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Статті в журналах з теми "Exception (state of)"
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Nielsen, Marie Vejrup, and Lene Kühle. "Religion And State In Denmark Exception Among Exceptions." Nordic Journal of Religion and Society 24, no. 02 (February 10, 2017): 173–88. http://dx.doi.org/10.18261/issn1890-7008-2011-02-05.
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De Acosta, Alejandro. "State of Exception." International Studies in Philosophy 38, no. 4 (2006): 157–58. http://dx.doi.org/10.5840/intstudphil200638444.
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Kruger, Erin. "State of Exception." Space and Culture 8, no. 3 (August 2005): 338–42. http://dx.doi.org/10.1177/1206331205277395.
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de la Durantaye, L. "The Exceptional Life of the State: Giorgio Agamben's State of Exception." Genre 38, no. 1-2 (January 1, 2005): 179–92. http://dx.doi.org/10.1215/00166928-38-1-2-179.
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Coleman, Mathew. "Reviews: State of Exception." Environment and Planning D: Society and Space 25, no. 1 (February 2007): 187–90. http://dx.doi.org/10.1068/d2501rvw.
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Balz, Hanno. "Head of State of Exception." Zeitschrift für Politikwissenschaft 28, no. 4 (October 9, 2018): 469–83. http://dx.doi.org/10.1007/s41358-018-0145-0.
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Douglas, Michael, and Claudia Carr. "The Commercial Exceptions to Foreign State Immunity." Federal Law Review 45, no. 3 (September 2017): 445–68. http://dx.doi.org/10.22145/flr.45.3.4.
Повний текст джерелаАнотація:
The Foreign States Immunities Act 1985 (Cth) provides that foreign states are immune to the jurisdiction of Australian courts, and that their property is immune from execution. Those immunities are subject to important ‘commercial exceptions’. First, foreign states are not immune in Australian proceedings insofar as they concern a ‘commercial transaction’. Second, foreign states are not immune from execution in respect of ‘commercial property’. The distinction between the commercial and the non-commercial may be difficult to pin down. With reference to recent case law, including the High Court's decision in Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 258 CLR 31, this article aims to articulate the scope of the commercial exceptions. It is argued that the scope of the commercial transaction exception is uncertain, and depends on courts’ approach to the task of characterisation. It is also argued that the commercial property exception is undesirably narrow, and will present a recurring impediment to the vindication of private rights.
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Alsarghali, Sanaa. "The ‘State of Emergency’ or the ‘State of Exception’? Bahrain and COVID-19." Global Discourse 10, no. 4 (November 1, 2020): 445–54. http://dx.doi.org/10.1332/204378920x16015781496746.
Повний текст джерелаАнотація:
The COVID-19 pandemic has raised awareness across the globe of how constitutions respond to crisis. Typically, countries, and their constitutions, have provisions that enable governments to respond to these crises rapidly through forms of exceptional powers which suspend usual constitutional norms. These powers are often invoked after declaring a ‘state of emergency’, a constitutional clause that has strict stipulations and requirements. Certain regimes, however, have been known to abuse these exceptional powers and to use them in times of normalcy (non-crisis). This paper examines how Bahrain has used exceptional measures to confront COVID-19, within the context of its past use of such powers, and suggests that Bahrain is not in a state of emergency, but is now operating in what Giorgio Agamben has labelled ‘a state of exception’.
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Chatterjee, Partha. "The State of Exception Goes Viral." South Atlantic Quarterly 120, no. 1 (January 1, 2021): 194–200. http://dx.doi.org/10.1215/00382876-8795842.
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The recent protests against the Citizenship Amendment Act have been widespread, spontaneous, and without the active sponsorship of political parties. They have brought out on the streets thousands of students and women who have never before participated in political rallies. What is the significance of this movement as a point of resistance against authoritarian Hindu nationalism? What does it mean for the future of Indian democracy?
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Lemke, Matthias. "What does state of exception mean?" Zeitschrift für Politikwissenschaft 28, no. 4 (September 20, 2018): 373–83. http://dx.doi.org/10.1007/s41358-018-0141-4.
Повний текст джерелаДисертації з теми "Exception (state of)"
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Thomas, Robert Christopher. "Broken thought-images of life in the state of exception /." Diss., Online access via UMI:, 2005.
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Mateescu, D. "The European Union, state of exception and state transformation : Romania, Turkey and ethnic minority politics." Thesis, Nottingham Trent University, 2011. http://irep.ntu.ac.uk/id/eprint/277/.
Повний текст джерелаАнотація:
The dissertation argues that the modern national sovereignty is the political expression of modern subjectivity and it dominates as such the contemporary discourse of human life, ethnic minorities included, in world politics. The analytical mechanism is grounded in social constructivist theorisations of discourse analysis. It evaluates whether and to what extent the enlargement of the European Union (EU) and its accession conditionality affect the discursive mechanisms of the national, sovereign subjectivity and its relations with national minorities. The cases studied here have been chosen because of the two states being inscribed in the recent past (Romania) and currently (Turkey) in the enlargement process. The dissertation builds methodologically on Agamben’s understanding of sovereignty as state of exception, interpreted here originally qua exception from the temporality of human life and therefore apt to author political time. In national form, this is understood as the production of the national time of politics, with a double ontological consequence: it constitutes the political nation, while concomitantly and inherently excluding non-national human life from political possibilities. The method of research develops this methodological perspective to analyse national sovereignty, drawing also on Heidegger, as factualisation of two purely theoretical constructs: the nation and the principle of sovereignty. The method therefore analyses national sovereignty in the process of constitution and producing its own presence as fact of human life through the engineering of time. The result of this engineering is the authorship/production of a historical and objective presence, the notion of ‘presence’ being borrowed from Derrida. The method allows for identifying specific elements in the dominant intellectual discourses in Romania and Turkey, which signal a subjective presence. This authors its historical presence in texts heavily employed in national education systems. It also legitimises the production of the nations’ objective presence, as formalised in legislation on citizenship and the official language of the respective states. The dissertation tests the hypothesis that the EU enlargement conditionality does affect the formal mechanisms producing the objective presence of national sovereignty, but leaves intact the mechanisms through which its historical presence continues to be fabricated. Consequently, the enlargement process does not affect the mechanisms of temporal engineering through which national sovereignties exclude ontologically the ethnic minorities from the time of the nation. The author claims that the dissertation contains strong elements of originality, starting from the methodological particularities and reflected in conclusions. It builds the analytical mechanism on the idea that sovereignty is inseparable from the subjectivity discoursing it, the onomastic terms of that discourse, and the relation established by the sovereign subjectivity with temporality in a given space. The result is the theorisation of sovereignty in relation with time. This is then employed in the original exploration of the Romanian and Turkish sovereignties in their historical becoming from the nineteenth century until the moment of writing. The appeal for the first time to a significant number of primary sources in this particular analytical context is also a strong element of originality. The method also allows for the original interpretation of minority politics as different from minority policies throughout the entire dissertation, which will lead in conclusions to valuable suggestions concerning much needed initiatives at the level of EU policy design.
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Dowling, G. D. "La Mascara que desomoscara : The exposure of 'State of Exception' in Juan Mayorga's theatre." Thesis, Queen's University Belfast, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.517274.
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SOUZA, TAIGUARA LIBANO SOARES E. "CONSTITUTION, PUBLIC SECURITY AND STATE OF EXCEPTION: THE BIOPOLITICS OF THE AUTOS DE RESISTÊNCIA." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=18771@1.
Повний текст джерелаАнотація:
CONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICOO presente trabalho pretende analisar o tema da segurança pública e suas tensões com os direitos fundamentais, expressas de modo emblemático na utilização generalizada dos autos de resistência pelas forças policiais no Rio de Janeiro. Como chave interpretativa, faremos uso da categoria Estado de exceção permanente para pontuar o exercício do poder soberano sobre a vida, que se percebe no desregrado uso da força letal por agentes policiais. Desta forma, será delineada uma genealogia do Estado de exceção presente nas estratégias repressivas de controle social no Brasil na vigência dos diversos textos constitucionais pátrios, desde o colonialismo, passando pelo Império, República Velha, Era Vargas, ditadura militar até chegar ao contexto inaugurado pela Constituição Federal de 1988. Neste âmbito, será abordada a segurança pública na perspectiva da constituição formal, pontuando os debates presentes na Assembléia Constituinte de 1987, e a previsão constitucional da temática da segurança. Ademais, será estudada a perspectiva da constituição material, analisando a experiência concreta das políticas de segurança pública implementadas pelos governos estaduais do Rio de Janeiro desde a reabertura democrática, o padrão lei e ordem dominante e a reflexão sobre a pertinência de categorias agambenianas como campo, biopolítica e homo sacer. Por fim, será abordado o auto de resistência enquanto dispositivo biopolítico a autorizar a matabilidade de certas categorias sociais, em pleno regime democrático.
This research intends to analyze the public security’s theme and his tensions with human rights, expressed by the general utilization of the autos de resistência by the Rio de Janeiro’s polices. We will use the permanent state of exception category as a key to study the sovereign’s power over the bare lives, which is perceived in the illegal use of lethal force by the police. So we intend to show the state of exception genealogy’s in the violent strategies of social control in Brazil along the constitutions, since the colonialism, by the empire, the República Velha, the Era Vargas, the military dictatorship, until the context reached by 1988’s Federal Constitution. Thus, will be analyzed the formal constitution perspective of public security, observing the discussion in the Constituent Assembly of 1987, and the constitutional reception of the public security theme. Moreover, will be studied the material constitution perspective, analyzing concrete experiences of security’s public policy at the Rio de Janeiro’s state governments since the reopening of democracy, observing the law and order model and the utilization of Agamben’s categories as camp, biopolitics and homo sacer. Finally, we will approach the auto de resistência as a biopolitical dispositive that authorizes deaths in certain social categories, even in the democracy.
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DYNIEWICZ, LETÍCIA GARCIA RIBEIRO. "STATE OF EXCEPTION AS RUPTURE: A STUDY BASED ON CARL SCHMITT AND WALTER BENJAMIN." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2016. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=27181@1.
Повний текст джерелаАнотація:
PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCOORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
CONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICO
FUNDAÇÃO DE APOIO À PESQUISA DO ESTADO DO RIO DE JANEIRO
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTS. DE ENSINO
A tese toma como problema central discutir a possibilidade de ruptura da ordem constitucional por meio do estado de exceção, compreendido a partir das leituras de Carl Schmitt e Walter Benjamin. Propõe-se refletir sobre o estado de exceção não tanto como um conceito jurídico, mas como um momento que tem a possibilidade de romper ou não com a ordem jurídica até então vigente. Sendo assim, a hipótese defendida por este trabalho consiste na premissa da existência de um ponto cego no constitucionalismo liberal — uma forma de pensar o direito que, em linhas gerais, garante aos indivíduos, primeiramente, a não interferência do Estado nas relações privadas e, em segundo lugar, a possibilidade de participar do processo decisório -, qual seja: o estado de exceção. Carl Schmitt e Walter Benjamin - autores situados em extremos opostos do espectro político - compreendem a exceção nesse sentido, ou seja, como uma incapacidade do constitucionalismo liberal para tratar da possibilidade da ruptura da ordem. Por não tratar dessa fissura a partir da qual se inicia o direito, também não discute a violência que o funda e o mantém. Em outras palavras, o constitucionalismo liberal não enfrenta a exceção porque ela minaria sua própria existência e seu pressuposto. O estado de exceção, pensado tanto como mecanismo garantidor da ordem quanto como momento de ruptura, abala tais pressupostos, desnudando o constitucionalismo liberal. Para corroborar tal hipótese, o trabalho será dividido em três capítulos. No primeiro deles, expõe-se um rápido quadro histórico do momento de Weimar para contextualizar o surgimento de tais teorias. Em seguida, trata-se de aproximar e afastar Walter Benjamin e Carl Schmitt nos pressupostos que irão levar os autores a pensar o estado de exceção: a teologia política, a social-democracia e a crítica à técnica. No segundo capítulo, levanta-se a hipótese de que Schmitt teme a exceção como momento de ruptura que desencaderia o caos, por isso sua defesa de uma constituição autoritária. Para tanto, o capítulo divide-se em quatro partes. Na primeira delas, aborda-se a relação entre sujeito romântico e liberalismo. Na segunda, a tensão entre política e direito. Adiante, aborda-se soberania, política e democracia e, por último, a questão da ruptura. O último capítulo trata de pensar o direito a partir de Walter Benjamin, em especial no que diz respeito à lei e à soberania. Primeiramente, a análise centra-se na questão da soberania, para em seguida, desenvolver as concepções metodológicas e políticas de história que levaram Benjamin a pensar em um permanente estado de exceção.
This thesis takes as its central problem the discussion on the possibility of rupture of the constitutional order by means of the state of exception, as understood by Carl Schmitt s and Walter Benjamin s readings. It proposes the comprehension of the state of exception not so much as a legal concept, but as a moment that can or cannot break the actual juridical order. Thus, the hypothesis assumed by this thesis is that there is a blind spot in liberal constitutionalism — a point of view on law that, in general terms, assures the individual, firstly, the nonintervention of the State on private affairs, and, secondly, the possibility of taking part in the decision-making process —, that is, the state of exception. Both Carl Schmitt and Walter Benjamin — authors who hold opposite positions on the political spectrum — understand exception according to this meaning, that is to say, as the impossibility of liberal constitutionalism to deal with an eventual break of the order. Since it does not treat on this fissure from which law begins, it also does not discuss the violence that founds it and keeps it. In other words, the liberal constitutionalism does not faces exception because it would undermine its very existence and premises. The state of exception, considered both as a guarantor of order and as a moment of rupture, unsettles those premises, exposing liberal constitutionalism. In order to corroborate this hypothesis, this thesis is divided in three chapters. In the first one, a brief historical background of the Weimar Moment is presented, in order to contextualize the emergence of those theories. Then, it deals with the accords and discords between Walter Benjamin and Carl Schmitt concerning the assumptions that move both authors to think of the state of exception: political theology, social democracy, and critique of technique. In the second chapter, it is proposed the hypothesis that Schmitt would be afraid of exception as a moment of rupture that could initiate chaos, hence his defense of an authoritarian constitution. For this purpose, the chapter is divided in four parts. The first one treats on the relation between romantic subject and liberalism. The second, on the tension between politics and law. Further on, it treats on sovereignty, politics and democracy, and, finally, the issue of rupture. The last chapter thinks Legal Studies on the basis of Walter Benjamin s ideas, especially those concerning law and sovereignty. First, the analysis is centered on the question of sovereignty, and, next, it develops the methodological and politic conceptions of history that moved Benjamin to think of a permanent state of exception.
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Van, de Weg Rachel M. "Benjamin's state of exception : an analysis of the 'Critique of Violence' with reference to Carl Schmitt." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/27571.
Повний текст джерелаАнотація:
The aim of this dissertation is to explore the connection between Carl Schmitt, popularly recognized as 'Crown Jurist of the Third Reich', and Walter Benjamin's 'Critique of Violence'. The dissertation responds, in part, to a series of secondary commentaries that read one thinker as an influence on the other. In arguing for the necessarily implicit dialogue between these two thinkers, the dissertation brings into question the emphasis, in these secondary commentaries, on Benjamin's reference to Schmitt in The Origin of German Tragic Drama. The introduction establishes the obscure beginnings of Benjamin's 'Critique of Violence', staging the problem, and the method, for reading the essay in the context of Benjamin's understanding of the specifications of pure violence and the significance of Schmitt to these constructs. Part one (chapters one and two) examines Benjamin's interest in the moment of Schmitt's conversion from Catholic conservative principles to Nazism. Chapter one sets the framework for reading Benjamin's refusal to engage with the terms of Schmitt's discourse, and offers detailed expositions of Schmitt's principle of sovereignty. Chapter two seeks to establish the difficulty in asserting and substantiating a conceptual difference between Schmitt's concept of sovereignty, and Benjamin's critique of that concept. Part two (chapters three and four) extends the incommensurability of Benjamin's position with respect to Schmitt. Its starting point is a conceptualisation of pure violence as that which exists from within the legal order, and refuses conscious willing. This analysis works, firstly, against the interpretative direction set by Derrida in his essay on the 'Force of Law', which reads pure violence as open to a 'reversal' and appropriation by the anti-revolutionary cause. Against Derrida's claim that Benjamin separates pure violence from the legal order, I argue that Benjamin's account of pure means brings to light a series of contradictions within critique as a method of legal analysis. Secondly, this analysis seeks to articulate the general underestimation in the secondary commentaries informed by Derrida of the strategic irony Benjamin deploys in his determination of the conditions of reading pure violence. Chapter three clarifies how, for Benjamin, the problem of the destruction and liberation of any given form of representation, dramatic or otherwise, is a political problem. The radical potential of Benjamin's work is argued in terms of his situation of his account of the deficiencies of the legal order within the same sphere of legal ends against which he seeks to deploy the revolutionary violence of a pure means; and in his location of pure means within the sphere of legal violence, so that it is at once the force that binds the authority of the law and the singular entity that unbinds that authority. This potential is exemplified through Benjamin's analysis of divine and sovereign violence, in which I argue that guilt is neither determined exclusively by, nor belongs exclusively to, Schmitt's concept of the juridical. Chapter four considers the emergence of 'pure language' and the proletarian general strike as states of exception. Here, an analysis of Sorel's attempt to map the 'creative consciousness' of the general strike serves two purposes: it lends context to a shared refusal on the part of both Benjamin and Schmitt to posit catharsis as the driving force of general strike, and it marks the point at which Benjamin takes his departure from Schmitt. Through the detailed analyses of the points of common reference between Benjamin and Schmitt, I develop and substantiate a stronger and richer account of the 'Critique of Violence' as a space of future potential within which an explicit dialogue between disparate schools of thought might be able to unfold.
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Kamdem, Kamga Gerard Emmanuel. "Emergency regimes in contemporary democracies." Thesis, University of Pretoria, 2014. http://hdl.handle.net/2263/45948.
Повний текст джерелаАнотація:
Emergency regimes as a legacy of French colonialism in Cameroon remain a key instrument to legalising strategies of control and subjugation of people. Officials in the country have been relying on these regimes not to save the state from a potential threat of war or invasion but to deny a fair democratic game, eliminate political opponents and keep control of power, people and resources. The core arguments of the present study devoted to emergency regimes in contemporary democracies with strong emphasis on Cameroon lies in its conceptual framing which is a clear contextualisation of the problem of the exception in the colonial period. In elucidating the situation in Cameroon, the study hilights how the permanent recourse to emergency regimes within the colony was central to Europeans’ tactics in their strategies of control and domination of colonised people. Starting with detailed historical analysis grounded on colonial and postcolonial experiences in Cameroon (and even Algeria), the study attempts to shift the understanding of the theories on the exception and sovereign violence by placing contemporary legal and philosophical debates on the exception in the context in which they originally emerged, a means of legitimating the subjugation of colonised peoples. More specifically, the thesis shows how the country’s colonial past strongly influences the current state’s structures through a basic reliance on emergency measures which became normalised to a point where law’s force has been reduced to the zero point of its own content. The draconian measures have been routinised and have successfully moved from the exceptional sphere to that of the normality. Additionally, patterns of rule by ordinance and decree were put in place in the early ‘post-independence’ period, and have now become the norm in Cameroon. As consequences, the process matters of justice are reduced to bare legal force, and in that process the legitimacy of both state and law are compromised, rendering subjects politically jaundiced and demoralised. The net effect of such developments appears to be detrimental to the very foundation of the state which is then subject to a process of disintegration.Thesis (LLD)--University of Pretoria, 2014.
tm2015
Jurisprudence
LLD
Unrestricted
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Azevedo, Estenio Ericson Botelho de. "Estado de exceção, Estado penal e o paradigma governamental da emergência." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/8/8133/tde-11042013-095632/.
Повний текст джерелаАнотація:
Este trabalho consiste numa análise sobre a configuração contemporânea do estado de exceção. Tornando-se atualmente a regra na atual experiência governamental, o estado de exceção tem extrapolado sua excepcionalidade e se constituído em técnica de governo. Recorrendo a leituras de Arendt e, principalmente, de Foucault, busco aqui caracterizar o sentido da biopolítica na sua concepção propriamente agambeniana. Em seguida, por meio do diálogo de Agamben com Schmitt, caracterizo a passagem do estado de exceção da excepcionalidade para a regra. Todavia, o ponto de fuga desta exposição é a busca de uma interlocução deste debate com o que Loïc Wacquant tem chamado de período de fortalecimento do braço penal do Estado. Recorrendo ainda a Melossi e De Giorgio, que concebem uma economia política da pena no capitalismo contemporâneo, intento chamar a atenção para o que considero um limite do pensamento de Agamben: o fato de ele não levar em conta as relações econômico-mercantis e sua expressão na luta de classes. Dessa forma, a proposta desta tese é pensar a segurança como paradigma contemporâneo da reprodução do capital e o Estado penal como sua expressão.This work is an analysis of the contemporary state of exception. Currently becoming the rule in the present governmental experience, the state of exception has extrapolated its exceptionality and constituted into a technique of government. Drawing on readings by Arendt and especially by Foucault, I aim here in characterizing the meaning of biopolitics in its Agambenian design properly. Then, through Agambens dialogue with Schmitt I characterize the passage of the state of exception from exceptionality to the norm. However, the vanishing point of this exposition is to seek a dialogue between this debate and that Loïc Wacquant has called a period of strengthening of the punitive arm of the state. Using in addiction Melossi and De Giorgio, who conceive a \"political economy of punishment\" in contemporary capitalism, I attempt to draw attention to what I consider a limitation in Agamben\'s thought: the fact that he did not take into account the economic-commodities relations and its expression in the class struggle. Thus, the purpose of this dissertation is to think the safety as a contemporary paradigm of capital reproduction and Penal State as its expression.
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Forestier, Yann. "L’École, exception médiatique. La presse face aux enjeux des changements pédagogiques, 1959-2008." Thesis, Paris 4, 2014. http://www.theses.fr/2014PA040048.
Повний текст джерелаАнотація:
Cette thèse s’interroge sur l’intensité des débats, controverses et polémiques qui, en France, abordent la question de l’École, au moyen de l’étude du discours porté par la presse écrite généraliste entre 1959 et 2008, soit au cours du demi-siècle où se rencontrent la domination de ces débats par les enjeux liés à la démocratisation de l’enseignement du second degré et l’affirmation de la presse nationale d’information générale comme instance de prescription des débats intellectuels. Basé sur l’analyse statistique d’importants échantillons sélectionnés au sein d’un corpus de 8500 articles, ce travail s’attache à relier le contenu de ces textes aux réalités dont ils prétendent rendre compte, mettant en évidence les représentations qui sont élaborées et mobilisées. Dans le même temps, il examine les conditions de construction de l’information telle que la presse, dont les priorités et les méthodes évoluent, la façonne, et ce sur une matière scolaire dont la charge identitaire et les mutations à l’œuvre affectent de façon différenciée les catégories variées d’acteurs que les journaux font se rencontrerThis thesis questions the intensity of the debates, controversies and polemics that revolve around the school question in France, by studying the speech developed in the general written press between 1959 and 2008, i.e. during the five decades when the domination of the stakes linked to the democratization of second-degree schooling and the affirmation of national general press as a framing authority of the intellectual debates meet. Based on the statistic analysis of important samples of a corpus of 8500 articles, this work seeks to link the content of these texts to the realities they claim to reflect, putting in relief the representations they contribute to work out and to mobilize. At the same time, it reviews the conditions of the treatment of information as shaped by the press – whose priorities and methods evolve – on a school matter with its specific identity stakes and current changes that affect in different ways the various categories of actors expressing themselves in newspapers
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Zhang, Yunpeng. "Better city, better life? : the 'fate' of the displacees from the Shanghai World Expo 2010." Thesis, University of Edinburgh, 2015. http://hdl.handle.net/1842/16158.
Повний текст джерелаАнотація:
With the ascendency of neoliberal ideology, mega-events have been increasingly used by ruling elites as part of a narrative of competitive progress in order to attract investment capital. Unfortunately, the dark side of mega-events has not received enough attention in existing literature, especially the critically important question of displacement and forced eviction because of such events. This thesis contributes to the literature by debunking the myths of mega-events and examining the domicide effects through an in-depth case study of the Shanghai World Expo. Theoretically, the thesis develops the notion of domicide by incorporating the literature on domination and subordination. It attempts to negotiate the tension between the subjective experience of victimhood and the objective process of victimisation in domcide. In analysing the domicide experiences, this thesis proposes to look into both the temporalities and spatialities of domicide, and to examine the variegated ways the displaced appropriate them. It questions how the morally, legally and politically problematic act of domicide is committed without effective forms of resistance. Empirically, this thesis offers a post hoc impact assessment of the ‘best ever’ World Expo and voices the suppressed outcries from those on the receiving end. It supplies a detailed account of the social production of domicide with a case from the Global South, and in doing so; it explores ‘actually existing neoliberalism’ in the Chinese context, expanding the geographical horizon in existing literature and enhancing our understanding of the articulation of neoliberalism in different localities. Although contextualised through the lens of mega-events, the conditions, mechanisms, process and tactics that provide the fertile soil for domicide as identified in this thesis can teach us a great deal about urban spatial practices elsewhere. The thesis draws upon the data collected through site-intensive ethnographic fieldwork, mixing the use of interviews, (non-)participatory observation, survey, unorthodox focus groups and media content. It argues that the exceptionality of the World Expo revokes political, moral and legal boundaries in causing pain to affected citizens in order to facilitate the accumulation of capital. Such exceptionality is constructed through various normative discourses. Those discourses and values naturalise and legitimatise the process of domicide, produce symbolic violence, and undermine the solidarity of the powerlessness. The submission of the displaced to the dominant power enables the production and reproduction of a repressive social and spatial structure. These are vitally important questions given the international focus on China’s economic growth and urbanisation.
Книги з теми "Exception (state of)"
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Dyzenhaus, David. State of exception. Toronto: Faculty of Law, University of Toronto, 2006.
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L' exception islamique. Paris: Seuil, 2004.
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Redissi, Hamadi. L' exception islamique. Paris: Seuil, 2004.
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4
Moudouros, Nikos. State of Exception in the Mediterranean. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-56873-3.
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Simelon, Paul. Hitler, comprendre une exception historique. Paris: Harmattan, 2004.
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The exceptionalist state and the state of exception: Herman Melville's Billy Budd, sailor. Baltimore: Johns Hopkins University Press, 2011.
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7
Elena, Bellina, and Bonfazio Paola, eds. State of exception: Cultural responses to the rhetoric of fear. Newcastle: Cambridge Scholars Press, 2006.
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8
Samuli, Miettinen, and ASSER International Sports Law Centre., eds. The sporting exception in European Union law. The Hague: T.M.C. Asser Press, 2008.
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Neoliberalism as exception: Mutations in citizenship and sovereignty. Durham [N.C.]: Duke University Press, 2006.
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L' exception culturelle: Culture et pouvoirs sous la Ve République. Paris: B. Grasset, 1995.
Знайти повний текст джерелаЧастини книг з теми "Exception (state of)"
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de Moura Costa Matos, Andityas Soares. "State of Exception." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–7. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_1140-1.
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Paul, Erik. "The State of Exception." In Australian Imperialism, 1–48. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1916-8_1.
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Reimer-Burgrova, Helena. "The Endless State of Exception." In Politics of Violence and Fear in MENA, 1–25. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83932-1_1.
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Maior, Paulo Vila, and Isabel Camisão. "Constitutionalising the state of exception." In The Pandemic Crisis and the European Union, 125–45. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003153900-7.
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Jerryson, Michael. "The Buddhist State of Exception." In Buddhism and the Political Process, 145–66. London: Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1007/978-1-137-57400-8_8.
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Illuzzi, Jennifer. "The Modern Bureaucratic State of Exception." In Gypsies in Germany and Italy, 1861–1914, 1–27. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137401724_1.
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Bishai, Linda S. "The Inertia of the Exception." In Law, Security and the State of Perpetual Emergency, 11–36. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-44959-9_2.
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Moudouros, Nikos. "Introduction." In State of Exception in the Mediterranean, 1–12. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-56873-3_1.
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Moudouros, Nikos. "The Victory of the “Parallel Society”." In State of Exception in the Mediterranean, 229–52. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-56873-3_10.
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Moudouros, Nikos. "Conclusions." In State of Exception in the Mediterranean, 253–72. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-56873-3_11.
Повний текст джерелаТези доповідей конференцій з теми "Exception (state of)"
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Cristine Bevian, Elsa. "The State in crisis: biopolitics and the state of exception." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws110_01.
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Karaan, Anna Katrina. "Negotiating spaces of exception." In 55th ISOCARP World Planning Congress, Beyond Metropolis, Jakarta-Bogor, Indonesia. ISOCARP, 2019. http://dx.doi.org/10.47472/aund2912.
Повний текст джерелаАнотація:
Urban enclaves have come to define the growth of many contemporary cities, subdividing society spatially into homogenous groupings. In the global south, this has been translated even more distinctly due to the excessive disparity among social classes. With their predisposition towards exclusion, urban enclaves are often portrayed as particular sites of unsustainability. However, a specific version of these enclaves, the Planned Unit Development (PUD) and its current manifestation of high-density mixed-use townships, has been championed as a concept that inculcates more sustainable practices due to its innate flexibility. Utilizing a localized actor-centric approach, this study uncovers how PUDs in Metro Manila are negotiated as spaces of exception. The study uses a representative case study of one of the pioneering PUDs in Metro Manila, Eastwood City, and applies a qualitative methodology to explore how relations of state-space-society creates and continuously shapes these spaces. Eastwood City is uncovered to be a legitimized space of exception, where dominant narratives have prioritized private over public interests, but crossed into the realm of acceptability due to its claims of sustainability, particularly of the "live-work-play" lifestyle. However, this study also reveals how the narratives of the dispossessed are exhibited in the margins and how this is continuously (re)shaping the development. These point towards the possibility of alternative futures for PUDs by shifting the power to negotiate to all stakeholders, not only in the creation but also throughout the lifespan of the project, which can then lead to more inclusiveness and equality in the process. By operationalizing the PUD concept, urban enclaves can cease to be purveyors of singular interests but become dynamic spaces of exception that are constantly negotiated by their actors.
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Pantić, Nemanja, and Marija Lakićević. "THE STATE OF TOURISM IN EUROPEAN UNION MEMBER STATES DURING COVID-19 PANDEMIC." In The Sixth International Scientific Conference - TOURISM CHALLENGES AMID COVID-19, Thematic Proceedings. FACULTY OF HOTEL MANAGEMENT AND TOURISM IN VRNJAČKA BANJA UNIVERSITY OF KRAGUJEVAC, 2021. http://dx.doi.org/10.52370/tisc21433np.
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The Covid-19 pandemic has left an impact on the whole world and all economic activities without exception. There are already indications of the consequences, and they will be fully perceptible only after the pandemic is over, which still seems far away. One of the general characteristics of tourism is vulnerability during periods of crisis which everyone globally has to face. Since the beginning of 2020, and especially since March, a drastic drop in tourist travels on the tourism market of the European Union, or its member states, is obvious. The goal of this paper is to define a model which will be able to predict changes in tourist visits based on their movements in previous periods. The analysis includes all European Union member states and changes in the number of tourist visits on a monthly basis during 2020. The model will also enable future predictions, which is very important for tourism policy carriers, as well as for the tourism offer which can adapt to expectations.
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Evtushenko, N. S. "The best gooseberry varieties for the Middle Urals." In CURRENT STATE, PROBLEMS AND PROSPECTS OF THE DEVELOPMENT OF AGRARIAN SCIENCE. Federal State Budget Scientific Institution “Research Institute of Agriculture of Crimea”, 2020. http://dx.doi.org/10.33952/2542-0720-2020-5-9-10-59.
Повний текст джерелаАнотація:
The results of the study of eight selected and elite gooseberry seedlings in the Middle Urals are represented in this article. All seedlings, with the exception of II-12-4, are winter-hardy. The hybrids II-7-7,8 and II-10-4 have the maximum berry weight (7.9–9.0 g). In 2019, variety ‘Demidovsky’ (II-7-7,8) was accepted to State Variety Testing program.
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Nooraldeen, Yasser, Zainab Derbas, Yousif Zainal, Rami Esbai, Khalil AlQassab, Hamza Alkooheji, Mohamed Almal, Kranthi Bandla, Ali AlNowakhda, and Sreeharshan Samineni. "Gas Lifted and Naturally Flowing Wells Exception Process via GIS - A State of the Art Surveillance Process." In SPE Middle East Artificial Lift Conference and Exhibition. Society of Petroleum Engineers, 2018. http://dx.doi.org/10.2118/192499-ms.
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Yakuba, G. V., I. L. Astapchuk, and A. I. Nasonov. "The effectiveness of fungicides in vitro against some species of the genus Fusarium Link – pathogens causing core rot of apple." In CURRENT STATE, PROBLEMS AND PROSPECTS OF THE DEVELOPMENT OF AGRARIAN SCIENCE. Federal State Budget Scientific Institution “Research Institute of Agriculture of Crimea”, 2020. http://dx.doi.org/10.33952/2542-0720-2020-5-9-10-52.
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The research aimed to determine in vitro effectiveness of fungicides of chemical origin against some species of the genus Fusarium Link – pathogens causing core rot of apple. The study showed low biological effectiveness of four fungicides against F. sporotrichioides and F. semitectum. The effect, with one exception, did not exceed 50%; some fungicides were ineffective. Species-specific reactions of relative sensitivity to chemical preparations for various in vitro indices were noted. Thus, F. semitectum showed a higher relative sensitivity in terms of the number of colonies; F. sporotrichioides – in the degree of development of aerial mycelium.
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Maria Zaia Borges, Rosa. "Terrorism, state of exception and human rights: a look towards the perverted economic face of the ‘declared war’." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg166_01.
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Merkel, K. A., and E. P. Vibe. "THE PREVALENCE OF INFECTIOUS LODGING OF SEEDLINGS OF COMMON PINE IN AUTUMN SOWING AT THE NURSERY OF SFNR" ERTIS ORMANY»." In STATE AND DEVELOPMENT PROSPECTS OF AGRIBUSINESS Volume 2. DSTU-Print, 2020. http://dx.doi.org/10.23947/interagro.2020.2.38-40.
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Phytopathological studies of the state of shoots of common pine (Pinus sylvestris L.) of autumn sowing when grown in protected soil with the use of Agrotex covering material were carried out. The results of survey showed that when using fertilizers and soil activators-nitrogen, phosphorus, boric acid, EM EKO KZ Soil, EM EKO KZ soil (NPK) and humus, there is a drop in seedlings from 7.5 to 32.6%. The main reason for the death of shoots was the development and spread of infectious pathogens of seedlings. The species composition of pathogenic microflora in diseased plants is represented by a group of soil fungi belonging to the anamorphic division-Fusarium, Alternaria. Evaluation of the experience of introducing substances into the soil during autumn sowing showed that their use, as a rule, does not affect the resistance of plants to infectious pathogens, with the exception of boric acid, which has fungicidal activity.
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Jayasekara, Thilini, Anuradha Iddagoda, and Hiranya Dissanayake. "Factors Affecting Green Human Resource Management: A Study of a State University Sri Lanka." In 3rd International Conference Global Ethics -Key of Sustainability (GEKoS). Lumen Publishing House, 2023. http://dx.doi.org/10.18662/lumproc/gekos2022/10.
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Today, going green is a trend in almost all the fields in the world; Human Resource Management field is no exception. Green Human Resource Management has gained the attention of the top management in any sector. This study intends to identify the factors that affect Green Human Resource Management, including organizational culture, leadership and personal character. The academic staff of a state university is the individual unit of analysis. As a cross-sectional study, the study was conducted in a non-contrive setting, with minimum researcher interference. Three hypotheses have been developed to test the nomological network/conceptual framework. The study’s findings suggest that leadership directly impacts Green Human Resource Management and has no impact on other factors. This study adds new knowledge to social exchange theory and has significant policy implications for universities.
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Sperry, Benjamin R., and Curtis A. Morgan. "Review of State-Level Loan and Grant Funding Programs for Local Freight Rail Infrastructure." In 2013 Joint Rail Conference. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/jrc2013-2479.
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This paper reports the results of a comprehensive review of state-level loan and grant funding programs specifically for local freight railroad infrastructure improvements. A total of 33 unique funding programs exist in 24 states. A majority of the programs are administered through the State DOT; however, other agencies can be involved. Programs typically offer a low-interest loan, grant, or a combination of loan and grant assistance; however, some loan programs allow for conversion to a grant if performance targets (typically jobs or local carloads) are achieved. Eligible entities typically include public agencies, freight railroad companies, or private industry. While these programs appear to be providing local communities with much-needed funding for rail projects, this review finds that administrative details of state-level funding programs within the public domain, such as published project selection criteria or a clear process of decision-making for funding, are the exception rather than the rule. Furthermore, ex post evaluation of project outcomes appears to be rare, underscoring the need for greater transparency in reporting of funding awards and assessment of how funding has been used to advance economic development goals. The findings from this paper can be used by state and local policymakers considering the creation of loan or grant funding programs for freight railroad infrastructure projects or by those who are seeking to improve existing programs.
Звіти організацій з теми "Exception (state of)"
1
Kusiak, Chris, Mark D. Bowman, and Arun Prakash. Legal and Permit Loads Evaluation for Indiana Bridges. Purdue University, 2021. http://dx.doi.org/10.5703/1288284317267.
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According to federal law, routine commercial vehicles must adhere to certain limits on their load configuration in order to operate legally on interstate highways. However, states may allow for heavier or different load configurations provided that bridges on the state and county highway system are load rated and, if necessary, posted with vehicles that appropriately represent these loads. The state of Indiana allows several classes of vehicles to operate with loads that exceed federal limits, and, presently, several LFD design loads are used to represent these exceptions as state legal loads. This study evaluates the MBE rating loads for their ability to encompass Indiana’s exception vehicles and recommends a set of state rating loads which can replace the current state legal loads and, combined with the MBE rating loads, satisfactorily encompass the load effects due to these exceptions. Comparing moment and shear envelopes on a representative set of bridges, the MBE rating vehicles were found to be insufficient for representing Indiana’s exception vehicles. Three new rating loads are proposed which encompass the exception vehicles efficiently and represent realistic legal loads. Conversely, acceptable HS-20 rating factors are also provided as an alternative to the adoption of these new vehicles. These rating factors, all 1.0 or greater, can ensure a similar level of safety by requiring a specific amount of excess capacity for the HS-20 design load.
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Carver-Thomas, Desiree, and Susan Patrick. Understanding Teacher Compensation: A State-by-State Analysis. Learning Policy Institute, April 2022. http://dx.doi.org/10.54300/443.847.
Повний текст джерелаАнотація:
Offering competitive teacher compensation is an important part of the puzzle to recruiting and retaining a strong and diverse teacher workforce. The maps and associated tables that follow show three teacher wage indicators for each state: (1) average annual starting salary for public school teachers, (2) average annual starting salary for public school teachers adjusted for cost-of-living differences across states, and (3) average weekly wage competitiveness—how much teachers earn relative to other college-educated workers in that state. Together, these indicators signal the overall wage conditions underlying efforts to attract and retain well-prepared teachers across a state. The final table in the series shows all three indicators for each state. Teacher starting salaries and cost of living vary by district, so within states (with the exception of Hawaii and Washington, DC, which each comprise a single school district), there are districts that will be higher or lower than their state average on these indicators.
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Peterson, Eric, Wenbin Wei, and Lydon George. A Model for Integrating Rail Services with other Transportation Modalities: Identifying the Best Practices and the Gaps for California’s Next State Rail Plan. Mineta Transportation Institute, July 2021. http://dx.doi.org/10.31979/mti.2021.1949.
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The California State Rail Plan (CSRP) is among the best rail plan documents published by any jurisdiction in the United States to date. As such, the CSRP is used in this paper as the basis of comparison to other state rail service plans. These plans will have been submitted to the Federal Railroad Administration (FRA) on record as of June 2020—as required under Section 303 of the Passenger Rail Investment and Improvement Act (PRIIA) of 2008. The purpose of this paper is to identify the best practices and gaps that may inform California and other states in their future rail service plan development. This paper is grounded in the realization that, while the general outline of FRA requirements is uniform for all states, the actual content and inclusion of these requirements in the myriad state plans varies greatly. For example, California was granted an exception to help update FRA Rail Plan Guidance for its 2018 Rail Plan, other states have complained that FRA guidance and requirements on rail service planning have put state rail agencies in the position of constantly writing plans with little or no time to implement them. Throughout this research, the authors identify all the elements of FRA guidelines as reflected in the CSRP and rail plans of other states. This report also identifies the best features and planning strategies that may inform and improve the state rail planning process going forward, steps that will positively contribute to the public benefit of enhanced rail systems.
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Speroni, Samuel, Asha Weinstein Speroni, Michael Manville, and Brian D. Taylor. Charging Drivers by the Gallon vs. the Mile: An Equity Analysis by Geography and Income in California. Mineta Transportation Institute, September 2022. http://dx.doi.org/10.31979/mti.2022.2238.
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This study used data from the 2017 National Household Travel Survey California Add-On sample to explore how replacing the current state vehicle fuel tax with a flat-per-mile-rate road-user charge (RUC) would affect costs for different kinds of households. We first estimated how household vehicle fuel efficiency, mileage, and fuel tax expenditures vary by geography (rural vs. urban) and by income. These findings were then used to estimate how much different types of households pay in the current per-gallon state fuel tax, what they would pay if the state were to replace fuel taxes with a flat-rate road-usage charge (RUC) that would generate revenues similar to the current state fuel tax (2.52¢ per mile driven), and the difference in household expenditures between the fuel tax and RUC. We find that rural households tend to drive more miles and own less fuel-efficient vehicles than urban ones, so they pay comparatively more in fuel tax and would pay more with the RUC as well. However, this rural/urban variation is less for the RUC than the fuel tax, so moving to a flat-rate RUC would redistribute some of the overall tax burden from rural households (that drive more miles in fuel-thirsty vehicles) to urban households (that drive fewer miles in more fuel-efficient vehicles). Transitioning from the fuel tax to RUC would also generally shift the fuel tax burden from lower-income to higher-income households, with one exception: expenditures would rise for low-income urban households. However, the variation in the tax incidence between the gas tax and RUC is quite modest, amounting to less than one dollar per week for both urban and rural households at all income levels.
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Desiderati, Christopher. Carli Creek Regional Water Quality Project: Assessing Water Quality Improvement at an Urban Stormwater Constructed Wetland. Portland State University, 2022. http://dx.doi.org/10.15760/mem.78.
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Stormwater management is an ongoing challenge in the United States and the world at-large. As state and municipal agencies grapple with conflicting interests like encouraging land development, complying with permits to control stormwater discharges, “urban stream syndrome” effects, and charges to steward natural resources for the long-term, some agencies may turn to constructed wetlands (CWs) as aesthetically pleasing and functional natural analogs for attenuating pollution delivered by stormwater runoff to rivers and streams. Constructed wetlands retain pollutants via common physical, physicochemical, and biological principles such as settling, adsorption, or plant and algae uptake. The efficacy of constructed wetlands for pollutant attenuation varies depending on many factors such as flow rate, pollutant loading, maintenance practices, and design features. In 2018, the culmination of efforts by Clackamas Water Environment Services and others led to the opening of the Carli Creek Water Quality Project, a 15-acre constructed wetland adjacent to Carli Creek, a small, 3500-ft tributary of the Clackamas River in Clackamas County, OR. The combined creek and constructed wetland drain an industrialized, 438-acre, impervious catchment. The wetland consists of a linear series of a detention pond and three bioretention treatment cells, contributing a combined 1.8 acres of treatment area (a 1:243 ratio with the catchment) and 3.3 acre-feet of total runoff storage. In this study, raw pollutant concentrations in runoff were evaluated against International Stormwater BMP database benchmarks and Oregon Water Quality Criteria. Concentration and mass-based reductions were calculated for 10 specific pollutants and compared to daily precipitation totals from a nearby precipitation station. Mass-based reductions were generally higher for all pollutants, largely due to runoff volume reduction on the treatment terrace. Concentration-based reductions were highly variable, and suggested export of certain pollutants (e.g., ammonia), even when reporting on a mass-basis. Mass load reductions on the terrace for total dissolved solids, nitrate+nitrite, dissolved lead, and dissolved copper were 43.3 ± 10%, 41.9 ± 10%, 36.6 ± 13%, and 43.2 ± 16%, respectively. E. coli saw log-reductions ranging from -1.3 — 3.0 on the terrace, and -1.0 — 1.8 in the creek. Oregon Water Quality Criteria were consistently met at the two in-stream sites on Carli Creek for E. coli with one exception, and for dissolved cadmium, lead, zinc, and copper (with one exception for copper). However, dissolved total solids at the downstream Carli Creek site was above the Willamette River guidance value 100 mg/L roughly 71% of the time. The precipitation record during the study was useful for explaining certain pollutant reductions, as several mechanisms are driven by physical processes, however it was not definitive. The historic rain/snow/ice event in mid-February 2021 appeared to impact mass-based reductions for all metals. Qualitatively, precipitation seemed to have the largest effect on nutrient dynamics, specifically ammonia-nitrogen. Determining exact mechanisms of pollutant removals was outside the scope of this study. An improved flow record, more targeted storm sampling, or more comprehensive nutrient profiles could aid in answering important questions on dominant mechanisms of this new constructed wetland. This study is useful in establishing a framework and baseline for understanding this one-of-a-kind regional stormwater treatment project and pursuing further questions in the future.
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Vestergaard, Jakob, and Daniela Gabor. Central Banks Caught Between Market Liquidity and Fiscal Disciplining: A Money View Perspective on Collateral Policy. Institute for New Economic Thinking Working Paper Series, December 2021. http://dx.doi.org/10.36687/inetwp170.
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Despite much attention to unconventional monetary policies after the financial crisis, the collateral policies of central banks are rarely discussed. And when they are, the haircuts applied to assets pledged to access central bank liquidity tend not to be analyzed. An exception to these trends is the recent work by Nyborg (2017), who argues that the collateral policies adopted by the European Central Bank (ECB) aggravated the sovereign debt crisis and put the survival of the euro at risk. Taking our point of departure in the money view literature (Mehrling 2011), we argue however that Nyborg’s critique of the ECB’s crisis response is misguided and that his proposal to deepen and reinforce the ECBs role in the fiscal disciplining of member states would be procyclical and destabilizing. Through our analysis of Nyborg’s work and the ECBs crisis response, we identify core principles for countercyclical collateral policies suitable for market-based financial systems.
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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.
Повний текст джерелаАнотація:
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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Russo, David, and William A. Jury. Characterization of Preferential Flow in Spatially Variable Unsaturated Field Soils. United States Department of Agriculture, October 2001. http://dx.doi.org/10.32747/2001.7580681.bard.
Повний текст джерелаАнотація:
Preferential flow appears to be the rule rather than the exception in field soils and should be considered in the quantitative description of solute transport in the unsaturated zone of heterogeneous formations on the field scale. This study focused on both experimental monitoring and computer simulations to identify important features of preferential flow in the natural environment. The specific objectives of this research were: (1) To conduct dye tracing and multiple tracer experiments on undisturbed field plots to reveal information about the flow velocity, spatial prevalence, and time evolution of a preferential flow event; (2) To conduct numerical experiments to determine (i) whether preferential flow observations are consistent with the Richards flow equation; and (ii) whether volume averaging over a domain experiencing preferential flow is possible; (3) To develop a stochastic or a transfer function model that incorporates preferential flow. Regarding our field work, we succeeded to develop a new method for detecting flow patterns faithfully representing the movement of water flow paths in structured and non-structured soils. The method which is based on application of ammonium carbonate was tested in a laboratory study. Its use to detect preferential flow was also illustrated in a field experiment. It was shown that ammonium carbonate is a more conservative tracer of the water front than the popular Brilliant Blue. In our detailed field experiments we also succeeded to document the occurrence of preferential flow during soil water redistribution following the cessation of precipitation in several structureless field soils. Symptoms of the unstable flow observed included vertical fingers 20 - 60 cm wide, isolated patches, and highly concentrated areas of the tracers in the transmission zone. Soil moisture and tracer measurements revealed that the redistribution flow became fingered following a reversal of matric potential gradient within the wetted area. Regarding our simulation work, we succeeded to develop, implement and test a finite- difference, numerical scheme for solving the equations governing flow and transport in three-dimensional, heterogeneous, bimodal, flow domains with highly contrasting soil materials. Results of our simulations demonstrated that under steady-state flow conditions, the embedded clay lenses (with very low conductivity) in bimodal formations may induce preferential flow, and, consequently, may enhance considerably both the solute spreading and the skewing of the solute breakthrough curves. On the other hand, under transient flow conditions associated with substantial redistribution periods with diminishing water saturation, the effect of the embedded clay lenses on the flow and the transport might diminish substantially. Regarding our stochastic modeling effort, we succeeded to develop a theoretical framework for flow and transport in bimodal, heterogeneous, unsaturated formations, based on a stochastic continuum presentation of the flow and a general Lagrangian description of the transport. Results of our analysis show that, generally, a bimodal distribution of the formation properties, characterized by a relatively complex spatial correlation structure, contributes to the variability in water velocity and, consequently, may considerably enhance solute spreading. This applies especially in formations in which: (i) the correlation length scales and the variances of the soil properties associated with the embedded soil are much larger than those of the background soil; (ii) the contrast between mean properties of the two subdomains is large; (iii) mean water saturation is relatively small; and (iv) the volume fraction of the flow domain occupied by the embedded soil is relatively large.
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Nyseth Brehm, Hollie. Identity, Rituals, and Narratives: Lessons from Reentry and Reintegration after Genocide in Rwanda. RESOLVE Network, November 2020. http://dx.doi.org/10.37805/pn2020.8.vedr.
Повний текст джерелаАнотація:
This policy note outlines core findings from a case study of the experiences of approximately 200 Rwandans as they left prison or community service camp and returned to their communities. Specifically, it relies upon interviews with each of these individuals before, 6 months after, and again 1 year after their release—as well as interviews with over 100 community members. Although reentry and reintegration are multifaceted processes, this policy note focuses on identity, rituals, and narratives with an emphasis on initial reentry, which sets the stage for broader reintegration. In doing so, the note highlights insights that are relevant to reentry and reintegration following not only genocide but also mass violence, war, insurgency, violent extremism, and other forms of political violence. It simultaneously recognizes, however, that the case of Rwanda has exceptional elements and addresses these elements throughout.
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Sprague, Joshua, David Kushner, James Grunden, Jamie McClain, Benjamin Grime, and Cullen Molitor. Channel Islands National Park Kelp Forest Monitoring Program: Annual report 2014. National Park Service, August 2022. http://dx.doi.org/10.36967/2293855.
Повний текст джерелаАнотація:
Channel Islands National Park (CHIS) has conducted long-term ecological monitoring of the kelp forests around San Miguel, Santa Rosa, Santa Cruz, Anacapa and Santa Barbara Islands since 1982. The original permanent transects were established at 16 sites between 1981 and 1986 with the first sampling beginning in 1982, this being the 33rd year of monitoring. An additional site, Miracle Mile, was established at San Miguel Island in 2001 by a commercial fisherman with assistance from the park. Miracle Mile was partially monitored from 2002 to 2004, and then fully monitored (using all KFM protocols) since 2005. In 2005, 16 additional permanent sites were established to collect baseline data from inside and adjacent to four marine reserves that were established in 2003. Sampling results from all 33 sites mentioned above are included in this report. Funding for the Kelp Forest Monitoring Program (KFM) in 2014 was provided by the National Park Service (NPS). The 2014 monitoring efforts utilized 49 days of vessel time to conduct 1,040 dives for a total of 1,059 hours of bottom time. Population dynamics of a select list of 71 “indicator species” (consisting of taxa or categories of algae, fish, and invertebrates) were measured at the 33 permanent sites. In addition, population dynamics were measured for all additional species of fish observed at the sites during the roving diver fish count. Survey techniques follow the CHIS Kelp Forest Monitoring Protocol Handbook (Davis et al. 1997) and an update to the sampling protocol handbook currently being developed (Kushner and Sprague, in progress). The techniques utilize SCUBA and surface-supplied-air to conduct the following monitoring protocols: 1 m2 quadrats, 5 m2 quadrats, band transects, random point contacts, fish transects, roving diver fish counts, video transects, size frequency measurements, and artificial recruitment modules. Hourly temperature data were collected using remote temperature loggers at 32 sites, the exception being Miracle Mile where there is no temperature logger installed. This annual report contains a brief description of each site including any notable observations or anomalies, a summary of methods used, and monitoring results for 2014. All the data collected during 2014 can be found in the appendices and in an Excel workbook on the NPS Integrated Resource Management Applications (IRMA) portal. In the 2013 annual report (Sprague et al. 2020) several changes were made to the appendices. Previously, annual report density and percent cover data tables only included the current year’s data. Now, density and percent cover data are presented in graphical format and include all years of available monitoring data. Roving diver fish count (RDFC), fish size frequency, natural habitat size frequency, and Artificial Recruitment Module (ARM) size frequency data are now stored on IRMA at https://irma.nps.gov/DataStore/Reference/Profile/2259651. The temperature data graphs in Appendix L include the same graphs that were used in past reports, but include additional violin plot sections that compare monthly means from the current year to past years. In addition to the changes listed above, the layout of the discussion section was reordered by species instead of by site. The status of kelp forests differed among the five park islands. This is a result of a combination of factors including but not limited to, oceanography, biogeography and associated differences in species abundance and composition, as well as sport and commercial fishing pressure. All 33 permanent sites were established in areas that had or were historically known to have had kelp forests in the past. In 2014, 15 of the 33 sites monitored were characterized as developing kelp forest, kelp forest or mature kelp forest. In addition, three sites were in a state of transition. Two sites were part kelp forest and part dominated by Strongylocentrotus purpuratus...