Commission States Research Articles

THE APPLICABLE LAW REGARDING MATERNAL CUSTODY

The phenomenon of child abduction after divorce due to mixed marriages has spread widely, as the legal texts governing the issue of custody through mixed marriages differ between countries, so the issue of conflict of laws in custody has been strongly raised. In many countries, the legislator did not set unified objective rules governing custody, which gives the legal and practical justification for opening the door to jurisprudential differences and differing judicial rulings because the child is the basis for the relationship between the father and mother after divorce. This prompted a study of the legal nature of custody, to determine the legal adaptation of custody, to set rules of attribution for custody, and to determine the eligibility of the custodian for the child., to determine the applicable law, the statement of its objective rules, the position of international agreements on custody and the extent of the commitment of states to implement them. The same applies in the case of the application of public order and morals, the domicile or place of residence of the child in custody and the criteria for the interests of the child, and other issues.

Exploitation of Indonesian Migrant Workers on Foreign Ship

This paper will explain the strategies that must be carried out by the Indonesian government to minimize transnational crime. Transnational crimes against Indonesian migrant workers working on foreign ships have so far not received special attention. The increase in cases every year, especially 2019-2020 shows that this transnational crime must be a priority for the Indonesian government. Why is this important, it is part of Indonesia's foreign policy and diplomacy to protect the human rights of its citizens. This protection is a form of state commitment to provide a sense of security to humans, especially Indonesian citizens. This paper uses a qualitative method in the form of a case study with secondary data analysis techniques and a thorough literature review. The results obtained are that the strategies that must be carried out by the government are 1) tightening the recruitment channels for migrant workers 2) national and international law enforcement, 3) bilateral and multilateral diplomacy 4) the use of digital applications, and 5) collaboration with NGOs such as the ILO. This paper can become a reference for the government's strategy to formulate a pentahelic policy in solving crimes against Indonesian migrant workers abroad.

Five Pillars: A Framework for Transforming the Police Response to Rape and Sexual Assault

The ‘justice gap’ for cases of rape and sexual assault is well-documented. Despite our rich understanding of the problem, its visibility in the public sphere, and state commitments to increasing charge and conviction rates, the justice gap is getting larger in the Western World. On a practical level, police are gatekeepers of outcome justice—arrests, charges, and convictions. As representatives of the state and society, police also wield significant symbolic power in defining the faultline between behaviour that is deemed ‘right’ or ‘wrong’. In this article we propose a theory-based and practice-oriented framework for transforming the police response to rape and sexual assault that draws on the large body of feminist literature on sexual violence and criminal justice responses, in combination with policing literature. This framework comprises five pillars: (1) suspect-focused investigations; (2) disrupting repeat offenders; (3) a procedural justice approach to victim-survivor engagement; (4) officer learning, wellbeing, and organisational change; and (5) the use of data. We conclude with a discussion of its practical implementation and empirical validation.

Facilitating deployment of transportable nuclear power plants through a new regime of mutual recognition

Abstract Further developments towards future deployment of transportable nuclear power plants (TNPPs) are recently under way in several States. Major advantages have been identified with respect to potential deployment of TNPPs in the future. The availability of a TNPP may provide benefits of both secure and economical energy. Also, opting for a TNPP may eliminate the long-term commitment of the host State to the management of radioactive waste. Lastly, choosing the export scenario may reduce the potential national investment required to benefit from nuclear power. At the same time, a high level of nuclear safety must be guaranteed with respect to the prospective deployment of TNPPs. Thus, each TNPP must be duly licenced by the competent regulatory authority. The future legal framework must balance both interest for speedy deployment of this new technology and the need to maintain a high level of nuclear safety. This article argues that new licensing regimes, as established by bilateral agreements between the supplier States and the host States, may represent a legal tool for facilitating deployment of these promising technologies. This article also argues that concluding such bilateral agreements on mutual recognition would be in line with the incentive character of the Convention on Nuclear Safety.

Pemberdayaan Masyarakat Melalui Implementasi Dana Desa Di Desa Jogjogan Kecamatan Cisarua Kabupaten Bogor

Empowerment is essentially a process that can make people more empowered and independent. In mobilizing this independence, of course, support and encouragement are needed to re-awaken their role and position, therefore through Village Law no. 6 of 2014 the government initiated the provision of village fund assistance, which aims as a form of state commitment to protect and empower villages to become strong, advanced, independent and democratic. The Village Fund is prioritized for the development of local economic potential in order to increase the capacity of rural communities in entrepreneurial development, increase income, and expand the economic scale of rural communities. This research was conducted using qualitative methods with descriptive data with the research location in Jogjogan Village, Cisarua District, Bogor Regency. The data collection techniques in this study were through observation, interviews, and documentation studies with the research informants being the village head and other village officials, as well as UMKM actors such as business groups, head of tourism managers, homestay or villa owners. In this study, the analysis technique used an interactive analysis model, namely through data reduction, data presentation, and finally drawing conclusions.

Opportunities for Protecting Biological Diversity in the Arctic Ocean

Abstract The paper analyses the opportunities to establish marine protected areas (MPAs) beyond national jurisdiction in the Arctic Ocean. For this, the author scrutinises the legal processes allowing UNCLOS to adapt to current and future ocean governance challenges concerning biological diversity and the limits of such adaptability. Some significant limitations are found in areas beyond national jurisdiction (ABNJ) in the Arctic Ocean. The low political commitment of Arctic States to cooperate in fora such the Arctic Council leaves the ABNJ of the Arctic Ocean in a very precarious situation. With extensive areas of the seabed potentially falling under national jurisdiction and the water column remaining as ‘high seas,’ there is a possibility that Arctic cooperation will be eroded.

(Re)thinking the International Labour Law: International Labour Standards, Regulatory Strategy and Universality

In 2020, for the first time in the history of the International Labour Organization (ILO), we sighted the universal ratification of a Convention, that is, the ratification by all 187 Member States of the Organization. The C182—Convention of Worst Forms of Child Labour (1999) is identified as a fundamental Convention because it refers to one of the fundamental labour rights identified at ILO Declaration on Fundamental Principles and Rights at Work (1998). This Declaration, despite having been immersed in intense debates on the regulatory option adopted by the ILO (soft law), spelled out a list of fundamental rights and principles at work, approaching to the grammar of human rights. In this sense, it is possible to understand that Convention No. 182, since it is fundamental, already had a prominent role. However, universal ratification presents itself as opportune and strategic, especially when it formalizes the commitment of States to the observance of the parameters presented in the respective international labour standard. Thus, using the deductive method (Lakatos, Marconi 2003) and the bibliographic and the documentary research techniques, the study is going to analyse the importance of universalizing international labour standards for International Labour Law.

Marshaling ports required to meet US policy targets for offshore wind power

We analyze infrastructure needed for offshore wind power targets set by U.S. state and federal policies—specifically, manufacturing, vessels, and offshore wind ports. By examining cost-competitive turbine and project sizes and infrastructure challenges, we identify marshaling ports as a key bottleneck. Through elicitation of requirements from supply chain, port, and vessel experts, we identify the necessary attributes for marshaling ports and calculate the area needed to meet policy targets. US marshaling ports are currently insufficient to meet either state or federal power targets. We calculate state commitments from state contracts and policies: in sum, 40 GW by 2040. Federal targets from the Biden Administration are 30 GW by 2030 and 110 GW by 2050. Either target yields more demand for marshaling area than is currently available or planned. The shortage of marshaling area supply has incorrectly been attributed to lack of suitable U.S. locations. Instead, we attribute it to developers having built ports to support early, smaller projects, and having located them to incentivize state power contracts rather than developing ports for long-term, large-scale, and economically-efficient use. Additional land suitable for marshaling ports exists, but it requires commitment from port authorities and port investors to develop it for this purpose.

Leaders' attitudes towards, and commitment to quality management of training within the military

PurposeThe successful implementation of quality management in organizations is dependent on people, particularly leaders. It seems as if leaders' affective states (attitudes and commitment) in the military were connected to their capability to inspire people and a group (corps training unit) to achieve a common goal. The research reported in this article was aimed at examining officers in corps training units' attitudes towards, and commitment to quality management in training in the South African Army.Design/methodology/approachFocus group interviews were conducted with a sample of 49 officers on various levels (senior, junior and warrant officers) at six South African Army corps training units.FindingsThe findings indicate that the attitudes of leaders played a significant role to ensure that quality management of training is conducted effectively. Participants experienced that leaders in the South African Army were mostly responsible for the negative attitudes of officers in corps training units. Inadequate leadership support and lack of trust contributed to a lack of transparency and poor communication that resulted in poor commitment among officers at corps training units. The investigation further revealed that a positive affective state (attitudes and commitment) of leaders is essential in ensuring effective quality management of training.Originality/valueThe potential usefulness of this research may provide insight into how leaders' affective state could be improved to ensure effective quality management. This research may also be of interest to other organizations that conduct in-house training.

The High-level ICAO COVID-19 Conference: A Critical Commentary

The International Civil Aviation Organization (ICAO) held its High-level Conference on COVID-19 (HLCC 2021) from 12 to 22 October 2021. The somewhat wordy theme of the conference was ‘One Vision for Aviation Recovery, Resilience and Sustainability beyond the Global Pandemic’. Even more ambitious, albeit laudable in motive was its objective of seeking to reach a global consensus on a multilateral approach, supported by political will and commitments of States, to enable the safe and efficient recovery of air transport. In ICAO language the words ‘global consensus’, ‘political will’ and ‘commitment of States’ have not always produced desired results. Added to this conundrum The High-level, Ministerial Declaration that emerged at the end of the Conference recognized in ICAO an already existing ‘global leadership role’ and ascribed to it the task of facilitating aviation’s recovery from the Coronavirus disease 2019 (COVID-19) pandemic and ensuring its future resilience – a task which has to be accommodated within the parameters assigned to ICAO in the Chicago Convention of ‘fostering the planning and development of air transport’ – which is a far cry from leadership of any kind. However, the Declaration sparks a note of sanguine optimism if only for the reason that the global pandemic has presented to the world of aviation a message of catastrophic gloom that could well surpass previous issues and problems that have besieged aviation which, on a comparative basis, have proved transitory. This article comments on the outcome of the ICAO Conference and offers some points to consider. ICAO Covid Conference, Declaration, risk assessment, risk management, crisis management, connectivity

Building social accountability to improve reproductive, maternal, newborn and child health in Nigeria

BackgroundLike many places in Nigeria, Niger, a predominantly rural and poor state in the north of the country, has high fertility, low contraceptive prevalence, and high maternal mortality. This paper presents a descriptive, contextualized case study of a social accountability campaign run by the nongovernmental organization White Ribbon Alliance Nigeria to strategically mobilize collective action to demand quality maternal health care and improve government responsiveness to those demands. We treat maternal health as a component of reproductive health, while recognizing it as a less contested area.MethodsData come from more than 40 interviews with relevant actors in Niger State in 2017 and 2018 during the initial phase of the campaign, and follow-up interviews with White Ribbon Alliance Nigeria staff in 2019 and 2021. Other data include White Ribbon Alliance Nigeria’s monthly reports. We analyzed these data both deductively and inductively using qualitative techniques.ResultsDuring its first phase, the campaign used advocacy techniques to convince the previously reticent state government to engage with citizens, and worked to amplify citizen voice by hosting community dialogues and town halls, training a cadre of citizen journalists, and shoring up ward health development committees. Many of these efforts were unsustainable, however, so during the campaign’s second phase, White Ribbon Alliance Nigeria worked to solidify state commitment to durable accountability structures intended to survive beyond the campaign’s involvement. Key challenges have included a nontransparent state budget release process and the continued need for significant support from White Ribbon Alliance Nigeria.ConclusionThese findings reveal the significant time and resource inputs associated with implementing a strategic social accountability campaign, important compromises around the terminology used to describe “accountability,” and the constraints on government responsiveness posed by unrealistic budgeting procedures. The campaign’s contributions towards increased social accountability for maternal health should, however, also benefit accountability for reproductive health, as informed and empowered woman are better prepared to demand health services in any sector.

МАЙНОВІ ПРАВА ЯК ОБ'ЄКТ ЗАХИСТУ В УМОВАХ ЗБРОЙНОГО КОНФЛІКТУ

The article examines the relationship on the protection of property rights in armed conflict as a kind of legal relationship on protection, focuses on property rights as the object of such relations and the existence of armed conflict, which directly affects the existence of property rights violations and understanding the possibility of redress only after the end of the conflict. It has been proven that human rights are the highest social value, and their protection and protection is a direct duty of the state. The state's commitment to respect and protect human rights does not disappear in armed conflict. Property rights are always related to property, but not identical to property rights, although components of property rights are considered property, moreover, the legislator gives examples of specific rights that are inherently property. It is determined that it is necessary to distinguish between violations, non-recognition and challenge in their legal content, and clarifies the importance of the criterion of illegality of active actions and / or inaction that led to violation, non-recognition and challenge of property rights in armed conflict. It has been proven that conduct that violates the rule of law and does not comply with the requirements of the law is illegal if it does not have any signs of lawful conduct, which in turn may affect liability for damage. It is emphasized that such a characteristic of property law as "domination of property values" is subject to significant violations and even the complete impossibility of such domination in the face of hostilities, terrorist acts, sabotage caused by military aggression of the Russian Federation. The loss of the subjects of property rights of such powers in relation to them as possession, use and disposal, as well as the violation of legitimate expectations regarding the implementation of property rights in the future. It is proposed that the mechanism for the protection of property rights include the filing of an application for compensation, its consideration by the competent authorities and the provision of compensation.

Anti-Japanese Sentiment and Action in Texas during World War II

Abstract: Relations between Texas's citizens of Japanese and European descent were largely peaceable before World War II (WWII), but the state's historical commitment to segregation and the racial ideology supporting it created a fertile ground for racialized propaganda appeals following Pearl Harbor. In the wake of the attack, the US federal government and the Texas state government cooperated in detaining Texas's Japanese-descended population and in destroying sites of cultural exchange between Japan and the United States. This study broadens the historical understanding of the WWII home front by examining the cultivation, function, and aftermath of the wartime anti-Japanese sentiment in Texas.

Sustainable development and new forms of work. A scenario of common, basic challenges for public and private players (International Labour Forum – Academic Discussion «Employment and the Labour Market: Contours of De-Standardisation» St.Petersburg, 23 Apr

The article illustrates the implications for the world of work of two decisive factors of change in the global situation: the joint commitment of states to promote sustainable development according to the normative guidelines of the United Nations and the effects of the pandemic crisis. It proposes the reference to the institutionalist theoretical approach as the most appropriate to provide a valid interpretation of the diversity of orientations in economic and social development policies, including labour policies, which occur on the global scene. The article presents the analyzes on the professions of the future and the relative employment prospects for 2030 contained in two studies developed in Italy on the basis of predictive models that applied specific Artificial Intelligence (AI) techniques, officially presented in the first half of 2021. Presented research recalls the ultimate meaning of the phenomenon of structural crisis, the value of institutionalist theory in understanding the complexity of the processes of development, and progress of communities and, in the context of the choice for sustainability, the importance of the changes that lie ahead in the world of work in relation to the specific green and digital transition processes currently promoted by the states. Article’s findings may stimulate research on predictive models in the field of employment and new professions projected beyond short-term trends, in the broader dimensions of perspectives and scenarios

Balances of Power, Threat, and Interests: The Logic behind China-Russia Strategic Alignment in the Post-Cold War Period

Since the collapse of the Soviet Union, China-Russia relations have demonstrated a significant and consistent progress on a number of issues advancing to the strategic alliance. However, the existing explanations of such progress have rarely gone beyond simple recognition of the continuous deterioration of relations between these countries and the West, particularly the United States. However, such explanations seem insufficient since they do not reveal the key determinants of the Russian-Chinese alignment and cannot help assess the sustainability of this trend. In order to provide a comprehensive and methodologically consistent assessment of the main drivers of the China-Russia relations within the framework of the post-Cold War international system evolution, this paper draws on the latest findings in the theory of international alliances. To this end, the author harnesses the epistemological potential of the three main approaches to the root causes of interstate strategic alliances, namely the ‘balance of power’, the ‘balance of threat’ and the ‘balance of interests’. The paper examines the Russian-Chinese cooperation both within the framework of each of these three balances separately and in their interrelatedness and interdependence. The author shows that trend towards a closer strategic cooperation between China and Russia in the post-Cold War period stemmed from the inner dynamics of all of these balances. This strategic alignment is based on a complex of shared views on the United States as the main source of threats for national security and the commitment of both states to the idea of a multipolar world. The author concludes that not only will the trend towards strengthening Russian-Chinese cooperation continue, at least in the medium term, but it can receive a new impetus to evolve into a full-fledged alliance.

The Political Economy of China's Dramatically Improved Coal Safety Record

AbstractChina's coal safety has improved dramatically since 2003. This article will present the official data and conclude that it is almost impossible that the figures conceal a situation where there has not been remarkable improvement. Structural factors including China's level of economic development, changes in the labour market and the economic health of the industry have played an important role, but state commitment and policies have been central at least to the speed and magnitude of the improvement.

Antecedents Developing Collaborative Sustainability Performance

The Universal Health Coverage (UHC) managed by Indonesia' Health Social Security Agency (henceforth BPJS Kesehatan) is a state commitment to guaranteeing health care access and providing financial protection due to illness. The impact of the program is not limited to the health sector but also the non-health sector such as in the economic aspects through a growing workforce in the health sector (Dartanto et al., 2017). However, each region have different external environment and challenge which affect their end results. The involvement of stakeholders along with their diverse motives, needs, and expectations influences the collaboration sustainability between the government and private sectors. The differences in stakeholders' motives create problems in building success collaboration (Hidayat, 2019). This becomes challenges for the parties involved, given that there are differences in power, resources, and mastery of information. In the perspective of the theory of collaboration (Wood & Gray, 1991). Collaborative governance is needed to get support from stakeholders, this support is the key to creating a successful collaboration. Getting stakeholder support is not something that is easy to achieve, and even when achieved, there is no guarantee that the collaboration will be successful. (Bjärstig, 2017; Butcher et al., 2019; Tomo et al., 2020). Numerous studies illustrate that merely a commitment to goals is insufficient to guarantee the success of a collaboration (Scott & Boyd, 2020). This paper intends to fill the gap in the role of stakeholder management in achieving sustainable collaboration. Keywords: Stakeholder; collaboration; governance; regulation; interests.

Application and Research Progress of Lineage Tracing in Differentiation Mechanism of Hematopoietic Stem Cells--Review

Hematopoietic stem cells (HSCs) reside at the top of the hierarchy and have the ability to differentiate to variety of hematopoietic progenitor cells (HPCs) or mature hematopoietic cells in each system. At present, the procress of HSC and HPC differentiating to the complete hematopoietic system under physiological and stressed conditions is poorly understood. In vivo lineage tracing is a powerful technique that can mark the individual cells and identify the differentiation pathways of their daughter cells, it takes as a strong technical system to research HSC. Traditional lineage tracing studies mainly rely on imaging techniques with fluorescent dyes and nucleic acid analogs. Recently, newly cell tracing technologies have been invented, and the combination of clonal tracing and DNAsequencing technologies have provided a new perspective on cell state, cell fate, and lineage commitment at the single cell level. In this review, these new tracing methods were introduce and discuss, and their advantages over traditional methods in the study of hematopoiesis were summarized briefly.

Do indicators influence treaty ratification? The relationship between mid‐range performance and policy change

AbstractTreaties are a valuable tool for policymakers because they are both legally binding on, and symbolically powerful signals of, commitments of states that ratify. Why states choose to ratify treaties is unclear, although social pressures appear to play some role. This article argues that global performance indicators can influence the ratification process, but that the effect varies depending on where states fall on these measures. In the mid‐range of a scale, fast ratification has significant benefits and relatively few costs. However, indicators have less of a catalysing effect at the extreme ends of the scale, where the costs are higher and the benefits are lower. This article uses policy performance indicators as independent variables in duration analyses of the ratification of the United Nations Convention against Corruption (2003) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (2000). It finds states in the mid‐range of the indicator are faster to ratify than states that are not ranked, whereas the other categories are statistically insignificant. These findings imply that indicators matter for those in the middle, but not as much for those at the extremes. This finding enriches our understanding of treaty ratification and has potential implications for performance metrics as a tool to promote policy change for those states in the middle, highlighting the strengths and limitations of indicators as a force for change.

The Colorado National Collaborative: A public health approach to suicide prevention

ObjectiveSuicide rates in the United States have risen dramatically during the 21st century despite national, state and local level commitments to prevention, improvements in the development and delivery of evidence-informed prevention approaches, and advances in epidemiological capacity to identify areas for targeted intervention. Complex problems require comprehensive solutions. In Colorado, that solution is a comprehensive, integrated public health collaboration that aligns diverse community and programmatic efforts across the prevention continuum. The Colorado National Collaborative (CNC) is pursuing a real-world test of the public health approach to suicide prevention by helping community coalitions deliver a package of evidence-informed activities in geographically defined community systems. MethodsThe CNC began by identifying six diverse Colorado counties with high suicide rates or number of deaths. Working closely with community, state, and national partners, CNC identified existing community-level risk and protective factors, programs, and policies. This process provided insight on the overlay between existing efforts and identified burden centers and drivers. ResultsThe CNC team identified six components for strategic implementation: (1) connectedness, (2) economic stability and supports, (3) education and awareness, (4) access to suicide safer care, (5) lethal means safety, and (6) postvention. Evaluation is being conducted through a collaborative, participatory, and empowerment approach that incorporates stakeholders as leaders in all aspects of the process. ConclusionThe CNC includes data-driven identification of populations at risk of suicide, community identification of protective factors, and true collaboration between prevention experts at the national, state, and local level in implementing a comprehensive approach to prevention. Lessons learned are discussed.