Siga este link para ver outros tipos de publicações sobre o tema: Diffuse rights.
Artigos de revistas sobre o tema "Diffuse rights"
Crie uma referência precisa em APA, MLA, Chicago, Harvard, e outros estilos
Veja os 50 melhores artigos de revistas para estudos sobre o assunto "Diffuse rights".
Ao lado de cada fonte na lista de referências, há um botão "Adicionar à bibliografia". Clique e geraremos automaticamente a citação bibliográfica do trabalho escolhido no estilo de citação de que você precisa: APA, MLA, Harvard, Chicago, Vancouver, etc.
Você também pode baixar o texto completo da publicação científica em formato .pdf e ler o resumo do trabalho online se estiver presente nos metadados.
Veja os artigos de revistas das mais diversas áreas científicas e compile uma bibliografia correta.
1
Zylbersztajn, D. "Reallocation of property rights in agro-food systems: addressing diffuse stakeholders' rights". Journal on Chain and Network Science 12, n.º 1 (1 de janeiro de 2012): 1–12. http://dx.doi.org/10.3920/jcns2012.x211.
Texto completo da fonteResumo:
Stakeholders are individuals who can substantially affect the decision-making and sharing part of the value created by firms. This paper explains how parties that have not exercised cooperative production efforts, hold decision-making rights and share rights to the value created. The objective of this paper is to present a theoretical explanation for the existence of stakeholder activity, based on the property rights theory. In addition, the paper explores examples of development banks and a system of certification of sustainable forest production, exploring strategic implications. The paper is organized into four parts. Following the introduction, part two presents a selective literature review, part three presents a property rights allocation model and part four presents cases and conclusions.
2
Buergenthal, Thomas. "The Evolving International Human Rights System". American Journal of International Law 100, n.º 4 (outubro de 2006): 783–807. http://dx.doi.org/10.1017/s0002930000031894.
Texto completo da fonteResumo:
Few, if any, branches of international law have undergone such dramatic growth and evolution as international human rights in the one hundred years since the founding of the American Society of International Law. This branch of international law did not really come into its own until after World War II. Before then, what today we would broadly characterize as human rights law consisted of diffuse or unrelated legal principles and institutional arrangements that were in one way or another designed to protect certain categories or groups of human beings. Included in this mix prior to World War I were state responsibility for injuries to aliens, international humanitarian law (as we know it today), the protection of minorities, and humanitarian intervention.
3
Sajó, András. "Diffuse rights in search of an agent: A property rights analysis of the firm in the socialist market economy". International Review of Law and Economics 10, n.º 1 (maio de 1990): 41–59. http://dx.doi.org/10.1016/0144-8188(90)90004-d.
Texto completo da fonte
4
Glackin, Shane Nicholas. "BACK TO BUNDLES: DEFLATING PROPERTY RIGHTS, AGAIN". Legal Theory 20, n.º 1 (4 de fevereiro de 2014): 1–24. http://dx.doi.org/10.1017/s1352325213000153.
Texto completo da fonteResumo:
Following Wesley Hohfeld's pioneering analyses, which demonstrated that the “folk” concept of ownership conflated a variety of distinct legal relations, a deflationary “bundle theory” regarding those relations as essentially unconnected held sway for much of the subsequent century. In recent decades, this theory has been thought too diffuse; it seems counterintuitive to insist, for instance, that rights of possession and alienation over a property are associated only contingently. Accordingly, scholars such as James Penner and James Harris have advanced theories that revive the concept of ownership, identifying some instances of property as “paradigmatic,” and regarding others as conceptually subsidiary. I propose a new interpretation of the bundle theory, based on David Lewis's idea of “Humean supervenience” among physical particles. I critically examine the major antibundle positions, arguing that their criticisms result from confusion about the claims of the bundle theory, which remains the best account of property rights available.
5
Inkeles, Alex, e Jon C. Hooper. "A century of Procedural Due Process Guarantees in Constitutions Worldwide". Tocqueville Review 14, n.º 2 (janeiro de 1993): 3–52. http://dx.doi.org/10.3138/ttr.14.2.3.
Texto completo da fonteResumo:
We here report the results of a content analysis focussed on the due process rights or guarantees which were provided to citizens under all the national constitutions extant in the world at 20 year intervals during the period from 1870 to 1970. Our study had three objectives. First, we sought to test the assumption that the granting of procedural guarantees by national constitutions was. over time, both being expanded within countries and being diffused worldwide across all countries, thus providing additional examples of the tendency for institutional forms to diffuse around the world and consequently for nation states to converge in their institutional structures and practices, tendencies already observed and documented in other realms such as the family, education, and retirement.
6
SILVA, SANDRA REGINA MOTA, e BERNARDO ARANTES DO NASCIMENTO TEIXEIRA. "URBAN AND ENVIRONMENTAL MANAGEMENT CHALLENGES CONSIDERING TRANSFORMATIONS IN PROPERTY LAW IN BRAZIL". Ambiente & Sociedade 20, n.º 4 (dezembro de 2017): 1–18. http://dx.doi.org/10.1590/1809-4422asoc212r2v2042017.
Texto completo da fonteResumo:
Abstract Hegemony of private property in Brazil is undergoing transformations which have made its absolute nature relative. Both in the urban and environmental fields, notions arising from reflections and practices, and mirrored in a number of legal frameworks, have brought new ideas to debate, as well as land and environmental management practices. The contributions made by the National Environmental Policy Act of 1981, the Federal Constitution of 1988, the City Statute of 2001, among other normative regulations, have led to different consequences, including in the field of private individual rights, collective rights and diffuse rights. Based on the guiding principle behind legislation, we attempt to discuss the conflicts and contradictions found in different types of property rights and their close ties with land ownership and home ownership, affecting the universe of reflections and practices of planning, as well as land and environmental management.
7
Shroff, Kersi B. "The British Constitution and the Movement for a Modern Bill of Rights". International Journal of Legal Information 15, n.º 3-4 (agosto de 1987): 99–108. http://dx.doi.org/10.1017/s0731126500020734.
Texto completo da fonteResumo:
It took the incisive pen of H.G. Wells to provide a simple understanding of the diffuse and arcane British constitution:Nobody planned the confounded constitution. It came about; … but you see it came about so happily in a way, it so suited the climate and temperament of our people and our island, it was on the whole so cosy, that our people settled down into it. You can't help settling down into it.The purpose of this paper is to briefly look at some aspects of the constitution that the British “settled down into” and to examine arguments calling for the incorporation of a written declaration of individual rights.
8
Crawford. "Access to Justice for Collective and Diffuse Rights: Theoretical Challenges and Opportunities for Social Contract Theory". Indiana Journal of Global Legal Studies 27, n.º 1 (2020): 59. http://dx.doi.org/10.2979/indjglolegstu.27.1.0059.
Texto completo da fonte
9
Stryker, Robin. "Political Economy and Working Law". Law & Social Inquiry 44, n.º 4 (11 de outubro de 2019): 1231–40. http://dx.doi.org/10.1017/lsi.2019.53.
Texto completo da fonteResumo:
ABSTRACTLauren B. Edelman’s Working Law: Courts, Corporations, and Symbolic Civil Rights (2016) offers an empirically supported theory of legal endogeneity, explaining how managerialized ideas of compliance with employment discrimination legislation diffuse in organizational fields and shape judicial doctrine. Managerialization and legal endogeneity explain how and why equality-promoting civil rights legislation may do little to reduce workplace inequalities. This essay places Edelman’s theory within a broader terrain of opportunities and limits of law for promoting egalitarian change. Managerialization is not always detrimental to enhancing workplace race and gender equality. However, typically reinforcing logics of market capitalism and liberal legality often make it so, while blocking reforms countering judicial deference to managerialized compliance.
10
Vitorelli, Edilson, e Matheus Rodrigues Oliveira. "O Fundo Federal de Defesa dos Direitos Difusos e o desvio de finalidade na aplicação de seus recursos". Revista de Direito Administrativo 278, n.º 3 (20 de dezembro de 2019): 221. http://dx.doi.org/10.12660/rda.v278.2019.80836.
Texto completo da fonteResumo:
<p>The Federal Fund in Defense of Diffuse Rights and the misuse of its resources</p><p> </p><p>Este artigo analisa, empiricamente, a gestão Fundo Federal de Defesa dos Direitos Difusos (FDD), mecanismo de reparação fluida dos direitos coletivos lesados e não reparados, criado pela Lei nº 7.347, de 1985. O exame do problema demonstra que, embora a arrecadação de receitas tenha sido elevada, ao longo dos últimos anos, a União não aplica os recursos aportados ao fundo, mantendo-os em caixa com o objetivo de realizar políticas públicas de superávit, não relacionadas com a origem dos recursos. Conclui que esse comportamento viola a Constituição e a própria razão de existir do fundo.</p><p> </p><p>This paper, using empirical data, analyses the administration of the Federal Fund for Diffuse Rights (FDD), which is intended, in Brazil, as a mechanism to indemnify groups whose rights have been violated and not redressed. The Fund was created by Law 7.347 of 1985. Our examination of the topic shows that, although substantial revenues amounts have been collected for the fund in the last few years, the money has not been used by the federal government for the purpose intended, but has been withheld in order to comply with public policy for a budget surplus. The paper concludes that this behavior violates the constitution and the very cause of the fund’s existence.</p>
11
Gurowitz, Amy. "Mobilizing International Norms: Domestic Actors, Immigrants, and the Japanese State". World Politics 51, n.º 3 (abril de 1999): 413–45. http://dx.doi.org/10.1017/s0043887100009138.
Texto completo da fonteResumo:
In recent years immigrant rights have increasingly been examined in an international context. An important theme in these discussions has been the question of whether, and if so how, states are constrained in developing immigrant and immigration policies. Some scholars argue that states are constrained by international human rights standards, while others, skeptical of this position, focus on a wide range of arguments at the domestic level of analysis. The skeptics are right that those asserting the impact of international human rights standards on immigrant policy have not demonstrated their importance domestically. International norms and standards do not diffuse automatically or consistently across states, and there has been too little detailed process tracing to illustrate the mechanisms of norm diffusion and therefore to move beyond correlation. To do so requires attention to the domestic actors who mobilize international norms and to the specific domestic circumstances in which they operate. This article examines a hard case by studying the impact of international human rights standards on policies toward Koreans and more recent migrant workers in Japan. In this case international norms matter. But they do not matter in a mysterious or automatic way. Domestic actors use international norms in context-specific environments to back up and make arguments for which they have few domestic resources. This is not a story of international versus domestic politics, nor is it a story about a paralyzed state. State actors are actively involved in the process of integrating international standards domestically, and the author examines how those standards work their way into the political process.
12
Waller, Lisa, e Kerry McCallum. "How television moved a nation: media, change and Indigenous rights". Media, Culture & Society 40, n.º 7 (1 de fevereiro de 2018): 992–1007. http://dx.doi.org/10.1177/0163443718754650.
Texto completo da fonteResumo:
This article examines the role of television in Australia’s 1967 referendum, which is widely believed to have given rights to Aboriginal and Torres Strait Islander peoples. It presents an analysis of archival television footage to identify five stories that moved the nation: Australia’s shame, civil rights and global connections, admirable activists, ‘a fair go’ and consensus. It argues that television shaped the wider culture and opened a channel of communication that allowed Indigenous activists and everyday people to speak directly to non-Indigenous people and other First Nations people throughout the land for the first time. The referendum narrative that television did so much to craft and promote marks the shift from an older form of settler nationalism that simply excluded Indigenous people, to an ongoing project that seeks to recognise, respect and ‘reaccredit’ the nation-state through incorporation of Indigenous narratives. We conclude that whereas television is understood to have ‘united’ the nation in 1967, 50 years later seismic shifts in media and society have made the quest for further constitutional reform on Indigenous rights and recognition more sophisticated, diffuse, complex and challenging.
13
Kenna, Padraic. "Can housing rights be applied to modern housing systems?" International Journal of Law in the Built Environment 2, n.º 2 (13 de julho de 2010): 103–17. http://dx.doi.org/10.1108/17561451011058762.
Texto completo da fonteResumo:
PurposeThe purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world.Design/methodology/approachThe paper sets out the principal instruments and commentaries on housing rights developed by the United Nations, regional and other bodies. It assesses their relevance in the context of contemporary analysis of housing systems, organized and directed by networks of legal and other professionals within particular domains.FindingsHousing rights instruments are accepted by all States across the world at the level of international law, national constitutions and laws. The findings suggest that there are significant gaps in the international law conception and framework of housing rights, and indeed, human rights generally, which create major obstacles for the effective implementation of these rights. There is a preoccupation with one element of housing systems, that of subsidized or social housing. However, effective housing rights implementation requires application at meso‐, micro‐ and macro‐levels of modern, dynamic housing systems as a whole. Epistemic communities of professionals develop and shape housing law and policy within these domains. The housing rights paradigm must be further fashioned for effective translation into contemporary housing systems.Research limitations/implicationsThe development of housing rights precedents, both within international and national law, is leading to a wide and diffuse corpus of legislation and case law. More research is needed on specific examples of effective coupling between housing rights and elements of housing systems.Originality/valueThis paper offers housing policy makers and lawyers an avenue into the extensive jurisprudence and writings on housing rights, which will inevitably become part of the lexicon of housing law across the world. It also highlights the limitations of housing rights implementation, but offers some new perspectives on more effective application of these rights.
14
Cole, Wade M. "A Civil Religion for World Society: The Direct and Diffuse Effects of Human Rights Treaties, 1981-20071". Sociological Forum 27, n.º 4 (9 de novembro de 2012): 937–60. http://dx.doi.org/10.1111/j.1573-7861.2012.01363.x.
Texto completo da fonte
15
GEURTS, Emiel. "Between Brussels, Strasbourg, and London: The European Strategy of Amnesty International’s Dutch Section, 1976-1983". Journal of European Integration History 27, n.º 2 (2021): 285–302. http://dx.doi.org/10.5771/0947-9511-2021-2-285.
Texto completo da fonteResumo:
This article examines the ties between Amnesty International’s Dutch section, the European Parliament, and the Parliamentary Assembly of the Council of Europe between 1976 and 1983. It elaborates on the threefold manner in which analysing the Dutch section’s European strategy adds to the existing historiography on European integration. First, this article illustrates that the European strategy of Amnesty was diffuse among its national and international sections, therefore problematising the approach to such transnational actors as monolithic organisations. Instead, secondly, this article demonstrates that it was the Dutch section specifically that functioned as interlocutor between the European organisations through its attempt to closely intertwine the two on the field of human rights. Finally, this deepens our understanding of how the European organisations operated in the “human rights revolution” that took place in the 1970s and 1980s.
16
Stephan, Rita. "Not-So-Secret Weapons: Lebanese Women’s Rights Activists and Extended Family Networks". Social Problems 66, n.º 4 (26 de dezembro de 2018): 609–25. http://dx.doi.org/10.1093/socpro/spy025.
Texto completo da fonteResumo:
Abstract This study asks one crucial question: How do Lebanese women apply available social capital and informal social networks to engage in political activism for women’s rights? Building on social- and women’s-movement theories, I argue that Lebanese feminists do not exclusively operate in the public sphere in their fight for political goals, nor do they privilege only the extra-family space. On the contrary, they engage in political activities by using extended family networks as a form of weak social ties. I construct this argument on the basis of interviews, observations, and analysis of Lebanese feminists’ writings. This paper introduces the concept of mahsoubieh as a form of weak social ties generated within connective family networks. Specifically, I examine how elite, intellectual, and middle-class Lebanese women activists use the positive social capital generated by mahsoubieh to gain credibility, diffuse their political stances, and develop countervailing power. Aspects such as the size, reputation, and respectability of their kinship networks aided the Lebanese women in their fight to change the legal structure concerning women’s rights and political representation.
17
Vachev, A. N., V. K. Koryttsev, V. Yu Sherbatenko, S. S. Skupchenko e A. M. Krasnoslobodtsev. "INDICATIONS FOR THE PROGRAMMED REMEDIAL RELAPAROTOMIES IN DIFFUSE PERITONITIS". Grekov's Bulletin of Surgery 178, n.º 5 (26 de dezembro de 2019): 89–94. http://dx.doi.org/10.24884/0042-4625-2019-178-5-89-94.
Texto completo da fonteResumo:
INTRODUCTION. Diffuse peritonitis remains a topical problem of modern medicine and is still associated with high mortality. The OBJECTIVE of this work was to develop an objective and easy-to-perform method for determining the indications for programmed relaparotomy in patients with diffuse peritonitis on the basis of determining the aggressiveness of its course.MATERIAL AND METHODS. The work was based on the results of treatment of 100 patients with diffuse peritonitis. Depending on the pH of the exudate of the peritoneal cavity, the patients were divided into 2 groups. The first group consisted of patients with pH value of peritoneal exudate more than 6.2 (75 patients), and the second group consisted of patients with pH value of peritoneal exudate 6.2 and less (25 patients).RESULTS. As a result of the treatment in group I, the mortality rate was 12.0 %. In group II, the mortality rate was 56.0 %. The difference was statistically significant (p<0.001). In group I, 4 patients underwent relaparotomy (5.3 %), and in group II, 17 patients underwent relaparotomy (68.0 %). The difference was statistically significant (p<0.001).CONCLUSION. We concluded that at pH value of exudate 6.2 or less and the absence of obvious clinical improvement, the patient had been showed to performance the programmed remedial relaparotomy no later than 48 hours from the first operation.The authors declare no conflict of interest.The authors confirm that they respect the rights of the people participated in the study, including obtaining informed consent when it is necessary, and the rules of treatment of animals when they are used in the study. Author Guidelines contains the detailed information.
18
Perlingeiro, Ricardo. "Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights". British Journal of American Legal Studies 10, n.º 1 (1 de abril de 2021): 1–25. http://dx.doi.org/10.2478/bjals-2020-0015.
Texto completo da fonteResumo:
Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.
19
Leal Espinoza, José Luis. "Expectativas y desafíos de la instauración del modelo de control difuso de constitucionalidad en México | Expectations and challenges of the establishment of the diffuse constitutionality control model in Mexico". Revista Justiça do Direito 32, n.º 1 (15 de maio de 2018): 99–119. http://dx.doi.org/10.5335/rjd.v32i1.7859.
Texto completo da fonteResumo:
Expectativas y desafíos de la instauración del modelo de control difuso de constitucionalidad en México Resumen: El presente artículo tiene como objetivo analizar las expectativas y desafíos de la instauración del modelo de control difuso de constitucionalidad en México. Inicialmente se examina el control difuso de constitucionalidad, seguido por el control concentrado de constitucionalidad. Se aborda con atención el modelo concentrado como sistema imperante en México a partir de la interpretación realizada por la Suprema Corte de Justicia de la Nación del artículo 133 constitucional. Posteriormente, se trata de la instauración del modelo de control difuso a partir de la reforma constitucional en materia de derechos humanos y el expediente varios 912/2010. Al final, se evalúan las expectativas y desafíos de un sistema de control mixto en el Estado mexicano. Palabras-clave: Control difuso de constitucionalidad. Control concentrado de constitucionalidad. Control mixto de constitucionalidad. México. Reforma Constitucional. Suprema Corte de Justicia de la Nación. _____ Expectations and challenges of the establishment of the diffuse constitutionality control model in Mexico Abstract: The objective of this article is to analyze the expectations and challenges of the establishment of the diffuse constitutional control model in Mexico. Initially, the diffuse control of constitutionality is examined, followed by the concentrated control of constitutionality. The concentrated model is addressed with attention as the prevailing system in Mexico based on the interpretation made by the Supreme Court of Justice of the Nation of article 133 of the Constitution. Subsequently, it deals with the establishment of the diffuse control model based on the constitutional reform on human rights and the file number 912/2010. In the end, the expectations and challenges of a mixed control system in the Mexican state are evaluated. Keywords: Diffuse control of constitutionality. Concentrated control of constitutionality. Mixed control of constitutionality. Mexico. Constitutional reform. Supreme Court of Justice of the Nation.
20
Watts, Nicole F. "Allies and Enemies: Pro-Kurdish Parties in Turkish Politics, 1990–94". International Journal of Middle East Studies 31, n.º 4 (novembro de 1999): 631–56. http://dx.doi.org/10.1017/s0020743800057123.
Texto completo da fonteResumo:
Preventing the development of an ethnic Kurdish cultural and political movement has been a priority of the Turkish state since the Kurdish-led Shaykh Said Rebellion of 1925.' Nevertheless, beginning around 1959 this effort was steadily if slowly undermined, and events of the past ten years suggest that it has indeed failed. Not only have Kurdish activists gained some measure of international recognition for themselves and for the concept of Kurdish ethnic rights,2 but promoting the notion of specifically Kurdish cultural rights has almost become a standard litany for a wide array of Turkish civic and state actors, from Islamist political parties to business organizations, human-rights groups, prime ministers, and mainstream newspaper columnists. Although the separatist Kurdistan Workers Party (PKK) and its insurgency against Turkey have claimed a great deal of academic and popular attention, it is these diffuse but public re-considerations of minority rights taking place within legitimate Turkish institutions have contributed the most to the sense that past policies of coping with the “Kurdish reality” are ultimately unsustainable, and that it may be difficult, if not impossible, to return to the climate of earlier years, when discussions of ethnic difference were suppressed, limited to the private realm, or confined to the fringes of radical politics.
21
Bernstein, Steven. "The absence of great power responsibility in global environmental politics". European Journal of International Relations 26, n.º 1 (5 de julho de 2019): 8–32. http://dx.doi.org/10.1177/1354066119859642.
Texto completo da fonteResumo:
Great powers routinely face demands to take on special responsibilities to address major concerns in global affairs, and often gain special rights for doing so. These areas include peace and security, global economic management, development, and egregious violations of human rights. Despite the rise in the importance and centrality of global environmental concerns, especially climate change and issues covered by the new Sustainable Development Goals, norms or institutions that demand or recognize great power responsibility are notably absent. This absence is puzzling given expectations in several major strands of International Relations theory, including the English School, realism, liberalism, and constructivism. Drawing on the reasoning behind these expectations, the absence of great power responsibility can be explained by a lack of congruence between systemic and environmental “great powers,” weak empirical links between action on the environment and the maintenance of international order, and no link to special rights. Instead, the institutionalized distribution of environmental responsibilities arose out of North–South conflict and has eroded over time, becoming more diffuse and decentered from ideas of state responsibility. These findings suggest a need to rethink the relationship among great powers and special rights and responsibilities regarding the environment, as well as other new issues of systemic importance.
22
AYOUB, PHILLIP M., DOUGLAS PAGE e SAM WHITT. "Pride amid Prejudice: The Influence of LGBT+ Rights Activism in a Socially Conservative Society". American Political Science Review 115, n.º 2 (25 de janeiro de 2021): 467–85. http://dx.doi.org/10.1017/s0003055420001082.
Texto completo da fonteResumo:
How do mass publics react to lesbian, gay, bisexual, and transgender (LGBT+) advocacy efforts in socially conservative societies? We consider how the first-ever LGBT+ Pride in Sarajevo, Bosnia and Herzegovina influences ordinary citizens’ attitudes and behavior regarding LGBT+ support. Using nationwide and local panel surveys, we find that support for LGBT+ activism increased locally after the Pride but did not diffuse nationwide, signaling how proximity mechanisms reinforce Pride effects. In survey experiments, we show that subjects are responsive to both mobilization and counter-mobilization appeals by local activists. We also find evidence from a behavioral experiment that the Pride had a positive effect on shifting the allocation of financial resources toward local pro-LGBT+ activists and away from opposition groups. Finally, in-depth interviews with local LGBT+ activists underscore the challenges facing LGBT+ activism in socially conservative societies but also point to the substantial possibilities of collective action on behalf of minorities at risk.
23
Aparecido Bastos Almeida, Gabriel. "A TUTELA JURISDICIONAL COLETIVA E O SISTEMA DE PRECEDENTES NO DIREITO BRASILEIRO". Colloquium Socialis 2, Especial 2 (1 de dezembro de 2018): 106–12. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0264.
Texto completo da fonteResumo:
The advent of the social state caused the emergence of rights of a collective nature and mass conflicts, making it necessary to create mechanisms for collective tutelage, given the incapacity of the classical process to promote the adequate protection of these new litigation. Aiming to solve this situation, a system of collective tutelage has been created, whose objective is the protection of diffuse, collective and individual homogeneous rights. However, this system proved incapable of solving the excessive number of demands that overwhelm the Judiciary, which has made it necessary to establish a system of binding precedents in order to achieve greater consistency and stability in the jurisprudence. In view of this context, the present study aimed to analyze the Brazilian system of collective tutelage, through the examination of collective actions and procedural incidents of resolution of repetitive cases that are part of the Brazilian precedent system. The methodology followed the deductive method, using doctrinal and legal research on the researched topic.
24
Barnartt, Sharon N. "The Arab Spring Protests and Concurrent Disability Protests: Social Movement Spillover or Spurious Relationship?" Studies in Social Justice 8, n.º 1 (2 de abril de 2014): 67–78. http://dx.doi.org/10.26522/ssj.v8i1.1039.
Texto completo da fonteResumo:
Protests from different social movements sometimes coincide, but does that mean that one movement is influencing the other and increasing its “action mobilization,” or are different sets of factors causing the coincident protests? This paper examines that question in reference to two sets of coincident protests: those of people with disabilities and those of the pro-Democracy protests of 2011. It shows that, although disability protests did not start at the same time as the pro-Democracy protests, a number happened during and after, and in close physical proximity to, those protests. Neither set of protests acknowledged or referred to the other. While it is likely that a new law in Egypt and the UN Convention on the Rights of Persons with Disabilities were among the mobilizing factors for people with disabilities, it also appears that the language of “rights” began to diffuse from the pro-Democracy protests to the disability protests.
25
Hasan, Syezlin, Line Block Hansen, James C. R. Smart, Berit Hasler e Mette Termansen. "Tradeable Nitrogen Abatement Practices for Diffuse Agricultural Emissions: A ‘Smart Market’ Approach". Environmental and Resource Economics 82, n.º 1 (18 de março de 2022): 29–63. http://dx.doi.org/10.1007/s10640-022-00657-2.
Texto completo da fonteResumo:
AbstractMarkets in pollution permits for managing environmental quality have been advocated by economists since early 1970s as a mechanism that can deliver pollution reduction targets at lower cost to regulated entities than traditional uniform command-and control approaches. This study explores whether a ‘smart market’ cap-and-trade scheme between non-point sources can offer meaningful, robust and policy amenable, advantages over alternative approaches for nitrogen management in a realistic setting: 6504 individual farms in Limfjorden catchment, Denmark. The scheme involves multilateral trading of nitrogen emission rights among farms via changes in agricultural land management practices under a catchment-level cap on total nitrogen load. In this, the first exploration of non-point to non-point smart market nitrogen trading in a real setting, we estimate efficiency gains compared to uniform command-and-control regulation, explore the robustness of these gains in the face of non-participation, and reflect on farmers’ potential acceptance of the trading market in comparison with its command-and-control analog: spatially-targeted regulation, implemented via location-specific limits on nitrogen leaching. Results indicate that the smart market has the potential to substantially reduce the cost of meeting the catchment’s nitrogen reduction target. For a 21.5% reduction from baseline nitrogen load, the market delivers cost savings of 56% (DKK273 million, €36.6 million) compared to uniform regulation, with participating farms realising a mean net benefit of DKK 723/ha (€ 97/ha). Market performance is relatively robust against transaction cost; when delivering a 21.5% reduction in nitrogen load to Limfjorden, approximately 70% of the overall efficiency gain could be retained if only 24% of farms engaged with the market.
26
Prymachonak, G. "EVOLUTIONARY AND INSTITUTIONAL GROUNDS, WHICH HAVE CHANGED THE ROLE AND FUCTIONS OF A FAMILY IN MODERN BELARUSSIAN SOCIETY". Экономическая наука сегодня, n.º 12 (5 de novembro de 2020): 19–29. http://dx.doi.org/10.21122/2309-6667-2020-12-19-29.
Texto completo da fonteResumo:
This article presents the generalization of the historical and institutional patterns of development of a family as a complex multifunctional diffuse type of organization. Family’s main functions (social, cultural, economic and ideological) and qualitative characteristics (subject of law, value of family social capital, dynastic continuity of traditions, welfare, family property’s dimension, consolidation of family power, and trust within family relations) are revealed. The research defined the outline and consequences of a formed institutional fracture (diametrical change of development trajectory). To reduce this fracture, the measures are suggested, which consist of refinement of rights and obligations of a family and its members as a subject, based on juridical reinforcement of a specific type of legal entity.
27
Barros, Andrea Almeida, Luciana Turatti e André Jasper. "Sustainable Recovery of the Taquari River Riparian Forest: Public Ministry in the Defense of Collective Interests". International Journal of Social Science Studies 8, n.º 3 (29 de abril de 2020): 132. http://dx.doi.org/10.11114/ijsss.v8i3.4798.
Texto completo da fonteResumo:
Riparian forest, an Area of Permanent Preservation, has suffered anthropic pressure for decades, which makes its recovery imperative. To preserve it, the Constitution has established the responsibility of the Public Prosecutor's Office to ensure diffuse environmental rights. Therefore, under the 1965 Forest Code, the Program for the Sustainable Development of Riparian Forest of Taquari River (PRSMCRT in the Portuguese acronym) was implemented in 14 marginal municipalities, whose areas are part of the Atlantic Forest Biome supported by methodology which was developed for it observing the regional characteristics and coordinated by the Public Ministry of the Rio Grande do Sul State (MPRS). This paper uses a qualitative approach with bibliographic research and analysis of the documents. It is exploratory in its objectives, descriptive about the methodology referred and purposeful in the end, because shows the results of the documentary analysis carried out by the Civil Inquiry that covered the Program and records the methodology developed by UNIVATES for the recovery the riparian area, which served as a basis for combining the required environmental protection, albeit in a smaller area than the legally foreseen in that time, with the constitutional right to property. Results show the recovery of riparian zones after the MPRS and counties work defending the collective rights. The other hand, researches need to be developed in the riparian zone of Taquari river to verify the efficient of the methodology which was created and applied in the PRSMCRT, especially about ecosystem services. Regardless of that, it is possible to replicate the global idea elsewhere.
28
Dancy, Geoffrey Thomas. "The hidden impacts of the ICC: An innovative assessment using Google data". Leiden Journal of International Law 34, n.º 3 (14 de maio de 2021): 729–47. http://dx.doi.org/10.1017/s0922156521000194.
Texto completo da fonteResumo:
AbstractCommentators now regularly declare that the International Criminal court (ICC) – and international criminal law as a whole – is in crisis. It is certainly the case that the ICC faces a number of operational challenges, and that these challenges worry its defenders. However, one unexamined rationalist assumption is that the Court’s inability to deliver consistent outputs will mean waning influence. This article explores an alternative constructivist theory that the ICC produces diffuse social impacts that are not necessarily tied to its operating effectively. This theory is tested statistically using Google Trends data. Specifically, the article examines whether ICC intervention in a country is associated with more internet search for ‘human rights’. Taking this to be a measure of changing discourse in countries, the article finds that some types of ICC involvement are associated with a far higher interest in human rights, and that this interest only increases as ICC involvement extends in time. In short, despite its disappointments, evidence suggests that the ICC still serves a socio-pedagogical function. Though it does not fit well within a rational evaluation framework, this kind of information should be considered in ICC performance reviews.
29
Raschig, Megan. "Triggering Change: Police Homicides, Community Healing, and the Emergent Eventfulness of the New Civil Rights". Cultural Anthropology 32, n.º 3 (19 de agosto de 2017): 399–423. http://dx.doi.org/10.14506/ca32.3.07.
Texto completo da fonteResumo:
In the spring and summer of 2014, both before and after Ferguson, four police officer–involved shootings of unarmed Latino men occurred in the often criminalized and mostly Mexican enclave of East Salinas, California. These deaths at the hands of state agents created significant triggers for many locals—knee-jerk reactions to present stimuli in relation to difficult and diffuse past experiences—generating unprecedented, and sometimes unacknowledged, affective and ethical responses among those who have long abided countless unresolved gang-related deaths in the city. The official downplaying of the deaths as something that “never happens here” stood in contrast to resident responses that stressed the ongoing, if less overt, occurrence of state disregard. Such disparity, as registered in many East Salinans’ triggers, indicates the relative eventfulness of state violence that is both slow and ongoing, in addition to occasionally spectacular, in criminalized communities in late liberal America. As a concept imported from psychology in the general mainstreaming of discourses of trauma, triggers are conceptualized here instead as socially generated and ethically generative, a way of marking and making time and transforming the systematic exhaustion of criminalized life into a political resource. Tracing these temporal tripwires ethnographically in East Salinas, in light of a local social project of healing, illuminates the affective and ethical impetus to both political engagement and disengagement in persistently criminalized communities of color as they encounter police homicides and state violence, refracting the proliferating project of making lives matter.
30
Petronoti, Marina. "Weaving Threads between the Ethnic and the Global". Anthropological Journal of European Cultures 19, n.º 2 (1 de setembro de 2010): 129–48. http://dx.doi.org/10.3167/ajec.2010.190210.
Texto completo da fonteResumo:
This article addresses hairdressing as a forum in which African women running small salons in Athens negotiate identity and raise claims to modernity. The specificity of their entrepreneurial activities lies in that they occur at a time when the incorporation of ethnic modes of adornment in Western fashion captures Greeks' interest, but prevailing policies curtail the rights of displaced populations and look down upon their traditional performances. In this sense, my analysis touches upon issues of analytical importance to the ethnography on immigration in Greece. It exemplifies how African entrepreneurs diffuse seeds of their cultural legacy in the lifestyle of otherwise dismissive hosts as well as the multiple repercussions that their involvement in a major domain of consumption have on stereotypical imageries of and attitudes towards the Other.
31
Carnegie, Allison, e Cyrus Samii. "International Institutions and Political Liberalization: Evidence from the World Bank Loans Program". British Journal of Political Science 49, n.º 4 (31 de agosto de 2017): 1357–79. http://dx.doi.org/10.1017/s0007123417000187.
Texto completo da fonteResumo:
How do international institutions affect political liberalization in member states? Motivated by an examination of the World Bank loans program, this article shows that institutions can incentivize liberalization by offering opportunities for countries to become associated with advanced, wealthy members. In the World Bank, when a loan recipient reaches a specified level of economic development, it becomes eligible to graduate from borrower status to lender status. Using a regression discontinuity design, the study demonstrates that this incentive motivates states to improve their domestic behavior with respect to human rights and democracy. Combining qualitative and quantitative evidence, the results suggest that the desire to become a member of this elite group is responsible for motivating member states to reform due to the belief that such membership brings diffuse international and domestic benefits.
32
Essén, Anna, e Sara Winterstorm Värlander. "How Materiality Enables and Constrains Framing Practices: Affordances of a Rheumatology E-Service". Journal of Management Inquiry 28, n.º 4 (13 de março de 2018): 458–71. http://dx.doi.org/10.1177/1056492618760722.
Texto completo da fonteResumo:
Framing has been presented as a way for micro-level actors to change and diffuse innovations. However, most framing studies have given primacy to language, whereas the role of material artifacts has been largely ignored. The aim of this study is to conceptualize and illustrate how the materiality of technology enables and constrains framing practices. We use empirical data about the development and diffusion of an e-service in the Swedish rheumatology setting from 2000 to 2014. Our results show how three different material features of the technology (data content, user rights, and system integration) initially afforded two different framings of the technology: normalizing and radicalizing framings. The material features, however, lost their ability to afford radicalizing framings over time, along with changes in the collective-action frames governing the field studied.
33
Shiraishi Neto, Joaquim. "A proteção do conhecimento tradicional no contexto da globalização do Direito". Revista Pós Ciências Sociais 16, n.º 31 (29 de novembro de 2019): 209. http://dx.doi.org/10.18764/2236-9473.v16n31p209-228.
Texto completo da fonteResumo:
Para atender os interesses de um “poder global difuso”, os países ricos em biodiversidade passaram a reformar suas leis de proteção da natureza, já que ela é tida como “vantagem comparativa” em relação aos demais países. O direito cumpre um papel estratégico nesse cenário, ao construir uma unidade global dos dispositivos, “homogeneizando” estruturas, leis e procedimentos; e legitimando essa nova ordem. No Brasil, as leis de proteção da natureza têm sido reformadas, decompondo o seu conteúdo jurídico. Este artigo objetiva analisar a lei 13.123/2015, que se encontra inserida na lógica denominada “globalização do direito americano”. A pretexto da necessidade de reformar a medida provisória 2.186/2001, aquela lei modificou a proteção, o acesso e a repartição dos benefícios. A metodologia se baseou no levantamento e análise de dados de fontes secundárias, como documentos e tratados – especificamente: a Convenção sobre a Diversidade Biológica, o Protocolo de Nagoya, e o projeto da referida lei.Palavras-chave: Conhecimento tradicional. Biodiversidade. Protocolo de Nagoya. “Globalização do direito americano”. Pilhagem da natureza.The protection of traditional knowledge in the context of globalization of lawAbstractIn order meet the interests of a “diffuse global power”, biodiversity-rich countries have reformed their nature protection rights, as it is seen as a “comparative advantage” compared to other countries. The law plays a estrategic role in this scenario, by building a global unit of devices, “homogenizing” structures, righs and procedures; and legitimizing this new order. In Brazil, nature protection right have been reformed, breaking down their legal contente. This article aims to analyze right 13.123/2015, which is inserted in the logic called “globalization of american law”. Under the pretext of the need to reform provisional measure 2.186/ 2001, that right modified the protection, acess and distrbution of benefits. The methodology was based on the collection and analysis of data from secondary sources, such as documents and treaties – specifically: the convention on biological diversty, the nagoya protocol, and project of said right.Keywords: Traditional knowledge. Biodiversity. Protocol of Nagoya. Globalization of american law. Plunder of nature.
34
Zhang, Qingyuan, Jingxuan Wang e Jincai Wang. "Biweekly CHOP therapy improves therapeutic effect in the non-GCB subtype of diffuse large B-cell lymphoma". Open Medicine 2, n.º 4 (1 de dezembro de 2007): 488–98. http://dx.doi.org/10.2478/s11536-007-0041-3.
Texto completo da fonteResumo:
AbstractCHOP (cyclophosphamide, doxorubicin, vincristine and prednisone) is accepted as the best available standard treatment for diffuse large B-cell lymphoma (DLBCL) patients; however, the therapeutic efficacy seems unsatisfactory. Additional rituximab will improve the cure rate, but it is not popular in China because of its increased medical cost. Germinal center B-cell (GCB) and non-GCB subtypes distinction have been described as independent prognostic factors, and provides likelihood for cure with chemotherapy. The aim of the study is to explore the association between Immunophenotype and treatment regimen. Between August 2003 and May 2006, 66 patients with DLBCL were enrolled, according to immunohistochemistry results (GCB and non-GCB phenotype), randomly assigned to receive either six to eight cycles of CHOP every 2 weeks or standard CHOP every 3 weeks. After a median follow-up duration of 32 months (range of 4 to 42 months), an estimated 3-year overall survival (OS) rate for the GCB patients were 68.2% and 55.6% for the biweekly CHOP regimen and standard CHOP regimen respectively, while the data were 62.8% and 37.9% respectively for the non-GCB cases. The biweekly CHOP therapy showed higher efficacy than standard treatment, and its superiority was more obvious with the non-GCB subgroup. All rights reserved.
35
Deveaux, Monique. "The Global Poor as Agents of Justice". Journal of Moral Philosophy 12, n.º 2 (21 de março de 2015): 125–50. http://dx.doi.org/10.1163/17455243-4681029.
Texto completo da fonteResumo:
“Agent-centered” approaches to global poverty insist that effective arguments for poverty reduction must specify the concrete duties of particular duty-bearers. This article takes up a recent, influential, version of this view, Thomas Pogge’s human rights-based argument for global economic reforms to reduce chronic deprivation. While signaling a welcome shift from the diffuse allocation of responsibilities common to much philosophical writing on poverty, I argue that Pogge’s approach too readily assigns to powerful institutions in the global North the role of devising and directing anti-poverty initiatives. In so doing, he overlooks the agency—actual and potential—of the poor themselves, as evidenced by poor-led political movements and poor-centered, participatory models of poverty reduction in development theory and practice. While agent-oriented approaches are right to focus our attention on structures that cause poverty, they ought not to assume that the powerful agents responsible for these are the only—or most appropriate—agents to lead the way to poverty reduction. Just as development organizations working in the global South have come to recognize that the participation of poor communities is critical to the success of development strategies, so should normative theorists writing about global injustice acknowledge the importance of the poor as active agents in poverty reduction efforts.
36
Finnemore, Martha. "Legitimacy, Hypocrisy, and the Social Structure of Unipolarity". World Politics 61, n.º 1 (18 de dezembro de 2008): 58–85. http://dx.doi.org/10.1017/s0043887109000082.
Texto completo da fonteResumo:
Despite preponderant power, unipoles often do not get their way. Why? Scholars interested in polarity and the systemic structures determined by the distribution of power have largely focused on material power alone, but the structure of world politics is as much social as it is material. In this article the author explores three social mechanisms that limit unipolar power and shape its possible uses. The first involves legitimation. To exercise power effectively, unipoles must legitimate it and in the act of legitimating their power, it must be diffused since legitimation lies in the hands of others. The second involves institutionalization. A common way to legitimate power is to institutionalize it. Institutionalizing power in rational-legal authorities fundamentally transforms it, however. Once in place, institutions, laws, and rules have powers and internal logics of their own that unipoles find difficult to control. The third relates to hypocrisy. The social structures of legitimation and insti tutionalization do more than simply diffuse power away from the unipole; they create incentives for hypocrisy. Hypocrisy is a double-edged sword for unipoles. On the one hand, unrestrained hypocrisy by unipoles undermines the legitimacy of their power. On the other hand, judicious hypocrisy can provide crucial strategies for melding ideals and interests. Indeed, honoring social ideals or principles in the breach can have long-lasting political effects, as decades of U.S. hypocrisy about democratization and human rights suggest.
37
Rosenfeld, Richard M., Lance Brown, C. Ron Cannon, Rowena J. Dolor, Theodore G. Ganiats, Maureen Hannley, Phillip Kokemueller et al. "Clinical practice guideline: Acute otitis externa". Otolaryngology–Head and Neck Surgery 134, n.º 4_suppl (abril de 2006): S4—S23. http://dx.doi.org/10.1016/j.otohns.2006.02.014.
Texto completo da fonteResumo:
OBJECTIVE: This guideline provides evidence-based recommendations to manage diffuse acute otitis externa (AOE), defined as generalized inflammation of the external ear canal, which may also involve the pinna or tympanic membrane. The primary purpose is to promote appropriate use of oral and topical antimicrobials and to highlight the need for adequate pain relief. STUDY DESIGN: In creating this guideline, the American Academy of Otolaryngology-Head and Neck Surgery Foundation (AAO-HNSF) selected a development group representing the fields of otolaryngology-head and neck surgery, pediatrics, family medicine, infectious disease, internal medicine, emergency medicine, and medical informatics. The guideline was created with the use of an explicit, a priori, evidence-based protocol. RESULTS: The group made a strong recommendation that management of AOE should include an assessment of pain, and the clinician should recommend analgesic treatment based on the severity of pain. The group made recommendations that clinicians should: 1) distinguish diffuse AOE from other causes of otalgia, otorrhea, and inflammation of the ear canal; 2) assess the patient with diffuse AOE for factors that modify management (nonintact tympanic membrane, tympanostomy tube, diabetes, immunocompromised state, prior radiotherapy); and 3) use topical preparations for initial therapy of diffuse, uncomplicated AOE; systemic antimicrobial therapy should not be used unless there is extension outside of the ear canal or the presence of specific host factors that would indicate a need for systemic therapy. The group made additional recommendations that: 4) the choice of topical antimicrobial therapy of diffuse AOE should be based on efficacy, low incidence of adverse events, likelihood of adherence to therapy, and cost; 5) clinicians should inform patients how to administer topical drops, and when the ear canal is obstructed, delivery of topical preparations should be enhanced by aural toilet, placing a wick, or both; 6) when the patient has a tympanostomy tube or known perforation of the tympanic membrane, the clinician should prescribe a nonototoxic topical preparation; and 7) if the patient fails to respond to the initial therapeutic option within 48 to 72 hours, the clinician should reassess the patient to confirm the diagnosis of diffuse AOE and to exclude other causes of illness. And finally, the panel compiled a list of research needs based on limitations of the evidence reviewed. CONCLUSION: This clinical practice guideline is not intended as a sole source of guidance in evaluating patients with AOE. Rather, it is designed to assist clinicians by providing an evidence-based framework for decision-making strategies. It is not intended to replace clinical judgment or establish a protocol for all individuals with this condition and may not provide the only appropriate approach to the diagnosis and management of this problem. SIGNIFICANCE: This is the first, explicit, evidence-based clinical practice guideline on acute otitis externa, and the first clinical practice guideline produced independently by the AAO-HNSF. © 2006 American Academy of Otolaryngology-Head and Neck Surgery Foundation, Inc. All rights reserved.
38
DÜR, ANDREAS, e DIRK DE BIÈVRE. "Inclusion without Influence? NGOs in European Trade Policy". Journal of Public Policy 27, n.º 1 (18 de janeiro de 2007): 79–101. http://dx.doi.org/10.1017/s0143814x0700061x.
Texto completo da fonteResumo:
The actions of nongovernmental organisations (NGOs) concerned with such issues as development, human rights, and the protection of the environment voicing concerns to public authorities raises the questions: Do these newly mobilised societal actors influence EU trade policy outcomes? We answer in the negative, arguing that such groups, which have diffuse costs and benefits from trade policies, do not dispose of resources with which they can threaten or enhance political actors' chances of re-election or re-appointment. A survey of NGOs and business groups as well as two in-depth case studies on the negotiations concerning the EU's Economic Partnership Agreements and the EU's policy on access to medicines in developing countries support our reasoning. The analysis shows that although NGOs have gained access to policy-makers, they have largely failed to shift policy outcomes in their favour.
39
Christenson, Dino P., e David M. Glick. "Reassessing the Supreme Court: How Decisions and Negativity Bias Affect Legitimacy". Political Research Quarterly 72, n.º 3 (18 de setembro de 2018): 637–52. http://dx.doi.org/10.1177/1065912918794906.
Texto completo da fonteResumo:
While the Supreme Court’s legitimacy is generally considered essential to its influence, scholars continue to debate whether the Court’s decisions affect individuals’ assessments of it. The last week of the 2013 term provides an unusual opportunity to evaluate these issues because the Court made a conservative decision concerning the Voting Rights Act (VRA) only one day before it made a liberal one about same-sex marriage. We use original panel data of individuals’ views throughout this period, including a wave collected on the day between the two decisions, to investigate the links among decisions and legitimacy. We find that diffuse support for the Court is sensitive to decisions in these two salient cases conditional on individuals’ ideological distance to the Court and their policy support. Moreover, the negative effects of an unfavorable decision are stronger than the positive effects of a favorable one.
40
Caine, Ken J. "Bourdieu in the North: Practical Understanding in Natural Resource Governance". Canadian Journal of Sociology 38, n.º 3 (20 de março de 2013): 333–58. http://dx.doi.org/10.29173/cjs10127.
Texto completo da fonteResumo:
Natural resource management (NRM) analyses often avoid understanding environmental governance as arising from and shaped by social practices and power relations in resource conflicts, contested property rights, and political-economic strategies. I examine a northern Canadian Aboriginal community’s experience of a structured yet dynamic socio-cultural response to a period of social and political change. Drawing from Pierre Bourdieu’s conception of social practice I suggest that a diffuse, or less-determinist, theory of practice may help explain how power relations are interwoven throughout yet applied differentially in NRM governance. Drawing on ethnographic research on northern watershed management and protection of Aboriginal cultural landscapes, I propose the notion of practical understanding to explain the ways government resource managers and community leaders challenge and negotiate one another’s conceptions of environmental governance in a duel process of cooperation-conflict.
41
Aranda Álvarez, Elviro. "Derecho constitucional económico: estabilidad presupuestaria y derechos sociales // Constitutional economic Law: Budget stability and Social rights." Revista de Derecho Político 1, n.º 100 (20 de dezembro de 2017): 881. http://dx.doi.org/10.5944/rdp.100.2017.20721.
Texto completo da fonteResumo:
Resumen:La estabilidad presupuestaria y los límites a la deuda pública se han convertido en los principios referenciales de la política económica de la Unión Europea tras el paso por la crisis económica de los últimos años. La aplicación de estos principios supone hacer grandes recortes en el Estado del Bienestar que puede afectar sustancialmente a los derechos sociales e, incluso, el modelo de Estado de nuestro país. El presente artículo pretende dejar constancia que tanto la interpretación de esos principios como el nuevo artículo 135 de la CE deben ser interpretados de conformidad con las reglas económicas constitucionales que aseguran la vigencia del Estado social y democrático deDerecho.Summary:Introduction 1. Constitutional economic rules in the Spanish Constitution of 1978: the lack of a definite economic model and the diffuse reference to budget stability 2. Public spending as a key instrument in welfare state economic policies. 3. Justice principles regarding public spending contained in article 31.2 of the Spanish Constitution. 3. Budget stability in european law. evolution and goals. 4. The tense balance between economic and social rights and budget stability. Conclusions.Abstract:Budget stability and public debt limits have become key economic policy factors in the European Union in the wake of the recent economic crisis. The application of these principles involves major cuts to the Welfare State that may substantially affect social rights and even the model of State in our country. This article argues that both these principles and the new article 135 of the Spanish Constitution must be interpreted in accordance with constitutional economic rules that ensure the continuing validity of the social and democratic Statebased on the rule of law.
42
Afifah, Khusnul, Roy Andreas, Dadan Hermawan e Uyi Sulaeman. "Tuning the Morphology of Ag3PO4 Photocatalysts with an Elevated Concentration of KH2PO4". Bulletin of Chemical Reaction Engineering & Catalysis 14, n.º 3 (1 de dezembro de 2019): 625. http://dx.doi.org/10.9767/bcrec.14.3.4649.625-633.
Texto completo da fonteResumo:
Tuning the morphology of Ag3PO4 photocatalysts with an elevated concentration of KH2PO4 have been successfully conducted. This photocatalyst was prepared by starting material of AgNO3 and KH2PO4. The KH2PO4 aqueous solution with five concentrations of 0.10 M, 0.15 M, 0.30 M, 0.45 M, and 0.60 M was reacted with AgNO3 aqueous solution. The products were characterized using X-ray Diffraction (XRD), UV-Vis Diffuse Reflectance Spectroscopy (DRS), and Scanning Electron Microscopy (SEM). The concentration of KH2PO4 significantly affected the morphology, size, and crystallinity of catalyst. The morphology of Ag3PO4 may be tuned with the synthesis using an elevated concentration of KH2PO4. The sample with the synthesis using 0.15 M of KH2PO4 exhibited the excellent photocatalytic activity. The high photocatalytic activity was caused by the small size of mixed morphology of sphere and tetrahedron, high crystallinity and defect sites. Copyright © 2019 BCREC Group. All rights reserved
43
Moore, Scott, e Winston Yu. "Environmental politics and policy adaptation in China: the case of water sector reform". Water Policy 22, n.º 5 (26 de agosto de 2020): 850–66. http://dx.doi.org/10.2166/wp.2020.067.
Texto completo da fonteResumo:
Abstract Much of the literature on China's successful adaptation to the policy challenges posed by economic development credits two principle approaches, gradualism and local experimentation. However, the extent to which these approaches aid policy adaptation to environmental policy challenges is less well explored. This article examines how these approaches have shaped policy adaptation in water resources management by presenting data on ambitious water policy reforms that are, to our knowledge, new to the English-language scholarly literature. While gradualism and local experimentation have aided in the adoption of economic mechanisms like water pricing reform and water rights trading to regulate water use, institutional reforms have been undermined by an over-reliance on central control and direction. This phenomenon, which we call hierarchy, constrains China's ability to address diffuse, inter-jurisdictional and multi-sectoral water management challenges like nonpoint source pollution, and may inhibit its ability to address similarly complex sustainable development challenges into the future.
44
Ferreira da Cunha, Paulo. "Sociedade Aberta e tentações do oculto: de alguns desafios pandémicos ao Estado de Direito". e-Letras com Vida: Revista de Estudos Globais — Humanidades, Ciências e Artes 04 (2020): 166–72. http://dx.doi.org/10.53943/elcv.0120_15.
Texto completo da fonteResumo:
Just like tradition, belief «is no longer what it was». In this article we expose some of the anxieties about the paths of belief, latissimo sensu, shared by philosophers, scientists (doctors, psychologists, psychiatrists, for instance) and religious men from classical or traditional religions. Everyone poses a diffuse question, but one that we can translate, legally, like this: what is the role of Law and the State in the proliferation of metamorphosed and hyperactive beliefs? How can we safeguard religious, educational, association freedoms and similar, on the one hand, and the normal functioning of institutions and the rights of each citizen, on the other? How to comply with the Constitution, in times of pandemic, in the face of potential fanaticism and mystification? As in the health preparation for the new virus, Law, as the «medicine of culture», needs to be prepared for radicalisms of a «numinous» nature: not everything will be a mere renewal of spirituality. Probably it will be very little...
45
LEITE, Flávia Piva Almeida, e Rui Carvalho PIVA. "DIREITO FUNDAMENTAL DIFUSO DE ACESSO DAS PESSOAS COM DEFICIÊNCIA A ESPAÇOS URBANOS E SUA TUTELA JURÍDICA COLETIVA". Revista Juridica 2, n.º 55 (11 de abril de 2019): 328. http://dx.doi.org/10.21902/revistajur.2316-753x.v2i55.3395.
Texto completo da fonteResumo:
RESUMO Esse artigo jurídico trata de um dos temas mais relevantes do momento das pessoas com deficiência e de suas famílias que vivem nos espaços urbanos brasileiros.O acesso das pessoas com deficiência aos espaços urbanos é um direito com expresso reconhecimento legal e esse direito vem sendo considerado como caminho indispensável para a inclusão social dessas pessoas. Acesso e inclusão, que tiveram suas trajetórias de consideração e inclusão na legislação da Organização das Nações Unidas e do Brasil, sempre foram considerados sob a ótica de direitos individuais, sendo certo que a busca de suas efetivações ocorriam por meio dos instrumentos processuais igualmente individuais, ou seja, ações civis para cumprimento de obrigação de fazer e para apuração de danos materiais e morais provocados por entidades públicas e particulares. Uma nova abordagem jurídica para esta situação de descumprimento do comando legal permitiu a identificação do direito de acesso das pessoas com deficiência aos espaços urbanos como sendo um direito fundamental, porque as previsões que o asseguram preservam a dignidade dessas pessoas e o direito à vida digna é um direito fundamental, e permitiu também a sua identificação como um direito difuso, por ser um direito transindividual, de natureza indivisível, cujos titulares são pessoas indeterminadas e ligadas por circunstância de fato. Sendo assim, a sua tutela jurídicapode ser efetivada por meio da poderosa ação civil pública, o que representa uma ampliação respeitável das possibilidades de acesso e inclusão para as pessoas com deficiência aos espaços urbanos. PALAVRAS-CHAVE: Acessibilidade; Espaços urbanos; Direito Fundamental Difuso; Pessoa com deficiência; Tutela Jurídica coletiva. ABSTRACT This legal article deals with one of the most relevant issues of the moment for people with disabilities and their families living in Brazilian urban spaces. The access of people with disabilities to urban spaces is a right with express legal recognition and this right is being considered as an indispensable way for the social inclusion of these people. Access and inclusion, which had their consideration and inclusion trajectories in the legislation of the United Nations and Brazil, they have always been considered from the perspective of individual rights, being certain that the search for its effectiveness occurred through the equally individual procedural instruments, that is, civil actions to fulfill the obligation to do and to ascertain material and moral damages caused by public and private entities. A new legal approach at this situation of non-compliance with the legal command identified the right of access of disabled people to the urban areas as a fundamental right, because the predictions that ensure preserve the dignity of such persons and the right to decent life is a fundamental right, and also allowed its identification as a diffuse right, because it is a transindividual right, of an indivisible nature, whose holders are indeterminate persons and connected by de factual circumstance. Thus, its legal protection can be effected through the powerful public civil action, which represents a respectable increase in the possibilities of access and inclusion for people with disabilities in urban spaces. KEYWORDS: Accessibility; Urban spaces; Diffuse Fundamental right; Disabled person; Collective legal guardianship.
46
Pöschl, Magdalena. "La garantía de los estándares de derechos humanos y fundamentales ante las nuevas amenazas que generan los particulares y los actores extranjeros". Teoría y Realidad Constitucional, n.º 36 (1 de julho de 2015): 93. http://dx.doi.org/10.5944/trc.36.2015.16072.
Texto completo da fonteResumo:
La concepción clásica de los derechos fundamentales responde a tres premisas: la relación de los derechos fundamentales es bipolar, entre Estado y ciudadano; el Estado monopoliza la fuerza frente a la que nos protegen los derechos fundamentales; el Estado la ejerce en su propio territorio. Hoy, las tres premisas están puestas en cuestión. Junto al Estado aparecen, como sujetos de una posible injerencia sobre los derechos fundamentales, híbridos privado-estatales, poderosos actores privados y figuras difusas como las comunidades de internet. Los instrumentos de poder también se extienden y descentralizan, y junto a la coacción hay que tener en cuenta el dinero y el poder de la información. En tercer lugar, el escenario de los derechos fundamentales es el mundo entero. Todo ello dificulta la vigencia de los derechos fundamentales, pero tres reglas siguen siendo válidas. El enemigo del ciudadano puede no ser el Estado, pero debe tener rostro y resultar accesible, pues en otro caso no será posible dirigirse contra él. El poder no se ejerce solo mediante la coacción, pero el ciudadano ha de saber si está sujeto a dominio y con qué medios se ejerce el mismo, por lo que debe reducirse el ámbito de lo secreto. Finalmente, las actuaciones transfronterizas sólo pueden enfrentarse con ingenio y capacidad de experimentación, no solo mediante el derecho, sino también mediante la implicación de la sociedad civil.The classical conception of fundamental rights responds to three premises: the relationship of fundamental rights is bipolar, between state and citizen; the state monopolizes the force and against this force citizens are protected by the fundamental rights; the state holds the force in his own territory. Today, the three premises are being questioned. The state is not the only one who can interfere on fundamental rights, but also hybrid private-state subjects, private actors and diffuse powerful figures such as Internet communities. The power instruments also extend and decentralized themselves, and include not only coercion, but also money and power of information. Third, the scene of fundamental rights is the whole world. All of this hinder the effectiveness of fundamental rights, but three rules are still valid. Although the enemy of citizens would not be the state, he must have a face and be accessible, since otherwise it would not be possible to go against him. The power is not exercised only through coercion, but the citizen has to know whether it is subject to control and how it is exercised, so the scope of secrets must be reduced. Finally, cross-border actions can only deal with cleverness and experimentation, not only with the law but also through the engagement of the civil society.
47
Bahri, Amrita. "Appellate Body Held Hostage: Is Judicial Activism at Fair Trial?" Journal of World Trade 53, Issue 2 (1 de abril de 2019): 293–315. http://dx.doi.org/10.54648/trad2019014.
Texto completo da fonteResumo:
The World Trade Organization (WTO) Dispute Settlement System (DSS) is in peril. The Appellate Body (AB) is being held as a ‘hostage’ by the very architect and the most frequent user of WTO DSS, the United States of America. This will bring the whole DSS to a standstill as the inability of AB to review the appeals will have a kill-off effect on the binding value of Panel rulings. If the most celebrated DSS collapses, the members would not be able to enforce their WTO rights. The WTO-inconsistent practices and violations would increase and remain unchallenged. The rights without remedies would soon lose their charm, and we might witness a higher and faster drift away from multilateral trade regulation. This is a grave situation. This piece is an academic attempt to analyse and diffuse the key points of criticism against AB. A comprehensive assessment of reasons behind this criticism could be a starting point to resolve this gridlock. The first part of this Article investigates the reasons and motivations of the US behind these actions as we cannot address the problems without understanding them in a comprehensive manner. The second part looks at this issue from a systemic angle as it seeks to address the debate on whether WTO resembles common or civil law, as most of the criticism directed towards judicial activism and overreach is ‘much ado about nothing’. The concluding part of this piece briefly looks at the proposals already made by scholars to resolve this deadlock, and it leaves the readers with a fresh proposal to deliberate upon.
48
Re, Richard. "Fourth Amendment Fairness". Michigan Law Review, n.º 116.8 (2018): 1409. http://dx.doi.org/10.36644/mlr.116.8.fourth.
Texto completo da fonteResumo:
Fourth Amendment doctrine is attentive to a wide range of interests, including security, informational privacy, and dignity. How should courts reconcile these competing concerns when deciding which searches and seizures are “unreasonable”? Current doctrine typically answers this question by pointing to interest aggregation: the various interests at stake are added up, placed on figurative scales, and compared, with the goal of promoting overall social welfare. But interest aggregation is disconnected from many settled doctrinal rules and leads to results that are unfair for individuals. The main alternative is originalism; but historical sources themselves suggest that the Fourth Amendment calls for new moral reasoning. This Article argues that the Fourth Amendment’s prohibition on “unreasonable searches and seizures” is best understood, at least in large part, as a requirement that police investigation be fair in the sense of being authorized by principles that no rights holder could reasonably reject. This approach is inspired by “contractualist” moral philosophy and has several advantages. It tracks widely held moral intuitions, comports with the Fourth Amendment’s historical meaning, and resonates with underappreciated currents in extant case law. In attending to the perspectives of individuals, contractualism generates rights that are not subject to interest aggregation. At the same time, contractualism suggests a principled way to address new Fourth Amendment questions, consistent with courts’ institutional role. A contractualist approach to Fourth Amendment fairness suggests many ways to refine or reform current doctrine. In terms of refinements, the contractualist approach gives moral content to the notion of “individualized suspicion” by showing when searches and seizures can be justified by a principle of individual responsibility. Contractualism also draws attention to other justifying principles, such as a protection principle, and so explains how and when suspicionless searches and seizures are reasonable. Finally, the contractualist approach identifies areas where current Fourth Amendment doctrine is decidedly unfair and ripe for reform, such as when courts limit rights to avoid diffuse litigation costs, overemphasize “reasonable expectations of privacy,” and ignore the unreasonableness of racial discrimination.
49
Aydin, Umut. "Emerging middle powers and the liberal international order". International Affairs 97, n.º 5 (setembro de 2021): 1377–94. http://dx.doi.org/10.1093/ia/iiab090.
Texto completo da fonteResumo:
Abstract In the post-Cold War era, a number of middle powers rose to prominence thanks to domestic reforms and a favourable international environment of economic and political globalization. These countries began to pursue middle power foreign policies, working actively in international organizations, engaging in areas such as conflict mediation, humanitarian assistance and the promotion of human rights, and helping to diffuse democracy and market reforms in their neighbourhoods. In this way, they contributed to the stability and expansion of the liberal international order in the post-Cold War period. Nonetheless, recent democratic and economic backsliding in these middle powers raises concerns. Focusing on the cases of Turkey and Mexico, this article explores how reversals in democratic and market reforms, exacerbated by recent trends towards deglobalization, influence emerging middle powers' foreign policies and their potential contributions to the liberal international order. I argue that whereas their rise had helped reinforce and expand the liberal international order, emerging middle powers' illiberal turn may have a destabilizing effect on this order.
50
McGuire, John. "The power of the people: the meaning of kratos in dēmokratia". Open Research Europe 1 (25 de maio de 2021): 56. http://dx.doi.org/10.12688/openreseurope.13726.1.
Texto completo da fonteResumo:
In this paper, I reconstruct the notion of kratos as a unique and distinguishable exercise of political power. Using examples from 5th- and 4th-century Attic tragedy, Old Comedy, and forensic oratory, I show how kratos was used in Athenian cultural and political discourse to convey the irrefutability of a claim, the recognition of someone’s prevailing over another, and the sense of having the last word—all of which makes kratic power dependent upon its own continued demonstrability. I argue that the peculiarly performative character of kratos has little or no role within contemporary democratic thinking because the agency of the dēmos is largely mediated through the mechanisms of electoral success and constitutional rights. Nevertheless—and regardless of whether they are ultimately successful in achieving their stated political aims—the spontaneous, organisationally diffuse protests operating extra-institutionally under the banners of #MeToo and Black Lives Matter reveal how the attempted ‘domestication’ of kratos, and the sublimation of its peculiar power into piecemeal reform, was never a realistic or satisfactory answer for democratic discontent.