Jurisdictional Control Research Articles

Sovereignty and Jurisdiction Over Offshore Natural Resources in a Federal State: a Case Study of Nigeria

In most federal states, the quest for component littoral states’ hegemony over vast mineral deposits within their territories is not necessarily novel and has been a source of political activity and litigation in many jurisdictions. The Supreme Court of Nigeria was confronted with the same issue for the first time in Attorney-General of the Federation v. Attorney-General (Abia) & Ors [hereafter called “Resource Control Case”]. The Court, however, reaffirmed the federal government sovereignty and jurisdictional control over the vast resources located in the offshore and adjacent continental shelf of littoral states. This judgement, however, has deep-seated implications for municipal maritime law, constitutional law, seaward boundary, revenue allocation, inter-governmental relationship, and federal structure including geopolitical co-existence, national peace and security. It also raises important issues concerning the efficient and beneficial division of resources within the federal union of Nigeria. Because of the socio-economic and political importance of Resource Control Case to many littoral states, the judgement of the Court has elicited much criticism from political and legal commentators. This paper discusses the ownership and jurisdictional issues associated with offshore natural resources in a federal state with particular socio-economic implications for Nigerian State.

Las sentencias del Tribunal Europeo de Derechos Humanos relativas a partidos políticos y a sindicatos

Existen dos notas que configuran el derecho de asociación dotándole de perfiles propios: su internacionalización, esto es, su carácter supranacional, y el profundo desarrollo de las garantías jurisdiccionales, de las garantías de los derechos humanos a través de la acción de los tribunales y de una técnica jurídica procesal sofisticada y progresivamente eficaz. Es precisamente en este marco donde despliega su protección el Tribunal Europeo de Derechos Humanos que, en la interpretación y aplicación del Convenio Europeo para la Protección de los Derechos Humanos y de las Libertades Fundamentales, ha alcanzado el máximo grado de perfección y desenvolvimiento técnico en el control jurisdiccional de los derechos fundamentales en general y del derecho de asociación en particular, permitiendo recurrir directamente a los particulares ante un tribunal internacional, cuya jurisdicción es de carácter obligatorio y automático.

Heterogeneity in Professional Service Firms

abstractResearch on professional service firms emphasizes similarities in their organization and management and distinctiveness from other types of organization. In this paper we take a different tack and focus on the differences between professional service firms, that is, on heterogeneity across different professional sectors. We argue that differences between professions on a number of dimensions affect the nature of professionals' work and, in turn, the organization and management of firms across different professional sectors. Drawing on the sociology of professions literature we focus on three key dimensions of knowledge, jurisdictional control and client relationships to compare legal, auditing and engineering consulting firms. We consider how differences in these dimensions across the three professional services sectors impact upon the way firms are organized. We offer a number of propositions explicating how differences in the nature of knowledge, jurisdictional control and client relationships have implications for organizational form, team‐working and pricing systems.

Cocaine profiling for strategic intelligence, a cross-border project between France and Switzerland: Part II. Validation of the statistical methodology for the profiling of cocaine

Harmonisation and optimization of analytical and statistical methodologies were carried out between two forensic laboratories (Lausanne, Switzerland and Lyon, France) in order to provide drug intelligence for cross-border cocaine seizures. Part I dealt with the optimization of the analytical method and its robustness. This second part investigates statistical methodologies that will provide reliable comparison of cocaine seizures analysed on two different gas chromatographs interfaced with a flame ionisation detectors (GC–FIDs) in two distinct laboratories. Sixty-six statistical combinations (ten data pre-treatments followed by six different distance measurements and correlation coefficients) were applied. One pre-treatment (N + S: area of each peak is divided by its standard deviation calculated from the whole data set) followed by the Cosine or Pearson correlation coefficients were found to be the best statistical compromise for optimal discrimination of linked and non-linked samples. The centralisation of the analyses in one single laboratory is not a required condition anymore to compare samples seized in different countries. This allows collaboration, but also, jurisdictional control over data.

Jurisdictional Control and Network Growth

Transport infrastructure evolves over time in a complex process as part of a dynamic and open system including travel demand, land use, as well as economic and political initiatives. As transport infrastructure changes, each traveler may adopt a new schedule, frequency, destination, mode, and/or route, and in the long term may change the location of their activities. These new behaviors create demand for a new round of modifications of infrastructure. In the long run, we observe the collective change in the capacity, service, connectivity, and connection patterns (topology) of networks. This paper examines how a fixed set of places incrementally gets connected as transport networks are constructed and upgraded over time. A simulator of network incremental connection (SONIC) is constructed to model the process of incremental connections and examines how networks evolve differently under centralized versus decentralized jurisdictional initiatives. Exploring the mechanism underlying this dynamic process can answer questions such as how urban networks have developed into various topologies, which network patterns are more efficient, and whether and how transport engineers, planners, and decision makers can guide the dynamics of land uses and infrastructure in a desired direction.

New World Orders: Violence, Sanction, and Authority in the Colonial Americas (review)

New World Orders: Violence, Sanction, and Authority in the Americas. Edited by John Smolenski and Thomas J. Humphrey. (Philadelphia, PA: University of Pennsylvania Press, 2005. Pp. vi, 362. Cloth, $49.95.)Reviewed by Richard J. BellIn his erudite introduction to this bold new collection of essays, a distillation of work presented to the 2001 McNeil Center for Early American Studies conference of the same name, John Smolensk! argues that the ordering of colonial societies in the Americas relied upon a link between authority and violence. The creation of colonial order, whether in Caracas or Connecticut, could not be accomplished solely by the formation of a coherent ideology of domination in the metropole. Order, Smolenski argues, was negotiated on the ground, where it was promoted and contested through violence. In practice this meant that colonizing agents sanctioned both legal and extralegal forms of violence in order to construct and maintain their authority. Public executions mandated by the workings of the criminal justice system, public and private beatings that colonial officials refused to prosecute, their selective enforcement of statutes against violence, or their extension of jurisdiction over autonomous populations were all ordering mechanisms by which authority was instantiated in the Americas. The result, Smolenski argues, was a colonial order forged by violence: Colonial identities were created in some degree through economies of violence-the range of permissible exchanges of violence in colonial society that defined who could inflict violence against whom and under what conditions (14).Eleven essayists evidence this hypothesis across the four discrete secrions of this volume. In Part One, Richard Price and Christopher Tomlins consider how authors use stories of violence to breed common identity. In Part Two, Kimberley Gauderman, Cecile Vidai, and Sharon Block examine how the sanctioning of particular forms of intimate violence gave shape and substance to various social inequalities. In Part Three, attention turns from social spaces to questions of political authority as Mark Meuwese, Cynthia Radding, and Matthew Dennis analyze how colonial authority was slowly accreted and occasionally eroded in the jurisdictional battles that erupted in the wake of episodic acts of violence, particularly murders. Finally, in Part Four, Tamar Herzog, Gene E. Ogle, and Ann Twinam deliberate the power of citizenship as a colonial signifier.This volume, then, charts myriad attempts by figures on all sides to contain the violence inherent in the colonial encounter and turn it to their advantage. While agents of the Dutch, Spanish, French, and English empires were largely successful in creating sanctionable forms of violence to do the work of colonization, the authors in this volume are also sensitive to times and spaces in which minority populationsincluding married women, slaves, nonwhite immigrants, and indigenous groups-turned the tables by contesting the meanings of violence, resisting jurisdictional control or employing its mechanisms to protect themselves or advance their own causes.Fine contributions from Tomlins, Block, and Dennis fly the flag for English North America. In the first and most dazzling essay in this rich collection, Tomlins provides a model of how scholarship from the English Atlantic can prove pertinent to scholars considering the ordering of competing colonial projects. …

公開データによる近年の入札行動の変化に関する分析

In the Japanese construction sector where the bidding system has been recently reformed, the data of the tender results in areas of public construction works and/or consultancy services are now being made open, enabling objective analysis of such data from various viewpoints. In this research, such open data of a nation-wide coverage in the last two years or so has been collected comprehensively for academic analysis by some statistical methods. Also, public investments are seen to be decreasing sharply and the jurisdictional control to bid-rigging practices is being strengthened. The analysis of these data clarifies the tendency that severe competition among the bidders taking place and bidders resorting to price-dumping practices, which is becoming remarkable among the concerned part of the industry. The authors objectively describe the competitive situation in tenders and the characteristics of related corporate behaviors, as observed through this data analysis.

Obras públicas de interés general

El libro de Roberto Galán Vioque que recensionamos aborda uno de los temas que constituyen el eje de la disciplina de Derecho Administrativo las obras públicas. Su autor ha ponderado los aspectos esenciales de esta figura empezando por una creativa aproximación al concepto de obra pública, punto en el que incorpora la evolución legislativa desde mediados del S. XIX hasta la Constitución vigente. Estudia a continuación el reparto de competencias sobre obras públicas en el Sistema de Administraciones Públicas del Estado de las Autonomías, incluyendo una referencia al papel de la Unión Europea y a las Corporaciones Locales. Finalmente afronta la situación actual de la configuración de las obras públicas con atento análisis de la liberalización económica y el control jurisdiccional con la alternativa del arbitraje. Concluye con la propuesta motivada de una Ley de Infraestructuras.

Réforme des tribunaux administratifs et contrôle judiciaire: les inconsistances et les hésitations du Rapport Ouellette

Are privative clauses useless in contemporaneous Administrative Law ? That is what the Report of Groupe de travail sur les tribunaux administratifs presided by professor Yves Ouellette appears to assume when it recommends their abolishment to Quebec legislators. Privative clauses are statutory protection given to administrative tribunals against any judicial interference, except in the cases of want or excess of juridiction. Since the Alliance case in 1953 it has been held that superior courts cannot be deprived of their supervisory jurisdiction on jurisdictional errors of law or fact ; a full privative clause would even be unconstitutional since Crevier in 1982. More recently, in New Brunswick Liquor Corporation and in Control Data, the Supreme Court specified that jurisdictional control extends to pattently unreasonable intrajurisdictional errors of law or fact. Nevertheless, the Superior Court cannot get involved in the review of any other question of law or fact in the presence of a privative clause. That is the very reason of the enactment of such a clause as the Supreme Court recalls in Control Data. Otherwise the control of the Superior Court extends to all aspects of legality. The Ouellette Report favours on the one hand, the autonomy of Administrative Tribunals; and on the other, it recommends a more extensive control by the Courts... Not easy to reconcile !

LA JUSTICIA ADMINISTRATIVA. Libro homenaje al Prof. Dr. D. Rafael Entrena Cuesta

La jubilación del profesor ENTRENA CUESTA, catedrático de Derecho Administrativo de la Universidad de Barcelona, propició la celebración, el 15 de noviembre de 2002, de un Seminario sobre la justicia Administrativa en la Facultad de Derecho de dicha Universidad, el cual, bajo la presidencia del profesor Alejandro Nieto, contó con la participación de los profesores Tornos Mas, Font i Llovet, Malaret i García, Esteve Pardo, Pérez Moreno, Baena del Alcázar, López Ramón, Baño León, Cassagne y Montoro Chiner.
 Dicho Seminario, en el que tan eminentes administrativistas repasaron los problemas y las cuestiones fundamentales planteadas en torno al control jurisdiccional de la Administración Pública, a la luz de la “nueva” Ley de 13 de julio de 1998, es el origen del volumen que tenemos ocasión de reseñar sucintamente, publicado en el último trimestre del pasado año 2003.

Foreign Access to Shared Marine Genetic Materials: Management Options for a Quasi-Fugacious Resource

Marine genetic resources are increasingly being targeted as a source of drugs and other biotechnological uses. Many of these resources are located in tropical coral reef areas within the jurisdictional control of one or more developing nations. Unlike traditional marine living resources, genetic resources are not exploited for their properties as physical substances, but as sources of information. The current international regulatory regime governing access to marine genetic resources is the traditional rule of capture, which provides that ownership of natural resources coming from a common source of supply is recognized once it has been reduced to dominion and control. This contribution contends that the rule of capture coupled with exclusive access agreements and strong global intellectual property protections create a legal environment that is inequitable, economically and biologically inefficient, and ripe for international discord. This contribution advocates an alternative regulatory model that is similar, in many respects, to the more cooperative approaches used to manage transboundary fugacious resources such as liquid oil and gas, international water resources, and migratory wildlife.­

Solução de conflitos na União Européia: lições para o Mercosul?

A prática tem demonstrado que a evolução do processo de integração da União Européia deve-se, em larga medida, à existência do controle jurisdicional supranacional exercido pelo Tribunal de Justiça, a Corte de Luxemburgo. Alguns sustentam, inclusive, que certas decisões proferidas pelo Tribunal podem ser qualificadas como uma "verdadeira e pacífica revolução judicial". O objetivo deste artigo é o de demonstrar como, por meio de algumas decisões históricas, o Tribunal de Justiça abriu caminho para passar a exercer efetivamente o controle jurisdicional da Comunidade, conferindo eficácia a seu ordenamento jurídico e assegurando, conseqüentemente, a consolidação do processo de integração. Ademais, algumas ponderações são feitas acerca da adequação desse sistema de solução de controvérsias ao Mercosul.

The Case of Richard Tomlinson: The Spy Who E-mailed Me

This article considers the issues raised by the Richard Tomlinson affair. The authors discuss the following implications: First, the effective regulation and control of the Intelligence Services, concentrating upon the terms of Official Secrets legislation. Second, adequate legal safeguards for the internet. The authors discuss, inter alia, the problems of jurisdictional control, international regulation and technical possibilities for control. Finally, the authors assess the impact of the United Kingdom Government's proposals for a Freedom of Information Act and their impact upon the internet and the Intelligence Services. The authors contend that the Official Secrets Act 1989 is still in need of reform, regulation of the internet requires a paradigm shift in attitude, from all concerned and that the proposed Freedom of Information Bill requires overhauling.

Compacts: Unitary solutions to environmental problems having multiple sources and masters

AbstractFederal facilities' proximity to highly valued natural resource systems, such as the Columbia River and the Savannah River, are sometimes targeted as causing the degradation of the resource and therefore responsible for remediating the resource area. The role these federal facilities played in possibly contaminating water bodies should not be minimized unduly, nor should their role in remediation and long‐term management of residual contamination. Ignoring other sources of water‐body degradation, however, can result in short‐sighted and single‐focused remediation responses that, by their nature, will probably be ineffective. The task of remediating and managing water bodies requires broad‐based assessments of the full nature and extent of the degradation, the contributors to it, and the preferred short‐ and long‐term remedies. That task is complicated enough but becomes more complex when agencies from several states as well as federal agencies exert jurisdictional control over the water body. Although this article focuses on the Columbia River Basin, the concepts presented could apply to other water bodies shared by several states and degraded by multiple users. What is needed to restore and manage these degraded water bodies is a compact—a legislatively created, institutionalized relationship of the entities with interests in the protection and sustainable development of the water body.

Jurisdiction in community nursing services.

This article focuses on community-health nursing services and their jurisdiction in Norway. The aim of the study was to analyze and gain a better understanding of community-nursing services' jurisdiction and jurisdictional pressure. The areas of investigation were degree of jurisdictional control, pattern of pressure in the jurisdiction, and nurses' strategies to deal with this pressure. The respondents were nurses in public health nursing service, home nursing service, and nursing homes. The results showed that nurses in the three different community-nursing services had different degrees of formal and informal control in their jurisdictions. Patterns of pressure were visible both inside and outside of the jurisdiction. Jurisdictional pressure led to strategies that strengthened control of the work, fortified professional status, or both.

Political issues in inland waterways port development: prospects for regionalization

In the vast scientific literature on maritime transport, one theme appears neglected: the juridico-political framework in port development. We first examine how the jurisdictional control influences the allocation of resources and financial responsibilities. Second, we carefully evaluate conventional theoretical explanations of the process of port development as it generates important consequences on port policy formulation. We suggest that the concept of the port transition needs to be positioned within a new paradigm of the regional economy. Third, by focusing on three case studies namely France, China and Canada, we provide an understanding of institutional structure and how they reflect tendencies in port development. We then investigate regional flows, particularly the role of offshore, inshore and coastal traffic. Fourth, we present policy options for regionalization of ports. Fifth, we explore the regional elements of the port transition and provide an appreciation of the new role of the State in port development policies. The paper concludes on the adoption of new paradigm in port development strategies.

Jurisdictional Control Over Administrative Decisions in Czechoslovakia and the Czech Republic

Jurisdictional Control Over Administrative Decisions in Czechoslovakia and the Czech Republic

Academic Knowledge and Work Jurisdiction in Management

Relations between formal, academic knowledge, training in high-level expert ise and practical problem-solving activities vary considerably across fields of practice, as well as across societies. Four major kinds of skills development, certification and extent of jurisdictional control over tasks and jobs can be distinguished: craft professional, academic professional, contested academic and research based. Most academically credentialed managerial skills are sim ilar to contested academic skills. These variations in types of skill formation and jurisdiction result from differences in dominant institutions and char acteristics of fields of practice. Of particular importance are: the extent of professional élite power, state licensing, the prestige of modern science and of universities, the level of student demand, the nature of the employment system and labour-market organization and the contextual dependence of prob lems and issues. Academics in some managerial fields have extended their jurisdictional control in some countries by developing technical skills for dealing with complex, yet well-bounded and general, kinds of problems invol ving quantitative information.

Silviculture worker certification in Canada?

This paper begins by identifying constraints faced by the silviculture industry when making decisions on human resource development. It identifies market failures that may result in an underinvestment in silviculture training. The paper then provides evidence of underinvestment in training and discusses the role of government in influencing investments in silviculture training, particularly its intervention through regulatory measures such as silviculture worker certification.Part 1 presents theory and evidence concerning certification, which is defined both as an act and a process. It acts on the quality of education and training provided and ultimately on the quality of labor employed. Some functional and dysfunctional aspects of certification are touched upon. The process of certification includes the objectives of certification, intended target groups, certification and training standards, and certification structure. Assessing the human resources employed in the silviculture industry is an important step.The merits and shortcomings of certification are presented in Part 2. Key issues related to forest management are addressed to provide a balanced portrait of silviculture worker certification. The merits range from increasing product quality to reducing on-site injuries. Shortcomings include the transaction costs of certification, a phenomenon called the "generation gap," and jurisdictional control. Issues between the merits and shortcomings of certification are also included.Part 3 discusses alternatives to silviculture worker certification. Taxation, subsidies, and the dissemination of information on the benefits of training are other forms of intervention influencing decision making in the private market.

The Destruction of Issue Monopolies in Congress

Scholars studying congressional committees have noted the potential for members to seek membership on particular committees, leading to bias. Underpinning this line of scholarship is what might be termed a theory of comparative committee statics, characterized by a cross-sectional empirical approach. We present a new approach that focuses on the dynamics of jurisdictional control. By following a series of issues through the committee hearing process, we show that there is indeed significant issue bias in particular committee venues. However, we also find that new committees often claim jurisdiction over issues as they are redefined in the political process. The degree of jurisdictional monopoly enjoyed by different committees has been overlooked in the literature on this topic in spite of its importance in determining the nature of representation of interests in Congress.