International Matters Research Articles

The Cornerstones of the Post-World War II and the Contemporary International Law: the View from Moscow and Beijing

The starting point for a lot of legal and political science publications concerning global issues appeared lately in the USA and countries of the EU is that China and Russia are renegade powers trying to undermine existing postmodern world economic and political order. Some authors in other regions, even in Russia, follow such an erroneous approach. In real life the situation is entirely different. The world order that emerged after the end of World War II was created with China and Russia participation. They made a major contribution to its establishment. It suits their interests. The main pillars of this world order are sovereign equality of states, noninterference in their internal matters, international cooperation and the prohibition to use force. After the dissolution of the USSR so called western democratic nations made their best to change that and acquire the legal right to use different types of force unilaterally and to interfere in internal life of other states on different grounds, proclaiming that postmodern developments changed the essence of the notion of sovereignty. They pretend that they succeeded to do this and persuade others. It is not true. They failed. Russia and China managed to preserve the core values of the post-World War II order. They stick to modern international law and are its most important protectors and promoters. All their recent global political, nonproliferation and economic initiatives are the prove of it.

Challenges to academic freedom and institutional autonomy in South African universities

Academic freedom can be defined as the absence of outside interference, censure or obstacles in the pursuit and practice of academic work. This freedom is embedded in the right to education. The United Nations Committee on Economic, Social and Cultural Rights views education as a window to other rights. Institutional autonomy speaks to self-regulation or the right of self-government; self-determination; autonomy with respect to local or internal matters. Academic freedom (and institutional autonomy) is a constitutional right in South Africa. There is debate whether there is a threat to the constitutionally guaranteed academic freedom in South Africa. This comes from the background that universities often function as centres of political and intellectual dissent, and regimes are thus reluctant to allow institutions the freedom and autonomy that may contribute to instability. This paper looks at academic freedom and institutional autonomy in South Africa before and after 1994. The pre-1994 era grouped the universities into two – the open universities, which enjoyed many privileges and the “other” universities which were tightly controlled by the government. The post-1994 era saw the national Constitution guaranteeing academic freedom. The new government adopted new policies creating a unitary tertiary education system. This was built around the “cooperative governance” framework. However, with dynamics in the higher education system, this framework had to be amended. The amendments give the government more powers to intervene where necessary. Whatever justification, increased government involvement has implications on academic freedom and institutional autonomy.

Relation Analysis of Methods of Facing Stress and Anxiety, in Students with Mobility Impairment, in Special and Normal Schools

Mental anxiety causes turbulence, agitation, disquiet and being messed up, which in turn leads to a lower degree of concentration. Facing means any response to the hardships encountered in life, prevents emotional discomfort, or immunizes the person against it or helps the person to overcome it. The process of coping and facing stress stands for all behavioral and cognitive efforts made by the person to put up with internal and external matters. It seems that identifying and understanding the facing methods is among elements which could correlate to facing stress and anxiety. The goal of this study is the relation analysis of methods of facing stress and anxiety in school students with mobility impairment. The research method is codependence. Statistical population includes all school students having mobility impairment, selected from amongst schools of the Ghaenat city that numbered 106 individuals according to the welfare organization’s poll. All these individuals participated in this research due to the low number of the statistical population. Facing skills questionnaire of Folkman and Lazzarus and the anxiety questionnaire of Ketel were provided. Pierson’s statistical analysis method of Regression Analysis was applied. The achieved results indicated that there is significant relation between methods for facing stress, and facing anxiety.

Expanding the Power of Big Labor: The NLRB’s Growing Intrusion into Higher Education

This written testimony was submitted to accompany an appearance before two subcommittees of the House of Representatives regarding the National Labor Relations Board's jurisdiction over higher education institutions. In this testimony I made three points: First, the NLRB’s use of a “substantial religious character” test to determine the scope of the exemption for a religiously-affiliated university from the National Labor Relations Act is at odds with over 30 years’ worth of Supreme Court and lower court precedents. Second, intrusion by the NLRB into the internal matters of religious institutions poses a threat to religious freedom. Finally, opposition to NLRB jurisdiction over religiously-affiliated colleges and universities is not inconsistent with support by churches of the rights of workers to unionize.

An integrated framework for competency development: perspectives of risk managers in banks

To succeed, business organisations need comprehensive competency development to continuously churn out talent. However, existing approaches are inadequate because they focus on specific technicalities, people and internal firm matters, rather than tackling the issues in a comprehensive manner. We address this deficiency by testing a framework that integrates three concepts—core competencies, dynamic competencies and learning organisation—in an under-researched context: banks’ risk management functions. Our survey of 135 risk management professionals yielded a five-factor framework. The proposed framework guides competency development more comprehensively in that it integrates the three concepts hitherto studied in isolation. It is also systematic and practical given its overarching and expandable dimensions.

Just and Unjust Interventions in World Politics: Public and Private, by Catherine Lu

Catherine Lu Just and Unjust Interventions in World Politics: Public and Private Basingstoke: Palgrave MacMillan, 2011. 239 pp., $31.00 (paper) ISBN: 978-0-230-28565-1The subject of military intervention has always been prominent feature of normative debates in international relations (IR), and the past decade has been no exception. In the past 10 years there have been so many publications and books about the subject of intervention and the corollary idea of Responsibility to Protect (R2P) that it has become increasingly difficult to say much new about it. Catherine Lu's book, however, succeeds in this regard by providing fresh normative analysis of intervention based on the public-private distinction borrowed from feminist political theory. Originally published in 2006, the paperback version of Lu's book, Just and Unjust Interventions in World Politics, was released in 2011 and contains new Afterword where the author addresses developments since the original publication of the book, most notably, the debate over R2P. The rest of the book, however, remains unchanged from the original edition.This book's central argument is that the debate over humanitarian intervention can be illuminated by the public-private distinction as espoused in feminist political theory. In short, the author uses the public-private distinction as analogous to the international-domestic distinction in IR and as way to illuminate the normative structure of international society more broadly, as well as to probe issues pertaining to the responsibilities of, and the relationships among, different international actors involved in intervention. The book also uses this public-private construct as way to critically examine prevailing normative approaches to the question of intervention and the legitimacy of recent interventionary practices.The book begins with an application of the public-private distinction to IR, with the main insight being essentially that affairs are those which states regard to be internal matters protected from interference from external actors, whereas matters are those which are the legitimate business of the international community. The analogy is thus both intriguing and intuitive. For example, family privacy has historically been way for domestic abuse to occur unchecked by outside authorities, similar to how state sovereignty has permitted states to commit variety of injustices toward their own people-such as mass atrocities-largely unchecked by international society. In both cases, we see how there should be clear limits placed upon what actions or policies can be justified as a private matter, which is to say as part of state's sovereign prerogative.In the next three chapters the author critically examines prevailing normative approaches to the issue of intervention in light of the public-private distinction. This analysis begins in chapter 3 with an examination of realism and ultimately concludes that this approach is incapable of supporting morally consistent normative position either for or against intervention. Chapter 4 is similarly critical investigation of communitarianism, which fares little better than realism, as the author reveals the inconsistency and inadequacy of communitarian accounts of the public and private lives of states. In chapter 5, however, Lu argues that unlike the realist and communitarian perspectives, cosmopolitan perspective is capable of generating moral considerations that can provide morally consistent account of intervention that can accommodate and shape the private and public lives of states. …

Joint public procurement

Joint public procurement is an opportunity that first appeared with the new European Public Procurement Directives. The significance of joint public procurement should not be exaggerated, but it is important to explore its advantages, its possible applications and its occasional disadvantages. Joint public procurement can not be managed independently from the decisions or the internal organisational matters of the contracting authorities or entities. There are plenty of potential research questions that widen the scope of understanding of the joint procurement framework system. A better understanding of everyday practice could make it clear that joint implementation of projects does not directly yield cheaper and more efficient public procurement.

Kasualien und Öffentlichkeit

Abstract Church Passage Rites in the Public: Interactions and Networks in the Space Between. Church passage rites today transgress the borders between church internal matters and privatized faith on the one hand and the public sphere and common patterns of individual interests on the other. From the example of activities around mourning and funerals, the work of pastors and congregations today is that of one player among others. In the local public, church activities become relevant when they are performed in a way which encourages the relational and interactive potential in a cooperative network.

Aboriginal People and the Canadian Federation

Following the European colonizer arrived at and invades Canada, the Aboriginal people-who are considered as the natives, have been oppressed for many centuries. Their land was taken by the settlers and their economy become too sluggish and subsistence; they were marginalized in the social, economic, cultural and political arenas. This paper is aimed to assess the root causes of conflict between the aboriginals and settlers and to identify measures taken by the government to address the problems. We used intensive secondary data through reviewing different books and international journals. Lose of land ownership, deterioration of health and economic development, worst assimilation of Aboriginal People to the main stream culture, Political marginalization such under representation of them under government office, Economic exploitation of Aboriginal People are some of the real causes of conflict between Aboriginal and non- Aboriginal People. Besides, they are not also allowed to run their own business activities, exercise their cultural ways of life, improve and develop their culture and traditions. Federalism, multiculturalism, empowering Supreme Court and the constitution act of 1982 were of the institutional arrangement recognized typically to deal with the existing real conflict and to accommodate diversity. Some of possible measures taken by the government are- the recognition of the right to land title; the right to self-government on their internal matters, to develop their culture, language and identities. It also allowed developing laws like laws on customary marriage for their people though subject to the approval of the minister responsible for their affairs have also been recognized to exercise.

Investment Cash Flow Sensitivity as a Measure of Financing Constraints: Evidence from Selected African Countries

The use of investment cash flow sensitivity as a measure of financing constraints is an unresolved research agenda. This paper endeavors to explain the conflicting evidence by using proxies for both internal financial constraint and external financial constraint measures. Data is taken from selected six African countries, a region where no previous studies are conducted. It is observed that the investment curve is Ushaped when firms are classified on the basis of internal financial constraint measure (i.e. cash flow). Using external financial constraint proxies (age, size and payout) it is found that all category of firms show positive and significant investment cash flow sensitivity. This suggests that the sampled African firms are externally financial constrained. It is concluded that the way firms are a priori classified as internal vs. external financial constrained matters. This raises the issue of whether the term financial constraints itself is a multidimensional construct.

Low-Intensity Cyber Operations and the Principle of Non-Intervention

The advent and proliferation of State-sponsored cyber operations, especially low-intensity cyber campaigns producing effects short of destruction and injury, seem likely to augment the importance of non-intervention as a legal means of maintaining international peace and respect for sovereignty. This article highlights obstacles to the operation of the principle. As presently understood, the customary international law principle of non-intervention includes significant doctrinal gaps and ambiguities. In particular, States have not achieved or expressed consensus on a notion of coercion sufficient to deter or regulate acts of intervention in cyberspace. Additionally, States have not mustered, in the context of cyberspace, sufficiently clear notions of the internal and external matters protected by the principle's customary prohibition.This article advocates deliberate State attention to these troubling ambiguities and highlights the principle of non-intervention as an essential legal aspect of States' peaceful coexistence in cyberspace.

Swiss Shock: Minaret Rejection, European Values, and the Challenge of Tolerant Neutrality

In 2009 Switzerland, for long an apparent beacon of European toleration and neutrality, voted to ban the erection of minarets. Internal religious matters are normally dealt with at the regional or local level – not at the level of the Swiss national parliament, although the state does seek to ensure good order and peaceful relations between different faith communities. Indeed, the freedom of these communities to believe and function publicly is enshrined in law. However, as a matter of national policy, now constitutionally embedded, one religious group, the Muslim group, is not permitted to build their distinctive religious edifice, the minaret. Switzerland may have joined the rest of Europe with respect to engaging the challenge of Islamic presence to European identity and values, but the rejection of a symbol of the presence of one faith – in this case, Islamic – by a society that is otherwise predominantly secular, pluralist, and of Christian heritage, poses significant concerns. How and why did this happen? What are the implications? This paper will discuss some of the issues involved, concluding the ban is by no means irreversible. Tolerant neutrality may yet again be a leitmotif of Swiss culture and not just of foreign policy.

“Kõige selgem õiguslik järjepidevus valitses Eestimaa kubermangus.” Ühe baltisaksa ajalookirjutuse paradigma kriitika

Keywords: Estonian history, legal history, legal continuity, Baltic German historiography, Baltic German corporative autonomy, 1710 capitulations, 1721 Nystad Treaty, province of Estland, Lutheran church governance. This article is focused on a research problem that has been crucially important for Baltic German historians: Baltic German corporative autonomy in the early modern era. Baltic German historiography has followed a paradigm, according to which – in the provinces of Estland and Livland after the fall of Swedish rule and the establishment of Russian supremacy, and pursuant to the terms of the 1710 capitulations and the 1721 Treaty of Nystad – the corporative autonomy was restored to the status that had existed before the reforms of the Swedish king, Charles XI. The research results of this article, however, show that the paradigm of restoring the corporative self-governing organization on the basis of legal continuity has to be revised regarding the province of Estland. When the Russian central government initially refrained from interfering with the internal matters of the province, the Estland Ritterschaft’s position of power increased significantly, while the Lutheran clergy lost the strong support of the central power. The Ritterschaft already had wanted to participate in church governance, but so far the opposition of the Swedish power had been an impassable obstacle in this regard. Then in 1715, taking advantage of the changed political constellation, the Ritterschaft subordinated the governance of Estland’s territorial church to its own power. Consistorial church governance (common to the German lands), in which the representative of secular power led the main church governance institution (consistory), replaced episcopal governance (specific to the Swedish state). However, this system change in church governance was illegal and violated the terms of the capitulations as well as those of the later Nystad Treaty, according to which the church organization of the Estland province had to remain as it had been during the period of Swedish supremacy, or in other words on the provincial level solely under the governance of the clergy. Thus, the arguments of Reinhard Wittram and Gert von Pistohlkors about the extraordinarily strong legal continuity of the Estland province in the context of early Russian supremacy are not valid. The core issue lies in the fact that the capitulations and the Treaty of Nystad served as the legal foundational norms of the whole Baltic German corporative autonomy during Russian supremacy. The main arguments of the Baltic German estates against the unification policies of the Russian central power and against the leveling of the special position of Estland and Livland in the Empire were the privileges, stated in the aforementioned foundational norms and confirmed by the Russian monarchs, as well as the legal continuity which resulted from these privileges. These points have to be considered first and foremost, if we are trying to understand why Baltic German historiography has ignored the fact that Estland’s Ritterschaft, right at the beginning of Russian supremacy, violated the terms of the capitulations and of the Nystad Treaty. Andres Andresen (b. 1971) is a Senior Researcher at the Institute of History and Archaeology, University of Tartu.

Remuneration and Riots: Rethinking Corporate-Governance Reform in the Age of Entitlement

The question this paper addresses is whether the corporate-governance reforms of the past 30 years have actually made our elite-remuneration problems worse. This article posits that, over time, corporate-governance initiatives have created a regulatory edifice that has neutered executives and distanced shareholders from important internal governance matters, such as remuneration, while at the same time considering disclosure of elite salaries a legitimising tool in itself. In the public sector, the mimicking of private-sector agency-cost-reducing norms and transparency initiatives has had a similar accelerating effect on the salaries of the elite. The price of this edifice in all sectors has been high elite pay, as neutered executives and public servants have sought out remuneration as a proxy for power, prestige and service. In turn, there has been a steady increase in public awareness of and unhappiness about elite remuneration. The paper concludes that the answer lies in giving executives and public servants back their discretionary power to manage, by removing many agency-cost-reducing initiatives. Real solutions are likely to be found by: ending quarterly financial disclosure; exempting public-sector salaries from Freedom of Information (FOI) requests; ceasing to use performance-related targets; reducing the influence of Non-Executive Directors (NED); increasing the cost of exit for shareholders; allowing boards to use their powers to defend takeovers; utilising average-pay ratios and employee say-on-pay rights; and removing remuneration-disclosure requirements.

Morocco's new constitution and the Western Sahara conflict – a missed opportunity?

Morocco's new constitution of July 2011 brought very little change and hardly touches on the King's privileges. It continues with the same autocratic system of patronage and clientelism, long associated with those close to the King, ignoring what had been requested by the protesters in Morocco and promised by the King. The revised constitution and subsequent formation of the new government after the elections of November 2011, was a missed opportunity to move Morocco towards real democracy and to address some of the country's development needs. The precipitous move by King Mohammed VI and his entourage to have a new constitution quickly drafted and approved follows the same lack of long-term strategy, which has not served Morocco and its people well in either internal or external matters, including the Western Sahara conflict. This article outlines Morocco's actions in revising its constitution and forming a new government in response to protests and those in handling the Western Sahara conflict. It argues that real democracy in Morocco and the Western Sahara could help both the Kingdom and its adversaries in resolving the conflict.

THE IDEA OF RIGHTS IN THE IMPERIAL CRISIS

AbstractThis essay examines the idea of rights advanced by the American colonists in the imperial crisis (1763-1776). It argues that the colonists viewed all English subjects as having the same fundamental rights as individuals everywhere in the empire. These individual rights (to life, liberty, and property) were in turn guaranteed by the right to consent to taxation. In the empire, the colonists insisted, these rights could only be protected by the colonial legislatures as they were not represented in the British Parliament, which in turn meant that the colonies must have the ability to govern themselves in all internal matters, a claim which ultimately led to the idea of each colony as a “free state,” independent of King and Parliament. While the colonists began by defending these rights on the basis of their legal inheritance as Englishmen, they gradually moved towards a more radical claim: that these rights were theirs based on the law of nature, and thus open to all men in principle. This move to natural rights was based in part on the colonial claim that they had migrated to America, a place inhabited by indigenous peoples whom they viewed as “savages” and thus outside of the jurisdiction of the English common law. The radical move to natural rights, however, was in tension with the loose confederation which emerged in the years after 1776 in which each colony was now a quasi-independent republican state and in which the rights of minorities—Native Americans, African Americans, religious dissenters, and Loyalists—could not be effectively protected by the federal government.

WHY BE YOURSELF? KANTIAN RESPECT AND FRANKFURTIAN IDENTIFICATION

Harry Frankfurt has claimed that some of our desires are ‘internal’, i.e., our own in a special sense. I defend the idea that a desire's being internal matters in a normative, reasons-involving sense, and offer an explanation for this fact. The explanation is Kantian in spirit. We have reason to respect the desires of persons in so far as respecting them is a way to respect the persons who have them (in some cases, ourselves). But if desires matter normatively in so far as they belong to persons, then it matters whether they really do belong to the persons who have them. Thus Kantian considerations explain why identification (or internality) is a normatively relevant category. This account is superior to others, and does not lead to reasons bootstrapping or a self-centred conception of deliberation.

저출산 시대에 재택근무 및 재택근무자의 사례 연구 : 서울시 동대문 구청의 재택근무자를 중심으로

Low birth of the reasons the burden of childbirth and parenting to the marriage has brought the problem to avoid delaying childbirth. The low birthrate and aging of Health and Welfare as a policy to reduce the burden of care work and home life balance could do was come up with policies Three kinds of measures to enhance socially responsible for maternity care, family friendly social and cultural composition of the Gender Equity, a sound basic plan was to foster future generations. Women with increasing levels of education enable women to home and work life balance has become interested in home-based work and home-based workers. Main Office 2009 for years, maternity leave for female civil servants working at home were targets. this study, together with the theoretical and practical for home-based work patients who were targeted case management. Home- based work's affect individual factors, family factors, social and cultural factors have been studied something. personal factors of self-realization, her husband's support, there is satisfaction for home- based work. Family factors include a husband, children, husband's parents, her parents were studied in the parents. Social factors at work thinking about women, work from home for the socially aware, of the difficulties in the workplace after childbirth, Leave after childbirth, maternity leave before and cultural factors at work, work environment, level of feeding space in the workplace, domestic labor assistant, a job as Traffic was a problem. Activation of the work focuses on internal matters as a factor home-based work, job information, and time management. Instructions and reporting to work, personal time to adjust, and then return to work from home are worried about the problem has been studied. The problem is especially worried after returning home office parenting issues, household chores, time management, human relations, promotion problems. Home-based work on the external factors that recognize home-based work subjects selected maternity leave and child care subsidies, child care Nursery studied. Korea's family friendly policies in the occupation areas and other areas of life balance you want to create a new corporate culture is a national policy. The current low birthrate, aging society's problems, as well as the government has a strong interest in the problem is solved. The current low birthrate, aging society's problems home-based work as a way to solve pieces of them for research is required. Home-based work continues to be active in the general corporate research is required.

전기분해에 의한 하수슬러지 가용 효과 연구

지속적인 하수처리장 증설에 따른 하수 슬러지 발생량이 증가하고 있으나, 런던협약 발효에 의해 2012년부터 해양투기가 금지되어서 효과적인 슬러지 감량화 및 처분에 대한 기술 수요가 꾸준히 제기되고 있다. 따라서 본 연구에서는 슬러지 처분법의 대안으로 전기분해를 활용한 슬러지 가용화 연구를 수행하였다. 전극은 티타늄 (Titanium)에 이리듐 (Iridium)을 코팅한 불용성 전극을 사용하여 직류전원 공급장치 (DC power supply)를 이용하였다. 전압은 20V로 고정하여 폐슬러지 가용화 실험을 수행하였다. 전기분해에 의해 처리된 슬러지의 여액을 분석한 결과 Soluble COD, TN, TP가 각각 151%, 22%, 6% 가량 증가하였다. 또한, 슬러지의 플록 크기가 전기분해 후에 0.1 ~ 1.0 <TEX>${\mu}m$</TEX> 영역에 있는 입자들이 다량 증가하였다. 이상의 결과는 전기분해에 의하여 미생물 세포가 파괴되어 세포 내 유기물질이 세포 밖으로 용출됨으로써 미생물이 이용 가능한 상태로 전환되었음을 의미한다. 이는 고도처리 공정에서 슬러지발생 저감과 함께 전기분해에 의해 가용화된 슬러지를 반송시킴으로써 외부 탄소원으로 활용할 수 있는 장점이 있다. Although sludge production has been increased due to the number of the wastewater treatment plants expanded, needs of the techniques for the sludge reduction and disposal has been issued importantly because the sludge dumping to ocean is prohibited from 2012 by the London Dumping Convention. Therefore, the sludge solubilization using electrolysis as an alternative techniques for the sludge disposal was carried out in this study. Iridium coated titanium based insoluble electrodes were used and 20 volt was applied to the electrolysis reactor using DC power supply. Supernatants of the treated sludge was monitored: The soluble COD, TN, TP of it was increased to 151%, 22% and 6% respectively. And the sludge floc size distribution was changed, that is, the flocs ranged from 0.1 to 1.0 <TEX>${\mu}m$</TEX> were increased. All of these results indicate that the cells were lysed and the internal matters bursted out of the cell after electrolysis. As well as the reduction of the sludge production, the soluble organic matters from the cells could be used as an external carbon sources in the advanced wastewater treatment plants.

Corporate Governance And Directors’ Remuneration In Selected ASEAN Countries

This paper briefly discusses the corporate governance and directors’ remuneration as being practiced by five different ASEAN countries i.e. Singapore, Malaysia, Indonesia, Philippines, and Thailand. Governance is about how an entity is being directed and controlled, while corporate governance is about a system, procedure or mechanism of balancing between directing and controlling business entities’ internal matters and the demand of their external shareholders and stakeholders. The paper summarizes the development of corporate governance and directors’ remuneration in these countries. An attempt has also been made to highlight issues regarding the need of disclosure of individual director’s remuneration, the need of shareholders’ approval on directors’ remuneration, the need of shareholders’ approval on stock based incentive plan, approval of directors’ remuneration by a committee at board level, the separation of role of the Chairmen of Board of Directors and Chief Executive Officers, and the recommended maximum length of period offered to directors. It later focuses on the progress made by these countries in further uplifting their corporate governance practices. The paper also examines some arising pertinent and puts forth some recommendations on how the future direction of the development of corporate governance in ASEAN countries with respect to directors’ remuneration shall take shape.