Arguments In Favour Research Articles

Maritime Pilotage from the Perspective of the International Law of the Sea

Abstract Matters concerning maritime pilotage have only been dealt with in a few individual points in international maritime law, as pilotage services generally are regulated in the respective territorial waters in accordance with national law. However, especially in view of the possible further expansion of use of deep-sea pilots, it seems worthwhile taking a closer look at the obligations and powers under international law to provide pilotage services. This applies in particular to the establishment of compulsory pilotage and its limitation by the freedom of navigation rights under international law in the various maritime zones. Considerable legal ambiguities become apparent in this context. Hence there are arguments in favour of explicitly regulating maritime pilotage by including it in the provisions on maritime services in Chapter V of the Annex to the International Convention for the Safety of Life at Sea.

Vaccine Mandates and Cultural Safety.

The issues and problems of mandatory vaccination policy and roll out in First Nations communities are unique and do not concern the safety and effectiveness of vaccines. These issues are also independent of more specific arguments of mandatory vaccination of healthcare workers as a condition of employment. As important as these issues are, they do not consider the complex politics of ongoing settler colonialism and First Nations community relations. In this paper, we also set aside the very real problems of disinformation, hesitancy, scientific and health illiteracy, and other concerns that drive vaccine hesitancy and refusal. These affect all communities, including First Nations communities. We, instead describe the dominant arguments in favour of mandatory vaccination and critique them in terms of the disputed legitimacy of Settler-Colonial decision-making as it impacts First Nations communities. We contend cultural responsiveness and safety-not state compulsion-must remain the first principles of any engagement-including vaccination-with First Nations Peoples, families, and communities.

The value of healthy ageing: Estimating the economic value of health using time use data

IntroductionEconomic arguments in favour of investing in health and health care are important for policy making, yet demonstrating the potential economic gains associated with health at older ages can be empirically challenging due to older peoples’ limited attachment to the labour market. MethodsWe develop a novel method to quantify the economic value of health through time use data. Using data on people aged 65 years-old and older from the United Kingdom Time Use Survey (UKTUS) 2014–15, we apply survey-weighted generalized linear models to predict the time spent in non-market productive activities conditional on characteristics including age and self-perceived health. We weight these estimates of predicted minutes spent in each activity using household satellite accounts to quantify the monetary value of time spent engaging in non-market productive activities according to health status and simulate the monetary impact of health gains at older ages. ResultsBoth age and self-perceived health status were associated with minutes spent in many non-market productive activities. Summing the monetized predictions of minutes spent across all types of activities indicates that being in “very good” instead of “very bad” self-perceived health is associated with an additional production of 439£, 629£ and 598£ (in real 2015 GBP) per month for an average individual aged 65 to 74 years-old, 75 to 84 years-old and 85 years-old and older, respectively. Using our simulation model, if 10% of older people in “very bad” health in the United Kingdom were to transition to “very good” health it could lead to an increase of up to 278£ million through the production of non-market activities. ConclusionsHealth at older ages creates considerable economic value which is not observed using standard national accounting measures. Our method to quantify the monetary value of health can be adapted to other settings to make the economic case for investing in healthy ageing.

Positional faithfulness and nasal assimilation in English

This article analyzes the process of Nasal Assimilation in English.1 The approach to Nasal Assimilation in a standard rule-based framework can be conducted in two ways: by assuming an underlying alveolar nasal or by employing underspecification. The article contributes to the ongoing debate regarding underspecification in phonology and focuses on employing underspecified representations in Optimality Theory. First, it is argued that in such words as, for instance, somber, Nasal Assimilation is best analyzed in terms of positional faithfulness in the form of prevocalic faithfulness. Second, as the analyses show, positional faithfulness does not provide a workable scenario for all the data, and it is necessary to use underspecification to satisfactorily analyze English words which lack the context for positional faithfulness, for example, swamp. Nevertheless, subsequent evaluations demonstrate that in certain phrases, for instance, sing boys, employing underspecification is not sufficient either, and level distinction is necessary. Therefore, the article also offers an argument in favour of levels in Optimality Theory.

Advancing breeding for climate‐resilient yam production in Côte d'Ivoire

Societal Impact StatementYam plays an important role in ensuring food security in Côte d'Ivoire, serving as a staple crop for 60% of the population and a significant source of income. It holds deep cultural significance for the Akan and Gour ethnic groups. Preserving yam production is essential for both food security and the preservation of cultural heritage. However, productivity is decreasing while demand is expected to double in the next 30 years. Soil degradation and climate change are major threats to yam production. This article contextualizes the main factors threatening yam production (i.e., soil degradation and climate change) and discusses the consequences and ways to mitigate them.SummaryThe anticipated twofold increase in Côte d'Ivoire's population within the next three decades poses a significant challenge for agricultural research to sustain food security. Despite being an under‐researched and often neglected crop, yam remains the primary staple food and a crucial source of income in the country. With an annual estimated market value of over 2000 billion CFA francs, yam ranks among the top five most economically valuable crops in Côte d'Ivoire. For the past 15 years, yam production has experienced a decline in productivity, which has been compensated for by expanding the cropped area. Unfortunately, this approach exacerbates the risk of deforestation and soil degradation. Additionally, the impact of climate change on yam production, coupled with a lack of financial resources to address it, has rendered this unsustainable mode of production even more precarious. The purpose of this study is to provide an overview of the effects of climate change on yam production in Côte d'Ivoire. We investigated the reasons for the productivity decline and described the risks on food security. Furthermore, we explained how varietal innovation of Dioscorea alata could play a critical role in mitigating these effects and outlined related research avenues that need to be explored. To help policymakers and research programme directors justify the importance of this agenda, this article presents the main arguments in favour of a substantial investment in adapting yam production to the global changes affecting Côte d'Ivoire.

Critical Realism and Technocracy – RW Sellars’ Radical Philosophy in its Context

The victory of realism over idealism at the start of the twentieth century, and of scientific realism over logical empiricism and pragmatism in the mid twentieth century, is a striking phenomenon that calls for historical explanation. In this paper I propose an externalist account, looking at the social and political reasons why realism became attractive, rather than considering the internal factors–the merits of the arguments in favour of realism. I look at the agenda of Roy Wood Sellars’ critical realism which was not narrowly theoretical, but very much related to his concerns for the development of American society post WW1, as expressed in The Next Step in Democracy (1916b) and The Next Step in Religion (1918). I discuss the significance of technocracy in America – not only the increasing influence of scientists and engineers in government, but also the diffusion of the view that social issues are best addressed by scientific, technical means. Counter-cultural critics of technocracy, such as Roszak (1969) claimed that a “scientific world-view” provided an “ideology” for this system of governance. We will see that RW Sellars was explicitly involved in the task of building a scientific world-view, but with political goals that were probably not realised by the post-war establishment.

SOCIO-ECONOMIC COMPONENT OF THE STATE POLICY IN THE FIELD OF PREVENTION OF CRIMINAL OFFENCES AGAINST LABOUR RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN

The purpose of the article is to reveal the essence and content of socio-economic elements of the state policy in the field of prevention of criminal offences against labour rights and freedoms of a person and a citizen; to consider the main methods of risk management in the construction of the crime prevention mechanism as the ways of ensuring the economic security of the state. Scientific discussion of the problem of correlation of criminal-legal, criminological and economic aspects of reduction of quantitative and qualitative indicators of such socially dangerous acts is presented. The socio-economic determinants of the studied type of crime are characterised. The authors' vision of the peculiarities of labour legislation in the conditions of martial law functioning and their correlation with the intensification of crime and the destabilisation of the economic situation in the country is outlined. The problem of the high level of migration is updated and explained from the point of view of the unsatisfactory economic situation, which complicates the process of employment of young people, and the unsatisfactory level of providing the population with higher education. The need to integrate the social aspect into the labour legislation has been demonstrated by standardising the provisions on the preferred categories of employees, the specifics of their performance of labour duties, etc. Socio-economic measures and means to prevent criminal offences against the labour rights of citizens are proposed. Results. Regulatory legal acts establishing the peculiarities of employees' performance of their labour duties have been regulated, and the Law of Ukraine "On Peculiarities of Regulation of Labour Relations under Martial Law" No. 2136-IX of 15.03.2022, which defines the procedure for interaction between the employer, the state and the employee, regarding the special legal regime, has been singled out. The article provides additional arguments in favour of the need to introduce systemic changes to the Labour Code. It is established that the socio-economic determinants of criminal offences against labour rights of citizens include the following phenomena: 1) martial law and the COVID-19 coronavirus pandemic have reduced Ukraine's investment attractiveness, leading to a fall in the labour market, the need to cut jobs and the resulting labour disputes, and the need for employers to resort to criminal violations of employees' rights (gross violation of labour laws, gross violation of an employment contract, coercion to participate in a strike or obstruction of participation in a strike, and so forth); 2) the levelling of the need for conceptual reforms of the concept of sustainable development in the current political and economic environment has led to the end of globalisation and the beginning of localisation, and, as a result, migration of the population causes the loss of labour resources and the retention of employees by illegal means (in particular, through unjustified non-payment of wages, scholarships, and more); 3) regular attacks on critical infrastructure facilities and complications in energy security increase the demand for certain professions (e.g., in the defence industry) and make others irrelevant, which leads to massive redundancies in other professions; 4) financial, technical, organisational, administrative and personnel problems in the work of commercial courts, which makes it difficult for the court to resolve disputes related to business activities.

Foreign experience, and domestic practice of legal regulation of special principles of administrative procedure

The article is devoted to the analysis of special principles of administrative procedure. The author has studied the administrative procedure legislation of Germany, Kyrgyzstan, Azerbaijan, Croatia, Switzerland, Lithuania, and Austria. The authors compare the legislative provisions on special principles of administrative procedure of these countries with the legislation of Ukraine with the Law of Ukraine «On Administrative Procedure» which is coming into force.
 It is noted that administrative procedure is not homogeneous and standard, but rather has many features and variations depending on: (a) a specific area of public administration, (b) goals, objectives, and functions of executive authorities, and (c) national traditions and international standards. Therefore, it is necessary to conduct a comparative legal analysis of the special principles of administrative procedure that determine the specifics of their legal regulation in different national legal systems.
 The authors identify a system of four «layers» of principles applicable to administrative procedure. Among them, the author distinguishes the following: (1) general legal principles; (2) principles of administrative law; (3) principles of administrative process as a procedure for exercising power by public administration bodies in the appropriate procedural form based on the world and European principles of good governance and administration; (4) principles of administrative procedure.
 The main attention is paid to the special principles of administrative procedure which relate to the administrative procedure itself. Among them, it is proposed to distinguish two groups: (a) organisational and (b) functional axiological. The author substantiates that the organisational principles include the principle of economy, investigative principle, the principle of the State language, impartiality, publicity, and coordination. As functional axiological principles, the author identifies the following: the principle of prohibition of abuse of law and prohibition of over­formalism, the principle of uniform application of law, presumption of reliability, the principle of interpretation of law in favour of interested non-governmental persons, and the principle of meaningful absorption. Each of the principles is given a significance and its place in the legislation of Ukraine and other countries.
 The authors concludes that further syste­matisation and consolidation of these principles, in turn, is an additional argument in favour of the Law of Ukraine «On Administrative Procedure» which is currently coming into force and its possible further modifications.

What is fair? Ethical analysis of triage criteria and disability rights during the COVID-19 pandemic and the German legislation

This essay discusses the ethical challenges and dilemmas in allocating scarce medical resources during the COVID-19 pandemic, using the German legislative process as a starting point. It is guided by...

Realist legitimacy: What kind of internalism?

Most realist theories of legitimacy are internalist theories, meaning that they regard legitimacy as a function of how subjects view their own rulers. However, some realists seek to qualify their internalism by holding that legitimacy is not simply a matter of whether subjects accept their rulers’ exercise of power. According to one such view, legitimacy requires that rulers’ power be ‘acceptable’ to subjects, in the sense that it can be justified on the basis of values that they accept. Call this acceptability internalism. In this article, I argue that realists should reject acceptability internalism. I first argue that acceptability internalism has the disadvantage of separating the concept of legitimacy from the interests of rulers. I then consider two arguments in favour of acceptability internalism, and argue that both should be rejected.

Rejecting the extended cognition moral narrative: a critique of two normative arguments for extended cognition

Given the explanatory stalemate between ‘embedded’ (EMB) and ‘extended’ (EXT) cognition, various authors have proposed normative and moral arguments in favour of EXT. According to what we call the “extended cognition moral narrative” (EXT-MN) (Cassinadri, 2022), we should embrace EXT and dismiss EMB, because the former leads to morally preferable consequences with respect to the latter. In this article we argue that two arguments following the EXT moral narrative are flawed. In Sect. 2.1 and 2.2, we present respectively King (2016) and Vold’s (2018) ‘argument from assessment of capacities’ (AAC) and Clowes (2013), Farina and Lavazza’s (2022a) ‘cognitive diminishment argument’ (CDA). The AAC states that we should embrace EXT over EMB since the former is better at attributing cognitive credit to individuals with learning disabilities who use assistive tools to complete their learning tasks, thus avoiding their marginalisation. The CDA states that EMB implies a morally undesirable picture of the agent in terms of cognitive diminishment. In Sect. 3, we clarify and criticise the underlying assumptions of the AAC and CDA: the “cognitive credit assumption”, the “marginalisation assumption” and, more generally, an ableist conception of disabled agency. In Sect. 3.1, we discuss the role of moto-perceptual skills and metacognitive credit involved in complex cases of tool-use, to demonstrate that the EXT-MN is uninformative in addressing these cases. To conclude, in Sect. 4 we argue that AAC and CDA fail to present EXT as descriptively and normatively superior to EMB.

Canadian Newspapers Support Mifepristone Medication Abortion to Improve Fulfillment of the AAAQ Right to Health Framework (2015-2019).

In 2015, mifepristone in combination with misoprostol, the international gold standard for medication abortion, was approved for use in Canada. By 2019, all Canadian provinces had included the medication as a publicly insured health benefit. Our content analysis of Canadian newspaper coverage describes arguments in favor of or against medication abortion and the evolving regulatory framework for mifepristone from 6 months before regulatory approval until the last significant regulatory barrier to use was removed (2015-2019). Our study found an exceptionally high level of support for the approval of, introduction of, and removal of regulatory barriers to mifepristone for medication abortion. Of 402 pieces, 67% were pro-medication abortion, 25% presented balanced or neutral coverage, and only 8% presented solely anti-medication abortion viewpoints. Of the 761 individuals quoted, more than 90% made positive or neutral statements about medication abortion. Most pieces discussed medication abortion as a health issue and described how liberalization of the regulatory framework would improve abortion availability (68%), accessibility (87%), acceptability (34%), and quality (28%). Rather than formal balance, which presents contrasting arguments as equally valid even when the scientific evidence for one vastly outweighs the other, our study identified evidentiary balance, in which coverage aligned with the weight of evidence and expert opinion. Our results differ from analyses in other high-income countries (United Kingdom, United States) where media outlets frame abortion in relation to morality or electoral politics rather than as a health issue. The Canadian print media presented overwhelmingly favorable arguments toward the expansion of mifepristone medication abortion and framed the introduction and universal coverage of medication abortion as advancing the "Availability, Accessibility, Acceptability, and Quality" (AAAQ) Right to Health Framework that establishes international human rights standards for health information, facilities, goods, and services.

Indefeasibility of Title and Adverse Possession in Kenya: An Uneasy Relationship?

The doctrine of adverse possession conjures up deep emotional and philosophical arguments, centuries after its inception. While courts have perpetually been called upon to pronounce themselves on the fairness of the doctrine, a new formidable challenge has now been levelled against the principle-that of its relevance to 21st century land law. The debate rages on in courtrooms and parliamentary floors around the world, calling lawmakers, members of the bar and the bench to contribute to the keep or discard dichotomy. This paper makes an argument for the incompatibility of adverse possession with an era characterized by rigorous registration systems. The analysis begins by tracing the history of adverse possession and then proceeds towards an empirical assessment of the arguments in favour of, and against the doctrine. The discourse then contextualizes the discussion to Kenya’s land law and concludes by making an argument against the retention of the doctrine with respect to registered land.

Health taxes in Indonesia: a review of policy debates on the tobacco, alcoholic beverages and sugar-sweetened beverage taxes in the media

IntroductionOne of the WHO’s ‘best buys’ in controlling non-communicable diseases and their risk factors is to impose health taxes. While the Indonesian political process inhibits the implementation of health tax...

Die Verlängerung einer modifizierten Strompreisbremse zur Stärkung der deutschen Wirtschaft

Abstract This article summarises the results of a study on the Germany energy crisis and the need for an extension and modifications of the electricity price break. The study shows that the energy crisis led to a short-run output loss comparable to the output losses associated with the COVID-19 crisis in 2020 and the financial crisis in 2008/2009. In addition, real wage losses during the energy crisis are the largest losses on record. Finally, there is the risk of permanent economic damage leading to a period of economic stagnation. The extension and modification of the electricity price break until 2030 is an important policy instrument to help the Germany economy avoid economic stagnation. The argument in favour of such price controls is that the energy crisis has pushed the electricity price above its long-run equilibrium value.economic stagnation. The economiy argument in favor of such price controls is that the energy crisis has pushed the electricity price above its long-run equilibrium value.

A Perspective on NFTs in the Arts-and-Music Industry*

Abstract Significant interest in non-fungible tokens (NFTs) as a means of changing the music industry has motivated this investigation. First, a comprehensive literature review (of strengths, weaknesses, opportunities and threats [SWOT]) provides a summary of the benefits and costs associated with the deployment of blockchain- and NFT-based transactions in the music industry. Considerable effort has been devoted to identifying the economic, legal and regulatory benefits and drawbacks of applying the new technology. NFTs may be the final realisation of the digital universe, bringing exclusivity and revenues to the creator economy and the chance to revalue creative work. The technology's drawbacks may exceed its advantages. Navigation within the crypto regulatory landscape is still deemed as exploring uncharted territory. It is further complicated by the fact that it is largely uncertain which legal framework may apply due to the lack of jurisdiction-identifying criteria. Second, quantitative research is conducted as an online survey directed towards two research questions: 1) What is the extent of familiarity and knowledge related to NFTs, as well as perspectives on NFTs as potential disruptors? 2) What is the extent of music creators’ perception of NFT-related opportunities and NFT integration into the music industry? Twenty EU countries were selected for the survey. Respondents answered twenty questions focused largely on demographics, their awareness of NFTs and their perceived potential for disrupting the music industry. It is too early to say whether NFTs will be utilised successfully, especially by independent musicians. The arguments in favour of NFTs are compelling, but there are issues regarding the levels of awareness and competence required for implementation.

Revival and institutionalization of Cossacks in the south of Russia: stages, peculiarities and current state of affairs

The article discusses the basic principles of the state's interaction with representatives of modern Cossack communities and their organisations in the Southern regions of Russia. It takes into account both the cultural potential of the region and the global political challenges facing the state. The article presents arguments in favour of the idea that modern Cossack communities play a significant role in the social life of Southern Russia. It also highlights the positive influence of Cossack communities on regional security and the promotion of high patriotic sentiments among the local population.
 The author emphasises that the high cultural potential of the Cossack communities in Southern Russia can be utilised for the institutionalisation of civic patriotism. However, the article also acknowledges the cultural and historical peculiarities of the region, particularly the historical memory of the residents considering themselves direct descendants of pre-revolutionary Cossacks who greatly suffered from the state policy conducted by the Bolsheviks during the Soviet era.
 Therefore, the integration of the history of Cossacks in Southern Russia into the national history of the modern Russian Federation remains relevant, especially given the challenges and threats of recent decades. The article highlights that representatives of Cossack organisations actively participate in institutionalising the historical memory of the region's residents.
 Attention is drawn to the fact that the Cossacks possess important resources that, in collaboration with the authorities and local self-government bodies, enable them to pursue a policy aimed at ensuring socio-cultural security in Southern Russia. In conclusion, the author suggests that consistent measures should be taken to strengthen socio-cultural security in the Southern regions of Russia, with active involvement and support from Cossack organisations.

Why Arithmetic’s Incompleteness Might Suggest That Mathematics Is Discovered

Is mathematics invented or discovered? This question has perturbed philosophers and mathematicians alike for centuries. In this manuscript, we propose a novel argument in favor that fundamental arithmetic is dis- covered rather than invented using Kurt Gödel’s Incompleteness Theo- rem because essentially incompleteness seems to be a property unique to arithmetic and counter-intuitive to invented systems. We first summarize Gödel’s argument, then argue that arithmetic’s essential incompleteness shouldn’t be a property in purely invented systems without it, giving an example on how to resolve incomplete systems in those systems and argue that arithmetic is to some extent discovered because of this difference in property. We also conjecture that any invented system that could be proven to be essentially incomplete with a similar logic to Gödel’s method can express arithmetical relationships in some form. Finally, we account for some objections to discovery.

Reproduction in life and death: should cancer patients with a poor prognosis be offered fertility preservation interventions?

In the context of a cancer diagnosis, fertility preservation interventions are used to mitigate the potential impact of gonadotoxic cancer treatment upon fertility. They provide patients with cancer the option to freeze their reproductive material to have their own biological child following treatment. The evidence suggests some clinicians are less likely to have fertility preservation discussions with patients who have an aggressive or metastatic cancer which has a poor prognosis. Although this is contrary to current policy recommendations, there is a lack of guidance relating to offering fertility preservation in the context of a poor prognosis to support clinicians. Controversy surrounds posthumous reproduction, and whether the wishes of the cancer patient, when living and deceased should take precedence over others' wellbeing. We consider the question of whether cancer patients with a poor prognosis should be offered FP from an ethics perspective. We structure the paper around key arguments to which multiple ethical principles might pertain, first establishing a central argument in favour of offering fertility preservation based on respect for autonomy, before exploring counterarguments. We conclude by proposing that a defeasible assumption should be adopted in favour of offering fertility preservation to all cancer patients who might benefit from it. It is important to recognise that patients could benefit from fertility preservation in many ways, and these are not limited to having a parenting experience. The burden of proof rests on the clinician in collaboration with their multi-disciplinary team, to show that there are good grounds for withholding the offer.

Democratic Planning and its Pitfalls: E. H. Carr, Harold B. Butler, and the Interwar Crisis

The article investigates competing arguments in favour of democratic planning by comparing and contrasting the writings of E. H. Carr (1892–1982) and Harold B. Butler (1883–1951). As British civil servants and distinguished commentators on public affairs, Carr and Butler were deeply struck by the magnitude of the Great Depression and its political repercussions around the world. Despite having a similar background and being critical of laissez-faire economics, Carr and Butler came to express two conflicting visions of the implications of planning for democracy, informed by their respective fascination with the Soviet experience and the New Deal. Ultimately, they took opposite stances on Britain's post-1945 nationalizations, a development that highlights the extreme suppleness of the democratic planning discourse blossoming during the interwar years.