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1
Gaillard, Emmanuel. "L’ordre juridique arbitral : réalité, utilité et spécificité." McGill Law Journal 55, no. 4 (February 16, 2011): 891–907. http://dx.doi.org/10.7202/1000788ar.
Анотація:
L’ordre juridique arbitral existe-t-il ? S’il est perçu par les arbitres, souvent de manière intuitive mais très réelle, c’est qu’il existe. L’ordre juridique arbitral ne doit pas cependant être exclusivement conçu comme une représentation mentale du rôle des arbitres et de la source de leur pouvoir de juger. Il existe en tant que système de droit. L’auteur propose trois visions structurantes de l’arbitrage susceptibles d’éclairer l’intégralité des questions relevant de la matière. L’ordre juridique arbitral est l’une de ces visions, celle qui conçoit l’arbitrage comme un phénomène transnational et s’attache à la forte convergence entre les ordres juridiques nationaux. En premier lieu, l’auteur examine les critères distinctifs de l’ordre juridique arbitral et l’existence d’un tel ordre juridique du point de vue des arbitres. Il aborde en particulier le caractère complet d’un système de normes possédant tous les degrés d’impérativité, l’aptitude de l’ordre juridique arbitral à penser ses sources, ses sujets et ses organes, ainsi que son effectivité. Il aborde également les conséquences qui s’attachent à l’existence d’un ordre juridique arbitral, notamment en ce qui concerne des questions aussi importantes que celles de l’effet des anti-suit injunctions hostiles à l’arbitrage et des normes à impérativité renforcée. En second lieu, l’auteur explore le point de vue des autres ordres juridiques sur l’ordre juridique arbitral. En particulier, la reconnaissance de l’ordre juridique arbitral par les ordres juridiques nationaux est illustrée par la mise en œuvre de notions telles que l’ordre public transnational, la faculté de renoncer à tout recours en annulation ou la reconnaissance des sentences annulées au siège. L’auteur aborde ensuite la question plus délicate des rapports entre l’ordre juridique arbitral et l’ordre juridique international.
2
PAPASTAVRIDIS, EFTHYMIOS. "The Right of Visit on the High Seas in a Theoretical Perspective: Mare Liberum versus Mare Clausum Revisited." Leiden Journal of International Law 24, no. 1 (February 11, 2011): 45–69. http://dx.doi.org/10.1017/s0922156510000580.
Анотація:
AbstractThe present article discusses the historical and theoretical parameters of the right of visit on the high seas. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas, which is conceptualized mainly as of a negative nature, namely as ‘the prohibition of interference in peacetime by ships flying one national flag with ships flying the flag of other nationalities’. This prohibition is arguably challenged by the recent extensive practice of interdiction of vessels on the high seas to counter threats such as international terrorism and transnational organized crime at sea. Accordingly, the historical claims to the freedom of the seas and the celebrated controversy between mare liberum and mare clausum are canvassed. Drawing valuable insights from this historical survey, it is possible to revisit this controversy and ascertain the role of interference on the high seas in the legal order of the oceans of the twenty-first century. It is posited that the rationales behind the contemporary right of visit reflect the old-fashioned mare clausum arguments and that they fall under three general categories, namely the maintenance of international peace and security, the protection of the bon usage of the oceans, and the maintenance of welfare and ordre public of the states and of international society.
3
Brem-Wilson, Josh. "La Vía Campesina and the UN Committee on World Food Security: Affected publics and institutional dynamics in the nascent transnational public sphere." Review of International Studies 43, no. 2 (September 30, 2016): 302–29. http://dx.doi.org/10.1017/s0260210516000309.
Анотація:
AbstractThe emergence of the transnational as a site and object of governance has triggered concern amongst both affected publics subject to these effects, and scholars keen to locate the democratic potentials therein. Increasingly, public sphere theory is being promoted as a lens for interrogating the democratic potential of the transnational. However the project of transposing public sphere theory from its Westphalian origins to the transnational has been frustrated by a lack of empirical examples in which the properties of a transnational public sphere can be easily identified. In this article, examining the encounter between La Vía Campesina and the UN Committee on World Food Security, I argue for the existence of a nascent transnational public sphere in the specific domain of transnational food and agricultural policymaking. The existence of this concrete example, I argue, defends public sphere theory’s transnational turn against either the charge of utopianism, or the need to suspend some of the framework’s core conditions in order to accommodate the ‘actually possible’. It also allows us to advance public sphere theory’s empirical research agenda, and in this article I introduce an analytical framework to take this further.
4
Ma, Yue. "Research on the Public Order Reservation System from Surrogacy." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 154–61. http://dx.doi.org/10.54097/ehss.v1i.655.
Анотація:
Surrogacy technology provides the possibility for families who are unable to have children. Different countries have different legal regulations on surrogacy, which leads to the creation of transnational surrogacy, and at the same time, disputes over transnational surrogacy are also increasing. As we all know, surrogacy is contrary to the public moral order in China, which leads to the issue of public order retention.Private international law, as an important legal system in the field of International law, has an unshakable position and role in dealing with transnational surrogacy disputes. In transnational surrogacy disputes, public order is mainly reflected in the legal regulations of each country on surrogacy, the determination of paternity and the relevant regulations on the ethics of surrogacy, and its role is mainly reflected in the exclusion of the application of foreign laws and the refusal to recognize the judgments of foreign courts. In the application of the law, countries have tried to find a balance between the recognition of foreign judgments and the protection of the public order of the courts. This article will take a comparative and case study approach, using the issue of surrogacy as an entry point to explore the application of public order reservations in this particular area.
5
Hussin, Iza. "Translating public order: Colonial, transnational and international genealogies." Political Geography 75 (November 2019): 102058. http://dx.doi.org/10.1016/j.polgeo.2019.102058.
6
Pavlović, Zoran. "Existing of transnational public policy." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 142–47. http://dx.doi.org/10.5937/gakv0004142p.
Анотація:
In this paper, the author analyses the implementation of law and justice in the procedure of international commercial arbitration, finding its true relation with the rules of recent lex mercatoria. He also expands definition of international public policy with institutes of communitary and truly or really international public policy. They represent fundamental values and to fully protect them is to enable liberalism and economic cosmopolitanism in international trade. In order to achieve this goal, additional improvement of these values by state courts is firmly advised.
7
ZUMBANSEN, PEER. "Comparative, global and transnational constitutionalism: The emergence of a transnational legal-pluralist order." Global Constitutionalism 1, no. 1 (March 2012): 16–52. http://dx.doi.org/10.1017/s2045381711000037.
Анотація:
AbstractComparative lawyers have for more than a century sought to increase the understanding of ‘foreign’ legal orders and regulatory systems. Despite some never fully resolved methodological questions, great advances have been made in the comparative study of different regulatory areas both in ‘private’ (contract, tort, corporate, labour) and ‘public’ law (administrative law, environmental law). Comparative constitutional law [CCL] has emerged as a field with particular significance. Born in the context of a politically extremely divided world after the Second World War, CCL has undergone tremendous change in an economically fast-integrating world since the late 1980s. The distinction between ‘liberal’ and ‘socialist’ constitutional orders that characterized early monographical treatments of the subjects has since given way to a very incoherent landscape ofvarieties of constitutionalism, with enormous consequences for the task of comparative constitutional law. Rather than being able to set side-by-side distinct doctrinal instruments or legal principles that can be associated with a particular constitutional system, the emerging transnational legal-pluralist order demands a methodologically radically opened and methodologically interdisciplinary approach to capture the dynamics of constitutionalization, which characterize today’s processes of public-private norm creation and diffusion.
8
BOHMAN, JAMES. "Democratising the global order: from communicative freedom to communicative power." Review of International Studies 36, no. 2 (April 2010): 431–47. http://dx.doi.org/10.1017/s0260210510000094.
Анотація:
AbstractWhile there is much discussion of the need for democracy in transnational institutions, there is less discussion of the conditions for their democratisation. To address this deficit, a general account of democratisation is necessary. I propose that democratisation is dependent on the joint realisation of two conditions: communicative freedom and communicative power. Democratisation thus requires, first, publics and associations in which communicative freedom is realised on the one hand; and, second, institutions that link such freedom to the exercise of communicative power to decision making on the other. In order for these conditions to be met, civil society must be expanded into the public sphere. The transformation of communicative freedom into communicative power can be promoted only by institutions that recognise the decisional status of publics, which in turn depend on civil society to generate the deliberative benefits of the plurality of perspectives. Communicative power is not merely spontaneously generated through publics, but also through publics expressly formed through democratic institutional design.
9
Andonova, Liliana B., Michele M. Betsill, and Harriet Bulkeley. "Transnational Climate Governance." Global Environmental Politics 9, no. 2 (May 2009): 52–73. http://dx.doi.org/10.1162/glep.2009.9.2.52.
Анотація:
In this article we examine the emergence and implications of transnational climate-change governance. We argue that although the study of transnational relations has recently been renewed alongside a burgeoning interest in issues of global governance, the nature of transnational governance has to date received less attention. We contend that transnational governance occurs when networks operating in the transnational political sphere authoritatively steer constituents toward public goals. In order to stimulate a more systematic study of the diversity and significance of this phenomenon, the article develops a typology based on the actors involved and their authority—public, private, or hybrid—and the primary governance functions performed in order to steer network constituents—information-sharing, capacity building and implementation, or rule-setting. A comparative discussion of transnational governance networks for climate change illustrates each category and the value of the typology in assessing the multiple mechanisms through which transnational governance occurs. In conclusion, we suggest that our typology provides a useful starting point for future research and reflect on the implications for the study of global affairs.
10
SMITH, WILLIAM. "Civil disobedience as transnational disruption." Global Constitutionalism 6, no. 3 (November 2017): 477–504. http://dx.doi.org/10.1017/s204538171700020x.
Анотація:
Abstract:Civil disobedience has been theorised as an informal guardian of the constitution in democratic societies, but such accounts struggle to accommodate protest that has an international or global dimension. This article addresses this issue through offering a theory of civil disobedience as transnational disruption. Civil disobedience is ‘transnational’ insofar as it is an appeal to a national, international or global public that highlights failures to observe moral, political or legal values that are an appropriate source of normative authority in global contexts. Civil disobedience is ‘disruptive’ insofar as it obstructs the routine activities of relevant parties in order to draw attention to the demands of protesters. The core argument is that civil disobedience can uphold normative standards that have been incorporated into a dense network of treaties, conventions and global regulatory frameworks. It can thus make a modest but valuable contribution to the processes through which publics deliberate about the meaning and interpretation of these contested norms.
11
Conard, Rebecca. "Take-away Thoughts: Reflecting on Four Case Studies." Public History Review 22 (December 24, 2015): 69–77. http://dx.doi.org/10.5130/phrj.v22i0.4763.
Анотація:
This commentary on four case studies of transnational public history projects or experiences teases out the pedagogical implications. Financial and logistical aspects present challenges to designing collaborative initiatives that reach across national boundaries, and must be addressed. However, in order to tap the full educational value, transnational public history endeavors should also contribute to the intellectual core of public history curricula.
12
Kobrin, Stephen J. "Private Political Authority and Public Responsibility: Transnational Politics, Transnational Firms, and Human Rights." Business Ethics Quarterly 19, no. 3 (July 2009): 349–74. http://dx.doi.org/10.5840/beq200919321.
Анотація:
ABSTRACTTransnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order.
13
STONE SWEET, ALEC. "A cosmopolitan legal order: Constitutional pluralism and rights adjudication in Europe." Global Constitutionalism 1, no. 1 (March 2012): 53–90. http://dx.doi.org/10.1017/s2045381711000062.
Анотація:
AbstractThe European Convention on Human Rights is rapidly evolving into a cosmopolitan legal order: a transnational legal system in which all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction. The emergence of the system depended on certain deep, structural transformations of law and politics in Europe, including the consolidation of a zone of peace and economic interdependence, of constitutional pluralism at the national level, and of rights cosmopolitanism at the transnational level. Framed by Kantian ideas, the paper develops a theoretical account of a cosmopolitan legal system, provides an overview of how the ECHR system operates, and establishes criteria for its normative assessment.
14
GERMAIN, RANDALL. "Financial governance and transnational deliberative democracy." Review of International Studies 36, no. 2 (April 2010): 493–509. http://dx.doi.org/10.1017/s0260210510000124.
Анотація:
AbstractRecent concern with the institutional underpinning of the international financial architecture has intersected with broader debates concerning the possibility of achieving an adequate deliberative context for decisions involving transnational economic governance. Scholars working within traditions associated with international political economy, deliberative democracy, cosmopolitanism and critical theory have informed this broader debate. This article uses this debate to ask whether the structure of financial governance at the global level exhibits the necessary conditions to support deliberative democracy. In particular, it considers the extent to which publicness and a public sphere have become part of the broader structure of financial governance. Although in some ways financial governance is a hard case for this debate, an argument can be made that a public sphere has emerged as an important element of the international financial architecture. At the same time, the analysis of the role of the public sphere in financial governance reveals important lessons which public sphere theorists and deliberative democracy advocates need to consider in order to extend their analysis into the realm of global political economy.
15
Dickson, William Rory. "An American Sufism." Studies in Religion/Sciences Religieuses 43, no. 3 (September 2014): 411–24. http://dx.doi.org/10.1177/0008429814538229.
Анотація:
The Naqshbandi-Haqqani Sufi order is a transnational religious organization. Founded by Shaykh Nazim al-Haqqani (b. 1922), the order spread throughout the Middle East in the 1950s and 1960s, and then to Britain in the 1970s. In 1990, Nazim’s student Shaykh Hisham Kabbani moved to the United States and established a branch of the Naqshbandi-Haqqani order there. The past fifteen years have seen the emergence of this order as one of the most widespread and politically active Sufi organizations in America. In this paper I ask: Why and how is it that the Naqshbandi-Haqqani order effectively functions as a public religion in America? To answer this question, I will use José Casanova’s theory of public religion to understand why and how the order has developed and maintained a public profile in the United States. I contend that the Naqshbandi-Haqqani order’s public activity is rooted in: (1) the Naqshbandi order’s history of public significance in Muslim societies; (2) the order’s theological and practical appreciation of religious and cultural pluralism; (3) the order’s transnational character; and (4) its adoption of certain elements of American civil religion.
16
Betlem, Gerrit. "Public and Private Transnational Enforcement of EU Consumer Law." European Business Law Review 18, Issue 4 (August 1, 2007): 683–708. http://dx.doi.org/10.54648/eulr2007030.
Анотація:
This article examines in some detail the two main EC law instruments containing specific provisions on powers to enforce consumer law: a 1998 Directive and a 2004 Regulation. The focus is on intra-Community infringements, the envisaged enforcers and their powers, and extraterritorial consumer protection, including a comparison with the Alpine Investments case. Their combined effect on a number of conceivable transnational enforcement scenarios is analysed. Conclusions are drawn in the light of the 2003 OECD Guidelines on transnational enforcement of consumer law, in order to answer this central question: What progress has been made with the 2004 Regulation and how does it fare when judged by the standards set by the OECD? Despite some shortcomings in the private law sphere (the public law aspects are largely satisfactory), the legislative framework improves on the ECJ’s case law by requiring equal protection of consumers based in the home State and abroad.
17
Harker, Richard J. W. "Museums Connect: Teaching Public History through Transnational Museum Partnerships." Public History Review 22 (December 24, 2015): 56–68. http://dx.doi.org/10.5130/phrj.v22i0.4753.
Анотація:
Museums Connect is a program funded by the US Department of State and administered by the American Alliance of Museums that sponsors transnational museum partnerships. This program provides one model for teaching public history in a transnational context, and this article analyzes the experiences of two university-museums—the Museum of History and Holocaust Education (MHHE) in the United States and the Ben M’sik Community Museum (BMCM) in Morocco—during two grants between 2009 and 2012. In exploring the impact of the program on the staff, faculty, and students involved and by analyzing the experiences and reflections of participants, I argue that this program can generate positive pedagogical experiences. However, in addition to the successes of the MHHE and BMCM during their two grants, the participants encountered significant power differentials that manifested themselves in both the processes and products of the grants. It is the conclusion of this article that both partners in a public history project need to address and confront potential power issues at the outset in order to achieve a more balanced, collaborative partnership.
18
Riva, Sara. "Thickening the border: a transnational sovereign assemblage and the privatization of sovereignty." Open Research Europe 3 (June 12, 2023): 92. http://dx.doi.org/10.12688/openreseurope.16022.1.
Анотація:
Australia, the United States, and the European Union enact bordering mechanisms to armor themselves against people who seek asylum transferring the burden of enforcement and containment to countries from the Global South. This configuration reinscribes a regime of limited mobility for certain subjects that reproduces a neocolonial order. The measures developed by these regions to keep people who seek asylum away from their territories thicken the border by effectively creating an overarching transnational sovereign zone that is not country-specific but rather an assemblage of Western countries’ buffer zones. Although the result is a fairly monolithic barrier for refugees, this assemblage is not homogeneous in structure but is instead composed of differently balanced, dyadic relations between countries, heterogeneous dehumanizing narratives prevalent among domestic publics, externalization measures, confinement practices, and other deterrence mechanisms, with different degrees of reach and success. Using a transnational feminist lens and a Critical Border Studies framework, this article shows how the border externalization measures that uphold this assembly rely on public-private partnerships that governments establish with private corporations; and agreements with third countries. The privatization of sovereignty then become the necessary conditions to exercise transnational sovereignty.
19
Liu, Xiao. "Protection of Children’s Rights and Interests in Transnational Surrogacy -- From the Perspective of Parent-Child Relationship." International Research in Economics and Finance 6, no. 2 (May 28, 2022): 30. http://dx.doi.org/10.20849/iref.v6i2.1192.
Анотація:
The development of artificial reproductive technology and the legal difference of surrogacy lead to a large number of transnational surrogacy children and many disputes about the legal parent status of transnational surrogacy children. The main reasons for the difficulty in identifying the parental relationship of the present transnational surrogacy children are the different identification of the surrogacy agreement and the parent-child relationship in different countries, the emergence of the "lame parental right" caused by the application of the principle of public order, and the reflect to recognize the transnational surrogacy parent-child relationship on the grounds of legal evasion.Based on the analysis of the reasons for the difficulty in identifying the parent-child relationship and the experience of determining the surrogate parent-child relationship in various countries, the exploration of the path to determine the parent-child relationship of the transnational surrogacy children mainly includes establishing the parent-child relationship according to the surrogacy agreement, establishing the adoption relationship to establish the parent-child relationship, and redefining the parent-child relationship according to the conflict norms of the country where the intended parents are located.At present, there is no basic law to regulate surrogacy in China. In practice, the legal parents of surrogacy children are established in the way of confirming the parentage of factual support. On the premise of balancing the best interests of children and social public order, we should protect the right of identity of transnational surrogacy children by perfecting laws and regulations, and maximize the function of technology to benefit mankind.
20
Lewis, Tammy. "Transnational Conservation Movement Organizations: Shaping The Protected Area Systems of Less Developed Countries." Mobilization: An International Quarterly 5, no. 1 (March 1, 2000): 103–21. http://dx.doi.org/10.17813/maiq.5.1.27m21870658m8512.
Анотація:
This article compares transnational conservation organizations' efforts in Ecuador, Chile, and Peru in order to answer several questions: Why do transnational social movement organizations (TSMOs) engage in the politics of some nations but not others? Do TSMOs shape the policy decisions of less developed nations? What is the relationship between national political opportunity structure and transnational mobilization? Based upon historical data and fieldwork data, I argue that transnational conservationists can most easily affect the policies of politically "open" nations that have active domestic conservation movement organizations. In addition to influencing public policies, transnational conservationists are key actors in the development of private systems of biodiversity protection. Operating according to "lifeboat ethics," TSMOs select nations based on political criteria, while those nations most in need of conservation assistance (biodiversity hotspots) are neglected. This strategy contrasts sharply with strategies used by the transnational human rights movement.
21
Castro Baía Reis, António Alberto. "Conceptualizing mediatization: Is `Have your say´ a kind of transnational public sphere for public deliberation?" Mediatization Studies 1, no. 1 (November 13, 2017): 23. http://dx.doi.org/10.17951/ms.2017.1.23.
Анотація:
<p>The present essay aims to reflect on the questions of how the <em>BBC</em> news website discussion forum <em>Have your say</em> is organized and to what extent it can be considered as a transnational or global public sphere for public deliberation. In order to do so, one must firstly look at this discussion forum in terms of its structure, so that we can comprehend in a descriptive and formal way what is <em>Have your say</em>. Then, to try to understand and suggest what exactly <em>Have your say</em> is in terms of the possibility of being a global public sphere for public deliberation, one must tackle into a reflection that encompasses the concepts of transnational/global public sphere (Habermas, 1996; Castells, 2008), public deliberation (Pateman, 1970; Drvzek, 2000; Abelson et al., 2003), as well as some mediation/mediatization paradigms. The goal of this essay is to provide an objective academic reflection by attempting to frame this specific online phenomenon within the concepts above mentioned, to ultimately argue and prove that online discussion forums such as <em>Have your say</em> are by definition ambivalent. </p>
22
Sheptycki, James. "Transnational Organization, Transnational Law and the Ambiguity of Interpol in a World Ruled with Law." Brill Research Perspectives in Transnational Crime 1, no. 2-3 (March 1, 2017): 65–86. http://dx.doi.org/10.1163/24680931-12340005.
Анотація:
Abstract Using the practical empirical example of the Interpol Organization, the paper explores the relationship between transnational organization and transnational law. Pace Jessup’s pioneering work in 1956, the central questions surrounding the notion of transnational law have involved understanding the use of legal tools in an administrative grey area of global governance across a range of legal institutions. This essay demonstrates how Interpol constituted as itself a formal ‘Intergovernmental Organization’ with its own self-governing structure and explores the use of one of its most powerful legal tools: the Red Notice. As a formally constituted igo with transnational reach and legally subject to its own constituted governance processes, Interpol is an example of what Neil Walker calls ‘constitutionalism beyond the State’. A fortiori, Interpol mobilizes a range of legal tools from transnational public international law and criminal law, as well as those of its own constitutional order, in making up its organization. Following Terence C. Halliday and Gregory Shaffer, and based on this empirical case study, the essay argues that Interpol is an important constituent element in the broader ‘transnational legal order’ of global policing. The challenge for socio-legal scholarship is to reveal how the transnational legal order of which Interpol is a part, is shaped by a variety of actors using different kinds of legal instruments because the institutional patterns thereby established have consequences for future developments. The transnational legal order of global policing is a synecdoche of global governance more generally and the specific case of Interpol provides the basis of some general claims about how to understand the concept of law under transnational conditions. The essay argues that Interpol is but a small constituent element of an evolving global system of rule with law. Rule with law emphasizes that in all practical circumstances legal tools are in the hands of knowing social actors. Understood this way, law is practical politics undertaken by means of legal tools. Interpol is but one element of a vast transnational legal order that has no democratic basis and which needs to be progressively uncovered through piecemeal empirical case studies. Read against the backdrop of broad socio-legal theory, such case studies offer critical insights concerning contemporary transnational legal ordering.
23
KOWALEWSKI, DAVID. "Asian Strikes Against Transnationals." Comparative Political Studies 19, no. 4 (January 1987): 508–24. http://dx.doi.org/10.1177/0010414087019004003.
Анотація:
Third World nonelites face considerable difficulty in attempting to enhance their welfare and security values. The present study examines 52 labor-actions taken against transnational enterprises (TNEs) in underdeveloped Asian countries, in order to determine the correlates of concessions and repressions meted out to workers. Hypotheses deriving from three perspectives—modernization, labor-mobilization, and dependency—are tested. The findings suggest that export-dependence, investment-incentives for TNEs, intervention by Asian public officials, number of worker demands, and foreign labor support are the most influential variables in affecting labor-action outcomes. An integrative model is then developed and tested.
24
Esposito, Karina. "Confederate Immigration to Brazil: A Cross-Cultural Approach to Reconstruction and Public History." Public History Review 22 (December 24, 2015): 23–37. http://dx.doi.org/10.5130/phrj.v22i0.4780.
Анотація:
Given the interconnectedness of the contemporary world, it is imperative that historians place their studies within a global context, connecting domestic and foreign events in order to offer a thorough picture of the past. As historians, we should aim at exploring transnational connections in our published research and incorporating the same methodologies in the classroom, as well as in the field of Public History. Cross-cultural collaboration and transnational studies are challenging, but exceptionally effective approaches to developing a comprehensive understanding of the past and connecting people to their history. Important recent scholarship has placed the American Civil War in a broad international and transnational context. This article argues for the importance of continuing this trend, pointing to a unique case study: the confederate migration to Brazil during and after the Civil War. This episode can help us understand the international impact of the War in the western hemisphere. These confederates attempted to preserve some aspects of their Southern society by migrating to Brazil, one of the remaining slaveholding societies in the hemisphere at the time. Moreover, the descendants that remained in Brazil have engaged in a unique process of remembering and commemorating their heritage over the years. Exploring this migration will enhance Civil War and Reconstruction historiography, as well as commemoration, heritage and memory studies.
25
Wang, Hao, Yanan Jin, and Xin Tan. "Study on Sustainable Development of the Transnational Power Grid Interconnection Projects under Diversified Risks Based on Variable Weight Theory and Bayesian Network." Mathematical Problems in Engineering 2020 (March 11, 2020): 1–10. http://dx.doi.org/10.1155/2020/5361561.
Анотація:
Transnational power grid interconnection is an important measure to promote the construction of energy Internet. It can meet the global power demand in a clean and green way, promote the UN’s concept of “sustainable energy,” and tackle climate changes. But, transnational power grid projects face many complex and variable risks due to their complex background and lacking experience. According to the characteristics of transnational power grid interconnection projects, a risk assessment index system including 10 indexes such as national relation, public participation, and available transmission capacity is constructed. Then, in order to overcome the shortcomings of traditional risk assessment methods, this paper proposes a risk assessment method combined with risk theory and probabilistic model, which can not only consider the uncertainties but also integrate the probability of accidents with consequences. Therefore, it can effectively assess the transnational power grid interconnection projects under diversified risks. In addition, in order to further magnify the impact of higher risks on such projects, a method combining traditional weighting method with the variable weight theory is proposed. The study in this paper provides certain guidance and decision-making support for different participants such as the government power sector, construction enterprises, and investment enterprises when they launch on sustainable development of the transnational project business, which have obvious practical significance.
26
Campello, Filipe. "Between Affects and Norms." Comparative Sociology 19, no. 6 (December 17, 2020): 805–15. http://dx.doi.org/10.1163/15691330-12341526.
Анотація:
Abstract This article seeks to explore the meaning of emotional content in a transnational public sphere, in particular with regard to the concept of solidarity. The main normative question that the author discusses here is how far it is possible – if it’s the case at all – to move beyond the basic structure of nation-linked patriotic feeling to solidarity as a transnational political emotion. He divides his argument into two steps. First, he analyzes how the concept of constitutional patriotism could be reframed around the contours of post-national contexts. He suggests that Hegel’s concept of patriotism as a political disposition can contribute to a transnational framework. In a second step, the author discusses solidarity as a transnational political emotion, arguing that one should have in view both its formative process and its contingencies in order to understand the institutional and symbolic mediation of affective contents of social praxis.
27
Deng, Jian-Bang, Hermin Indah Wahyuni, and Vissia Ita Yulianto. "Labor migration from Southeast Asia to Taiwan: issues, public responses and future development." Asian Education and Development Studies 10, no. 1 (May 19, 2020): 69–81. http://dx.doi.org/10.1108/aeds-02-2019-0043.
Анотація:
PurposeThis paper is mainly focused on labor migration from Southeast Asia to Taiwan, showing a route of south–south mobility and discussing the causes of migrant workers in Taiwan, the issues faced by migrant workers as well as public response to migrant workers.Design/methodology/approachBesides a literate review on the topic of migrant worker researches in Taiwan, the data for this research was also based on qualitative interviews and observations conducted both in the fieldwork in Taiwan and in Indonesia between June and August during the summer of 2018.FindingsThe transnational mobility let many migrants from Southeast Asian countries to Taiwan end up losing their cultural capital and “make money” instead. For these migrants, they have experienced a downward social mobility of class through transnational mobility.Research limitations/implicationsBecause of the chosen research approach, the research results may lack generalizability. More migrant laborers from various origin countries were encouraged to include for further research.Practical implicationsLabor migration cases from Southeast Asia to Taiwan could very well serve as good examples in the carrying out of a reflection on the limit of focusing on social science only inside nation-states in order to push a forward thinking on the transnationalization of social inequality.Originality/valueThis paper calls attention to the close linkage between transnational mobility and social inequality. It showed how the transnationalization of social inequality could get new faces through the new waves of labor migration.
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Ryabov, Igor. "Russian Wives in America: A Sketchy Portrait." Qualitative Sociology Review 9, no. 4 (October 31, 2013): 44–66. http://dx.doi.org/10.18778/1733-8077.9.4.02.
Анотація:
As more and more people around the globe join the transnational marriage market, marriage is becoming an increasingly global affair. Yet, transnational marriage migration has not received the scholarly attention it deserves. The present study is focused on post-migration experiences of twenty female marriage migrants from the former Soviet Union married to the U.S. nationals and lawful permanent residents. Through participant observation, the present study investigates the issues related to transnational partner choice and immigrant adjustment of these women. While the majority of informants identified the lack of local marriageable men as the major push factor, women tended to differ significantly with respect to the factors important for their choice of partner. While some stressed the importance of ethnicity and race of their spouse, others did not. The most important finding is that, in order to legitimize their marriage and resist gender oppression both in the domestic and public domains, women produced discourses shaped by the mainstream gender ideology that stigmatizes transnational marriage migrants.
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Hunke, Kristina, and Gunnar Prause. "Management of Green Corridor Performance." Transport and Telecommunication Journal 14, no. 4 (December 1, 2013): 292–99. http://dx.doi.org/10.2478/ttj-2013-0025.
Анотація:
Abstract In the context of a harmonized transnational transport system the green corridor concept represents a cornerstone in the development and implementation of integrated and sustainable transport solutions. Important properties of green corridors are their transnational character and their high involvement of public and private stakeholders, including political level, requiring new governance models for the management of green corridors. Stakeholder governance models and instruments for green corridor governance are going to be developed and tested in different regional development projects in order to safeguard a better alignment of transport policies at various administrative levels and a strengthening of the business perspective. A crucial role in this context belongs to involvement of public and private stakeholders in order to safeguard efficient corridor performance. The paper presents recent research results about green supply chain management in the frame of network and stakeholder model theory and its application to the stakeholders of green transport corridors.
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GEOFFRAY, MARIE LAURE. "Transnational Dynamics of Contention in Contemporary Cuba." Journal of Latin American Studies 47, no. 2 (February 5, 2015): 223–49. http://dx.doi.org/10.1017/s0022216x15000048.
Анотація:
AbstractThis article explores the example of Cuba in order to understand how a contentious politics has evolved since the 2000s and especially after the semi-liberalisation of internet access in 2008. My aim is to analyse how use of new technologies impact the fragmented arenas of contention that already existed in Cuba. My argument is that they have reinforced existing dynamics, while creating new channels of expression and linkage, between contentious spaces within Cuba and with specific segments of the Cuban diaspora. Those dynamics have in turn allowed for the emergence of a transnational Cuban public arena and a more intricate contentious space in Cuba itself.
31
Braga, Luciana Palmeira, Helder Queiroz Pinto, and Olavo Bentes David. "How transnational rules can contribute to the improvement of the Brazilian regulatory system for unitization—an analysis under the transnational legal order perspective." Journal of World Energy Law & Business 16, no. 4 (June 21, 2023): 367–84. http://dx.doi.org/10.1093/jwelb/jwad015.
Анотація:
Abstract Unitization is the most effective method to avoid irrational, wasteful and environmentally unsustainable production of oil and natural gas. Therefore, it is important to notice that unitization is a complex practice. It is effective for the equitable production division of a deposit shared by different owners. However, compulsory membership can result in costly negotiation and make exploration and production projects less attractive. In the pre-salt, the most productive Brazilian oil province, unitization processes are common and even more complex due to the following factors: (i) there are three different tax regimes in the pre-salt polygon; (ii) when the reservoir is shared with an area not granted yet (referred to as an open area), the Brazilian regulation establishes that the unitization process must be carried out with the public company, Pré-sal Petróleo S.A., representing the Government; (iii) moreover, due to the high productivity of the pre-salt layer, the financial values involved in this process are substantial, even with a participation of less than 1 per cent in the shared reservoir. Brazil established a robust regulation on unitization in 2013, which was amended in 2017 and, again, in 2020. This demonstrates that the regulatory improvement process, in the search for a more efficient regulation—that balances the attraction of investments and protection of the public interest—is continuous. This article proposes that in this process of regulatory improvement, good international petroleum industry practices (good practices), contractual models drawn up by industry associations and codes of conduct shall be used as a reference. These non-state rules, which are the result of self-regulation by the upstream sector of the oil industry, will be considered in this article as transnational rules, following the approach of Halliday and Shaffer, who propose the existence of a transnational legal order.
32
Goldmann, Matthias, and Silvia Steininger. "A Discourse Theoretical Approach to Sovereign Debt Restructuring: Towards a Democratic Financial Order." German Law Journal 17, no. 5 (October 1, 2016): 709–46. http://dx.doi.org/10.1017/s207183220002143x.
Анотація:
This Article studies the role of law for aligning democracy with a market-based financial order. Jürgen Habermas's discourse theoretical understanding of the role of law in the welfare state establishes a structure for exploring this issue. According to this approach, law needs to be enforceable, law-making and law-application need to be institutionally separated, and public law needs to be distinguishable from private law. The contemporary practice of sovereign debt restructuring reveals some empirical and normative challenges to this understanding of the law. Based on these findings, this Article proposes several conceptual and institutional improvements that might lead to a more stable relationship between democracy and financial order. In particular, we argue that sovereign debt restructuring should tap the legitimating potential of existing transnational discourses that are characterized by cross-border cleavages in public discourse.
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Matei, Aniela, and Mihaela Ghența. "Quality of Life of Children from Families Affected by Migration: The Role of Educational Policies." Education Sciences 14, no. 2 (February 7, 2024): 173. http://dx.doi.org/10.3390/educsci14020173.
Анотація:
The problems of children from Romanian transnational families represent a current issue and one of great interest in the field of public policies that need to be developed in Romania in order to offer solutions that will lead to an increase in the quality of life within these families. This article reflects, based on the results of a survey among parents/grandparents who care for children from transnational families and two focus groups with authorities/organizations with a role in managing the problems of transnational families, the main issues faced by children from these families within education. The results obtained indicate an increased need for intervention in the following areas: support to avoid school dropout; education regarding the negative effects of drug, alcohol and other toxic substance consumption; and supervision in the completion of school assignments. All these problems influence the educational course of children and consequently the quality of life of all family members. This article offers support to decision makers in the field of educational policies to effectively manage the real problems of these families, highlighting the vital role of substantiating public policies based on scientific studies.
34
Ramadan, Adam. "From Tahrir to the world: The camp as a political public space." European Urban and Regional Studies 20, no. 1 (January 2013): 145–49. http://dx.doi.org/10.1177/0969776412459863.
Анотація:
The year 2011 was when the camp defeated the dictator. At Tahrir Square, the camp was a space of freedom, resistance and liberation, beyond the control of the state and outside the normal political order, in which a more progressive politics was forged and made real. In the months that followed, political protesters across the Middle East, Europe and North America emulated the tactics of the Egyptian protest camp. In light of these transnational events, the protest camp deserves attention as a specific political act and vehicle for political change. The occupation of urban space, and subversion of the normal political order within those spaces, is a key strategy for protesters to articulate an alternative political future.
35
Abulfat Hasanova, Sabahat. "Transmilli cinayət hüququnda cəzanın məqsədləri, tətbiq edilən cəzaların effektivliyi". SCIENTIFIC WORK 78, № 5 (17 травня 2022): 125–33. http://dx.doi.org/10.36719/2663-4619/78/125-133.
Анотація:
Punishment is a sanction imposed by the state in return for a crime committed. Punishment is a fact accepted as an undeniable necessity. Indeed, it is impossible to give up punishment in public life. Punishment is necessary for the maintenance of state and legal order. The qualities that must be meted out in a sentence are that it is lawful, concrete and measured, fair, humane and moral. Because punishment, like crime, can only be determined by law. It is inadmissible to impose an unjust punishment that infringes on human rights and dignity. This must be prevented. In addition, the punishment must be adapted to the identity of the offender to be punished. Therefore, the punishment should be divisible, not a fixed punishment, and thus the individualization of the punishment should be allowed. Key words: punishment, criminal law, theories of punishment, the purpose of punishment, the effectiveness of punishment Səbahət Əbülfət qızı Həsənova Transmilli cinayət hüququnda cəzanın məqsədləri, tətbiq edilən cəzaların effektivliyi Xülasə Cəza törətdilən cinayətin müqabilində dövlət tərəfindən tətbiq etdiyi sanksiyadır. Cəza danılmaz zərurət kimi qəbul edilən bir həqiqətdir. Doğrudan da, cəmiyyət həyatında cəzadan imtina etmək mümkün deyil. Cəza, dövlət və hüquqi nizamın davam etdirilməsi üçün zəruridir. Tətbiq edilən cəzada olması lazım olan keyfiyyətlər onun qanuni, konkret və ölçülü olması, ədalətli, insani və əxlaqlı olmasıdır. Çünki cinayət kimi cəza da ancaq qanunla müəyyən edilə bilər. İnsan hüquq və ləyaqətinə xələl gətirən ədalətsiz cəza tətbiq etmək yolverilməzdir. Bunun qarşısını almaq lazımdır. Bundan əlavə, cəza cəzalandırılacaq cinayətkarın şəxsiyyətinə uyğunlaşdırılmalıdır. Bu səbəbdən, cəza sabit cəza deyil, bölünə bilən olmalıdır və beləliklə, cəzanın fərdiləşdirilməsinə icazə verilməlidir. Açar sözlər: cəza, cinayət hüququ, cəza nəzəriyyələri, cəzanın məqsədi, cəzanın effektivliyi
36
God`stime Osariyekemwen, Igiebor. "Impact of Global Capitalism on the Environment of Developing Economies: The Case of Nigeria." Korean Journal of Policy Studies 29, no. 3 (December 31, 2014): 79–100. http://dx.doi.org/10.52372/kjps29304.
Анотація:
Globalization may have generated gains in some countries of the world; it is nevertheless associated with increased insolvency, inequalities, work insecurities, weak institutions, and corrosion of established values. Against this backdrop, the paper takes a cursory look at the global flow of capital and how it has impacted the Nigerian economy. It posit that the system of global governance is not consistent with the objective of the domestic economy given that globalization results in the weakening of state capacity through dominance of the transnational flow of capital and investment. Hence, the transnational network of production and services is orchestrated beyond the regulation of policies of domestic countries. Consequently this paper offers recommendations on how the Nigerian economy should develop in order to keep pace with globalization. These include developing local technology, promoting domestic industry and manufacture of goods for exports as well as managing domestic affairs free from extraneous foreign intrusion.
37
Di Marco, Antonio. "Sports Economy and Fight against Corruption: Which Limits to the Sporting Organisations Autonomy?" European Business Law Review 32, Issue 5 (October 1, 2021): 877–904. http://dx.doi.org/10.54648/eulr2021031.
Анотація:
This research studies the impact of the growth of the sports economy on the limitation of the autonomy of sports organisations, taking into account the driving role of the sovereign power of public orders to fight against corruption. It illustrates the idea according to which the economic governance of sport is based on the specific governance of the International Sports Movement and it verifies how and to what extent the public orders are affecting the regulatory autonomy of sport’s transnational legal orders. The study analyses, firstly, the legal status of the sporting organisations, arguing that the fundamental operational and organisational requirements of sporting organisations have international sources and transnational effects. Secondly, it considers the economic competences of sporting organisations, detecting the limits of sport autonomy due to the exercise of economic activities. Thirdly, it points up the international convergences on managerial transparency and some examples of national and international monitoring of economic activities in sporting organisations, delineating the emergence of a specific international legal framework for economic sports governance. The analysis, finally, identifies the limits of the recent developments at international level, exposing the potential role of the European authorities and the legitimate ways to justify the international limitation of the autonomy of sport. Autonomy of sport, Private International Law, Public-private Governance, Corruption, Transnational Legal Order, Sports Economy, Legal Status of Sporting Organisations, Audit, Managerial Transparency, Economic Monitoring, International Sporting Convention
38
Hix, Simon, and Christopher Lord. "The Making of a President: The European Parliament and the Confirmation of Jacques Santer as President of the Commission." Government and Opposition 31, no. 1 (January 1996): 62–76. http://dx.doi.org/10.1111/j.1477-7053.1996.tb00149.x.
Анотація:
THE SINGLE EUROPEAN ACT AND THE MAASTRICHT TREATY attempted to balance two principles of representation in their redesign of the institutional structures of the European Union: the one, based on the indirect representation of publics through nationally elected governments in the European Council and Council of Ministers; the other, based on the direct representation of publics through a more powerful European Parliament. There is much to be said for this balance, for neither of the two principles can, on its own, be an adequate solution at this stage in the development of the EU. The Council suffers from a non-transparent style of decision-making and is, in the view of many, closer to oligarchic than to democratic politics. On the other hand, the claims of the European Parliament to represent public sentiments on European integration are limited by low voter participation, the second-order nature of European elections and the still Protean nature of what we might call a transnational European demos. The EU lacks a single public arena of political debate, communications and shared meanings; of partisan aggregation and political entrepreneurship; and of high and even acceptance, across issues and member states, that it is European and not national majority views which should count in collective rule-making.
39
Hamdi, Muhammad Arief. "PREVENTION OF THE TRANSNATIONAL CRIMINAL IN INDONESIA." Jurnal Ilmiah Kajian Keimigrasian 1, no. 1 (April 27, 2018): 165–75. http://dx.doi.org/10.52617/jikk.v1i1.20.
Анотація:
Transnational crime as a form of crime that can threaten the potential of community life such as economic, social, public order and the security of both national and regional. The development of transnational crime in Indonesia, as the impact of globalization as well as other factors relating to the movement of people from one area of the country to country or from an area to another area. So, very potential appears and the development of a new type of cross border crime.
The purpose of the research was to discover different shapes or types of crimes that can be categorized as a transnational crime which differentiate it from other crimes; Map the concept of handling and tackling transnational crime for the benefit of Indonesia; Find a harmonization of national laws and international laws related to cross border crime.
That to overcome the widespread crime, the necessary legal instrument relating to the types of crime that either national law or international law/international agreements with the protocol. On the other hand, the state was instrumental in anticipation of the influx of threats will be crimes is cross border through negotiations/diplomacy and cooperation-bilateral or multilateral cooperation is good.
40
Parella, Kishanthi. "The Information Regulation of Business Actors." AJIL Unbound 111 (2017): 130–33. http://dx.doi.org/10.1017/aju.2017.31.
Анотація:
A transnational legal order (TLO) is emerging regarding the role of businesses in respecting human rights. This legal order includes multistakeholder initiatives, international organization recommendations and guidelines, NGO certifications, and other voluntary instruments. Many of the norms within this TLO are nonbinding and therefore lack mandatory compliance; what they may possess is persuasive power, particularly when the norms are developed, endorsed, and managed by reputable organizations. It is that reputational, or legitimacy, advantage that matters for encouraging industry associations to comply with the nonbinding norms associated with these organizations. Industry associations and other business actors will gravitate more towards legitimacy enhancing organizations when their own legitimacy is at stake. They pivot towards public organizations such as the United Nations or private NGO initiatives like the Rainforest Alliance, seeking to associate themselves publicly with these organizations that enjoy more perceived legitimacy. These business relationships with legitimizing bodies can take the form of partnerships, certifications, or other arrangements where an industry association adopts and incorporates nonbinding norms when it otherwise might not. In this essay, I discuss three transnational legal processes that encourage industry associations, their members, and other business actors to abide by nonbinding transnational legal norms concerning business and human rights.
41
Waddington, David, and Mike King. "The Impact of the Local: Police Public-Order Strategies During the G8 Justice and Home Affairs Ministerial Meetings." Mobilization: An International Quarterly 12, no. 4 (December 1, 2007): 417–30. http://dx.doi.org/10.17813/maiq.12.4.20735357u1x88334.
Анотація:
Much public order policing research attempts to, first, elucidate general trends of public order policing change and, secondly with respect to the policing of transnational summits in particular, focus on the deterministic effects of international and national priorities concerning the way they are policed. While the authors recognize the important contribution of such research towards an understanding of policing in this arena, in this article they put forward a crucial further dimension, namely the complementary need for a more nuanced understanding of the dynamic relationships involved in protest policing at the local level. To this end, this study not only draws from participant observation of a specific event, namely the policing of one round of G8 meetings between Justice and Home Affairs Ministers taking place in Sheffield, England, in June 2005, but also a wealth of interviews undertaken with city council officials, media representatives, police and protesters alike.
42
Navarrete Escobedo, David. "Foreigners as gentrifiers and tourists in a Mexican historic district." Urban Studies 57, no. 15 (January 29, 2020): 3151–68. http://dx.doi.org/10.1177/0042098019896532.
Анотація:
Transnational gentrification has become a key element of urban and sociocultural transformations in several Latin American countries. New urban policies and transnational real estate markets adapt the city in order to respond to the expectations of transnational middle classes. This paper explores the case of San Miguel de Allende in Mexico. Methodologically, it adopts a qualitative approach and analyses two of the most important manifestations of transnational gentrification: lifestyle migration and luxury tourism. Historical files on protected buildings in San Miguel de Allende’s historic centre were used to observe functional alterations. This is supplemented with other statistical data (including the spatial pattern of Airbnb rentals) and direct observations of public spaces. I propose that transnational gentrification leads to a heritage-led transnationalisation of real estate, evidenced by luxury housing, boutique hotels, art galleries and other high culture spaces that cater to higher-income lifestyle migrants and tourists. As a result, the new class of owners and users changes the place’s identity, which has implications for lower-income groups’ right to the city. The process in San Miguel de Allende is analogous to processes in cities such as London, New York or Paris, where notions of heritage urbanism have also helped transnationalise local real estate markets. However, it also evinces other processes that are more difficult to appreciate in the Global North (growing rent gaps, real estate companies’ aggressive pursuit of gentrification and deep historical inequalities that are exacerbated by heritage-led gentrification).
43
Matei, Aniela, and Elen-Silvana Bobârnat. "Parental Role Changes in Romanian Transnational Families: Consequences of Migration." International Journal of Environmental Research and Public Health 18, no. 24 (December 8, 2021): 12960. http://dx.doi.org/10.3390/ijerph182412960.
Анотація:
Even if there are consistent studies on the issue of transnational families, research is still needed to address the parental role changes in these families. The aim of this article was to identify the main changes in the parental roles of Romanian transnational families as a result of the parents’ labor migration. We used interviewing as the research method and directed content analysis to analyze the data. Purposive sampling was conducted in order to identify the interviewees. The results captured important role changes regarding the income provider role of the parent, but especially the role of emotional support provider that the parent should take on for the children. These findings highlight the need to develop specific measures to address the possible negative effects that affect these transnational families.
44
Petersmann, Ernst-Ulrich, and Armin Steinbach. "Neo-Liberalism, State-Capitalism and Ordo-Liberalism: ‘Institutional Economics’ and ‘Constitutional Choices’ in Multilevel Trade Regulation." Journal of World Investment & Trade 22, no. 1 (February 19, 2021): 1–40. http://dx.doi.org/10.1163/22119000-12340202.
Анотація:
Abstract Reforms of international trade and investment law and institutions are hampered by conflicting economic paradigms. For instance, utilitarian Anglo-Saxon neo-liberalism (e.g. promoting self-regulatory market forces privileging the homo economicus), constitutional European ordo-liberalism (e.g. protecting multilevel, constitutional rights and judicial remedies of European Union citizens), and authoritarian state-capitalism (e.g. protecting totalitarian power monopolies of the communist party in China) pursue different legal and institutional designs of trade and investment agreements. Globalization and its transformation of national into transnational public goods (PG s) require extending constitutional and institutional economics to multilevel governance of transnational PG s in order to enhance the wealth of nations. Maintaining the worldwide legal and dispute settlement system of the World Trade Organization (WTO) – and interpreting its regional and national exception clauses broadly in order to reconcile diverse, national and regional institutions of economic integration and of ‘embedded liberalism’ – remains in the interest of all WTO member states.
45
Allen, Michael O. "Unbundling the State: Legal Development in an Era of Global, Private Governance." International Organization 77, no. 4 (2023): 754–88. http://dx.doi.org/10.1017/s0020818323000218.
Анотація:
AbstractWhat happens to a public, domestic institution when its authority is delegated to a privately run, transnational institution? I argue that outsourcing traditionally national legal responsibilities to transnational bodies can lead to the stagnation of domestic institutional capacity. I examine this through a study of international commercial arbitration (ICA), a widely used system of cross-border commercial dispute resolution. I argue that ICA provides commercial actors an “exit option” from weak public institutions, reducing pressure on the state to invest in capacity-enhancing reform. I find that the enactment of strong protections for ICA leads to the gradual erosion of the capacity of domestic legal institutions, particularly in countries with already weak legal systems. I test the mechanism driving this dynamic using dispute data from the International Chamber of Commerce. I find that pro-arbitration laws increase the use of international arbitration by national firms, suggesting that firms use ICA as an escape from domestic institutions. This article contributes to debates on globalization and development as well as work on the second-order effects of global governance institutions.
46
Heyse, Petra. "'She has to be Prepared to Improve Herself': Shaping Femininities in Transnational Marriage Agencies in Russia." Journal of Social Policy Studies 16, no. 2 (July 3, 2018): 355–70. http://dx.doi.org/10.17323/727-0634-2018-16-2-355-370.
Анотація:
Petra Heyse – Departement Taalkunde (IPrA Research Center), Universiteit Antwerpen, Belgium. Email: petra.heyse@gmail.com
This article draws on a broader research project that scrutinizes online / offline representational practices on transnational matchmaking websites featuring so-called 'Russian brides'. The central research question is: how are recurrent online representations related to gender (in intersection with other identity categories) co-constructed in the daily interactions between matchmaking staff and female clients on the floor of a marriage agency. To these aims, the researcher conducted participant observation in a transnational marriage agency in a Russian city and used linguistic ethnographic methodologies. The analysis for this article concentrates on the routine argumentative strategies that are used by matchmaking personnel to legitimate their intermediating role to Russian-speaking female clients in the case agency on the basis of in-depth interviews with agency staff and female clients. The analysis of discursive positioning in interviews with translators and female clients sheds light on the social order that is discursively created. This order is functional in defining and reproducing the commercial dependencies between matchmaking staff and female clients in a transnational globalized industry. This study demonstrates the way in which: (a) matchmaking personnel in the case study constructs subject positions in discourse – i. e. of transnational matchmaking experts and of female clients – by drawing on commonsensical public discourses of difference that encompass gender, age and nationality, and (b) matchmaking personnel affiliates with its clients by conceiving the matchmaking approach as an increasingly popular genre of self-improvement for Russian-speaking women.
47
Kurosaki, Akira. "Japanese Scientists’ Critique of Nuclear Deterrence Theory and Its Influence on Pugwash, 1954–1964." Journal of Cold War Studies 20, no. 1 (April 2018): 101–39. http://dx.doi.org/10.1162/jcws_a_00802.
Анотація:
This article sheds new light, from a transnational perspective, on the intellectual struggle in Japan over nuclear deterrence. Japanese scientists opposed the Cold War order from the superpowers on down. Against the backdrop of the intensifying nuclear arms race between the United States and the Soviet Union, Pugwash scientists came to accept a key notion by the mid-1960s; namely, that stable mutual deterrence is a prerequisite for averting nuclear war and promoting nuclear arms control. Under such circumstances, the Japanese Pugwash scientists began to criticize nuclear deterrence in the early 1960s in Japanese society. This article recounts how their challenges to the intellectual hegemony of nuclear deterrence developed not only from antiwar and antinuclear sentiments that they shared with the Japanese public, but also from the transnational transfer of ideas through the Pugwash organization.
48
Nachman, Lev, Adrian Rauchfleisch, and Brian Hioe. "How China Divides the Left: Competing Transnational Left-Wing Alternative Media on Twitter." Media and Communication 10, no. 3 (July 28, 2022): 50–63. http://dx.doi.org/10.17645/mac.v10i3.5345.
Анотація:
Twitter has pushed public opinion on foreign policy into partisan bubbles that often value alternative media sources over traditional media or political elites. Public opinion on China is no exception. On the left, some alternative media outlets support China as a socialist ideal, while others criticize it as a key player in global capitalism and neoliberal order. This leads to an important puzzle: How and why do some transnational left media disseminate pro-China messaging while others do not? We focus on two leftist alternative media outlets: the Qiao Collective and Lausan. Both organizations claim to offer a variety of counter-hegemonic-oriented discourses. We first qualitatively analyze the differences in how these two organizations frame key topics in contemporary Chinese politics including Uyghurs in Xinjiang and the Hong Kong protests. We then use quantitative social network analysis to show how their communication efforts lead to different follower audiences. In the last step, we analyze what issues the Qiao Collective is using to achieve its inward- and outward-oriented goals. Our study shows how both outlets focus on the transnational left, but each reaches distinct audiences that do not overlap. We find that the Qiao Collective jumps on traditional left-wing issues in the US to extend its reach while regularly posting positive, often revisionist perspectives about Chinese politics. This specific element conflicts with its claim of supporting anti-imperialist and pro-democracy politics and distinguishes the Qiao Collective from other transnational left outlets.
49
Gulasaryan, A. S. "The Legal Nature of International Energy Associations in the Modern World." Lex Russica, no. 5 (May 31, 2019): 72–90. http://dx.doi.org/10.17803/1729-5920.2019.150.5.072-090.
Анотація:
For the first time in the Russian science of international law the author of the paper performs a comprehensive analysis of the legal nature of international energy associations, their role in international administration in the sphere of energy.International energy associations are grouped into four categories depending on their legal nature: 1) associations in the form of public international organizations (IAEA; Eurato/ESAE; OPEC; EES CIS; CECH; EC; FEG; IRENA);2) associations functioning as a body of a public international organization (IEA OECD); 3) associations that can be considered as international non-governmental (transnational) organizations (WEC, IGU, IOC), (4) associations that can be classified as informal international associations (G7/G8; G20; IEF). It is noted that the international energy administration involves not only public international organizations, but also non-legal actors of international relations— international non-governmental(transnational) organizations and informal international associations. In order to determine the legal nature of international energy associations, the author considers constituent instruments, resolutions (decisions), headquarters agreements, agreements regarding privileges and immunities of international organizations, treaties and the contemporary doctrine of international law.Provisions, generalizations and conclusions provided for in the article, can be used for the development of strategies of interaction of the Russian Federation with the above-mentioned associations in the field of energy.
50
Peters, Mayte. "The Democratic Function of the Public Sphere in Europe." German Law Journal 14, no. 5 (May 1, 2013): 673–93. http://dx.doi.org/10.1017/s2071832200001978.
Анотація:
Democratically legitimized European integration calls for developments in culture and society—which arise naturally in the scope of on-going political, economic and institutional European Union (EU) integration—to be publically debated so they may be politically processed. The space where this happens is the public sphere, or, in the context of the EU, the European public sphere. The latter complements national public spheres. Successful integration among EU Member States is made possible by adhering to a common set of values at the same time as respecting the national identities of the Member States and fostering cultural diversity. By way of Union citizenship rights, individuals are able to make use of and actively promote the Europeanization of societies and cultures. Yet citizens are affected by Europeanization to differing degrees, with only a minority of citizens actively partaking in transnational exchange. In order to account for European integration democratically, the EU treaties hold provisions allowing for a close institutional interdependence of national and European democracy.