Obligations Of Members Research Articles

Anti-immigrant sentiment in Europe and the Crisis of the European Intergration

이 논문에서는 특히 독일을 예로 들어 유럽에서 기승을 부리는 반이민주의의 성격을 살펴보고 국가적 차원에서 이주민에 대한 혐오가 유럽적 차원으로 확대된 배경과 새롭게 나타난 ‘유럽적 인종주의’의 구조적 토대들을 살펴보고자 한다. 이주민은 유럽역사에서 오랫동안 이방인으로 여겨져왔다. 근대 국가의 형성과 더불어 이주민은 국민의 ‘타자’로 배제되었고 최근에 유럽 연합에서 나타나는 이주민에 대한 반감은 문화적으로 ‘진짜 유럽인’과 비유럽인을 구분하는 기제로 작동하고 있다. 문제는 이 유럽적 차원에서 나타나는 반이민주의가 아이러니하게도 유럽공동체가 유럽연합을 확대하는 과정에서 심화되었다는 것이다. 이를 위해 유럽연합의 확대와 더불어 마련된 ‘코펜하겐 기준’과 ‘유럽시민권’ 제도의 문제점이 검토될 것이다. 마지막으로 배제의 논리가 아니라 ‘이질성을 포용’하고 유럽의 거주민으로서 이주민들을 포함시킬 수 있는 대안적인 유럽적 정체성에 대한 예시를 소개하고자 한다.This paper examines the characteristics of anti-immigrants, especially in Germany, which is emerging particularly severely in Europe, and the background why the hostility to the immigrants has expanded to the anti-immigration throughout Europe. Ultimately, I would like to identify institutional foundations of the newly emerging European racism . Immigrants have been for a long time regarded as strangers in European history. With the formation of the modern Nation-state, migrants were excluded as ‘others’ of the people, and the recent antipathy towards immigrants in the European Union is functioning as a mechanism to distinguish between “real Europeans” and “non-Europeans” from the cultural point of view. The problem is that anti-immigrants on this European level are ironically deepening in the process of enlargement of the European Union. To prove this These, the problems of the ‘obligations of membership’ proposed in Copenhagen(1993) and ‘European citizenship’, which were established along with the enlargement of the European Union, will be examined. Finally, I would like to introduce an example of an alternative European identity that could embrace heterogeneity and include migrants as European inhabitants, rather than the logic of exclusion.

Analýza vývoje družstevních záložen v novodobé české historii s akcentem na regulatorní změny

Tento článek se zabývá vývojem v sektoru družstevních záložen v České republice. První část práce popisuje historii sektoru a faktory, které jej ovlivňují. Druhá část se zabývá vývojem družstevních záložen v posledních letech. Ukazatele finanční analýzy popisují vývoj odvětví a ukazují vliv jednotlivých událostí, např. odebrání povolení k činnosti jako družstevní záložna nebo transformace na banku. Hlavní důraz je kladen na novelu zákona č. 87/1995 Sb., o spořitelních a úvěrních družstvech, ve znění pozdějších předpisů, který upravil povinnosti členů družstevních záložen a zajistil tak větší participaci těchto členů na chodu samotné družstevní záložny. V příspěvku je také popsán vliv prostředí nízkých úrokových sazeb na vývoj ziskovosti a návratnosti vlastního kapitálu. Závěr práce je věnován předpovědi budoucího vývoje s ohledem na změny regulace a tržního prostředí.

Not marrying in South Africa: consumption, aspiration and the new middle class

This article explores how marriage, or its absence, features in relation to the aspirations and obligations of members of South Africa’s new black middle class. In a context where the state and credit have played key roles in the newly financialised arrangements of neoliberalism, it considers how ties that are both conflictual and intimate — bonds that simultaneously distance people from, while creating increasingly intimate connections to, both kinsmen and (prospective) affines — operate within this novel space. “Middle classers” are set apart from their less fortunate relatives, even as they continue to have to support and remain intimate with them; divided from partners who expect them to conform to conservative female roles, while they continue to hold positive views about marital exchanges (and payments) more generally.

International and Regional Organizations in the Balkan, the Case of Kosovo

Before talking to international and regional organizations, I will briefly tell you the history of the establishment of International Organizations and Regional Organizations. All International Organization are classified by their field of activity (around the globe in one or more continents), by their activity (military, political, economic, financial, etc.); in thedecisionmaking ways (only a number of member states in the relevant organs of the organization), to the time of operation (permanent or temporary) etc. In this paper I shall try to give an overview of the functioning of organizations ranging from membership (type of membership), dismissal, suspension and the rights and obligations of members; financing, the immunity and privileges of diplomatic staff in International Organizations. Certainly in this paper I will attempt to explain the role of Regional Organizations in particular on the Balkans including Kosovo. Today International Organizations became an important part of the economyin one country or regionand it plays a major role in the development and democratization of countries. Today without the existence of International Organizations the objectives of states, could hardly be achieved. The paper is based on the research and referring to various contemporary books, resources from the official website addresses, various journals and scientific articles. DOI: 10.5901/ajis.2016.v5n2p163

Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court

Summary The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.

KONSISTENSI HUKUM WORLD TRADE ORGANIZATION (WTO) MENGENAI PRINSIP MOST FAVORED NATION (MFN) ATAS REGIONALISME DAN PANDANGANNYA TERHADAP ASEAN ECONOMIC COMMUNITY (AEC)

In 2015, Indonesia and other ASEAN members have a commitment to establish a single market region, i.e. free flow of goods and service, termed ASEAN Economic Community (hereinafter ‘AEC’). This arrangement is contrary to Most Favored Nation (MFN) principle under the General Agreement on Tariffs and Trade 1994, (hereinafter ‘GATT’). This paper aims to address the said violation according to the WTO/GATT law by analyzing (1) the general obligations and exceptions under the WTO/GATT, (2) regionalism in general and its existence in Southeast Asia, and (3) the interpretation of WTO’s compromise to regionalism. Under the GATT, there is a general obligation for members to treat their trading partners equally and give the same benefits to other members. However, there is an exception to this principle under article XXIV of the GATT, which based on the notion that regional trade agreements are a building block for multilateral openness. Yet, before applying this exception to the case at hand, AEC’s form must be determined. AEC’ has a structure of Free-Trade Area (hereinafter ‘FTA’) with a single market adhere to it, which according to WTO’s database there is one in force at the moment, namely ASEAN Free Trade Area (hereinafter ‘AFTA’). AFTA is not the equivalent to AEC because it covers more than just goods. Thus, the answer to apply the exception to AEC is inconclusive because even though it fits normatively, it does not have the necessary legitimacy.

How Does EU Law Treat International Agreements Concluded by EU Member States? When Are They Allowed, and When Are They Binding on the EU?

How the European Union (EU) treats the agreements concluded by its member states is more about whether and under what conditions these treaties are authorized. In some cases, not only authorized, some treaties acceded by members have binding effect on EU. However, considering EU's stand in these two cases and their correlation with general international law, one can see the double standard being applied by EU in any presumable conflict emerging between international obligations of members and those they have under European laws or treaties concluded by EU. The author tries to examine any such conflict from an international law point of view and how the Union's approach is at variance with international standards.

(A Study on Merchant Membership Obligations in the Korean Credit Card Industry)

Korean Abstract: 최근 정부와 업계는 합리적인 신용카드 수수료 체계를 확립하고 중소 신용카드 가맹점에 대한 수수료율을 낮추기 위한 노력을 계속하고 있다. 그럼에도 불구하고 향후 신용카드 시장환경과 정부의 규제 의지의 변화에 따라 수수료 분쟁 가능성이 여전히 남아 있다고 할 수 있다. 우리나라는 미국이나 유럽의 주요국들에 비해 신용카드 결제의 비중이 높은데 신용카드 사용 행태는 신용카드 수수료체계의 문제와 같은 맥락에서 분석될 필요가 있다. 본 연구는 양면시장 이론모형을 세워 신용카드 의무수납제 유무가 부가가치의 분배와 수수료율 수준, 그리고 신용카드 사용량에 미치는 영향을 분석하였으며, 의무수납제도가 신용카드 수수료체계를 왜곡하고 아울러 신용카드 사용규모를 과도하게 증가시킬 수 있음을 보이고 있다. 신용카드 의무수납제도가 소액결제의 편의성을 높이고 탈세 방지를 통한 세수 증대에 기여하는 등 긍정적 효과가 있었으나 수수료 결정과정에서 가맹점의 협상력을 제한하는 부작용을 초래한 것도 사실이다. 이러한 점을 감안하여 가맹점수수료 등 가격변수가 시장원리에 따라 자율적으로 결정될 수 있는 환경을 마련할 필요가 있는 것으로 보인다.English Abstract: Korean government and related industry are exerting all possible efforts for a reasonable credit card fee system. Recently, they proposed the new credit card fee standard that decreases the card fees of middle- and small-sized merchants. However, this fee system is vulnerable to changes in the policy intention of government and in turn, has the possibility of conflict (dispute) between credit card companies and merchants. Using the theory of two-sided markets, this paper explores the impact of the credit-card-receipt-obligation for merchants on a merchant fee structure as well as an amount of credit cards used. According to our model, the obligation for credit card receipts distorts the credit card fee system and as a result, can increase the amount of credit cards used extremely. Although the credit card obligation for merchants enhances the convenience in the payment system and plugs a tax loophole, it surely reduces the bargaining power of merchants in the fee settlement process. Therefore, the credit card obligation rule for merchants should be reconsidered based on the market principle.

Pengembangan Kapasitas dan Kelembagaan Kelompok Simpan Pinjam di Desa Sendangarum, Minggir, Sleman

<p><span><em>Padukuhan Singojayan savings groups and Mawar savings group and </em><span><em>loans Toglengan, village Sendangarum Minggir sub district, Sleman, has the </em><span><em>problem: 1). The weakness of the institution ala spects of group organization, yet </em><span><em>have a clear institutional rules, 2) Still Weak aspects of group administration, </em><span><em>administrative and financial management systems are still very simple, 3) Low skills </em><span><em>of administrators in the management of savings and loans, the ability of the </em><span><em>management of the organization low group 4). The low activity of productive </em><span><em>business (entrepreneurship) members. Metode approach used to over come the </em><span><em>problem of partner is counseling, training and mentoring. The training consists of </em><span><em>training the administrative and book keeping group, institutional management and </em><span><em>Cooperative Training, Computer Training & Practice (Ms.Word & Ms Excel), </em><span><em>entrepreneurship training and counselling on procedures for the preparation of </em><span><em>Planning and Budgeting. Participants of the training consists of aboard of each </em><span><em>pathners group. Activity targets are to be achieve done achactivity are as follows: </em><span><em>1) Extension of the procedure for the preparation of Planning and Budgeting; to </em><span><em>improve the knowledge and ability to prepare a document for Planning and </em><span><em>Budgeting group. 2). Administration and book keeping training group; to improve </em><span><em>the knowledge and skills of participants in the financial administration and book </em><span><em>keeping savings group savings and loan accounting. 3). Institutional and </em><span><em>cooperative management training; that the boardhad knowledge of the institutional </em><span><em>and cooperative management. 4) training and practice computer; to improve the </em><span><em>knowledge and skills to use computers to support the administration of savings </em><span><em>groups. 5) entrepreneurship training; to improve the understanding of entrepreneur </em><span><em>shipand increased interest, the spirit of entrepreneurship, as well as an increase in </em><span><em>entrepreneurial activities of the participants. While the targets to begenerated from </em><span><em>the mentoring activities are: 1) Savings Group are orderly administration includes </em><span><em>administrative requirements of the organization and administration book keeping.2) </em><span><em>Enterpreneurship spirit and motivations 3). Improving the skills of administrators in </em><span><em>operating a computer for administrative support groups. 4). Establishment of a </em><span><em>complete annual financial statements (Balance Sheet report, Net Income Reports, </em><span><em>Cash Flow Statement) as part of the management performance report submitted in </em><span><em>the annual RAT5). Completion of the Planning and Budgeting, SOP savings and </em><span><em>loans, the rights and obligations of members, management job description. This result </em></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span><em>already achieved in this activity is implemented entrepreneurship training, </em><em>administration, and computer groups to improve understanding and skills committee. </em><em>To each group was given the help of computer/notebook for each administrative </em><em>group support. To follow up the training next plan is for mentoring activities to each </em><em>groups.</em></p>

Non-Governmental Bodies in the TBT Agreement

The TBT Agreement essentially prohibits Members from using technical barriers to ‘create unnecessary obstacles to international trade’ and to discriminate between products of different national origins, while acknowledging the rights of the Members to determine adequate levels of protection of life, health, and environment. As such, the TBT Agreement seeks to balance a Member’s right to prepare and assess technical regulations, standards and conformity assessment procedures (hereinafter, technical barriers) with market access. The TBT Agreement also tries to ensure the harmonised use of technical barriers by requiring Members to adhere to relevant international standards. A more slippery issue under the TBT Agreement, however, is the disciplining of noncompliance with the provisions of the TBT Agreement by non-central government bodies, especially non-governmental bodies (NGBs). Only countries or custom unions can be Members of the WTO. The WTO Agreements, including the TBT Agreement, can only define the obligations of Members and cannot directly enforce obligations of non-state entities such as NGBs(See generally, Mavroidis and Zdouc 1998). Nevertheless the TBT Agreement makes unprecedented reference to NGBs and rules relating to their standardisation activities. Perhaps, no other WTO Agreement has such detailed and extensive provisions dealing with NGBs as has the TBT Agreement. Therefore, the legal status and the role of NGBs in the TBT Agreement have become central to understanding the nature of and the obligations provided in the TBT Agreement.

Croatia: The 28th Member State of the European Union

In an enlarged European Union of 27 Member States, convinced that the successive enlargements have been a success both for the European Union and the Member States which acceded to it, thus contributing to stability, development and prosperity throughout Europe, the leaders of Member States considered that this process must continue, ensuring the success of future enlargement of the Union, for a better response to the many challenges they face. Croatia completed its egotiations on the European Union membership in June 2011 and the European Council has designated 1 July 2013 as the date of Croatia's accession to the European Union, provided that all the procedures required for full membership are completed by that date. Therefore, this study aims to analyze the progress made by Croatia in its preparations for accession to the European Union and if this country continues to meet the Copenhagen criteria and has the ability to take on the obligations of membership.

Creating a Culture of Accountability Through Obligations of Membership

It has been said that if you don't know where you're going, any road will get you there. A clearly articulated vision of a professional nursing organization has guided our developmental journey for over 20 years, ensuring that we knew, not only where we were going, but also the specific strategies that would get us there. An overarching statement captured our intent: Professional nurses practice within a highly developed, well-coordinated nursing organization that consistently achieves and sustains top-tier outcomes and is well prepared to support the priorities of the organization and the system, while advancing and contributing to the profession.

Professional accounting education programmes in South Africa and India

Purpose – The purpose of this paper is to provide a contextual analysis of the professional accounting education programmes in South Africa and India by benchmarking both programmes to the International Education Standards (IESs) of the International Federation of Accountants (IFAC). Design/methodology/approach – The research methodology is a qualitative archival approach extracting information from secondary data (Statements of Membership Obligations’ compliance questionnaires available on the IFAC web site and information from the web sites of the relevant professional accountancy bodies). Findings – With regards to the IESs, the study found that both countries comply with the standards, although important differences occur. In South Africa, most of the education takes place during the university phase; and while both countries cover the content requirements, India covers the acquisition of professional skills more formally; ethics is taught and examined in both countries; both countries require a three year training contract; both countries have a final examination but the content of the examinations are different; and South Africa requires more continuous professional development than India. These findings, when related to India's and South Africa's relative positions on certain of the Global Competitiveness Indices may indicate that India could learn from the South African accountancy education model in order to strengthen the Indian position with regards to auditing and reporting standards. Research limitations/implications – A limitation of the study is that it did not investigate the quality of the relative education programmes and it benchmarks both programmes at a single point in time. Practical implications – India could strengthen its accounting profession by implementing some of the South African aspects of its education model. South African could consider adopting the flexibility in the entry requirements in the Indian education model in order to increase the number of accountants in South Africa. These findings may also be useful to other developing countries to identify practices which could be adopted if suitable in their respective countries. Originality/value – The study is original as accountancy education programmes in India and South Africa have not been contrasted before. In view of their similar colonial background and the fact that both countries are major economic and political forces in their respective regions, the value of this study is that it provides useful and relevant information to India, South Africa and other countries with similar economic and social backgrounds.

The emergence of the ‘ethnic donor’: the cultural production and relocation of organ donation in the UK

Organ donation is constructed in the UK as a public responsibility, but more particularly as an obligation for members of minority ethnic communities. This paper draws attention to the ways in which ‘ethnicity’ has been made problematic by the allocation practices of transplant medicine, health promotion discourses and policy developments. Taken together, they have served to culturalise and racialise the procurement of organs. As the problem of organ donation is as much made inside medicine as outside it, this paper argues greater attention ought to be paid to these institutional practices and processes. Drawing on ethnographic work in the north of England, and with a specific focus on the organ consent encounter, this paper shows how categories of ethnicity in organ transplantation are an outcome of biopolitical and institutional practices. It argues that organ donation is best thought of, less as a discrete temporally-bounded act of decision-making, and more as a set of variegated situated practices that, in all manner of ways, problematically produce the publics that transplant medicine has come to rely upon so profoundly.

Western Balkans' European Perspective and EU's Absorption Capacity

The paper examines relationship between the EU’ s absorption capacity and the time and size of of future enlargements. First we discuss the EU’ s absorption capacity. Next, three scenarios of future enlargements are considered. The first is scenario for fast inclusion of Croatia into the EU, under extension of the Nice Treaty voting or application of the Constitutional Treaty rules. The second scenario deals with accession of Western Balkans countries into the EU. The third scenario deals with inclusion of Turkey and Western Balkans countries in the EU. For each scenario allocation of votes in the Council is considered. Implications of identified solutions on the decision making efficiency and on the distribution of power among present and perspective EU members is examined. The analysis shows that main institutional arrangements are likely to depend on size and time of the next enlargement(s). Absorption capacity heavily depends on institutional design. Consequently, the institutional setting should be developed in parallel with candidates’ capacity to take on the obligations of membership, and adapted according to the size of new entrants.

The Obligation of Members of Congress to Consider Constitutionality While Deliberating and Voting: The Deficiencies of House Rule XII and a Proposed Rule for the United States Senate

Most scholarly attention on constitutional interpretation is focused on the judicial branch and its role in our system of separation of powers. Nonetheless, constitutional interpretation should not take place solely in the courts. Rather, history suggests our Framers envisioned that members of Congress, as well as the President and the courts, would have an independent and important role to play in interpreting our Constitution. Yet this obligation has eroded such that House Speaker John Boehner, with the support of the Tea Party and his Republican colleagues, called for a “sea change” in the way the House of Representatives operates, with “a closer adherence to the U.S. Constitution.” To that end, Speaker Boehner amended House Rule XII to require members of Congress who introduce bills or joint resolutions to provide a Constitutional Authority Statement (“CAS”) outlining Congress’s authority to adopt the bill or joint resolution. This Essay identifies, explains, and critically explores four key deficiencies in the House Rule in light of the history of constitutional interpretation in Congress, the incentives of members of Congress, and the realities of the legislative process. While the House Rule represents an important step in improving the quality of constitutional deliberation in Congress, it is unnecessarily bureaucratic, underinclusive, and fails to capture the importance of constitutional interpretation for all members of Congress, not just the introducers of legislation. The Rule also reflects a severely limited notion of what constitutional issues need to be considered in voting on legislation by completely ignoring constitutional infirmities involving individual rights, civil liberties, and any other potential constitutional issue aside from Congress’s authority. To address these concerns, this Essay proposes an improved rule for adoption in the Senate. The proposed rule requires a CAS for all legislation — not just bills or joint resolutions — but only when that legislation will actually receive a vote. Furthermore, the proposed rule makes it clear that all members of Congress — not just the introducer — have an individual obligation to consider the constitutionality of legislation on which they vote. Finally, the proposed Senate rule requires a CAS to include not just information about Congress’s Article I authority but also to address other possible countervailing constitutional issues, like individual liberties.

Writing Africa into the World and Writing the World from Africa:

Writing Africa into the World and Writing the World from Africa:

Air Transport Association of America and Others v Secretary of State for Energy and Climate Change and the Accountability of International Organisations for Member Obligations

After the European Union (EU) enacted the Aviation Directive of 2008 applying the EU-ETS) to the greenhouse gas emissions from airplanes on routes landing or taking off in the EU, a world-wide diplomatic backlash threatened retaliation at the World Trade Organization (WTO) or the International Civil Aviation Organization (ICAO). In the Court of Justice of the European Union (CJEU), a coalition of airlines lost a challenge which asserted that the directive was in essence imposed as a tax, in contravention of customary international law and multiple international treaties related to air transport. In upholding the directive, the court refused to recognise the validity of the Chicago Convention on international air transport signed by all the member states, raising questions of accountability under international law.

The Constitutional Location of Europe

From the perspective of domestic Irish law, the body of EU law enters the national legal order by passing through the narrow but gradually widening door found in Article 29.4 of the Irish Constitution. Article 29.4.3°, inserted in the Constitution in 1972, authorized Irish accession to the three then-extant Communities. It also provided a shield of immunity preventing the constitutional invalidation of any laws, acts or measures by Ireland which were ‘necessitated’ by the obligations of membership and preventing laws, acts or measures by the Communities, or their institutions from being deprived of legal force within the State. The new subsection was of immense significance. The combined effect of this constitutional amendment and the adoption of European Communities Act 1972 was described by one contemporary commentator as being as if the people of Ireland had adopted European law as a second but transcendent Constitution Just under four decades later and the ‘European clauses’ in the Irish Constitution have now been expanded to over eight separate subsections (now numbered Article 29.4. 3° to Article 29.4.10°). Significant relevant case-law has also been generated by the Courts. This article reflects on some of the most important issues concerning these ‘European clauses’ in the Irish Constitution.

Membership, Associate Membership and Pre-accession Arrangements of CERN, ESO, ESA, and EUMETSAT

Although there is abundant literature on membership of international organizations such as the United Nations, the European Union or the WTO, membership issues concerning European scientific organizations are rarely looked upon. This can be explained by the focus of the legal community on political and economic organizations. The introduction of the article clarifies why separate European scientific organizations were needed and how the scientific community created European cooperation on a sectoral basis, sometimes aided by US scientists. The scientific organizations maintained themselves as independent organizations notwithstanding the absorptive capacity demonstrated by the dynamics of the European Union. The article argues that the four European scientific organizations developed a similar but not identical legal practice regarding admission of new member states and membership obligations. CERN and ESA are the two conceptual models for the development of legal solutions to membership questions which contributes to the formation of a similar law pattern of European scientific organizations. Treaty amendment has been avoided and legal practice is developed by the plenary organ, the Council. Legal similarities offer the advantage to states, as members of the four scientific organizations, to understand better the particular nature of scientific organizations and their operations. The article pays attention to recent expansion of membership as a complex issue which reinforced the adoption of similar legal solutions and the introduction of a pre-accession policy with increased membership conditionality.