States Parties Research Articles

Minor Architectures of the Plantationocene: A Colonial Family Romance

This article unfolds environmental stories of a plantation house and grounds on the Seychelles archipelago by reclaiming the importance of the minor architectures that support and resist its imperial hold. The Seychelles, first colonised by the French, then ceded to the British, claimed independence in 1976, before a coup d’état brought about a single party state that maintained power for fifteen years. Using feminist autotheory and field philosophy as its primary methodologies, the article draws on oral history interviews with Seychellois cultural workers, family archives, and spatial memories passed down through the generations of a former plantation owning family. Thinking with the scholarship of decolonial feminist scholar and activist Françoise Vérges, a colonial family romance is satirically told of the blind spots and lacunae articulating spatial memories of colonial architectures. How can alternative spatial and environmental narratives be foregrounded that seek emancipation and resist power when it becomes most oppressive?

The Political Impact of King Abdullah II's Second Discussion Paper on the Development of Jordan's Democratic System: An Analytical Study of Political Parties (2013-2024)

Objectives: This study aimed to explore the political impact of His Majesty King Abdullah II's Second Discussion Paper on the development of the democratic system in Jordan, with a focus on the state of political parties during the period from 2013 to 2024. The Second Discussion Paper served as the primary concept (independent variable), and its influence on the evolution of political parties (dependent variable) within Jordan's democratic system was critically examined. The study was divided into two sections: the first addressed key concepts and the trajectory of democratic development in Jordan, while the second analyzed the impact of the Second Discussion Paper on political parties and their role in Jordanian political life. Methodology: A political analysis approach was employed to understand and interpret the influence of the Second Discussion Paper on political parties in Jordan, framed within the context of democratic theory. The analysis focused on the direct effects of the Discussion Paper on Jordan's political system, specifically examining the evolving role of political parties. Findings: The study found that the Second Discussion Paper significantly strengthened the role of political parties in Jordan by fostering national dialogue and supporting political pluralism. The Paper contributed to increased political participation by parties, enhanced their influence within the democratic process, and encouraged the development and reshaping of party roles within Jordan's political system. Conclusion: The study concluded that there is a strong correlation between the Second Discussion Paper and the development of Jordan's democratic system. The Paper contributed to empowering political parties, increasing their impact on political life, and reflecting the political leadership's commitment to ongoing democratic reforms.

Ethnopolitical Trends of Party Building in Kazakhstan and China

The role of political parties in multi-ethnic states is quite complex, as they should be focused not only on political governance at the level of the state as a whole, but also on promoting national unity in interethnic relations, forming tolerant cooperation and interaction between different ethnic groups. Aim. This article aims to take the operation and development of political parties in multi-ethnic countries such as Kazakhstan and China as examples to study the role of political parties and to study cases from the practice of their activities in maintaining national stability, promoting social harmony, and protecting the interests of small ethnic groups.Tasks. One of the tasks of political parties in multi-ethnic states is to integrate different social interests and ensure that all ethnic groups have a voice and are represented in the decision-making process at the national level.Methods. Comparative analysis is used to compare models of multi-ethnic governance in different countries or regions, and to analyze the role and effectiveness of different political parties in these models. This will help to understand the strengths and weaknesses of different governance models and identify best practices. It also analyzes the reasons for the successes and failures of different countries and political parties by analyzing their historical practices of multi-ethnic governance. This will help to understand how political parties have responded to ethnic conflicts and governance challenges throughout history.Results. The research paper pointed out that the policies developed and implemented by political parties in multicultural countries in support of the cultures of different ethnic groups, the protection and promotion of the languages, religions, traditions and cultural identities of different ethnic groups, comply with the UN standards and principles on these issues. However, as shown by the political and SWOT analysis of the statutory and program documents of the political parties in the countries studied, there are problems.Conclusion. Certainly, political parties are making efforts to ensure equal opportunities and access for all ethnic groups to the economy, education, employment and so on, in order to promote the creation of a fair and inclusive society, while ensuring the civil rights of minority ethnic groups, or as it is called in international legal literature “national minorities”.

The ties that bind think tanks and parties in EU member states

Think tanks linked to political parties, known as political party think tanks (PPTTs), exist in various EU member states and play particular roles in their respective political systems. This article provides the first comprehensive overview of these PPTTs, focusing on their party affiliation. Based on data collected from PPTT websites and exploratory contacts with PPTTs, we categorise the EU member states into two groups: those with PPTTs in sensu stricto, that is, where the PPTTs have recognised party affiliations, and those where the PPTTs have hidden party-political affiliations. Understanding PPTTs is essential for comprehending their roles at both the national and the EU level.

Qualitative comparative analysis of policies implemented by 26 European countries during the 2020 great lockdown.

During the first wave of the COVID-19 pandemic in Europe, from March 1 to April 15, 2020, significant variations emerged among countries regarding the implementation of lockdown policies. During this period, viewed strictly from an epidemiological perspective, lockdown measures are considered the most effective means of containing a pandemic. However, the adoption of such measures varied, raising questions about whether the reluctance or failure of countries to implement lockdown policies reflected a disregard for epidemiological knowledge or stemmed from an inability to enforce these measures. This article employs Qualitative Comparative Analysis (QCA) with 26 European countries as case studies to investigate under what combination of conditions a country would implement lockdown policies. The QCA results identify three distinct combinations of conditions that lead countries to implement lockdown measures. First, countries with relatively concentrated political power are more likely to implement lockdown policies. Among the 10 countries governed by a majority party or majority coalition within a two-party or moderate multi-party system, seven implemented lockdown policies. Second, in cases of relatively dispersed political power, countries facing state fragility risks are more likely to implement lockdown policies. Among the eight countries that meet both conditions, five implemented lockdown policies. Finally, factors such as political heritage, severity of the pandemic, demographic composition, healthcare access, quality standards, and the ruling party's ideology play a lesser role in the decision to enact lockdown measures. This article offers a novel perspective on the dynamics of party politics and state capacity in the context of decision-making during the COVID-19 pandemic. It contributes to a deeper understanding of the intricate relationship between political systems and public health crisis management, highlighting how various political and governance factors influence the adoption of public health interventions during crises.

The organization of provincial control bodies in 1920-1922: based on the materials of the Kursk region

Relevance. In modern conditions, the main directions of reforming control (supervisory) activities are to increase its efficiency and effectiveness, reduce the administrative burden on enterprises and entrepreneurs. The improvement of control (supervisory) activities remains relevant in the context of increased external sanctions pressure. At the same time, the history of the control system, which extended to all types and forms of public administration and economic activity, remains poorly understood in terms of existing regional experience. The study of the formation of control bodies in the Soviet state is of particular practical interest, since it allows accumulating achievements and mistakes of the past, thereby setting benchmarks in the present.Purpose. The study of the experience of organizing socialist control bodies in 1920-1922 on the example of the Kursk provincial branch of the Workers' and Peasants' Inspection.The objectives of the article follow from the set goal and consist in investigating the conditions and methods of work of the Kursk provincial department of the Workers' and Peasants' Inspection during the designated period.Methodology. During the research of the designated topic, the author used both general scientific methods of cognition, such as analysis, synthesis, induction, deduction, and special historical methods: problem-chronological, comparative historical.Results. The study of the working conditions of the Kursk provincial department of the Workers' and Peasants' Inspection in the designated period allowed, in historical retrospect, to determine the specifics of the methods used by it, as well as to establish the reasons for the subsequent reforms.Conclusion. The basis for the unification of party and Soviet state control was the analysis of the provincial experience of the RKI in 1920-1922. A significant obstacle to the broader development of both organizational and auditing activities of the Kursk Provincial Branch of the Russian Academy of Sciences in the period under study was the insufficient number and low level of their training.

Same-sex marriage in Japan and the role of courts in a dominant party system

Japan is increasingly isolated among advanced economies in not having made provision for same-sex marriage or same-sex civil unions at the national level. The main political obstacle to legal recognition of same-sex couples is the Liberal Democratic Party (LDP), Japan’s dominant party, which has ruled the country with only two interruptions since 1955; many other parties support legalizing same-sex marriage, while the LDP does not. The literature suggests that the LDP secured its dominant position due to opposition fragmentation and ineffectiveness, and its own clientelist practices. Against this backdrop, cases are progressing through the Japanese judicial system seeking a finding that same-sex marriage is required under the 1947 Constitution. At the time of writing, the results of these cases have been mixed, with one case finding the current marriage law unconstitutional and two finding it constitutional. This article contends that Japanese courts should find in favour of these claims and hold that same-sex marriage is constitutionally required. That is so not merely because it is the better position under existing legal doctrine relating to equality and non-discrimination under Article 14(1) of the Constitution, but also because the dominant party status of the LDP means that there is less reason in constitutional theory for courts to show deference to the legislature. In a dominant party system, there is less reason to expect that the government will pay sufficient heed to rights, while ‘counter-majoritarian’ difficulties with judicial review are less credible given the more ambiguous nature of the democratic mandate of the legislature. This undercuts a significant justification given for judicial deference.

ADMINISTRATIVE-LEGAL STATUS OF POLITICAL PARTIES IN THE REPUBLIC OF KAZAKHSTAN: STATE AND ISSUES

Abstract. This article explores theoretical and practical aspects of administrative-legal regulation of the status of political parties in the Republic of Kazakhstan in the contemporary era. It notes that the norms of the Constitution, which establish general principles of relations between the state and societal institutions and citizens' right to freedom of association, participation in political life, and governance, serve as a guideline for regulating the status of political parties in the current legislation of the country. Based on a critical analysis of the Law of the Republic of Kazakhstan "On Political Parties" and other laws regulating the activities of parties and their relationships with state bodies, as well as the practice of their implementation, inconsistencies of certain provisions are identified in terms of compliance with the Constitution and norms of international law, along with other shortcomings. The authors examine the experience of legal regulation of the functioning of political parties in developed democratic states and through a comparative analysis with Kazakhstan's legislation, identify its main positive aspects. The article formulates recommendations for improving the national Law of the Republic "On Political Parties." Suggestions include increasing funding for parties that have not received parliamentary mandates in Majilis Parliament elections and maslikhats, transitioning from a permission-based system of state party registration to a notification-based system, and others.The main conclusion of the study is the necessity for a fundamental liberalization of administrative-legal regulation of the formation, functioning, and activities of political parties to shape a democratic, pluralistic, competitive political system, ensuring constitutional freedom of citizens' associations, including political parties.

INSTITUTE OF ENSURING THE RIGHTS AND INTERESTS OF THE INDIVIDUAL IN THE FIELD OF CRIMINAL PROCEEDINGS (MONITORING THE LEGISLATION OF THE CIS COUNTRIES)Kairat Eslyamkalievich Ismagulov

The authors examined the issues of ensuring the rights and interests of individuals in the field of criminal proceedings both in the Republic of Kazakhstan and in other countries of the Commonwealth of Independent States (hereinafter referred to as the CIS). The protection of fundamental human rights and freedoms is a universal principle, since these values are subject to priority protection in all spheres of public and state life. Man, his rights and freedoms occupy a central place and dominate over all other humanitarian values. The protection of human rights and freedoms acquires particular socio-political importance in the field of criminal proceedings, that is, where law enforcement agencies have the capabilities of state coercion, allowing them to invade the sphere of personal interests and significantly limit them. The legal policy of the Republic of Kazakhstan has already solved a number of important tasks to improve criminal procedural legislation. Since 2015, a new Code of Criminal Procedure (hereinafter referred to as the Code of Criminal Procedure) has been in force, which has introduced many innovations to simplify, speed up, reduce investigative and judicial procedures, streamline and differentiate the procedural powers of persons conducting criminal proceedings, strengthen the status of the defense party, as well as ensure the rights and legitimate interests of all persons participating in criminal proceedings. In addition, new legal institutions, proceedings and norms have been introduced that bring the criminal process closer to successfully tested models for the investigation of criminal offenses and the administration of justice. Along with this, most legislative decisions, when tested by law enforcement practice, showed their weak (insufficient) effectiveness, inconsistency with the established provisions of the theory of criminal procedure law, the absence in law enforcement practice and in the theory of criminal proceedings of unified conceptual approaches to the volume, form, mechanisms and the limits of implementation of the constitutional principle of competition in regulating various legal relations in the area under consideration.

History in party state system China, 1949~2023

History in party state system China, 1949~2023

Can private parties contract out of the Hague Service Convention?

Treaties are concluded by States but often impose rights and obligations directly upon private parties. Can private parties contract out of a treaty including States’ oppositions without explicit permissions granted by the treaty? The complexity between party autonomy and State sovereignty is reflected in recent cases and unsettled debates regarding the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters of November 15, 1965 (“HSC”). The HSC contains a large number of oppositions made by 65 Contracting States including China, Germany, India, and Singapore. Combining public and private international law, this paper aims to explore the correlative relationship between party autonomy and State sovereignty in applying the HSC.

Flexible Organizational Weapon of the Party: The New Presence of Women’s Federations in Women’s NGOs in China

ABSTRACT In the past decade, the Party-state has shifted from pragmatic strategies to Party integration approaches when dealing with the third sector. It has reintroduced its organizational mechanism—mass organizations—to manage this sector and enhance direct linkages with its social constituents. This article investigates how mass organizations strategically connect with and govern civil society through a series of Party integration approaches. Drawing on the cases of women’s federations (WFs) and women’s non-governmental organizations (NGOs), we propose a new typology of NGOs based on their relations with the Party: WF-affiliated, civic and independent NGOs. We then evaluate WFs’ Party integration strategies directed at each type of NGOs. First, NGOs directly affiliated with WFs/the Party play a unique political role. Second, to increase regime support, WFs develop patronage relations with civic women’s NGOs that are managed via the administrative system but unembedded in the Party system. Third, independent NGOs detached from both the Party and administrative organizations are flexibly marginalized. This article suggests that Party–state–society relations have been rewritten: civil society faces compound control from the administrative and Party systems, and the Party aims to build organizational hegemony.

Проблема розмежування трудового та цивільного договору в умовах гіг-економіки

The author draws attention to the fact that the development of digital technologies has expanded the horizon of opportunities for the subjects of legal relations in which a person exercises the right to work. The subjects of these legal relations, independently exercising their freedom of will and acting in their interests, enter either a civil or an employment contract. However, given that in such legal relations, a person exercising the right to work is usually in the legal status of a weak party, society has faced the problem of abuse by employers. Employers have started giving labor relations, in essence, civil law structures, depriving employees of fundamental social and labor rights and guarantees or severely limiting them. In this regard, science, legislation, and judicial practice faced the problem of finding new approaches to distinguishing between civil and employment contracts, as the concepts of an employment contract established in science no longer correspond to modern conditions. Thus, with the emergence of remote work and other non-traditional forms of labor, the features of a traditional employment contract, which allowed distinguishing it from a contractor agreement, ceased to perform the distinguishing function. The article aims to formulate a new approach to defining the distinguishing features of an employment contract and a civil contract in the digital economy. The author’s analysis of legislation, scientific literature, and case law has concluded that an employment contract in the digital economy has variable features. This means there is a need for legislative consolidation of variants of the features of an employment contract. If two or more of them are present, this will allow recognition of an agreement under which a person exercises the right to work as an employment contract. At the same time, the article draws attention to the fact that a decision in this category of cases should meet the following requirements: The focus when deciding on the legal nature of the contract concluded should be on establishing which contract the person exercising his/her right to work intended. The court should avoid formalism and base its decision on facts. The primary purpose of such a decision is to effectively protect the labor and social rights of a person exercising the right to work. Keywords: right to labour, labour relations, employment contract, employee, employer, employment, remote work, freedom of will of the parties to the employment contract, social function of labour law, guarantees, IT sector, contractual regulation, amendment of an employment contract.

“The Ties that Bind are those that Punish: Network Polarization and Federal Crime Policy Gridlock, 1979–2005”

Abstract Largely overlooked in research on criminal legal expansion is the rise of political polarization and its attendant consequences for crime policy. Drawing on theories of intergroup collaboration and policymaking research, I argue that network polarization—low frequencies of collaborative relations between lawmakers belonging to distinct political groups—negatively affects crime legislation passage by reducing information flows, increasing intergroup hostility, and creating opportunities for political attacks. To evaluate this perspective, I recreate dynamic legislative networks between 1979 and 2005 using data on 1,897,019 cosponsorship relationships between 1537 federal lawmakers and the outcomes of 5950 federal crime bills. Results illustrate that increases in partisan network segregation and the number of densely clustered subgroups both have negative effects on bill passage. These relationships are not moderated by majority party status and peak during the 1990s and early 2000s, a period when prison growth showed its first signs of slowing. These findings provide new insight to the relationship between polarization and policy and suggest that increases in network polarization may be partly responsible for declines in crime policy adoption observed in recent decades.

Electoral and Legal Status of Political Parties in the Russian Federation. Review of the Official Opponent on the Dissertation of J.A. Konovalchikov, Presented for the Degree of Ph.D. in Law

Electoral and Legal Status of Political Parties in the Russian Federation. Review of the Official Opponent on the Dissertation of J.A. Konovalchikov, Presented for the Degree of Ph.D. in Law

A Study of Quantum Game for Low-Carbon Transportation with Government Subsidies and Penalties

Traditional classical game theory struggles to effectively address the inefficiencies in subsidizing and penalizing the R&D and production of low-carbon transportation vehicles. To avoid the shortcomings of classic game theory, this research integrates quantum game theory with Nash games to explore the characteristics of automakers’ behavior for low-carbon transportation with government subsidies and penalties. We first constructed a low-carbon transportation game model between the government and automakers. Then, the optimal profit strategies for both parties in a quantum entangled state were analyzed. Finally, the impact of quantum superposition states and the initial entangled state on the profit strategies of both parties was simulated and analyzed using Monte Carlo simulations. We find that under the joint effects of government subsidies and penalties, quantum game states and the initial quantum entangled state have a crucial influence on the game’s outcomes. They can encourage the realization of Nash equilibrium and perfect coordination in the quantum game, significantly increasing the profits for both parties. This in turn effectively stimulates automakers to research and produce low-carbon transportation solutions, promoting the rapid development of low-carbon transportation technology. In theory, this research can enrich the Quantum game for improvements in the Nash equilibrium solution for the government to subsidize and penalize the low-carbon transportation problem. Meanwhile, in practice, it can provide guidance and reference in optimal strategy selection conditions for government policymakers and automakers for low-carbon transportation.

Political Campaigns and Social Media: The Lok Sabha Elections 2019

Abstract: In the 2019 Indian Lok Sabha elections, political campaigns underwent a major transformation due to the widespread use of social media. This research examines the relationship between social media and political campaigns in the 2019 elections, emphasising important trends, challenges, and consequences. Over 900 million eligible voters participated in the 2019 elections, making it the largest democratic election in the world. Political parties and candidates realised the potential of social media platforms like Facebook, Twitter, Instagram, and WhatsApp to reach voters, influence public opinion, and garner support. The political parties across India, irrespective of national, state or local status, leveraged the social media platforms to their benefit and reaped the most out of their presence on social media. Major differences reflected through the use of social media to campaign and bolster respective parties' election agenda, spreading their words of promise of welfare for the citizens while trying to reach the farthest corner of the country. The larger use of the same could be seen in case of national parties like that of Bhartiya Janata Party (BJP) and Indian National Congress (INC), while they leveraged the use of social media to strengthen their presence amongst the voters, the smaller parties like the state parties and local parties used the social media but to limited extent as, in most of the cases the presence of the larger parties could be felt more. By using targeted advertising, data analysis, and engaging content, the political parties’ social media campaigns could effectively spread their message and connect with larger audiences. With impactful visuals, memorable slogans, and interactive content, the parties successfully promoted their message of welfare of the citizens, nationalism, growth, and cultural heritage, finding support among the voter base throughout India. The political parties in India, including national parties like Indian National Congress, Trinamool Congress faced challenges in competing with the ruling party's digital presence. Despite using social media for outreach, the opposition parties couldn't match the BJP's effective communication and failed to address issues like economic troubles, inequality, and unemployment. The 2019 election was also plagued by fake news, misinformation, and divisive content on social media, which threatened the electoral process. The unchecked spread of misinformation and sensationalist content on social media has intensified societal divisions, eroded trust, and lowered the calibre of public debate. This raises concerns about the detrimental effects of social media on democratic principles and institutions. The 2019 Lok Sabha elections highlight the urgent need for increased transparency, responsibility, and regulation in political campaigns on social media. Combating misinformation, protecting the fairness of elections, and promoting digital understanding are crucial for safeguarding the integrity of democratic processes and fostering informed voter participation.

Terrorism Financing Typologies: Comparison of PKK and ISIL in Turkey

This comparative case study investigated the financing typologies of Kurdistan Workers Party (PKK) and Islamic State of Iraq and the Levant (ISIL) in Turkey. PKK is a Marxist- Leninist organization that pursues ethnic separationist policies in Turkey, Iran, Iraq, and Syria. ISIL is a radical Wahhabi network that aspires to re-establish the Caliphate and restore the “glory” of Sharia by defeating the “near” and “far” enemies. These networks are chosen for this case study as they operate in close proximity along Turkish, Iraqi and Syrian borders. In addition to primary and secondary interviews, the research has been based on content analysis of unclassified documents and media coverage on counter PKK/ISIL investigations. This study indicated that both organizations have been highly skillful in exploiting the regional licit and illicit enterprises. Financing methods of PKK and ISIL were similar in complex regional underground economic infrastructure. However, PKK has been able to develop much more sophisticated financial infrastructure than ISIL due to a longer life span and existence of specialized cadres in the Middle East and Europe. Ideology had a significant impact on differences in state sponsorship and exploitation of non-profit organizations. Both the Marxists and radical İslamists encouraged illicit trade schemes not only to generate funds but also to avoid taxation by the “hostile” regimes. ISIL has failed to develop advanced financing infrastructure mainly due to a shorter life span, loss of territorial control and the UN-US sponsored international sanctions.

Embedding the Party in State and Society: From Integrated to Embedded Domination During China’s COVID-19 Crisis

ABSTRACT As COVID-19 unfolded, China’s response seemed to signal an expansion of the state’s presence and control of society. Examination of the COVID-19 crisis provides a lens for exploring the strategies of domination that has unfolded in the Xi Jinping era, and offers insight into how party, state and society relations might play out during a crisis. This article draws on data obtained from interviews conducted in Beijing and Shanghai, a survey of over 300 residents’ views on resident committees during the Shanghai lockdown and analysis of state media and policy documents. It argues that the COVID-19 crisis exemplified the ‘embedding’ of party networks at the grassroots as the Chinese Communist Party (CCP) shifted from direct to indirect control over society. The strategy of ‘embedded’ domination involved the deployment of ad hoc party branches, “sinking down” of party cadres to communities as a campaign style of governance and leveraging residents’ committees as visible units of control in the ‘people’s war’ against the pandemic. By shifting from ‘integrated’ to ‘embedded’ domination during the crisis, the CCP mobilised civil society for Party building and state security, boosting its authority, influence and control over both state and society.

Violation of the Balance of Interests of the Parties as an Objective Necessity of the Procedure for Declaring Bankruptcy

Introduction: currently, the idea of the need to achieve and maintain the balance of interests of the parties within the bankruptcy procedure is actively postulated in judicial practice. However, the author questions the correctness of the approach chosen by law enforcement officers, especially given the lack of the regulatory prerequisites for this. The analysis of the special law makes it possible to identify multiple cases of inequality of the parties to the relevant legal relations, with an unconditional justification of the political and legal reasons for the existence of such differentiated approaches. However, from the perspective of creditors and other interested parties, such regulation is only a manifestation of inequality, which is objectively inevitable, taking into account the specifics of the analyzed institution. Methods: the study was conducted using logical, dialectical techniques and methods of scientific cognition, as well as the legal and legal-grammatical analysis of the texts of normative acts and materials of law enforcement practice. As a result of the study, the position on the objective impossibility of the existence of the balance of interests of the parties to the procedure for declaring bankruptcy, taking into account the plurality of persons involved in the procedure, the scale of the conflict existing between the parties and being the basis of the bankruptcy procedure, as well as other circumstances that determine the need to differentiate the status of the involved persons, is substantiated. As examples of such inequality, the author describes different subjects – the categories of debtors (the bankruptcy of citizens, credit organizations, etc.); the categories of creditors (registered and current, separate queues within the register of claims, the special status of the authorized body, etc.), as well as other provisions of the law that strengthen the “gap” in the legal status of different parties. Based on the results of the conducted research, the author proposes to confirm the idea of the impossibility of achieving the balance of interests of the parties within the bankruptcy procedure and to establish the most important categories of obligations (or parties) that must be satisfied primarily within the procedure for declaring bankruptcy.