Articles de revues sur le sujet « Aliens – Civil rights »

David Cole, a professor at the Georgetown University Law Center, is a brilliantconstitutional attorney and an outstanding advocate of civil liberty. InEnemy Aliens, he articulates the case that Attorney General John Ashcroft’sabridgements of the civil liberties of non-citizens and alleged “enemy combatants”in the name of the war on terrorism is at once part of an old strategyof establishing such constitutionally questionable actions against thosepeople least politically able to defend themselves and, at the same time, thefirst step to expanding such incursions against civil rights into the populationat large.Cole writes with the meticulous care appropriate to a legal mind ofthe first caliber and with a graceful and literate rhetorical style. “The linebetween citizen and foreigner, so natural during wartime,” he writes (p.5), “is not only easy to exploit when restrictive measures are introduced,but also easy to breach when the government later finds it convenient todo so.” Cole writes with authority on facts of which too many Americansare completely ignorant: selective detention and deportation based onreligion or national origin, secret trials (or no trials), prolonged interrogation“under highly coercive, incommunicado conditions ... and withoutaccess to lawyers,” and “indefinite detention on the attorney general’ssay-so” (p. 5).Cole presents the historical precedents that justify his thesis. In 1988,President Ronald Reagan signed a bill apologizing for the appalling detentionof Japanese-Americans during World War II. However, that internmentwas an extension of the Enemy Alien Act of 1798, “driven by nativist fearsof radical French and Irish immigrants” (p.7), but still on the books. The“Palmer Raids” of the early twentieth century, wherein thousands of for ...

Abstract This article provides an overview of the local adaptation of the International Covenant on Civil and Political Rights (ICCPR) in Macao since 1999 and a comparative analysis of the different models of protection of the rights and freedoms of non-residents in Macao and Hong Kong as an illustration of selective adaptation of international human rights law in China’s special administrative regions. The article argues that the theory of selective adaptation of international human rights law helps us to understand the local interpretation and adaptation of international human rights law by identifying the resonance between international human rights laws and the normative discourse underlying locally transformed legislation. Given the similarity in wording of certain provisions of the ICCPR and of the Basic Law, the varying interpretation of these provisions and varying treatment of aliens in the implementation of the ICCPR illustrates the paradigm of selective adaptation of international norms as a coping strategy to balance local needs against the requirement for compliance with external rules. The article suggests the importance of a normative consensus in the local implementation of international human rights standards in that the sharing of international human rights rules does not necessarily indicate consensus on the normative order underlying those rules.

During the First World War, the German Australian community, the largest non-Anglo-Celtic group, became the target of a relentless campaign of persecution, internment and deportation that resulted in its dismemberment and the destruction of its socio-cultural infrastructure. Under the country’s belligerent Prime Minister, W.M. Hughes, the machinery of government was used to suspend basic civil rights and the rule of law, while Australian civilians were called upon to participate in the “homefront war” against an imagined internal enemy. The government’s aim was to serve the cause of Im- perial Britain and its commercial supremacy, and to secure the future of White Australia as the home of an imaginary, exclusive “British race.”

This article explores state practices in Romania that lead to the non-, de-, and redocumenting of tens of thousands of inhabitants. Unlike state practices of (non)recording aliens (asylum seekers, refugees, undocumented migrants), the scale of dedocumenting native citizens in Romania exposes a deliberate and systematic modality of governance through exclusion from state records. These practices of citizenship dispossession lead mostly to the gender discrimination of marginalized women and the racial exclusion of Romani ethnics. People who were born and live on the state’s territory become de facto stateless. By scrutinizing state regulations and institutional practices, this article unravels the logic of dedocumenting citizens, a process that allows state actors to select those who belong to the nation on the basis of criteria that are incompatible with basic civil and human rights. This selective modality of recording endows state actors with crucial and direct control over the political and economic lives of undocumented citizens.

State sovereignty in international law is not a solution, in the international world as a legal entity that acts as a subject of international law. This also happens between one country or another, which can then be announced the deeds agreed to by each country are not appropriate, because they must be approved by the deeds of other countries or we can call it the Relativity of State.There are three thoughts in understanding the concept of state sovereignty over developing air space. The first is that air space cannot be used or used by anyone because in principle, the state does not have sovereignty. Secondly, special rights such as freedom of air that do not limit the height of the airspace boundary are obtained by the State of the Netherlands. And finally, the principle that the state has freedom of airspace, but there is a territory or territorial zone that gives certain rights to the under the state that can be implemented. This research has the purpose of being able to know and analyze how the regulation and accountability of the state in an effort to protect and maintain the country's sovereignty over air space viewed from the perspective of international law. The research method used in this study is the normative juridical library method, where this normative juridical research is a study using literature with primary data such as laws and regulations, the scientific work of scholars, as well as from several books. Then it will be explained or described in a deductive description supported by literature study. Based on the results of research and discussion, we can find out that the thinking on the concept of state sovereignty territory starts from the three theoretical ideas mentioned earlier. Then put together in international agreements as stated in the 1944 Chicago International Civil Aviation Convention especially the definition of state sovereignty over air space, paragraph 1 which reads "the contracting states recognize that every state has complication and exclusive sovereignty over the airspace above its territory". The state is fully responsible for the maintenance and protection of the country's sovereign territory over air space.

The U.S. Supreme Court has finally decidedKiobel v. Royal Dutch Petroleum Co.It is the Court’s second modern decision applying the cryptic Alien Tort Statute (ATS), which was enacted in 1789. Since the 1980 court of appeals decision inFilartiga v. Pena-Iralapermitting a wide of range human rights cases to go forward under the statute’s auspices, the ATS has garnered worldwide attention and has become the main engine for transnational human rights litigation in the United States. The statute itself and the decisions that it generates also serve as state practice that might contribute to the developing customary international law of civil universal jurisdiction, immunity for defendants in human rights cases, the duties of corporations, and the right to a remedy for violations of fundamental human rights. During the 1990s, the ATS became the focal point for academic disputes about the status of customary international law as federal common law. Indeed, to the extent that the “culture wars” have played out in U.S. foreign relations law, the ATS has been their center of gravity.

The U.S. Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co. has ushered in a new era for human rights enforcement. Unanimously, the Court ended so–called foreigncubed human rights cases, that is, litigation where foreign plaintiffs sue foreign defendants for activity occurring abroad. The broadest form of universal civil jurisdiction that the Second Circuit's decision in Filártiga v.Pena–Irala once appeared to promise is over. Alien Tort Statute (ATS) litigation, while not foreclosed, has become more limited.

Cities have long been the destination of those on the move. Migrationand especially immigration always raise issues of inclusion andexclusion, of rights and obligations, and of the meaning of membershipand citizenship. The particular form and content of thesedebates vary, just as host countries, national and local governments,and immigrant populations vary. Over the past few decades, patternsof immigration have begun to shift away from classical immigrationcountries (the United States, Canada, Australia) toward the democraciesof the European Union. “In this troubled world, WesternEurope has in fact, become a fragile island of prosperity, peace,democracy, culture, science, welfare and civil rights,” according tourban sociologist, Manuel Castells. “However, the selfish reflex oftrying to preserve this heaven by erecting walls against the rest ofthe world may undermine the very fundamentals of European cultureand democratic civilization, since the exclusion of the other isnot separable from the suppression of civil liberties and a mobilizationagainst alien cultures.”

AbstractThe almost two decade-long bonanza of civil litigation concerning gross human rights violations committed by corporations under the US Alien Tort Statute 1789 was scaled back by the US Supreme Court in Kiobel v Royal Dutch Petroleum in April 2013. The court restricted the territorial reach of human rights claims against transnational corporations by holding that the presumption against extra-territoriality applied to the Act. Thus Shell, the Dutch/British defendant, and the role it played in the brutal suppression by the Nigerian military of the Ogoni peoples' protest movement against the environmental devastation caused by oil exploration, lay outside the territorial scope of the Act. Legal accountability must lie in a State with a stronger connection with the dispute. While this article briefly engages with the Supreme Court decision, its main focus is on the attitude of Western governments to the corporate human rights litigation under the ATS as articulated in their amicus briefs. In these briefs they objected to the statute's excessive extraterritoriality and horizontal application of human rights to artificial non-State actors. In these two respects corporate ATS litigation created significant inroads into the conventional State-centric approach to human rights and thus provided an opportunity for more effective human rights enjoyment. This article tests the validity of the objections of Western governments to corporate human rights obligations under the ATS against the norms of public international law and against the substantive demands arising out of the shortfalls of the international human rights enforcement.

Common fears about immigration have little basis, such as the fear of being displaced by alien labour or invaded by fundamentalist mobs. Others have some basis, such as those concerning illegal behaviour or the magnitude of inflows, at least in some countries. However the profile of our European democracies may, unless certain policies are pursued, be doomed to change for the worse, not because of these commonly feared dangers but in consequence of the increasing number of workers who do not enjoy basic political, civil and social rights.

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.

On December 14 and 27, 1763, rioters in western Pennsylvania attacked and killed nearly two dozen Conestoga Indians living near Lancaster, Pennsylvania. Five weeks later, two hundred and fifty men, calling themselves the Paxton Boys, marched on Pennsylvania to kill Indians housed there for their protection. These events sparked outrage, as pro- and anti-Paxtonite authors debated the attacks. Defenders of the massacre claimed that they had not only the right but the duty as good British subjects to kill “alien” Indians within the colony’s borders. This article argues that these efforts to articulate the civic rights and duties in the aftermath of the massacre represented a subtle attempt to redefine imperial authority on the frontier. The Paxton rioters, in their actions and their post-hoc justifications, seized sovereign power of life and death and the ability to delimit the meanings of allegiance, casting themselves as sovereign subjects on the frontier.

This Article focuses on a few tools at the disposal of the United Nations Security Council (“UNSC”) to enhance individual (read: civil) responsibility concerning nonstate terrorist actors with a view to opening other avenues of inquiry regarding other subversive nonstate actors (“NSAs”), for instance in the areas of transnational torts, human rights (“HR”) violations, and environmental damage caused by business entities. As discussed in Part V, recent developments surrounding the application of the Alien Tort Claims Act (“ATCA”) in the United States and the prospect of establishing a basis for universal civil jurisdiction further signal that no such solid basis exists in customary international law (or treaty law, for that matter) to hold corporations and individuals accountable for HR abuses, in large part because states are not willing to accept it. Therefore, these developments have created implementation and enforcement gaps in different areas related to civil recovery for violations of international law, of which terrorism-related wrongs form an important part.

On June 30, 1980, the United States Court of Appeals for the Second Circuit issued Filártiga v. Peña-Irala. In this landmark case, the Paraguayan plaintiffs sought to hold Americo Norbeto Peña-Irala, a high-ranking Paraguayan police officer, liable for torture that led to the death of Joel Filártiga in Paraguay. They rested their main jurisdictional argument “upon the Alien Tort Statute, 28 U.S.C. § 1350, which provides: ‘The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.'” The Second Circuit held, “[D]eliberate torture perpetrated under color of official authority violates universally accepted norms of the international law of human rights, regardless of the nationality of the parties. Thus, whenever an alleged torturer is found and served with process by an alien within our borders, § 1350 provides federal jurisdiction.” It added that “Our holding today, giving effect to a jurisdictional provision enacted by our First Congress, is a small but important step in the fulfillment of the ageless dream to free all people from brutal violence.”

This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort claims as avenues for redress of systematic human rights abuses will likely grow in number. The experiences of us courts of general jurisdiction as receivers of international criminal law instruct upon broader patterns of transnational legal migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals.

Abstract The doctrine of the Act of State and State Immunity has its foundation in common law frameworks. It is settled law that there is no cause of action that will make a foreign state liable in the domestic court of another country. In the United States there has been acceptance that certain cases involve “political questions” that are non-justiciable, as they are not a “case or controversy” as required by Article III of the U.S. Constitution. The courts have only intervened either where the federal statutes have applied extraterritorially, such as under the Civil Rights Act 1964 where a U.S. citizen is employed abroad by a company registered in the United States, or under the Alien Tort Claims Act (ATCA) 1789, which protects foreign parties who are designated sufficiently “alien” for the sole purpose of invoking jurisdiction after a civil wrong has been committed against them. There needs to be an evaluation of the U.S. Supreme Court precedents that have asserted judicial oversight in respect of wrongs committed extra-territorially, and their present rationale for retaining the doctrine. This paper also discusses the scope of the Federal State Immunity Act (FSIA) and the Justice Against Sponsors of Terrorism Act (JASTA) that narrow the concept of state immunity when dealing with terrorism by another state or its agents. A comparative analysis with the state immunity doctrine in Canada and the framework for litigation under the merits-based approach by the courts is provided. The common law courts have developed the doctrine of the Act of State and it has become a principle of customary international law. The argument of this paper is that there needs to be a greater focus on the civil injuries that are caused in other jurisdictions that should allow the claimants to litigate in the forum court and for judicial review to be available.

Several topics are covered in the paper. Firstly, a list of sources of law which regulates the issue of the jurisdictions of provincial governors is given form the broader ones to the narrower ones. Jurisdiction of a provincial governor used to come into being in the moment of his entrance to the province. In case he leaves it, his jurisdictions would stop and he would become a private individual. The substitution of the personal jurisdiction of provincial governors, which was significantly shaken by the constitution of Caracalla in 212, with the territorial one, appears to be obvious at the end of the Dominate. The governor used to have civil and military jurisdictions. The former included judicial and administrative powers. Judicial jurisdictions were comprised of those in criminal and those in civil matter. Out of scope of the civil matter, only the examples of the jurisdictions of provincial governors in the matter of property law have been covered in this paper, which, according to the tripartition of Gaius, amounts to ius quod ad res pertinet. Provincial governors were authorised to adjudicate on almost all disputes arising from the everyday life during the formation, protection and termination of rights, not only those related to possessio, dominium, and iura in re aliena, but also those in the matter of obligationes and inheritance.

Abstract The idea of ‘homelanď performed a central role in nationalist debates, and particularly majority/ minority societies exercise the concept of the homeland, religion and religious texts to shaped their nationalist discourse and claimed their rights over a given territory. In this context, nationalism and religion can be understood as contested terms, particularly in third world nation-states including countries like Sri Lanka, which has suffered from the three-decades-long civil war between Sinhala-Buddhist majoritarian government and minority-Tamil community based separatist movement of LTTE. The formation of Sinhala- Buddhist nationalism carries interesting links with the religion and religious textbooks and based on these Buddhist religious and historical claims the majoritarian political mindset of the Sinhala community believes Sri Lanka is their homeland, and other minority communities are alien for the society. The contemporary, political and security discourse of Sri Lanka has strongly brought these Buddhism and religious texts to claim rights over the territory and galvanised ‘Sinhala-Buddhist rights’ over the popular nationalist movement. In this context, the paper discusses ‘how and why Sinhala nationalist movement strongly shaped by the Buddhist religious values and books’ and the rationale behind the link between Sinhala nationalism and Buddhist religion based on the conceptual framework of “Geopiety.”

This article explores the advent of the ‘Undocuqueer’ movement, an activist social network that represents the life chances of undocumented queer youth migrants in the United States, arguing for acceptance, equality and integration, with a particular focus on needs for education. Considering the promise of the Development, Relief and Education for Alien Minors Act (a possible legislative act that would offer education to undocumented migrant youth), this article offers an historical and cultural foundation as to the emergence of the Undocuqueer movement, and also theoretical insight into the use of online technology to produce transmedia testimonials. Relating the significance of the affective queer body, this article argues that the online work of the Undocuqueer movement offers a model of affective queer activism, framing the performative potential of undocumented queer youth and their attempts to attain civil rights.

In the 1960s, in my home town of Jackson, the civil rights leader Medgar Evers was murdered one night in darkness, and I wrote a story that same night about the murderer (his identity then unknown) called ‘Where Is the Voice Coming From?’ But all that absorbed me, though it started as outrage, was the necessity I felt for entering into the mind and inside the skin of a character who could hardly have been more alien or repugnant to me. Trying for my utmost, I wrote it in the first person. I was wholly vaunting the prerogative of the short-story writer. It is always vaunting, of course, to imagine yourself inside another person, but it is what a story writer does in every piece of work; it is his first step, and his last too, I suppose.

Abstract:This article examines the contemporary debate about the spread of transnational law and its sovereigntist critiques. Sovereigntists argue that the rapid development of international and transnational treaties and the emergence of regional human rights courts such as the European Court of Human Rights (ECtHR) undermine sovereignty and thus pose a threat to democratic self-determination. I criticise the new sovereigntism and argue that transnational human rights strengthen rather than weaken democratic sovereignty, and name processes through which rights-norms are contextualised in polities ‘democratic iterations’. I develop the ‘authorship model of democratic legitimacy’ in order to show how constitutional rights and international human rights can be understood to be in harmony and dissonance with one another. The challenge is to think beyond the binarisms of the cosmopolitan versus the civic republican; democratic versus the international and transnational; democratic sovereignty versus human rights law. Distinguishing between state sovereignty and popular sovereignty enables us to do so. By constraining certain sovereign powers of the state, international human rights regimes and courts can enhance popular sovereignty in that they strengthen the rights of the marginalised and the excluded. The article also briefly touches upon the significance of the Alien Tort Statute in US courts from the standpoint of the development of international human rights norms and focuses onHirst v the United Kingdom, recently adjudicated by the ECtHR, to substantiate the distinction between state and popular sovereignty.

The Americans with Disabilities Act (ADA) is widely regarded as one of the most significant pieces of civil rights legislation in American history. Among its requirements, Title I of the ADA prohibits employers from discriminating against people with disabilities and requires that employers make reasonable accommodations for qualified individuals. Many questions about the scope of the reasonable-accommodation mandate remain, however, as federal circuit courts disagree over whether extended medical leave may be considered a reasonable accommodation and whether an employee on leave is a qualified individual. This Note argues that courts should presume finite unpaid medical leaves of absence are a reasonable accommodation under certain circumstances and shift the focus of judicial inquiry to the employer’s burden of showing undue hardship. Creating a presumption for medical leave is consistent with the text and purpose of the ADA, aligns with Supreme Court case law, and serves as a better framework for balancing competing policy concerns compared to existing approaches.

AbstractsThis article revisits the notion of citizenship (politeia) in the ancient Greek world, challenging the traditional conception, based principally on the works of Aristotle, that defines citizenship in terms of political participation. It considers the numerous decrees issued during the Hellenistic period bestowing legal privileges upon foreign benefactors (such as the right to own property, to trade, to enter into a legal marriage, to be exempted from certain taxes, and so on). If the Classical period’s tripartite division of status (citizens, resident aliens, and slaves) remained valid during the Hellenistic period and provided the “infrastructure” of civic societies, the system of privileges established by cities to honor deserving foreigners created a “concatenation” of different positions, which, without calling the hierarchy of legal statuses into question, introduced social fluidity into an interconnected world that was far removed from the Platonic and Aristotelian ideals of the autarchic city.

AbstractThe basic contention of this article is that, contrary to a widely held and influential view, the Chalkis Decree does not constitute evidence that Athens tried to impose democracies on rebellious allies after their subjugation. It contains an exchange of oaths between Athens and Chalkis, confirming an ‘agreement’ (homologia), the contents of which are lost. The oaths show Athenian concern for the protection of the Athenian democracy and its friends at Chalkis, and impose some judicial but no political restrictions on Chalkis to secure Athenian domination and assure the priority of Athenian interests. In fact, the Athenians acknowledge the right of the Chalkidians to insist on the performance of civic duties in Chalkis on the part of aliens (xenoi) resident there. The Athenians among these resident xenoi, who are exempted from these obligations, are neither colonists nor kleruchs, as is sometimes alleged, but most probably individual settlers who had been given land in Chalkidian territory by Tolmides in the 450s.

Plaintiff, a United States citizen employed in Saudi Arabia, brought an employment discrimination suit against defendant, a U.S. corporation, alleging violations of title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e (1982)). The U.S. Court of Appeals for the Fifth Circuit affirmed (per Davis, J.) the district court’s dismissal of the suit for lack of subject matter jurisdiction and held (two to one): (1) that neither the language nor the legislative history of title VII evinces a clearly expressed congressional intent to apply title VII outside U.S. borders; (2) that in the absence of clearly expressed congressional intent to the contrary, the presumption against extraterritoriality controls; and (3) that no “negative inference” extending the reach of title VII should be drawn from its “alien exemption” provision. Judge King’s dissent discussed international law principles not addressed by the majority. The Fifth Circuit subsequently granted on December 23, 1988, the petition for rehearing en banc submitted by plaintiff and various amici, including the Equal Employment Opportunity Commission (EEOC).

The present study contextualizes how symbolism is employed by writers of ethnically minority in the United States as an avenue of their agency and criticism against the dominant white perspective. The history of American minorities is marred with legacy of racial discrimination and segregation which highlights the inequality of race. Literature as a cultural production captures the experiences of the marginalized and the use of symbolism is intended to transform themes into the field of aesthetics. This study is a qualitative research which is conducted through the post-nationalist American Studies framework in order to focus on the minorities’ experience instead of the Anglo-Saxon outlook. The object of the study is three playscripts written from authors from Mexican-American, African-American and Asian-American to emphasize how discrimination is faced by multi-ethnic. The finding suggests how symbolism in these literary works intends to counter the stereotypical representation of Mexican-American, aligns with the passive resistance of the Civil Right Movement and subvert binary opposition of East and West which exoticizing the East. Keywords : minority literature in the U.S , symbolism, post-national

The European Union (EU) and its member states have sought to curb unauthorized maritime migrant arrivals through a proactive combination of deterrence, intelligence, surveillance, anti-smuggling activities, border enforcement, and policing and readmission collaboration with Turkey, Libya, and Libya’s African neighbors. Through these actions, the right to seek asylum is being de facto transformed into a state-granted permission to seek asylum. Containment policies ensure that one cannot ask for sovereign permission without first paying smugglers. In support of their policies, EU and national authorities widely use an anti-smuggling discourse that focuses on the ruthlessness of smugglers and the passive victimhood of migrants, including asylum seekers and refugees. This rhetoric aligns itself with what is perceived to be politically palatable, and it contributes to preserving a volatile status quo. EU and national policies have failed to significantly curb maritime arrivals. Migrants face worsened conditions on Libyan soil, and death at sea. In recent memory, 2011 was seen as the deadliest year on record for Mediterranean migrations, only to be surpassed first by 2014 and then by 2016. During 2017, at least 3,119 persons died or went missing in the Mediterranean Sea ( UNHCR 2017b ). Deterrence, containment, and the related war on smuggling prove ineffective and do not justify such a heavy cost. They quell the outrage cyclically generated by powerful images of Mediterranean carnage, even as they fail to mitigate the carnage itself. European and other liberal-democratic governments can act in more pragmatic, just, and dignified ways, including by attending to migrant agency and to local civic engagements. Provisions for family reunification, refugee resettlement, study visas, and temporary protection should be enhanced. More ambitiously, governments need to reverse the very policies that eviscerate the right to seek asylum. In addition, labor immigration quotas should be set that go beyond attracting skilled “talent” and seasonal workers, to reflect the demands of the job market and of Europe’s ageing societies, while protecting worker rights. Such measures would lessen unauthorized arrivals and the demand for smugglers, ease asylum workloads, and challenge nativist arguments. There is always a political market for effective policies such as these, but until European authorities begin to reject easy resort to tropes of ruthless smuggler criminality, that market will remain disturbingly untapped.

В статье автором комплексно с учетом положений уголовного и гражданского законодательства рассматривается такой признак преступления, как чужое имущество , в свете проблематики прав учредителей либо бенефициарных владельцев. Автор обращает внимание на дискуссионность предмета посягательства, которая определяется сомнениями в возможности признания имущества чужим для указанных лиц. Кроме того, важное значение для квалификации имеют отличительные признаки предмета присвоения или растраты, а именно «имущество, вверенное» виновному, относительно которого ни в научной литературе, ни в судебной практике пока нет единства мнений. Сделан вывод о том, что под предметом присвоения или растраты, совершенных лицом с использованием своего служебного положения, следует понимать имущество, находящееся в правомерном владении или правомерном ведении по основаниям, не влекущим перехода права собственности или не связанным с односторонним актом (действием) приобретателя и предусмотренным законом, гражданско-правовым (например, договор доверительного управления имуществом, договор об учреждении юридического лица) или трудовым договором или договором о материальной ответственности, уставом юридического лица, - у должностных лиц, обладающих признаками, предусмотренными п. 1 примечаний к ст. 285 УК РФ, государственных или муниципальных служащих, не являющихся должностными лицами, а также иных лиц, отвечающих требованиям, предусмотренным п. 1 примечаний к ст. 201 УК РФ, а также юридического лица или иной организации, не являющейся юридическим лицом по иностранному праву. In the article, the author comprehensively considers, taking into account the provisions of criminal and civil legislation, such a sign of a crime as someone else's property, in the light of the problematic rights of founders or beneficial owners. The author draws attention to the debatable nature of the subject of encroachment, which is determined by doubts about the possibility of recognizing the property as alien to these persons. In addition, the distinguishing features of the subject of appropriation or embezzlement, namely “property entrusted” to the perpetrator, regarding which there is no consensus in the scientific literature or in judicial practice, are important for qualification.

The following article examines aspects of the United States Agency for International Collaboration (USAID) programs influence in the rule of law field, started in the USSR during the early 90s. USAID-funded Rule of Law implementers helped draft the Russian Constitution, Part I of the Russian Civil Code, and the Russian Tax Code. The American Bar Association of the USA took an active part in changing Russian legislation since 1992, which was also funded by the USAID. The Constitution of 1993 included a provision on the priority of international law over national legislation. This provision was also included in Article 1 of the Criminal Code and in Article 1 of the Russian Code of Criminal Procedure. The article also deals with an enshrined supremacy of the Constitution found in the US Constitution and that of the European countries. For example, if there is a conflict between constitutional provisions and an international treaty, priority is given to the Constitution. Not all states recognize certain norms and implement them, just as legal practice is not always identical. Attempts to introduce alien values, ideologies, cultures and traditions, all the more with the help of international law, pose a threat to the democratic foundations of the Constitution as a legal act that has the highest legal force in the legal system of the state. The author suggests that the text of the Constitution of the Russian Federation would see the provision removed, according to which international law forms an integral part of the legal system of the Russian Federation. Amendments to the Constitution of the Russian Federation will strengthen Russia’s independence in the sphere of law, bringing back the best traditions of the functioning state authorities and judicial bodies, which should correspond to the current development of Russian society. Keywords: international law, constitutional law, the rule of law, double standards, human rights.

Conservative movements have generally played a negative role in accounts of the history of political expression in Britain during the period of the French Revolution. Where E. P. Thompson and others on the Left tended to identify radicalism with the disenfranchised and with a struggle for the rights of free expression and public assembly, conservative activists have been associated with state campaigns of political repression and legal interference. Indeed, conservatism in this period is typically conceived in negative terms, as antiradicalism or counterrevolution. If this has been the view of hostile commentators, it is consistent with a more sympathetic mythology that sees nothing novel about the conservative principles that emerged in late eighteenth- and early nineteenth-century Britain. They represent an establishment response to alien challenges. Even where conservatives set about mobilizing the resources of print, opinion, and assembly in a constructive fashion, the reputation for interference has endured. John Reeves's Association for Preserving Liberty and Property against Republicans and Levellers is a useful case in point, since it managed in its brief but enterprising history to combine fierce anti-Jacobinism with the later eighteenth century's rising tide of voluntary civic activism. The association came together at the Crown and Anchor Tavern when a group of self-professed “private men” decided “to form ourselves into an Association” and announced their intentions through the major London newspapers in November and December of 1792. The original committee then called on others “to make similar exertions in their respective neighbourhoods,” forming energetic local associations that would be linked by regular correspondence with the central London committee. In this way, the loyalist movement grew with astonishing speed.

Abstract People-centred mental healthcare is an influential concept for health system strengthening and sustainable development that has been developed and promoted primarily in Western contexts. It characterizes service users, families and communities as active participants in health system development. However, we have limited understanding of how well people-centred mental healthcare aligns with the multiplicity of peoples, cultures, languages and contexts in low- and middle-income countries (LMICs). Timor-Leste, a lower-middle income country in South-East Asia, is in the process of strengthening its National Mental Health Strategy 2018–22 to align with people-centred mental healthcare. To support the implementation of this Strategy, this study investigated the acceptability and feasibility of people-centred mental health services in Timor-Leste. In-depth semi-structured individual (n = 57) and group interviews (n = 15 groups) were conducted with 85 adults (≥18 years). Participants were service users, families, decision-makers, service providers and members of civil society and multilateral organizations across national and sub-national sites. Government and non-government mental health and social care was also observed. Framework analysis was used to analyse interview transcripts and observation notes. The study found that the ecology of mental healthcare in Timor-Leste is family-centred and that government mental health services are largely biomedically oriented. It identified the following major challenges for people-centred mental health services in Timor-Leste: different sociocultural perceptions of (in)dividual personhood, including a diminished status of people with mental illness; challenges in negotiating individual and family needs; a reliance on and demand for biomedical interventions; and barriers to health service access and availability. Opportunities for people-centred mental healthcare are better available within the social and disability sectors, which focus on social inclusion, human rights and peer support. Accounting for local cultural knowledge and understandings will strengthen design and implementation of people-centred mental healthcare in LMIC settings.

AbstrakPenyelenggaraan pelayanan publik merupakan upaya negara untuk memenuhi kebutuhan dasar dan hak hak sipil setiap warga negara atas barang, jasa, dan pelayanan administrasi yang disediakan oleh penyelenggara pelayanan publik. Di Indonesia, UndangUndang Dasar 1945 mengamanatkan kepada negara agar memenuhi kebutuhan dasar setiap warganya demi kesejahteraannya, sehingga efektivitas suatu sistem pemerintahan sangat ditentukan oleh baik buruknya penyelenggaraan pelayanan publik. Penyelenggara pelayanan publik di Indonesia adalah semua organ negara seperti Pemerintah Pusat, Pemerintah Daerah (Provinsi, Kabupaten, Kota). Dalam hal ini, Pembukaan Undang-Undang Dasar 1945 pun pada alinea ke-4 secara tegas menyatakan bahwa salah satu tujuan didirikan Negara Republik Indonesia adalah untuk memajukan kesejahteraan publik dan mencerdaskan kehidupan bangsa. Faktor yang mempengaruhi tidak berjalannya pelayanan publik dengan baik yaitu: Masalah struktural birokrasi yang menyangkut penganggaran untuk pelayanan publik. Yang mempengaruhi kualitas pelayanan publik adalah adanya kendala kultural di dalam birokrasi. Selain itu ada pula faktor dari perilaku aparat yang tidak mencerminkan perilaku melayani, dan sebaliknya cenderung menunjukkan perilaku ingin dilayani. Kondisi birokrasi Indonesia saat ini sudah tidak sesuai dengan tuntutan organisasional yang baru. Artikel ini menggunakan metode penelitian pustaka (library research). Di Indonesia, birokrasi di departemen atau pemerintahan paling rendah, yang diutamakan adalah masukan dan proses, bukan hasil. Karenanya, yang selalu diperhatikan oleh para pelaku birokrasi adalah jangan sampai ada sisa pada akhir tahun buku.Kata Kunci : Good Governance, Pelayanan Publik, Birokrasi. AbstractThe implementation of public services is an effort by the state to fulfill the basic needsand civil rights of every citizen for goods, services, and administrative services provided bypublic service providers. In Indonesia, the 1945 Constitution mandates the state to fulfill thebasic needs of every citizen for the sake of their welfare, so that the effectiveness of agovernment system is largely determined by the good or bad implementation of public services.Public service providers in Indonesia are all state organs such as the Central Government,Regional Government (Province, Regency, City). In this regard, the Preamble to the 1945Constitution even in the 4th aliena expressly states that one of the objectives of theestablishment of the Republic of Indonesia is to advance public welfare and educate thenation's life. Factors that influence the ineffectiveness of public services, namely: Structuralproblems of the bureaucracy concerning budgeting for public services. What affects the qualityof public services is the existence of cultural constraints in the bureaucracy. In addition, thereis also a factor in the behavior of the apparatus which does not reflect the behavior of serving,and on the contrary tends to show the behavior of wanting to be served. The current conditionof the Indonesian bureaucracy is no longer in line with the new organizational demands. Thisarticle uses the library research method. In Indonesia, the bureaucracy in the lowestdepartment or government, which prioritizes input and process, not results. Therefore, what bureaucracy actors always pay attention to is that there should be no leftovers at the end ofthe financial year. Keywords : Good Governance, Public Service, Bureaucracy

It is a great pleasure to introduce the second volume second issue of our journal into the global community yearning for high-quality, impactful papers. IPJAF continues to seek and provide readers throughout the world with technology supported peer-reviewed scholarly articles on a broad range of established and emergent areas of accounting, finance, business, economics, and social sciences. I am resolute to maintain the high-quality standard of research and publication which is anchored on the exemplary service and dedication of our editorial board, editorial review and the editorial office. This volume 2, issue 2 comprises five manuscripts dealing with financial accounting, taxation, and auditing. The first article entitled “Examining the independent audit committee, managerial ownership, independent board member and audit quality in listed banks” by Dr. Hisar Pangaribuana (Adventist University of Indonesia, Bandung, Indonesia), Dr. Jenny Sihombinga (Adventist University of Indonesia, Bandung, Indonesia), and Dr. Oluwatoyin Muse Johnson Popoola (Tunku Puteri Intan Safinaz School of Accountancy, College of Business, Universiti Utara Malaysia) examines the effects of the independent audit committee on the relationship between managerial ownership and independent board member on audit quality in the Indonesian listed banks. The unit of analysis is companies carrying on the banking business and listed on the Indonesian stock exchange (IDX) between the period of 2010 to 2015. This study is explanatory (i.e., causal predictive), and uses the second generation structural equation modelling statistical analysis tools, PLS-SEM and PROCESS Partial Least Square for hypotheses testing. The results show that the independent board member has a significant impact on the independent audit committee and the audit quality. The study reveals that managerial ownership does not influence audit quality. The adoption of the independent audit committee with a long tenure of years can be potentially risky and less creative. As a result, their oversight functions may be in jeopardy, impaired or reduced performances. The research findings reveal no significant indirect effects of the independent audit committee on the relationship between managerial ownership, independent board member and audit quality in the banks listed in IDX. Independent board members need to renew the appointment of the independent audit committee members to improve the quality of the oversight functions undertaken by the audit committee, and hence, enhance audit quality. The authors suggest further research on the ideal level of managerial ownership and number of an independent board member to produce a good audit quality in the Indonesian listed banks. The second article titled “Salaried taxpayers’ internal states and assessment performance under self-assessment system: a quasi-experimental evaluation” by Dr. Noraza Mat Udin (Tunku Puteri Intan Safinaz School of Accountancy, College of Business, Universiti Utara Malaysia) takes a look at the first reform that impacts taxpayers, that is, the implementation of self-assessment system (SAS) to replace the old assessment system in 2004. The perception is that SAS had entirely changed the taxpayers’ responsibilities from being assessed by the tax authority to a person who is responsible for assessing own income tax liability. Her study explores the public fora debates on whether taxpayers can perform their responsibilities that were previously handled by trained tax personnel in Malaysia. Her paper reports the findings of a quasi-experimental evaluation of salaried individual taxpayers’ in the early stage of SAS implementation. She argues that a lot needs to be done, notwithstanding SAS had been implemented for more than a decade, the problem of taxpayer performance is continuing due to the dynamic nature of taxation in reality. The data were collected using a quasi-experimental method known as posttest-only no-treatment control group design. The sample comprised post-graduate students, who were actual taxpayers. Among the elements of the taxpayer’s internal states considered in this study, tax knowledge was found to have a significant relationship with assessment performance. Further analysis was conducted which showed that the majority of tax knowledge dimensions had a significant relationship with taxpayer assessment performance. The findings of this study have contributed to the body of knowledge because there is a general dearth of published research, particularly in Malaysia that investigates taxpayer assessment performance especially using an experimental approach. The third article with a caption, “Working capital management and firm performance: lessons learnt during and after the financial crisis of 2007-2008 in Nigeria” by Mr. Sunday Simon (Tunku Puteri Intan Safinaz School of Accountancy, College of Business, Universiti Utara Malaysia), Dr. Norfaiezah Sawandi (Tunku Puteri Intan Safinaz School of Accountancy, College of Business, Universiti Utara Malaysia), and Prof. Dr. Mohamad Ali Abdul-Hamid (Department of Accounting, College of Business Administration, University of Sharjah, United Arab Emirate) examines the relationship between working capital management (WCM) and firm performance during and after the financial crisis of 2007-2008 in Nigeria. The authors argue that the financial crisis could be attributable to the deterioration and ultimate failure of WCM performance that affected many Nigerian firms. During the crisis, lending conditions were deeply affected, and financing operations became challenging for firms. Although research findings on the causes and effects of the crisis on the economy are known, what remains unknown is whether the financial crisis had a significant impact on WCM performance. The differences between the two periods, the crisis period and then after the crisis period, is operationalised through two analyses. The findings indicate that WCM variables have more explanatory power (R2) in the period after the crisis than during the crisis. Also, the results of the Cramer Z-statistic, which examined between sample comparisons of the R2, revealed that the Z-scores are significant, implying that a significant difference existed between the two periods. It suffices to say that WCM was affected during the financial crisis and led to low profitability, whereas, during the after-crisis period, WCM associates with higher profitability. These findings have implications for managers and policymakers because access to financing has become a global problem and adequate WCM management increases a company’s resilience to financial and external shocks. The fourth article entitled “The Influence of Technology Readiness on Information Technology Competencies and Civil Conflict Environment” by Prof. Dr. Kamil Md. Idris (Tunku Puteri Intan Safinaz School of Accountancy, College of Business, Universiti Utara Malaysia), Associate Prof. Dr. Akilah Abdullah (Tunku Puteri Intan Safinaz School of Accountancy, College of Business, Universiti Utara Malaysia), Haetham H. Kasem Alkhaffaf (OYA Graduate School of Business, College of Business, Universiti Utara Malaysia), and Al-Hasan Al-Aidaros (Islamic Business School, Universiti Utara Malaysia, Malaysia). Their study confirms prior findings that the Technology Readiness scale can capture the association among technology readiness and technology usage behaviours. The study also expands earlier research by investigating the impact of technology readiness on individual competency among accountants to using IT in a workplace under the intensity of civil conflict in Iraqi environment. The result shows that there is a positive significant relationship between technology readiness and the IT competencies of Iraqi accountants. It implies that the technology readiness regarding willingness, enthusiasm, and motivation of accountants using IT has an impact on their IT competencies. In other words, the higher the readiness of the accountants in making use of technology, the higher their competence in the use of IT. This study contributes to the body of knowledge in terms of theory, method and practice in Iraq especially and developing countries in general. The fifth article titled “Mediating effect of Quality-differentiated Auditor on the relationship between Managerial ownership and Monitoring mechanisms” and authored by Dr. Rachael Oluyemisi Arowolo (Chrisland University, Nigeria), Prof. Dr. Ayoib Che-Ahmad (Tunku Puteri Intan Safinaz School of Accountancy, College of Business, Universiti Utara Malaysia), Dr. Oluwatoyin Muse Johnson Popoola (Tunku Puteri Intan Safinaz School of Accountancy, College of Business, Universiti Utara Malaysia) and Dr. Hisar Pangaribuana (Adventist University of Indonesia, Bandung, Indonesia) examines the relationship between Managerial Ownership (MO) and MMs with quality-differentiated auditors (QDA) as the channel for the relationship. Over the past decade, most studies in corporate governance and audit market emphasised the importance of monitoring mechanisms (MM), especially after the global economic meltdown resulting from the Enron saga. The literature on MM continues growing as many countries especially the Sub-Saharan Africa are still struggling to come out of the effect of the economic meltdown and businesses continues to fail or merge. The study used data from non-financial listed companies in Nigeria providing empirical supports that MO significantly associates with MMs in the right direction. Likewise, QDA also influences the MMs in the right direction suggesting that QDA is necessarily required to enhance adequate MMs. The findings of this study provide support for the association of MO and MMs with the intervention of QDA for solutions to agency problems. Companies should, therefore, motivate the management to own shares within the reasonable range that aligns the interest of the management with that of the shareholders. This paper adds to knowledge especially in Nigeria and Sub-Saharan Africa by examining a mediating effect to depict the relationship between MO and MM, which are not evident in prior studies It is my conviction that in the coming year, the vision of IPJAF to publish high-quality manuscripts in the established and emergent areas of accounting and finance from academic and professional researchers will be sustained and appreciated. As you read throughout this volume 2, issue 2 of IPJAF, I would like to remind you that the success of our journal depends on you, your friends and colleagues as stakeholder through the submission of high-quality articles for review and publication. Once again, I acknowledge with gratitude your continued support as we strive to make IPJAF the most authoritative journal on accounting and finance for the community of academic, professional, industry, society and government. Oluwatoyin Muse Johnson Popoola, PhD Editor-in-Chief popoola@omjpalpha.com

INTRODUCTION. A specific feature of the current state of international relations is the existence of elements that reflect the growing antagonism between the leading countries that make up the world order, as well as between such countries and those international associations that are supposed to regulate and sometimes directly manage the cooperation among the subjects of international relations. The totality, the acuteness and the complexity of these antagonisms determine the phenomenon which is defined as a “crisis” by the experts who analyze the nature and the development of international relations. The article below analyzes different opinions of legal experts in relation to the objective needs of legal regulation of international affairs expressed from the view point of prospects and new forms of such regulation, as well as the legal instruments used by the countries when faced with encroachment on them on the part of other players, i.e. states and their associations. The author mentions the fact that the political, economic and legal development of the system of international relations in the last few decades has become sustainably dependent on the integration processes taking place within the framework of the world order in whole, i.e. on something commonly defined as the “globalization”, while the objective prerequisites for the harmonious integration with interests of all countries taken into account are often absent in the designated processes and the main drivers of globalization efforts are those subjects of international relations that get most of the benefits from these processes, such as states, public organizations, specific public figures. As a result, the customary and efficient forms and contractual relations in international law are being re- placed with the ideas of “global law” or “supranational law” based on the intent to implement the “denationalization” of law by way of submitting the legal systems of some sovereign states to the will of international institutions. The activities of such institutions established numerously in the post-war period are of increasingly administrative nature in cases when such organizations are vested with authoritative, supervisory or other similar powers whilst the specific features of national legal order are ignored. A separate issue in the development of international law, both at the doctrinal level and in terms of practices of international administrative and judicial bodies, is the trend towards the stimulating of the loss of the so-called “national legal identity” in favor of various network-based, surrogate and culturally unspecific forms of regulating relationships, first and foremost economic ones. The dilution of legal norms, standards and rules that are customary for the population of the developed countries makes a notable impact on the public con-science, creating the objective preconditions for a boom in “legal nihilism” and the public negation of the necessity to abide with the rules of law, all this going in parallel with such inadequately working principles as the “supremacy of law”, “observance of civil rights”, “democratic basis of social structure” etc. In the opinion of the author, the fact that the Western countries and their closest allies have lost the perception of the necessity to preserve the distinction and the independence of the legal concepts and institutions created during the centuries of the world development and have made their choice in favor of the expansion of the functions of international organizations and associations is the historical phenomenon that characterizes a certain stage in the development of the world order. The creation of economic and political forms at this stage is followed by the development of law that is cyclical, uneven and not always logical from the viewpoint of historical process. The return of the law to its traditional, system-level basics that are clear to everyone taking part in the social relations is often facilitated by crises, such as the one in place today when the existing challenges and problems are complemented by the objective force majeure events like the virus attack in 2020 which the amorphous “network-based” instruments or not entirely just and efficient elements of the “international legal order” cannot cope with, as opposed to the active governmental and legal mechanisms of sovereign states capable of ensuring the balance of legal instruments and administrative levers of management in crisis situations.MATERIALS AND METHODS. The methodology of the analysis is comprised of the system-based and formally jurisprudential methods that analyze not only the theoretical works of the leading Russian and foreign scientists, but also a considerable bulk of legal standards, judicial acts and sources pertaining to the activities of international organizations. This allows to look upon the general trends in the development of Russian domestic law and international law institutions, statutory acts and relevant legal doctrines, as well as to demonstrate their interdependence and the similarity in some of the lines of their development. The issue of conflict interaction of national (in particular, Russian) legal systems and the activities of international judicial bodies is discussed separately in the article. The obvious dependence of the activities of international judicial bodies based on the relevant international agreements and conventions on the political situation in the world is also shown in the article. A conclusion is drawn as to the advisability of revision of the key provisions of international acts adopted in different times and regulating the procedure for the formation and operation of international judicial bodies, such revision required so as to provide for the supremacy of the Russian Constitution in cases of conflicts between the court orders and the provisions of the fundamental law of Russia.RESEARCH RESULTS. The articles outlines the results of the analysis of the issue of state sovereignty and national jurisdiction from the viewpoint of the efforts taken by the leading Western countries with a view to ensure the advantages of their legal and judicial systems in the process of international, first and foremost, economic cooperation. Conclusions are drawn in the article as to the ways and forms of competition in the sphere of law whereby the separate groups of countries, seeking to constrain its economic rivals, impose such ways of regulating the economic activities that give advantages to specific economies to the detriment of the others. One of the aspects of such competitive practice, as the author believes, is the set of anti-offshore measures extensively implemented at the initiative of the US tax agencies and the international tax agencies marching in their lockstep in order to undermine the reputation of major Russian companies and create the conditions for the worldwide persecution of Russian businessmen and government officials.DISCUSSION AND CONCLUSIONS. Based on the examination of new phenomena in the international law practice, the author concludes that the efficiency of legal instruments aimed at the protection of Russian national interests, including those of the Russian private business, against various abuses and discriminatory acts on the part of foreign laws enforcement agencies and judicial bodies, must be enhanced. The application of the principle of “extraterritorial jurisdiction” intensively applied in the US courts is demonstrated by the examples of UD doctrines, such as “arm’s length” and Alien Tоrt Statute that are actively used in the American judicial system contrary to the principles and rules of application of the decisions of national courts enshrined in the relevant international covenants. A conclusion is drawn in respect of the growing influence of the social and political processes on the development of international law institutions and mechanisms for the regulation of public processes. As noted by the author, it is necessary to integrate the efforts of legal experts from different law schools and traditions in order to preserve the role of the main public regulator played by both national and international law.

Suspicion of Muslim minorities in Western countries did not start with the attacks of September 11, 2001. The post 9/ll period, however, amplified existing prejudice. Muslims have come under intense scrutiny on the chance that they might be terrorists and have been targeted by most of the counter-terrorist measures adopted since then. In the United States, the initial objective was to catch foreign radicals, as illustrated by the FBI’s massive investigation called “PENTTBOM” which sought to identify aliens involved in the attacks. Additional measures such as the Absconder Apprehension Initiative (AAl) and the implementation of the National Security Entry-Exit registration System (NSEERS), adopted in 2002, targeted foreign Muslims. The enactment of new statutory provisions designed to identify and apprehend foreign terrorists was soon followed by a catch-all strategy targeting all Muslims living in the US. Furthermore, the broad definition of what constitutes a terrorist threat (as developed by the 2001 PATRIOT Act, the 2005 REAL ID Act, and the 2007 Protect America Act) has allowed US authorities to extend the list of terrorist offenses–leading to increased infringement on civil liberties in the name of security. Governmental discrimination also fueled prejudice against Muslims by providing ajustification for anti-Muslim sentiments. A large section of the public welcomed racial/ethnic profiling and various measures limiting the civil rights and the civil liberties of Muslims as a way to improve homeland security.

Abstract By retracing the fate of stateless people of German origin, mainly former Reich citizens, who suffered persecution as enemy aliens during the First World War and in the 1920s, the article examines the ambiguities of stateless status in terms of enjoyment of civil rights and national inclusion (and exclusion). In particular, the essay highlights how statelessness was a resource for many stateless persons of German origin to protect their property rights in administrative and judicial proceedings in the Entente countries, mainly to free their seized assets. Their story was an example of the multifaceted nature of statelessness in postwar Europe. The article focuses on the issue of the recognition of their status in Western Europe—particularly Belgium, France and the United Kingdom—in order to show the variety of criteria that guided the choices of governments and courts. In several national and imperial contexts, there was a tension between the judicial and executive powers that raised issues of sovereignty and rule of law in postwar democracies. Finally, the essay analyses the relationship between stateless persons of German origin and the Weimar Republic. On many occasions, the German state offered its diplomatic and financial support to enable those former citizens to recover their property. By analysing the diplomatic efforts and the provisions on compensation, the article points out the ambiguity around national and legal belonging to the German nation.

“Korematsu v. United States” is one of the most important and precedential cases in the history of United States in terms of introducing new legal practices and approaches, as well as raising people's legal and cultural awareness. This is a case that is similar in content to other controversial and almost discriminatory rulings in recent U.S. jurisprudence, but differs substantially from most of them in its paradigmatic and historical significance. Korematsu v. United States has been viewed in the US history as a model of the opposition between the need to ensure national security and the individual rights of full-fledged citizen of the country. It can be said that today the decision is completely overcome in formally, however there is a big gap between the formal overcoming of the decision and the complete exhaustion of the disputed issue within the legal society (which can only be achieved by implementing new laws and moving to a new stage of legal development). The prelude to all this was the morning of December 7, 1941, when the Japanese Air Force launched an attack against the United States Pacific Fleet, based in the waters of Oahu Island, the capital of Hawaii, at Pearl Harbor. It is safe to say that out of the losses incurred in one particular operation in the history of the United States, the bombing of Pearl Harbor by Japan ended in the most tragic consequences for the United States. On February 19, 1942, President Franklin D. Roosevelt signs Executive Order N9066, initiating a controversial World War II policy with lasting consequences for Japanese Americans. The document ordered the removal of resident enemy aliens from parts of the West vaguely identified as military areas. Japanese Americans were forced to relocate to so called internment camps because they were a vulnerable group for the Japanese Intelligence Agencies, which the authorities claimed posed a potential threat to the national security. Fred Toyasaburo Korematsu was born is Oakland, California on January 30, 1919. He was a Japanese American civil rights activist, who actively resisted the execution of Order N9066 and, unlike his parents, refused to leave his place of residence and move to Internment camp, which later served as a reason for his arrest. It is still disputed whether the decision and the executive order N9066 on the relocation of Americans of Japanese descent were motivated by discrimination or the state acted simply out of a need to ensure National Security. As already mentioned, it all depends on which side we look at the overall picture from.

This article discusses the possibility that Mexican victims of human rights violations may take advantage of the contents of the Alien Tort Claims Act to sue Mexican officials for extra-contractual civil liability in the event that they suffer damages derived from the use of firearms, technology, or otherwise, linked to the Merida Initiative. We analyze the Merida Initiative to Combat Illicit Narcotics and Reduce Organized Crime Authorization Act of 2008, and the Alien Tort Claims Act, also known as the Alien Tort Statute. We also refer to related Acts such as the Foreign Sovereign Immunities Act and the Torture Victim Protection Act, as well as to cases that help to understand the scope and limitations of the Alien Tort Claims Act. We conclude that the Merida Initiative and the resources allocated under it have deepened human rights violations in Mexico, and that the Alien Tort Claims Act could be invoked by Mexicans victims of such violations and of the “war” against drug trafficking under the framework of the Merida Initiative.

For want of an effective and accessible universal system for redress of international human rights abuses, victims of human rights violations increasingly seek reparations in domestic civil courts. In the United States in particular, the federal courts, since the 1980 Filártiga decision of the U.S. Court of Appeals for the Second Circuit, have already decided on a remarkable number of civil suits alleging human rights violations committed abroad, the most recent example of this trend being a class action of members and supporters of opposition political groups in Zimbabwe who invoke the so-called Alien Tort Claims Act (ATCA) against President and Foreign Minister Robert Mugabe with respect to alleged acts of torture. According to the proponents of such lawsuits, international human rights litigation in domestic civil courts can serve as an important tool in the worldwide effort to enforce international norms concerned with the protection of the individual which may complement criminal prosecutions of the offenders. As stated by Professor Stevens, who has litigated many of the international human rights cases in the U.S. federal courts, \\\“civil lawsuits for human rights violations […] serve a role similar to tort litigation in a domestic forum: to offer victims of violence a legal remedy which they control and which may satisfy needs not met by the criminal law system.\\\”

“I’m saying let’s make it 84 percent turnout in two years, and then see what happens!” …“Oh, yes! Vote! Dress yourself up, and vote! Even if you only go into the voting booth and pray. Do that!” Bernice Johnson Reagon and Toni Morrison on the 2000 Presidential election in June Jordan’s essay, “The Invisible People: An Unsolicited Report on Black Rage” (2001) On September 17, 2003, Citizenship Day, the United States was to adopt a new version of its Oath of Allegiance. The updated version would modernize the oath by removing cumbersome words like “abjure” and dropping anachronistic references like “potentate.” Thus the oral recitation marking the entrance into citizenship would become more meaningful—and more manageable—for the millions of immigrants eligible for naturalization. The revised version, however, was quickly canned after conservative organizations, senators, and other loud political leaders decried what they saw as an attack on a timeless document and a weakening of the military obligation foundational to entrance into the American citizenry. The Heritage Foundation, one such organization opposing the perceived attack on citizenship, issued an executive statement decrying “the Department of Homeland Security's misguided attempts to make U.S. citizenship more ‘user-friendly’ for those who want the benefits of our country, but don't care to accept the responsibility” (n.pag.). Indeed, the thwarted attempt to make citizenship procedures more welcoming arose at a curious time. Though the proposed changes arose from a long, rather mundane administrative initiative to reconsider various procedural issues, the debate over the Oath of Allegiance politicized the issue within the context of the war on terror and the constriction of entrances into the national turf. The Bush administration responded to events referred to as 9/11 with vigorous efforts to shore up national borders within a language of terrorism, evildoers, and the dire need for domestic security. The infamous Immigration and Naturalization Services (INS) became the consumerist, welcome-sounding Bureau of Citizenship and Immigration Services when it was placed it under the newly formed Department of Homeland Security. The consolidation of citizenship services and disparate border policing programs further bolsters the longstanding scrutiny of immigrants—especially those considered not-white—for their ideological commitment and adherence to current national ideals. Naturalization requires a uniform recitation of unhesitant adherence to official doctrines—and a stated commitment to fight and die for those ideals. War, it seems, and its necessary division of friends and foes (“evildoers”), occupies the dead center of official ceremonies of citizenship. Naturalization procedures demonstrate how the figure of the immigrant undergoes rigorous scrutiny and thus defines the bounds of American citizenship. However, as immigration scholars like Bonnie Honig, Mai Ngai, Linda Bosniak, and Judith Shklar have shown, the specter of the immigrant also serves as an exculpatory device for preexisting inequities by obscuring internal division. While immigrants perform allegiance publicly to obtain citizenship status, birth-right citizens are presumed to have been born with a natural allegiance that precludes multiple allegiances to ideologies, projects, or potentates outside national borders. Ideas about the necessity of pairing exclusive ideological commitment with citizenship are as old as the American nation, notwithstanding the tremendous volume of announcements of a new world order in the wake of 9/11. In all incarnations of the citizenship oath, full membership in the nation-state via naturalization requires a simultaneous oath of allegiance and renunciation. Entrance into the nation-state requires exit—from ideological turf more than geographic turf—from the newly naturalized citizen’s former home country. Though scholars of diasporic and cosmopolitan identities like Aihwa Ong, Phengh Cheah, Bruce Robbins, and Brent Edwards have questioned the viability of the nation-state in postmodernity, official American articulations of citizenship adhere to a longstanding phenomenon whereby inclusion within the polity requires a simultaneous exclusion or renunciation. Or, in the realm of rhetoric, any articulation of a “we” requires a simultaneous citation of a “not-we.” At the heart of citizenship is a cleavage: a coming together made possible by a splitting apart. It is not mere historical curiosity that the notorious utterance of “We” in the Action of the Second Continental Congress popularly known as the Declaration of Independence is forged in direct opposition to a “He” (King George III)—repeated no less than nineteen times in the short document. In contrast, “we” appears only eleven times. What the Declaration shows, and what the Oath of Allegiance insists, is that the constitution of a bounded polity in America emphasizes external difference in order to create the semblance of an internally homogeneous “we.” Thus arises the potency of national documents that announce equality amidst a decidedly unequal social order. These documents provide the ring of broad inclusion for what Rogers M. Smith has described as “civic myths”: ideals of full equality that politicians cite enthusiastically without worrying about their veracity in the everyday lives of the citizenry. Yet American archives and literary histories teem with protest writing that makes visible the internal divisions of American publics. In these literatures arises a figure that threatens the fragile story of a finished “we” based on uniform allegiance: the partial citizen speaking. The partial citizen speaking—from experience, on behalf of others—and addressing the real divisions within a national audience is situated at a strategic site at which to simultaneously claim and critique the inclusive pronouncements of the American Republic in order to make them real. The best example is Frederick Douglass who, having been invited to celebrate the nation in 1848, capitalized on his tenuous claim to citizenship status and delivered the speech “What to the Slave Is the Fourth of July?” In the speech, Douglass excoriates his audience in Rochester, New York on behalf of the slaves absent from Corinthian Hall because they are toiling on Southern plantations. To his “fellow-citizens” Douglass cries, “This Fourth of July is yours not mine. You may rejoice, I must mourn” (116). In contradistinction to leaders’ duplicitous uses of civic myths eschewed by Smith, protesters like Douglass use their partial citizenship to gain a toehold on the viable, but unfinished project of full democracy for all. By claiming the essential American-ness of their projects, protesters like Douglass position their present projects as the fulfillment of previous national promises. In her study of foreigners’ critiques of America, Bonnie Honig shows how “[Foreigners] make room for themselves by staging nonexistent rights, and by way of such stagings, sometimes, new rights, powers, and visions come into being” (101). In the wake of 9/11, we must be interested in the rhetorical means of similar stagings by those already inside presumed national borders who have been denied full access to, or enjoyment of civic, economic, and/or social rights. These partial citizens speaking and writing stage heretofore nonexistent rights by claiming preexisting civic myths by, for, and on behalf of voices that were never meant to speak such civic myths as truths. Sometime after 9/11, President George W. Bush took the virtually unprecedented step of labeling U.S. citizens like Yasir Hamdi and José Padilla “enemy combatants” in order to circumvent the guaranteed legal rights to counsel and trial afforded to all U.S. citizens. The arbitrary nullification of Hamdi’s and Padilla’s citizenship rights was not entirely new given that protest has often been seen as forfeiture of citizenship. In addition to the obvious example of the allegiance-renunciation pairing in the citizenship oath, we can turn to Emma Goldman’s deportation to Russia in 1919, or to the odd favor with which the exit plans of Garveyites and their predecessors have been received. Or, squarely within American borders, Henry David Thoreau’s blueprint of civil disobedience pairs protest with the withdrawal from collectivity (his refusal to pay poll taxes in protest of the Mexican War), a move which bolsters the notion that dissent necessitates a retraction from participation in the public sphere. However, there is another option: collectivity in the face of division. Protesters like Douglass occupy the outposts of real publics that can deliver the ineffable social equality of the modern democratic state. Here, those whose very citizenship is in question are the ones to sift through the promises of the nation-state and to hold them against the evidence of experience—their own and that of others for whom they speak. Participation in the state is more than adherence and renunciation. If Toni Morrison would just as soon have us enter a polling station to pray as to vote; so, too, protesters like Douglass demand hope amidst despairing situations of inequality—often state-sponsored. Their projects are never to simply unveil inconsistency between state promises and the experiences of subsets of its citizenry. Squarely within the circuitous myths that enshroud the state’s turf, these protesters stake claims to the very national myths that threaten their existence. Works Cited Bosniak, Linda. “Citizenship.” The Oxford Handbook of Legal Studies. Eds. Peter Can & MarkTushnet. New York: Oxford UP, 2003. 183-201. Cheah, Phengh, and Bruce Robbins, eds. Cosmopolitics: Thinking and Feeling Beyond the Nation. Minneapolis: U of Minnesota P, 1998. Douglass, Frederick. “What to the Slave Is the Fourth of July?” 1848. Oxford Frederick Douglass Reader. Ed. William L. Andrews. New York: Oxford UP, 1996. 108-30. Edwards, Brent Hayes. The Practice of Diaspora: Literature, Translation, and the Rise of Black Internationalism. Cambridge, MA: Harvard UP, 2003. Govindarajan, Shweta. “Criticism Puts Citizenship Oath Revision on Hold; Conservatives Pan Immigration Officials’ Modernization of the Long-Used Pledge.” Los Angeles Times 19 Sep. 2003, sect. 1:13. The Heritage Foundation. First They Attacked the Pledge, Now the Oath. 10 Sep. 2003. <http://www.heritage.org/Research/HomelandDefense/meeseletter.cfm>. Honig, Bonnie. Democracy and the Foreigner. Princeton: Princeton UP, 2001. Jordan, June. “The Invisible People: An Unsolicited Report on Black Rage.” Some of Us Did Not Die: New and Selected Essays of June Jordan. New York: Basic Books, 2001. 16-19. Ngai, Mae. Impossible Subjects: Illegal Aliens and the Making of Modern America. Princeton: Princeton UP, 2003. Ong, Aihwa. Flexible Citizenship: The Cultural Logics of Transnationality. Durham, NC: Duke UP, 1999. Shklar, Judith N. American Citizenship and the Quest for Inclusion. Cambridge, MA: Harvard UP, 1991. Smith, Rogers M. Civic Ideals: Conflicting Visions of Citizenship in U.S. History. New Haven: Yale UP, 1997. Websites Department of Homeland Security: www.dhs.gov/dhspublic/ Citation reference for this article MLA Style Norman, Brian J. "Allegiance and Renunciation at the Border" M/C: A Journal of Media and Culture <http://www.media-culture.org.au/0403/04-allegiance.php>. APA Style Norman, B. (2004, Mar17). Allegiance and Renunciation at the Border. M/C: A Journal of Media and Culture, 7, <http://www.media-culture.org.au/0403/04-allegiance.php>

This editorial frames the problem of improvisation as both an embodied social practice and an "unthinkable" event-horizon of the possible. If this observation approximates a truth about improvisation, we may well ask, how musical improvisation in the forms it has taken in the last century, aligns with other social practices in which similarly high stakes are in evidence. The editorial addresses how emergent rights discourses (especially in the latter half of the twentieth century) coincide historically with the arrival of radical forms of free improvisation (think John Coltrane, Ornette Coleman, and Albert Ayler). Are there ways of thinking about the aesthetics of improvisation that overlap with re-invigorated notions of civic engagement that move us closer to meaningful forms of social justice and progressive change? Can musical improvisation in its most achieved forms lead to enacting other forms of human potential?

Europe is confronted by a painful paradox; while the idea of ‘Europe’ conceptualizes the European Union as a champion of liberal democracy, human rights and equality, the position of the Roma clashes with this vision. This paper looks at human rights and exclusion in Europe with specific emphasis on the Roma ethnic minority and argues that prevalent anti-Roma discrimination in both Western and Central- Eastern Europe holds larger ramifications than merely the Roma’s constant position of alien, or “despised outsider”. The power of discrimination, popular culture and opinion in marginalizing the Roma effectively limits their equal exercise of civil, political, and human rights. The Roma therefore represent tangible limits to the ideas intertwined with European integration. It is argued that the unwillingness to address the issue of Roma exclusion on the local level within specific countries possesses the effect of creating a two-tier citizenship regime that possess the capacity for unraveling the social and intellectual aims of the European Project. Social, legal, and actual exclusion of the Roma therefore holds significant ramifications for social policy within an enlarging EU. The paper presents popular depictions of the Roma and illustrates the pervasive power of exclusion by examining events such as the 1993 Czech citizenship law; the 1999 construction (and subsequent debate over the dismantling) of a wall around Roma apartments in the Czech town of Ústi nad Labem, widespread use of physical violence and intimidation to discourage Roma settlement and racism in Central and Eastern Europe. These events suggest that the pan-European “identity” is far from constructed and that systematic and fundamental change in attitudes towards among elites and society at large and representations of the Roma is essential if the EU’s enlargement is to expand the protection of Human Rights on an equal footing throughout Europe for the Roma. Combating historical representations constructed by social and political elites of the groups such as the Roma as an other is of paramount importance if the Roma, and other ethnic minorities, are to be included as equal stakeholders in an enlarged Europe.

Europe is confronted by a painful paradox; while the idea of ‘Europe’ conceptualizes the European Union as a champion of liberal democracy, human rights and equality, the position of the Roma clashes with this vision. This paper looks at human rights and exclusion in Europe with specific emphasis on the Roma ethnic minority and argues that prevalent anti-Roma discrimination in both Western and Central- Eastern Europe holds larger ramifications than merely the Roma’s constant position of alien, or “despised outsider”. The power of discrimination, popular culture and opinion in marginalizing the Roma effectively limits their equal exercise of civil, political, and human rights. The Roma therefore represent tangible limits to the ideas intertwined with European integration. It is argued that the unwillingness to address the issue of Roma exclusion on the local level within specific countries possesses the effect of creating a two-tier citizenship regime that possess the capacity for unraveling the social and intellectual aims of the European Project. Social, legal, and actual exclusion of the Roma therefore holds significant ramifications for social policy within an enlarging EU. The paper presents popular depictions of the Roma and illustrates the pervasive power of exclusion by examining events such as the 1993 Czech citizenship law; the 1999 construction (and subsequent debate over the dismantling) of a wall around Roma apartments in the Czech town of Ústi nad Labem, widespread use of physical violence and intimidation to discourage Roma settlement and racism in Central and Eastern Europe. These events suggest that the pan-European “identity” is far from constructed and that systematic and fundamental change in attitudes towards among elites and society at large and representations of the Roma is essential if the EU’s enlargement is to expand the protection of Human Rights on an equal footing throughout Europe for the Roma. Combating historical representations constructed by social and political elites of the groups such as the Roma as an other is of paramount importance if the Roma, and other ethnic minorities, are to be included as equal stakeholders in an enlarged Europe. Full text available at: https://doi.org/10.22215/rera.v2i4.180

It is a principle recognized by our as well as by other legal systems that ignorance of the law is no excuse for violating it. The rule is also expressed in the form of a legal presumption that everyone knows the law. It is the duty of every man to know that part of it which concerns him. A doctor, in particular, is conclusively presumed to know the law, and is dealt with as if he did know it, because in general he can and ought to know it. In the matter of professional liability, the medical profession differs from other occupations for the reason that the former operates in spheres where success cannot be achieved in every case and very often success or failure depends upon factors beyond a medical man’s control. Due to the increasing awareness of the rights of a patient in present day society, a medical man has become more vulnerable to being sued by a litigation suit of any kind, civil or criminal. The basis of a medical negligence suit is still alien to the majority of the practicing doctors in our country. Hence, the present article aims at discussing the various aspects of negligence, like the meaning and types of negligence, and the concept of duty of care, degree of care, and standard. Keywords: degree of care, duty of care, medical negligence, standard of care.

There have been many changes in the human rights movement’s relationship with political Islamist movements in the Arab world, particularly in countries directly affected by the Arab Spring. While the specifics differ from country to country, the overall change has been for the worse, with deterioration on more than one front. The two movements are again caught in a crisis of trust, characterized by suspicion and mutual recriminations. At times, one side may totally reject the existence of the other amid accusations of ideological rigidity or ties with anti-Islamic Western forces working to alter national identity. When human rights organizations first emerged in the Arab world in the 1970s, they initially did not find a welcoming, supportive environment. State regimes were the most alarmed by these “alien entities,” since these new activists sought to monitor governments and report on their many human rights abuses. Nonetheless, the international situation and the inclination of elites to rebel against traditional forms of despotism, led many to accept this new type of civil society organization. Human rights groups were first recognized in Tunisia and Morocco and later in most other Arab countries. At this stage, the rights movement and political Islamist movements began to become cautiously acquainted with each other. Several Islamist groups were formed during this same period in Arab North Africa, while in states like Egypt, Syria, Iraq, and even Libya, they were decades old. At first, the relationship between the two parties was one of confusion. Despite the ideological divide between the two, human rights organizations stepped up to defend Islamists during successive waves of repression and exclusion. The relationship evolved when some Islamists began gradually showing an interest, though selective, in the rights system. At the same time, radical leftist groups fundamentally changed their attitude toward human rights organizations when the latter came to play an effective role in more than one country. After the Arab Spring, the political landscape shifted dramatically. Freedoms were unleashed, allowing parties and groups to surface and start jockeying for power through fiercely competitive elections, in a milieu in which nearly everyone was engaged in politics and public affairs. In this environment, many political Islamist movements were transformed; once suppressed, excluded, marginalized organizations, they became recognized political parties with a plausible path to power. Some of these parties attempted to monopolize power, as in Egypt, while others accepted multiparty governing coalitions, as in Tunisia, Morocco, and, for a short time, Libya. This role reversal put Islamist movements before a difficult choice. It opened them up to criticism and rights-based assessments of their political performance, just like the old regimes. At times, rights movements were more severe in their criticism and detailing of violations by Islamist movements, as they feared the religious ideology of these movements could have direct, grave consequences for state and society. For foes of the Islamists and other intellectuals and activists, the specter of a theocratic state still looms large for foes of the Islamists and other intellectuals and activists. The relationship between rights organizations and political Islamist movements varies from country to country, given the widely different circumstances in states directly impacted by regional political transformations in the wake of the Arab Spring. It is therefore important to discuss some of these cases in order to highlight the differences as well as commonalities. For reasons of space, a detailed discussion of each country is difficult, so I will focus on just some cases.

AbstractPublic policy as an instrument that synergizes the roles of the government and the public has not run optimally. The phenomenon of several policies being canceled or revised by the Government is an indication that there are still overlapping policies and the low ability to innovate and the willingness to innovate by public officials. For this reason, policy innovations are needed that can substantively provide reinforcement in solving problems in the community. Public policy implementation is the implementation or application of a public policy through programs, activities, actions, or actions in a mechanism that is bound to a certain system. The purpose of writing this article is to find out the general concept of implementing public policies, especially in the Tasikmalaya Regency government office. and the results of this study explain that the implementation of public services is an effort by the state to fulfill the basic needs and civil rights of every citizen for goods, services, and administrative services provided by public service providers. In Indonesia, the 1945 Constitution mandates the state to fulfill the basic needs of every citizen for the sake of their welfare, so that the effectiveness of a government system is largely determined by the good or bad implementation of public services. Public service providers in Indonesia are all state organs such as the Central Government, Regional Government (Province, Regency, City). In this regard, the Preamble to the 1945 Constitution even in the 4th aliena expressly states that one of the objectives of the establishment of the Republic of Indonesia is to promote public welfare and educate the nation's life in a just and prosperous manner.Keywords: Policy, Administration, Government Office AbstrakKebijakan publik sebagai instrumen yang mensinergikan peran pemerintah dan masyarakat belum berjalan secara optimal. Fenomena beberapa kebijakan yang dibatalkan atau direvisi oleh Pemerintah merupakan indikasi masih adanya kebijakan yang tumpang tindih dan rendahnya kemampuan berinovasi serta kemauan untuk berinovasi oleh pejabat publik. Untuk itu diperlukan inovasi kebijakan yang secara substantif dapat memberikan penguatan dalam menyelesaikan permasalahan di masyarakat. Implementasi kebijakan publik adalah pelaksanaan atau penerapan suatu kebijakan publik melalui program, kegiatan, tindakan, atau tindakan dalam suatu mekanisme yang terikat pada suatu sistem tertentu. Tujuan penulisan artikel ini adalah untuk mengetahui konsep umum pelaksanaan kebijakan publik khususnya di lingkungan kantor pemerintahan Kabupaten Tasikmalaya. dan hasil penelitian ini menjelaskan bahwa penyelenggaraan pelayanan publik merupakan upaya negara untuk memenuhi kebutuhan dasar dan hak-hak sipil setiap warga negara atas barang, jasa, dan pelayanan administrasi yang disediakan oleh penyelenggara pelayanan publik. Di Indonesia, UUD 1945 mengamanatkan negara untuk memenuhi kebutuhan dasar setiap warga negara demi kesejahteraannya, sehingga efektifitas suatu sistem pemerintahan sangat ditentukan oleh baik buruknya penyelenggaraan pelayanan publik. Penyelenggara pelayanan publik di Indonesia adalah seluruh organ negara seperti Pemerintah Pusat, Pemerintah Daerah (Provinsi, Kabupaten, Kota). Berkenaan dengan itu, Pembukaan UUD 1945 bahkan dalam aliena ke-4 secara tegas menyatakan bahwa salah satu tujuan berdirinya Negara Kesatuan Republik Indonesia adalah untuk memajukan kesejahteraan umum dan mencerdaskan kehidupan bangsa yang adil dan makmur.Kata kunci: Kebijakan, Administrasi, Kantor Pemerintah

This essay places Eugen Ehrlich and Hans Kelsen afresh in their common context, the late Habsburg Empire. It reframes Ehrlich's legal sociology and Kelsen's pure theory of law as co-original and connected responses to the problem of legal universals under conditions of fractured sovereignty and imperial diversity. At first glance, Kelsen and Ehrlich seem antipodes, an impression apparently confirmed by their prickly exchange in the 1910s: while Kelsen made universality reside in the formal features and sequences of imputation that held the normative order together, Ehrlich claimed that every normative system which purported to be meta-social and meta-cultural merely camouflaged its local conditions of emergence. Once resituated in their Habsburg environment, these strategies can be read as articulations of a broader set of common proclivities. Ehrlich's and Kelsen's proficiency in the empire's techniques of plurality management enabled them to demystify the state and to dismantle the nation: both perceived the state as a juristic construction, hence they unmasked its alleged social, cultural, and ontological unity as a delusion. The same held true for the nation: Ehrlich challenged its supremacy by showing that social relationships—“associations”—cut across national divides, while Kelsen delegitimized the nation's status as a rights-bearing collective and blurred the distinction between citizens and alien residents, working toward the civic enfranchisement of the latter. This dovetailed with Ehrlich's and Kelsen's unmaking of the distinction between private and public law: the false belief in the latter's superiority over the former served to license arbitrary rule. Both jurists deterritorialized state sovereignty by highlighting the brittleness of spatial dominion and the artificiality of political boundaries: Ehrlich and Kelsen discovered a gamut of sovereign authorities with overlapping spatial areas of jurisdiction that coexisted within the Habsburg polity. This in turn permitted them to effectively transcend the distinction between domestic and international law: while, according to Ehrlich, the state fizzled out on the local level, Kelsen redescribed it from a global perspective, turning it into a mere subordinate organ of world law. Ehrlich's legal pluralism and Kelsen's pure theory were the two most successful juristic legacies of the Habsburg polity whose imprint they bore. Both creatively reworked Habsburg constitutional reality into templates of legal order that survived the empire's demise.