Journal articles: 'De facto state'

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Raisman, Neal A. "The de facto state of general education." New Directions for Community Colleges 1993, no. 81 (1993): 13–20. http://dx.doi.org/10.1002/cc.36819938104.

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Kosienkowski, Marcin. "The Gagauz Republic: An Autonomism-Driven De Facto State." Soviet and Post-Soviet Review 44, no. 3 (September 7, 2017): 292–313. http://dx.doi.org/10.1163/18763324-20171233.

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The post-Soviet area is a home for a several de facto states, which are entities that resemble “normal” states but lack international recognition. This paper examines a historical case study of the Gagauz Republic (Gagauzia), a de facto state that existed on the territory of Soviet and then independent Moldova between 1990 and 1995. Whilst the prevailing view in the literature on de facto states is that these entities strive for internationally recognised independence, this study draws on a new suite of sources (including interviews, memoirs and journalism) to argue that the Gagauz Republic’s leaders did not pursue the goal of independence. Instead, they sought autonomism, pursuing a measure of self-governance within Gagauzia’s two subsequent parent states, namely the Soviet Union and then independent Moldova.

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Mendle, Michael. "De facto freedom, de facto authority: press and parliament, 1640–1643." Historical Journal 38, no. 2 (June 1995): 307–32. http://dx.doi.org/10.1017/s0018246x00019440.

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ABSTRACTIn 1641 a century-long partnership of the crown and the London Stationers collapsed, leaving state control of the press and the Stationers’ interest in copyright in an extremely vulnerable situation. Tentatively at first and with growing assertiveness by 1642, the Lords and Commons revised and restated in their own interest the old partnership of the state and the Stationers; for their part, the Stationers worked hard to demonstrate their utility to the new regime and to preserve the privileges that allowed them to control the book business. The result of their joint efforts was the licensing ordinance of 1643, which critics, including John Milton, thought to be scarcely distinguishable from the Star Chamber decree of 1637, the high-water mark of the old regime. But the ordinance proved only partially successful. In the interim between regimes, there emerged a vigorous if vulgar tabloid journalism avant la lettre, sustained by an underclass of undisciplined elements of the Stationers’ Company, non-company interlopers and hawkers, and often youthful scribblers, several of them Cambridge drop-outs. Such engaging rascals no less than moralists like Milton had their share in acclimatizing the English to a press practically free of prior restraint.

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O'Loughlin, John, Vladimir Kolossov, and Gerard Toal (Gearóid Tuathail). "Inside Abkhazia: Survey of Attitudes in a De Facto State." Post-Soviet Affairs 27, no. 1 (January 2011): 1–36. http://dx.doi.org/10.2747/1060-586x.27.1.1.

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Johnson and Smaker. "State Building in De Facto States: Somaliland and Puntland Compared." Africa Today 60, no. 4 (2014): 3. http://dx.doi.org/10.2979/africatoday.60.4.3.

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Jüde, Johannes. "Contesting borders? The formation of Iraqi Kurdistan's de facto state." International Affairs 93, no. 4 (July 2017): 847–63. http://dx.doi.org/10.1093/ia/iix125.

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Kazantseva, Olesya L. "Local government in Russia: de jure and de facto." Tyumen State University Herald. Social, Economic, and Law Research 5, no. 4 (2019): 103–21. http://dx.doi.org/10.21684/2411-7897-2019-5-4-103-121.

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The analysis of the RF Federal Law of 6 October 2003 No 131-FZ, which enshrines the general principles of the organization of local self-government in the Russian Federation, demonstrates the consistent introduction of amendments aimed at restricting the autonomy of local self-government, which clearly contradicts the constitutional provisions on local self-government. In this regard, it seems necessary to determine the presence of the lower level of public authority (local self-government), for which it is necessary to reveal the conformity of the modern realities of local self-government with constitutional provisions and normative legal acts adopted for their development, that is, correlate de jure and de facto. The Constitutional Court of the Russian Federation, the highest constitutional justice body, has a great influence on the formation of local self-government in the Russian state. It forms the legal position on the organizational, legal, competence, territorial, financial and economic foundations of local self-government. In this regard, researchers are interested in the legal positions of the RF Constitutional Court regarding the autonomy of local self-government and its relations with state authorities, which have undergone significant changes throughout the entire period of reforming local self-government. Based on the analysis of changes in the legislation on local self-government and the legal positions of the RF Constitutional Court, this article shows the inconsistency of local self-government at the present stage of its development. Thus, the author proves that there are no working mechanisms for the implementation of local self-government by the population. This article concludes that the current situation requires special attention and attitude from the state, since without purposeful changes in the state policy in the sphere of local self-government it is impossible to preserve such postulates enshrined in the Russian Constitution, as democracy and local government.

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Eckert, Denis. "UKRAINIAN BORDER: CURRENT STATE AND PROBLEMS." Bulletin of Taras Shevchenko National University of Kyiv. Geography, no. 75 (2019): 24–28. http://dx.doi.org/10.17721/1728-2721.2019.75.4.

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This article analyses Ukraine’s current borders, de jure and de facto, from a geopolitical point of view. Significant changes in the border regime occurred after the political events of 2014. The emergence of de facto borders after the annexation of Crimea and the hostilities in eastern Ukraine raises the question not only of the direction of the Ukrainian state’s foreign policy but also has fundamental consequences for domestic policy. The presence of international organisations monitoring parts of the state border shows that Ukraine is involved in the process of combating illegal immigration and smuggling, on the one hand, and that it has not solved all its state-building problems, on the other. The delimitation of state borders (demarcation) with the other former Soviet republics has taken a long time for land borders and has not been completed for maritime borders. Today’s Ukraine, in the context of European integration, opens its borders to the West and minimizes its contacts with the East. The sharp deterioration in relations with Russia following the annexation of Crimea, Russia’s support for separatist entities in eastern Ukraine has led to the abandonment of cross-border cooperation between border regions, including for mechanisms as effective as Euroregions. The need to amend current Ukrainian legislation, to take into account the political and legal status of de facto borders is an important point at the moment. To achieve this objective, it is necessary not only to draw on the experience of the functioning of the State border with Moldova in its section not controlled by the Moldovan government but also to develop new approaches to facilitate the lives of displaced persons, legalize their legal status and facilitate the crossing of the line of demarcation.

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PALMER, MONTE. "SCOTT PEGG, International Society and the De Facto State (Aldershot, U.K.: Ashgate Publishers, 1988)." International Journal of Middle East Studies 33, no. 3 (August 2001): 469–70. http://dx.doi.org/10.1017/s0020743801323061.

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The objective of Scott Pegg's book is to examine the role of the de facto state in the international system. The book begins with a description of quasi-states, entities defined as ineffective states that possess internationally recognized sovereignty as indicated by membership in the United Nations. The de facto state, by contrast, is a political movement that possesses substantial control over a specified territory and population but lacks recognition of its sovereignty by the international community. As expressed by Pegg, “The quasi-state is legitimate no matter how ineffective it is. . . . The de facto state, on the other hand, is a functioning reality that is denied legitimacy by the rest of international society” (p. 5).

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Gold, Steven D., and Sarah Ritchie. "State Actions Affecting Cities and Counties, 1990-1993: De Facto Federalism." Public Budgeting Finance 14, no. 2 (June 1994): 26–53. http://dx.doi.org/10.1111/1540-5850.01005.

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Yemelianova, Galina M. "Western academic discourse on the post-Soviet de facto state phenomenon." Caucasus Survey 3, no. 3 (September 2, 2015): 219–38. http://dx.doi.org/10.1080/23761199.2015.1086572.

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MILANOVIĆ, MARKO. "State Responsibility for Acts of Non-state Actors: A Comment on Griebel and Plücken." Leiden Journal of International Law 22, no. 2 (June 2009): 307–24. http://dx.doi.org/10.1017/s0922156509005834.

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AbstractThis article comments on Jörn Griebel and Milan Plücken's recent analysis in the Leiden Journal of International Law of the approach of the International Court of Justice to state responsibility in its judgment in the Genocide (Bosnia v. Serbia) case. The article also provides more general remarks on the law of state responsibility as it pertains to acts of non-state actors. In that regard, it discusses attribution based on de facto organ status and attribution based on direction and control, as well as whether, as a matter of policy, the law of state responsibility meets the needs of the modern world.

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TERPSTRA, NIELS, and GEORG FRERKS. "Governance Practices and Symbolism: De facto sovereignty and public authority in ‘Tigerland’." Modern Asian Studies 52, no. 3 (May 2018): 1001–42. http://dx.doi.org/10.1017/s0026749x16000822.

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AbstractThis article focuses on how the Liberation Tigers of Tamil Eelam (LTTE) insurgency performed de facto sovereignty and public authority in Northeastern Sri Lanka. It is situated within the wider academic debate on governance by state and non-state actors. We venture to unravel the complex linkages between the LTTE's governance practices and legitimation strategies by looking at narratives, performances, and inscriptions. While monopolizing the justice and policing sectors, in other sectors the LTTE operated pragmatically in conjunction with the state. The organization tried to generate and sustain public authority and legitimacy through a variety of violent and non-violent practices and symbols. It ‘mimicked’ statehood by deploying, among others, policing, uniforms, ceremonies, nationalist songs, commemorations of combatants, and the media. This not only consolidated its grip on the Northeast, but also engineered a level of support and compliance. We conclude that the LTTE's governance included practices that were created and carried out independently from the Sri Lankan state, while others took shape within a pre-existing political order and service provision by the state. The article elucidates the LTTE's mimicry of the state, as well as the operation of parallel structures and hybrid forms of state-LTTE collaboration. This facilitates a nuanced understanding of rebel governance beyond a simple state versus non-state binary.

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Rossi, Michael, and Jaume Castan Pinos. "Introduction to Inconvenient Realities: The Emergence and Resilience of Parastates." Nationalities Papers 48, no. 1 (January 2020): 12–23. http://dx.doi.org/10.1017/nps.2019.58.

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AbstractWithin the growing literature on de facto states and disputed territories, the parastate stands as the most contentious challenge to international sovereignty and one of the greatest threats to regional security. Parastates are territorial entities that have unilaterally declared independence and control territory claimed by another state. Though parastates have been a part of international studies since the 1960s, the collapse of the Soviet Union and Yugoslavia have produced a number of breakaway entities that have challenged existing understandings of state theory and security studies. Without full legal international recognition, the de facto statehood of parastates cannot transform into de jure sovereignty. This special section introduces our collaborative project on the nature, scope, orientation, and character of parastates; a small, select, and particularly problematic subunit of the de facto state family. Though many of these examples should be familiar to researchers of disputed territories, we feel some that have been previously categorized as de facto, contested, or even unrecognized states are better understood as parastates due to the indefinite frozen conflict they find themselves in for years, if not decades.

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Hoch, Tomáš. "Legitimization of Statehood and its Impact on Foreign Policy in De Facto States: A Case Study of Abkhazia." Iran and the Caucasus 22, no. 4 (December 4, 2018): 382–407. http://dx.doi.org/10.1163/1573384x-20180406.

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In many respects, de facto states play a highly specific role as actors within the international system of sovereign states. The lack of international recognition has tangible political and economic impacts on the functioning of such states, and so the attempt to persuade domestic actors and the international community of the legitimacy of their claims to independence ranks among the most important components of these states’ policy—not only in foreign policy, but also in domestic policy. The aim of this text is to contribute to our understanding of how internal legitimization strategies for Abkhazian statehood are constructed and how they impact upon the foreign policy of this de facto state. Field research was carried out via interviews with important official state representatives of Abkhazia and important non-state actors—including journalists and representatives of nonprofit organizations, universities, the Church and other key institutions, which influence public opinion within and beyond this de facto state.

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Csernicsko, Istvan. "The linguistic aspects of the Ukrainian educational policy." Eesti ja soome-ugri keeleteaduse ajakiri. Journal of Estonian and Finno-Ugric Linguistics 2, no. 1 (June 17, 2011): 75–91. http://dx.doi.org/10.12697/jeful.2011.2.1.05.

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In accordance with the Constitution and the Law of Ukraine on Languages, de jure Ukraine is a monolingual state. However, Ukraine de facto is multilingual. The Ukrainian state language policy would like to solve the discrepancy between the de jure and the de facto situation in such a way that the language situation of the country should be harmonized with the codified legal situation. Namely, the unspoken aim is to turn Ukraine into a practically monolingual, a de facto Ukrainian-speaking state. Education is seen as ideal means to achieve these aims. At the given paper this will be supported by a lot of evidence. Thus, Ukraine,instead of fostering the present day ethnic and linguistic diversity, pursues the state model that is colourful from the ethnic point of view but homogeneous linguistically. The data presented in this study highlight the fact that this process involves heavy losses also for the Hungarian minority in Transcarpathia

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Green, Preston Cary. "Can State Constitutional Provisions Eliminate De Facto Segregation in the Public Schools?" Journal of Negro Education 68, no. 2 (1999): 138. http://dx.doi.org/10.2307/2668121.

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MacQueen, Benjamin. "Democratization, elections and the ‘de facto state dilemma’: Iraq’s Kurdistan Regional Government." Cooperation and Conflict 50, no. 4 (May 12, 2015): 423–39. http://dx.doi.org/10.1177/0010836715585174.

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Smith, Mary Elizabeth. "De Facto State Foreign Policy “Social Moves” in Abkhazia and South Ossetia." Iran and the Caucasus 22, no. 2 (June 22, 2018): 181–205. http://dx.doi.org/10.1163/1573384x-20180208.

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This paper presents “social moves” as a new strategy de facto states can use in their interactions with the international community, with or without the possibility of a formal recognition of sovereignty. Special attention is paid to Abkhazia’s continuing desire for an independent state compared to South Ossetia’s desire for Russian absorption in light of both regions’ ethnic histories and turbulent relationships with Georgia. Key analysis includes discussion of the diplomatic soft power “social moves” the Abkhazian Foreign Ministry has begun in the last two years and the absence of similar “social moves” within the South Ossetian Foreign Ministry.

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Alpert, Sara. "The Past and Future State of De Facto Parents in New York." Family Court Review 55, no. 3 (July 2017): 458–71. http://dx.doi.org/10.1111/fcre.12283.

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Rothstein, Richard. "The myth of de facto segregation." Phi Delta Kappan 100, no. 5 (January 22, 2019): 35–38. http://dx.doi.org/10.1177/0031721719827543.

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Today, our schools are more racially segregated than at any time in the last 40 years, mainly because the neighborhoods in which they are located are themselves racially segregated. Yet, the U.S. Supreme Court, in its 2007 Parents Involved ruling, prohibited school districts from implementing even modest race-conscious desegregation plans. If people of differing races live in different neighborhoods, the Court found, it is because of de facto segregation (e.g., private individuals’ choices about where to live), which the government has no power to remedy. But in fact, argues Richard Rothstein, residential segregation can be traced back to specific decisions made by public officials at the local, state, and federal levels. De facto segregation is a myth, and there’s no reason why the government shouldn’t take action to integrate schools in segregated neighborhoods.

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Ganohariti, Ramesh. "Dual Citizenship in De Facto States: Comparative Case Study of Abkhazia and Transnistria." Nationalities Papers 48, no. 1 (October 21, 2019): 175–92. http://dx.doi.org/10.1017/nps.2018.80.

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AbstractThe contested nature of de facto states and their acceptance of dual citizenship results in the overlap of multiple citizenship regimes, leading to individuals living in de facto states possessing multiple citizenship statuses. Using the Most Similar Systems Design, this article explores the factors that influence the (divergent) citizenship regimes of Abkhazia and Transnistria; the former allows dual citizenship only with Russia, while the latter places no restrictions. The primary reason for the adoption of dual citizenship is for pragmatic reasons, as the secondary citizenship can compensate for the lack of benefits (such as international travel, diplomatic protection) afforded by the de facto state’s citizenship. This said, having an ethnicized national identity, in contrast to a civic (state-centered) national identity, can produce (dual) citizenship laws that give preferential treatment to the titular group and its diaspora. Additionally, the influence exerted by the patron state (Russia) and the severity of the conflict with the parent state (Georgia/Moldova) influences dual citizenship in becoming conditional and thus more exclusive.

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Everett, Stephanie, Yingge Xiong, Kumares C. Sinha, and Jon D. Fricker. "Ex Post Facto Evaluation of Indiana's Highway Investment Program." Transportation Research Record: Journal of the Transportation Research Board 2345, no. 1 (January 2013): 24–30. http://dx.doi.org/10.3141/2345-04.

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In response to the federal requirements of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users, nearly all state departments of transportation (DOTs) have started to use performance measurement in the planning or programming process. Although these performance measures are routinely monitored, they are generally completed during the project development process on a project-by-project basis for anticipated future conditions. No state has a fully developed postimplementation tool to monitor and evaluate capital investment programs at a system (statewide) level. Historical highway expenditure and performance data from the Indiana DOT capital program were used in an ex post facto assessment to illustrate a program evaluation methodology that can be transferred to other agencies. The relationships between investment and performance were characterized for the condition of pavements and bridges as well as the operation of safety and mobility assets. In addition, the short-term economic development impacts, for jobs created and earnings added, were estimated for the total investment each year. The most recent surface transportation reauthorization, Moving Ahead for Progress in the 21st Century, sets a precedent for performance-based management of the nation's transportation network. The present study demonstrates an ex post facto assessment of impacts of the Indiana DOT's highway program and highlights lessons learned to be used when the agency and other state DOTs move forward in validating the effectiveness of investment to legislative bodies responsible for funding decisions. Finally, the study provides a mechanism to communicate the impacts of transportation investment to the general public.

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Grzybowski, Janis. "The paradox of state identification: de facto states, recognition, and the (re-)production of the international." International Theory 11, no. 3 (October 8, 2019): 241–63. http://dx.doi.org/10.1017/s1752971919000113.

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AbstractThe literature on de facto states challenges the conventional identification of states by legal recognition, proposing to identify states based on their effectiveness instead. Yet, as I argue in this paper, rather than turning the tables on recognition, the de facto state challenge ultimately reveals all state identification in International Relations and international law to be essentially indeterminate. This lacuna, I suggest, is not an accidental omission, but an expression of the foundational paradox of modern political order that is rooted in the intertwined ontology of the state system and the individual states constituting it, with each presupposing the other. As a result, the opposition between empirical facts, political decisions, and legal norms invoked in attempts to identify states cannot but remain irresolvable. This should not be regarded as a problem to be overcome, however, but as a source of social order. Although states cannot be substantively identified, any effort to do so in practice naturalizes the state as the very form through which we articulate and shape political claims, conflicts, and settlements. In performatively enacting states precisely at the contested margins, state identification thus both invokes and (re-)produces the statist international as the central imaginary of modern political order.

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OZDAN, SELMAN. "A CRITIQUE OF THE DEMISE OF HEADS OF STATE IMMUNITY IN THE AGE OF HUMAN RIGHTS." Age of Human Rights Journal, no. 11 (December 19, 2018): 108–27. http://dx.doi.org/10.17561/tahrj.n11.6.

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This paper presents an unspoken aspect of Head of State immunity, namely that such immunity is at odds with the expectation that international law should be applied to challenge resistance to and promote respect for human rights. It considers the question of whether Head of State immunity gives rise to de facto impunity in the case of violations of human rights recognised as peremptory norms (jus cogens) committed by such Heads of State. While this paper emphasises the critical role of Head of State immunity in the context of international relations, it argues that Heads of State should not exempt from punishment when violations of those human rights are at stake.

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Smolnik, Franziska. "Political rule and violent conflict: Elections as ‘institutional mutation’ in Nagorno-Karabakh." Communist and Post-Communist Studies 45, no. 1-2 (March 2012): 153–63. http://dx.doi.org/10.1016/j.postcomstud.2012.03.002.

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The article analyzes political rule in an entity affected by violent conflict. Aiming at contributing to the study of the South Caucasus ‘de-facto states’, it is argued that so far insufficient attention has been paid to the influence the persistent violent conflicts have had on political processes inside these entities. To substantiate the argument three elections in the de-facto state of Nagorno-Karabakh are scrutinized. The analysis reveals that contrary to prevalent classifications the Nagorno-Karabakh conflict is not frozen, but that indeed the persistent violent conflict constitutes a significant factor that helps us account for the specific character of political rule in Nagorno-Karabakh.

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Popov, F. "Spatial Aspects of Failure and Collapse of a Sovereign State." World Economy and International Relations, no. 7 (2014): 78–86. http://dx.doi.org/10.20542/0131-2227-2014-7-78-86.

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This paper analyses the connection between two intrastate processes: state failure, leading in extreme case to state collapse, and de facto fragmentation of state’s political space. These processes represent two sides of the same phenomenon. The concepts of weak, failed and collapsed state standing for different stages of state weakening with different extent of quasistateness are also analyzed.

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Shastitko, A., and S. Avdasheva. "Independent Director in State Participating Companies: Cassandra or Ariadna?" Voprosy Ekonomiki, no. 6 (June 20, 2009): 111–24. http://dx.doi.org/10.32609/0042-8736-2009-6-111-124.

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The article describes the grounds and conditions of independent directors incorporation in the boards of directors of state participating companies. The results of independent directors elections in their boards are analyzed. A number of variants of independent directors de-facto status are shown. The conditions for realizing advantages of independent directors involvement as compared with public servants from the perspective of developing the effective system of corporate governance are identified.

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Luja, R. H. "Group Taxation, Sectoral Tax Benefits and De Facto Selectivity in State Aid Review." European State Aid Law Quarterly 8, no. 4 (2009): 15. http://dx.doi.org/10.21552/estal/2009/4/153.

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Porter, Andrew C., Morgan S. Polikoff, and John Smithson. "Is There a de Facto National Intended Curriculum? Evidence From State Content Standards." Educational Evaluation and Policy Analysis 31, no. 3 (September 2009): 238–68. http://dx.doi.org/10.3102/0162373709336465.

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Raisman, Neal. "The De Facto State of General Education: A Study of Michigan Community Colleges." Community College Review 21, no. 4 (April 1994): 37–47. http://dx.doi.org/10.1177/009155219402100405.

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Stakhyra, Hanna. "Applicability of Private Law of De-facto Regimes." osteuropa recht 65, no. 2 (2019): 207–22. http://dx.doi.org/10.5771/0030-6444-2019-2-207.

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The applicability of private law of de-facto regimes poses particular conflict-of-law challenges for the state and its respective authorities involved, in particular courts. This article analyses these challenges in the light of the Luhansk and Donetsk National Republics in Ukraine, and further illustrates problems arising from the (non-)recognition of de facto regimes in the context of other territories such as Taiwan and Moldova, and Crimea, among others. The article concludes that recognized states cannot simply ignore the existence of a de facto regime territory. The political nonrecognition of such territories should not be an obstacle to the application of the law to protect the rights of individuals in private relationships.

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Arato, Andrew. "International Role in State-Making in Ukraine: The Promise of a Two-Stage Constituent Process." German Law Journal 16, no. 3 (July 2015): 691–712. http://dx.doi.org/10.1017/s2071832200021027.

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The conflict in the Ukraine—barely placated by a fragile truce that temporarily froze its territorial fault lines—remains one of the gravest threats to both regional and international peace since the end of the Cold War. The present de facto territorial arrangements in Ukraine remain highly unstable—as well as entirely unacceptable—to at least one of the parties to the conflict. With the fate of the second Minsk Agreement in question, neither the parties involved in the conflict nor the powers that support them have been able to propose mutually-acceptable, comprehensive solutions that would significantly diminish the danger of a renewed violent confrontation. In such a situation, the wider international community could play a helpful role in achieving a lasting political settlement.

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Protsyk, Oleh. "Secession and hybrid regime politics in transnistria." Communist and Post-Communist Studies 45, no. 1-2 (March 2012): 175–82. http://dx.doi.org/10.1016/j.postcomstud.2012.03.003.

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Post-Soviet de facto states are presented in the social science literature, first of all, as a by-product of research on secession, nationalism, and conflict resolution. The paper focuses instead on issues of institution-building and governance in de facto states. It examines the construction of a hybrid political regime in the most populous of post-Soviet de facto states, Transnistra. The paper analyzes secessionist elites’ strategies of maintaining power and sources of domestic pressures to democratize political institutions of the de facto state. The evolution of the Transnistrian regime, it is argued, provides interesting ground for exploring the mechanisms of democratization under an unfavorable choice of institutions and problematic external environment.

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Lankov, Andrei, Peter Ward, Ho-yeol Yoo, and Ji-young Kim. "MAKING MONEY IN THE STATE: NORTH KOREA'S PSEUDO-STATE ENTERPRISES IN THE EARLY 2000s." Journal of East Asian Studies 17, no. 1 (February 21, 2017): 51–67. http://dx.doi.org/10.1017/jea.2016.30.

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AbstractIn the 1990s, a part of the North Korean economy underwent a process of marketization and de facto privatization. While largely spontaneous, this process was eerily reminiscent of developments in other post-Communist countries in Eastern Europe. One of the results was the emergence of a new entrepreneurial class, a nascent bourgeoisie. In order to overcome the obstacles that arose from the lack of any legal framework for their activities, they often chose to register their enterprises with state agencies, creating what we call Pseudo-state Enterprises (PSEs). Utilizing an agency theory approach, with particular emphasis on property rights and contracting problems, this article traces the origin of the PSE, their interaction with the state, how they are managed and the challenges they face. The article is based on refugee interviews with five North Koreans involved with the PSE-related activities in nine entities covering a range of different sectors.

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Florea, Adrian. "Rebel governance in de facto states." European Journal of International Relations 26, no. 4 (May 6, 2020): 1004–31. http://dx.doi.org/10.1177/1354066120919481.

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De facto states, such as Somaliland (Somalia), are unrecognized separatist enclaves that display characteristics of statehood but lack an international legal status. To acquire domestic and external legitimacy, these actors engage in a wide range of governance practices: they set up military and police forces; executive, legislative, and judicial branches; hospitals; schools; banks; or social security networks. In spite of the obvious gains that can be accrued through the establishment of a complex governance architecture, de facto states exhibit great variation in the range of statelike institutions that they build: some, like Luhansk People’s Republic (Ukraine), put together a rudimentary governance apparatus, while others, like Transnistria (Moldova), manage to construct a complex system of rule. What explains the variation in governance practices across these separatist enclaves? Using original data on governance institutions across all de facto states (1945–2016), this study offers an empirical examination of the key factors that shape separatists’ incentives to supply governance. The findings reveal that de facto state separatists are less likely to provide governance when they have access to lootable mineral resources but are more likely to do so when they receive external military support, when peacekeepers are present, when they have access to relatively immobile assets, when they adopt a Marxist ideology, and when they control the territory for a long time. The findings help us better understand the conditions under which armed nonstate actors supplant sovereign states as de facto authorities and successfully institutionalize their rule.

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Lesanu, Alexandru. "Administrative Legacies and ‘Phantom Borders’ in Transnistria, 1996-2003. The Case of the Rybnitsa Sugar and Alcohol Factory." Südosteuropa 67, no. 3 (November 30, 2019): 328–46. http://dx.doi.org/10.1515/soeu-2019-0025.

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Abstract With the Soviet dissolution, the eastern districts of the newly established Republic of Moldova refused to recognize the Moldovan authorities and proclaimed the Pridnestrovian Moldavian Republic (PMR). In the post-Soviet context, the PMR, or Transnistria as the international public know it, emerged as a de facto state without international recognition. This ‘phantom’ status in international relations entailed the reputation of being ‘a black hole’ in international trade. However, the de facto state managed to develop its own customs authorities, which created an extensive administrative legacy of what was a merely de facto border. The author uses the concept of ‘phantom border’ to contextualize this administrative legacy of the Transnistrian borders. He traces these legacies through the correspondence between the Transnistrian customs authorities and the administration of the Rybnitsa Sugar and Alcohol Factory—a major local enterprise with a long history as an actor in the regional border infrastructure.

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Balmaceda, Margarita M. "Privatization and elite defection in de facto states: The case of Transnistria, 1991–2012." Communist and Post-Communist Studies 46, no. 4 (September 19, 2013): 445–54. http://dx.doi.org/10.1016/j.postcomstud.2013.08.001.

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What factors determine the timing of elite defection in conditions of post-Soviet personalistic presidentialism? How do relations with a powerful patron state affect this process? This article analyzes these questions on the basis of a case study of Transnistria, a de facto state with strong links to Russia. It argues that privatization processes involving actors from the patron state provide a unique opening for elite defection by heightening tensions between the rent-seeking interests of the personalistic president and those of new owners; direct or indirect signals from the patron state may also affect elite’s perceptions of incumbent durability and their corresponding decisions.

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Nazareno, Jennifer. "Welfare State Replacements: Deinstitutionalization, Privatization and the Outsourcing to Immigrant Women Enterprise." International Journal of Health Services 48, no. 2 (February 23, 2018): 247–66. http://dx.doi.org/10.1177/0020731418759876.

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The U.S. government has a long tradition of providing direct care services to many of its most vulnerable citizens through market-based solutions and subsidized private entities. The privatized welfare state has led to the continued displacement of some of our most disenfranchised groups in need of long-term care. Situated after the U.S. deinstitutionalization era, this is the first study to examine how immigrant Filipino women emerged as owners of de facto mental health care facilities that cater to the displaced, impoverished, severely mentally ill population. These immigrant women–owned businesses serve as welfare state replacements, overseeing the health and illness of these individuals by providing housing, custodial care, and medical services after the massive closure of state mental hospitals that occurred between 1955 and 1980. This study explains the onset of these businesses and the challenges that one immigrant group faces as owners, the meanings of care associated with their de facto mental health care enterprises, and the conditions under which they have operated for more than 40 years.

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Kocbek, Mateja, Gregor Jost, Marjan Hericko, and Gregor Polancic. "Business process model and notation: The current state of affairs." Computer Science and Information Systems 12, no. 2 (2015): 509–39. http://dx.doi.org/10.2298/csis140610006k.

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Context: With business process modelling, companies and organizations can gain explicit control over their processes. Currently, there are many notations in the area of business process modelling, where Business Process Model and Notation (BPMN) is denoted as the de facto standard. Aims: The aim of this research is to provide the state-of-the-art results addressing the acceptance of BPMN, while also examining the purposes of its usage. Furthermore, the advantages, disadvantages and other interests related to BPMN were also investigated. Method: To achieve these objectives, a Systematic Literature Review (SLR) and a semantic examination of articles? citations was conducted. Results: After completing SLR, out of a total of 852 articles, 31 were deemed relevant. The majority of the articles analyzed the notation and compared it with other modelling techniques. The remainder evaluated general aspects of the notation, e.g. history and versions of the standard, usage of the notation or tools. Conclusion: Our findings demonstrate that there are empirical insights about the level of BPMN acceptance. They suggest that BPMN is still widely perceived as the de facto standard in the process modelling domain and its usage is everincreasing. However, many studies report that only a limited set of elements are commonly used and to this end, several extensions were proposed. The main purpose of BPMN remains the description of business processes.

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Bakke, Kristin M., Andrew M. Linke, John O'Loughlin, and Gerard Toal. "Dynamics of state-building after war: External-internal relations in Eurasian de facto states." Political Geography 63 (March 2018): 159–73. http://dx.doi.org/10.1016/j.polgeo.2017.06.011.

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Bobick, Michael. "Sovereignty and the Vicissitudes of Recognition: Peoplehood and Performance in a De Facto State." PoLAR: Political and Legal Anthropology Review 40, no. 1 (May 2017): 158–70. http://dx.doi.org/10.1111/plar.12204.

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Good, Aaron. "American Exception: Hegemony and the Dissimulation of the State." Administration & Society 50, no. 1 (April 17, 2015): 4–29. http://dx.doi.org/10.1177/0095399715581042.

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This article is a critical examination of the dissimulation and the disaggregation of the state in the context of U.S. hegemony. The account builds on dual state theory which posits that alongside the “democratic state,” there exists an authoritarian “security state.” America’s post–World War II hegemony has been accompanied by the rise of a security state operating in a de facto state of emergency, ostensibly to combat global Communist/terrorist conspiracy. The term developed here to describe this phenomenon is exceptionism. Finally, this article examines the prospect of a supra-national deep state and theorizes about the implications of a tripartite state.

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Podhrázský, Štěpán, and Petr Daněk. "Trvale dočasné? Tendence vývoje souboru de facto států." Mezinárodní vztahy 55, no. 3 (September 1, 2020): 5–30. http://dx.doi.org/10.32422/mv-cjir.1662.

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De facto states have moved from a periphery to the center of academic attention during the last two decades. The objective of the paper is an identification of characteristic development trends within a set of these non-state territorial political units, and it investigates the relation between the degree of their internal sovereignty and their level of partial international recognition. The quantitative method for assessment of the degree of internal sovereignty is based on a set of seven indicators and an aggregate “indicator of internal sovereignty”. The set of de facto states is composed of 26 entities whose development is analyzed from 2001 to 2018. The results confirmed a relationship between the development of world politics and the development trends within the set of de facto states, a significant influence of partial international recognition on the level of internal sovereignty, and a close relation between security and political indicators of sovereignty.

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Civinskas, Remigijus, Natalja Gončiarova, and Saulius Pivoras. "The Application of Customer Service Standards and Street-Level Bureaucrats’ Discretion in Lithuanian State Agencies." Baltic Journal of Law & Politics 13, no. 2 (December 1, 2020): 109–34. http://dx.doi.org/10.2478/bjlp-2020-0013.

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Abstract The main purpose of this article is to explore how standardization of the public service provision and introduction of customer service standards affect the de facto discretion of civil servants. The study uses a qualitative case study approach. Two main research methods were used to gather data – semi-structured interview and document analysis. Analysis of the empirical data revealed that written standards only partially affect the de facto discretion of civil servants. The customer interaction standards define only a few civil servants’ actions, and do not cover all aspects of the communication between civil servants and customers. Application of written standards is flexible especially in non-typical situations. Customer service standards do not restrict the actions of civil servants when they focus on customer problems, which is especially important when dealing with socially vulnerable customers. This study explores the use of customer service standards as a public management tool. The research data can be useful for understanding and improving customer interaction standards and its practical application.

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Abu-Lebdeh, Ghassan, and Rahim F. Benekohal. "Development of Traffic Control and Queue Management Procedures for Oversaturated Arterials." Transportation Research Record: Journal of the Transportation Research Board 1603, no. 1 (January 1997): 119–27. http://dx.doi.org/10.3141/1603-16.

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The formulation and solution of a new algorithm for queue management and coordination of traffic signals along oversaturated arterials are presented. Existing traffic-control and signal-coordination algorithms deal only with undersaturated steady-state traffic flow conditions. No practical algorithms are readily available for oversaturated flow conditions. The main idea of the procedure is to manage queue formation and dissipation on system links so that traffic flow is maximized by efficiently using all green time, preventing formation of de facto red, accounting for the non-steady-state conditions, and providing time-dependent control measures. The problem is formulated as a throughput maximization problem subject to state and control variables. The solution is then obtained using genetic algorithms. The results show that the control procedure can produce dynamic and responsive control so that traffic progression is attained and all undesirable conditions such as queue spill-back and de facto red are avoided.

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Cerny, Philip G. "Paradoxes of the Competition State: The Dynamics of Political Globalization." Government and Opposition 32, no. 2 (April 1997): 251–74. http://dx.doi.org/10.1111/j.1477-7053.1997.tb00161.x.

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THE TRANSFORMATION OF THE NATION-STATE INTO A ‘COMPETITION state’ lies at the heart of political globalization. In seeking to adapt to a range of complex changes in cultural, institutional and market structures, both state and market actors are attempting to reinvent the state as a quasi-‘enterprise association’ in a wider world context, a process which involves three central paradoxes. The first paradox is that this process does not lead to a simple decline of the state but may be seen to necessitate the actual expansion of de facto state intervention and regulation in the name of competitiveness and marketization.

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Kynev, Alexander. "How the Electoral Policy of the Russian State Predetermined the Results of the 2016 State Duma Elections." Russian Politics 2, no. 2 (June 17, 2017): 206–26. http://dx.doi.org/10.1163/2451-8921-00202002.

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The article analyses how the electoral policy of the Russian state predetermined the results of the 2016 State Duma elections. The factors leading to this predictability are described in detail. These were a combination of the introduction of a mixed electoral system, with the party of power winning in more than 90% of majoritarian districts in regional elections; gerrymandering during the establishment of electoral districts; changes to the system by which voters outside the borders of the Russian Federation were allocated to electoral districts; the change of election date (moving it to September) and the consequent reduced turnout in the cities more prone to protest votes; “rigged campaigns” and the systemic opposition’s unreadiness for serious disputation; new bans and restrictions on political competition, resulting parties and candidates capable of genuinely opposing the regime being denied access to the elections; a push among protest voters to boycott the election, de facto supported by the regime’s campaign managers; and weak campaigns by the democratic parties.

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Wendt, Alexander. "Collective Identity Formation and the International State." American Political Science Review 88, no. 2 (June 1994): 384–96. http://dx.doi.org/10.2307/2944711.

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The neorealist-neoliberal debate about the possibilities for collective action in international relations has been based on a shared commitment to Mancur Olson's rationalist definition of the problem as one of getting exogenously given egoists to cooperate. Treating this assumption as a de facto hypothesis about world politics, I articulate the rival claim that interaction at the systemic level changes state identities and interests. The causes of state egoism do not justify always treating it as given. Insights from critical international relations and integration theories suggest how collective identity among states could emerge endogenously at the systemic level. Such a process would generate cooperation that neither neorealists nor neoliberals expect and help transform systemic anarchy into an “international state”—a transnational structure of political authority that might undermine territorial democracy. I show how broadening systemic theory beyond rationalist concerns can help it to explain structural change in world politics.

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Jamil, Ali Salman. "The Theory of Actual Employee and De Facto Authority and Its Applicability in Iraq." Journal of AlMaarif University College 31, no. 2 (December 31, 2020): 366–85. http://dx.doi.org/10.51345/.v31i2.259.g178.

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The research showed that the French Council of State relied in resolving the conflict between the authority and the citizen on the principles of the Declaration of Human and Citizen Rights as a basis for the principle of legality. He only had them. They are abstract general rules that clarify the basis of the relationship between the citizen and the state, including his rights and duties. The council applied its rules regarding the rulings it issued, whether for the authority or against it. The authority has caved in to that. He also showed that it is impermissible to differentiate between protecting rights in normal and exceptional circumstances. The state is responsible for securing these rights in all circumstances. This is why the board invented the actual employee theory. The basic principles on which the actual employee theory was based have also been studied. The theory is not an exception to the principle of legality, but rather a real application of it. In a state that has taken upon itself to ensure that people enjoy the rights and freedoms stipulated in the constitution. It also clarified that the employee’s organizational relationship with the state requires it to respect his rights stipulated in the law in return for his commitment to his duties that oblige him to apply the law as abstract general rules without bias and deviation. Therefore, it has the right to punish him according to the law. In exchange for his right to appeal the decision to impose the punishment. The judiciary’s decision to cancel the dismissal or dismissal decision obliges the administration to return it to the same legal position. Unless that results in corruption, then you must return him to a center parallel to the first. Without causing him physical or moral harm. The research also showed that what happened in Iraq was a barbaric invasion that was not based on any justification. It expressly contradicts international legality. It has resulted in the abolition of all legitimate institutions of the state and the handing over of power to organizations that have proven practical reality that they are gangs of thieves whose aim is to destroy the state and to violate all prohibited acts. It issued laws that grant themselves privileges and rights that are inconsistent with the principle of legality. And decisions were issued that contradict the public interest. Therefore, citizens and employees should be granted the right to appeal all laws and decisions issued when real authority is established in Iraq. Return all stolen money and stolen rights.

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Journal articles on the topic 'De facto state'

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