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Статті в журналах з теми "Conflict of statutes":
1
Miller, Michael J. "Selected US Tax Developments: Adams Challenge (UK) Limited: When Does a Treaty Provision Conflict with the Code?" Canadian Tax Journal/Revue fiscale canadienne 69, no. 2 (August 2021): 655–67. http://dx.doi.org/10.32721/ctj.2021.69.2.ustd.
Анотація:
In the United States, statutes and treaties are on an equal footing. Thus, in the event of a conflict between a statute and a treaty, the treaty does not automatically take precedence over the statute. Moreover, the US courts go to great lengths to avoid finding the existence of any conflict. This article discusses a recent case in which the Tax Court held, among other things, that a punitive deduction-disallowance rule applicable solely to non-US persons did not conflict with the non-discrimination article of the income tax treaty in effect between the United States and Canada.
2
Muneeza, Aishath, and Zakariya Mustapha. "Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia." Journal of Muamalat and Islamic Finance Research 17, no. 1 (June 1, 2020): 56–69. http://dx.doi.org/10.33102/jmifr.v17i1.260.
Анотація:
Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.
3
Klekovkin, Olexander. "The Kyiv “Incident”: A War of Statutes." ARTISTIC CULTURE. TOPICAL ISSUES, no. 19(2) (November 29, 2023): 10–16. http://dx.doi.org/10.31500/1992-5514.19(2).2023.294618.
Анотація:
The paper focuses on the reconstruction and analysis of the so-called Kyiv “incident” (1908) that marked a new type of conflict in the theatre life and developed a new disposition in the theatrical community. What constituted the incident was a collective refusal of the actors to proceed with the play until the theatre reporter and critic Petr Yartsev (1870–1930) would not leave the premises of the Solovtsov theatre. This “incident” roused the theatrical community, becoming the subject of intense discussions in the All-Russia press during the 1908–1910. It was covered in dozens of short notices and disputes; however, it was never analyzed from the standpoint of the change in statuses and dispositions: the researchers mainly pointed out at the “progressive” aesthetic ideas of the Moscow critic and backward province. This, probably unintentionally, again trapped the discussion within the limitations of the “Russian world.” Sometimes, though, Petr Yartsev, the theatre journalist who provoked the conflict, was even considered conservative in his artistic taste (while, in reality, someone’s aesthetic taste is not relevant until it becomes a factor of a proven impact or a marked of a covert collision). Nevertheless, the witnesses and participants of the “incident” left enough testimonies to analyze it as a marker of new tendencies in the theatre culture, in particular, as a marker of development of new relations between theatre and theatre journalism, especially taking into account that during the period, similar incidents occurred not only in Kyiv. Hence, this phenomenon became widespread and revealed the new type of conflict. A. Kugel, an editor of the Saint Petersburg journal Theatre and Art (Teatr i iskusstvo), played a significant role in development of this new disposition. Having turned from the local event into the All-Russia war of statuses, the Kyiv “incident” announced the era of the new type of conflicts (metropolis vs province, art vs the press). The court judgement in favor of the press became a precedent that defined the new rules and boundaries in the relations between theatre and the press.
4
Urban, Amanda. "Defining Ambiguity in Broken Statutory Frameworks and its Limits on Agency Action." Michigan Journal of Environmental & Administrative Law, no. 6.1 (2016): 313. http://dx.doi.org/10.36640/mjeal.6.1.defining.
Анотація:
“The Problem” occurs when a statute’s provisions become contradictory or unworkable in the context of new or unforeseen phenomena, yet the statute mandates agency action. The application of an unambiguous statutory provision may become problematic or unclear. Similarly, unambiguous provisions may become inconsistent given a particular application of the statute. During the same term, in Scialabba and UARG, the Supreme Court performed a Chevron review of agency interpretations of statutes facing three variations of the Problem, which this Note characterizes as direct conflict, internal inconsistency, and unworkability. In each case, the Court defined ambiguity in various, nontraditional ways and deferred to the agency’s reasonable interpretation of the statute. The broadest definition of ambiguity provided by the Justices encompassed direct conflicts, internal inconsistencies, and unworkability. In contrast, the narrowest definition found ambiguity based only on internal inconsistency. Some Justices found no ambiguity, but allowed an agency more interpretive flexibility to resolve the Problem and accomplish the unambiguous mandate of the statute. This Note contends that ambiguity in broken statutory frameworks may influence the traditional Chevron analysis; the Court may defer to an agency’s reasonable interpretation or allow an agency greater interpretive flexibility where it would not otherwise. But an agency does not have unlimited interpretive authority each time the Problem arises. Agency interpretations that alter or ignore unambiguous statutory text or functionally change the statute may still be impermissible under Chevron review. This Note raises agencies’ awareness regarding these nontraditional definitions of Chevron ambiguity, and discusses agency interpretive authority and limitations in the context of the Problem.
5
Moorman, Anita M., and Adam R. Cocco. "College Athlete NIL Activities and Institutional Agreements at a Crossroads: An Analysis of the Regulatory Landscape and “Conflict Language” in State NIL Legislation." Journal of Legal Aspects of Sport 33, no. 1 (February 21, 2023): 59–85. http://dx.doi.org/10.18060/27106.
Анотація:
State legislation paved the way for college athletes to begin monetizing their name, image, and likeness (NIL) through commercial activities as of July 2021. However, the statutory language utilized in state NIL legislation provides an inconsistent regulatory framework for college athletes as they seek to navigate the NIL landscape. Therefore, the purpose of this study was to conduct a comparative legal analysis of state NIL legislation to determine how these statutes restrain college athlete NIL activities that conflict with institutional agreements, limit NIL activities during official team activities, and establish enforcement or dispute resolution processes for asserted conflicts. We analyzed 26 state NIL statutes containing specific conflict language and found three areas of significant variation between states: the regulatory framework used to define contractual restraints; the definition and treatment of contract types subject to potential conflicts with NIL activities; and the requirements placed upon an institution when a contractual dispute arises. We discuss these areas of discrepancy between state NIL legislations and offer recommendations for legislatures focused on creating an NIL environment for college athletes with minimal restraints.
6
Гетьман-Павлова, Ирина, and Irina Getman-Pavlova. "THE DOCTRINE OF PRIVATE INTERNATIONAL LAW: THE THEORY OF STATUTES IN GERMANY AT THE END OF XVII CENTURY (JOHANN SHILTER AND SAMUEL STRYK)." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17119.
Анотація:
The article investigates the development of the German doctrine of private international law at the end of the XVII century, in particular, the author analyzes the essays of Johann Schilter and Samuel Stryk. Among the German scholars engaged in the problems of the conflict of laws, Johann Schilter and Samuel Stryk are very prominent, however, their creativity and their contribution to the development of the doctrine of the conflict of laws rules are virtually unknown in Russian jurisprudence. They adhered to the opinion on dividing all statutes into three groups, but they preferred not to use the terms statutes personalia, realia, mixta. However, neither Shilter nor Stryk accepted the Dutch comitas gentium doctrine, so it is impossible to consider these scholars to be representatives of the “Dutch-German version of the theory of the statutes” as a concept, which is based on international comity. They attempted to explain the application of foreign laws from the standpoint of humanism and jus divinum. Shilter and Stryk’s conflict doctrines are of great interest and demonstrate the specificity of the German conflict doctrine, which has had a significant impact on the development of the legislation on German PIL.
7
Novikova, Tatiana V. "To the Issue Concerning Analogy of Statute and Analogy of Law in Conflict of Laws Framework." Rossijskoe pravosudie, no. 12 (November 17, 2023): 89–95. http://dx.doi.org/10.37399/issn2072-909x.2023.12.89-95.
Анотація:
Problem statement. The present research stems from acknowledgement by several specialists regarding “analogy of statute” and “analogy of law” application in Private International Law of the Russian Federation. The author considers this proposition as contradictory to article 1186-2 of the Civil Code of the Russian Federation and conflict of laws essence. Goals and tasks of the research. The main goal of the research is to substantiate inapplicability of “analogy of statute” and “analogy of law” in Private International Law of the Russian Federation. The indicated goal presupposes following tasks, i. e. to reject applicability of article 6 of the Civil Code of the Russian Federation in conflict of laws framework; to prove substantial inappropriateness of “analogy of statute” for choosing applicable law and to show direct application of the closest connection principle in case of conflict of laws rules absence. Methods. Methods of the research embrace general scientific and particular scientific. The first are represented by general tools of logic, including analysis, synthesis, induction, deduction and analogy, as well as systemic approach; comparative legal method plays key role among the second. Results, brief conclusion. The main conclusion of the research is that conflict of laws framework is not aware neither of “analogy of statute”, nor of “analogy of law” as utilized by the Civil Law. In conflict of laws, the closest connection principle, as general gap-filling conflict of laws rule according to article 1186-2 of the Civil Code of the Russian Federation, steps up as sole conflict of laws instrument when it is impossible to choose applicable law on the basis of existing conflict of laws rules stipulated by international treaties of the Russian Federation, Civil Code of the Russian Federation, other statutes or customs acknowledged in the Russian Federation.
8
Smith, Andrea. "Blood & Money." Texas A&M Journal of Property Law 3, no. 2 (March 2016): 217–42. http://dx.doi.org/10.37419/jpl.v3.i2.6.
Анотація:
In Texas, the statutes are in conflict as to whether an adopted person is emphatically given the right to inherit intestate through and from their biological parents. This Note will delve into the history of adoption law, the adoption law process, differences in the statutes, and suggest how the Texas Legislature can mend these statutes to be in harmony with each other. For the purposes of this Note, when adoptee is mentioned it only refers to a child who was adopted as a minor.
9
KECK, THOMAS M. "Party, Policy, or Duty: Why Does the Supreme Court Invalidate Federal Statutes?" American Political Science Review 101, no. 2 (May 2007): 321–38. http://dx.doi.org/10.1017/s0003055407070190.
Анотація:
This paper explores three competing accounts of judicial review by comparing the enacting and invalidating coalitions for each of the fifty-three federal statutes struck down by the Supreme Court during its 1981 through 2005 terms. When a Republican judicial coalition invalidates a Democratic statute, the Court's decision is consistent with a partisan account, and when a conservative judicial coalition invalidates a liberal statute, the decision is explicable on policy grounds. But when an ideologically mixed coalition invalidates a bipartisan statute, the decision may have reflected an institutional divide between judges and legislators rather than a partisan or policy conflict. Finding more cases consistent with this last explanation than either of the others, I suggest that the existing literature has paid insufficient attention to the possibility of institutionally motivated judicial behavior, and more importantly, that any comprehensive account of the Court's decisions will have to attend to the interaction of multiple competing influences on the justices.
10
Faingold, Eduardo D. "Language rights in Catalonia and the constitutional right to secede from Spain." Language Problems and Language Planning 40, no. 2 (July 22, 2016): 146–62. http://dx.doi.org/10.1075/lplp.40.2.02fai.
Анотація:
This paper examines the linguistic rights of Catalonia as stated in the Statutes of Autonomy of Catalonia of 1979 and 2006 and the Spanish Constitution of 1978. In addition, it studies the ruling of the Constitutional Court of Spain of 2010 which annulled or reinterpreted articles of the Statute of 2006, including Article 6.1 which declares Catalan as the “preferential” language of Catalonia. The paper offers some suggestions for improving language rights for speakers of Catalan, both within the Spanish state and the European Union, to help de-escalate language conflict between Catalonia and the Spanish state.
Дисертації з теми "Conflict of statutes":
1
Ancel, Baudouin. "Lois de police et ordre public dans le droit des conflits (XIIe siècle-XXe siècle) : genèse et réception de l'article 3, alinéa 1er du Code civil." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020043.
Анотація:
Cette recherche propose un éclairage historique des avatars de deux mécanismes désormais intégrés au système français de droit international privé, celui des « lois de police » et celui de « l’ordre public international », qui ont pour trait commun de s’opposer au jeu normal de la règle de conflit et de s’appuyer, l’un et l’autre, sur l’art. 3, al. 1er du Code civil de 1804. Prévenant par préemption les atteintes à l’utilitas publica vel communis ou y réagissant par éviction de la loi normalement applicable, ces deux types de normes tissent une histoire commune depuis les antécédents que furent les statuts prohibitifs et les statuts territoriaux identifiés par la doctrine romano-canonique médiévale. Adaptés par les juristes de l’Ecole Hollandaise et de l’Ecole Française à l’hypothèse dominante à la fin de l’Ancien Régime des conflits de souverainetés, ceux-ci sont recueillis en 1804 par l’art. 3, al. 1er. Le travail conjoint de la doctrine et de la jurisprudence et une réaction à la notion hybride de « lois d’ordre public » qui émerge au long du siècle suivant permettent leur reformatage en les séparant l’un de l’autre dès le tournant des XIXe et XXe siècles. Le déclin du conflit des souverainetés qui porte à se désintéresser des lois de droit public, voire des lois pénales, et une représentation plus privatiste du conflit de lois qui ne peut cependant méconnaitre l’interventionnisme croissant de l’Etat, confirment la distinction de deux figures appelées à être théorisées sous les concepts de lois de police ou d’application immédiate (promouvant l’utilitas communis) et d’exception d’ordre public (défendant les valeurs fondamentales)This research aims at shedding light on the historical background of the avatars of two mechanisms now integrated into the French system of private international law: lois de police (i.e. overriding mandatory rules) and (international) ordre public (i.e. public policy). Both share the common feature of opposing the normal interplay of choice-of-law rules and rely on Art. 3, para. 1 of the 1804 Civil Code. Preventing by pre-emption infringements of utilitas publica vel communis or reacting to them by eviction from the normally applicable law, these two types of norms have emerged from a common history beginning with the antecedents of prohibitive and territorial statutes identified by medieval romano-canonical commentators. Then members of the Dutch and French Schools adapted the two concepts to the prevailing hypothesis at the end of the Ancien Régime, that of conflicts of sovereignties. In 1804, lois de police and ordre public were collected in the French Civil Code. Thanks to the joint work of scholars and case law, on the one hand, and to a reaction to the hybrid notion of lois d’ordre public that emerged over the next century, on the other hand, the distinction between the two concepts was made possible at the turn of the 19th and 20th centuries. As conflict of sovereignties declined, leading to a loss of interest in public law, or even in criminal law, and as a more private-law-driven representation arose, without ignoring, however, growing state interventionism, the distinction has been confirmed between the two concepts: lois de police or d’application immédiate, promoting the utilitas communis, and exception d’ordre public, defending fundamental values
2
Herrmann, Thomas. "Unité d’action et concours d’infractions : la question du cumul de déclarations de culpabilité en droit pénal interne et en droit international penal." Electronic Thesis or Diss., Paris 1, 2022. http://www.theses.fr/2022PA01D037.
Анотація:
La question du cumul de déclarations de culpabilité se pose dans le cas où une personne paraît avoir commis plusieurs infractions s’inscrivant dans une même unité d’action, soit parce qu’elles sont constituées par des faits partiellement ou totalement identiques, soit parce qu’elles sont constituées par des faits totalement distincts mais consécutifs ou concomitants. Partant du constat que cette question se pose dans les mêmes termes et avec la même acuité en droit pénal interne et en droit international pénal, la présente étude propose une méthode générale de résolution de la question en se fondant sur une règle logique dont la validité n’est pas limitée à un ordre juridique en particulier : l’existence d’une pluralité d’infractions en concours constitue une condition absolument nécessaire du cumul de déclarations de culpabilité. Ainsi, la méthode proposée consiste dans un premier temps à distinguer clairement les situations d’infraction unique (infraction unique en vertu du droit pénal spécial ou en vertu d’une théorie générale : conflit d’incriminations ou infraction continuée) et les situations de concours (idéal ou réel) d’infractions. Dans un second temps, la méthode consiste à résoudre les concours en vertu d’un principe de type téléologique, autorisant le cumul lorsqu’il est nécessaire afin d’atteindre un ou plusieurs objectifs légitimes (rendre pleinement compte du comportement délictueux de l’auteur, peines principales et complémentaires, récidive spéciale, recevabilité de l’action civile), prohibant le cumul dans le cas contraire. À cette fin, l’étude propose une classification affinée des différents types de concours idéals et réels d’infractionsThe question of multiple convictions arises in cases where a person appears to have committed several offences forming part of the same unit of action, either because they consist of partially or totally identical facts, or because they consist of totally distinct but consecutive or concomitant facts. Starting from the observation that this question arises in the same terms and with the same acuteness in domestic criminal law and in international criminal law, the present study proposes a general method of solving the question by basing itself on a logical rule whose validity is not limited to any particular legal system: the existence of a plurality of concurrent offences constitutes an absolutely necessary condition for the accumulation of convictions. Thus, the proposed method consists, in the first place, in making a clear distinction between situations of a single offence (a single offence under special criminal law or under a general theory: conflict of statutes or continuing offence) and situations of concurrent offences. Secondly, the method consists in resolving the concurrences by virtue of a teleological principle, authorizing cumulation when it is necessary in order to achieve one or more legitimate objectives (to take full account of the offender's criminal conduct, principal and complementary penalties, special recidivism, admissibility of civil action), prohibiting cumulation in the opposite case. To this end, the study proposes a refined classification of the different types of ideal and real concurrence of offences
3
Allison, Barbara Nehrig. "Identity status and parent-adolescent conflict among early adolescents." The Ohio State University, 1997. http://rave.ohiolink.edu/etdc/view?acc_num=osu1299762136.
4
Mann, Lili D. "Entrenchment of the status quo in the Arab-Israeli conflict." Thesis, Monterey, California. Naval Postgraduate School, 1993. http://hdl.handle.net/10945/39651.
Анотація:
Approved for public release; distribution is unlimited.This study examines those endemic factors which contribute to the entrenchment of the status quo in the Arab-Israeli conflict. By removing the dynamics of the Cold War, the particular circumstances of the main actors- Israel, the Palestinian Liberation Organization, Syria, the United States and the United Nations--become apparent. It is the thesis of this paper that the underlying causes in the creation and perpetuation of the Arab-Israeli conflict include (1) the importance of ideology and security to Israel, (2) a lack of political will among the players to alter the status quo, (3) a plethora of systemic organizational constraints, and (4) limitations faced by the UN that inhibit its usefulness as an intermediary. While compelling arguments should move the actors toward a resolution of the conflict, particularly when a window of opportunity now exists in the aftermath of Desert Storm, the factors cited above comprise powerful counterforces which both serve to sustain Israel's de facto borders and provide a pretext for Arab hostility.
5
Schroeder, Jacquelyn Ann. "NGO-State Relations: Freedom House Status and Cooperation Versus Conflict." Wright State University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=wright1358101658.
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Surianegara, Dewi Triyati. "La Pluralité des statuts personnels dans le droit indonésien (conflits internes et conflits internationaux)." Paris 1, 1986. http://www.theses.fr/1986PA010286.
Анотація:
Pays non-unifie de par sa structure geographique, physique et humaine, l'indonesie se caracterise par l'existence de conflits de lois internes. Issus de la periode coloniale, les lois applicables au statut personnel decoulent de la division de la population en plusieurs groupes : europeen, oriental etranger et autochtone, qu'ont etablie les pays-bas dans les indes neerlandaises. Cette differenciation de la population a induit une pluralite des statuts personnels, gouvernes par des reglementations propres a chacun des groupes de population, et la creation d'un droit specifique, le droit interpersonnel. Ce droit provient des rapports de droit entre personnes soumises de par leur appartenance a un groupe ethnique different a des lois differentes, qui suscitent des conflits de lois internes. Quel a ete l'evolution de cette branche du droit de sa naissance a sa reconnaissance?. Comment la doctrine ont-elles defini et apprehende cette notion?. Telles sont les questions auxquelles essai de repondre notre ouvrage. Malgre l'accession a l'independance de l'indonesie, cette classification de la population basee a l'origine sur des criteresIndonesian society has been divided into various groups of population since the earliest days of dutch colonisation. Those groups of population are subject to different private laws. An interpersonal law problem may then arise, when parties of different population groups enter into legal relationship, since choice of law has to be made to decide which law will be applicable to such legal relationship. This division into population groups has survived indonesian's indep endance. With the transfer of sovereignity, in 1945, another side of conflict of laws has grown up, it is to say, the pr ivate international law. Indeed the great theme since the independance is law reform and in the fiel of private law, the effort to supplant the classification of the population based on racial criteria with those of citizenship. Many regula tions promulgated since the tranfer of sovereignity apply uniformly to all indonesians, without regard to population gro up
7
Surianegara, Dewi Triyati. "La Pluralité des statuts personnels dans le droit indonésien conflits internes et conflits internationaux /." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37601388p.
8
Saïdi, Kamel. "Conflit entre la loi française et le statut personnel des Algériens musulmans : du conflit interpersonnel au conflit international." Paris 10, 1992. http://www.theses.fr/1992PA100110.
Анотація:
L’étude porte sur l'influence de la décolonisation sur les relations franco algériennes en matière de statut personnel. Il s'agit d'établir une symétrie entre le droit colonial et le droit international privé. La décolonisation n'a pas constitué une véritable rupture dans les solutions : elle a changé la nature du conflit sans rien changer à la nature du débat. La problématique demeure inchangée puisque la thèse soutenue dans le droit colonial de l'irréductibilité du droit musulman limite sa réception dans l'ordre juridique français. Le recours à la règle de conflit de droit commun marque le passage du conflit interpersonnel au conflit international, en même temps que la normalisation des rapports juridiques. La détermination de la nationalité des algériens musulmans est un préalable a l'étude du conflit de lois. L'application du droit commun montre l'écart entre les deux législations et pose les difficultés de coordination. En effet, l'élargissement des catégories françaises du mariage et du divorce est loin de masquer tout ce qui les sépare. Aussi le respect de la loi personnelle doit fléchir lorsque les valeurs fondamentales ou la cohérence de l'ordre juridique local sont menacées. Nous constatons alors l'érosion de la loi personnelle par l'intervention des lois d'application immédiate ou de l'ordre public international. Le besoin de prévisibilité et de certitude commande de réfléchir sur l'opportunité du facteur de rattachement par le domicile commun des épouxThe study turns on the influence of the decolonization over the French and Algerian relationship concerning personal statute. The question is to establish symmetry between colonial law and international private law. The decolonization didn't set up a real breaking off within the solutions: it has changed the nature of the conflict without changing anything as for the nature of the debate. The problematical point remains unchanged since the defended thesis in colonial law of mohammadan law irreducibleness restricts its acceptance in french legar order. The recourse to the rule of common law conflict indicates the passage from the interpersonal conflict to the international conflict at the same time as legal relationship are normalizing. The determination of algerians mohammedan nationality is previous to the study of the conflict of laws. The application of common law shows the divergence between the two legislation and raises the difficulties of coordination. Indeed the extension of french categories of marriage and divorce is far from screening allthat separates them, thus, the respect of personal law must falloof when fondamental values or the coherence of local legal order are threatened. Therefore we state the wearing away of personal law through the intervention of laws applying immediatly or of the international law and order. Necessity for thinking of the factor of the common domicile become timely
9
Dolan, Corrine, and Bill Mannan. "Potential Wildlife Conflicts." College of Agriculture and Life Sciences, University of Arizona (Tucson, AZ), 2009. http://hdl.handle.net/10150/146728.
Анотація:
2 pp.Tips for Arizona's Rural Landowners: Wildlife Unit
The Tips for Arizona's Rural Landowners Fact Sheet Series is intended to educate homeowners who have recently purchased small acreages in Arizona. The purpose of the series is to give homeowners information about living in rural settings. The Wildlife Unit includes fact sheets on wildlife habitat enhancement, the legal status of wildlife, venomous wildlife, wildlife transmitted diseases, aggressive wildlife and pet safety, wildlife-human conflicts, fencing, safe pesticide alternatives, and invasive wildlife.
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Lenes, Joshua Guy. "Precarious Manhood and Men's Attributional Biases in Partner Conflict." Scholar Commons, 2012. http://scholarcommons.usf.edu/etd/4358.
Анотація:
A study investigated men and women's attributions of criticism, rejection, and threats to gender status in a fictitious partner conflict scenario in which the victim was either a man or a woman. The results indicated that in the context of a partner conflict scenario that ends in violence, greater perceived threats to gender status are attributed to a female victim who criticizes a man's manhood more than a male victim who criticizes a woman's womanhood. The results also revealed that women attribute greater amounts of criticism/rejection and gender status threat in a victim's statements toward an abuser than men do, regardless of the gender of the victim. Individual differences in gender role stress, ambivalent sexism, and propensity for abusiveness failed to moderate these effects. These results present preliminary evidence grounded in precarious manhood theory that attributions of intention during domestic conflicts differ along gendered lines.
Книги з теми "Conflict of statutes":
1
Maganaris, Emmanuel. Core Statutes On Conflict Of Laws 2018–19. London: Macmillan Education UK, 2018. http://dx.doi.org/10.1057/978-1-352-00342-0.
2
Maher, Gerry. International private law: Cases and statutes. Edinburgh: W. Green, 1985.
3
McNally & co. [from old catalog] Rand. Statutes & conventions on private international law. London: Cavendish Pub., 1996.
4
McNally & co. [from old catalog] Rand. Statutes & conventions on private international law. 2nd ed. London: Cavendish Pub., 2004.
5
Castel, Jean Gabriel. Canadian conflict of laws. 2nd ed. Toronto: Butterworths, 1986.
6
Castel, Jean Gabriel. Canadian conflict of laws. 4th ed. Toronto: Butterworths, 1997.
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Castel, Jean Gabriel. Canadian conflict of laws. 3rd ed. Clearwater, Fla: Butterworths, 1994.
8
Sipkov, Ivan. The codified statutes on private international law of the East European countries: A comparative study. Washington, D.C: Law Library, Library of Congress, 1986.
9
Florida. Legislature. Senate. Governmental Operations Committee. A review of Chapter 112, Florida statutes, and the conflict of interest resolution. [Tallahassee, Fla.] (303 Senate Office Bldg., Tallahassee 32301): The Committee, 1985.
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Schmidt-Brand, Jan-Peter. Zu den long-arm statutes im "Jurisdiktions-Recht" der Vereinigten Staaten von Amerika und zu ihrer Bedeutung für wirtschaftsrechtliche Streitigkeiten. Frankfurt am Main: P. Lang, 1991.
Частини книг з теми "Conflict of statutes":
1
Maganaris, Emmanuel. "European Union Legislation." In Core Statutes On Conflict Of Laws 2018–19, 1–319. London: Macmillan Education UK, 2018. http://dx.doi.org/10.1057/978-1-352-00342-0_1.
2
"Conflict of laws." In Statutes on International Trade 3/e, 44–51. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843143024-11.
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Juenger, Friedrich K. "Table of Statutes." In Selected Essays on the Conflict of Laws, 391–96. Brill | Nijhoff, 2000. http://dx.doi.org/10.1163/9789004480438_018.
4
"Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-015.
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"Council Decision of 27 November 2008 concerning the conclusion of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2009/430/EC)." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-030.
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"Council Decision of 20 September 2005 on the signing, on behalf of the Community, of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2005/790/EC)." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-017.
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"Council Decision of 20 September 2005 on the signing, on behalf of the Community, of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters (2005/794/EC)." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-022.
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"Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-077.
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"Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-023.
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"Foreign Judgments (Reciprocal Enforcement) Act 1933 ch 13." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-039.
Тези доповідей конференцій з теми "Conflict of statutes":
1
Guyon, Edwin F. "Legal and Regulatory Issues Raised by Future Power Plant Design and Siting Considerations." In 16th International Conference on Nuclear Engineering. ASMEDC, 2008. http://dx.doi.org/10.1115/icone16-48907.
Анотація:
It is proposed that the regulations governing currently existing, as well as anticipated improved and evolutionary reactor designs (such as Gen III and Gen III+), may be inadequate to appropriately regulate newer and fundamentally different designs (such as Gen IV, Pebble Bed, FBR, as well as small long-lifetime units (Toshiba/CRIEPI). Recent interest has been raised in underground nuclear parks, medium to small semi-portable reactors to provide the energy for advanced oil recovery programs (from oil shale and tar sands) and other uses. This paper will identify an overall framework for proposed future licensing procedures not in conflict with existing statutes and regulations. The goal is to demonstrate that the extension of current laws and regulations into such contemplated areas will do much to reduce costs, simplify procedures, and enhance operational safety and security in the areas of proliferation, containment, and waste utilization and/or disposal.
2
De Silva, Piyanwada, and Y. G. Sandanayake. "Conflicts Handling Styles Used by Professionals at Pre-Contract Stage of Building Construction Projects in Sri Lanka." In The SLIIT International Conference on Engineering and Technology 2022. Faculty of Engineering, SLIIT, 2022. http://dx.doi.org/10.54389/vluv8738.
Анотація:
Conflicts between design team professionals is a common experience in building construction projects in Sri Lanka. Depending on the way they are been handled, these conflicts bring either positive or negative impacts to the project. Thus, this paper investigates the conflict-handling styles that the professionals use to handle different types of conflicts among themselves at pre-contract stage of construction projects in Sri Lanka. The study on different types of conflicts and handling styles were derived through quantitative approach by a questionnaire survey designed incorporating Rahim’s Organisational Conflict InventoryII (ROCI-II) with the participation of 42 number of professionals engaged during the pre-contract stage of building construction projects in Sri Lanka. The scope of the study was limited to the building construction projects and only to the conflicts among professionals at the same level. The collected data were analysed using descriptive statistics. The research findings revealed that there are four types of conflicts: task, relationship, process and status conflicts, occur in different frequencies among the professionals. The task conflicts occur very often, and process conflicts occur often whilst relationship and status conflicts occur rarely among professionals during the pre-contract stage. This study revealed that professionals use different conflict handling styles to handle these four types of conflicts among themselves during the pre-contract stage of building construction projects in Sri Lanka. Further, majority of professionals use integrating style often to handle conflicts among themselves, and they use avoiding style very rarely to handle the conflicts among themselves except for relationship conflicts. However, to handle relationship conflicts, professionals use dominating style as the last option. The study would assist the industry practitioners to identify their personnel conflict handling style and the outcome of using each style with their supervisors when handling conflicts during the precontract stage. KEYWORDS: Conflicts, Conflict-Handling Styles, Conflicts With Professionals, Construction Industry, Pre-Contract Stage.
3
Bogacheva, Ekaterina Alexandrovna. "Technologies of Psychological and Pedagogical Influence in Working with Conflict Adolescents." In All-Russian Scientific Conference with International Participation. Publishing house Sreda, 2021. http://dx.doi.org/10.31483/r-98578.
Анотація:
This article raises and discusses the main issues related to the technologies of working in conflict situations in the adolescent environment. Speaking about the conflict in adolescence, it is worth noting that scientists agree that it is communication with peers that is most significant for a teenager and largely determines all other aspects of his behavior and activity, personal development. Consequently, disagreements in the peer group, the struggle for status leads to a conflict of the parties. In this regard, we decided to develop technologies of psychological and pedagogical influence in working with conflict adolescents. We have developed a model of consistent work of actions, which will be aimed at preventing conflicts in the adolescent environment, as well as the formation of their stress resistance, self-control and self-control.
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Gabrielli, Giulia. "INDIVIDUAL CRIMINAL RESPONSIBILITY OF NON-STATE ACTORS OPERATING IN CYBERSPACE FOR WAR CRIMES UNDER THE ICC STATUTE." In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28268.
Анотація:
Contemporary armed conflict has witnessed an increased employment of digital technologies in the conduct of hostilities. While there is broad consensus on the full applicability of the rules and principles of international humanitarian law (IHL) to the “fifth domain” of warfare, many issues remain debated. More specifically, digital technologies allow a wide range of actors other than States – such as individuals, “hacktivists”, criminal groups, non-State armed groups – to play a role in the hostilities and engage in cyber operations that have the potential of harming civilians or damaging civilian infrastructure and that may amount to serious violations of IHL. Against this backdrop, this paper seeks to examine the legal grounds upon which hostile cyber operations carried out by non-State actors (NSAs) could constitute war crimes, thus entailing their individual criminal responsibility under international law. Hence, the analysis will focus on the applicability of the war crimes provisions of the Rome Statute of the International Criminal Court (ICC) to such operations, with a view to identifying the prerequisites necessary to trigger the ICC’s jurisdiction. To this end, the first part will focus on the increased involvement of NSAs in the conduct of hostilities by cyber means, taking the recent conflict between Russia and Ukraine as a pertinent case study. Subsequently, the paper will explore the conditions necessary for the application of Article 8 of the ICC Statute, with special attention devoted to those aspects that are deemed particularly problematic in light of the participation of NSAs in armed conflict. Finally, the paper seeks to highlight the limits of possible future investigations of cyber conducts possibly amounting to war crimes. These encompass not only issues of admissibility, but also the statutory limits of the Rome Statute when it comes to war crimes provisions applicable to noninternational armed conflicts.
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Giambrone, Filippo Luigi. "New European and international taxation perspectives. The case of the italian´s web taxation. Towards the taxation of the data economy and global minimum tax." In International Scientific-Practical Conference "Economic growth in the conditions of globalization". National Institute for Economic Research, 2023. http://dx.doi.org/10.36004/nier.cecg.iii.2023.17.2.
Анотація:
The age of the internet and digital commerce has brought about complexities in taxation, particularly concerning multinational digital corporations. International discussions have sought ways to ensure fair taxation of these entities, but consensus has been challenging to reach. The paper aims to understand Italy's digital taxation measures, its alignment (or conflict) with EU directives, and the global efforts towards taxing digital multinational enterprises. In its document analysis, the research meticulously scrutinized Italy's taxation laws, giving particular emphasis to Article 17-bis and the Budget Law of 2018. Through comparative analysis, the research delved deep into EU directives, notably the Directive Proposal COM (2018) and the Directive 2006/112/EC, with the intent of discerning the harmony or disparities with the prevailing Italian statutes. Using historical analysis, the research charted the trajectory of international dialogues on digital taxation, commencing with the G7 in Bari in 2017, progressing to the G20 in Buenos Aires in 2018, and encapsulating subsequent summits. Turning to policy analysis, the research methodically probed into the nuances of the "Next Generation EU" recovery plan alongside the OECD's avant-garde two-pillar model. Finally, within its quantitative analysis, the research embarked on an exploration of the conceivable repercussions of the proposed thresholds for both revenue and profit rates. In its appraisal of Italy's Web Tax, the research reveals that the nation's digital tax harmonizes with VAT in spirit. However, it predominantly emphasizes B2B digital transactions, thus deviating from the recurrent mechanism that defines conventional VAT. As for the vision of the European Union, the research underscores the EU's ambition, channelled through Directive Proposal COM (2018), to institute a cohesive VAT transaction system for cross-border B2B merchandise. Notably, Italy's digital taxation approach doesn't seamlessly dovetail with this vision. With respect to the global consensus, the research elucidates that subsequent to the ravages of the COVID-19 pandemic, international discourse has exhibited a marked tilt toward the inception of a global minimum tax. Such a tax is envisioned to guarantee the equitable taxation of digital multinationals, uninfluenced by their geographical operational outposts. Delving into challenges, the research posits that the actualization of universal taxation standards is not without its hurdles. Nuanced challenges like revenue thresholds imply that a mere handful of corporations may come under its ambit. The intricate task of adapting to ever-shifting digital landscapes and the formidable challenge of reigning in the dark web further complicate the equation. Gazing into the future trajectory, the research intimates that contemporary accords hint at the prospective dissolution of individualized digital service taxes by the horizon of 2023. This is seen as a stepping stone toward a global minimum tax paradigm. Anticipations include the evolution of domestic directives, the fortification of bilateral agreements, and the emergence of a cohesive multilateral instrument. Yet, the stance of certain EU member nations remains enshrouded in uncertainty. In conclusion, while the digital age has brought about unmatched growth and opportunities, it has also surfaced complexities in its taxation. Italy's efforts, in sync with global moves, underscore the growing need for a comprehensive and fair digital taxation framework. However, the path to uniformity and consensus remains intricate and will require coordinated international collaboration.
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Wang, Hao M., Sergei S. Avedisov, Onur Altintas, and Gabor Orosz. "Multi-vehicle Conflict Management with Status and Intent Sharing." In 2022 IEEE Intelligent Vehicles Symposium (IV). IEEE, 2022. http://dx.doi.org/10.1109/iv51971.2022.9827428.
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Meshkani, Taraneh. "Urban Iconoclasm: The Legacy of Toppled Statues." In 110th ACSA Annual Meeting Paper Proceedings. ACSA Press, 2022. http://dx.doi.org/10.35483/acsa.am.110.92.
Анотація:
This paper examines the spatial iconoclasm of public spaces, specifically the acts of toppling and vandalizing statues and monuments, as one of the spatial tactics used during conflicts and how the transformation of the everyday landscape of memorialization can change historical narratives to create new values and meanings. By analyzing a series of cases, this study compares the usage and the scale to which this strategy has been practiced in the recent events of the Black Lives Matter movement.
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Wei, Zhao, and Huang Jie Sheng. "Status Quo Analysis of Water Resources Conflict of Guanting Reservoir." In 2007 2nd IEEE Conference on Industrial Electronics and Applications. IEEE, 2007. http://dx.doi.org/10.1109/iciea.2007.4318623.
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Polischuk, Sergey. "The phenomenon of private military companies in the system of international humanitarian law." In Development of legal systems of Russia and foreign countries : problems of theory and practice. ru: Publishing Center RIOR, 2023. http://dx.doi.org/10.29039/02110-1-137-141.
Анотація:
The article examines the place of private military and security companies involved in armed conflicts from the point of view of international humanitarian law and formulates proposals for determining their status.
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Matveeva, N. V. "Strategies for conflict resolution by university students, taking into account their social status." In All-Russian scientific-practical conference of young scientists, graduate students and students. Технического института (ф) СВФУ, 2018. http://dx.doi.org/10.18411/a-2018-145.
Звіти організацій з теми "Conflict of statutes":
1
Marchais, Gauthier, Sweta Gupta, and Cyril Owen Brandt. Student Wellbeing in Contexts of Protracted Violent Conflict. Institute of Development Studies (IDS), September 2021. http://dx.doi.org/10.19088/ids.2021.055.
Анотація:
In contexts of protracted violent conflict, school environments play a key role in children’s psychological, social, and emotional wellbeing. Research by the REALISE education project in the Democratic Republic of the Congo (DRC) provides a better understanding of how violent conflict penetrates schools; the relationship between school staff, students, parents, and the local community; and the role of children’s social entourage. It identifies key considerations for education projects operating in these contexts and how they can best support the wellbeing of children, including those who are extremely isolated or experience marginalisation on the basis of gender or minority status.
2
Y.B., Samsudin, and Pirard R. Conflict mediation in industrial tree plantations in Indonesia: Status and prospects. Center for International Forestry Research (CIFOR), 2014. http://dx.doi.org/10.17528/cifor/005443.
3
Merttens, Fred, Louis Hodey, and Alexandra Doyle. Targeting in Protracted Crises: Nigeria Case Study. Institute of Development Studies, June 2024. http://dx.doi.org/10.19088/basic.2024.008.
Анотація:
This country case study focuses on Nigeria and the specific challenge of conflict, violence, and insecurity. Using four waves of General Household Survey data covering the period 2010 to 2019, we analyse trends in poverty, food insecurity, shocks, and coping strategies among different population groups, differentiated according to where they reside in the country and the degree to which those areas are affected by violence, in particular as a result of the militant Islamist Boko Haram insurgency and conflicts between herders and farmers. The survey data is then used to model the notional performance of different potential targeting approaches across a range of targeting performance indicators, to indicate the types of choices and trade-offs entailed when selecting different targeting criteria for either routine or humanitarian social assistance programmes in the context of Nigeria. We also consider the status of enabling conditions for implementing different targeting approaches in the form of key infrastructure. We conclude with a discussion of the interrelated considerations social assistance programmes have to contend with when selecting appropriate targeting criteria.
4
Herbert, Siân. Recovery and Reconstruction Lessons for Ukraine. Institute of Development Studies, January 2024. http://dx.doi.org/10.19088/k4dd.2024.022.
Анотація:
The rapid evidence review provides insights into global lessons applicable to Ukraine’s recovery and reconstruction. It emphasises the need for a holistic approach, considering various concepts like relief, recovery, reconstruction, and the development-humanitarian-peacebuilding nexus. The review suggests that reconstruction can begin during conflict and should involve rebuilding infrastructure and society in an integrated manner. It highlights Ukraine’s unique context, including its EU candidate status and the nature of its conflict. Key messages include ensuring local ownership, addressing corruption, fostering inclusion and equity, and leveraging private sector investment for a modernised economy. Governance of reconstruction should be agile, context-specific, and politically aware.
5
Lenhardt, Amanda. Progress Towards Meaningful Women’s Participation in Conflict Prevention and Peacebuilding Decision-makingt prevention and peacebuilding decision-making. Institute of Development Studies, December 2021. http://dx.doi.org/10.19088/k4d.2022.044.
Анотація:
The Women, Peace and Security or Gender Peace and Security (WPS/GPS) agenda has expanded significantly over the 20+ years of concerted efforts at many levels to expand the role of women in conflict resolution and peacebuilding. Yet many authors note that the expansion of international agreements and national plans to support greater women’s participation in decision-making have yet to translate into concrete changes. This report examines progress in promoting women’s meaningful participation in decision making processes in conflict prevention and peacebuilding, with a focus on changes since 2018. Evidence on women’s meaningful participation in decision-making tends to focus on a small range of measurable outcomes with some studies considering the outcomes of women’s involvement in those processes to determine the extent to which they might be ‘meaningful’. Few studies examine differential outcomes of such initiatives for different groups of women, and most data does not allow for the disaggregation of intersecting identities between gender, ethnicity, race, disability, migration status and other key factors. Evidence collected for this report suggests that policies and programmes seeking to support greater women’s participation in decision-making in conflict prevention and peacebuilding often struggle to address the broader structural factors that inhibit women’s empowerment. Tackling longstanding and often deeply embedded harmful social norms has proven challenging across sectors, and in conflict or post-conflict settings with highly complex social dynamics, this can be especially difficult. Many of the issues highlighted in the literature as hindering progress on the WPS agenda relate to cross-cutting issues at the heart of gender inequality. Multiple authors from within women’s movements in conflict and post-conflict settings emphasise the need for policies and programmes that support women to act as agents of change in their own communities and which amplify their voices rather than speak on their behalf. Recent achievements in South Sudan and the Pacific region are indicative of the potential of women’s movements to affect change in conflict prevention and peacebuilding and suggest progress is being made in some areas, though gender equality in these processes may be a long way off.
6
Kelly, Luke. Emerging Trends Within the Women, Peace and Security (WPS) Agenda. Institute of Development Studies (IDS), January 2022. http://dx.doi.org/10.19088/k4d.2022.019.
Анотація:
This report has identified emerging issues within the women, peace and security (WPS) agenda. Climate change has long been identified as a key cross-cutting issue and several potential avenues for WPS policy are identified. Other issues such as artificial intelligence (AI) have been highlighted as potentially relevant, but relatively little discussed with respect to WPS. The WPS agenda focuses on addressing the gendered impact of conflict and seeking to prevent conflict through increased women’s participation. In this report, WPS is understood as a body of UN Security Council resolutions (UNSCRs) and state national action plans (NAPs) labelled as WPS; as well as other UN and state policies using the language and ideas of WPS; and actions and ideas produced by civil society and academics inspired by the United Nations (UN) agenda or sharing ideas with it. The report focuses on new and emerging issues identified by academics and policymakers as relevant to the WPS agenda. Emerging trends and issues are broadly understood as: • Parts of the WPS agenda that are increasingly part of policies formulated by the UN, member states or civil society actors. • Parts of the WPS agenda that scholars or policymakers think have been neglected or not implemented sufficiently. • Re-interpretations of the framing of the WPS agenda. • New areas to which it is argued WPS should be applied. • Parallel international policy agendas with conceptual or legislative overlap with WPS. Emerging trends and issues are discussed with reference to their status in policy and implementation; normative debates about their place in the WPS agenda; and evidence on their implications for and applicability to certain contexts. The report does not seek to predict or assess the future trends or their relative importance, beyond highlighted existing interpretations of their status, implementation and potential implications. The report discusses a variety of emerging issues. These include issues where the WPS agenda has already been applied, but where its implementation –or lack thereof – has been criticised, such as in counterterrorism and arms control, or the conceptualisation of gender. The ability of WPS instruments to address changing forms of conflict has also been criticised. Issues to which it is argued that WPS should, and could, be applied more thoroughly, such as gang violence and trafficking, are discussed. The report includes new fields such as cybersecurity and AI, about which there is relatively little literature linked to WPS, but agreement that it may be relevant.
7
Lylo, Taras. THE IDEOLOGEME «DICTATORSHIP OF RELATIVISM» IN THE ROBERTO DE MATTEI’S ESSAYS: POSTMODERN AND POST-COMMUNIST CONTEXTS. Ivan Franko National University of Lviv, March 2021. http://dx.doi.org/10.30970/vjo.2021.50.11100.
Анотація:
The article considers relativism as a philosophical principle and the moral standpoint of a journalist. In particular, the main argumentation of Roberto de Mattei’s work «Dictatorship of Relativism» is analyzed. Like Ratzinger, the Italian publicist describes modern life as ruled by a dictatorship of relativism which does not recognize anything as definitive and whose ultimate goal consists solely of satisfying «the desires of one’s own ego». In his view, the boundaries of the main conflict of modernity lie between two visions of the world: one that believes in the existence of immutable, absolute values, and one that argues that there is nothing stable, that everything is conditional, time-dependent and can be discussed in the media. The markers of this conflict are our attitude to the famous statement of Protagoras about «man as a measure of all things: of the things that are, that they are, of the things that are not, that they are not», as well as to the non-debatable values, the status of natural and positive law, the worldview neutrality, the dehierarchization and multiplicity of truths, the equalization of all worldviews and axiological standpoint in foreign and Ukrainian media. A special attention in the article is paid to the ideological program of media-relativism, as well as to the postmodern and post-communist contexts of the issue of the penetration of relativism into the journalistic values.
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Moraes, Juan Andrés, Daniel Buquet, Daniel Chasquetti, Adolfo Garcé, Andrés Pereyra, and Ruben Tansini. Political Institutions, Policymaking Processes, and Policy Outcomes: The Case of Uruguay. Inter-American Development Bank, March 2006. http://dx.doi.org/10.18235/0011296.
Анотація:
This paper analyses the dynamics of policymaking among the various political institutions in Uruguay. The authors find that first, there are relatively stable policies, such as those allowing for the commercial and financial openness of the country. Then there are inflexible and low-quality policies, such as those related to social policies, some areas of state reform (civil servants' wages and hiring mechanisms), the bankruptcy regime, etc. Finally, there are volatile outcomes resulting from economic shocks, such as those related to discretionary public spending. In certain cases, the main outer feature of Uruguayan policies is rigidity. The source of rigidity appears to be a mixture of institutional factors and political conflict, in which it is very costly to move from the status quo due to the credible threat of policy reversal. Political institutions in Uruguay are conducive to achieving political compromise in the short run, but cannot effectively cooperate in establishing stable and flexible policies in the long run.
9
Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.
Анотація:
For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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Gupta, Sweta, Gauthier Marchais, Cyril Brandt, Samuel Matabishi, Pierre Marion, Jean-Benoît Falisse, Deborah West, et al. Projet BRiCE RDC et Niger : Rapport intermédiaire Bien-être des enseignants et qualité de l’enseignement dans les contextes fragiles et affectés par les conflits. Institute of Development Studies, June 2022. http://dx.doi.org/10.19088/ids.2022.089.
Анотація:
Ce rapport présente les résultats de l'étude intermédiaire du projet de recherche Building Resilience in Crises through Education (BRiCE), qui est dirigé par l'Institute of Development Studies (IDS) et l'Institut Supérieur Pédagogique de Bukavu (ISP Bukavu). Le projet de recherche fait partie du programme d'éducation BRiCE, financé par la Direction Générale des Partenariats Internationaux de la Commission Européenne et dirigé par Save the Children au Niger et en République Démocratique du Congo (RDC). Ce rapport présente les résultats de l'évaluation à mi-parcours de deux composantes du programme éducatif BRiCE : le développement professionnel des enseignants (DPE) et l'amélioration des environnements d'apprentissage ensemble (ILET). Il présente également une analyse approfondie du bien-être des enseignants et de la qualité de l'enseignement dans les régions de Zinder et Diffa au Niger, et d'Uvira et Fizi dans la province du Sud-Kivu en RDC. De manière plus spécifique, le rapport explore plusieurs facteurs clés du bien-être des enseignants : leur statut professionnel, qui structure les inégalités dans la profession d'enseignant au Niger et en RDC ; leur identité sociale, avec un accent particulier sur le genre et l'ethnicité, qui jouent un rôle important dans la vie professionnelle et sociale des enseignants ; et leur exposition à la violence, en analysant comment les conflits violents pénètrent dans l'environnement scolaire et affectent le travail des enseignants.