Coercive Actions Research Articles

PERANAN KEPOLISIAN DALAM MENANGANI TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK DI WILAYAH HUKUM KEPOLISIAN RESOR PELABUHAN BELAWAN

Child protection is all activities that can guarantee protection for children and guarantee their rights, such as living life from infancy to adulthood properly, and participating fully in accordance with human equality, as well as protection from coercive actions and discriminatory attitudes. However, criminal acts still involve children, such as in narcotics abuse. The abuse of narcotics has spread to children whose ability to think is still low, so they can quickly become involved in drug abuse, just because of the following factors to adults. It should be realized that in fact the most important factor that causes the child to be directly affected by the law because narcotics actually comes from outside himself, such as the lack of concern for parents (family) and environmental factors, relationships. The normative-empirical legal research method is used in the research. This is because the researcher uses statutory regulations as a study in solving problems, and the researcher also directly interviews related parties. The Belawan Harbor Resort Police has made efforts to make preventive (prevention) and repressive (prosecution) efforts in suppressing narcotics crimes, especially against children. Prevention efforts have been carried out in the form of socialization and legal counseling on narcotics abuse. This has been implemented in schools, universities, and the community in the Belawan Harbor Police area. So that the community, especially children, know the dangers of Narcotics in their lives. In terms of repressive efforts, the port resort police of Belawan have carried out examinations of children as narcotics abuse based on the law on the criminal justice system. This effort is in the form of diversion, namely rehabilitation or return to the parents. The implementation of regulations regarding the criminal justice system for children of narcotics abusers has not been fully implemented due to various obstacles in its implementation. Various factors, obstacles faced by the police in handling children who abuse narcotics are the behavior of child drug abusers, pressure on children from narcotics networks, short detention times for children, restrictions on diversion requirements, and rehabilitation as an effort to recover from drug abusers. which requires a long process

Value and Cost of Myeloma Therapy-We Can Afford It.

A national conversation regarding the price and affordability of drugs exists, where concern for value and benefits of medications is challenged by the increasing price of both injectable and oral medications, including the cost of care of myeloma. At the same time, we have seen unprecedented improvements in the overall survival of patients with myeloma, mostly because of the availability of these new drugs. Here, we present data to assert that these medications and associated expenses are of direct benefit to patients and society. The entrepreneurial reward for drug development in the United States has fueled vigorous drug development efforts that have culminated in the approval of 11 new drugs for the treatment of myeloma by the U.S. Food and Drug Administration (FDA) since 1999. These patented drugs are available to patients in the United States usually at a higher price than in the rest of the world. Nevertheless, the majority of patients, via direct copay assistance or through indirect support via third parties, have access to these drugs irrespective of their socioeconomic status. One of the major regulatory hurdles that prevents access to these drugs is the legal impossibility that pharmaceutical companies have in directly supporting copay assistance for patients with government-funded health care. Moreover, assessments of value should include formal pharmacoeconomic analyses performed by experts. Interference with market forces and coercive action, such as price controls, or exercising eminent domain in the quest for cheaper medications will stymie innovation and rob us of the cures of the future.

The Concept of Religion in Modern China: A Grassroots Perspective

Abstract Modern Chinese history offers scholars plenty of reasons to abandon the state-imposed neologism of ‘religion’. For its popularization in the late 19th century marked the start of multiple cycles of violence against ‘superstition’, its ideological twin. To the contrary, this article explores how ‘religion’ (zongjiao) is deployed by ordinary people in contemporary Southern Fujian. Through three case studies I demonstrate that ‘religion’ has become part of the ways ordinary people in contemporary Southern Fujian harmonize their conflicting ritual practices and ideas about the world. A more narrow and exclusive deployment of ‘religion’ by scholars, followed by policy makers, may augment the realms of ‘culture’ and ‘superstition’, the latter of which has in particular been subject to coercive action in China. Being aware of the nefarious consequences of deploying ‘religion’ outside the Western world since the 19th century, scholars today have a responsibility to premeditate the outcome of narrowing down the range of practices, architecture, clergy, communities, and objects currently associated with ‘religion’.

Comparative Study on the Pre-trial Detention with Reference to the New Hungarian Code on Criminal Procedure

Summary The decision of legislating the new Criminal Procedure Code made by the Hungarian Government in 2015 was necessary with special reference to the new forms of criminality and criminal investigation. The conception of the new Code on Criminal Procedure (hereinafter: new Code) was accepted by the Government on 11 February in 2015. The directives of the conception were the followings: efficiency, rapidity, simplicity, up-to-dateness, coherency and expediency. Not only the European but also the international requirements and the Hungarian legal traditions were followed by the legislation. Two years after the mentioned decision the new Code was adopted on 13 June 2017, and it will come into force on 1 July 2018. It shall be underlined that many procedural rules will be modified or changed in the new Code. The aim of this study to highlight some changes and amendments in the field of the coercive actions with special reference to the pre-trial detention. The characteristic of the paper will be the analytical and comparative method, and it deals with not only the Act on Criminal Procedure in force (Act XIX of 1998, hereinafter: Act in force), but also the new Code (Act CX of 2017) as well.

Amendments to the treatment regulations at a psychiatric hospital as the element shaping culture in terms of human rights

Abstract A psychiatric hospital is a special place. People undergoing treatment are in a unique situation. Mental illness remains a mystery for scientists because we do not know what factors influence its appearance. There were also no drugs that would completely cure the patient, as you never know whether the medicine will affect a particular person. Mental illnesses evoke anxiety and fear of the community. Some patients take disturbing or dangerous actions. Their behaviors are referred to as specific and different ones. A similar situation is caused by the appearance of psychotic symptoms. One should pay attention to delusions and hallucinations here. These symptoms cause the patient’s situation to deteriorate. Ultimately, they can cause dangerous behavior. It happens that a relative of a patient, who is in such condition, must take action without his/her consent. A similar issue has been analyzed in Poland for almost thirty years. Individual regulations, in exceptional cases, allow for undertaking coercive actions: treating the patient without consent, applying direct coercion. These interventions are controlled. Polish psychiatric legislation is constantly changing (new control institutions are introduced, the role of the family court is increased). This article presents the latest amendments. They are based on the principle of respect for human rights and freedoms.

Vanguards in Revolution

Revolutionary vanguards, their radicalism and coercive actions, and their interactions with ordinary citizens and the state are common threads in narratives of revolutionary movements. But what are the defining features of revolutionary vanguards? The literature is replete with terms that allude to some notion of a revolutionary vanguard (e.g., revolutionary entrepreneurs, entrepreneurs of violence, early-risers), but the essence of these conceptions and their implications for revolutionary process remain obscure. We identify and differentiate the two main notions of vanguards, the Leninist and “early-riser” notions, and develop a formal framework that captures their distinguishing features, deriving their implications for the likelihood of revolution and welfare. We then use this framework to study three related and overlooked topics: (a) state strategies in mitigating the vanguard's influence on citizens; (b) citizens’ preferences for the degree of vanguard radicalism; and (c) the vanguards’ use of coercion against citizens.

Issues and Challenges for Chinese Christians as Seen Online

Christianity and the Internet are two of the most controversial issues found in Western discourse on China. The most common angle to these discussions tends to emphasize coercive actions from the s...

Praying for America: The Constitutional Ban on Animus-Based and Theocratic Reasoning in the Establishment, Free Exercise and Equal Protection Clauses

In this essay I argue that the Constitution’s Equal Protection, Establishment, and Free Exercise clauses share a common principle prohibiting state action that is based on “theocratic” reasoning. Drawing on the free-exercise case of Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, I propose the “anti-theocracy principle” to describe the ban on theocratic state reasoning. According to the anti-theocracy principle, state action must meet two requirements. The first, “secular independence” requirement is that in addition to any religious reasons for laws, the state must have secular reasons available that can appeal to non-religious citizens. The second, “equal status” requirement is that state speech or reasoning must respect the equal status of citizens regardless of their race, gender, or sexual orientation. Although I develop and defend the anti-theocracy principle with reference to free exercise jurisprudence, I also argue that the anti-theocracy principle should be made explicit in the Court’s Equal Protection gay rights jurisprudence. Laws restricting gay rights are sometimes motivated by theocratic reasons. But laws discriminating against gays, like laws based in racial animus, lack a legitimate purpose. Having grounded the anti-theocracy principle in two fundamental constitutional provisions, I then extend it to recent controversies over the Establishment of religion. I argue that the anti-theocracy principle rightly constrains state expression, and not just state coercive action. It is therefore a more restrictive account of the Establishment Clause than Justice Kennedy’s “coercion test” from Lee v. Weisman, and it offers a way of clarifying and refining Justice O’Conner’s “endorsement test” from Lynch v. Donnelly.

Análise das demandas judiciais de medicamentos: uma abordagem da realidade do Distrito Federal, Brasil

Introdução: As publicações das Políticas Nacionais de Medicamentos e de Assistência Farmacêutica trouxeram muitos avanços e conquistas na área de medicamentos. Apesar dos avanços no acesso aos medicamentos no SUS, tem-se observado uma demanda judicial crescente pelo seu fornecimento. Objetivo: O objetivo deste trabalho foi identificar, quantificar e qualificar os medicamentos que foram garantidos mediante ações judiciais no TJDFT em 2011, além de verificar se houve a diminuição da quantidade de medicamentos padronizados garantidos em juízo, registrados no sistema de informações judiciais da Procuradoria Geral do Distrito Federal. Metodologia: A pesquisa realizada é classificada como documental, descritiva, com coleta retrospectiva de dados, expressada de forma quali-quantitativa. Resultados: Dos 250 processos tabulados, 216 foram utilizados para este trabalho. 100% dos processos analisados referiam-se a ações individuais. Dos processos analisados, destaca-se que 246 medicamentos foram judicializados no DF em 2011. A grande maioria dos medicamentos solicitados não constava em nenhuma lista oficial. Conclusão: Portanto, fica evidente uma atuação do Judiciário local não condizente com as políticas públicas do SUS.

Beyond Coercion: The New Politics of Conflict Processing in China

Coercive capacity matters for keeping stability of authoritarian regime. Yet governing conflict is more than deployment of coercion. State response to contentious politics can be classified by the form of power it uses to direct challenging behaviors. This paper suggests a typology of conflict processing mechanism and uses it to illustrate the diversity of China’s domestic security strategy and detect new signs of conflict management beyond coercive actions. The focus is an emerging social engagement approach—a conceptually distinct process through which contentious behavior is transformed by intermediate agencies. Despite its limits in handling large-scale conflicts, this approach of conflict resolution is able to contribute to regime stability from below by demobilizing and depoliticizing local and issue-based contentions.

De la guerre à la police

From the reign of King Louis XIV on, the missions associated with Small War were entrusted to new, specialized units, like the dragoons, but Household Cavalry was also used both for war and for high (political) policing. Tactics and procedures used to control occupied territories and extort contibutions from foreign civilians were the same as those used to suppress insurrections in France. The Maréchaussée (constabulary), a military force in charge of policing rural areas in France, was recruiting experienced troopers for staff and using the skills polished in Small War. So Small War asserted itself as a laboratory that allowed defining the use of military forces as a scale about which the authorities were knowing how to move the cursor of coercive action.

Qualitative exploration of stakeholders’ perspectives of involuntary admission under the Mental Health Act 2001 in Ireland

There is international interest in, and continued concern about, the potential long-term impact of involuntary admission to psychiatric institutions, and the effect this coercive action has on a person's well-being and human rights. Involuntary detention in hospital remains a controversial process that involves stakeholders with competing concerns and who often describe negative experiences of the process, which can have long-lasting effects on the therapeutic relationship with service users. The aim of the present study was to explore the perspectives of key stakeholders involved in the involuntary admission and detention of people under the Mental Health Act 2001 in Ireland. Focus groups were used to collect data. Stakeholders interviewed were service users, relatives, general practitioners, psychiatrists, mental health nurses, solicitors, tribunal members, and police. Data were analysed using a general inductive approach. Three key categories emerged: (i) getting help; (ii) detention under the Act; and (iii) experiences of the tribunal process. This research highlights gaps in information and uncertainty about the involuntary admission process for stakeholders, but particularly for service users who are most affected by inadequate processes and supports. Mental health law has traditionally focussed on narrower areas of detention and treatment, but human rights law requires a greater refocussing on supporting service users to ensure a truly voluntary approach to care. The recent human rights treaty, the UN Convention on the Rights of Persons with Disabilities, is to guarantee a broad range of fundamental rights, such as liberty and integrity, which can be affected by coercive processes of involuntary admission and treatment.

The Business of Boycotting: Having Your Chicken and Eating It Too

We assume that there are certain causes that are morally wrong, worth speaking out against, and working to overcome, e.g., opposition to same sex marriage. This seems to suggest that we should also be boycotting certain businesses; particularly those whose owners advocate such views. Ideally, for the boycotter, this will end up silencing certain views (political or otherwise), but this seems to cause two basic problems. First, it appears initially to be coercive, because it threatens the existence of the business. Second, it runs counter to the intuition that we should not force unpopular opinions out of the marketplace of ideas. Boycotting is by its very nature a coercive act, and thus we have to carefully consider what types of actions may warrant this type of coercive action. In this paper, we will argue that an organized boycott is justified if and only if the actions taken by the company have negative consequences that outweigh the negative outcome of the boycott.

From Illiberal to Incorrigible: A New Strategy for Humanitarian Enforcement Action in Syria

The Syrian civil war has caused heartbreaking human suffering. Proponents of decisive action to end this suffering have tended to frame their case in terms of liberal values such as democracy, human rights and the rule of law. In framing the humanitarian issue in this way, advocates of UN Security Council involvement have emphasized the illiberality of the ‘Assad regime’ in order to promote the acceptability of coercive enforcement action under Chapter VII of the UN Charter. I argue that this rationale is counterproductive as it guarantees that the Russian Federation will veto any proposal for Chapter VII measures. Russia favours an inclusive Syrian-led political solution to the Syrian civil war and fears that any invocation of Chapter VII will provide Western powers with carte blanche for regime change, effectively repeating – in Russia’s eyes – NATO’s action in Libya in 2011. This article offers an alternative way of framing arguments for humanitarian enforcement action that is intended to side-step Russia’s objections. This strategic re-framing replaces the logic of illiberality with the logic of incorrigibility. This strategy takes its inspiration from Michel Foucault’s work on disciplinary power, making an admittedly unorthodox use of Foucauldian analytics to do so. The incorrigibility strategy seeks to bypass Russian fears about regime change by adopting a threshold for Chapter VII action based on a measured phenomenon – the repeated failure by the parties to correct their behaviour in line with UNSC prescriptions. Apart from providing a threshold for enforcement action, the logic of incorrigibility also shapes the eventual Chapter VII measures taken because it focuses on correcting the parties’ behaviour and because it yields highly specified and relatively controllable mandates for coercive action which limit states’ interpretation of what is required of them to carry out the UNSC’s decisions.

Hybridized Possibilities: China Miéville's The Scar and The Conjuring of Law

This essay presents a close reading of certain jurisgenerative threads within China Miéville's novel The Scar (2002). Miéville's work presents a host of dynamic characters who create and modify law by the force of their alternately compelling narratives and coercive actions. The Scar thus resonates on certain of the same frequencies as Robert Cover's and Stanley Fish's jurisprudential arguments concerning law as an amenable yet resistant medium whose fecund adaptability is checked by its inertial reluctance to change. It is this tension-filled dialectic between rhetoric and praxis that The Scar both celebrates and critiques. Furthermore, it is argued that this juxtaposition between legal theory and creative fiction enacts what Bruno Latour calls “matters of concern,” those material threads which connect abstract concepts such as law and creativity to the actual everyday practices which make up our lives.

Public support for economic and military coercion and audience costs

This article expands the concept of ‘audience costs’ from the military realm to the realm of economic coercion. ‘Audience costs’ occur when an executive publicly commits to a coercive foreign policy action and subsequently reneges as public approval will decline. An experiment specifies when the public will support economic or military coercion, and how this preference affects the evaluation of executives who renege on threats. The findings suggest that audience costs do occur when the executive threatens economic sanctions and subsequently reneges, similar to military coercion. However, I find that inconsistency is not punished when a leader reneges after threatening military intervention in a crisis that does not threaten national security. I specify the role public support for economic and military coercion and reactions to executive inconsistencies play in generating and/or weakening approval for executives. In times of international crises, these factors may compete against each other when it comes to determining public approval. To examine this claim, I conducted a survey experiment on a representative sample of adults to determine when audiences will support economic or military coercion, and how this willingness to support specific coercive action affects their evaluation of the executive’s handling of international crises. I find that public policy preferences can have a stronger effect than a preference for having a leader behave consistently. Specifically, I find that (1) executive inconsistency is not punished when a leader backs down from a military commitment in a non-threatening crisis, (2) executive inconsistencies are not only punished in military disputes but also in cases of economic coercion (punishment is in fact more prominent in sanctions cases), and (3) executive inconsistency can be punished both in major and lesser conflicts.

Managing the flows of gas and rules: Ukraine between the EU and Russia

The article explores the impact of the EU and Russia on domestic change in the gas sector in Ukraine. It seeks to identify the barriers to, and triggers for, Ukraine’s alignment with EU rules against the backdrop of Ukraine’s energy dependence on Russia by focusing on the institutionalization of energy relations. By studying the whole post-Soviet period, this article provides a comprehensive overview of the interplay of domestic and external factors shaping the energy sector in Ukraine and illuminates the often paradoxical effects of external influences on domestic actors’ preferences and strategies. We argue that EU influence was ineffective in overcoming domestic barriers to reforms and that it was Russia’s coercive actions that have led to the adoption of EU rules by Ukraine, despite powerful domestic vested interests and the weaknesses in EU’s policy.

Миротворчество ООН: обновление принципов, реформирование практики

The article describes and debates main points and recommendations of the Report-2015 of the Independent High Level Group on the UN Peace Operations. The author analyses doctrinal innovations and practical guidelines suggested by the Group and debates consequences of the recommended “politicizing” of the UN operations (assuring the leading role for the UN in any political peace process supported by UN peacekeepers, and avoiding operations where the UN role is limited to passive disengagement of conflict sides). Necessity for and limits of reconsidering traditional principles of peacekeeping, such as impartiality, consent of conflict parties, and use of force for self-defence are questioned. Trends in UN operations are compared with trends in operations related to conflicts in the Post-Soviet space (South Ossetia/Georgia, Abkhazia/Georgia, Tajikistan, Transnistria/Moldova, etc.). The author advocates timeliness for an extended interpretation of the “defence of the mandate” formula instead of the classical “self-defence of the contingent”. It is suggested to practically erase the dividing line between operations of the “peacekeeping” type under the UN DPKO, and “political missions” under the UN Political Department. The arsenal of the UN instruments for conflict resolution must be widened from non-intrusive observation missions, conflict prevention and mediation, through support of ceasefire agreements and implementation of peace accords, down to coercive peace enforcement, offensive elements, and UN Charter Chapter VII-based collective operations against aggressive regimes and states. Poorly defined functions and insufficiently clarified use of force limits for the SC-mandated “UN Intervention Brigade” in Democratic Republic of Congo lead to unnecessary involvement of the UN into coercive actions. The experience of the UN “infrastructural hubs” establishing, like the one in Entebbe (Uganda) used for supplying eight African UN operations, is described. New technology for peacekeeping, like the use of unpiloted flying drones, opens new opportunities, but creates legal and practical problems. A distinction of functions between “blue helmets” (specially trained multinational UN contingents) and “green helmets” (regular national armies used by states in foreign conflicts) is recommended, including avoidance of counter-terrorism tasks and strong coercive tasks for the UN peacekeepers. Parallel and interfaced “partnerships” between the limited UN operations and more forceful national/coalition operations in the same areas are suggested instead.

Direct and indirect impact of political activities on business performance - the case of the European Union and Swedish small firms

In this paper, the consequences of decisions by the EU on SMEs' business performance are analysed. The business network approach is employed to study how the coercive or supportive behaviour of political organisations directly and indirectly affect SMEs' business performance. The result highlights that the direct effect refers to the immediate interaction between the political and business units, whereas the indirect concerns the outcome of political units on other business firms that SMEs have relationships with. To test the assumed direct and indirect effect on business performance, four hypotheses are formulated and tested with PLS using data from a quantitative survey involving 134 SMEs in Sweden and the EU. The paper emphasises the importance of a firm's business relationships as being affected by coercive actions of political organisations, as well as receiving the full benefit from those actions of a supportive nature.

Capital Transfer Outside Albania and the Absent Capital Market

Capital outflows is beginning to attract the attention of policy makers, in the frame of stimulating investments within the country and furthermore, promoting lending to local business by commercial banks. The recent movement of the Albanian Parliament, by way of a special resolution of taking coercive actions by Bank of Albania, aiming at limiting capital outflows by commercial banks, is judged purely declarative and of good purpose only, without a real impact and value added, given the economic, political and strategic commitments, Albania has taken on international and European arena, the development of domestic economy and its model, and the stage of development and intermediation within the financial system and markets, as well as banking and non-banking sector. As per above, and in the context of an increasingly globalized world, and the Albanian’s integration aspirations in the EU, imposing constraints, either administrative or in the form of tariffs and taxes on the free movement of capital, will complicate foreign investment climate in the country, in a time when several segments of the financial market, such as: capital market and private securities, remain fairly underdeveloped, thus limiting the investing useful and profitable alternatives for banks and other entities, with temporary surplus capital and funds, within the Albanian domestic market. Therefore, it is deemed necessary that policy-makers and regulatory & oversight institutions for the Albanian financial system, must express and articulate a clear approach toward the TSE’ revitalization, along with further deepening of the financial system, as the only way these segments of the financial system could make a contribution to alleviate and mitigate such an issue for the national economy. DOI: 10.5901/ajis.2015.v4n3s1p605