Permanent Institution Research Articles

The International Court of Justice

In this scientific paper my main focus of research is based on the composition, structure and main function of judges of the International Court of Justice according to countries and geographical regions where they come from, as according to Article 9 members of the court represent the main forms of civilization and the main system legal of the world. This means customary law, civil law and socialist law (now post-communist law). hen the task and function of international judges of law is to resolve disputes between states in accordance with international law and to give advisory opinions on international legal matters. The ICJ is the only international court that adjudicates general disputes between countries, with its decisions and opinions serving as primary sources of international law. Then, we have the creation of the first permanent institution created for the purpose of resolving international disputes was the Permanent Court of Arbitration (PCA), which included all the major world powers as well as some smaller states, and resulted in the first multilateral treaties dealing with the conduct of war. Among them was the Convention for the Settlement of International Disputes in the Pacific, which defined the institutional and procedural framework for arbitration proceedings to be conducted in The Hague, the Netherlands. Although the proceedings would be supported by a permanent bureau - whose functions would be equivalent to that of a secretariat or court register - arbitrators would be appointed by opposing states from a larger group provided by each member of the convention.

Research on Permanent Institution Rules in Cross-Border Digital Economy

Research on Permanent Institution Rules in Cross-Border Digital Economy

Sustainable Practices Applied to the Environmental Management of Archival Collection Storage Spaces at the Southwest Wing in the National Maritime Museum in London, UK

ABSTRACT The rigidly set bandwidths for temperature and relative humidity have been the subject of discussions among museum professionals to ensure the preservation of collections while reducing energy consumption and carbon emissions to achieve a sustainable practice for environmental management in collection spaces. In 2020 at Royal Museums Greenwich, a group including engineers and conservators from Estates and Collections Services departments worked together to find a strategy to reduce energy consumption while running the mechanical system in exhibition galleries and storage rooms. During this process, a methodology developed by the Image Permanence Institute published in 2017 was followed to verify if the collection spaces at the National Maritime Museum were suitable to test sustainable energy-saving strategies. The focus of this article is on presenting and discussing the results of the first year of seasonal tests conducted at the archives of the National Maritime Museum, Greenwich. After a thorough assessment, the strategy chosen for the archives was programed shutdown of the mechanical system. The outcome was that collections stored in this area were maintained in a stable environment without the need to run the HVAC system at night, which translates to less energy consumption and lower carbon emissions.

Feasibility Analysis of Museum Application in Teaching Chinese Culture as a Foreign Language

In recent years, the theoretical and practical achievements related to the emerging discipline of Chinese as a foreign language have been increasingly improved. The teaching of Chinese as a foreign language is not only the teaching of language, but also the teaching of culture. Its fundamental goal is to train students to use Chinese for communication. The macro purpose is to promote Chinese civilization. Learners' cognition of the background culture of the target language is conducive to improving the comprehensive language use ability and enhancing the sense of Chinese cultural identity. Therefore, cultural teaching has been paid more and more attention by researchers, and some explorations have been made in the methods, strategies and places of cultural teaching. As a non-profit permanent institution serving the society, the museum displays material and intangible heritage and provides a variety of experiences for education, appreciation, meditation and knowledge sharing. Shaanxi History Museum is known as "the pearl of the ancient city and the treasury of the Huaxia civilization". The cultural relics in the museum display the splendid ancient Chinese culture represented by the Zhou, Qin, Han and Tang dynasties, covering political, economic, cultural, spiritual and other fields. As a cultural and educational institution, it provides innovative resources for revealing and presenting cultural elements. This article will start from the intersection of cultural teaching and museum functions, list the auxiliary role of museum resources in cultural teaching, demonstrate the feasibility of using museums to carry out cultural teaching, and expand the way of teaching Chinese culture as a foreign language.

Degradation of Authority and Institution of The Honorary Council Election

This article discusses the position of the DKPP after the Constitutional Court Decision Number 32/PUU-XIX/2021 and the power of its decision. As is known, after the Constitutional Court Decision Number 32/PUU-XIX/2021, the DKPP Decision, which was originally final and binding, became unconstitutional if it was not interpreted as only binding on the President, KPU, Provincial KPU, Regency/City KPU and Bawaslu. The research method used is a legal research method using statutory approach, historical approach, and conceptual approach to be able to find new formulation of DKPP structuring design after Constitutional Court Decision Number 32/PUU-XIX/2021. The results of this study found that the weakening of the authority of the DKPP through the decision of the Constitutional Court Number 32 / PUU-XIX / 2021, should also be followed by the weakening of the DKPP institution, because after the final and binding character is weakened by the Constitutional Court, the DKPP no longer has the urgency to be used as a permanent institution. The Constitutional Court should affirm the institutional status of the DKPP as part of the institution exercising judicial power, so that the DKPP has a more definite status and its decisions remain final and binding.

The Future We Want?

The United Nations (UN) Security Council (UNSC) is endowed with the primary responsibility for the maintenance of international peace and security under Art. 24 (1) of the Charter of the United Nations (UNC). The establishment of the ad hoc criminal tribunals for Yugoslavia and Rwanda in the 1990s under Chapter VII of the unc has shown that individual criminal accountability for international core crimes belongs to the instruments to address threats to or breaches of peace (Art. 39 of the UNC). With the International Criminal Court (ICC) a permanent institution has been established to sanction the commission of international core crimes. Acting under Chapter VII, the unsc is entitled to refer a situation to the ICC according to Art. 13 (b) of the Rome Statute of the International Criminal Court (Rome Statute), as well as to defer proceedings (Art. 16 of the Rome Statute). By using their veto power each of the five permanent members of the unsc might block both types of resolutions. While a veto against an ICC referral resolution might hinder the Court from fulfilling its mandate (destructive veto), blocking a deferral resolution might enable the Court to continue its fight against impunity (constructive veto). This article discusses whether obligations stemming from the unc and other sources of public international law, in particular human rights, might impact the decisions of the unsc and the veto exercise in particular in both cases. It intends to contribute to the ongoing discussion by several reflections on the veto powers, and concludes that, even though the veto powers might be influenced by these legal sources, it will be difficult to guide the conduct of the five unsc Permanent Members (P5) with regard to the ICC.

Application of Mediation Mechanism in International Investment Dispute Settlement

Transnational trade not only brings economic development but also produces many international investment disputes. As a result, many dispute settlement methods have emerged. The international investment dispute settlement Institution has gradually developed into a permanent institution for dispute settlement, with arbitration as the main means. However, the arbitration process has exposed many drawbacks since its development for a long time. Although mediation was relatively mature in other countries, its value was not appreciated until the end of the 20th century. As more and more international voices have pointed out the disadvantages of international investment arbitration, which not only increases economic losses but also takes a long time, the International Center for Settlement of Investment (hereinafter referred to as ICSID) is also making continuous reforms and adopted a new amendment on July 1, 2022, emphasizing the method of mediation mechanism. The current mediation system in international investment has gradually moved from theory to practice, so it is necessary to conduct further research on the development and future construction of mediation mechanisms. Literature research and comparative research are used in this paper to analyze. Since mediation and ADR mechanism have been introduced into the dispute settlement mechanism, the analysis of the mediation system puts forward suggestions on the current development dilemma and future construction of the mediation mechanism.

WITHDRAW FORWARD, PLEASE! ON PARTICIPATION POLICY IN ICOM’S WORKS ON THE ‘PRAGUE MUSEUM DEFINITION’

ICOM’s decision to revise the museum definition valid as of 2007 was accounted for with the need to adjust the existing statutory phrasing to meet the challenges museums face in the 21st century. Having adjourned the vote on the new definition at the Extraordinary General Assembly in Kyoto in 2019, the organisation suffered a leadership crisis. In late 2020, in order to reform the management, a new methodology of working on the definition was introduced. Its foundation was to be sought in participatory policy, namely redistribution of authority. Interestingly, this approach was facilitated by the application of remote communication forced by the COVID-19 pandemic. In harmony with the adopted time schedule the extensive and multi-stage process was to climax with the vote on the adoption/ rejection of the new museum definition during the subsequent Extraordinary General Assembly in Prague on 24 August 2022. As a result of the participation in consultations of 126 out of the 178 eligible Committees, the ‘Prague museum definition’ was phrased as a compromise between the 2007 statutory definition valid until then and the ‘Kyoto definition’. On the essential issues, i.e., answering the question: ‘what is a museum?’, it actually retained the earlier regulation: a museum is a not-for-profit permanent institution. This yielded the question about the purposefulness of the works conducted in 2020–2022, based on the new participation paradigm, which the present paper attempts to answer.

On the Scope of Institutions for Future Generations: Defending an Expansive Global Constitutional Convention That Protects against Squandering Generations

AbstractWe are in the early stages of a new “intergenerational turn” in political philosophy. This turn is largely motivated by the threat of global climate change, which makes vivid a serious governance gap surrounding concern for future generations. Unfortunately, there is a lack of fit between most proposed remedies and the nature of the underlying problem. Most notably, many seem to believe that only piecemeal, issue-specific, and predominantly national institutions are needed to fill the intergenerational governance gap. By contrast, I argue that we should adopt a genuinely global approach that treats intergenerational questions as foundational, and advocates for new permanent institutions with ongoing responsibilities to act on intergenerational threats. In this essay, I summarize my diagnosis of the underlying problem—that we face a basic standing threat that I call the “tyranny of the contemporary”—and sketch my proposal for a global constitutional convention aiming at institutions with standing authority and a broad remit. I then develop some of these ideas further through responses to fellow advocates for reform who nevertheless consider my proposals to go too far. In particular, I reject a counterproposal made by Anja Karnein, who argues that reforms should address only threats whose negative impacts would cross a high threshold. I argue that this would leave future generations vulnerable to what I call “squandering generations”. Among other things, these intergenerational squanderers violate appropriate relationships between past, present, and future generations. Yet, in my view, a central task of defensible intergenerational institutions is to protect the future against such abuse.

On the Question of the Legality of Concluding an Arbitration Agreement with the Participation of Consumers

The paper is devoted to the analysis of the issue of arbitrability of disputes involving consumers, which does not find an unambiguous solution either in law or in judicial practice. The author examines the positions of the highest judicial instances, as well as courts of general jurisdiction and arbitration courts on this issue, which are contradictory in nature. Having conducted a systematic analysis of legislation, legal science and judicial practice, given the special legal situation of the consumer, the author concludes that it is possible to have an arbitration agreement between the consumer and a person engaged in entrepreneurial activity, subject to certain conditions, in particular, the presence of the free will of the consumer to consider the dispute in the arbitration court and the absence of infringement of his rights in arbitration proceedings in comparison with the consideration of the dispute in the state court. The question is raised about the need for the administration of this category of disputes by permanent arbitration institutions. According to the results of the scientific research, changes in the norms of the legislation of the Russian Federation regulating the relations under consideration are proposed. Thus, it is proposed to word paragraph 1 of Article 17 of the Law of the Russian Federation “On Consumer Rights Protection” as follows: “Consumer rights protection is carried out by a court or an arbitration court”. It is also proposed to supplement Article 17 of this Law with paragraph 4: “Disputes involving consumers can be submitted to an arbitration court if all guarantees provided by law for the arbitration party are met for the consumer, provided that the following conditions are met: 1) the dispute must be considered during the administration of a permanent arbitration institution; 2) the consumer must be exempt from paying the costs associated with resolving the dispute in arbitration; 3) the place of arbitration must be determined within the subject of the Russian Federation in which the consumer resides.”

Helenistik ve Roma İmparatorluk Dönemi Küçük Asya’sında Kırsalı Korumak: Yönetim, Finansman ve Vergilendirme

Drawing on the publication of a dozen of new inscriptions during the past fifteen years, the article examines the administrative, financial and fiscal implications of patrolling the countryside (phylake tes choras) in Greek cities of Asia Minor during the Hellenistic and Roman Imperial periods. Due to the lack of permanent institutions dealing with the policing of their rural territories and because of cash shortage, Hellenistic cities, and sometimes kings themselves, were forced to find various and complex solutions to set up and fund such a service. These included the granting of tax exemptions to inhabitants of rural settlements policing the countryside, the hiring under contract of private persons who would take care of patrolling in exchange for payment, or the leasing of the service by contractors who would be allowed to collect taxes in order to refund themselves. Thanks to a recently published inscription from Thessaly as well as a passage from Polyaenus’ Stratagems, the paper reassesses the provisions related to this issue included in the alliance treaty between Miletos and Herakleia and raises the question as to the extent to which guards were actually involved with tax collection. During the Imperial period, officials known as paraphylakes were appointed by cities throughout the provinces of Asia Minor to deal with public security in the countryside. Newly published evidence from various cities of Asia Minor, in particular from Phrygian Hierapolis, sheds new light on the funding of patrolling, on the economic duties of paraphylakes, as well as on the impact on rural communities of the benefactions, as well as of the abuses, of these officials. The paper argues that, although they were active in the countryside, paraphylakes were not responsible for the collection of taxes, contrary to dekaprotoi, who emerged about the same time during the first century CE. Even if Roman provincial administration relied on these two offices as far as law enforcement and tax collection at the local level were concerned, they were not created by Roman power and should rather be seen as another proof of the autonomy Greek cities enjoyed under imperial rule.

A Critical Assessment of A-D Strips® Used in Degradation Studies of Artworks Made from Cellulose Acetate

ABSTRACT Acid-detecting strips (A-D Strips®) available from the Image Permanence Institute (IPI) and third-party suppliers outside the USA were originally developed to detect volatile acids from deteriorating film stock made from cellulose acetate (CA) by using a five-step colour scale to represent acetic acid concentration. The strips are shown here to be sufficiently sensitive for the detection of acetic acid as a volatile organic compound (VOC) generated by degrading CA in objects in storage. In confined spaces, the local air concentration of VOCs can deviate significantly from background levels due to low air circulation and interaction with solid materials and can be explored by this means. The usefulness of placing a number of A-D Strips® with CA-based artworks stored in closed containers, instead of or during the deployment of SPME fibres to monitor the degradation of these plastics, is assessed critically. The useful level of indicative and semi-quantitative information they can offer in such practical situations is presented. It is proposed that an interpretation of acetic acid concentration on an eight-step colour scale of measurement of b* in CIELAB1976 colour space with a hand-held spectrophotometer, or visual comparison with the IPI-provided colour scale is more useful than a direct calculation of concentration, because placement around stored objects introduces significant measurement errors. This paper gives guidance on the limitations and benefits of using A-D Strips® as a low-cost passive monitoring tool for CA-based objects, whether visibly degraded or not. The guidance is also relevant for monitoring VOCs derived from wood-based crating materials used in museum storage areas, which also generate acetic acid.

Study on the education governance system to deal with major public crisis in China

This study explores the education governance system to deal with major public crisis in China. Specifically, the literature review on the emergency system of national education, the school’s response to public crisis and public crisis education have been examined to analyze the comprehensive development of China’s education governance system historically. The macro background and situation analysis of the education system’s response to the major public crisis includes the analysis of organizational system, institutional system, operation system, evaluation system, and guarantee system. In addition, this study also examines the major challenges and key issues for the education system to respond to major public crises. In the last, the pathways of the education system to deal with the major public crisis concentrate on establishing a multi-department coordination system for educational emergency response; establishing a permanent institution for educational emergency management; strengthening institutional building and formulate rules for crisis response; establishing a unified and flexible central and local coordinated response system; optimizing the construction of the operation system and improve the mechanism for crisis response; establishing a hierarchical response mechanism for education to respond to public crises, improving the security system and enhance the capability of comprehensive response, and establishing an early warning mechanism for education in response to public crises.

A ‘Magnificent’ military entrepreneur? The involvement of the Medici Bank in the arms trade (1482-1494)

Sifting through business accounts and public records, this article demonstrates the involvement of Medici Bank in the military industry of the fifteenth century, shedding new light on the final years of one of the most important companies in Renaissance Italy. By restating the relation between the public role and the private business of Lorenzo the Magnificent, this article emphasises the exploitation of government operations for his economic gain as well as the use of the family business for his political purposes – in this case, the consolidation of the new, permanent military institutions of the Florentine Republic. Developing this point further, the entire military organisation of the Medicean regime, traditionally assessed as haphazard and inefficient, is re-evaluated. Finally, this article contributes to the current debate on the military entrepreneurship of the preindustrial world, focussing on the cooperation between state administration and capitalist elites in supplying the materiel indispensable to early modern armies.

Foreword to Special Issue

According to the International Council of Museums (ICOM, https://icom.museum/en/) current definition, “A museum is a non-profit, permanent institution in the service of society and its development, open to the public, which acquires, conserves, researches, communicates and exhibits the tangible and intangible heritage of humanity and its environment for the purposes of education, study and enjoyment.” As we move into the third decade of the 21st century, cultural heritage institutions throughout the world are using innovative digital solutions to enhance their work in all areas and also in how they communicate and exhibit heritage. This journal Special Issue presents articles that show examples and case studies demonstrating how invention and innovation can successfully take place when Museums and Digital Media converge.

The First Decade of the BRICS Group: Evolution of the Cooperation Structure

This paper analyses the institutional development of the BRICS group throughout the first decade of its functioning, from 2009 to 2019. The evolution of the cooperation structure is studied through the analysis of the BRICS’ documents, such as multilateral declarations and communiqués, reports of state institutions of member countries, comments of the political leaders. The practical implementation of the agreements has been traced by studying the group’s reports and the online news archives of the mass media of the member states. The author proposes a periodisation of the BRICS structural development. 2009–2011 – the initial stage, the formation of the group’s structure. The key working mechanisms were formed at that stage. However, the first permanent institutions of BRICS were formed at the next stage, in 2012–2014, the stage of permanent structure formation for the group. Then, in 2015–2016, the group has undergone the stage of intensive structural diversification. And in 2017–2019, BRICS maintained this trend, but the key structural changes were related to the group’s joint contacts with the rest of the world. The structure of cooperation within BRICS has changed significantly during the decade. The group formed both non-institutionalised, but regular dialogue formats, and permanent institutions for cooperation. The system of the contacts between the member states covers all aspects of cooperation. At the same time, the group has not institutionalised as an international organisation and remained a forum. The reasons for this are the collective support of a non-integrating format and the divergence of the member states’ approaches to cooperation, which has also had its impact on the BRICS work.

Research on the Construction of Emergency Logistics System in Dalian

Emergency logistics system is the guarantee of efficient and smooth flow of emergency materials. This paper studies the emergency logistics system of Dalian city by investigation, literature research and qualitative analysis. According to the research, there are some shortcomings in Dalian emergency logistics system, such as the lack of permanent institutions, multi-party linkage and response mechanism, policy guarantee and information platform jointly built by multiple parties. On the basis of summarizing the experience and lessons of emergency logistics system in major public emergencies, especially the COVID-19 epidemic, the paper builds the “government, enterprise, military and civilian” closely coordinated emergency logistics system, and puts forward guarantee suggestions for the smooth operation of the system in terms of emergency logistics policies, regulations, ideas and information platform.

Institutional Coordination of the Multimodal Logistic Transportation Systems at Tanjung Priok Port, Indonesia

The improvement of multimodal logistics transportation systems in developed countries has been developing rapidly to reduce transaction costs and increase competitiveness. However, the development of the multimodal logistic transportation system in Indonesia is still relatively slow. This study aims to assess the multimodal transportation institutional coordination of the multimodal logistics transportation system at Tanjung Priok Port. Institutional coordination analysis was assessed from the Transaction Cost Theory and Principal-Agent Theory (PAT) perspectives. Stakeholder Analysis and Q-methodology are chosen as an analysis tool based on the two theories above. Q-Methodology produces a simpler structure of actor perception called actor perception pattern (PP). The perception pattern represents several actors' main perception themes, which would help the analysis focus on the most significant perceptual themes regarding substantial elements of transaction costs. Stakeholder's analysis explains further the results of Q-methodology by mapping the actor, influence, urgency, and importance. This study found that the actor's perception, which is an element of transaction costs, has hampered the coordination in the logistics transport system at Tanjung Priok port due to conflict of interest and adverse selection of informal institutions. This situation becomes more complicated since a specific institution does not yet cover the coordination between actors in multimodal transportation. Therefore, the study suggests establishing the permanent institution as a coordination and management agency to facilitate the strategic concept of relational contracts in the long term, which is expected to expand and deepen institutional coordination.

Defining the museum: challenges and compromises of the 21st century

What is a museum? A permanent institution or a polyphonic space? For profit or not? Open to the public or devoted to serving the interests of a cultural elite? Are museums in the service of societies or committed to social justice? Do they educate their audiences, or do they enhance understandings of the world? Do museums safeguard memories or preserve humanity’s tangible and intangible heritage? What are their main functions and characteristics in the 21st century? All these questions – and ...

The evolution of European economic institutions during the COVID-19 crisis.

This article argues that the incomplete economic and institutional integration of the euro area has exposed the monetary union to increasing economic divergence, which could be deepened by the COVID‐19 crisis. We discuss how monetary and fiscal measures implemented at the onset of the pandemic have contributed to mitigate the economic consequences of lockdowns, but provided limited insurance to narrow economic gaps across member countries. However, EU countries agreed on July 21, 2020 to develop, for the first time, countercyclical fiscal transfers financed by common debt issuance. We discuss the potential of this instrument to contribute to improve the resilience of the eurozone.