Domestic Phenomenon Research Articles

Fragmentation as an agent of integration: Subnational authorities in EU law

This article draws on the theory of “federalism as the new nationalism” to illustrate that regulatory fragmentation is not necessarily synonymous with disintegration. Regulatory fragmentation can rather be conceptualized as a tool assisting European integration. Looking at the status of subnational authorities (SNAs) in EU law, the article identifies decisions of the Court of Justice of the European Union (CJEU) in free movement law that illustrate that SNAs can be conceived as valuable insiders, rather than threatening outsiders, of European law. This account, which indicates that SNAs’ contribution to European legal integration is in many ways analogous to that of the Member States, stands in contrast with the European Treaties that recognize only two levels of public authority as SNAs are seen as a predominantly domestic phenomenon of little relevance for the supranational project. My analysis underscores that SNAs and their norms do not exist in a sphere separate from that of EU law. It highlights diverse interactions between the subnational and the supranational and suggests that the influence of levels of public authority can best be captured by a paradigm of interconnection rather than separation. Indeed, contrary to commonplace assumptions, it is not actors’ formal status, anchored in notions such as independence, sovereignty, and autonomous competences but the manifold functional interactions between them that shape the polycentric Union. Through this functional lens we confirm what federalism scholars have observed in the USA, namely, that “decentralization can serve rather than undermine the project of integration.”

Lost in travel or a different conception? (Mis-)appropriation of transformative learning theory in the Republic of Korea

Theoretical thought on adult and/or lifelong learning in the Republic of Korea has been largely indebted to Western theoretical frameworks in the past few decades. Academic journal articles and doctoral dissertations dealing with the topic of learning in adulthood flooded with Western, typically North American, theories and concepts. Is it indeed unproblematic to use Western frameworks in understanding domestic phenomena of learning in adulthood? To tackle this question, we looked into 15 academic journal articles in the Republic of Korea, which are explicitly taking Jack Mezirow’s transformative learning theory as a theoretical framework. We chose Mezirow’s theory because its undoubted status as a solid theory has recently faced serious challenge in Western scholarly communities. In the analysis of the chosen journal articles, we focus on how those articles used Mezirow’s theory in terms of its core elements. We concluded that Mezirow’s theory has been largely misappropriated. We used Edward Said’s concept of “traveling theory” to discuss possible reasons for this (mis-)appropriation. We suggested that sociocultural and historical influence should be taken into consideration in theory-use as well as theory-making.

Грамматико-стилистическая адаптация публицистического текста в соответствии с коммуникативно-прагматической ориентированностью на адресата (по материалам статей В.Г. Короленко)

Mahmood Hemin Tahir Mahmood. (Elets State University of I.A. Bunin, Elets, Russian Federation) Publicist is able to convey the essence and emotional aspect of certain phenomena of reality to the audience- (he/she) is a symbolic figure of any era. During the radical historical and socio-political period of changes, personality of the journalist (publicist) socially and psychologically becomes conditioned, as they are in charge of the formation of public views. V.G. Korolenko was one of those Publicists, whose observations and reflections are relevant to date. Studying linguistic specificity of articles of the outstanding publicist reveals the canonical features of his idiostyle and priority stylistic devices, such as (dialogization, metaphorization, and the use of antithesis). The article explains the transformation of publicist’s traditional voice manner in a text, addressed not to prepared intelligent reader but to the simple peasant, who has no experience of rational analysis of socially meaningful text. Comparative analysis of the articles «domestic phenomenon» and «The Fall of royal power» can detect the start of the dialogue leveling, priority of grading and epithet as the stylistic devices in post-revolutionary period journalism of V.G Korolenko. Key words : journalism, Korolenko, idiostyle, epithet, graduation . DOI: 10.18522/1995-0640-2016-4-153-160

Revival of Legal Positivism in an Oriental Context and ASEAN Values: A Decelerating Factor of the Functioning of Human Rights Norms

In the past, the theory of legal positivism played a dominant role in justifying the exercise of sovereignty in the context of international law. This led to state-centricity, and sovereignty gradually became balanced with legal historicism and naturalism, among others. States no longer held absolute power and other actors played a more intensive role parallel to that of the state in the process of international law-making. Although this decline of sovereignty also occurred in Southeast Asian countries, it was at a critically decelerated speed, and it is proposed in this paper that extreme resistance, albeit concealed, attributed to this deceleration of international and regional law-making in ASEAN countries. The focus of the study is limited to the reception of international human rights norms at regional and national levels. Much of the discourse related to the establishment of regional human rights systems is based on the common values of the ASEAN Community, namely, the ASEAN way, non-confrontation and non-interference, among other factors, whereas few studies have been devoted to the antecedents of the emergence of those values and principles. The findings of this paper indicate that a model comparable to the past European legal positivism has been embedded in most parts of the ASEAN region and the would-be enforceability of various international and regional instruments is forcefully sanctioned to a large extent. As denoted in this article, legal positivism in this oriental context has been developed by the high authorities of member states since their full acquisition of sovereignty, as of the modern states, following the decolonisation of the C20, and it now operates beneath the cloak and beautiful veil of ASEAN values. Piercing the veil of the ASEAN Community has helped to elucidate the obstacles and defects of the legal methodology employed within the region. This has led to a number of consequences, particularly the prevalent role of infra-community networks (infrapartes) in creating and enforcing regional norms and the existence of bilateralism and extraregionalism in the ASEAN Community. The domestic legal context will also be discussed in this paper for a deeper analysis. The constitution of the community, the ASEAN Charter, to which all member states are bound, contains various provisions that clearly uphold human rights, the rule of law and a democratic regime, but most of the region’s legal systems remain unchanged in these aspects almost a decade after its enforcement. However, there appears to be a lack of cooperation by the highest domestic authorities at the national level, who, in line with oriental positivism, maintain their supreme hierarchy and refuse to relinquish their hyper-protectionist and - positivist position on the application of international and regional rules. The analysis contained in this paper is a socio-legal one related to regional and domestic legal phenomena with the aim of presenting a holistic picture of the crisis involved in the process of developing regional human rights systems and the provision of feasible proposals at both regional and national levels.

Hegemoni dalam Emansipatory: Studi Kasus Advokasi Legalisasi LGBT di Indonesia

The emergence of polemics in terms of advocating the legalization of LGBT in Indonesia is a domestic phenomenon related to the international politics. LGBT already exist in Indonesia for a long time, and the number is growing, and needs concern. Legalization by 22 countries around the world encourage the LGBT community in Indonesia demands the government acknowledged of the existence in line with the globalization of communication which facilitates freely information flow crossing boundaries of the country. The support the United Nations, United States with a diplomatic device, and funding by UNDP lead LGBT issues become more complex. The phenomenon can be defined as an act of western cultural hegemony attempts to veil emasnsipatory spirit that does not comply with the norms and values of Indonesia. Indonesia needs to counter the hegemony with organic intellectuals to achieve a catharsis conditions, so that Indonesia is able to preserve its norms and values.Keywords: LGBT, hegemony, organic intellectuals, catharsis

El umbral habitado. Dialéctica del límite en la casa de Julio Cano Lasso

<p><em>Julio Cano’s house-office in La Florida is studied in this text as a clear realization of a conception of the domestic phenomenon as a threshold that sequentially articulates the transit between public and private space. It also serves to illustrate the character of limit that architecture has as a discipline and as a mechanism of spatial production. Julio Cano Lasso’s design tactic used in this building is based on the establishment of rites of passage and the limits of dialectics that link to the history of domestic architecture ranging from the traditional Japanese house to Wright’s Usonian houses. The exemplary character of the building resides in a lay out that shows quite literally a stratification which acts as a regulator of the relationship between the exterior and the interior of the house. This condition, simultaneously, subtly modulates both the degree of privacy of each room and the conditions of permeability among them.</em></p>

REVOLUÇÕES E RELAÇÕES INTERNACIONAIS: O CASO AFRICANO

Análise do impacto das Revoluções nas Relações Internacionais e no Sistema Mundial como elementos constitutivos e renovadores. Critica a posição das teorias que consideram um fenômeno interno que causa uma perturbação sistêmica, enfocando o caso das Revoluções Africanas da década de 1970. Explora a dimensão internacional das mesmas, considerando seu impacto no tocante ao fim da Guerra Fria, mesmo tendo ocorrido na periferia do sistema mundo.

The international dimension of drug policy reform in Uruguay

BackgroundIn 2013, Uruguay became the first country in the world to legally regulate cannabis from seed to smoke. A growing body of research addresses drug policy reform in Uruguay. However, existing studies have almost completely elided its international dimension, treating the process as exclusively domestic phenomenon. MethodsTo consider the international dimension of drug policy reform in Uruguay, the paper draws on primary and secondary sources such as existing studies, media reports, official documents, parliamentary debates and interviews with stakeholders and policy analysts from Uruguay and elsewhere. ResultsThe paper shows that, when, and, how international factors and actors contributed to Uruguay's drug policy reform process. Two ways in which the international dimension manifested itself are identified. First, as drug policy debate around the world changed, the context for reforms in Uruguay evolved. This resulted in a rather mixed international reaction to Uruguay's reform proposal. Second, international actors became directly involved in the process. Drug policy experts informed and legitimated cannabis reform and transnational advocates supported campaigning and mobilisation in Uruguay. ConclusionBy unearthing the international dimension of Uruguay's drug policy reform, the paper adds a novel perspective to the study of drug policy reform in the Uruguay.

“We are of the Sea!”

The figure of the renegade has been widely discussed in the field of early modern literary studies, with scholars situating rogue behavior within discourses of race, religion, and nationalism. However, these perspectives have not adequately addressed how domestic discourses of class and labor also shaped representations of renegades. My paper fills this gap by paying particular attention to English anxieties about vagrancy, a domestic phenomenon that manifested itself in new forms abroad, among pirates, apostates, and other traitors operating outside the geographical boundaries of the English state. Specifically, I examine the figure of Captain John Ward in Robert Daborne’s play A Christian Turned Turk (pub. 1612), in order to demonstrate previously overlooked connections between Ward’s reputation and his actual background as a lowly fisherman and conscripted sailor. This paper, by closely examining how the play and its sources construct Ward as a masterless man, sheds new light on the neglected issues of class and labor in the construction of the early modern English renegade.

International Association of Penal Law

Acting in my capacity as secretary general of the International Association of Penal Law (AIdP) and as professor of criminal law at the university of Luxembourg, it is an honour to contribute a welcome note to the establishment of the russian Law Journal. In fact, English language periodicals from russia in the field of comparative law are long overdue in the international legal debate where the reception of russian legal thinking does hardly correspond to the eminent political role that russia is traditionally playing in the world. one of the main reasons for this lamentable gap is simply the language barrier. In penal law – the discipline I represent – internationalisation has been a particularly recent phenomenon. Not only has penal law long been a domestic phenomenon largely communicated in our respective mother tongs. Beyond that, penal law has always been looked at – and defended – as a cornerstone of national sovereignty. that we as penal law scientists have to express our thoughts in a foreign language is, thus, a fairly new experience to all of us. Apart from the pioneers of the AIPd with their genuine interest in legal comparison, the emergence of international criminal justice after the second world war and, then again, after the end of the Cold war, as well as the ongoing process of European integration fueled this development to reach the present level. Against this background, I look at the russian Law Journal not only as a most welcome enrichment of our common legal culture but, moreover, as a long missing link for legal science in Europe, Asia, and the world. I personally had the privilege to experience the vivid and inspiring exchange with russian colleagues on the occasion of the preparatory colloquium of the AIdP titled ‘Information society and Penal Law’ that took place 24–27 April 2013 in Moscow. Not only did this colloquium prompt considerable intellectual gain, but moreover left us with numerous personal friendships as a prosperous platform for future dialogue. I wish this publication all the success that it surely deserves and look forward to many interesting discussions, contributions and insights provided accordingly.

Analysis of Soil Liquefied and Damage Phenomenon at Home and Abroad

Saturated soil liquefaction of macroscopic signs are surface sand boil, ground pavement cracks, landslides, farmland covered by sand, foundation is not uniform settlement led to the building sink and even cause damage to buildings and other instability. The phenomenon of soil liquefaction damage occurred many times at home and abroad in the earthquake history. By the research of the future, this paper combs the domestic and foreign typical seismic liquefaction phenomenon and refining mechanism of soil liquefaction.

Elements of Culture of Reference in Translation / Elemente der Bezugskultur in der Übersetzung

The paper presents the translator’s decisions regarding elements of foreign culture as examples from the novels Memory of my Melancholy Whores by G.G. Marquez and Fury by S. Rushdie, both in three translations. In the theoretical part the established termAusgangskultur (source culture) is replaced by Bezugskultur (culture of reference) in order to avoid suggestion of granted identity between culture and language. It is shown that all translators in general aim at the reader’s conformity but are not consequent at all regarding the strategy of rendering the elements of foreign culture. The technique overrules the strategy; each of the analyzed translations contains transportations of foreign elements, explanations of the latter and cases of their replacing by domestic phenomena.

At Home in Singaporean Sitcoms

At Home in Singaporean Sitcoms

An Estimate of the Inflation Risk Premium Using a Three-Factor Affine Term Structure Model

This paper decomposes nominal Treasury yields into expected real rates, expected inflation rates, real risk premiums, and inflation risk premiums by separately calibrating a three-factor affine term structure model to the nominal Treasury and TIPS yield curves. Although this particular application seems to produce expected real short rates and inflation rates that are somewhat static, there are theoretical advantages to calibrating the model to nominal and real yields separately. Moreover, the estimates correlate positively with back-of-the-envelope measures of the inflation risk premium. With respect to the current environment, monetary policy uncertainty does not seem to have contributed to the apparent increase in the inflation risk premium since the beginning of 2006. Also, in purely nominal terms, the increase in term premiums thus far this year might be just as much a global as a domestic phenomenon, given that nominal term premiums have also increased in Germany and the United Kingdom.

An Estimate of the Inflation Risk Premium Using a Three-Factor Affine Term Structure Model

This paper decomposes nominal Treasury yields into expected real rates, expected inflation rates, real risk premiums, and inflation risk premiums by separately calibrating a three-factor affine term structure model to the nominal Treasury and TIPS yield curves. Although this particular application seems to produce expected real short rates and inflation rates that are somewhat static, there are theoretical advantages to calibrating the model to nominal and real yields separately. Moreover, the estimates correlate positively with back-of-the-envelope measures of the inflation risk premium. With respect to the current environment, monetary policy uncertainty does not seem to have contributed to the apparent increase in the inflation risk premium since the beginning of 2006. Also, in purely nominal terms, the increase in term premiums thus far this year might be just as much a global as a domestic phenomenon, given that nominal term premiums have also increased in Germany and the United Kingdom.

The Role of Domestic Animosity in Consumer Choice: Empirical Evidence from Germany

SUMMARY The paper argues that specific choice and preference constructs previously only applied in international research may explain certain domestic phenomena better than those concepts typically used in domestic choice and preference studies. The animosity model of foreign product purchase is employed within the German consumer market. Results suggest that the previously uninvestigated notion of domestic animosity is responsible for a recent cross-segmental preference reversal in the eastern part of the nation. The outcome of the study has implications for internal trade in countries across the globe, as well as for scientific marketing research.

Terror enterprise: Organisation, infrastructure and resources

Terrorism has slowly evolved over the past three decades into an organised international network. It is no more a domestic phenomenon as it used to be during the early phase. While during the initial stage, terrorism posed threats only to national and regional security, it now threatens the entire global security environment. This paper argues that the causes behind the growth of terrorism worldwide can be traced to the organisational structure, infrastuctural back‐up and resources. The present study analyses these factors in the light of the current international environment.

The Effects of De-Regulation on Share-Market Efficiency in the Asia-Pacific

Emerging markets have been the fastest growing share markets in the past decade. There are 58 emerging markets. Yet, little is know about their efficiency compared to the vast body of results on efficiency of the developed markets. Little is also known of the way in de-regulation of emerging financial market affects efficiency. This Paper use daily closing values for share-price indexes for ten countries in the Asia-Pacific to assess the effect on market-efficiency of liberalisation of both the domestic capital-market regulation and the in the openness to international financial flows. We find that several measures of market-efficiency are unaffected by de-regulation while measure based on regression and autocorrelation point to greater predictability (both domestically and internationally) after de-regulation. This counter-integration of international capital markets. The domestic phenomenon remains a puzzle, however.

North American Airline Mergers: Strategic Response to Imperfectly Competitive International Markets

The wave of domestic mergers among North American airlines during the late 1980s and the subsequent reduction in competition increased the risk of higher domestic prices for airline tickets. Why then have the North American governments allowed this consolidation to occur? Research to date has focused on these mergers as a domestic phenomenon, but they occurred in response to imperfectly competitive international aviation markets as well. The North American nations and their international airlines could garner the lion's share of the supranormal profits to be had in these imperfectly competitive markets by cutting the costs of their international carriers. Matching international routes with domestic-route networks and establishing a global hub-and-spoke system lower the cost of providing international flight service. Domestic airline mergers are a means to creating significant domestic-route networks, cutting costs, and allowing international carriers to increase profit shares in international markets. Economic incentive for airline mergers is established and provides a basis for consideration of the political sphere; findings indicate that these mergers are beneficial to private interests and are also in the public welfare. Private interest and public-welfare political rationales are often in opposition both in political literature and in practice, but in this case they coincide. Empirical tests support domestic airline consolidation in North America as a contributing factor in competitive gains in international markets for both the nations and the airlines.

North American Airline Mergers: Strategic Response to Imperfectly Competitive International Markets

The wave of domestic mergers among North American airlines during the late 1980s and the subsequent reduction in competition increased the risk of higher domestic prices for airline tickets. Why then have the North American governments allowed this consolidation to occur? Research to date has focused on these mergers as a domestic phenomenon, but they occurred in response to imperfectly competitive international aviation markets as well. The North American nations and their international airlines could garner the lion's share of the supranormal profits to be had in these imperfectly competitive markets by cutting the costs of their international carriers. Matching international routes with domestic-route networks and establishing a global hub-and-spoke system lower the cost of providing international flight service. Domestic airline mergers are a means to creating significant domestic-route networks, cutting costs, and allowing international carriers to increase profit shares in international markets. Economic incentive for airline mergers is established and provides a basis for consideration of the political sphere; findings indicate that these mergers are beneficial to private interests and are also in the public welfare. Private interest and public-welfare political rationales are often in opposition both in political literature and in practice, but in this case they coincide. Empirical tests support domestic airline consolidation in North America as a contributing factor in competitive gains in international markets for both the nations and the airlines.