De Jure Research Articles

Corrigendum to: Divine hiddenness or de jure objections to theism: you cannot have both

Corrigendum to: Divine hiddenness or de jure objections to theism: you cannot have both

The Case of Piruani: Contested Justice, Legal Pluralism, and Indigeneity in Highland Bolivia

AbstractThe 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community resulted in a disagreement between different local forms of political and judicial authority. This turned on the question of which authorities had the right to judge the case, the nature of justice and indigeneity, and the legal pluralism enshrined in the constitution. Analysis of this situation illustrates not only the internal tensions and paradoxical effects of this juridical project but also the potential limitations of any attempt to formally recognize legal plurality. [legal pluralism, Indigenous justice, usos y costumbres, plurinational state, Movimiento al Socialismo]

The Emergence and Restoration of the State: Latvia in 1918 and 1990

Abstract On 18 November 1918, the independent Republic of Latvia was declared in an extremely complicated international and domestic environment—the First World War was still going on, empires were collapsing, and ethnically and ideologically diverse military troops were fighting within the boundaries of Latvian territory. Despite the historical context of a previously tense relationship between Latvians and other ethnic groups, representatives of all minorities fought next to Latvians against the enemies of the Latvian state. Up until 11 August 1920, when the Peace Treaty with the Soviet Russia was signed, the prospects of de jure recognition of the newly established state were blurred; yet, the defeat of the White forces in the Russian Civil War opened the long awaited “window of opportunity”, as a result of which Latvia managed to achieve its international recognition on 26 January 1921. More than seventy years later, on 4 May 1990, when the Declaration of Independence was adopted by the Supreme Council of the Latvian Soviet Socialist Republic (SSR), the international and domestic situation was no less complicated. Latvia was forcefully incorporated into the Soviet Union in 1940 and became part of it, yet the economic and political deterioration of the Soviet Union, the national awakening in the Baltic States and other Soviet republics alongside the fall of the Berlin Wall gave momentum for the regime to change. On 21 August 1991, after the barricades and bloody clashes with the Soviet Special Purpose Police Units (OMON) in Riga on January and the failed coup d’état in Moscow in August, Latvia’s independence once again became a reality. In the events of the 1990s, the memories of 1918 and Latvia’s independence in the period between the two world wars were crucial. It is manifested by the fact that Latvian statehood in 1991 was not established anew but restored. Acknowledging the importance of history on contemporary identification and policy-making, this article aims to provide an insight into the history of 1917–1922 and its resonance in the contemporary situation. Using the methodology of literature analysis and historical process-tracing it will reveal the complicated process of the state’s formation and recognition in the period of 1917–1922, paying particular attention to the role of the minorities and diplomatic efforts. It will also uncover the resonance of the events of 1918–1922 in the 1990s, when Latvia’s independence from the Soviet Union was declared, focusing in particular on aspects defining the statehood of Latvia and its citizenship. In this part, it will be argued that the history of 1917–1922 was brought back when the statehood of Latvia was concerned, while overshadowed by fifty years of the Soviet occupation, when the citizenship issue was on the agenda. Indeed, not only ethnic Latvians but also minorities living in Latvia played a decisive role in the efforts of restoring Latvia’s independence. However, as a result of the Citizenship Law,1 adopted in 1994, more than one-fourth of the population—in most cases, representatives of the Russian-speaking community—were denied citizenship. This practice contrasts the Act that had been adopted in the interwar period, when Latvian citizenship was granted to all ethnic groups who were living within the borders of the then agreed Latvian territory, notwithstanding their diverse ideological background. Given this fact, the article provides future research opportunities related to perceptions of history in contemporary policy-making.

Forest ecosystem services in Romania: Orchestrating regulatory and voluntary planning documents

Romania has traditionally dealt with forest ecosystem services (FES) using a regulatory process of designing forest management plans (FMPs). We set an analytical framework to assess the integrated approach between FMPs, Natura 2000 biodiversity conservation network, and the forest certification system. The results show that, despite some relevant additional inputs, the delivery of FES remains strongly related to the normative FMP process. The specific presence of protected species and habitats of community interest has been identified on 18% of the Natura 2000 area included in the analysis. The Natura 2000 management plans are largely conveyed in elusive and precautionary terms of reference, so adding opportunity and administrative costs supported by forest owners. The participatory approach used in the forest certification process resulted in the identification of additional cultural, regulating and habitat ecosystem services on 1.6% of the analysed area. Considering the discrepancies between de jure normative planning and de facto implementation, we discuss the need for adapting the regulatory FES governance framework by making use of e.g. bottom-up participatory approaches, monitoring indicators for the effectiveness of management measures, and valuation techniques that would make beneficiaries and civil society to consider the opportunity costs for the delivery of FES.

The Impact of the COVID-19 Movement Restrictions on the Road Traffic in the Czech Republic during the State of Emergency

The COVID-19 pandemic crisis has impacted numerous areas of people’s work and free-time activities. This article aims to present the main impacts of the COVID-19 movement restrictions on the road traffic in the Czech Republic, measured during the first epidemic wave, i.e., from 12 March to 17 May 2020. The state of emergency was imposed by the Czech government as a de jure measure for coping with the perceived crisis, although the measure eventually resulted only in a quite liberal de facto form of stay-at-home instruction. Unique country-scale traffic data of the first six months of 2020 from 37,002 km of roads, constituting 66% of all roads in the Czech Republic, were collected and analyzed. For the prediction of the prepandemic traffic conditions and their comparison with the measured values in the period of the state of emergency, a long-term traffic speed prediction ensemble model consisting of case-based reasoning, linear regression, and fallback submodels was used. The authors found out that the COVID-19 movement restrictions had a significant impact on the country-wide traffic. Traffic density was reduced considerably in the first three weeks, and the weekly average traffic speed in all road types increased by up to 21%, expectedly due to less crowded roads. The exception was motorways, where a different trend in traffic was found. In sum, during the first three weeks of the state of emergency, people followed government regulations and restrictions and changed their travel behavior accordingly. However, following this period, the traffic gradually returned to the prepandemic state. This occurred three weeks before the state of emergency was terminated. From a behavioral perspective, this article briefly discusses the possible causes of such discrepancies between de jure and de facto pandemic measures, i.e., the governmental communication strategy related to loosening of movement restrictions, media reality, and certain culture-related traits.

Uncomfortable treatment without diagnosis

One explanation for breakdown of the traditional medical connection of diagnosis and treatment is presented. It is suggested that it was a natural process brought to life by the results of the development of genetics and the results of the application of clinical epidemiology (the theory of evidence-based medicine), which led to the beginning of the downfall of the nosological concept, so far de facto, and in the long term de jure. Medicine is painfully returning to a holistic view of a patient.

Broken Promises: Regime Announcements and Exchange Rates around Elections

We study exchange rate dynamics around government changes conditional on the exchange rate regime, which we identify by combining the IMF de jure and the Reinhart and Rogoff de facto exchange rate regime classifications. This allows distinguishing whether the official exchange rate regime announcements match actual policy or are inconsistent with it. Using monthly data from Latin American democracies, we do not find significant exchange rate depreciations before the change of government in any of the regimes we identify. However, we do detect a gradual real exchange rate overvaluation when the de jure regime is fixed but the de facto policy is flexible, which is abruptly corrected after the change of government; this pattern of real exchange rate misalignments when the announcement does not match actual behavior is linked to incumbents that postpone devaluations until the successor steps in. This pattern of broken promises is typical until 1999, but it becomes exceptional thereafter.

ВОДОЛАЗНОЕ ДЕЛО В РОССИИ: ИСТОКИ И ИСТОРИЯ

In 2021 scientific and naval public celebrates an important data – 100th anniversary of Special Diving Works Expedition’ formation in Russian Federation. Special Diving Works Expedition’ formation has been lasted during 1921–1923 when Soviet of People Commissars had declared the special decrees about diving works’ organization. In December, 1923 Special Diving Works Expedition’ foundation had been occurred de jure. Many works at ships’ lifting, most of which were outstanding in the sphere of shipbuilding as well as Russian science and technique, were associated with that organization. Some works belongs to heroic and extraordinary. However, the history of Diving Works had started long before Special Diving Works Expedition was foundation, and the main periods of Diving Works’ development in Russia from Peter the Great to Nicolas the First are being reviewed and analyzed in proposed article. Besides, on based the archival sources with first publication and special literature are setting out the events connecting with engineering structures, underwater medicine, different low acts and other documents. In the article are given the most resonant and significant events on ships’ lifting.

Indexes of migration policy restrictiveness: concept, methodology and application

Motivation: migration management has become important both in the political debate and academic research. In recent years the interest of researchers in migration policy has significantly increased. As a result, there have been many quantitative studies related to the migration policy.Aim: the aim of this paper is to conduct a comparative analysis of the migration policy indexes (including databases on migration policies), as well as to broaden the understanding of the scope and essence of migration policies.Results: The indexes of migration (including immigration) restrictiveness are based on various concept of this policy. However, all the indexes of migration (including immigration) restrictiveness are based on de jure migration laws and regulations measures adopted by states (on the national level). The most of indexes of migration (including immigration) policy restrictiveness are based on a set of coded questions relating to these policies. An important factor differencing the migration policy indexes is also the fact that in some analyses relative changes of migration policy were evaluated, but in other studies absolute changes were considered. Concerning to the indexes of immigration restrictiveness, most of them are based on entry and stay regulations. The possible application of indexes in other studies is especially related to the time and geographical scope of these indexes, as well as to their level of detail. Most of the data on migration policies is available mainly for the developed countries, the majority of which belongs to the OECD or the European Union. Some of them allow for the long-term analysis and other for short-term study. For most countries the data is available since the 1980s. Additionally, some of indexes on immigration policy restrictiveness are characterised by relative higher level of detail of the analysis and results are classified for various groups of migrants and type of migration.

Regulatory regimes for Sharīʿah governance: A framework of assessment and analysis

This paper develops a framework of assessing de jure adoption of Sharīʿah governance standards of international standards setting bodies and uses it to assess the legal and regulatory framework of Sharīʿah governance regimes (SGR). Using leximetrics and content analysis, the framework is used to assess SGR in four countries (Kuwait, Malaysia, Pakistan and UAE) in an objective manner. The results show that Malaysia has the most robust SGR and UAE has the weakest legal and regulatory environment of Sharīʿah governance. The results also identify the weaknesses in the SGR and areas that can be improved further. Furthermore, the paper reveals the diversity in the qualitative nature of SGR in terms of the extent to which the laws and regulations are used to develop the SGR in different countries. As the Islamic financial industry continues to grow globally, regulators would need to mitigate the Sharīʿah non-compliant risk by introducing the international Sharīʿah governance standards to promote growth and ensure stability of the sector. The framework to assess the SGR can be a used as a first step to assess the SGR in different jurisdictions to identify the weaknesses and come up with relevant laws and regulations to strengthen the SGR for the development of a robust Islamic financial sector.

Nominally protected buffer zones around tropical protected areas are as highly degraded as the wider unprotected countryside

Protected areas (PA) are central to safeguarding biodiversity and ensuring the long-term provision of ecosystem services. Multiple factors influence PA performance, including the level of degradation in the surrounding areas (SA). Buffer zones (BZ) comprise a key strategy to increase PA performance as they are subject to land-use restrictions to inhibit the spatial contagion of detrimental effects of SAs onto PAs. However, BZ conservation performance also depends on multiple factors. Here, we seek to understand the degradation status of ~29 million hectares of nominally protected terrestrial BZs, and how this relates to PA characteristics and their environmental and socioeconomic contexts. We applied land-use mapping to the largest national network of tropical PAs on Earth (the Brazilian PA network) and estimated BZ degradation status using the cumulative natural area converted into anthropogenic land-uses. By 2017, individual BZs were significantly more degraded (40% ± 32% SD) than areas inside PAs (16% ± 23% SD), but almost equally degraded as the unprotected countryside surrounding BZs (41% ± 31% SD). Degradation status increased around small PAs sited in economically prosperous regions, especially those dominated by private lands (particularly smallholdings) but decreased where connectivity with neighbouring PAs was most prevalent. Our results indicate that de jure land-use restrictions within BZs have not been effectively enforced, since their overall status is no better than that in surrounding landscapes under unrestricted land-use. It is imperative to integrate the management of BZs and PAs, as well as to promote higher overall PA connectivity, to ensure their value-added efficiency.

Pufendorf and Leibniz on duties of esteem in diplomatic relations

The striving for self-worth is recognized as a driving force in international relations; but if self-worth is understood as a function of status in a power hierarchy, this striving often is a source of anxiety and conflict over status. The quasi-international relations within the early modern German Empire have prompted seventeenth-century natural law theorists such as Samuel Pufendorf and Gottfried Wilhelm Leibniz to reflect about this problem. In his De statu imperii Germanici (1667), Pufendorf regards the power differences and dependencies between the Reichsstände to be an expression of the deficits of constitutional structure of the Empire—a structure that, in his view, causes internal division because it leads to distorted practices of esteem between the estates. Against Pufendorf, Leibniz argues De jure suprematus ac legationis (1671) that political actors such as the German princes who are not Electors could fulfill functions under the law of nations such as forming confederations and peace keeping. Incoherently, however, Leibniz excludes less powerful estates such as the Imperial cities and the Hanseatic cities from the ensuing duties of esteem. This shortcoming, in turn, is arguably remedied in Pufendorf’s later considerations concerning duties of esteem in diplomatic relations.

ОРГАНИЗАЦИЯ И ДЕЯТЕЛЬНОСТЬ УРАЛЬСКОГО СТАТИСТИЧЕСКОГО КОМИТЕТА В КОНЦЕ XIX - НАЧАЛЕ XX ВВ

The post-reform period in the Russian Empire laid down new principles for the organization and functioning of regional statistical services. Since the second half of the 19th century, the demand for statistical data had increased significantly. De jure and de facto, the Ural Statistical Committee dates back to 1896. Beginning in 1900, all military statistics were transferred to the committee. In connection with the increased load on the committee from the military capital, the regional statistical center was allocated an allowance of 1,500 rubles, and the total budget was 4,000 rubles. All the activities of the committee are represented by the implementation of mandatory statistical work and the socio-cultural study of the region. In 1901, the Ural Committee developed and introduced agricultural cards for collecting information about the industry under study and the systematic formation of data. In 1910, the committee conducted a survey of the property and occupations of the population. The Ural Statistical Committee paid special attention to “optional” works, most of which were devoted to the life and occupations of the population.

Between elites and opposition: legislatures’ strength in authoritarian regimes

ABSTRACT Virtually all authoritarian regimes have legislatures, and their role in bolstering regimes has been highlighted in recent research. Yet, the strength of authoritarian legislatures has received relatively little attention, although it can differ remarkably across regimes. This study utilizes an index of legislative strength to analyse parliaments in authoritarian regimes from 1946 to 2010. The empirical findings highlight that three factors are particularly important in predicting legislative strength, namely the level of personalism and the existence of an opposition and elections. However, beyond these factors, it appears that stronger legislatures are not generally associated with less authoritarian control over legislative and electoral processes. Yet, the findings also illustrate significant differences between de facto and de jure powers and across time periods. More competitive electoral and legislative procedures are linked to more de facto powers and stronger legislatures particularly after 1990. The findings contribute to our understanding of the institutional landscape in authoritarian regimes and provide a basis for future research on the effects of legislative strength.

We Been Relevant: Culturally Relevant Pedagogy and Black Women Teachers in Segregated Schools

This paper considers how the practice of culturally relevant pedagogy may have predated the theory’s coinage. Using scholarly accounts of Black women teachers in de jure segregated Black schools in the Jim Crow South, the authors suggest that these educators engaged a critical, politically and culturally informed pedagogy; their praxis built on and affirmed their students’ cultural, racial, and political knowledge, worldviews, and assets. Despite the white supremacist regime of antiBlack terrorism that hampered many material aspects of Black segregated schools, this paper documents intangible dimensions that partly defined during the Jim Crow era the tradition of African American pedagogical excellence. Demonstrating pedagogical alignment across each of the theory’s three propositions, we use scholarly examples to indicate how in de jure segregated Black schools, Black women teachers’ praxis reflected culturally relevant pedagogy before the label was introduced to the education research community. Highlighting what Black women teachers’ historic labor offers the current educational landscape, this paper’s implications call for education researchers to excavate this rich site of knowledge to inform and enhance the current education of students of Color broadly and Black students specifically.

Defining persistent xenophobic behaviour in South Africa as a case of internalised colonialism

South Africa has a history of systemic racial segregation. The ramifications of this history within contemporary South Africa, that extend beyond the Black South African demographic, are yet to be fully discussed. The idea emerging is that the xenophobic culture prevalent in South Africa is a result of internalised colonialism. In discussing internalised colonialism, the notion of citizenship needs to be analysed in order to legitimise who belongs to a state and who has access to a state? The de jure factors that fortified South Africa’s apartheid regime indicate that dismantling internalised colonialism and its projection unto other Black demographics in South Africa requires legal fortification. The idea is that de facto and de jure factors can exist within a cycle that enables the deconstruction of xenophobic behaviour in South Africa. In discussing this behaviour, the larger global landscape must be considered as being part of a web that perpetuates new forms of exclusion. Emerging is an exposure of the vicious cycle that exists between previously subjugated groupings extending maltreatment towards other groupings within their spheres of influence. The idea is that a socio-totem pole exists in which there will always be an ‘other’ for the historically ‘othered’.

Delegation and stewardship in international organizations

ABSTRACT International organizations (IOs) are driven by political-administrative interactions between member states and IO administrations. To model these interactions and understand their outcomes, scholars have predominantly, and almost exclusively, relied on agency theory. Yet, as this paper argues, delegation can also take a form of stewardship, where goal conflict and information asymmetries are low. In stewardship relationships, member states trust the IO administration, which enables softer, more informal exercise of control. Both agency and stewardship relationships are illustrated in a comparative case study of FAO and WFP. As interview data and document analysis show, while FAO exhibits agency, WFP provides an example for stewardship. The findings imply that conventional Principal-Agent assumptions should not be taken as given. Not all IO administrations are self-serving agents. The findings also provide implications on IO control and performance and call for scholarship to redirect its focus on de facto rather than de jure IO characteristics.

Economic globalization and public debt in Sub‐Saharan Africa

AbstractUsing data on Sub‐Saharan African countries and over the period from 1980 to 2017, this study empirically investigates the effects of economic globalization on public debt. By disentangling between the de jure and de facto aspects, the study uses second‐generation panel data tests to diagnose the cross‐sectional dependence, unit root and cointegration. The cross‐sectional error correction model with the estimation by dynamic common correlated effect technique, is used. We find that economic globalization as a whole increases the public debt in the short run while decreases it in the long run. For its dimensions, we show that financial globalization increases the public debt in the short and long run, while trade globalization increases the public debt in the short run but decreases it in the long run. Consideration of the de jure and de facto aspects of economic globalization shows that the de jure economic globalization does not influence government debt while its trade dimension reduces the short‐run public debt and its financial dimension increases the long‐run public debt. The de facto economic globalization and its dimensions increase public debt in the short run, while in the long run only the de facto trade globalization belittles the public debt.

Vague property status and future risk of mangroves: lesson learned from South Sulawesi, Indonesia

Mangrove forest management in South Sulawesi is challenging due to jurisdictional boundaries to biophysical processes, resource characteristics, and community development dynamics. The research aims to study the future risk of mangrove forest management growing on accretion land due to its vague status. Data and information were collected through in-depth interviews involving 17 key-informants selected by using the snowball method. Mangrove forest in the research site grows on accretion land, and it was classified as state property with Common Pool Resources (CPR) characteristics. Late attendance of the Indonesian government has instigated the “de jure” status of accretion land becomes illegitimate as the local community does not recognize it as state property. The situation leads to the ambiguity of mangrove forest property status, resulting in multilayer property formulation for several products/services/benefits generated. Several strategies to prevent its transformation into other usages are proposed, i.e., (a) improve the community understanding of the economic value of mangrove resource and risk if vanished; (b) strengthening and intensive socialization of regulations both at the local and higher-level; and (c) providing legal access for the community to manage mangrove forest through the development of Social Forestry Program in the area.

Taking Venezuela back to the sustainability path: The role of financial development and economic integration in low‐carbon transition

AbstractEnvironmental protection and sustainable development are connected. Such connection is considered highly important for Venezuela, where fossil fuel abundance has created economic and environmental challenges. Surprisingly, only limited attention has been directed to identifying policy options for charting the path to sustainable development in the economy. Contributing to filling this gap in the literature, this study examines whether financial development, de facto and de jure conditions in trade and financial integration can trigger long‐term economic shifts that will change the trajectory of carbon dioxide (CO2) emissions in the economy using a novel estimation approach—dynamic simulations of autoregressive distributed lag (ARDL) models. The empirical modelling framework incorporates the impact of population, economic growth, energy intensity and government consumption expenditure. ARDL‐bounds test provides evidence that the variables are cointegrated. Long‐run estimates from the dynamic ARDL analysis show that de facto and de jure conditions in trade and financial components of economic integration offer varied policy options for carbon mitigation in Venezuela. Population size, energy intensity, government consumption expenditure and de facto condition in financial integration have increasing impact on CO2 emissions, exacerbating suitability challenges in the economy. On the other hand, positive shocks in financial development, de facto condition in trade integration and de jure condition in financial integration have a mitigation effect on CO2 emissions. Overall, financial development, trade integration and the control of cross‐border financial flows are needed economic conditions that can accelerate a quick transition to a low‐carbon develpoment in Venezuela.