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1
Howe, Douglas J. "Governance models of public utility commissions in the United States." Competition and Regulation in Network Industries 20, no. 3 (June 27, 2019): 229–39. http://dx.doi.org/10.1177/1783591719857660.
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Regulation of utilities at the state level in the United States is undertaken by a commission on which anywhere from three to seven commissioners sit and must vote on virtually all significant utility actions, including rate requests, resource plans, acquisitions and mergers, and financing mechanisms. Public utility commissions (PUCs) are, in a very real sense, courts with adjudicatory responsibility over the area of state utility laws. In hearing a utility case, they must follow the state’s statutes and court rules. The commissioners function as judges in this court of public utility law. In a majority of states, commissioners are appointed by the state’s governor with the advice and consent of the state legislature. In a significant minority of states, commissioners are elected by popular vote. However, recent changes in US election law have made it easier for corporations and special interest groups, called political action committees, to influence elections through donations targeting direct voter outreach on behalf of specific candidates. This chapter examines what the entry of political spending in PUC elections means, and whether elected commissioners can adjudicate in the public interest, or will adjudicate for special interests. The chapter concludes that while both the appointment and election governance model can produce both “good” and “bad” commissioners, it is the elected commission that is most at risk of selecting commissioners that will not be truly independent and objective arbiters of the law.
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Huxsoll, David L. "On-Site Inspection Measures and Interviews." Politics and the Life Sciences 14, no. 2 (August 1995): 238–40. http://dx.doi.org/10.1017/s0730938400019158.
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In April 1991, the United Nations Security Council adopted Resolution 687, which established the terms and conditions for a formal cease-fire between Iraq and the coalition of Member States. Resolution 687 states that Iraq shall unconditionally accept the destruction, removal, or rendering harmless—under international supervision—of all chemical and biological weapons; all stocks of agents, and all related subsystems and components; and all related research, development, support, and manufacturing facilities. The resolution further states that Iraq shall unconditionally undertake not to use, develop, construct, or acquire any of the items mentioned above, and it calls for the development of a plan for ongoing monitoring and verification of Iraq's compliance. To accomplish these objectives, Resolution 687 provided for the establishment of a Special Commission to carry out immediate on-site inspections of Iraq's capabilities, based on Iraq's declarations and the designation of any additional locations by the United Nations Special Commission (UNSCOM) itself. Soon after it was established, the commission initiated a series of unprecedented inspections to eliminate Iraq's weapons of mass destruction.
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Rosenstock, Robert. "The Forty-ninth Session of the International Law Commission." American Journal of International Law 92, no. 1 (January 1998): 107–12. http://dx.doi.org/10.2307/2998070.
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The International Law Commission of the United Nations held its forty-ninth session in Geneva from May 12 to July 18, 1997, under the chairmanship of Professor Alain Pellet of France. The Commission concluded its first reading of a draft declaration on nationality in relation to the succession of states; adopted preliminary conclusions on a key element of the topic of reservations to treaties; and appointed new special rapporteurs for state responsibility, international liability for injurious consequences of acts not prohibited by international law, unilateral acts of states, and diplomatic protection. The Commission also established working groups on each of these topics.
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Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Forty-eighth Session of the UN General Assembly." American Journal of International Law 88, no. 2 (April 1994): 343–60. http://dx.doi.org/10.2307/2204106.
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At the forty-eighth session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee), and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the jurisdictional immunities of states and their property, and (2) the safety and security of United Nations personnel. Other items covered by the committee included a proposal to request an advisory opinion from the International Court of Justice on questions regarding extraterritorial jurisdiction, as well as topics concerning international terrorism, economic relations, procedural aspects of the United Nations Administrative Tribunal and the United Nations Decade of International Law (Decade).
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Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-Second Session of the UN General Assembly." American Journal of International Law 92, no. 3 (July 1998): 568–76. http://dx.doi.org/10.2307/2997932.
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At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) international terrorism and (3) jurisdictional immunities of states and their property, as well as other topics concerning the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The topics are discussed in the order in which they were considered by the committee.
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Banhidi, PhD, Miklos, Fran Stavola Daly, EdD, CTRS, Eduardo De Paula Azzine, MS, Rodney B. Dieser, PhD, Shannon Hebblethwaite, PhD, David Jones, EdD, CTRS, Fumika Kimura, MS, Sharon E. McKenzie, PhD, CTRS, Charlé Meyer, PhD, and Marié E. M. Young, DPhil. "A global therapeutic recreation discussion: An overview from Rimini, Italy." American Journal of Recreation Therapy 12, no. 4 (August 24, 2017): 7. http://dx.doi.org/10.5055/ajrt.2013.0053.
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The 2012 World Leisure Congress (hosted by the World Leisure Organization) took place in Rimini, Italy, from September 30 to October 3. The World Leisure Organization currently has 12 global commissions on various topics (eg, children and youth, leisure education, tourism and the environment, and women and gender), which is focused on having global interactions and discussions related to the three main objectives of research, information dissemination, and advocacy.1 The purpose of this article is to summarize the World Leisure Commission on Accessibility and Inclusion academic labor related to the topic of global therapeutic recreation. To this end, the question at hand for this global commission to discuss was as follows: Is the United States National Council for Therapeutic Recreation Certification (NCTRC) an appropriate credentialing framework for professionals in different countries who are dedicated to working with people with disabilities/special needs in the area of accessibility, inclusion, and therapeutic recreation? The purpose of this article is to share, to the wider United States therapeutic recreation profession, responses and thoughts of members of the global therapeutic recreation commission.
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Mccaffrey, Stephen C. "The Fortieth Session of the International Law Commission." American Journal of International Law 83, no. 1 (January 1989): 153–71. http://dx.doi.org/10.2307/2202801.
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The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.
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Ranjan, Sheetal, Rosemary Barberet, Dawn Beichner, and Elaine Arnull. "Special Issue. The Social Protection of Women and Girls: Links to Crime and Justice at CSW63. Guest Editors' Introduction." International Journal for Crime, Justice and Social Democracy 9, no. 1 (February 24, 2020): 1–6. http://dx.doi.org/10.5204/ijcjsd.v9i1.1492.
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We are pleased to introduce this special issue of the International Journal for Crime, Justice and Social Democracy, titled ‘The Social Protection of Women and Girls: Links to Crime and Justice at CSW63’. This issue contains a selection of articles from presentations at a series of parallel and side events held at the Commission on the Status of Women’s 63rd session (CSW63) at the UN Headquarters in New York City, United States.
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Bruyère, Susanne M., Sarah von Schrader, Wendy Coduti, and Melissa Bjelland. "United States Employment Disability Discrimination Charges: Implications for Disability Management Practice." International Journal of Disability Management 5, no. 2 (December 1, 2010): 48–58. http://dx.doi.org/10.1375/jdmr.5.2.48.
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AbstractIt is 20 years since the passage of the Americans With Disabilities Act, yet employment and economic inequities continue for people with disabilities. The purpose of this article is to inform and encourage disability management leading practices to contribute toward reducing these disparities. The approach is an examination of where in the employment process applicants and incumbent employees perceive employment disability discrimination, leading to the filing of charges against an employer. Employment disability discrimination claims filed by individuals over 15 years (1993–2007) with the United States (US) Equal Employment Opportunity Commission or state and local Fair Employment Practice Agencies are studied. The authors analyse employment discrimination charges by year, basis (i.e., protected class characteristics, such as disability, age, or race), issue (i.e., actions of the employer, such as discharge, hiring, or harassment), employer characteristics (i.e, size of business and industry sector), and joint filings under Title VII of the Civil Rights Act (gender, race/ethnicity, and religious discrimination) and the Age Discrimination in Employment Act (ADEA). Special attention is paid to where in the employment process people with specific impairments are perceiving discrimination. Implications of these research findings for the practice and administration of disability management and employer policies are discussed.
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Langford, Malcolm, Michele Potestà, Gabrielle Kaufmann-Kohler, and Daniel Behn. "Special Issue: UNCITRAL and Investment Arbitration Reform: Matching Concerns and Solutions." Journal of World Investment & Trade 21, no. 2-3 (June 22, 2020): 167–87. http://dx.doi.org/10.1163/22119000-12340171.
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Abstract The ongoing ‘legitimacy crisis’ in investor-State dispute settlement (ISDS) has triggered a comprehensive attempt at multilateral reform. In 2017, Working Group III at the United Nations Commission on International Trade Law (UNCITRAL) was entrusted with a broad, open-ended and problem-driven mandate. The reform process aims to tackle particular concerns with ISDS: excessive costs and lengthy proceedings, inconsistent and incorrect decisions, and a lack of arbitral diversity and independence. The exclusion of substantive treaty reform has met critique but states are considering a wide range of procedural options from incremental reform to a multilateral court, appellate mechanism, and ISDS alternatives. In this article, we introduce the reform process and the seven articles that follow in this Special Issue of the Journal on World and Investment and Trade. In these contributions, ISDS Academic Forum members analyse the basis for each concern and the potential contribution of leading reform models.
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Calliess, Gralf-Peter. "Value-added Norms, Local Litigation, and Global Enforcement: Why the Brussels-Philosophy failed in The Hague." German Law Journal 5, no. 12 (December 1, 2004): 1489–98. http://dx.doi.org/10.1017/s2071832200013365.
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In the early Nineties the Hague Conference on International Private Law on initiative of the United States started negotiations on a Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the “Hague Convention“). In October 1999 the Special Commission on duty presented a preliminary text, which was drafted quite closely to the European Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (the “Brussels Convention“). The latter was concluded between the then 6 Member States of the EEC in Brussels in 1968 and amended several times on occasion of the entry of new Member States. In 2000, after the Treaty of Amsterdam altered the legal basis for judicial co-operation in civil matters in Europe, it was transformed into an EC Regulation (the “Brussels I Regulation”).
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Hu, Howard. "Toxic Weapons, Epidemiology, and Human Rights." Politics and the Life Sciences 11, no. 1 (February 1992): 24–26. http://dx.doi.org/10.1017/s0730938400017147.
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In June of 1991, a team of experts from the UN Special Commission (UNSCOM) inspected an Iraqi facility at Samarra, known as the “Muthanna State Enterprise for Pesticide Production.” Its inspection revealed a chemical weapons factory (United Nations, 1991). Inspectors found mustard gas and organophosphorus nerve agents, types GB and GF, as well as tabun—agent GA (CBW News, 1991). They estimated that the facility had the capacity to produce 2.5 tons of sarin and 5 tons of mustard gas per day. According to media reports, “dozens” of companies were implicated in the construction and production processes of the facility, including companies originating from Austria, France, Germany, India, Switzerland, the United States, and seven other countries (CBW News, 1991; Independent, July 17, 1991).
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Zafar, Syed Nabeel, Chung-Yuan Hu, Rebecca A. Snyder, Amanda Cuddy, Y. Nancy You, Lisa M. Lowenstein, Robert J. Volk, and George J. Chang. "Predicting Risk of Recurrence After Colorectal Cancer Surgery in the United States: An Analysis of a Special Commission on Cancer National Study." Annals of Surgical Oncology 27, no. 8 (February 20, 2020): 2740–49. http://dx.doi.org/10.1245/s10434-020-08238-7.
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Tejan-Cole, Abdul. "The complementary and conflicting relationship between the Special Court for Sierra Leone and the Truth and Reconciliation Commission." Yearbook of International Humanitarian Law 5 (December 2002): 313–30. http://dx.doi.org/10.1017/s1389135900001100.
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Societies emerging from political turmoil and civil unrest associated with gross violations of human rights and humanitarian law face the crucial question of how to deal with these atrocities and put the past in its place. Since the 1980s, this problem has been a major preoccupation of international law and scholarship. The traditional responses include outside intervention in such states pursuant to Chapter VII powers under the United Nations Charter, grants of conditional amnesty to perpetrators of war crimes and crimes against humanity, grants of some form of unconditional amnesty, and prosecution of perpetrators.Nowhere is this question more pressing than in Sierra Leone, which recently emerged from a ten-year civil war characterized by systematic, serious and widespread violations of human rights and international humanitarian law. The Government of Sierra Leone had to make a choice between these four traditional strategies for dealing with these pervasive human rights violations.
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Likhtej, Ihor. "The Events of 1956 in Hungary and the UN Position." Mìžnarodnì zv’âzki Ukraïni: naukovì pošuki ì znahìdki, no. 26 (November 27, 2017): 486–98. http://dx.doi.org/10.15407/mzu2017.26.486.
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This article covers the influence of the 1956 Hungarian Revolution on international relations, in particular on the official position of the United States, Great Britain and France. It analyses the process of discussing “the Hungarian question” at the UN Security Council and at the emergency General Assembly session. The author emphasizes the significance of the activities of the special commission for investigating events in Hungary established by the UN General Assembly in autumn 1956, as well as the great merit of the Danish diplomat Bang Jensen in investigating and formulating the text of commission’s report, which covered the struggle of the Hungarian people for freedom.
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Conrad, Mark. "The COVID-19 Pandemic, the Empowering Olympic, Paralympic, and Amateur Athletes Act, and the Dawn of a New Age of U.S. Olympic Reform." Journal of Legal Aspects of Sport 31, no. 1 (February 10, 2021): 1–59. http://dx.doi.org/10.18060/24919.
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In the fall of 2020, Congress enacted the first substantive changes in the governance of the Olympic Sports system in over four decades. The new law, The Empowering Olympic, Paralympic and Amateur Athletes Act, was passed in the wake of sexual abuse scandals that rocked certain sport governing bodies. In amending the 1978 Amateur Sports Act, the new law grants Congress the power to decertify the United States Olympic bodies, mandates greater athlete representation in governance, and increases funding to protect athletes through greater support of the U.S. Center for SafeSport. Aside from the decertification power, the most significant provision of the new law is the establishment of a Commission on the State of U.S. Olympics and Paralympics to review the governance of the United States Olympic and Paralympic Committee (“USOPC”) and make proposals for change. The Commission’s creation comes at a crucial time in U.S. Olympic governance. Due to the governance scandals, uncertain funding and the general national sports upheaval caused by the COVID-19 pandemic, this article advocates for more significant changesto the Olympic structure that the commission should consider, such as direct or indirect government funding for the USOPC and the sport governing bodies in return for adherence to more stringent transparency and ethical rules. Ideas that the Commission could consider include mandatory disclosure of information such as sponsorship agreements as well as compensation and bonus limitations for those in key leadership positions, the appointment of an inspector-general, and greater athlete involvement in the U.S. Olympic movement. The article also proposes more statutory changes such as a limited antitrust exemption and the end of special trademark protections for the USOPC.
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Arajärvi, Noora. "The Requisite Rigour in the Identification of Customary International Law." International Community Law Review 19, no. 1 (March 1, 2017): 9–46. http://dx.doi.org/10.1163/18719732-12341346.
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Over the last few decades, the methodology for the identification of customary international law (cil) has been changing. Both elements of cil – practice and opinio juris – have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This contribution discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (unga), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of cil, and the role of the unga resolutions. The underlying motivation is to assess the real or perceived crisis of cil, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of cil must be carefully asserted.
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Cittadino, Eugene. "Paul Sears and the Plowshare Advisory Committee." Historical Studies in the Natural Sciences 45, no. 3 (June 1, 2015): 397–446. http://dx.doi.org/10.1525/hsns.2015.45.3.397.
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In the late 1950s Paul Sears, director of the nation’s first graduate program in conservation, was called upon to join a special committee of leading scientists and engineers to advise the U.S. Atomic Energy Commission on its Plowshare program. Project Plowshare, a creation of scientists at the Lawrence Livermore Laboratory in California, was designed to utilize nuclear explosions for peaceful purposes, such as excavating harbors and canals, releasing mineral and gas deposits, generating electrical power, and producing radionuclides. The early focus of the Plowshare Advisory Committee was to assess the feasibility of Project Chariot, a planned experiment to use several nuclear detonations to excavate a harbor on the far northwest coast of Alaska, for which the Atomic Energy Commission, under some pressure from Alaska-based scientists, had funded a large number of preliminary environmental investigations. Despite resistance from some of the scientists, local Native American groups, and a number of individuals and organizations in the continental United States, the committee recommended going ahead with Project Chariot as well as with other Plowshare projects conceived on an even larger scale. Sears, best known for his Dust Bowl classic Deserts on the March and later for his suggestion that ecology is a subversive subject, would seem an unlikely supporter of such a program. This article explores his role on the advisory committee within the context of his life and work, and within the framework of the science-government relationship in the United States during the fifties and early sixties, before the environmental movement fully developed.
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Ferraro, Steven R., and Richard W. Powell. "The National Commission On Fiscal Responsibility And Reform: How Its Report Can Impact Marginal Tax Rates." Journal of Business & Economics Research (JBER) 9, no. 6 (May 24, 2011): 25. http://dx.doi.org/10.19030/jber.v9i6.4376.
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The United States government has a serious budget problem. In 2010 President Barack Obama created the National Commission on Fiscal Responsibility and Reform to deal with the problem by identifying policies to improve the fiscal situation. Among the Commissions recommendations was a proposal to modify payments under Social Security. For most recipients, the modifications would decrease Social Security benefits although benefits would increase for the poorest quintile of recipients. The purpose of this paper is to construct a model for evaluating the proposed shift in Social Security payments. From the perspective of Social Security recipients, the model shows the cutbacks as the partial loss of an annuity stream, as the loss of a lump sum that is capable of generating the partial annuity stream, and as a tax increase for the remainder of the recipients working years as they deposit a special tax into a retirement account designed to replace the lost benefits.
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Banta, H. David. "PERSPECTIVE: SOME CONCLUSIONS FROM MY LIFE IN HEALTH TECHNOLOGY ASSESSMENT." International Journal of Technology Assessment in Health Care 34, no. 2 (2018): 131–33. http://dx.doi.org/10.1017/s0266462318000107.
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I have worked in health technology assessment (HTA) since 1975, beginning in the United States Congress Office of Technology Assessment (OTA), where we were charged with defining “medical technology assessment”. My main concern in HTA has always been efficacy of healthcare interventions. After years in OTA, I was invited to the Netherlands in 1985, where the Dutch government invited me to head a special commission concerning future healthcare technology and HTA. From there, I became involved in over forty countries, beginning in Europe and then throughout the world. My most intense involvements, outside the United States and Europe, have been in Brazil, China, and Malaysia. During these 40-plus years, I have seen HTA grow from its earliest beginnings to a worldwide force for better health care for everyone. I have also had some growing concerns, outlined in this Perspective article. Within HTA, I am most disappointed by a narrow perspective of cost-effective analysis, which tends to ignore considerations of culture, society, ethics, and organizational and legal issues. In the general environment affecting HTA and health care, I am most concerned about the need to protect the independence of HTA activities from influences of the healthcare industries.
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Mazur, Sylwia K. "Doubtful Ally or Ally Full of Doubts? The Course of Transatlantic Relations under Donald Trump’s Presidency." Studia Europejskie - Studies in European Affairs 24, no. 2 (July 19, 2020): 9–23. http://dx.doi.org/10.33067/se.2.2020.1.
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Donald Trump’s “America-fi rst” diplomacy has undermined the foundations of many alliances, including a transatlantic relationship on which post-war liberal order would rest. Under the current American presidency, EU–US relations are facing signifi cant challenges whose implications are still far from clear. The list of discrepancies between the allies are growing ever longer and the American administration’s decisions are antithetical to those taken by Brussels and other European capitals. Divisions, among other things, have occurred over policies towards the Paris Climate Agreement, Joint Comprehensive Plan of Action and the Middle East approach. The special relationship between Europe and United States can no longer be taken for granted. In this presented paper, the author has looked beyond current political disagreements in order to focus on the long term factors underlying the “special relationship”. The rationale behind this research is the dawn of great power politics that happens during the transition from uni-to-multipolar order. America’s disengagement from (and defunding of) the global scene means that the European Union will have to adjust to a world with numerous centres of power and different sources of threat. Ursula von der Leyen announced, upon assuming office in December 2019, that she would lead a “geopolitical Commission” engaged in tackling global challenges. All of this in the face of the fi rst American administration in post-war history that opposes European integration. Due to the space limit (and deservedness for sole attention), the security and defence dimension of transatlantic cooperation will only be briefly mentioned. Regardless of any comments made by former European Commission President Jean-Claude Juncker that the European Union will not create an alternative model to NATO1, the creation of a Permanent Structure Cooperation (PESCO) and the establishing of a European Defence Fund cannot be omitted. Enhanced European defence will be essential for a “healthy transatlantic partnership with the United States”2. That partnership will, almost certainly, become more transactional.
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Stucki, Bradford. "Grandparents Raising Grandchildren in Appalachia: An Examination of Available Services." Innovation in Aging 4, Supplement_1 (December 1, 2020): 608–9. http://dx.doi.org/10.1093/geroni/igaa057.2058.
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Abstract Previous research indicates that higher numbers of grandparents raising grandchildren live in Appalachia, relative to the rest of the United States. These grandparents may have diverse needs that could benefit from services. When grandparents cannot access needed services, their well-being can be negatively affected. Using the “2017 GrandFacts: State Fact Sheets for Grandfamilies” for the 13 states defined as being part of Appalachia by the Appalachian Regional Commission, this study examined the types and availability of local services by Appalachian sub-region. Excluding state and federal public benefits, most common service types were emotional support, information and referral, financial assistance, and education. Least common service types included grandchild special health needs, legal services, and early childhood intervention. For service availability, four of the five Appalachian sub-regions had no services in over 65% of their counties. South and North Central Appalachia regions had no services in over 90% of their counties. Part of a symposium sponsored by the Grandparents as Caregivers Interest Group.
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Keshner, M. V. "Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission." Moscow Journal of International Law, no. 4 (March 23, 2020): 114–32. http://dx.doi.org/10.24833/0869-0049-2019-4-114-132.
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INTRODUCTION. The article considers the concept of a succession of states with regard to the responsibility of states, which has become the subject of discussion by the UN International Law Commission and the preparation of the relevant draft articles. The author studies the methodology of considering the topic with a view to substantiating the idea of transferability of rights and obligations in the context of the responsibility of states, which is to a certain extent contradictory, due to the limited practice of states in this area. In this regard, questions are raised as to whether the new project can solve the problem of fill ing the gap between the regimes of state succession and state responsibility.MATERIALS AND METHODS. The author made a theoretical and empirical analysis of the main sources of international law, the materials of the work of the UN International Law Commission: reports of the special reporter on the succession of states regarding state responsibility, comments and observations of states, state practice, and the practice of international courts on the subject matter. Methodological foundation of research is composed by general scientific (analysis method, synthesis method, systems approach) and private-law methods of obtaining knowledge (formal legal, comparative legal).RESEARCH RESULTS. Based on the study, it is argued that the key ILC approach – the general rule of the lack of succession in respect of international responsibility is not absolute in nature, also contains potentially conflicting aspects. The author comes to the conclusion that the concept of transferability of rights and obligations in the context of state responsibility is to a certain extent contradictory, due to the limited practice of states in this area.DISCUSSION AND CONCLUSIONS. This article highlights a number of problematic aspects of the draft articles provisionally adopted by the Drafting Committee of the United Nations International Law Commission, as well as the proposed new draft articles in the regulation of specific categories of succession of States in respect of the obligations arising from responsibility. The author concludes that the norms formulated under the theme should take into account the complex legal regime of state responsibility for internationally wrongful acts, which differs from other regimes of succession.
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Kay, Adrian, Gillian Bristow, Mark McGovern, and David Pickernell. "Fair Division or Fair Dinkum? Australian Lessons for Intergovernmental Fiscal Relations in the United Kingdom." Environment and Planning C: Government and Policy 23, no. 2 (April 2005): 247–61. http://dx.doi.org/10.1068/c38m.
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Current arguments in Australia concerning horizontal fiscal equalisation may help inform the debate in the United Kingdom concerning possible changes to the Barnett formula and the establishment of financial relations with any regional governments in England. Although Australia is a long-established federation, with mature institutions for managing the financial aspects of intergovernmental relations, the most populous states are now pushing for a per-capita-based system to replace the existing formula—based on needs and costs—overseen by the independent Commonwealth Grants Commission. This has important implications for the United Kingdom, where the Barnett formula—a per capita system for deciding annual changes in the funding for the devolved administrations—has been increasingly challenged. In particular, the Barnett system has been vulnerable to nontransparent ‘formula-bypass’ agreements. We argue that the status quo in the United Kingdom appears secure as long as England remains a single entity and the UK Treasury sees the financial implications of larger per capita expenditure in Scotland, Wales, and Northern Ireland as relatively small. However, we speculate that regionalisation of government in England would be likely to increase the pressure: to abandon the Barnett system; to look more systematically at need and cost, rather than population, as criteria for allocating funds between governments; and to move towards an Australian-type system. However, the recent experience of Australia also shows that larger states prefer a per-capita-based system allied to more political, less transparent, arrangements to deal with ‘special circumstances’. It may be that a Barnett-type formula would suit the new ‘dominant states’ in a fully federalised United Kingdom which would, ironically, create an alliance of interests between Scotland and London.
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Moskoff, William. "Charity Stamps and Famine Relief in China in the 1920s: The American Connection." Journal of American-East Asian Relations 18, no. 3-4 (2011): 321–29. http://dx.doi.org/10.1163/187656111x612122.
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AbstractWhen famine overwhelmed ?ve North China provinces in 1920, one of the ways that funds were raised to combat the disaster was through the sale of "cinderella" stamps, stamps that could not be used as legal postage but rather could be pasted onto envelopes or packages as decorations. There were two such efforts during the 1920s and both mainly sold their stamps in the United States. The first fundraising drive was organized by the American Committee for the China Famine Relief Fund which sold a 3-cent stamp, the announced cost of feeding one Chinese person for one day. This effort raised nearly $4.4 million and ceased operations in early June 1921 after only about three months of activity. The second campaign, organized by the China International Famine Relief Commission (CIFRC), was considerably less successful in raising money. It issued a wider variety of stamps, probably between 1923 and 1929 and in 1924, the CIFRC even established a special department to coordinate the sale of stamps in China and the United States, mostly during the Christmas and New Year's season. Sales were uneven and always low; even in years where there were profits, they were trivial. The sale of these stamps ceased at the end of the decade.
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Dwyer, Johanna T., and Paul M. Coates. "Why Americans Need Information on Dietary Supplements." Journal of Nutrition 148, suppl_2 (August 1, 2018): 1401S—1405S. http://dx.doi.org/10.1093/jn/nxy081.
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Abstract Until a decade ago, no dietary supplement (DS) databases with open access for public use existed in the United States. They were needed by researchers, since half of American adults use dietary DSs and, without information on supplement use and composition, exposures could not be estimated. These articles on Challenges and Future Directions for Dietary Supplement Databases describe subsequent progress. They begin by describing why information on DSs is needed by the government and how it is used to ensure the health of the public. Current developments include: application of DS information to meet public health needs; research efforts on DS quality, efficacy, and safety (as conducted by the Office of Dietary Supplements and other federal agencies); enhanced regulatory activities implemented by the FDA Office of Dietary Supplement Programs, the FDA Office of Enforcement, and the Federal Trade Commission; and initiatives for broader development and dissemination of DS databases for commercial and public use. Other contributions in this journal supplement describe the challenges of working with DSs and the progress that has been made. Additional articles describe surveys of DS use among the general US population and also among special groups such as high supplement users, illustrating why there is a need in the United States for information on supplements. Likely directions for the future of DS science are summarized.
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O'Brien, John, Barry Reisberg, and Timo Erkinjuntti. "Vascular Burden of the Brain." International Psychogeriatrics 15, S1 (July 2003): 7–10. http://dx.doi.org/10.1017/s1041610203008895.
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This supplementary issue of International Psychogeriatrics, titled “Vascular Burden of the Brain,” is the product of a special meeting of the International Psychogeriatric Association (IPA), with involvement from Alzheimer's Disease International, the World Federation of Neurology Dementia Study Group, the United States Food and Drug Administration (FDA), and the European Commission for Pharmaceutical and Medicinal Compounds (CPMP). The meeting was held in Madrid in November 2001 and was a closed gathering of many leading international experts on various aspects of vascular brain disease. Attendees included basic scientists, psychiatrists, neurologists, epidemiologists, and neuroradiologists. This wealth of expertise, both from clinicians and scientists, emphasized the necessity for interdisciplinary research into vascular disorders of the brain that affect cognition and behavior. One aim of the meeting was to produce a position paper that summarized the current situation in this field, both highlighting recent advances and identifying important areas where further progress is required. This paper, entitled “Vascular Cognitive Impairment,” has been published in Lancet Neurology (O'Brien et al., Lancet Neurology, February 2003, 2, 11–20). This issue of International Psychogeriatrics contains the individual articles submitted by participants in the special IPA meeting in November 2001.
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Karski, Karol, and Tomasz Kamiński. "Treaty-Making Capacity of Components of Federal States from the Perspective of the Works of the UN International Law Commission." Polish Review of International and European Law 5, no. 2 (January 27, 2018): 9. http://dx.doi.org/10.21697/priel.2016.5.2.01.
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The submitted paper concerns the treaty-making capacity of components of federal (non-unitary) states. As the division of powers in respect to the conclusion of international treaties between a federal state and its components is based on the provisions of internal federal law, the authors decided to start the consideration of the topic with the presentation of selected appropriate internal law regulations of federal states. Although the study concentrates on an analysis of Swiss and German constitutional rules on the subject, the provisions of i.a. Belgian, US and Canadian law are also commented upon. Therefore it apparently seems to be an important legal question.The treaty-making capacity of components of federal (non-unitary) states was comprehensively discussed during the International Law Commission preparatory works on the regulation on the law of treaties. The provisions dedicated to that issue formed part of the reports prepared by each of the ILC Special Rapporteurs on the subject. The paper presents the draft propositions submitted by them, the views of ILC members, and responses received from states.The final draft of ILC articles on the law of treaties contained a paragraph concerning the issue at stake (than art. 5 § 2 of the draft) stipulating that member states of a federal union may possess such capacity only if such capacity is admitted by the federal constitution and within the scope defined therein. Nevertheless, this issue was omitted in the 1969 Vienna Convention on Law of Treaties (VCLT). Art. 6 of the VCLT on the capacity of States to conclude treaties does not mention the rights of components of federal states. It consists of one paragraph simply stating that every State possesses the capacity to conclude treaties. And the term ‘state’ for the purposes of that regulation possesses the same meaning as i.a. in the Charter of the United Nations, that is a State for the purposes of international law, or a state in the international meaning of that term.This does not mean however that territorial units forming a part of a federal state cannot conclude international agreements. But, this issue depends both on the provisions of internal law of the given state and on the practice of the states recognising the potential rights of the components of the federal (non-unitary) states in respect to conclusion of the treaties.
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Fox, Hazel. "Commentary: The Advisory Opinion on the Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights: Who Has the Last Word on Judicial Independence?" Leiden Journal of International Law 12, no. 4 (December 1999): 889–918. http://dx.doi.org/10.1017/s092215659900045x.
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A critical analysis, considering first, the legal competence and propriety of the Court in giving an opinion pursuant to the dispute settlement machinery of the Convention on the Privileges and Immunities of United Nations, whereby advisory jurisdiction over disputes of the UN is equated to contentious jurisdiction between consenting states; and second, the effect in municipal law of a state's obligation to respect the UN Secretary-General's certificate that a UN expert is entitled to immunity from legal process. The Court preserves resort to local courts but requires communication of the UN certificate and immunity to be dealt with expeditiously as a preliminary issue.
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Fliegel, H. F. "New Possibilities in Time-Frequency Standards." Highlights of Astronomy 10 (1995): 259–65. http://dx.doi.org/10.1017/s1539299600011187.
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By invitation of Edoardo Proverbio, the President of Commission 31 (Time), this report attempts to summarize “new possibilities in time-frequency standards”. Especially because recent work in this highly specialized field is so diverse and so complex, I appreciate the support of our colleague, Dr. G. Busca, who will survey the extensive progress being made east of the Atlantic. I confine this paper to work that has appeared in the open literature from the United States and Canada.Since much of this work is proprietary, and since it is difficult to assign credit fairly, I will not attempt to give either a comprehensive or selected bibliography of references in this paper. There are three primary symposia where such work is published: (1) the annual IEEE International Frequency Control Symposia; (2) the more recently organized annual European Frequency and Time Forums; and (3) the (United States) Annual Precise Time and Time Interval (PTTI) Applications and Planning Meetings, organized jointly by the Department of Defense and NASA. The best general review of recent work on frequency standards, which appeared just before our last IAU General Assembly and is not yet outdated, is the special issue of the Proceedings of the IEEE, volume 79, no 7 (July 1991), and especially the papers “An Introduction to Frequency Standards” by Lindon L. Lewis, “Atomic Ion Frequency Standards” by Wayne M. Itano, and “Laser- Cooled Neutral Atom Frequency Standards” by Steven L. Rolston and William D. Phillips.
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FERDOWSIAN, HOPE, L. SYD M. JOHNSON, JANE JOHNSON, ANDREW FENTON, ADAM SHRIVER, and JOHN GLUCK. "A Belmont Report for Animals?" Cambridge Quarterly of Healthcare Ethics 29, no. 1 (October 4, 2019): 19–37. http://dx.doi.org/10.1017/s0963180119000732.
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Abstract:Human and animal research both operate within established standards. In the United States, criticism of the human research environment and recorded abuses of human research subjects served as the impetus for the establishment of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, and the resulting Belmont Report. The Belmont Report established key ethical principles to which human research should adhere: respect for autonomy, obligations to beneficence and justice, and special protections for vulnerable individuals and populations. While current guidelines appropriately aim to protect the individual interests of human participants in research, no similar, comprehensive, and principled effort has addressed the use of (nonhuman) animals in research. Although published policies regarding animal research provide relevant regulatory guidance, the lack of a fundamental effort to explore the ethical issues and principles that should guide decisions about the potential use of animals in research has led to unclear and disparate policies. Here, we explore how the ethical principles outlined in the Belmont Report could be applied consistently to animals. We describe how concepts such as respect for autonomy and obligations to beneficence and justice could be applied to animals, as well as how animals are entitled to special protections as a result of their vulnerability.
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Martin, David A. "Judicial Review and the Military Commissions Act: On Striking the Right Balance." American Journal of International Law 101, no. 2 (April 2007): 344–62. http://dx.doi.org/10.1017/s0002930000030116.
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Hamdan v. Rumsfeld seemed a promising example of a special form of judicial role. Abstaining from deploying its ultimate power to judge the constitutionality of an action of a political branch, the United States Supreme Court used statutory construction to give a strong nudge in a direction favorable to human rights. It negated a questionable and controversial policy—President George W. Bush’s unilateral establishment of military commissions to try terrorist suspects by means of reduced procedures—and essentially remanded the matter to Congress. The initial fruits of that remand, the Military Commissions Act (MCA), came as a disappointment. The Act cuts back on judicial review of the treatment of prisoners at Guantánamo and other U.S. detention sites overseas; it limits certain key protections available to the accused in a military commission proceeding, as compared to courts-martial; and it takes a crabbed view of the requirements of common Article 3 of the Geneva Conventions—at least as applied to the actions of U.S. agents. Nonetheless, further judicial and congressional reconsideration is certainly possible—and highly desirable.
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Braun, Benjamin, Daniela Gabor, and Marina Hübner. "Governing through financial markets: Towards a critical political economy of Capital Markets Union." Competition & Change 22, no. 2 (February 23, 2018): 101–16. http://dx.doi.org/10.1177/1024529418759476.
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Capital Markets Union is a large-scale political project to strengthen and further integrate European market-based finance. An initiative of the European Commission under Jean-Claude Juncker’s leadership, Capital Markets Union seeks to realize a long-standing goal of European policy makers: a financial system in which capital markets will absorb more of citizens’ savings and play a greater role in corporate finance. Market-based banking, too, is set to benefit from Capital Markets Union, which includes measures to revive the European securitization market. Given that market-based finance – or shadow banking – shouldered much of the blame for the financial crisis of 2007–2008, its resurgence as a policy priority of the European Union constitutes a puzzle. The present article lays the theoretical groundwork for a special issue that tackles this puzzle. It argues that rather than an end in itself, Capital Markets Union represents an exercise in ‘governing through financial markets’. Pioneered in the United States, governing through financial markets is a political strategy adopted by state actors in pursuit of policy goals that exceed their institutional capacity.
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Kolodko, G. W., and M. Postula. "Determinants and implications of the Eurozone enlargement." Voprosy Ekonomiki, no. 7 (July 28, 2018): 45–64. http://dx.doi.org/10.32609/0042-8736-2018-7-45-64.
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Aside from the United Kingdom, which is withdrawing from the European Union, only Denmark has the option of staying outside the single European currency area. All other member states which have not adopted euro as their currency have the right and obligations to do so under the Treaty of Accession. The condition to join the Eurozone is to meet all five nominal Maastricht convergence criteria and to ensure compliance of national legislation with acquis communautaire, or the EU legal order. What poses special difficulties to candidate countries is the fiscal criterion relating to the maximum allowed budget deficit. If it’s not met, the European Commission launches the Excessive Deficit Procedure, EDP. Currently, this procedure is in place for France, Spain and the United Kingdom. In 2015, EDP for Poland was lifted, but there is no certainty it won’t be imposed again at the end of the decade due to the risk of exceeding once more the threshold of public sector deficit, which stands at 3 percent GDP. It is to be expected that in the 2020s the European Monetary Union will be joined by all the countries that are still using their national currencies, including Denmark, and that the EU will be extended to include new member states, enlarging the euro area, too. Although the issue is not absolutely certain, it needs to be assumed that euro will overcome the present difficulties and come out stronger, though the economically unjustified euroskepticism of some countries, especially Poland, is not helping.
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Skuratova, A. Yu, and E. E. Korolkova. "Private military and security companies in international law." Moscow Journal of International Law, no. 4 (December 31, 2020): 81–94. http://dx.doi.org/10.24833/0869-0049-2020-4-81-94.
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INTRODUCTION. The article analyses the sources of international law, national legislation of the Russian Federation, as well as that of certain foreign States regulating the operation of private military and security companies (PMSCs) in armed conflict. The article highlights the out-comes of the work of the UN Special Rapporteurs and Working Groups to study the activity of PMSCs and the impact it had on the observance of human rights. The authors further analyze the status of PMSC personnel under international humanitarian law. The article also looks at the positions expressed by the delegations of Member States during the discussion of the 2010 Draft Convention on Private Military and Security Companies (PMSCs) and provides recommendations for developing an appropriate international regulatory framework. The authors also examined State practice of the implementation of the The Montreux Document on Pertinent International Legal Obligations and Good Practices for Statesт Related to Operations of Private Military and Security Companies During Armed Conflict related to the operation of private military and security companies during armed conflict.MATERIALS AND METHODS. The article contains an analysis of the main sources of international law, the documents drafted by the United Nations International Law Commission, special rapporteurs and working groups on the matter, and State practice. It also addresses Russian and foreign legal scholarship. From a methodological perspective, this study relied on the general scientific (analysis, synthesis, systemic approach) and private legal methods of knowledge (formal-legal, comparative legal studies).RESEARCH RESULTS. Based on the study, it is argued that an international treaty should be adopted to regulate the activities of PMSCs, which would establish mechanisms to monitor and hold PMSCs and their employees legally accountable.
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Donley, Dennis W., and Stephanie S. Potter. "Navigating the Winds of Change." Texas A&M Journal of Property Law 1, no. 3 (March 2014): 339–63. http://dx.doi.org/10.37419/jpl.v1.i3.1.
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The State of Texas leads the United States in wind energy generation capacity—it has more than twice the wind generation capacity of the next-closest state, California. If Texas was an independent nation, it would rank sixth in the world in total installed wind capacity. Texas has a rich history of legislation and regulatory effort to thank for these statistics, which reflects the knowledge that energy and infrastructure drive the economy. Starting in 1999, Texas became one of the first states to enact a Renewable Portfolio Standard (“RPS”). The RPS set a state-wide goal for new renewable energy installation with deadlines for when that goal was to be met. In addition to passing an RPS, Texas also created Competitive Renewable Energy Zones (“CREZs”). CREZs are areas of Texas that have been designated by the Public Utility Commission of Texas (“PUCT”) to receive special benefits for wind transmission and development due to their strong wind resources and large financial commitments in the region by wind developers. These programs, and several others, have helped the wind industry in Texas grow exponentially to continually reach the goals set out by the RPS long before deadlines arrive. In fact, on a recent day towards the end of March, wind generation accounted for 29% of the electricity used by most Texans.
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Musiał, Wiesław, Monika Zioło, Lidia Luty, and Kamila Musiał. "Energy Policy of European Union Member States in the Context of Renewable Energy Sources Development." Energies 14, no. 10 (May 15, 2021): 2864. http://dx.doi.org/10.3390/en14102864.
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As a consequence of increasing air pollution, the European Commission has decided to introduce special directives laying down the measures to achieve climate and energy neutrality. Renewable energy (RE) sources play an important role in the pursuit of these goals, which has been taken into account in the 2030 Agenda for Sustainable Development. The aim of this article is to describe patterns and trends in the achievements of the energy policy of European Union (EU) countries in the field of renewable energy in sustainable development. The identification of leaders in this field gives the possibility to analyse actions taken by the governments of these countries and the possible implementation of the introduced solutions on the ground of individual Member States at the regional and national levels. At the beginning Main goal of energy policy on the field of renewable energy sources (RES) is to increase production from environmentally friendly sources that is why trends were determined in order to assess the rate of achievement of the national target for changes the share of energy from renewable sources in total gross energy consumption. Groups of similar countries were then identified on the basis of three indicators corresponding to the targets set in the climate and energy package. In the group of analysed countries, 14 have achieved the 2020 targets and 4 have exceeded the 2030 targets. The main renewable energy sources (RES) are biofuels, wind, and hydropower. In the assessment of the achievement of energy policy targets, the best situation was observed in the case of Denmark, Ireland, and the United Kingdom. These countries have significantly increased the share of renewable energy in total energy consumption. Compared to other EU countries, they have reduced the economy’s energy consumption and greenhouse gas emissions the most.
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Kolodko, Grzegorz W., and Marta Postula. "Determinants and implications of the eurozone enlargement." Acta Oeconomica 68, no. 4 (December 2018): 477–98. http://dx.doi.org/10.1556/032.2018.68.4.1.
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To join the Eurozone (EZ), a candidate country has to fulfil five nominal Maastricht convergence criteria and ensure compliance of national legislation with the acquis communautaire. With this regard special difficulties pose the fiscal criterion relating to the maximum allowed budget deficit of 3 per cent of GDP. If it is not met, the European Commission launches the Excessive Deficit Procedure. Currently, such formula applies to France, Spain and the United Kingdom. Although the issue is not absolutely certain, one can assume that euro will weather the present difficulties and will come out stronger, though the economically unjustified Euro scepticism of some countries is not helping. It may be expected that in the 2020s the European Monetary Union will be joined by all countries that are still using their national currencies and that the EU will be extended to include new member states, enlarging the euro area further. In this article authors are discussing the issue whether Poland will join the EZ in the coming years, considering the challenges of meeting all Maastricht criteria, on the one hand, and the reluctance of the government to give up the national currency, on the other. A mixed method combining the results of qualitative and quantitative research has been used to empirically verify the research question presented.
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Rantanen, Jorma, Franklin Muchiri, and Suvi Lehtinen. "Decent Work, ILO’s Response to the Globalization of Working Life: Basic Concepts and Global Implementation with Special Reference to Occupational Health." International Journal of Environmental Research and Public Health 17, no. 10 (May 12, 2020): 3351. http://dx.doi.org/10.3390/ijerph17103351.
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Twenty years ago, the International Labour Organization (ILO) launched a new strategy, the Decent Work Agenda, to ensure human-oriented development in the globalization of working life and to provide an effective response to the challenges of globalization. We searched for and analysed the origin of the Decent Work concept and identified the key principles in ILO policy documents, survey reports, and relevant United Nations’ (UN) documents. We also analysed the implementation of the Decent Work Country Programmes (DWCPs) and examined the available external evaluation reports. Finally, we examined the objectives of the ILO Decent Work Agenda and the Decent Work targets in the UN 2030 Agenda for Sustainable Development in view of occupational health. In two thirds of the ILO’s Member States, the Decent Work Agenda has been successfully introduced and so far fully or partly implemented in their DWCPs. The sustainability of the Decent Work approach was ensured through the UN 2030 Agenda, the ILO Global Commission Report on the Future of Work, and the ILO Centenary Declaration. However, objectives in line with the ILO Convention No. 161 on Occupational Health Services were not found in the DWCPs. Although successful in numerous aspects in terms of the achievement of the Decent Work objectives and the UN Sustainable Development Goals (SDGs), the Decent Work Agenda and the Decent Work Country Programmes need further development and inclusion of the necessary strategies, objectives, and actions for occupational health services, particularly in view of the high burden of work-related diseases and, for example, the present global pandemic. In many countries, national capabilities for participation and implementation of Decent Work Country Programmes need strengthening.
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Seck, Sara L. "Canadian Mining Internationally and the UN Guiding Principles for Business and Human Rights." Canadian Yearbook of international Law/Annuaire canadien de droit international 49 (2012): 51–116. http://dx.doi.org/10.1017/s0069005800010328.
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SummaryBetween 2005 and 2011, there was much debate, both within Canada and at the United Nations (UN), over what role home states should play in the regulation and adjudication of human rights harms associated with transnational corporate conduct. In Canada, this debate focused upon concerns related to global mining that led to a series of government, opposition and multi-stakeholder reports and proposals. These culminated in 2010 with the appointment of an Extractive Sector Corporate Social Responsibility Counsellor and the defeat of Bill C-300, An Act Respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries. Meanwhile, at the UN Human Rights Commission/Council, John G. Ruggie was appointed Special Representative to the UN Secretary-General on Business and Human Rights (SRSG). Ruggie’s work led to the 2008Protect, Respect and Remedy: A Framework for Business and Human Rightsand the 2011Guiding Principles for Business and Human Rights(the latter designed to “operationalize” the former). While both documents highlight state duties to protect against human rights violations by businesses and the need for access to remedies by victims, the role of home states in this regard was contested. This article compares the developments in Canada between 2005 and 2011 with the work of the SRSG in relation to the home state duty to protect human rights in the transnational corporate context. It also offers reflections on the implications of the inevitability of industry and industry lawyer participation for the development of home state legal obligations.
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Orozco Espinel, Camila. "U.S. Economics and the Quest for Scientific Authority (1932–1957)." Erasmus Journal for Philosophy and Economics 12, no. 1 (July 24, 2019): 145–49. http://dx.doi.org/10.23941/ejpe.v12i1.392.
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This thesis studies the way in which economists have sought to establish the scientific authority of their discipline during the period before and after World War II in the United States. The research shows how the quest for scientific authority by economists gave rise to new concepts and notions, instruments of control, and calculation methods. Such developments contributed material and symbolic advantages to the discipline in the academic world and the broader academic sphere. By establishing itself as a type of knowledge which is at once abstract, technical and empirical, economics consolidated as a discipline capable of producing universal knowledge, of articulating the academic world and the practical sphere, and of establishing its qualifications as an applied domain for policy-making. The analysis focuses on three of the institutions at the pinnacle of the discipline in the American academic world: the Cowles Commission, the Economics department of the Massachusetts Institute of Technology, and the Economics department of the University of Chicago. By studying the standardization of the PhD program in economics, this research also studies the process of reaching a consensus within the discipline as related to the quest for the special status of 'science'. Rooted in the social history of science, this study contributes to the analysis of standards which influence today’s research, teaching, and professional activity of economists.
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Bickle, Andy. "Proposed Reforms to Partial Defences and their Implications for Mentally Disordered Defendants." International Journal of Mental Health and Capacity Law 1, no. 17 (September 8, 2014): 38. http://dx.doi.org/10.19164/ijmhcl.v1i17.260.
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<p align="LEFT">Partial defences are special defences only available in England & Wales to defendants charged with murder. They include provocation, diminished responsibility, infanticide and killing pursuant to a suicide pact. These are known as the ‘voluntary manslaughters’ where homicide with intent otherwise sufficient for murder (‘malice aforethought’) is reduced to manslaughter because of defined mitigating circumstances. Provocation and diminished responsibility have proved most problematic and will be the focus of this article. The mitigating factors arise from abnormal mental states, and psychiatric evidence has been at the centre of disputes regarding these defences. In this journal, Kerrigan set out recent problems that have developed with provocation in case law. The degree to which mental disorder can be considered when deciding the standard of behaviour required of the defendant who pleads ‘provocation’ has fluctuated markedly in recent years. Diminished responsibility, on the other hand, has aroused concern, inter alia, over its expansive use to cover a wide range of mental conditions, and the frequency with which expert psychiatrists comment on the ‘ultimate issue’ of whether all limbs of the test are met. Both problems might be said to arise from vague terms in the statutory definition that are incompatible with contemporary psychiatric practice.</p><p align="LEFT">Following the controversial case of R v Smith (Morgan James), which permitted mental disorder a much greater effect on provocation, the United Kingdom Government asked the Law Commission to consider and report on the law and practice of the partial defences provided for by the Homicide Act 1957. This progressed to investigation into wider homicide law and a process of consultation and review which has now passed to the Ministry of Justice. This paper will outline briefly the review process before considering in greater detail the current proposals for new definitions of provocation and diminished responsibility. The Commission would like these to exist within a radically re-structured law of homicide. The implications for mentally disordered defendants and therefore expert psychiatric opinion will be considered.</p>
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Tennant, P. A., C. G. Norman, and A. H. Vicory. "The Ohio River Valley Water Sanitation Commission's Toxic Substances Control Program for the Ohio River." Water Science and Technology 26, no. 7-8 (October 1, 1992): 1779–88. http://dx.doi.org/10.2166/wst.1992.0621.
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The Ohio River Valley Water Sanitation Commission (ORSANCO) is an interstate agency created in 1948 to administer a state compact which calls for the abatement of water pollution in the Ohio Valley. Since 1975, ORSANCO has conducted routine monitoring programs to detect the presence of toxic chemicals in the Ohio River and in fish taken from the river. Such information is particularly important as the Ohio River, a major river in the United States, serves as a water supply to over three million people and is used extensively for recreational purposes. The monitoring results have shown several problems: contamination of fish tissue by PCBs and chlordane, concentrations of certain metals which exceed chronic aquatic life criteria in 10 to 25 percent of the samples analyzed, and levels of certain volatile organic compounds which exceeded criteria established to prevent one additional cancer per one million population in almost half the samples analyzed. In 1986, the Commission initiated a Toxic Substances Control Program which was designed to identify sources of the toxics problems and prescribe corrective actions. Because of the multitude of potential sources of toxics along the Ohio, the river was divided into seven segments for intensive study. To date, studies have been initiated on four segments. In addition, special topic studies have been conducted on the river as a whole to address the suitability of the river as a source of drinking water, trends in parameter levels, and the relationship between surface and ground water quality. Findings to date:Point source discharges to the river do not cause widespread toxics problems.Nonpoint sources, including urban runoff and contaminated ground water, are significant sources of toxics to the river.Levels of certain toxics in tributaries are also an important source.Under “normal ” situations (i.e., excluding spills), the Ohio River provides a suitable source water for public supply after appropriate treatment.Levels of many metals and volatile organic compounds have decreased over the past 10 years.
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Ustinov, A. B., and I. E. Loshchilov. "The Great War and Siberian Memory: Georgy Vyatkin in an American Poetry Anthology of 1916." Studies in Theory of Literary Plot and Narratology 15, no. 2 (2020): 106–28. http://dx.doi.org/10.25205/2410-7883-2020-2-106-128.
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The essay is dedicated to a rather extraordinary episode in the literary biography of the Siberian poet Georgy Vyatkin (1885–1938), when one of his poems was translated by the American social worker Alice Stone Blackwell (1857–1950) and published in 1916 in the magazine “The Russian Review.” The authors carefully reconstruct political and ideological contexts of this publication, directly linked to the United States’ entry into the Great War. They pay special attention to the literary and social activities of Alice Stone Blackwell. They discuss what place Vyatkin’s poem “To the Descendants’ took in Vyatkin’s literary biography in the time of the Great War. In 1914 he became a front-line correspondent for the Kharkov newspaper “Utro.” By 1915 he was drafted as a “ratnik” (soldier) by the army, and further served as an assistant within the medical and nutritional detachment under the command of another poet, Sasha Chernyi (Alexander Glikberg; 1880‒1932). Throughout the Great War, Vyatkin created an œuvre of literary works in verse and prose, which also includes his poem “To Descendants,” that was published in the magazine “Europe’s Messenger” and translated into English. Vyatkin revised some of his war poems after the Revolution, and adapted them to the circum- stances of the Civil War, from the perspective of the “White” press. At the same time, he became the Secretary of the War Archives Commission, which was created in 1918 under the leadership of the folklorist Ivan Ulyanov (1876–1937), who collected evidence of the modern memory of the Great War.
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Amlie, Thomas T. "Do As We Say, Not As We Do: Teaching Ethics In The Modern College Classroom." American Journal of Business Education (AJBE) 3, no. 12 (December 1, 2010): 95–104. http://dx.doi.org/10.19030/ajbe.v3i12.969.
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In the past decade, there has been an increasing level of distress over the perceived lack of ethics exhibited by members of the accounting profession. This distress has resulted in a call for a greater emphasis on ethics coverage as part of a college-level accounting education. However, one could argue that the various organizations that are leading these calls, and the academic institutions which are charged with implementing this enhanced ethical education, often suffer from ethical failings of their own. The purpose of this paper is to examine the degree to which these organizations “practice what they preach.” Recent history is rife with examples of ethical shortcomings on the part of accounting professionals; Enron, Worldcom, and Tyco come to mind as examples which have received extensive media coverage. The resultant public concern over ethics in accounting has led several governmental and professional bodies to mandate or promote codes of ethical conduct. The Congress of the United States, the Securities and Exchange Commission, the American Institute of Certified Public Accountants, and other bodies have all made public pronouncements which explicitly insist upon the importance of ethical behavior. Similarly, many education-related organizations (i.e., universities and accrediting bodies) have taken the position that education in ethics is an essential part of any college-level education. Finally, although the Financial Accounting Standards Board (FASB), which formulates generally accepted accounting practices for commercial firms in the United States, has not made an explicit statement regarding the importance of ethics, the standards which they promulgate are the measure of what is and is not adequate financial disclosure. Since a failure to follow generally accepted accounting principles is usually thought of as misleading and hence, an ethical violation, it could be argued that the FASB is, in fact, charged with “codifying” ethical behavior as far as financial disclosure is concerned. All of the organizations mentioned above can be criticized, to some extent, for ethical failings of their own. Political bodies, such as the Congress and the Securities and Exchange Commission, can often be accused of bowing to special interests and entities which enforce codes of ethics (whether the AICPA in accounting or the American Bar Association in the legal profession or the AMA in the medical profession) are often justly accused of turning a blind eye to all but the most egregious behavior of their members. The FASB, while ostensibly independent, is also subject to pressures in its standard setting process. Finally, the educational establishment has exhibited ethical shortcomings of its own. These problems run from well-publicized institution-wide problems in discrimination and college athletics down to the individual class and faculty member who engages in less-than-ethical behaviors. The paper will examine the recent ethical failings in business and the resultant calls for greater ethical behavior on the part of the accounting profession. A brief summary of some of the literature related to ethical education and development will then be presented. After this, the behaviors of the various regulatory, standard setting and educational institutions will be examined to determine the extent to which their individual behaviors coincide with their stated positions on ethical behavior and the degree to which these behaviors match the standards that we are encouraged to teach to our students.
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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 2, no. 2 (April 30, 2016): 124. http://dx.doi.org/10.26417/ejis.v2i2.p124-128.
Full textAbstract:
This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.
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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 4, no. 2 (April 30, 2016): 124. http://dx.doi.org/10.26417/ejis.v4i2.p124-128.
Full textAbstract:
This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.
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Ivanova, O., and M. Senkiv. "ACCESSIBLE TOURISM FOR ALL IN THE EUROPEAN UNION." Bulletin of Taras Shevchenko National University of Kyiv. Geography, no. 74 (2019): 66–74. http://dx.doi.org/10.17721/1728-2721.2019.74.12.
Full textAbstract:
The Global Code of Ethics for Tourism promotes the right of all people to equality in access to contemplate the resources of the planet, which, in turn, is the main principle of accessible tourism for all. Modern approaches to understanding the concepts of accessible tourism for all are analyzed in this paper. Accessible tourism for all means that any tourism product should be designed irrespective of age, gender and ability and with no additional costs for customers with disabilities and specific access requirements. Role of the principles of universal design for accessible tourism for all is characterized. In contrast to the concept of accessibility, which only applies to low-mobility categories of the population and focuses on physical access to transport and buildings, as well as access to information, the concept of universal design emphasizes creating the same conditions convenient for all users, without impersonating some of them. Three main prerequisites for the development of accessible tourism for all in the European Union are determined and characterized, in particular, existing accessibility legislation and standards at the global, European and national levels, population ageing and increase in the number of people with disabilities. There is the problem in Ukraine of the lack of accessibility standards for tourism facilities and services, so it is important to learn the experience of the European Union. The European Union population is aging and this trend will continue in the future. This phenomenon is a major challenge for the society, but at the same time, it also represents a great opportunity for local businesses and for the whole European economy. Elderly people (65 years and older) are encouraged to travel by different motives: visiting relatives, gaining cultural or gastronomic experience, they are interested in traveling on cruise ships, relaxing on the coast, participating in sports events or ethnic holidays. They tend to spend more while traveling and stay longer. Tourists with disabilities, above all, make travel decisions based on the opinions of their friends, and rely less on special offers aimed at them. Online offers and printed brochures of travel agencies influence their decision at the same level. France and the United Kingdom have the most disabled people in the EU. The European Union is the main tourism destination in the world. Five its member states (France, Spain, Italy, Great Britain, Germany) belong to the top ten countries of the world on arrival of tourists. The map of the most accessible cities of the European Union is created and the quantitative distribution of these cities by country of ownership is presented. France, Germany and Sweden are leaders in the European Union by the number of the most accessible cities in 2011-2018. Among the 23 most accessible cities, only five are the capitals of states. At the same time, the city of Ljubljana in Slovenia was twice noted by the European Commission as one of the most accessible. Elements of the tourism chain include: tourism destination management; tourism information and advertising (preparation, information and booking); urban and architectural environments; modes of transport and stations; accommodation, food service and conventions; cultural activities (museums, theatres, cinemas, and other); other tourism activities and events. On the basis of the theory of accessibility chain structure and the tourism chain, the best practices of accessible tourism for all are analyzed using the example of the city of Lyon – the great business center in France, which in 2018 was recognized by the European Commission accessible in the European Union.
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Shmygol, Nadiia, Olga Galtsova, and Iryna Varlamova. "DEVELOPING A METHODOLOGY TO ASSESS THE ENVIRONMENTAL AND ECONOMIC PERFORMANCE INDEX BASED ON INTERNATIONAL RESEARCH TO RESOLVE THE ECONOMIC AND ENVIRONMENTAL PROBLEMS OF UKRAINE." Baltic Journal of Economic Studies 4, no. 4 (September 2018): 366–74. http://dx.doi.org/10.30525/2256-0742/2018-4-4-366-374.
Full textAbstract:
The urgency of the research. Developing a new approach to economic and environmental problems grounded on the need to form new awareness and responsibility makes it necessary to conduct an in-depth study of the causes and nature of such problems at the current stage of the national economic development. The problem of developing and substantiating indices in countries such as the United Kingdom, Canada, the United States, is decided by special institutes. At the international level, numerous agencies, organizations, and committees such as WHO, UN, UNESCO, OECD, the World Bank, the European Commission, the Committee on Environmental Modelling (ISEM) are addressing this issue. For a comprehensive assessment of the sustainability of development, take into account the socio-economic and environmental indicators, as well as separate a group of institutional indicators. But for Ukraine, it is impossible to identify the links that require more attention and material support for raising the level of development both nationally and globally. Consequently, the method of calculating the index of sustainable development, taking into account the peculiarities of the functioning of the national economy, needs to be reconsidered and improved. Target setting. Both the state and the enterprises ignored the issues of environmental pollution, which gradually led to a threatening situation for the economy and the environment. Meanwhile, in the current context, economic and environmental problems remain unresolved and are increasingly deepening. Uninvestigated parts of general matters defining. Analysis of the resource potential revealed the urgent need to develop a clear and functioning mechanism of economic and environmental development, shaping the ecological awareness of the nation as a whole, managers and policy-makers, improving and transforming the existing regulatory framework and environmental legislation, as well as the corporate environmental management systems, in particular, based on the environmental performance index. The research objective. The goal of this article is to study the nature of economic and environmental problems of the industrial enterprises and to develop a model of the regional environmental and economic performance index aimed at reducing the environmental costs of the economic growth, ensuring the environmental sustainability of the region, and mitigating the harms in terms of public health. The statement of basic materials. There is evidence proving that the economic problems are mainly caused by the lack of attention to environmental issues. It is proved that to resolve the abovementioned problems, first, there is a need to develop the national economic and environmental awareness based on the national context, using international standards and introducing the best practices of international organizations. Conclusions. Thus, the strategic approach to ensure the sustainable socio-economic development of the country from the standpoint of the economic and environmental model is a transition from the implementation of separate measures to the development and implementation of an economic and environmental concept of the comprehensive public production rationalization.
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Van Der Vyver, Johan. "The Protection and Promotion of a People’s Right to Mineral Resources in Africa: International and Municipal Perspectives." Law and Development Review 11, no. 2 (June 26, 2018): 739–55. http://dx.doi.org/10.1515/ldr-2018-0036.
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Abstract Development programs in many African countries include the reallocation of land and the nationalization of mineral resources for the benefit of less privileged communities in those countries. Implementing these programs is, however, quite complicated. This paper pays special attention to the confiscation of the land of white farmers in Zimbabwe as part of a development program, and the rapid decline of the economy of that country in consequence of this program. It serves as a reminder that depriving landowners of their property rights is counterproductive and is therefore not a feasible development strategy. As far as the right to explore natural resources is concerned, the paper highlights the repeated resolutions of the United Nations proclaiming the “inalienable right of all states freely to dispose of their natural resources in accordance with their national interests” as an inherent aspect of sovereignty [e.g. G.A. Res. 626, 7 U.N. GAOR, Supp. (No. 20), at 18, U.N. Doc. A/2361 (1952).], with occasional reminders that developing countries were in need of encouragement “in the proper use and exploitation of their natural wealth and resources” [e.g. E.S.C. Res. 1737, 54 U.N. ESCOR, Supp., No. 1 (1973).]. These resolutions were adopted in the context of the decolonization policy of the United Nations and were mainly aimed at denouncing the exploitation of the mineral resources of African countries by colonial powers [G.A. Res. 2288, 22 U.N. GAOR, Supp. (No. 16), at 48, U.N. Doc. A/6716 (1967)., para 3]. The emphasis of international law relating to the natural resources over time also emphasized the right to self-determination of peoples. As early as 1958, the General Assembly, in a resolution through which the Commission on Permanent Sovereignty over Natural Resources was established, stated that the “permanent sovereignty over natural wealth and resources” of states is “a basic constituent of the right to self-determination” [G.A. Res. 1314, 13 U.N. GAOR, Supp. (No. 18), at 27, U.N. Doc. A/4090 (1958).]. The African Charter on Human and People’s Rights similarly provides “All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it” [Art 21(1)]. This provision featured prominently in several judgments of courts of law, such as the one of the South African Constitutional Court in the case of Bengwenyama Minerals (Pty) Ltd & Others v Gemorah Resources (Pty) Ltd & Others [2011] (3) BCLR 229 (CC) (3) BCLR 229 (CC) and of the African Court of Human and People’s Rights in the case of Social and Economic Rights Action Centre (SERAC) v Nigeria (2001) AHRLR 60 (ACHPR 2001), Communication 155/96, 15th Annual Report. AHRLR 60 (Social and Economic Rights Action Centre (SERAC) v Nigeria (2001) AHRLR 60 (ACHPR 2001), Communication 155/96, 15th Annual Report.) Communication 155/96. In view of these directives of international law, the paper will critically analyze the South African Mineral and Petroleum Resources Development Act 28 of 2002, which deprived landowners of the ownership of unexplored minerals and petroleum products and proclaimed mineral and petroleum resources to be “the common heritage of all the people of South Africa” with the state as the custodian thereof.