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Статті в журналах з теми "Trans-border transactions"

1

Goddard, I. A. "ESSENCE AND LEGAL NATURE OF THE CROSS-BORDER CONSTRUCTION CONTRACT." Proceedings of the Southwest State University 22, no. 3 (June 28, 2018): 153–64. http://dx.doi.org/10.21869/2223-1560-2018-22-3-153-164.

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The article gives a thorough analysis of various means of regulation of trans-border private law issues, including trans-border construction activities, based on a contract. The author analyses the sources of law, applicable in the sphere of construction, their types and specific areas of application with regard to practice. Analysing the sources of international and national law, the author comes to the conclusion that it is necessary to take into account their specifics and development tendencies when drafting cross-border construction contracts. The author compares international and national sources of law, types of regulation at conventional and national levels and comes to the conclusion that the conventional and national sources of law are closely interconnected. Private international law; standard form contracts; construction contract; lex mercatoria; construction activity regulation, international convention, conventional regulation, conflict of laws, foreign trade transactions, standard contracts; contract, building contract; lex mercatoria; regulation of construction activities.
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O'Sullivan, Carmel, and Judith McNamara. "Creating a global law graduate: The need, benefits and practical approaches to internationalise the curriculum." Journal of Learning Design 8, no. 2 (August 3, 2015): 53. http://dx.doi.org/10.5204/jld.v8i2.242.

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<p class="JLDAbstract">The increasingly integrated world has facilitated important international and trans-border trends, such as a progressively connected global economy, a significant growth in transnational business transactions and an increase in global regulation of global issues. Such globalisation has had a transformational impact on the legal profession in a number of ways. These include the need to provide advice on issues or transactions that have a transnational or international element; the increasing globalisation of large law firms; and the delivery of offshore services by legal service providers. This means that not only do law graduates need to be prepared to practice in an increasingly globalised economy and legal profession, there will also be new career opportunities available to them which require understanding of international law, for example in emerging international institutions and non-government organisations. Accordingly there is a need to ensure that law students develop the knowledge and skills they will require to succeed in a globalised legal profession. That is, there is a need to internationalise the law curriculum. This paper provides an insight into the recent progression of law schools in internationalising the law curriculum and provides practical avenues and strategies for the increased integration of international law, foreign law and a comparative perspective into core subjects which will develop the graduates’ knowledge and skills in international and foreign law, in order to enhance their ability to succeed as legal professionals in a globalised world.</p>
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Marszałek, Marcin. "Legal and institutional aspects of public forms of electricity or gas fuel trading in Poland versus the conditions in the common energy market." International Journal of Management and Economics 55, no. 2 (November 6, 2019): 148–59. http://dx.doi.org/10.2478/ijme-2019-0011.

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Abstract This study aims at presenting the legally, technically, and economically empowered suggestion for a clear definition of a competitive market of gas fuels and electricity of a Member State in order to be utilized within trans-border trade of these utilities, as required by the European Union (EU) legislation. Thus, this study addresses, first of all, the issue of the division of the national gas fuel and electricity market into sections and separating these market segments that are more susceptible to the existence of competition in the trans-border dimension. This division is a model that reflects every internal market that is self-sufficient and distinguished in technical terms which has been established and is functioning within one or more Member States. The suggested structural, subject-related division of the market into sections, a competitive one (with its segments), a balancing one, and a technical one, makes it possible to determine which fragments of the market prevail over merely the technical security of ensuring continuity and quality of electricity supplies at the national level. Public forms of electricity and gas fuel trading take first place. Thus, second, the issues of legal and business conditions for operation in the energy section of the commodity exchange, regulated market, or open tenders for purchase of energy and interdependence between public forms of electricity or fuel gas trading and standards in the common electricity market have become the subject of this study. The advantage of a commodity exchange that establishes transparent conditions for public trading transactions involving these goods and provides pricing information for actors in the market cannot be overestimated. A commodity exchange enhances competition and is instrumental in the reduction of prices for ultimate clients. The completed analysis aims at reviewing public forms of trading as the instruments for achievement of the objectives of the national energy law and a component for a common energy market in the perspective of development of trans-border transmission capabilities. Legal multi-centricity and multi-aspectual nature of the addressed issues form a structure of relations that has affected the selection of the research methodology. Three research methods were adopted as the main principles that, bearing in mind a different context in which they are used, are treated to be complementary. The first one is an interdisciplinary research analysis, taking account of the context of functioning in the EU law environment in the interpretation of the national law provisions and technical sciences (and thus, e.g., laws of physics, properties of energy, technical aspects of functioning of the power industry as a system of interdependent relations of installations and grids) and economic sciences (e.g., a concept of the market, competition, operation of the commodity exchange). References to technical or economic sciences allowed to maintain the clarity of the above considerations and render the addressed issues better in practice. The legal and dogmatic method is an indispensable supplement of the above method; in this method, the process of interpretation of legal regulations is based on the jurisprudence and case law which should be referred, in particular, to the national law; it is made complete by the analysis of the economic practice. The selection of the concept analysis method (a linguistic one) as the third method should be justified by the undertaken attempts to define in a precise manner the content and the scope of meaning of general, generic concepts making references, as a rule, to a broad spectrum of business operations, the application of which in the EU legislation is a feature of this legal order established on the basis of the elements of the continental (established, statute) law and flexible common law.
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4

Javed, Muhammad Tariq. "Modern Theories and Islamic Concept of Jihad Impacting Pakistan Security Dilemma." Malaysian Journal of Social Sciences and Humanities (MJSSH) 5, no. 9 (August 31, 2020): 76–89. http://dx.doi.org/10.47405/mjssh.v5i9.471.

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Pakistan National Security is directly related to a mix of Islamic precepts and the implications of contemporary real politics. Initially modern theories were a philosophical response to priesthood of the time hedging Christianity for their own predominance. With the advent of Islam the West applied the same antipathy to the faith of Islam and later it impacted Muslim states and Regions. The West however, circumvented religion as historical legacy representing Christianity. Pakistan being part of wider Muslim world is prone to historically prejudiced; direct and indirect threats based on Modern political theories. Modern theories are Euro-centric owing to their war prone regional history. Islamic Security concepts characterize trans-border implication. Modern political and security perspective are based on; personal experience of the people gone through wars and civil chaos whereas Islamic concept of just war is based on faith absolutes and Meta narratives1. Modern theories imply human nature as a pivot to craft response in anticipation of a predetermined threat to justify pre-emption. Modern theories have become the seed of modern state policies. Islam makes it obligatory to prepare and built power to first deter and retaliate only under tyranny, oppression and under the threat of expulsion and extermination. Pakistan military initiative are deemed inspired by Islamic concept of Jihad and have become cause of her Security Dilemma due to prejudiced Western view. Islam emphasis on mankind as one whole universal community called ‘Ummah’. The modern theories divide the world on National identifies and globalizes only trade and transactions. National Interest in modern theories is pivotal to the state policies. This marked difference is sometime purposely confused as a strategy to dub even a legitimate resistance or movement as Terrorism depending on National Interest expediency. The major cause of conflict is embedded in Islamic and modern political connotations of a just war. These polemical perspectives explain Pakistan Security Dilemma as part of the Muslim world and a need for negotiated understanding for peace and stability and interfaith harmony.
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5

Fritz, Melanie, Maurizio Canavari, Nicola Cantore, Jivka Deiters, and Erika Pignatti. "Commercio elettronico e fiducia: analisi preliminare del potenziale in filiere agro-alimentari internazionali." ECONOMIA AGRO-ALIMENTARE, no. 2 (October 2009): 63–83. http://dx.doi.org/10.3280/ecag2009-002004.

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- Business-to-business (B2B) e-commerce is an innovative use of information and communication technologies (ict) and refers to the exchange of goods and related information between companies supported by Internet-based tools such as electronic marketplaces (also called electronic trade platforms) or online shops. It provides opportunities for cost-efficiency in supply chain management processes and access to new markets. With regard to the food sector with its chain levels input - agriculture - industry - retail - consumer, B2B e-commerce would take place in the exchange of food products between all levels except retail to consumer (business-to-consumer ecommerce). B2B e-commerce demonstrated to be able to bring key advantages and potentials for European consumers and the European food sector, for instance easier traceability, cost-efficiency in supply chain management processes, better competitiveness, lower transaction costs, etc. In recent years, the availability of sophisticated B2B e-commerce technology improved tremendously and the applications became more powerful, flexible, and user-friendly. However, the "European e-Business Market Watch" initiative from the Directorate-General Enterprise and Industry from the European Commission showed that only large multinationals exploit the potentials of B2B e-commerce. smes instead, which create the largest share of turn over in the European food sector and therefore create jobs and welfare in Europe, are reluctant to take up existing B2B ecommerce technologies into their supply or selling operations. Trust issues were identified as one of the factors hindering adoption of this new technology among smes. In this paper, different food chain scenarios with their transaction processes and risks regarding food quality and food safety and related trust elements are analysed and differences in trust in several European food chains need to be considered within the context of the existing scientific literature. We identify food chains with trans- European cross-border exchange of food and international food chains in order to analyse the transaction processes and typical risks regarding food quality and food safety. The analysis focuses on trans-European cross-border and international food chains with their chain levels (e.g. production to wholesale trade, wholesale trade to industry, or wholesale trade to retail). In particular, it regards the food categories meat, grains, fresh vegetables, and fresh fruits and the particular risks regarding food quality and safety along the chains. The results are useful to identify relevant trust issues within the food supply chains, which can be addresses by innovative and trust building features of the B2B e-commerce tools.JEL Codes: M15, M16Key words: e-commerce, transaction risks, trust, trade stream analysis
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6

Sitinjak, Posman Krismanto, and Riva'atul Adaniah Wahab. "ANALYSIS OF DATA LOCALIZATION IN DIGITAL MARKET INTEGRATION IN SOUTH EAST ASIAN REGION." Masyarakat Telematika Dan Informasi : Jurnal Penelitian Teknologi Informasi dan Komunikasi 10, no. 1 (September 25, 2019): 41. http://dx.doi.org/10.17933/mti.v10i1.147.

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The development of information and communication technology (ICT) has influenced various human life sectors, including trade. On November, Association of South East Asian Nation (ASEAN) member countries signed a cooperation framework for digital market integration as manifestation of member willingness to facilitate cross border e-commerce transaction within region. One of its concerns is trade barrier originating from digital data protection schemes applied by ASEAN states particularly data localization policy. Using the descriptive qualitative approach through literature study, this research aims to 1) introduce existing status and rationales behind digital data localization law in ASEAN countries, 2) describe possible economic implication by allowing data exchange across borders among ASEAN countries, 3) propose mechanism to address cross border data transfer issues in the perspective of regional integration theory. Results show that localization law in ASEAN member states particularly in Indonesia, Malaysia, and Singapore have different attitude but same economic motives towards cross border data transfer. Besides having positive influence on economic performance, trans-border data transfer may result in capital concentration within business-friendly territory in the condition of development disparity and may harm the existing ICT business. Thus, ASEAN could jointly established commission to develop new single regulation framework. ASEAN countries also must develop more mature ICT infrastructure and business environment in order to support the implementation of existing law. In this conditions, the role of international relation in addressing data localization issues considering various political regimes within ASEAN is needed.
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7

Bozarslan, Hamit. "The Kurds and Middle Eastern “State of Violence”: the 1980s and 2010s." Kurdish Studies 2, no. 1 (May 15, 2014): 4–13. http://dx.doi.org/10.33182/ks.v2i1.376.

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Though a macro-level analysis this article examines the evolution of the Kurdish issue since the occupation of Iraq in 2003 and the Syrian crisis in 2011, underlining the necessity of a comparison between the current period and past situations, namely that of the 1980s. Kurdish actors participated from a rather weak position in the Middle-East wide conflicts during the 1980s; alliances with regional states that gave access to political and military resources ensured their durability, but a high price was paid for their transformation into subordinated players of a broader “state of violence”. Since 2011, the trans-border Kurdish space finds itself once again in the heart of a “system of transaction” based on violence, but Kurdish organisations face the new region-wide conflicts in a position of empowerment in Iraq, Syria and Turkey. Kurd û Rewşa Tund ya Rojhilata Navîn: 1980yan û 2010anEv gotar, bi rêka helsengeka asta-makro, vedikole li peresîna pirsgirêka Kurdî ji dema dagirbûna Iraqê di 2003yê da û qeyrana Sûriyeyê di 2011ê da û bi taybetî beldikişîne ser pêwistiya berhevdaneka di navbera serdema niha û rewşa borî, anku rewşa salên 80yan. Di salên 80yan da hêzên Kurd pitir ji pozisyoneka qels û lawaz beşdarî dijberî û aloziyên Rojhilata Navîn bûn; hevalbendiyên li gel dewletên li herêmê rê da bikaranîna çavkaniyên siyasî û leşkerî bo misogerkirina berdewamiya hêzên Kurd; lê van dewletan, bi hewldanên giranbuha, hişt ku kurd bimînin wekî aktorên bindest di nav rewşa tund ya herêmê da. Ji 2011ê ve, tevgera kurd ya dersînor careka din xwe di navenda pergaleka tund da dibine; lê vê carê rêkxistinên kurd yên li Iraq, Sûriye û Tirkiyeyê ji pozisyoneka bihêz rûberî vê dijberiya berfireh ya heremî ne. کورد و ''باری توندوتیژی''ی ڕۆژهەڵاتی ناوەڕاست: ١٩٨٠کان و ٢٠١٠یەکانحئەگەرچی ئەم گوتارە شیکردنەوەیە لە پلەیەکی باڵادا، لە گەشەکردنی پرسی کورد ورد دەبێتەوە لە داگیرکردنی عیراقەوە ساڵی ٢٠٠٣ و لە قەیرانی سووریاوە ساڵی ٢٠١١، ئەوەیش جەخت دەکات کە پێویستە بەراورد بکرێت لەنێوان قۆناغی ئێستا و و هەلومەرجی ڕابوردوودا، واتە هەلومەرجی ١٩٨٠کان. نەخشگێڕانی کورد لە هەڵوێستێکی تا ڕادەیەک لاوازەوە بەشدارییان لە ناکۆکییە فراوانەکانی ڕۆژهەڵاتی ناوەڕاستی ١٩٨٠کاندا کرد؛ هاوپەیمانیکردن لەگەڵ دەوڵەتانی ناوچەییدا کە دەبووە هۆی دەستکەوتنی سەرچاوەی سیاسی و عەسکەری، مانەوەیانی دابین دەکرد، بەڵام دەبوو نرخێکی زۆریش بدەن بۆ ئەوەی ببنە یاریکەری لاوەکی لە ''باری توندوتیژی''یەکی بەربڵاودا. لە ساڵی ٢٠١١ بە دواوە، ڕووپێوی کوردیی ئەمدیو و ئەودیوی سنوورەکان جارێکی دیکە خۆی لە ناوجەرگەی ''سیستەمێکی بدە و بستێنە''دا دەبینێتەوە کە لەسەر توندوتیژی هەڵچنراوە، بەڵام ڕێکخراوە کوردییەکان کە ڕووبەڕووی ناکۆکییە بەربڵاوەکانی ناوچەکە دەبنەوە، لە پلەیەکی توانستدان لە عیراق، سووریا و تورکیا.
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Teggin, Edward Owen. "Space and Anxiety in the Colonial Novel: The Concepts of Sanctuary and Confinement in Burmese Days, Max Havelaar, Kim and Midnight’s Children." Scientia - The International Journal on the Liberal Arts 11, no. 1 (March 31, 2022). http://dx.doi.org/10.57106/scientia.v11i1.7.

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This article examined the notion of colonial anxiety through the concept of space in the colonial setting, particularly through the usage of signifiers found in colonial literature. The four case studies used are Burmese Days by George Orwell, Max Havelaar by Multatuli, Kim by Rudyard Kipling, and Midnight’s Children by Salman Rushdie. These have been investigated in terms of the supposed sanctuary and feeling of unease that the private colonial spaces they present offer to their characters. In this way, it has been argued that private colonial spaces can be discussed in terms of both positive and negative signifiers for those using them. Highlighting the effect of colonial anxiety, this piece is primarily interested in the negative connotations and how the characters deal with these challenges. The emphasis on space focuses on individual locations and structures and how they impacted those inhabiting them, aiming to flag active signifiers of anxiety in terms of space, which connect to the wider debate into colonial anxiety at the literary level. References Author, (2021). Bijl, Paul, Emerging Memory: Photographs of Colonial Atrocity in Dutch Cultural Remembrance. Amsterdam: Amsterdam University Press, 2015. Blunt, Alison. “Imperial Geographies of Home: British Domesticity in India, 1886-1925”, Transactions of the Institute of British Geographers, 24(4), (1999). 421-440. Bosma, Ulbe, “The Cultivation System (1830-1870) and its Private Entrepreneurs on Colonial Java’, Journal of Southeast Asian Studies”, 38(2), (Jun., 2007). 275-291. Claiborne Park, Clara. “Artist of Empire: Kipling and Kim”, The Hudson Review, 55(4), (Winter, 2003). 537-561. Dawson, Jennifer. “Reading the Rocks, Flora and Fauna: Representations of India in Kim, A Passage to India and Burmese Days.” Journal of South Asian Literature, 28(1/2), Miscellany, (Spring / Fall, 1993). 1-12. Dayal, Samir. “Talking Dirty: Salman Rushdie’s Midnight’s Children”, College English, 54(4), (Apr., 1992). 431-445. Didicher, Nicole E. “Adolescence, Imperialism, and Identity in “Kim” and “Pegasus in Flight”, Mosaic: An Interdisciplinary Critical Journal, 34(2), A Special Issue: Children’s Literature, (June, 2001). 149-164. Fanon, Frantz. Black Skin, White Masks, Richard Philcox (ed). London: Penguin Books, 2021. Feenberg, Anne-Marie. “Max Havelaar: An Anti-Imperialist Novel”, MLN, 112(5), Comparative Literature Issue, (Dec., 1997). 817-835. Fraser, John. “The Role of La Martiniere College in the Siege of Lucknow”, Journal of the Society for Army Historical Research, 65(261), (Spring, 1987). 5-19. Freud, Sigmund. Inhibitions, Symptoms and Anxiety, Strachey, Alix (trans), Martino Publishing, (Eastford, CT, 2013). Glover, William J. “Constructing Urban Space as ‘Public’ in Colonial India: Some Notes from the Punjab”, Journal of Punjab Studies, 14(2), (Fall 2007). 211-224. Gopinath, Praseeda, ‘An Orphaned Manliness: The Pukka Sahib and the End of Empire in “A Passage to India” and “Burmese Days.” Studies in the Novel, 41(2), (Summer, 2009). 201-223. Guha, Ranajit. “Not at Home in Empire.” Critical Inquiry, 23(3), Front Lines / Border Posts, (Spring, 1997). 482-493. Hogan, Patrick Colm. “Midnight’s Children: Kashmir and the Politics of Identity.” Twentieth Century Literature, 47(4), Salman Rushdie, (Winter, 2001). 510-544. Johnson, Jamie W. “The Changing Representation of the Art Public in “Punch”, 1841-1896.” Victorian Periodicals Review, 35(3), (2002). 272-294. Johnson, Robert. “What was the Significance of Gender to British Imperialism.” in Robert Johnson, British Imperialism, Palgrave MacMillan (Basingstoke, 2003). 122-131. Kahane, Reuven. “Multicode Organizations: A Conceptual Framework for the Analysis of Boarding Schools.” Sociology of Education¸61(4), (Oct., 1988). 211-226. Kane, Jean M. and Salman Rushdie. “The Migrant Intellectual and the Body of History: Salman Rushdie’s Midnight’s Children.” Contemporary Literature, 37(1), (Spring, 1996). 94-118. Karamcheti, Indira. “Salman Rushdie’s “Midnight’s Children” and an Alternate Genesis.” Pacific Coast Philology, 21(1/2), (Nov., 1986). 81-84. Kets-Vree, Annemarie. “Dutch Scholarly Editing: The Historical-Critical Edition in Practice.” Text, 13, (2000). 131-149. Kipling, Rudyard, Kim. London: The Folio Society, 2016. Lee, Robert A. “Symbol and Structure in Burmese Days: A Revaluation.” Texas Studies in Literature and Language, 11(1), (Spring, 1969). 819-835. Liddle, Joanna and Rama Joshi. “Gender and Imperialism in British India.” Economic and Political Weekly, 20(43), (Oct. 26, 1985). 72-78. Lubina, Michal. “Overshadowed by Kala.” Politeja, 40, Modern South Asia: A Space of Intercultural Dialogue, (2016). 435-454. Multatuli, Max Havelaar, or The Coffee Auctions of the Dutch Trading Company, Nahuÿs, Alphonse (trans). Edinburgh: Edmonston & Douglas, 1868. O’Reilly, Michael F. “Postcolonial Haunting: Anxiety, Affect, and the Situated Encounter.” Postcolonial Text, 3(4), (2007). 1-15. Orwell, George, Burmese Days. London: Penguin Books, 2009. Parry, Ann. “Recovering the Connection Between Kim and Contemporary History,” in Kim: A Norton Critical Edition, Rudyard Kipling (Author), Zohreh T. Sullivan (ed), Norton, (New York, 2002). Patel, Vikram, Mutambirwa, Jane and Nhiwatiwa, Sekai. “Stressed, Depressed, or Bewitched? A Perspective on Mental Health, Culture, and Religion.” Development in Practice, 5(3), (Aug., 1995), 216-224. Rege, Josna E. “Victim into Protagonist? “Midnight’s Children” and the Post-Rushdie National Narratives of the Eighties.” Studies in the Novel, 29(3), Postcolonialism, History, and the Novel, (Fall, 1997). 342-375. Riedi, Eliza. “Women, Gender, and the Promotion of Empire: The Victoria League, 1901- 1914.” The Historical Journal, 45(3), (Sept., 2002). 569-599. Rushdie, Salman, Midnight’s Children. London: Vintage Books, 2006. Scott, Nick. “The Representation of the Orient in Rudyard Kipling’s “Kim”’, AAA: Arebeiten aus Anglistik und Amerikanistik, 39(2), (2014). 175-184. Sharma, Jyoti Pandey. “Sociability in Eighteenth-Century Colonial India: The Nabob, the Nabobian Kothi, and the Pursuit of Leisure.” Traditional Dwellings and Settlements Review, 31(1), (Fall 2019). 7-24. Targosz, Tobiasz (Author) and Zuzanna Slawik (Trans). “Burmese Culture Suring the Colonial Period in the Years 1885-1931: The World of Burmese Values in Reaction to the Inclusion of Colonialism.” Politeja, 44, Jagiellonian Cultural Studies Human Values in Intercultural Space (2016). 277-300. Upstone, Sara. “Domesticity in Magical-Realist Postcolonial Fiction: Reversals of Representation in Salman Rushdie’s “Midnight’s Children”.” Frontiers: A Journal of Women Studies, 28(1/2), Domestic Frontiers: The Home and Colonization (2007). 260-284. Vann, Don J., Van Arsdel and Rosemary T. “Outposts of Empire.” in Periodicals of Queen Victoria’s Empire: An Exploration, J. Don Vann & Rosemary T. Van Arsdel (eds), University of Toronto Press, (Toronto, 1996). 301-332. Ward, Megan. “A Charm in Those Fingers: Patterns, Taste, and the Englishwoman’s Domestic Magazine.” Victorian Periodicals Review, 41(3), (Fall, 2008). 248-269. Wilson, Jon E. The Domination of Strangers: Modern Governance in Easter India, 1780-1835, Basingstoke: Palgrave MacMillan, 2010. Zook, Darren C. “Searching for Max Havelaar: Multatuli, Colonial History, and the Confusion of Empire.” MLN, 121(5), Comparative Literature Issue, (Dec., 2006). 1169-1189.
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Gill, Nicholas. "Longing for Stillness: The Forced Movement of Asylum Seekers." M/C Journal 12, no. 1 (March 4, 2009). http://dx.doi.org/10.5204/mcj.123.

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IntroductionBritish initiatives to manage both the number of arrivals of asylum seekers and the experiences of those who arrive have burgeoned in recent years. The budget dedicated to asylum seeker management increased from £357 million in 1998-1999 to £1.71 billion in 2004-2005, making the Immigration and Nationality Directorate (IND) the second largest concern of the Home Office behind the Prison Service in 2005 (Back et al). The IND was replaced in April 2007 by the Border and Immigration Agency (BIA), whose expenditure exceeded £2 billion in 2007-2008 (BIA). Perhaps as a consequence the number of asylum seekers applying to the UK has fallen dramatically, illustrating the continuing influence of exclusionary state policies despite the globalisation and transnationalisation of migrant flows (UNHCR; Koser).One of the difficulties with the study of asylum seekers is the persistent risk that, by employing the term ‘asylum seeker’, research conducted into their experiences will contribute towards the exclusion of a marginalised and abject group of people, precisely by employing a term that emphasises the suspended recognition of a community (Nyers). The ‘asylum seeker’ is a figure defined in law in order to facilitate government-level avoidance of humanitarian obligations by emphasising the non-refugeeness of asylum claimants (Tyler). This group is identified as supplicant to the state, positioning the state itself as a legitimate arbiter. It is in this sense that asylum seekers suffer a degree of cruel optimism (Berlant) – wishing to be recognised as a refugee while nevertheless subject to state-defined discourses, whatever the outcome. The term ‘forced migrant’ is little better, conveying a de-humanising and disabling lack of agency (Turton), while the terms ‘undocumented migrant’, ‘irregular migrant’ and ‘illegal migrant’ all imply a failure to conform to respectable, desirable and legitimate forms of migration.Another consequence of these co-opted and politically subjugating forms of language is their production of simple imagined geographies of migration that position the foreigner as strange, unfamiliar and incapable of communication across this divide. Such imaginings precipitate their own responses, most clearly expressed in the blunt, intrusive uses of space and time in migration governance (Lahav and Guiraudon; Cohen; Guild; Gronendijk). Various institutions exist in Britain that function to actually produce the imagined differences between migrants and citizens, from the two huge, airport-like ‘Asylum Screening Units’ in Liverpool and London where asylum seekers can lodge their claims, to the 12 ‘Removal Centres’ within which soon-to-be deported asylum seekers are incarcerated and the 17 ‘Hearing Centres’ at which British judges preside over the precise legal status of asylum applicants.Less attention, however, has been given to the tension between mobility and stillness in asylum contexts. Asylum seeker management is characterised by a complex combination of enforced stillness and enforced mobility of asylum seeking bodies, and resistance can also be understood in these terms. This research draws upon 37 interviews with asylum seekers, asylum activists, and government employees in the UK conducted between 2005 and 2007 (see Gill) and distils three characteristics of stillness. First, an association between stillness and safety is clearly evident, exacerbated by the fear that the state may force asylum seekers to move at any time. Second, stillness of asylum seekers in a physical, literal sense is intimately related to their psychological condition, underscoring the affectual properties of stillness. Third, the desire to be still, and to be safe, precipitates various political strategies that seek to secure stillness, meaning that stillness functions as more than an aspiration, becoming also a key political metric in the struggle between the included and excluded. In these multiple and contradictory ways stillness is a key factor that structures asylum seekers’ experiences of migration. Governing through Mobility The British state utilises both stillness and mobility in the governance of asylum seeking bodies. On the one hand, asylum seekers’ personal freedoms are routinely curtailed both through their incarceration and through the requirements imposed upon them by the state in terms of ‘signing in’ at local police stations, even when they are not incarcerated, throughout the time that they are awaiting a decision on their claim for asylum (Cwerner). This requirement, which consists of attending a police station to confirm the continuing compliance of the asylum seeker, can vary in frequency, from once every month to once every few days.On the other hand, the British state employs a range of strategies of mobility that serve to deprive asylum seeking communities of geographical stillness and, consequently, also often undermines their psychological stability. First, the seizure of asylum seekers and transportation to a Removal Centre can be sudden and traumatic, and incarceration in this manner is becoming increasingly common (Bacon; Home Office). In extreme cases, very little or no warning is given to asylum seekers who are taken into detention, and so-called ‘dawn raids’ have been organised in order to exploit an element of surprise in the introduction of asylum seekers to detention (Burnett). A second source of forced mobility associated with Removal Centres is the transfer of detainees from one Removal Centre to another for a variety of reasons, from the practical constraints imposed by the capacities of various centres, to differences in the conditions of centres themselves, which are used to form a reward and sanction mechanism among the detainee population (Hayter; Granville-Chapman). Intra-detention estate transfers have increased in scope and significance in recent years: in 2004/5, the most recent financial year for which figures are available, the British government spent over £6.5 million simply moving detainees from one secure facility to another within the UK (Hansard, 2005; 2006).Outside incarceration, a third source of spatial disruption of asylum seekers in the UK concerns their relationship with accommodation providers. Housing is provided to asylum seekers as they await a decision on their claim, but this housing is provided on a ‘no-choice’ basis, meaning that asylum seekers who are not prepared to travel to the accommodation that is allocated to them will forfeit their right to accommodation (Schuster). In other words, accommodation is contingent upon asylum seekers’ willingness to be mobile, producing a direct trade-off between the attractions of accommodation and stillness. The rationale for this “dispersal policy”, is to draw asylum seekers away from London, where the majority of asylum seekers chose to reside before 2000. The maintenance of a diverse portfolio of housing across the UK is resource intensive, with the re-negotiation of housing contracts worth over a £1 billion a constant concern (Noble et al). As these contracts are renegotiated, asylum seekers are expected to move in response to the varying affordability of housing around the country. In parallel to the system of deportee movements within the detention estate therefore, a comparable system of movement of asylum seekers around the UK in response to urban and regional housing market conditions also operates. Stillness as SanctuaryIn all three cases, the psychological stress that movement of asylum seekers can cause is significant. Within detention, according to a series of government reports into the conditions of removal centres, one of the recurring difficulties facing incarcerated asylum seekers is incomprehension of their legal status (e.g. HMIP 2002; 2008). This, coupled with very short warning of impending movements, results in widespread anxiety among detained asylum seekers that they may be deported or transferred imminently. Outside detention, the fear of snatch squads of police officers, or alternatively the fear of hate crimes against asylum seekers (Tyler), render movement in the public realm a dangerous practice in the eyes of many marginalised migrants. The degree of uncertainty and the mental and emotional demands of relocation introduced through forced mobility can have a damaging psychological effect upon an already vulnerable population. Expressing his frustration at this particular implication of the movement of detainees, one activist who had provided sanctuary to over 20 asylum seekers in his community outlined some of the consequences of onward movement.The number of times I’ve had to write panic letters saying you know you cannot move this person to the other end of the country because it destabilises them in terms of their mental health and it is abusive. […] Their solicitors are here, they’re in process, in legal process, they’ve got a community, they’ve got friends, they may even have a partner or a child here and they would still move them.The association between governance, mobility and trepidation highlights one characteristic of stillness in the asylum seeking field: in contra-distinction to the risk associated with movement, to be still is very often to be safe. Given the necessity to flee violence in origin countries and the tendency for destination country governments to require constant re-positioning, often backed-up with the threat of force, stillness comes to be viewed as offering a sort of sanctuary. Indeed, the Independent Asylum Commission charity that has conducted a series of reviews of asylum seekers’ treatment in the UK (Hobson et al.), has recently suggested dispensing with the term ‘asylum’ in favour of ‘sanctuary’ precisely because of the positive associations with security and stability that the latter provides. To be in one place for a sustained period allows networks of human trust and reciprocity to develop which can form the basis of supportive community relationships. Another activist who had accompanied many asylum seekers through the legal process spoke passionately about the functions that communities can serve in asylum seekers’ lives.So you actually become substitute family […] I think it’s what helps people in the midst of trauma when the future is uncertain […] to find a community which values them, which accepts them, which listens to them, where they can begin to find a place and touch a creative life again which they may not have had for years: it’s enormously important.There is a danger in romanticising the benefits of community (Joseph). Indeed, much of the racism and xenophobia directed towards asylum seekers has been the result of local community hostilities towards different national and ethnic groups (Boswell). For many asylum seekers, however, the reciprocal relations found in communities are crucially important to their well-being. What is more, the inclusion of asylum seekers into communities is one of the most effective anti-state and anti-deportation strategies available to activists and asylum seekers alike (Tyler), because it arrests the process of anonymising and cordoning asylum seekers as an homogenous group, providing instead a chance for individuals to cast off this label in favour of more ‘humane’ characteristics: families, learning, friendship, love.Strategies for StillnessFor this reason, the pursuit of stillness among asylum seekers is both a human and political response to their situations – stillness becomes a metric in the struggle between abject migrants and the state. Crucial to this political function is the complex relationship between stillness and social visibility: if an asylum seeker can command their own stillness then they can also have greater influence over their public profile, either in order to develop it or to become less conspicuous.Tyler argues that asylum seekers are what she calls a ‘hypervisible’ social group, referring to the high profile association between a fictional, dehumanised asylum seeking figure and a range of defamatory characteristics circulated by the popular printed press. Stillness can be used to strategically reduce this imposed form of hypervisibility, and to raise awareness of real asylum seeker stories and situations. This is achieved by building community coalitions, which require physically and socially settled asylum seeking families and communities. Asylum advocacy groups and local community support networks work together in the UK in order to generate a genuine public profile of asylum seekers by utilising local and national newspapers, staging public demonstrations, delivering speeches, attending rallies and garnering support among local organisations through art exhibitions, performances and debates. Some activist networks specialise explicitly in supporting asylum seekers in these endeavours, and sympathetic networks of journalists, lawyers, doctors and radio producers combine their expertise with varying degrees of success.These sorts of strategies can produce strong loyalties between local communities and the asylum seekers in their midst, precisely because, through their co-presence, asylum seekers cease to be merely asylum seekers, but become active and valued members of communities. One activist who had helped to organise the protection of an asylum seeker in a church described some of the preparations that had been made for the arrival of immigration task forces in her middle class parish.There were all sorts of things we practiced: if they did break through the door what would we do? We set up a telephone tree so that each person would phone two or three people. We had I don’t know how many cars outside. We arranged a safe house, where we would hide her. We practiced getting her out of the room into a car […] We were expecting them to come at any time. We always had people at the back […] guarding, looking at strangers who might be around and [name] was never, ever allowed to be on her own without a whole group of people completely surrounding her so she could feel safe and we would feel safe. Securing stillness here becomes more than simply an operation to secure geographic fixity: it is a symbolic struggle between state and community, crystallising in specific tactics of spatial and temporal arrangement. It reflects the fear of further forced movement, the abiding association between stillness and safety, and the complex relationship between community visibility and an ability to remain still.There are, nevertheless, drawbacks to these tactics that suggest a very different relationship between stillness and visibility. Juries can be alienated by loud tactics of activism, meaning that asylum seekers can damage their chances of a sympathetic legal hearing if they have had too high a profile. Furthermore, many asylum seekers do not have the benefits of such a dedicated community. An alternative way in which stillness becomes political is through its ability to render invisible the abject body. Invisibility is taken to mean the decision to ‘go underground’, miss the appointments at local police stations and attempt to anticipate the movements of immigration removal enforcement teams. Perversely, although this is a strategy for stillness at the national or regional scale, mobile strategies are often employed at finer scales in order to achieve this objective. Asylum seekers sometimes endure extremely precarious and difficult conditions of housing and subsistence moving from house to house regularly or sleeping and living in cars in order to avoid detection by authorities.This strategy is difficult because it involves a high degree of uncertainty, stress and reliance upon the goodwill of others. One police officer outlined the situation facing many ‘invisible’ asylum seekers as one of poverty and desperation:Immigration haven’t got a clue where they are, they just can’t find them because they’re sofa surfing, that’s living in peoples coffee shops … I see them in the coffee shop and they come up and they’re bloody starving! Despite the difficulties associated with this form of invisibility, it is estimated that this strategy is becoming increasingly common in the UK. In 2006 the Red Cross estimated that there were some 36 000 refused and destitute asylum seekers in England, up from 25 000 the previous year, and reported that their organisation was having to provide induction tours of soup kitchens and night shelters in order to alleviate the conditions of many claimants in these situations (Taylor and Muir). Conclusion The case of asylum seekers in the UK illustrates the multiple, contradictory and splintered character of stillness. While some forms of governance impose stillness upon asylum seeking bodies, in the form of incarceration and ‘signing in’ requirements, other forms of governance impose mobility either within detention or outside it. Consequently stillness figures in the responses of asylum seeking communities in various ways. Given the unwelcome within-country movement of asylum seekers, and adding to this the initial fact of their forced migration from their home countries, the condition of stillness becomes desirable, promising to bring with it stability and safety. These promises contrast the psychological disruption that further mobility, and even the threat of further mobility, can bring about. This illustrates the affectual qualities both of movement and of stillness in the asylum-seeking context. Literal stillness is associated with social and emotional stability that complicates the distinction between real and emotional spaces. While this is certainly not the case uniformly – incarceration and inhibited personal liberties have opposite consequences – the promises of stillness in terms of stability and sanctuary are clearly significant because this desirability leads asylum advocates and asylum seekers to execute a range of political strategies that seek to ensure stillness, either through enhanced or reduced forms of social visibility.The association of mobility with freedom that typifies much of the literature surrounding mobility needs closer inspection. At least in some situations, asylum seekers pursue geographical stillness for the political and psychological benefits it can offer, while mobility is both employed as a subjugating strategy by states and is itself actively resisted by those who constitute its targets.ReferencesBack, Les, Bernadette Farrell and Erin Vandermaas. A Humane Service for Global Citizens. London: South London Citizens, 2005.Bacon, Christine. The Evolution of Immigration Detention in the UK: The Involvement of Private Prison Companies. Oxford: Refugee Studies Centre, 2005.Berlant, Lauren. “Cruel Optimism.” differences : A Journal of Feminist Cultural Studies 17.3 (2006): 20—36.Border and Immigration Agency. Business Plan for Transition Year April 2007 – March 2008: Fair, Effective, Transparent and Trusted. London: Home Office, 2007.Boswell, Christina. “Burden-Sharing in the European Union: Lessons from the German and UK Experience.” Journal of Refugee Studies 16.3 (2003): 316—35.Burnett, Jon. Dawn Raids. PAFRAS Briefing Paper Number 4. Leeds: Positive Action for Refugees and Asylum Seekers, 2008. ‹http://www.statewatch.org/news/2008/apr/uk-patras-briefing-paper-4-%2Ddawn-raids.pdf›.Cohen, Steve. “The Local State of Immigration Controls.” Critical Social Policy 22 (2002): 518—43.Cwerner, Saulo. “Faster, Faster and Faster: The Time Politics of Asylum in the UK.” Time and Society 13 (2004): 71—88.Gill, Nick. "Presentational State Power: Temporal and Spatial Influences over Asylum Sector." Transactions of the Institute of British Geographers, 2009 (forthcoming).Granville-Chapman, Charlotte, Ellie Smith, and Neil Moloney. Harm on Removal: Excessive Force Against Failed Asylum Seekers. London: Medical Foundation for the Care of Victims of Torture, 2004.Groenendijk, Kees. “New Borders behind Old Ones: Post-Schengen Controls behind the Internal Borders and inside the Netherlands and Germany”. In Search of Europe's Borders. Eds. Kees Groenendijk, Elspeth Guild and Paul Minderhoud. The Hague: Kluwer International Law, 2003. 131—46.Guild, Elspeth. “The Europeanisation of Europe's Asylum Policy.” International Journal of Refugee Law 18 (2006): 630—51.Guiraudon, Virginie. “Before the EU Border: Remote Control of the 'Huddled Masses'.” In Search of Europe's Borders. Eds. Kees Groenendijk, Elspeth Guild and Paul Minderhoud. The Hague: Kluwer International Law, 2003. 191—214.Hansard, House of Commons. Vol. 440 Col. 972W. 5 Dec. 2005. 6 Mar. 2009 ‹http://www.publications.parliament.uk/pa/cm200506/cmhansrd/vo051205/text/51205w18.htm›.———. Vol. 441 Col. 374W. 9 Jan. 2006. 6 Mar. 2009 ‹http://www.publications.parliament.uk/pa/cm200506/cmhansrd/vo060109/text/60109w95.htm›.Hayter, Theresa. Open Borders: The Case against Immigration Controls. London: Pluto P, 2000.HM Inspectorate of Prisons. An Inspection of Campsfield House Immigration Removal Centre. London: HM Inspectorate of Prisons, 2002.———. Report on an Unannounced Full Follow-up Inspection of Campsfield House Immigration Removal Centre. London: HM Inspectorate of Prisons, 2008. Hobson, Chris, Jonathan Cox, and Nicholas Sagovsky. Saving Sanctuary: The Independent Asylum Commission’s First Report of Conclusions and Recommendations. London: Independent Asylum Commission, 2008.Home Office. “Record High on Removals of Failed Asylum Seekers.” Press Office Release, 27 Feb. 2007. London: Home Office, 2007. 6 Mar. 2009 ‹http://press.homeoffice.gov.uk/press-releases/asylum-removals-figures›. Joseph, Miranda. Against the Romance of Community. Minnesota: U of Minnesota P, 2002.Koser, Khalid. “Refugees, Trans-Nationalism and the State.” Journal of Ethnic and Migration Studies 33 (2007): 233—54.Lahav, Gallya, and Virginie Guiraudon. “Comparative Perspectives on Border Control: Away from the Border and outside the State”. Wall around the West: State Borders and Immigration Controls in North America and Europe. Eds. Gallya Lahav and Virginie Guiraudon. The Lanham: Rowman and Littlefield, 2000. 55—77.Noble, Gill, Alan Barnish, Ernie Finch, and Digby Griffith. A Review of the Operation of the National Asylum Support Service. London: Home Office, 2004. Nyers, Peter. "Abject Cosmopolitanism: The Politics of Protection in the Anti-Deportation Movement." Third World Quarterly 24.6 (2003): 1069—93.Schuster, Lisa. "A Sledgehammer to Crack a Nut: Deportation, Detention and Dispersal in Europe." Social Policy & Administration 39.6 (2005): 606—21.Taylor, Diane, and Hugh Muir. “Red Cross Aids Failed Asylum Seekers” UK News. The Guardian 9 Jan. 2006. 6 Mar. 2009 ‹http://www.guardian.co.uk/news/2006/jan/09/immigrationasylumandrefugees.uknews›.Turton, David. Conceptualising Forced Migration. University of Oxford Refugee Studies Centre Working Paper 12 (2003). 6 Mar. 2009 ‹http://www.rsc.ox.ac.uk/PDFs/workingpaper12.pdf›.Tyler, Imogen. “'Welcome to Britain': The Cultural Politics of Asylum.” European Journal of Cultural Studies 9.2 (2006): 185—202.United Nations High Commission for Refugees. Refugees by Numbers 2006 Edition. Geneva: UNHCR, 2006.
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Дисертації з теми "Trans-border transactions"

1

Du, Pont Michael. "Foreign direct investment in transitional economies : a case study of China and Poland." Phd thesis, 1998. http://hdl.handle.net/1885/13340.

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Profound changes are taking place in the nature of international business, both in terms of the drivers of trans-border transactions and the strategic orientation of the firms that engage in these transactions. While the dynamic forces of and regionalisation, acting in a dialectical manner, form the umbrella under which international business activities take place, it has been the impact of technological change that has enabled firms to act both globally and locally. Companies are searching for partners all over the globe, even to the point of collaborating with current or former competitors. New MNCs from Newly Industrialised Countries (NIEs) have recently emerged with new forms of investment and motivation, demonstrating that FDI can no longer be analysed in the classical manner as a flow of extra capital into a country where all else is held constant, with the static effects evaluated according to the tenets of orthodox marginal productivity analysis. Nor is it any longer a simple hierarchical process from capital rich to capital poor countries. There is growing concern that traditional theories of investment have largely been ineffective in explaining recent trends of flows of FDI, especially in the context of recent changes in the transitional once-socialist economies. There especially has been a need to identify the causes of recent changes in inflow of FDI to post-communist countries. This thesis presents a detailed investigation into the recent changes in the patterns and determinants in inflows of FDI to transitional economies in the light of FDI experiences in the economies of China and Poland. China and Poland provide ideal subjects for a case study since both have attracted quite sizeable amounts of FDI, once their reform programs had been introduced, despite both countries adopting quite different approaches on the road of transition to a market economy. It is found that patterns and determinants of FDI in a given country depends crucially on the degree of industrial advancement and the stage of entrepreneurial development of the country, changes in the process of internalisation of production, geography of the country and the nature and timing of policy shifts. There is a significant diversification of FDI in terms of the total number of source countries'. In both countries there are differences between developed- and developing- country firms in terms of the size, strategy and form of their investments. The most common form of investment in both countries initially was joint ventures with increasing shareholding by foreign partners, but recently the wholly foreign-owned interprises are becoming the main driving force of investment. Foreign firms indicate a much higher intensity for exports than local firms. As for the economic effects, FDI in China has so far been heavily concentrated in product lines characterised by high import intensity, limited backward linkages and limited diffusion of technology. In Poland FDI has been concentrated in mix product line characterised by some import intensity and by export orientation, stronger backward linkages and increasing diffusion of technology. These characteristics need not, however, to be treated as intrinsic features of FDI in these countries. Rather, they are mostly a reflection of the early stage of FDI participation and the nature of prevailing investment climate. Moreover, despite the shallowness of new product lines, their development impact in terms of employment generation and knowledge spill over effects appears to be considerable
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Частини книг з теми "Trans-border transactions"

1

O'Neill, Kelly. "Rethinking Integration and Imperial Space." In Claiming Crimea. Yale University Press, 2017. http://dx.doi.org/10.12987/yale/9780300218299.003.0007.

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This concluding chapter argues that the empire-building process cannot be understood apart from its spatial context. On one hand, the exercise and experience of authority were shaped in important ways by the built and natural environments. Russian officials paid an inordinate amount of attention to sites and attempted to infuse many of them with particular symbolic significance. In another sense, the cultural and economic connections that integrated Crimeans into non-Russian, and usually trans-imperial, spaces were themselves valuable to the empire-building process. Commercial networks, family estates, and pilgrimage routes continually took Crimeans across the border of the empire. Cross-border transactions then provided the empire with channels for expanding its own sphere of influence.
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