Legitimacy Of Requests Research Articles

Section 301 and politics: Analysis of tariff exclusions

AbstractThe Trump administration imposed tariffs on Chinese imports starting in 2018. American firms that rely on Chinese imports were allowed to apply for exclusions for products. In this paper, we investigate political factors affecting the approval rates for these tariff exclusions. We also consider factors that may impact this estimate, such as firm selection into requesting and legitimacy of request. We find that tariff exclusion is increasing in the Republican vote share. Counties with a 10 percentage point higher Republican vote share experience a 10% higher probability of tariff exclusion approval.

Applying the UNIDROIT Principles in International Arbitration: An Exercise in Conflicts

The International Institute for the Unification of Private Law, which recently celebrated its 90th anniversary, published in 1994 the Principles of International Commercial Contracts. Since then the UNIDROIT Principles have been more and more often referred to by arbitral tribunals when settling contractual disputes. As a non-binding instrument of soft law, however, the UNIDROIT Principles may play a very different function depending on whether they are used as ‘rules of law’ for the regulation of a contractual relationship, are incorporated as terms of a contract governed by a state contract law, or are means to interpret and supplement the applicable contract law or the 1980 United Nations Convention on Contracts for the International Sale of Goods. Moreover, they can be applied pursuant to an express or implied choice made by the parties, either in the contract or after the dispute has arisen, or when the arbitral tribunal so decides by its own motion. In all such different scenarios different problems may arise for the coordination of the UNIDROIT Principles with sources of state law that have title to regulate the contractual relationship in dispute. Understanding such problems and finding a solution to them is essential in order to avoid the risk that the award may be later challenged or refused recognition. Such understanding could also foster the legitimacy of requests made by a party, or decisions taken by the arbitral tribunal, to apply the UNIDROIT Principles. It is submitted that private international law, taken as a technique for the coordination of legal systems, may offer a useful know-how to parties, counsel, arbitrators and courts for mastering such problems in a reasoned and sound way. This may result in enhancing the effectiveness of the UNIDROIT Principles, while balancing party autonomy with the sovereign interest of states in regulating international business.

Peacekeeping in Eastern Ukraine: The Legitimacy of a Request and The Competence of the United Nations General Assembly

In the last two years, the conflict in Eastern Ukraine has been analysed by legal experts in relation to the possible secession of the eastern territories and its legal and political consequences. Less attention has been given to a peaceful settlement of the dispute through the deployment of UN peacekeeping forces. The ‘peacekeeping solution’ is quite appealing, but it is not straightforward, due to the Russian opposition in the Security Council. In order to adopt it, the international community needs to bypass the Security Council’s deadlock using an alternative process. This article discusses the possibility of having a peacekeeping operation in Eastern Ukraine established by the UN General Assembly. Traditionally, the UN Security Council is considered the organ competent for the deployment of peacekeeping operations. Taking a differentiated approach, and recalling the ‘Uniting for Peace’ Resolution, the author argues that there can be a role of the General Assembly on the matter. The analysis focuses on two points: (i) the legitimacy of a Ukrainian request, giving attention to the factual situation in Eastern Ukraine and to the legal conditions under which a UN peacekeeping mission can lawfully operate; and (ii) the competence of the UN General Assembly in authorizing peacekeeping operations in Eastern Ukraine, considering both its traditional function and the legal basis that supports a different interpretation of its role in maintaining international peace and security.

Prescription drug misuse in New Zealand: Challenges for primary health care professionals

Background Prescription drug misuse (PDM) is an international phenomenon. Prescription drugs sought for this purpose are often obtained through the primary health care network. Objectives This study aimed to explore the challenges faced by community pharmacists (CPs) and general practitioners (GPs) when faced with the issue of “drug-seeking” and PDM. This forms part of a larger study of PDM issues for primary health care practitioners. Methods Qualitative interviews were carried out in New Zealand with 17 GPs and 16 CPs, purposively sampled to provide information from a variety of demographic and work environments. Interviews were tape-recorded, transcribed verbatim, and a thematic analysis conducted. Data collection took place between June 2007 and January 2008, and interviewees were offered an NZ$30 voucher in recognition of their contribution to the research. Results GPs and CPs faced a series of challenges in managing PDM, including identification of PDM, dealing with requests for inappropriate requests for psychoactive prescription drugs, verifying the legitimacy of requests and managing threatening behaviors. Specific issues were faced by rural practitioners, female practitioners and by locums and part-time staff. In particular, some participants reported feeling emotionally stressed after unpleasant drug-seeking incidents and some acknowledged that they may have missed identifying some drug-seeking because of lack of knowledge, “drug-seekers'” sophisticated strategies, or patients falling outside of their image of the archetypal “drug-seeker.” Conclusion This study demonstrated that PDM can be an issue for primary health care practitioners, and it can cause disruption to their work. Training in how to better manage threatening and escalating incidents may be useful as would increasing the level of awareness of PDM issues among health professional students.

Following the leader: front‐line narratives on police leadership

PurposeThe purpose of this article is to consider junior officers' attitudes towards those in senior positions, and the implications that this has for current debates on improving police leadership.Design/methodology/approachAn ethnographic study of policing underpins the article and theoretically the notion of police culture is used to consider the various ways in which frontline police officers are able to resist or circumvent reforms to which they do not subscribe.FindingsThe article finds that frontline officers place great value on being led by senior officers who have considerable direct experience of street level policework. Those officers who have rapidly climbed the promotion ladder, without “serving their time” on the streets, are regarded with some suspicion.Research limitations/implicationsFurther analysis of the attitudes of junior officers towards their senior colleagues would be useful, to build on this study to consider the extent to which the attitudes identified here apply to various roles completed by senior officers.Practical implicationsThe current agenda of police reform emphasises the benefits to be had from employing leaders who are from outside the British police service. While the suspicion with which such individuals are likely to be greeted by frontline staff is not, in itself, reason to reject such proposals it does indicate that efforts need to be made to bridge the “credibility gap” that seems likely to surround them. The article identifies a number of situations in which junior police officers did not accept the legitimacy of requests made by those of senior rank. It is not argued that leaders and managers were necessarily betraying ignorance of the realities of police work or that they were misguided. However, it is argued that given the continuing high levels of discretion available to police officers in terms of how they interpret their role and operationalise their diverse duties it is important for proponents of police reform to understand the cultural factors that, in part, will determine the ways in which frontline officers will respond to change.Originality/valueThe article presents valuable and original insight into a neglected aspect of debates on police leadership; namely, the perspectives of those who are “followers”. Since British policing has continued to eschew officer‐level entry, the issues raised are vitally important to those seeking to transform police leadership by introducing those from outside the service to senior positions.

Legitimacy of Request and Social Problem Solving

Three experiments examining assertive and nonassertive subjects' evaluation of the reasonableness of requests, their perceived ability to respond to requests, and the factors influencing response selection are reported. In each study, subjects viewed videotapes of requests of empirically determined legitimacy. Relative to assertive subjects, nonassertive subjects evaluated requests as more reasonable, rated themselves as less able to handle requests, and expected poorer outcomes from assertive responses. Legitimacy of request had strong effects on several variables, frequently as part of an interaction with subjects' assertiveness classification. Results are discussed in terms of a problem-solving model of assertive behavior and the need to consider the interplay between cognitions and behavior in the further study of self-assertion.

The effects of subjects' level of assertiveness, sex, and legitimacy of request on assertion-relevant cognitions: An analysis by postperformance videotape reconstruction

Male and female college students were classified into assertive and nonassertive groups on the basis of self-report and behavioral criteria. Each subject then role-played a series of situations in which the role-play partner made requests of varying degrees of unreasonableness. Utilizing Meichenbaum's postperformance videotape reconstruction procedure, subjects viewed videotaped recordings of their role-play performances and provided audiotaped recordings of the cognitions they experienced while role-playing. In contrast to the findings of previous investigations that have studied assertion-relevant cognitions through the use of structured self-statement questionnaires, few differences occurred between assertive and nonassertive subjects. However, several significant findings occurred as a function of the rated legitimacy of the requests. Implications of these data for both cognitive assessment and understanding of assertive behavior are discussed.

Interaction between gaze and legitimacy of request on compliance in a field setting

It was hypothesized that experimenter gaze would lead to increased compliancewith a legitimate request and decreased compliance with an illegitimate request. Subjects (95 males, 73 females) in Experiment 1 gave more dimes for a phone call to gazing rather than non-gazing female experimenters. Experimenter gaze did not influence dimes given by subjects for a candy bar. Experiment 2 replicated Experiment 1 with a different legitimacy manipulation and with an additional treatment including both gaze and touch. A significant interaction showed that subjects (56 males, 58 females) gave more dimes for a legitimate request (phone call) when they received gaze alone or gaze and touch from a female experimenter. Subjects gave more dimes for an illegitimate request (buying gum) when the experimenter did not gaze at or touch them.