 243–57. http://dx.doi.org/10.33994/kndise.2021.66.20.
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The article is devoted to the study of certain tactical aspects of the he prosecutor’s participation in the conclusion of an agreement on the confession of guilt by the accused. It is concluded that it is necessary to develop a system of forensic recommendations regarding the provision of this direction of the prosecutor’s activity in court proceedings. It is stated that the institution of criminal procedure has appeared in Ukraine based on agreements, that is, a mechanism with separate contractual (compromise) elements during the resolution of criminal legal conflicts, which belongs to the so-called special orders of criminal proceedings. It is noted that, in contrast to the sufficient attention of scientists to the issues of procedural regulation of criminal proceedings based on agreements, the tactical aspects of the activities of the prosecutor almost get out of sight of scientific research, which is in no way consistent with modern challenges of combating crime. It has been established that the activities of the prosecutor to conclude an agreement on the confession of guilt by the accused and his/her judicial approval are cognitive and organizationally diverse, requiring appropriate tactical support (provision). This support will be a new direction of tactical and forensic support of the so-called compromise procedures in criminal proceedings. It should contain recommendations, at least regarding localization of an unproductive conflict between the prosecution and the accused, as well as unpredictable compromises between other participants in criminal proceedings. It should contain recommendations the availability of adequate ways to convince the accused of the futility of his/her opposition to the prosecutor and the court and the need to cooperate with them based on feedback, taking into account the specifics of professional defense and a situational analysis of one or another variant of defense tactics. In the context of the prosecutor’s activities to conclude an agreement on the plea of the accused, the most relevant is the so-called negotiation tactics. In the mainstream of the analyzed subject, it would be more expedient to call it the tactics of prosecutorial persuasion and ensuring compromise procedures in the criminal process. Its constituent elements are a system of recommendations regarding the organizational, informational and resource-personnel support of the prosecutor’s activities to conclude an agreement on the plea of the accused in order to a) make it impossible for the relevant participants in the criminal process to formally treat their duties; b) prevent unpredictable compromises between the defense and the victim, as well as prosecution witnesses; c) promote exclusively objective media coverage of the real state of affairs (in conditions of journalistic interest in a specific compromise procedure). At least, this will already become the basis for the effective use of tactics of creating conditions for the preparation and direct conclusion of an agreement on the plea of the accused.
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Parijs, Philippe Van. "What Makes a Good Compromise?" Government and Opposition 47, no. 3 (2012): 466–80. http://dx.doi.org/10.1111/j.1477-7053.2012.01371.x.
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AbstractA compromise is an agreement that involves mutual concessions. Each party gets less than it feels entitled to, but agrees to it because the situation it anticipates under the deal is better than the one it expects in the absence of a deal: conflict, exit or arbitration by a third party. Some compromises, however, are bad, and others are good. This article discusses three conjectures about what it is that makes a compromise good. Is a good compromise an honourable compromise, one that enables each party to save face? Is it rather a fair compromise, one that contributes to the progress of justice independently defined? Or is it a Pareto-improving compromise, one that changes things in such a way that it ends up making everyone better off than under the status quo? A compromise is never as good as a consensus, but it is generally better than nothing, and often achievable when a consensus is not. And when it is, trying to make it as good as possible in each of the three ways described is always worthwhile.
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Kelly, T. Mills. "Last Best Chance or Last Gasp? The Compromise of 1905 and Czech Politics in Moravia." Austrian History Yearbook 34 (January 2003): 279–301. http://dx.doi.org/10.1017/s006723780002052x.
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On November 27, 1905, leading members of the Czech and German communities in Moravia agreed to a political compromise that divided power in the provincial diet between Czechs, Germans, and members of the landowning and ecclesiastical aristocracy. Over the next few years, the Moravian agreement was used as a model for political compromises in Bukovina (1910) and Galicia (1914).1 For decades historians hailed the Moravian compromise and its successors as evidence that the feuding nations of the late Habsburg monarchy could indeed find sufficient common ground to live together in peace. Although in the past decade scholars generally have taken a more cautious approach to the results of these compromises, much of this work betrays a sense of disappointment over a missed opportunity. Somehow, the Czech-German compromise in Moravia might have become a model for ethnic cooperation, proof that the monarchy's contentious national communities could work out their differences and live together, or at least a sign
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Sheludiakov, R. S., O. Yu Biloshenko, and Yu S. Chabanenko. "INDIVIDUAL LEGAL AGREEMENT AS A FORM OF LEGAL COMPROMISE." State and Regions. Series: Law, no. 1 (2021): 42–47. http://dx.doi.org/10.32840/1813-338x-2021.1.7.
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Permana, Rizky Banyualam. "PENYELESAIAN SENGKETA DALAM PERJANJIAN PERDAGANGAN MEGAREGIONAL: REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP (RCEP) AGREEMENT." Arena Hukum 16, no. 1 (April 27, 2023): 147–72. http://dx.doi.org/10.21776/ub.arenahukum.2023.01601.8.
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In 2020, the Regional Comprehensive Economic Partnership (RCEP) agreement was signed. The RCEP Agreement is the largest regional trade agreement in the world in terms of total GDP. In the Asia-Pacific region, there are various regional and bilateral trade agreements that lead to not only overlapping of substantive provisions, but also overlapping of dispute settlement for a. It is important to review the procedural aspects RCEP agreement to as the means to enforce the rules and commitments in the RCEP for its member countries, especially with regard to Indonesia. This study concludes that although the RCEP has its own dispute resolution mechanism procedures, the formulation of the provisions in the RCEP shows compromise of the negotiation outcome, typical in ASEAN agreements. This would become the hindrance to the effective implementation and implementation of the agreement.
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Bobrovnyk, S. V. "Legal relations in the field of legal conflict and compromise: features, content and practical significance." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 54–60. http://dx.doi.org/10.33663/2524-017x-2022-13-8.
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The relevance of a comprehensive study of the phenomena of compromise and conflict relations is due to the lack of special studies of the concept, features, content and nature of these categories, the prospects for the use of compromise relations in practice to overcome conflict situations. Analyzing the various scientific approaches to understanding conflicting relationships, we can conclude that the most common are: Conflict approach, activity approach, material approach, formal (procedural) approach. Based on existing approaches to understanding conflict relationships and their features, we will try to identify the most inherent features: first, the subject is social or material values, about which there are conflict situations; secondly, encourage the mobilization of legal relations; third, accompanied by increased emotionality of participants; fourth, determined by objective and subjective preconditions; fifth, it is both bilateral and multilateral; sixth, the confrontation of values and intentions of the participants; seventh, they may be latent or overt. These features of the manifestation of conflicting legal relations are the basis for determining their legal nature. In our opinion, the characteristic features of compromise legal relations include the following: is a prerequisite for resolving conflicting legal relations; can be directed both to a specific subject and to an indefinite number of persons; a necessary condition for the emergence, change and termination of compromise legal relations is the presence of a compromise rule; a necessary condition for a compromise legal relationship is the presence of agreement between their participants; aimed at regulating, protecting and defending the rights and freedoms of participants; compromise legal relations are a legal mechanism for regulating the consent of the subjects; Legal conflict and legal compromise are manifested in various types of legal relations, in particular in their content through forms of realization of rights. At the same time, the main types of forms of realization of rights in the presence of legal conflicts are their implementation and observance. Legal conflicts, the dynamics of which is carried out within the framework of compliance with legal norms is directly related to their use. This is due to the fact that each right of one entity corresponds to the corresponding duty of another. Such legal conflicts within the framework of the above forms of law enforcement exist in all branches of law. The most common means of compromising the right to compromise conflicts that arise when participants exercise their rights and perform their duties are: making changes and additions to the law; adoption of law enforcement decisions by specially authorized entities, first of all, competent bodies in resolving conflict situations, in particular by courts; the need to take into account foreign experience in resolving anthological conflict situations, etc. – definition of measures and forms of guarantee of the reached agreement. Thus, the structural and functional elements of a legal compromise include: the existence of a conflict situation that requires resolution; goal; the initiator of the compromise agreement; determination of the criterion of the moment when further intransigence, refusal to mutually discuss ways out of the situation leads to significant personal material and moral losses; psychological and intellectual willingness to cooperate on terms of compromise; voluntary compromise decision-making; preparation for a compromise decision and determination of the essence of the compromise agreement with discussion of the content of concessions; independence of the choice of the decision-making option by the parties; concluding a compromise agreement; creating conditions for the impossibility of evading the implementation of the compromise agreement; obtaining positive consequences as the end result of a compromise in the form of a desired interest, a positive moral and psychological state. Certain elements of compromise are interconnected, have their own logic of interaction and, in fact, constitute a specific effective regulatory mechanism, born in the practice of human life. This mechanism has a structure of a linear type that corresponds to logic: from goal-setting to the fastest achievement of the goal with the least losses - psychological, material, time, and so on. Key words: legal conflict, legal compromise, legal relations, content of legal relations, conflict situation.
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Ismail, R. "Contentious Issues Arising from Payments made in Full and Final Settlement." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (July 4, 2017): 153. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2788.
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Payments made in full and final settlement have on several occasions presented interpretative difficulties for our judiciary, as will become apparent from this case discussion: Be Bop A Lula Manufacturing & Printing v Kingtex Marketing 2008 3 SA 327 (SCA). The Supreme Court of Appeal reversed the judgments of the trial court and the appeal court (full bench of the Cape Provincial Division) which were in favour of the creditor. In such cases, the essential enquiry is whether an agreement of compromise exists. A transactio or compromise (in the form of a legal agreement) exists where the relevant parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance. The first material enquiry in this case wherein the debtor delivered the cheque payment to the creditor (in full and final settlement of the account), is whether 1) an intended offer of compromise exists; or 2) did the debtor merely intend to make payment towards an admitted liability. The court in the Be Bop (SCA) case came to the correct finding that an offer of compromise existed. Whilst the judgment is brief, the finding itself gives practical recognition to the principle that admission of liability for a specific amount, accompanied by payment (in full and final settlement), may still be accompanied by an intended offer of compromise, instead of merely making payment towards an admission of liability.
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Rodrigues, Daniel. "Civility, Trust, and Responding to Echo Chambers." Dialogue 60, no. 3 (December 2021): 403–13. http://dx.doi.org/10.1017/s0012217321000299.
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AbstractDue to the rampant epistemic distrust present in echo chamber members towards outsiders, responding to echo chambers with civil debate is unlikely to lead to any agreement or compromise. Moreover, a civil response may contribute to the echo chamber's inflated sense of epistemic status, which is precisely what needs to be dismantled or diminished if agreement/compromise is to be made possible. When responding to particularly dangerous and resistant echo chambers, a moderately uncivil response may be warranted.
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Leydet, Dominique. "Compromise and Public Debate in Processes of Constitutional Reform: the Canadian Case." Social Science Information 43, no. 2 (June 2004): 233–62. http://dx.doi.org/10.1177/0539018404042581.
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In this article, I concentrate on one central issue that has arisen since the 1987 Meech Lake Accord and the 1992 Charlottetown Accord failed to secure sufficient popular support to allow their ratification. Many theorists have argued that there exists an unavoidable disjunction between the kind of compromise agreement that can come out of complex intergovernmental negotiations and the type of outcome that a majority of citizens might be made to support. Any agreement produced by formal talks can be presumed to have involved significant logrolling and be made of various, mutually dependent, sets of compromises. Such a composite agreement, it is argued, has but little chance to stand the test of public debate and attract sufficient popular support to ensure ratification. In the present article, I want to revisit the story of the failed Charlottetown Accord to show the ways that the risks of disjunction can be alleviated. More specifically, I attempt to show that referendums, if properly integrated in the process, can have positive effects both on the negotiations themselves and on the ability of the parties concerned to rise to the challenge of public justification.
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Kovář, P., M. Pelikán, D. Heřmanovská, and I. Vrana. "How to reach a compromise solution on technical and non-structural flood control measures." Soil and Water Research 9, No. 4 (November 10, 2014): 143–52. http://dx.doi.org/10.17221/27/2014-swr.
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Harmful impacts of floods are the result of an interaction between extreme hydrological events and environmental, social, and economic processes. Flood management should consider many diverse aspects and influences and an integrated approach to flood management therefore plays an important role. In order to make an analysis and provide an adequate flood management, it is necessary to bring together a team comprising experts e.g. from the fields of hydrology and water resources, nature protection, risk management, human security, municipal administration, economics, and land use. Estimates by experts can serve finding solutions to given YES/NO problems, and estimating the value of specific attributes or parameters. It is not easy to adopt the solution which represents the best possible agreement among the participating experts, since experts and other participants can represent diverse standpoints. In particular, landowners and leaseholders upstream a catchment are often in a different position than the members of the municipal flood control committee downstream in a city with a high inhabitancy. In order to measure and evaluate the level of agreement between experts and landowners, a newly developed method for assessing the level of agreement and the τ-agreement value was applied. The aim of the present paper is to illustrate the use of a fuzzy-group-agreement decision-making procedure of this kind, involving a broad range of standpoints in a case study of the Zdravá Voda catchment, Žarošice, Czech Republic. This illustration has been made by comparison of hydrological model scenarios with the experts’ decision. The method used in the paper applied towards aggregating expert proposals expressed as fuzzy quantities to propose a binary solution to estimate a decisive parameter numerical value. The decision achieved for the Zdravá Voda catchment was that the efficiency of structural measures (polder) was superior over the non-structural measures (replacement of the arable land by grassland).
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JONES, KENT. "The WTO core agreement, non-trade issues and institutional integrity." World Trade Review 1, no. 3 (November 2002): 257–76. http://dx.doi.org/10.1017/s1474745602001271.
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WTO member countries understand the core agreement of the organization to consist of binding reciprocal market access achieved through multilateral negotiation, and supported by a system of trade policy rules and dispute settlement. Attempts to introduce social chapters into the WTO would compromise the core agreement. Specifically, authorizing the use of trade sanctions to pursue non-trade goals would diminish the value of the WTO to its members, and undermine the global trading system. WTO agreements and rules can be reconciled with environmental goals, the improvement of labor standards and the promotion of human rights through the development and strengthening of international institutions dedicated to these issues. Efforts by governments to promote new global institutions and international agreements would thereby remove political barriers to trade liberalization.
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Punda, O. "The simplified order of the court proceedings on the basis of agreements: experience of the procedure legislation of the USA." Uzhhorod National University Herald. Series: Law 2, no. 73 (December 15, 2022): 148–53. http://dx.doi.org/10.24144/2307-3322.2022.73.54.
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The paper is dedicated to issues on simplified order of pre-trial investigation in Federal Criminal Procedure Legislation of the USA. It is stressed, the plea agreement is a separate institute of criminal procedure in the USA. The plea agreement is a comprehensive legal category, that includes a few independent criminal and procedural compromises. They are «Nolo Contendere Plea» (“I do not admit guilt, but I do not deny it either”), «Alford Plea» (“I admit the guilt, but I deny it”). The Alford Plea is an alternative to the Nolo Contendere. While Nolo contendere means that the defendant accepts whatever punishment the court deems appropriate but does not plead guilty, an Alford Plea means that the defendant pleads guilty but at the same time maintains his innocence. In general, the plea agreement is a compromise procedure, mentioned by the legislation. As a rule, it has features of agreement on terms of responsibility between the prosecution and the defense, in writing. The plea agreement is established in the Federal Rules of Criminal Procedure of the United States, (Rule 11) and court decisions of a precedent nature. The plea agreement can be concluded on the stage of pre-trial investigation, at a preliminary hearing in court, at a grand jury trial, at the opening of a court session, but before the merits of the case begin. The appearance of agreements in the criminal justice needs, among other, developing of criminalistic methods of investigation of specifical kinds of crimes. Today, procedural regulation and distribution of agreements in criminal proceedings is practically not reflected in the novelization of the approaches of the forensic methodology of investigation of certain types of criminal offenses and forensic tactics. For the national legislator as well as for law enforcement, the experience of regulation of plea agreements in the USA has a significant mean. The architecture of this institution, provided by the CPC of Ukraine, is very simplified and needs to be developed.
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Markelov, Alexander. "Compromise in concluding a pre-trial agreement on cooperation in criminal proceedings." Gosudarstvo i pravo, no. 8 (2019): 108. http://dx.doi.org/10.31857/s013207690006250-7.
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Nine, Cara. "COMPROMISE AND ORIGINAL ACQUISITION: EXPLAINING RIGHTS TO THE ARCTIC." Social Philosophy and Policy 32, no. 1 (2015): 149–70. http://dx.doi.org/10.1017/s0265052515000114.
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Abstract:Up until now, political philosophy has explained the acquisition of natural resources, in one way or another, through the terms of human settlement. An agent acquires natural resources by moving into the geographic area that contains these resources. Even how we make claims to the ocean floor depends on settlement — claimants must be adjacent to settled land. This essay extends original acquisition theories so that they can respond to cases that do not presuppose any conditions of human settlement. I suggest that resource rights in the deep sea may be created, alternatively, through acts of compromise. Compromise can alleviate conflict, allowing for claimants to move beyond stalemate to acquire goods. It also allows for a large degree of flexibility in the specification of rights, and thereby can explain nontraditional rights over areas of migration. The tricky part of a theory that grants rights through agreement is explaining why external parties, those not part of the agreement, have a duty to respect those rights. A compromise under certain conditions, I argue, places all persons under a duty to respect the rights created by the compromise. Thus, when two parties compromise, they may acquire goods from the commons — creating a duty for all others to respect the parties’ rights over these goods. Importantly, rights created through compromise are constrained by a set of concerns for those excluded.
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Sirotkina, M. "LEGAL NATURE OF THE RIGHT TO COMPROMISE AND ITS INFLUENCE ON THE CRIMINAL PROCEDURE." Herald of criminal justice, no. 1-2 (2021): 52–64. http://dx.doi.org/10.17721/2413-5372.2021.1-2/52-64.
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An effective way to resolve a conflict that has arisen as a result of a criminal offense may be the use of compromise procedures in criminal proceedings, along with traditional ones, the effectiveness of which is proven by law enforcement experience in almost all progressive countries with established legal traditions. Despite the significant contribution of scientists to the development of compromise issues in criminal proceedings, a significant number of its theoretical and practical aspects have not been studied, disclosed in fragments, incompletely or have not received a clear solution. None of the scholars has fully studied the right to compromise and the forms of its implementation in criminal proceedings, the legal nature of the right to compromise and its impact on the criminal procedure. The purpose of the article is to study the legal nature of the right to compromise and its impact on the criminal procedure form through certain forms of implementation of the above right: study of the implementation of objective and subjective right to compromise in criminal proceedings; determination of holders and subjects of realization of the right to compromise; outlining approaches to the differentiation of criminal procedure; differentiation of conciliation procedures in criminal proceedings from the forms of realization of the right to compromise, etc. It is noted about the positive impact of the right to compromise in criminal proceedings on its participants, which allows to take into account their interests in resolving the criminal conflict and eliminate the negative consequences of criminal acts for the parties to the conflict and for the state and society as a whole. It is concluded that for criminal procedure law in general, and the right to compromise in particular, an important dominant and factor is individualization. Thus, the bearers of the right to compromise in criminal proceedings are the victim and the suspect (accused), as the right to compromise is a personal right. It is stated that the implementation of the right to compromise in the criminal process of Ukraine has influenced the criminal procedure, finally changing it, and led to the emergence of a new type of criminal process – pragmatic. The pragmatic type of criminal process can be traced in the norms of domestic legislation concerning the exercise of the right to compromise in the criminal justice of Ukraine, both through its private-pragmatic and public-pragmatic types. A striking example of a private-pragmatic type of process in the exercise of the right to compromise is the use of such institutions as the release of a person from criminal liability in connection with reconciliation, a reconciliation agreement between victim and suspect (accused) and we can safely say that this expression the type of process in the future will find during the application of the institution of mediation in criminal proceedings (in the case of its introduction in court). The provisions concerning the scope of the public-pragmatic type of process should include a plea agreement. It is concluded that the forms of realization of the right to compromise in the criminal process of Ukraine are release from criminal liability in connection with the reconciliation of the guilty with the victim, agreements on reconciliation and guilt, mediation.
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Liu, Shuang Qing, Liang Xia, Meng Zi Zhang, and Bao Ling Xie. "Weakness and Improvement of an Efficient Key Agreement Protocol." Applied Mechanics and Materials 599-601 (August 2014): 1816–19. http://dx.doi.org/10.4028/www.scientific.net/amm.599-601.1816.
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Xiao and Li proposed protocol XKAS and claimed it to be an efficient and secure two-party authenticated Diffie-Hellman key agreement protocol. In this letter, we show that the protocol is vulne- rable to a key-compromise impersonation attack. We also proposed XKAS+, which can withstand such attacks. The new protocol enjoys this property at the expense of a slight increase in computational workload with respect to the original version.
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He, Debiao, Jianhua Chen, and Jin Hu. "An Authenticated Key Agreement Protocol Using Isogenies Between Elliptic Curves." International Journal of Computers Communications & Control 6, no. 2 (June 1, 2011): 258. http://dx.doi.org/10.15837/ijccc.2011.2.2174.
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All the current public-key cryptosystems will become insecure when size of a quantum register is sufficient. An authenticated key agreement protocol, which is against the attack of quantum computer, is proposed. The proposed protocol can provide the security properties known session key security, forward security, resistance to key-compromise impersonation attack and to unknown key-share attack, key control. We also prove its security in a widely accepted model.
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Sydiy, Y. V. "Regarding the plea agreement procedure in the context of the suspect's cooperation with the prosecution." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 365–71. http://dx.doi.org/10.24144/2788-6018.2022.05.68.
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In the article, the author examines some problematic issues of tactical and forensic support of the compromise procedure - the plea agreement provided for in paragraphs 2, 3, part 2 of Art. 469 of the Criminal Code, the participant of which is a person suspected of committing a serious crime. The essence of the tactics of the prosecutor's participation in compromise procedures is considered, as a set of procedural actions, formal procedures and tactical techniques of the prosecutor based on the recommendations of criminology, which ensure the creation of certain conditions for the parties to enter into a plea agreement on mutually beneficial terms for the parties. The procedure for concluding the specified agreement is proposed to be considered as a complex of investigative (search) and other procedural actions for solving certain local tasks - concluding a compromise agreement - as part of the tactical operation "achieving a compromise with the suspect" taking into account a certain typical investigative or defense situation and the interests of the victims. A typical model of this operation is proposed and considered, the main purpose of which is the cooperation of the suspect (accused) with the pre-trial investigation (accusation).
There is a well-founded need to conduct a tactical operation "checking the testimony of a suspect who admits his guilt" within the framework of this procedure. Within the framework of the proposed typical model of the operation, a list of investigative (search) and other procedural actions, tactical techniques, which will allow solving the task of the operation, is given.
Taking into account the peculiarities of concluding an agreement with a suspect who has committed a particularly serious crime and exposes others guilty of crimes committed by a group of persons, an organized group or a criminal organization or a terrorist group, the author proposes to carry out a mandatory tactical operation for the specified category of criminal proceedings - "ensuring the safety of the suspect (accused)" and its typical structure is given. The need to create an autonomous body for the protection of witnesses and other participants in criminal proceedings (the National Protection Service) in Ukraine is substantiated, since such units are currently part of the structure of investigative or operational units and are actually a party to the prosecution.
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Berlin, Artyom. "Legal Nature and Enforcement of Settlement Agreements: Comparative Review." Russian Law Journal 8, no. 3 (September 2, 2020): 116–40. http://dx.doi.org/10.17589/2309-8678-2020-8-3-116-140.
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The article is devoted to two major issues: the substantive nature of settlement agreement, and legal remedies available for a creditor under compromise which interest is not satisfied voluntarily. Both issues are covered from comparative perspective employing Russian and the United States statutes, case law and doctrine. First, the paper demonstrates that, while Russian doctrines has evolved a sui generis approach to substantial nature of settlement agreement, United States tend to consider it as special contractual type with consideration granted specifically for termination of a legal dispute. Second, the article analyzes scope of res judicata effect invoked in course of Russian and U.S.-governed settlement, as well as common points and differences in granting creditors with relief in forms of specific performance and recovery of damages. Finally, the paper considers problem of rescission as remedy for material breach of compromise. Author comes to conclusion on desirability of employing this type of claim into Russian legislation.
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Yakovleva, I. A. "A Settlement Agreement in an Administrative Dispute: Problems of Theory and Tendencies in Law Enforcement." Actual Problems of Russian Law 15, no. 1 (February 20, 2020): 54–61. http://dx.doi.org/10.17803/1994-1471.2020.110.1.054-061.
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The paper has analyzed approaches to the issue of conclusion of a settlement agreement in administrative cases. The author justifies the possibility of conclusion of the settlement agreement in an administrative dispute. The settlement agreement (a conciliation agreement) serves an evidentiary and compromise function and, in the case of a dispute with the antimonopoly authority, may be resorted to as a means of protecting competition by referring in the text of such agreements to specific acts commission of which or omission to commit which is aimed at securing competition. The paper considers the issue of interrelation between the settlement agreement and the agreement on facts of the case in relation to the evidentiary function of the settlement agreement. There is a tendency to expand the use of the institution of the settlement agreement in order to put an end not only to disputes with antimonopoly authorities, but also to cases contesting cadastral value, tax disputes, as well as cases arising in connection with the change of place and/or time of a public event. It is proposed to use foreign experience with regard to the possibility of conclusion of the settlement agreement in administrative cases initiated due to violations of financial markets legislation and the use of insider information.
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Williams, Sarah. "Public International Law." International and Comparative Law Quarterly 53, no. 1 (January 2004): 227–45. http://dx.doi.org/10.1093/iclq/53.1.227.
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In May 2003 the United Nations General Assembly approved an agreement between the United Nations and the Cambodian government (UN Agreement) providing for United Nations assistance in the establishment and operation of ‘Extraordinary Chambers’ within the domestic court structure of Cambodia.1The UN Agreement is the result of a lengthy process of negotiation between the United Nations and the Cambodian government, with the intervention of several interested states.2The final agreement reflects a compromise between the need to address impunity and the need to preserve Cambodian sovereignty.
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Krunke, Helle. "From Maastricht to Edinburgh: the Danish solution." European Constitutional Law Review 1, no. 3 (October 2005): 339–56. http://dx.doi.org/10.1017/s1574019605003391.
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The Danish ‘no’ after Maastricht. Key role of negotiations between political parties towards ‘national compromise’ with main ‘no’-party. Exceptions to be negotiated at Edinburgh. The Edinburgh Agreement as closing off alternative developments or options for Denmark. The legal status debated, but most probably of international agreement. Intensified parliamentary scrutiny as result. Particular circumstances made acceptance in a second referendum possible.
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Sokov, I. A. "New in US-Canadian Relations and Ratification of the USMCA Agreement." MGIMO Review of International Relations 13, no. 5 (November 11, 2020): 78–96. http://dx.doi.org/10.24833/2071-8160-2020-5-74-78-96.
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Abstract: The article reviews through chronological analysis key issues in US-Canadian relations in the context of new trade agreement USMCA replacing NAFTA during Trump's presidency. It identifies a new model of relations between the closest North American partners in the context of a new paradigm which is called “America First”. This model leads to a crisis the US-Canadian relations, which is aggravated by the increased partisan rivalry in light of the upcoming US presidential elections, the impeachment process initiated in the House of Representatives.The article comes to the following conclusions. The evolutionary development of the free trade agreement (NAFTA), its rejection and acceptance of the USMCA preferential agreement is a gradual and consistent process of protecting North American countries from global market, which started during the presidency of George W. Bush and continued by the subsequent American presidents. This is also connected with the trade war between the United States and China, that was repeatedly emphasized both in the US Administration and in the Congress during D. Trump's presidency. The United States-Canadian relations have worsened significantly, although the countries' leaders do not recognize it publicly during the agreement's preparation and its ratification, for almost three years. The USMCA agreement is not a final version, subject to further ratification. It took more than a year for the parties to find compromise solutions on the USMCA with the protocols' preparation to the agreement and its submission to the national parliaments. Moreover, in the agreed version, the USMCA agreement meets primarily the interests of the United States. The US pressure on Canada was unprecedented. As a result, we should expect the continued growth of political and trade contradictions between the United States and Canada, as well as the revision and addition of new additional agreements in the USMCA agreement.
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Kelly, Anne-Maree, and Craig French. "Arteriovenous blood gas agreement in intensive care patients with varying levels of circulatory compromise." Critical Care and Resuscitation 18, no. 2 (June 2016): 133. http://dx.doi.org/10.1016/s1441-2772(23)01005-0.
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Nanjayya, Vinodh B., and David Pilcher. "Arteriovenous blood gas agreement in intensive care patients with varying levels of circulatory compromise." Critical Care and Resuscitation 18, no. 2 (June 2016): 133. http://dx.doi.org/10.1016/s1441-2772(23)01004-9.
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Caspersen, Nina. "The creation of new states through interim agreements: Ambiguous compromises, intra-communal divisions, and contested identities." International Political Science Review 41, no. 5 (November 29, 2019): 667–80. http://dx.doi.org/10.1177/0192512119871322.
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For some separatist movements, interim agreements offer a possible route to recognized statehood. However, such agreements require these movements to compromise on their demand for immediate independence and risk the preservation of the joint state. How is this reconciled with their claim to self-determination and how is it received by the community they claim to represent? This article examines four post-Cold War cases where an interim agreement has been accepted (New Caledonia, Bougainville, Montenegro and South Sudan). It finds that interim agreements are more easily accepted when the community is significantly divided on the issue of independence and when an inclusive and flexible construction of the community predominates. Somewhat paradoxically, this suggests that new states are more likely to emerge in cases without a determined, cohesive, ethnically defined demand for independence.
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Vovk, V. "Conciliation agreement in the Roman law (sociocultural context)." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 407–10. http://dx.doi.org/10.24144/2307-3322.2021.65.73.
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The article provides insight into the content of the conciliation agreement as an alternative to settle the legal disputes based on the analysis of the key strategic foundations of the Quirite culture and provisions of the law of Ancient Rome. A special emphasis is placed on the fact that the extrajudicial, pre-judicial, and in some cases in-tra-judicial methods of the settlement of legal disputes are nowadays given a high status in the legal environment that confirms the general tendency to the humanization and democratization of the judicial proceedings. The article substantiates the necessity of going back to the historical context of appearance and formation of the conciliation agreement as a legal institute to improve the understanding of the nature and mechanism of this alternative method of dispute settlement, since the Roman law was and still is a foundation of modern legal systems of the European states. The stages of the development of conciliation agreement as an alternative method of dispute settlement were studied against the background of the culture of Ancient Rome and the main characteristic features of this institute were addressed, mainly: voluntary involvement (the parties pass a voluntary decision on reconciliation), alternativeness (the parties have to choose between the judicial, extra-judicial and pre-judicial dispute settlement), uncertainty (of the party or the party to the dispute is uncertain about the court decision in its favor), compromise (reaching an agreement, the parties arrive at a compromise in certain issues). In this case, it is emphasized that initially to settle the dispute extrajudicially, the Romans did not need any third parties (mediators). Following from the article, the conciliation agreement in the Roman law has formed as a contract, i.e. at its initial stage, it was the material law institute (contract) with the procedural consequences. Within the national sociocultural context, the application of conciliation agreement as an alternative method of dispute settlement is a way of searching for the new efficient methods of settlement of inter-individual relations. The research methodology is represented by a set of philosophical and general scientific methods. Determinants of which are comparative and hermeneutic, as well as socio-cultural and axiological approaches
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Laar, Jan Albert van, and Erik C. W. Krabbe. "Criticism and justification of negotiated compromises." Journal of Argumentation in Context 8, no. 1 (February 14, 2019): 91–111. http://dx.doi.org/10.1075/jaic.18009.laa.
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Abstract The paper focuses on conflicts about an already negotiated compromise, taking as its example a debate in Dutch parliament about the approval of the Paris Agreement on climate change of 2015. It deals with a variety of worries that opponents of approval may advance and the arguments in its defense thus invited. It concludes with a profile of dialogue providing reasonable options for those involved in such a conflict.
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Exum, Jelani Jefferson. "What’s the Point? The Missing Piece of Criminal Justice Reform through Consensus and Compromise." Federal Sentencing Reporter 32, no. 2 (December 1, 2019): 65–69. http://dx.doi.org/10.1525/fsr.2019.32.2.65.
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Criminal justice reform has had a firm place in news headlines for more than a decade. Reform has mainly been sought through two approaches: consensus through ballot initiative or legislative compromise. But these modes of reform share a fundamental failure: both often lack a clear articulation of the purpose of criminal sentencing. In other words, “What’s the point?” Without an agreement on the underlying purpose of criminal punishment, neither method of pursuing changes in the criminal justice system can ever produce meaningful, long-standing reform. Our usual way of understanding criminal justice reform is through legislative compromise. The moves from the Anti-Drug Abuse Act of 1986 to the Fair Sentencing Act of 2010 to the First Step Act of 2018 were the result of this slow legislative mechanism. However, the resulting sentencing changes were not due to an effort to study the effects of drug sentencing or to any work toward agreement about what purpose Congress was actually trying to fulfill through drug sentencing. The same problem exists when it comes to consensus reform through ballot initiative – a move that has taken place in many areas of the country—from the passing of recreational marijuana laws in places like Michigan to the attempt to pass sweeping drug sentencing reform through Ohio’s Ballot Issue. When examined, these efforts at reform consensus show that agreement on the need for reform does not show agreement on the purpose of reform. This lack of true, deep consensus can ultimately defeat efforts at large-scale reform through consensus.
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Lawrence, Peter, and Michael Reder. "Equity and the Paris Agreement: Legal and Philosophical Perspectives." Journal of Environmental Law 31, no. 3 (June 30, 2019): 511–31. http://dx.doi.org/10.1093/jel/eqz017.
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Abstract Equity has both legal and philosophical meanings. The Paris Agreement includes important references to equity, including in relation to the global stocktake. Elaborating equity in relation to the Paris Agreement regime can be done as part of the Paris Agreement; outside the Agreement eg through climate think tanks; or not at all—viz implicitly. These options are assessed in terms of their effectiveness, legitimacy and political feasibility drawing on philosophical concepts of equity. The latter—particularly Aristotle—provides a fresh lens for interpreting understandings of equity that have developed within the Paris regime. Elaborating equity outside the Paris Agreement is the most politically feasible option, while weaker in terms of likely effectiveness. Ultimately, the Paris Agreement regime will only succeed if parties are willing to embrace Aristotle’s concept of equity in the sense of acting morally with a willingness to compromise for the greater good.
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Bobrovnyk, Svetlana. "Legal Compromise in Aspect Socialization Processes." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 58–64. http://dx.doi.org/10.33663/0869-2491-2021-32-58-64.
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The process of socialization associated with the development of the social nature of an individual or social group is gaining importance for modern society. The main direction of socialization within sociology is the person as the main element of society. However, given that the socialization of the individual is determined by the nature of society itself, its characteristics and needs, we can say that the process of socialization is inherent not only personal but also other spheres of society. Although we will not deny that the anthropologization of social relations brings to the fore the sociologization of the individual as the main element of social communication. In this regard, the study of the peculiarities of the process of socialization of social interaction, factors, conditions and differences that accompany socialization is becoming increasingly important. Since the process of socialization is associated with a system of information exchange between members of society, the need to reflect and consolidate various social interests, the importance of finding social compromise, it is fair to say that socialization encompasses socio-political communication, in which law plays an important role. The study of the legal aspect of socialization is the theoretical basis for increasing the social role of law, the effectiveness of its regulatory action and ensuring public order. In our opinion, important aspects of socialization of compromise are its characteristics as a means of communication, features of manifestation within social institutions of different levels and substantiation of ways to increase the effectiveness of social functions of legal compromise and means of socialization in law. Compromise at the categorical level can be considered within the three directions of research related to its relationship with the category of conflict. We are talking about organic-structural, conflict-radical and anthropological-communicative directions. The first direction of research reflects society and the forms of its organization as coherently functioning systems. Here the category of "compromise" dominates over the category of "conflict". The second direction of research is characterized by the fact that the category of "compromise" is considered as a special manifestation of the category of "conflict", the latter is dominant in the field of public relations. Regarding the third area of research, the problem of compromise and conflict within this concept is considered at the level of relationships between people, whether macro (state) or micro (group of people). At the same time, compromise and conflict are studied as equivalent interacting categories of public life. A legal compromise has legal consequences, as the result of the agreement of the wills of the parties is the imposition on them of obligations to exercise mutual will. Moreover, the violation of a legal compromise is the basis for the legal liability of the parties. Legal compromise, due to its mediation by legal norms, acquires the attribute of binding and enforced measures. Characteristic of the social action of law is the reflection of its existence at different levels of social interaction, ranging from the individual, social groups, society as a whole. A legal compromise is no exception. Social institutions create an objective reality for a person, that is, it is his social world, in which the appropriate social order is established. At the same time, social institutions are both subjectively and objectively a reality. In view of this, compromise in the behavior of subjects is manifested differently depending on the level of social institution. In simple social institutions (interpersonal, intragroup), the conflict and compromise of the behavior of subjects usually depends on subjective factors that are influenced by objective reality by operating in a single space of other social institutions. In turn, in social institutions of a complex level (intergroup and state, world system) compromise is necessarily "tied" to the order objectively established in such institutions. Thus, compromises always arise between two subjects and are carried out in the corresponding interaction. At the same time, compromises at the state level, in addition to the relationship between its subjects, are necessarily characterized by a constant connection with society through the functioning of legal requirements enshrined in the relevant sources of law.
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Gershinkova, Dinara. "Unresolved Issues of Article 6 of the Paris Agreement – Is a Compromise Possible in Glasgow." International Organisations Research Journal 16, no. 3 (October 1, 2021): 69–84. http://dx.doi.org/10.17323/1996-7845-2021-03-03.
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Article 6 of the Paris Climate Agreement, adopted in 2015, defines three mechanisms that stimulate reduction of greenhouse gas emissions. These are the trading of the results of emission reductions, the implementation of climate projects, and so-called non-market approaches. However, the rules for the application of Article 6 have not been agreed so far. Among the remaining contradictions in the positions of the participating countries are different understandings of approaches to prevent double counting of the results of project activities, mandatory deductions for adaptation purposes, and the transfer of unused carbon units under the Kyoto Protocol. At the same time, some countries have already initiated pilot projects under Article 6 with the intention that, in the coming years, they will become Article 6 projects. In November 2021, the 26th United Nations (UN) Climate Conference will be held in Glasgow. Experts link the effectiveness of forthcoming forum with completion of Article 6 negotiations. In this article, the main problematic issues in the negotiations are considered and proposals for the Russian position at the upcoming conference are formulated.
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Lu, Yanrong, and Dawei Zhao. "An anonymous SIP authenticated key agreement protocol based on elliptic curve cryptography." Mathematical Biosciences and Engineering 19, no. 1 (2022): 66–85. http://dx.doi.org/10.3934/mbe.2022003.
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<abstract><p>Designing a secure authentication scheme for session initial protocol (SIP) over internet protocol (VoIP) networks remains challenging. In this paper, we revisit the protocol of Zhang, Tang and Zhu (2015) and reveal that the protocol is vulnerable to key-compromise impersonation attacks. We then propose a SIP authenticated key agreement protocol (AKAP) using elliptic curve cryptography (ECC). We demonstrate the correctness of the protocol using Burrows-Abadi-Needham (BAN), and its security using the AVISPA simulation tool. We also evaluate its performance against those of Zhang, Tang and Zhu, and others.</p></abstract>
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McWhinney, Will, William David Brice, James Katzenstein, and James B. Webber. "Platforms of Discourse Bridging Conflicting Cultural Realities." Social Communication 7, no. 1 (January 1, 2021): 18–33. http://dx.doi.org/10.2478/sc-2021-0002.
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Abstract Conflict is rooted in diverse sources of reality and language cannot alone solve conflicts. It is necessary to know the party’s grammar and ways of discourse. There cannot be compromise without understanding each parties’ reality truths and the rules of discourse relating to the platform of reality with these embedded truths. This work of theory posits that multiple platforms of discourse, each with differing rules, underpins every type of human interaction, political polarization, cultural and ideological clash, and all international relations including that of war. This understanding leads to an engagement strategy for compromise and agreement between the seemingly irreconcilable.
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Sooyeon Shin and Taekyoung Kwon. "Cryptanalysis of the Anonymous Authentication with Key Agreement Scheme in Wireless Sensor Networks." Research Briefs on Information and Communication Technology Evolution 4 (August 15, 2018): 46–52. http://dx.doi.org/10.56801/rebicte.v4i.65.
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User authentication and key agreement are important secure services required for wireless sensornetworks (WSNs). For this purpose, there have been a large number of proposed authentication andkey agreement scheme for WSNs. Recently in 2017, Jung et al. proposed an efficient and security enhancedanonymous authentication with key agreement scheme by employing biometrics informationas the third authentication factor. They claimed that their scheme resists on various security attacksand satisfies basic security requirements. However, in this paper, we reveal security weaknesses ofJung et al.’s scheme (i.e., insecurity of the secret key of gateway node, session key compromise,user tracking attack, information leakage attack, and user impersonation attack). We present simplecountermeasures against the security weaknesses we have found.
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Keshev, Maayan, and Aya Meltzer-Asscher. "Noisy is better than rare: Comprehenders compromise subject-verb agreement to form more probable linguistic structures." Cognitive Psychology 124 (February 2021): 101359. http://dx.doi.org/10.1016/j.cogpsych.2020.101359.
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Subramanian, S. R. "Science-based Risk Regulation under the SPS Agreement of the WTO: An Appraisal Post-US/Canada Continued Suspension of Obligations in the EC-Hormones Dispute." European Energy and Environmental Law Review 24, Issue 3 (May 1, 2015): 55–69. http://dx.doi.org/10.54648/eelr2015007.
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Abstract: The SPS Agreement is the result of a negotiated compromise between the minimization of negative trade effects and the protection of human, animal, and plant life or health. These seemingly contradictory purposes along with the textual indeterminacy of the agreement led to several interpretative challenges during the dispute settlement process, resulting in the development of the rich jurisprudence under the SPS agreement. It is in this connection, this study seeks to examine the major rulings under the SPS agreement for evaluation of the scope of regulatory discretion vested with the national authorities to establish the appropriate level of protection vis-á-vis the basic rights and obligations of the member states. The study summarizes the key achievements of the SPS case-laws in the progressive development of the SPS regime.
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Osipenko, Oleg V. "New schemes of investment alliances." Journal of Modern Competition 15, no. 2 (May 26, 2021): 72–76. http://dx.doi.org/10.37791/2687-0657-2021-15-2-72-76.
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The article highlights the new configurations of investment alliances regulated by the terms of corporate agreements that are in demand in large and moderately large businesses. The author draws the reader’s attention to the reference targets implemented in the operation of the corresponding models of such agreements of investors in the shares of joint-stock companies and shares in the authorized capital of limited liability companies, as well as on the management and legal tools for achieving these goals. Among others, the authors analyze structures that effectively support the joint business practice of majority and minority shareholders, significant minority shareholders who consolidate corporate control with their help, activate the possibilities of corporate agreements concluded under Russian law for the implementation of mergers and acquisitions projects, as well as anti-raider protection target company. The author refers to the new trends in structuring and formatting agreements of participants in domestic business entities: the desire of participants in corporate alliances to consolidate in shareholder agreements specific technologies for implementing cooperation between signatories, corresponding to their actual organizational, financial and (or) management mission in the structure of an investment alliance at a certain stage of the company's development; application of the structure of a corporate agreement as a compromise scheme for getting out of a conflict situation; active participation of interested third parties in determining a special procedure for exercising the rights of participants; integration of the institution of corporate agreement into the sphere of distribution relations; combining the institution of a corporate agreement with other types of transactions, as well as with the construction of freedom of contractual relations.
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Kopeček, Lubomír. "Opoziční smlouvy „za kopečky“ I.: Byl pakt ČSSD a ODS z let 1998–2002 demokratickou deviací?" Středoevropské politické studie Central European Political Studies Review 15, no. 2–3 (August 1, 2013): 175–95. http://dx.doi.org/10.5817/cepsr.2013.23.175.
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After the 1998 general elections to the Chamber of Deputies of the Czech Republic, the largest party, the Social Democratic Party (ČSSD), formed a minority government. The origin and existence of this government was enabled by an agreement with the second largest formation, the Civic Democratic Party (ODS). What was then known as the Opposition Agreement became the subject of considerable debate. The paper analyses the Opposition Agreement in comparison with other minority governments with external support, be they governments formed on the basis of ad hoc agreements or complex ones. The text looks in detail at government practice in Denmark, Sweden, New Zealand, and Italy at the time of the Historic Compromise; this is then used as a context for outlining the specifics of the Czech case. The paper highlights not only the Opposition Agreement between the Social Democrats and the Civic Democratic Party and the later Toleration Patent, which even deepened the cooperation between these two parties, but also the frequent ad hoc legislative coalitions which the minority government was able to form. An additional aim of the paper is to outline foreign analogies to the potential future single-party minority government of the Czech Social Democrats supported by the Communists. Because of its considerable length, the text is divided into two parts; the first part is printed in this volume.
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S., Bobrovnik. "Doctrinal analysis of legal compromise and its role in human rights." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 42–47. http://dx.doi.org/10.33663/2524-017x-2020-11-7.
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Contradictions in society, the struggle between social groups and conflicts of public interests increase the importance and relevance of social compromise, capable of ensuring the stability and orderliness of human behavior, the formation of certain levels of organization of society, ensuring the systematic social institutions. Given the significant increase in the importance of the state as a means of ensuring the coherence of social processes and law as a means of reflecting, securing, guaranteeing and restoring public interests, problems of researching legal compromise are actualized. The need for its doctrinal analysis is a legitimate requirement that arises in societies embarking on the path of building a democratic, social, rule of law. Compromise (from the Latin Compromissum) is an agreement reached on the basis of mutual concessions. For the first time, the term "compromise" was introduced into scientific research by A. Comte, who believed that without reaching a compromise in society there was no opportunity for its development, since social relations, both in statics and dynamics, need coherence for their normal implementation. Such coherence, in other words consensus, is based on the principles of interaction of different types and levels, harmony of parts and the whole, and is aimed at securing the interests of participants in public relations. Already in ancient philosophy, a foundation was laid for the study of compromise as one of the basic elements of achieving a public good and building an ideal society. Its representatives, exploring models of the ideal social order, addressed the problems of integration of society, the combination of its various elements, stability and efficiency of the functioning of the state, as well as the means of achieving social compromise. Ancient researchers have proposed a number of ideas that still have value today. It can be argued that ancient philosophers began to study the political structure of the state, its regimes of government and their means of securing public consensus, including the category of "compromise". However, they did not yet specify definitions of compromise, consensus, integration, consent, but only considered them within the general categories of “integrity” and “unity”. Representatives of the Middle Ages and the Renaissance continued to study the compromise as one of the foundations of the functioning of society, enriched the concepts of Plato and Aristotle came up with their original ideas. However, in the spirit of the ideas of ancient philosophers, they viewed compromise not as an independent category, but as an element of a means of forming a state and society - either coercion or violent compromise (N. Machiavelli), or Christian dogmas (F. Aquinas). They failed to address the issue of compromise as one of the defining principles of establishing a democratic regime in society. The ideas of modern-day Enlighteners to designate the category of "compromise" have become the methodological basis for modern-day researchers and present in the study of the problem of public consent. Modern problems of research of the category of "compromise" are based on the continuity of the theories and ideas of precursors-thinkers of different times and peoples, from the time of antiquity to the present. In its turn, the current state of the study of the category of "compromise", including as a basis for the functioning of a democratic rule of law, is characterized by ideas about the adequate definition of this category. The essence of the compromise is formed on the basis of a combination of material (value-orientation and anthropological-communicative sphere of being subjects) and procedural (procedural-mode and regulatory sphere of being subjects) components and consists in reaching public agreement by non-violent methods that reduce or impede one subject to another. Thus, a compromise is an instrument of public consent and a means of final resolution of the conflict, based on mutual concessions, which is of value and orientation and is the basis for the formation of a democratic regime in society. The role of legal compromise in ensuring human rights lies in the possibility of legally securing means that guarantee a certain level of communication in the sphere of opportunities provided by society or the state to a person. Legal compromise is one of the defining principles of the functioning of a democratic regime, the basis of the legitimation of power, which is the subject of the consolidation and guarantee of human rights. It is an effective means of redressing legal conflicts in the field of human rights; legal compromise causes legal consequences for public relations entities, including by applying coercive means to entities that do not perform their duties or violate the rights of other entities. Finally, legal compromise is a prerequisite for any legal relationship in the field of human rights. It is the achievement of a legal compromise in the field of human rights that provides an opportunity to resolve emerging conflicts and determines the level of effectiveness of the state's activities in the specified field. Keywords: law, legal compromise, human rights, society, state.
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Sydiy, Yа. "Some issues of tactical and forensic support for concluding a plea agreement." Uzhhorod National University Herald. Series: Law 2, no. 75 (March 28, 2023): 189–95. http://dx.doi.org/10.24144/2307-3322.2022.75.2.30.
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In the article, the author examines some problematic issues of tactical and forensic support of one of the compromise procedures provided for in the current Criminal Procedure Code of Ukraine - the plea agreement.
The essence of tactical and forensic support for concluding a plea agreement is considered, as a set of certain procedural actions, formal procedures and related tactical techniques of the prosecutor, as the procedural head of the pre-trial investigation and the public prosecutor, based on the recommendations of criminology and the position of the prosecution in the case, which ensure at the pre-trial investigation and during the trial, the creation of certain conditions for the parties to enter into a plea agreement on mutually beneficial terms for the parties, with the aim of resolving the conflict for the sake of procedural economy. Such support may take the form of tactical operations ("achieving a compromise with the suspect", "checking the testimony of the suspect who admits his guilt", "ensuring the safety of the suspect (accused)"), which are carried out taking into account certain investigative, defense or judicial situations, using compromising tactics. Tactical methods in this context are considered as rational and most effective methods of action, which are chosen by the prosecution in specific situations in order to create conditions for overcoming the conflict on the basis of mutually beneficial concessions that do not contradict the norms of substantive and procedural law (in particular, the principles of criminal proceedings, which are legality and dispositiveness), and ensure the proper implementation of procedural functions by the parties, the achievement of the objectives of criminal justice, and aimed at both overcoming opposition to the investigation and proving to the defense the need to discuss the prospects and conditions of concluding the relevant agreement.
An analysis of the stages of the prosecution's actions from the initiation to the conclusion of the plea agreement was carried out. A certain range of tactical techniques during communications with the victim, who gives consent to conclude an agreement in the cases provided for in clause 3, part 4 of the article, is defined. 469 of the CPC.
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Li, Yuting, Qingfeng Cheng, and Wenbo Shi. "Security Analysis of a Lightweight Identity-Based Two-Party Authenticated Key Agreement Protocol for IIoT Environments." Security and Communication Networks 2021 (February 27, 2021): 1–6. http://dx.doi.org/10.1155/2021/5573886.
Full textAbstract:
Internet of Things brings convenience to the social life, at the same time, putting forward higher requirements for the security of data transmission and storage. Security incidents based on industrial Internet of Things have occurred frequently recently, which should be given full consideration. The identity-based authenticated key agreement protocol can solve these security threats to a certain extent. Recently, a lightweight identity-based authenticated key agreement protocol for Industrial Internet of Things, called ID-2PAKA protocol, was claimed to achieve secure authentication and meet security properties. In this paper, we show that the ID-2PAKA protocol is insecure in identity authentication and cannot resisting ephemeral key compromise impersonation attack.
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Babynina, Lyudmila. "Trade and Cooperation Agreement Between the EU and the UK: Conditionality Versus Sovereignty." Contemporary Europe 102, no. 2 (April 30, 2021): 5–16. http://dx.doi.org/10.15211/soveurope220210516.
Full textAbstract:
The United Kingdom left the European Union on January 31, 2020. On December 31, 2020, the transition period ended, during which all EU rules and regulations applied to Britain. The trade agreement was reached in record time, but it is too early to talk about long-term mutual benefits. The British case in the system of trade and economic agreements of the European Union is unique. On the one hand, at the time of the negotiations, the UK retained EU law, was a member of the EU Single Internal Market and Customs Union, subject to the jurisdiction of the EU Court of Justice. On the other hand, the EU for the first time found itself in a situation when a third country was determined to distance itself as much as possible from EU rules while concluding a trade agreement, despite the obvious economic losses. At the same time, both sides understood that the absence of an agreement threatened all interested actors with serious losses, and that it must be concluded. As a result, the compromise text of the TCA reflects the fundamentally different approaches of the parties to bilateral cooperation, and its provisions suggest a change of its format in the future.
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Dambre, Wouter. "Ontstaansgeschiedenis van de ondernemingsraden in België (1944-1949)." Res Publica 27, no. 1 (March 31, 1985): 87–124. http://dx.doi.org/10.21825/rp.v27i1.20380.
Full textAbstract:
The basis of Belgium's post-war social and economic reforms was the social-solidarity agreement (1944) between the trade-unions and the employers. This «historical compromise» aimed at securing social security and a legal ground for the workers' co-management in the economic life, in exchange for social peace and aid in attaining a productivity-raise.From 1945 till 1948 National Labour Conferences and Parliament discussed the matter, especially the introduction of Works Councils, which raised ideological resistance. The Socialists, favourable towards the Works Councils in undertakings, claimed economic and financial powers for them. The Catholic were in favour of co-management, cooperation between workers and employers and workers' co-responsibility. Theemployers, fearing a restriction of their powers and a threat of collectivizing, were very suspicious.An inter-catholic agreement between workers and employers allowed them to formulate a unanimous attitude towards the Works Councils. A Socialist-Catholic compromise in Parliament resulted in the law on the organizing of the industry (20.IX.1948). This law reserved for the Works Councils a mainly advisory role in social matters. Their powers were very limited. Their composition was determined by cooperation and commoninterests.The first Works Councils-elections happened in 1950.