State Doctrine Research Articles

THE EXISTENCE OF CERTAIN ETHNIC GROUPS IN ODESA IN THE CONDITIONS OF OCCUPATION 1941–1944

The article is devoted to the existence of certain ethnic groups in Odesa under the conditions of occupation in 1941–1944. After all, the national policy of the Romanian occupation authorities in Odesa not only directly influenced the life strategy of representatives of certain ethnic groups of the city population, but in some cases the very possibility of survival or death depended on, which was recorded in the passport in the «nationality» column. It has been proved that three ethnic groups received the greatest privileges from the new government: Germans, Romanians and Moldovans. Since the ethnic Germans outside Germany were perceived by the Hitler government as representatives of a superior race, who were to be used in the new territories as allies in the implementation of the occupation policy, a separate unit of the SS «R» was created to work with the German population of Transnistria Governorate, which was subordinate to the Main Board of Repatriation of ethnic Germans «Volksdeutsche Mittelstelle». It was established that the Romanian government understood the need to focus its national policy on the Moldavian ethnic community in the region, because it was this population that was to become the support of the government in the temporarily occupied territory. That is, Moldovans began to be considered an ethnic group of the Romanian population. It is significant that about 250,000 Moldovans lived in the territory between the Dniester and the Bug, who were concentrated as much as possible in the villages along the Dniester. However, despite the loss of population in the first year of the war, the number of such residents decreased to 198,000. The occupiers immediately began to implement the priority policy of this particular nation. Therefore, the main bet was placed on them, as the support of the government in the new territories. Moldovans were declared an ethnic group of the Romanian population. The desire of the Romanian authorities is understandable: in this way they proved that this is historically their territory and they came «to protect their population». As for the attitude towards the Slavic peoples, namely Ukrainians, Russians, Bulgarians and Poles, all the documents show that they had a much lower status in the occupied city. Their position cannot in any way be compared with the attitude of the occupying power towards the privileged Romanians and Germans. Yes, they were not totally exterminated, like Romani people or Jews. Rather, they were seen as a necessary labour resource to be fully subjugated by the new masters. Therefore, in the case of loyalty to the occupiers, nothing formally threatened them, but it is quite difficult to call the conditions of their existence «absolutely favourable». The situation of the local Jews was the most difficult. A sufficient number of documents and studies have been presented, which prove that the policy of the Romanian occupation authorities in relation to them was dictated by the doctrine of the ethnocratic state and, as a result, provided for the total destruction of the local Jewish population. The attitude towards the Jews was understandable and became a continuation of political processes and the involvement of Romania in the sphere of influence of Germany. The Holocaust of the Jews of Bukovina and the Jews of the Old Kingdom, Bessarabia or Transnistria was dictated by the doctrine of the ethnocratic state. At the meeting of the Council of Ministers on February 7, 1941, I. Antonescu first raised the issue of introducing measures against the Romani people. As a result, a number of orders appeared where the main mechanism of the Romanian government became deportation from the territory of Romania to Transnistria. But it is important to note that, we have not found a single document in the archives about the relations between the occupation authorities and the Romani people directly in Odesa. Considering that according to the census of 1942 there were only 5 of them, we can allow not to consider them as a representative separate group. Consequently, Odesa citizens were forced to build a strategy for their survival in the conditions of occupation in accordance with the entry in the column «nationality» in the passport. On the highest steps of this cynical «racial pyramid», the occupiers placed Moldovans, Romanians and Germans. Below them were supposed to be Ukrainians, Russians, Poles and representatives of other ethnic groups of multinational Odesa. And somewhere outside this pyramid, the doomed Jews and Romani people were pushed out.

Lebensraum, geopolitics and race—Palestine as a feminist issue in German-speaking academia

Palestine continues to be a contentious issue in and for Western higher education particularly in Germany and, by extension, in German-speaking academia. In this article we take figurations of Palestine as an analytical lens through which to trouble German-centric epistemologies, understandings of history and their applications inside academic structures. We specifically tackle the silence on and ideological erasure of Palestine in German-speaking academic environments and read this erasure as colonially constituted and stemming from a German Lebensraum ideology, ruling over space and race ‘through science’. We propose to understand contemporary erasures of Palestine through this transnational and transhistorical space-race-and-education-nexus. First, we delineate Lebensraum ideology and its policing barriers and apply it to today’s structures of higher education and the territorial exclusion of Palestinians from those structures by way of education. Within this epistemic nationalist framework—which evicts politicized Palestinians qua Palestinians as (too) political—we discuss how Palestine has become a central tool for the maintenance of white academia, and as such is a decolonial feminist issue relevant for the investigation of power structures in higher education and German political discourses. We finally discuss our theoretical approach vis-à-vis commentaries from and by Palestinians in German-speaking higher education. The authors situate their personal and professional experience on the inside, outside, and on the margins of German academia. In a political landscape that disavows BDS on campuses, brands solidarity with Palestinians as anti-Semitic, and a state doctrine that calls for an uncritical and ‘unconditional support of Israel’, this article is of crucial importance to understand modern knowledge production in Germany and Europe. Our methodology is based on literature reviews, new feminist theorization around issues of silence and solidarity, and preliminary (auto-) ethnographic explorations of Palestinians in and out of German-speaking academia.

Some deficiencies of regulation and promotion of the concept of material liability in employment relations

The interest of researching the concept of material liability in labor law relations is generated by the uncertainty of its legal nature, which is due to the diversity of opinions regarding its belonging to the branch of law. On this occasion, the present study is initiated from the consultation of the Moldovan doctrinal position on this segment, with the extension of the study to the examination of the doctrine of the neighboring states, with the subsequent statement of one’s own opinion regarding the legal essence of liability in the matter of labor relations. Also, the paper presents its own points of view on the appropriateness of considering material liability as a form of legal liability attributed to labor law, with the submission of rigorous arguments. The central purpose of this work is to clarify the legal nature of the liability of the parties to the employment contract, but also to show its place among the forms of legal liability. As secondary objectives are those of elucidating the problems related to the material liability of the employer for the damage caused to the employee, namely by researching the concept of material liability as an integral part of legal liability, the general conditions for the appearance of material liability, material liability for damage caused by the activity that creates an increased danger for those around, the identification of the types of material liability and their delimitation, the grounds for holding the employer to material liability for the damage caused to the employee. Keywords: liability, individual employment contract, employment relations, employer.

Reframing the English Foreign Act of State Doctrine

This article proposes a way to reframe the English foreign act of State doctrine. The doctrine is an established rule of English common law but its contours and application remain ill‐defined, despite the Supreme Court's restatement in Belhaj v Straw. The doctrine in its current form emerges from the accretion of precedents over some 350 years, but still lacks a unifying framework bringing its different strands together. This article argues that English courts should reframe the doctrine by reference to the distinction between elements of a rule that are embedded in its definition, called ‘limitations’, and elements of a rule that exist separately from it, called ‘exceptions’. This distinction has been developed in legal philosophy to classify the elements of wrongs as definitional elements, constitutive of liability, and defences, defeating liability. Reframed according to this distinction, the English foreign act of State doctrine can be streamlined into one, single rule, instead of the three rules set out in Belhaj v Straw. This reframing has implications for the doctrine's characterisation as one of justiciability, abstention or restraint, and its compatibility with the duty to do justice, including under the European Convention on Human Rights.

Plato’s Political Philosophy and its Assessment in the Discourse of Modern Political Science

Plato’s doctrine of the ideal state is the first form of political philosophy in the written history for European thought. The influence of Plato on the formation of political philosophy cannot be overestimated, since its further development in one way or another was based on the discourse and methodology that was set by his dialogues. This study aims to identify common discourses and dialectical foundations of the most influential modern schools of political philosophy converging in the ideas of Plato. Also, the study is aimed at identifying the main forms in which the philosophical ideas of Plato function in modern political philosophy in an explicit and implicit way. The contribution of the research and its novelty lies in the disclosure of the implicitly immanent features that connect political philosophy with the ideas of Plato as its primary source.

Tax evasion: initiation of pre-trial investigation, primary actions, main directions of the pre-trial investigation body’s work

The article focuses on the problems of legal regulation and peculiarities of pre-trial investigation of tax evasion cases. It analyses scientific works whose authors have studied the peculiarities of theoretical and practical aspects of tax relations, in particular in the area of tax law violations related to tax evasion. The author's own definition of tax features has been formulated. It has been established that the main ways of tax evasion are: illegal activities – “shadow economy”; concealment of taxable objects; tax accounting in violation of current legislation; creation of fictitious companies; difficulties in interpreting tax legislation, which leads to unintentional mistakes on the part of taxpayers.
 The elements of a criminal offence under Article 212 of the Criminal Code of Ukraine have been detailed. It has been emphasised that for an objective, qualitative, comprehensive, full study of the case file, the investigator may invite persons with special knowledge in the field of tax relations, including specialists of the State Audit Service of Ukraine and the Main Department of the State Tax Service.
 On the basis of the above legislative and doctrinal statements, the following features of a tax have been proposed: mandatory payment; made by individuals and legal entities; received by the budget of the appropriate level; statutory terms and amount of tax; legal liability for violation of tax legislation.

STATE IMMUNITY AND THIRD-PARTY LIMITS ON THE JURISDICTION OF DOMESTIC COURTS

AbstractRecent case law has evidenced doctrinal ambiguity concerning whether State immunity precludes domestic courts’ jurisdiction when rights and interests of third-party States may be affected. This article posits that such confusion arises from a failure to recognize State immunity as a rule predicated on the sovereign status of the defendant. Through an analysis of State practice, the article contends that the concept of indirect impleading incorporated in the United Nations Convention on State Immunity does not challenge the status-based nature of this rule. Construing State immunity as a subject-matter rule erroneously conflates it with distinct doctrines, such as Monetary Gold and the act of State doctrine.

THE ROLE OF TEACHING ASSIGNMENTS IN CHEMISTRY IN THE CONTEXT OF PERSONALLY ORIENTED EDUCATIONAL ACTIVITY

Today requires modernization of the education system. The main attention in the state doctrine of education development is focused on the personality, and this requires the implementation of certain changes and even a complete restructuring of classical methodological approaches to raising. In the today's realities conditions, it is necessary to take into account the decreasing of the skills and knowledge level of students on all school subjects, including chemistry. Educational tasks play an important role in the education system. However, in distant learning, the role of each type of educational tasks increases significantly. The method of using educational tasks during the study of chemistry in a secondary school was analyzed, and the disadvantages of traditional methods were revealed. Ways to solve this problem are proposed.
 The main criteria and indicators were determined, according to which the pedagogical effectiveness of the designed methodology was checked, including the self-reflection of personal educational achievements. Better academic performance and motivation of the experimental class was established, as the vast majority of students have achieved a high and sufficient level of knowledge quality. The growth of the comfort index and the level of self-assessment of personal educational achievements in the experimental class compared to the control class was shown. It has been demonstrated that such indicators as the ability to self-reflect personal educational achievements, the ability to solve chemistry assignments for students of the experimental class are also higher than in the control class.
 Keywords: educational assignments; questions; exercises; problems; chemistry; educational activity.

On the need to form a special procedural status of participants in criminal proceedings from among persons with disabilities

This article raises the problem of the lack of regulation in the Russian criminal procedure legislation of the participation of persons with disabilities. It is proposed to replace the terminology used in the Criminal Procedure Code of the Russian Federation persons with physical and mental disabilities with persons with disabilities, extending it not only to suspects, accused, but also to participants in criminal proceedings in general who fall under its signs. The necessity of allocating this category of participants is justified, based on the fact that they are limited in their ability to exercise their rights and perform the duties provided to them by law, and endow them with a special procedural status. Attention is drawn to the need to implement this, including on the basis of the provisions of international legal documents and the modern doctrine of the legal social state. It is proposed to use the compensatory approach developed by the author to solve the identified problems. It is noted that in a number of states such an approach finds its implementation, which allows using their experience to improve the Russian criminal procedure legislation.

The history of regional relations of the peoples of Jibal Nuba in the 16th–20th centuries

The article is devoted to regional relations of the tribal groups of the Jibal Nuba region of the South Kordofan province in Sudan. The Islamization of these tribes, which lasted for a period of more than a century, seriously changed the traditional way of life, contributed to demographic transformations, and contributed to the integration of local residents into Sudanese society. At the same time, one can observe deformations in the political course of local leaders who are trying to achieve a weakening of ties with the center and oppose initiatives aimed at a compromise and a peaceful solution to all regional problems. It is traced from the complex and controversial history of relationships during both the pre-colonial period and the period of the Anglo-Egyptian condominium after 1898. Particular attention in the material provided is given to the contacts of the Jibal Nuba tribes with neighboring Arab tribes. They are ready for positive interaction at the clan and tribal level. The article also examines the history of relations between the Nuba and the state formations that arose after the consolidation of Islam as a state doctrine in the Sultanate of the Funj with its center in Sennar in the 16 th century. Along with this, there were active contacts with other Muslim states, primarily with the sultanate in Darfur and small state formations in Kordofan.

Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom by Spencer W. McBride

Reviewed by: Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom by Spencer W. McBride Sasha Coles (bio) Mormonism, Latter-Day Saints, Joseph Smith, Religion, Religious history, Religious freedom Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom. By Spencer W. McBride. (New York: Oxford University Press, 2021. Pp. 269. Cloth, $29.95.) Roughly one year before the 1844 U.S. presidential election, nearly identical letters reached five men positioning themselves to compete for the highest political office in the land. All five letters contained the same question: "What will be your rule of action relative to us as a people, should fortune favor your ascension to the chief magistracy?" Here, "us" referred to members of The Church of Jesus Christ of Latter-day Saints (also known as Latter-day Saints, or Mormons). Joseph Smith, the church's founding prophet and first president, was the one asking. He wanted to know one thing. Would any of the prospective candidates leverage the power of the federal government to defend the right of Latter-day Saints to organize and worship in peace? Martin Van Buren and Richard M. Johnson ignored Smith completely. In their responses, Henry Clay, John C. Calhoun, and Lewis Cass offered no guarantees. These results would ultimately lead to a fascinating moment in American political history: Joseph Smith's own presidential candidacy. This is the subject of an impressive new monograph, Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom. In this book, author Spencer W. McBride's depth of expertise in the historiography of American religion is on full display. So is his command of source material related to Mormonism's early years. In roughly 200 well-paced, detail-rich pages, McBride uses Joseph Smith's campaign to inoculate readers against the enduring myth that universal religious freedom [End Page 195] has been respected and protected since the nation's founding. In fact, there is a long history of religious inequality in the United States that, by many measures, endures today. This trajectory can be explained by attachments to one principle in particular: the doctrine of states' rights. In McBride's words, "the states' rights strategy was as effective at impeding efforts to establish the full citizenship rights of religious minorities as it was at blocking efforts to establish the personhood of men and women of African descent enslaved in the American South" (209). The role of states'-rights ideology in maintaining inequality becomes clear when confronted with the marginalization Latter-day Saints experienced during the early American republic. As McBride explains, after the church's founding in 1830, Mormons established tight-knit settlements in Ohio and Missouri, proselytized among Native Americans, and extended church membership to some Black people. To outside observers, these activities proved that Latter-day Saints were insular religious "fanatics" threatening slavery and white supremacy. Sparring between the Mormons and their critics bubbled over in 1838, when Missouri Governor Lilburn W. Boggs issued an executive order calling for Joseph Smith's followers to be "exterminated or driven from the state if necessary." Emboldened vigilantes and militia members assaulted Latter-day Saints and destroyed their property. The Mormons who survived became landless refugees. In the minds of the perpetrators, this opposition did not constitute a violation of citizenship rights. They saw Mormons as "waste people" beguiled by a "fake" prophet. But what they really meant, as McBride describes, is that Latter-day Saint beliefs "were too different from their own." This "skewed, but pervasive, view of religious freedom . . . justified the discrimination and violent persecution of religious minorities because it protected the privileged place of Protestant denominations in American society" (200–201). Much scholarly attention has already been paid to the church's outsider status in the nineteenth century. Where McBride's narrative really thrives is in his rich analysis of how, after the Missouri confrontation, church leaders pursued "every possible avenue for redress and protection" (81). They met with President Martin Van Buren, petitioned Congress, and launched a public relations campaign. They also sought out a fresh start in Nauvoo, Illinois, where they established a muscular city...

Karl Marx’s critique of the state as an alienation of society in his 1843 Critique of Hegel’s Doctrine of State

ABSTRACT Alienation became a central but controversial concept in the reception and interpretation of Karl Marx’s thought after the posthumous publication of the Economic and Philosophical Manuscripts in 1932. Numerous interlocutors debated the content and configuration of Marx’s concept of alienation and its relationship to G.W.F. Hegel and Ludwig Feuerbach, as well as his own subsequent critique of political economy. But these debates inadvertently ignored Marx’s prior Critique of Hegel’s Doctrine of State. This article aims to remedy this omission. Through close textual analysis and theoretical recontextualization I reconstruct and reinterpret Marx’s elaborate critique of the modern sovereign state as an alienation of civil society rooted in the dynamics of the modern system of private property, which also sheds new light on Marx’s concept of alienation, its relationship to prior political philosophy, (post-)Hegelian philosophy and his subsequent critique of political economy.

Historical Rights of States to Maritime Water Areas and the Legal Status of the Sea of Okhotsk

INTRODUCTION.Based on the study of the international law, doctrine and practice of states, the article analyzes the content of the institution of the historical rights of the state to the sea areas, its correlation with the provisions of the 1982 UN Convention on the Law of the Sea, as well as the legal status of the Sea of Okhotsk and the possibility of its adjustment in in the context of a possible statement by Russia that it has historical rights to its water area. MATERIALS AND METHODS.The issues raised in the article are structurally divided into three main groups. The first one is related to the study of the rea­sons for the emergence of the institution of historical rights of states to maritime areas in the international law of the sea, as well as its correlation with the legal mechanisms for the delimitation and use of maritime spaces defined by the 1982 UN Convention. The second is devoted to studying the structure of this institution and definition of the concept and content within its framework of such key notions and categories as “historical bays”, “historical waters”, “historical legal foundations”, “historical title of the state” and some others. The third group is directly connected with the definition of the fundamental possibility and potential scope of the extension of the Russian Federation historical rights to the waters of the Sea of Okhotsk. RESEARCH RESULTS.When writing the work, the authors proceeded from the fact that despite the limited potential of Russia's possible actions to defend its his­torical title to the Sea of Okhotsk, they can not be considered unpromising in the foreseeable historical per­spective. At the same time it should be borne in mind that the way to achieve success in solving this problem should not lie in declaring its water area an inland sea or historical waters of Russia, but in legitimizing by our state a number of its exclusive historical rights in this maritime area based on Russia's vital interests. DISCUSSION AND CONCLUSIONS.The content of the institution of the historical rights of states to maritime spaces, as well as the new political reality, give the Government and the State Duma of the Russian Federation all the necessary grounds for raising the question of a partial change in Russia's position on the legal status of the Sea of Okhotsk and the development of a new strategy for upholding Russia's historical rights to its water area, as through the adoption of unilateral internal legal acts, and through the implementation of a consistent policy to disseminate and uphold this point of view in international relations within the framework of negotiations with foreign states and the activities of relevant international bodies and organizations.

Early Modern Variations on the Theme of Complicity: How Jesuits Came to Be Linked with Regicide

Abstract In the long history of anti-Jesuitism, the accusation that the Society of Jesus endorsed assassination and used it as a means to pursue its goals hardened into one of the recurring topoi that were repeatedly invoked to malign the order. However, the Society was clearly not born with this stigma. The aim of this paper is to demonstrate how in the late sixteen and early seventeenth centuries an interplay of political events and doctrinal statements arose whose cumulative effect was to brand the Society with a reputation for approving the principle and abetting the practice of killing kings.

Москва и Петербург в романе Л. Н. Толстого в свете учения о Третьем Риме

The article touches upon the question of L. N. Tolstoy’s understanding and interpretation of the doctrine of the Third Rome, which he implements in the novel “War and Peace.” Being familiar with state doctrine and ideology, Tolstoy presents his vision of the concept in the novel, considering Moscow as a symbol of the Third Rome, and St. Petersburg as the First one. Moscow for Tolstoy is the bearer of “peace” and life in many senses, while St. Petersburg is a city of war and death. The author of the article proves that Moscow for Tolstoy is not a political center, but the center of the Russian people, its traditions and history. Its core is not the Kremlin, but the Rostov family — an old Russian aristocratic family. “Moscow The Third Rome” is an ethnic center that organizes the struggle of life against death and those who are its conductor.

Государство всеобщего благосостояния: философско-правовой аспект

The doctrine of the welfare state is considered. The welfare state is a theory formulated by J. Keynes in the work “The General Theory of Employment, Interest and Money” (1936) and developed by J. Myrdal, J. Strechi, A. Pigou and others, in accordance with which the state is a spokesman for the interests of all sectors of society and: 1) has a positive impact on the private sector through regulation and control – price policy, taxes; 2) implements a policy of full employment and prevention of economic crises with the help of a planning and forecasting system; 3) implements the policy of social services – social security, social insurance assistance to sick and old people, etc., due to which a high standard of living of society is achieved. The welfare state can be characterized as a theory of social protection in oligarchic societies. The formation of the theory of the welfare state was influenced by human rights theories, socialist and egalitarian theories. The theoretical basis of the theory of the welfare state are welfare theories (from classical liberal to social welfare theory). A universal classification of the welfare state does not exist and cannot exist, because it is impossible to take into account all aspects due to the lack of relevant statistics and indicators. In our opinion, despite certain reservations, G. Esping-Andersen’s classification is the most successful attempt at a quantitative analysis of various models of social protection. It is based on an analysis of the signs of accessibility and the degree of coverage of the population with certain social payments and incomes, while taking into account the real influence of various political forces on this process. G. Esping-Andersen identified three main models: liberal, conservative, social democratic.

Eucharistic Primacy of the Universal Church: The College of Bishops Makes the Eucharist, The Eucharist Makes the Universal Church

In its Letter to the Bishops of the Catholic Church on Some Aspects of the Church Understood as Communion, the Congregation for the Doctrine of the Faith states that the universal Church is ontologically and temporally prior to the local church. This declaration began a well-known debate between Joseph Ratzinger and Walter Kasper. This article does not adjudicate the Ratzinger/Kasper matter, but it proposes that their debate can be advanced with analyses of Henri de Lubac's famous proclamations that "the Eucharist makes the Church" and "the Church makes the Eucharist." It concludes that the universal Church maintains Eucharistic primacy and is prior to the local church.

Справедливое соотношение частных и публичных интересов и пропорциональность

The issues of interaction, coordination and balancing of interests are considered. Despite many studies, this issue remains relevant and has a direct connection with the ideas of justice. The purpose of work is to consider the ratio of private and public interests as a result of the application of proportionality. The methodological basis of the study is: general and specific scientific methods, namely logical; techniques such as analysis, abstraction are used, and a system-functional approach is applied. Speaking about balance, the emphasis is on the fact that a static balance of interests clearly cannot be the optimal form of their ratio, since in certain changing circumstances it is objectively necessary to change it, shifting the emphasis, establishing the priority of one interest over another. The law cannot cover all relations with its regulation, therefore instrumental principles will contribute to the settlement, in particular the principle of proportionality, which will consider (resolve) the confrontation between private and public interests. It is noted that although the principle of proportionality, as a rule, is not directly named in normative acts, but is translated in legal interpretative acts devoted to human rights, its application is determined by the presence in them of general or special provisions that allow for the limitation of rights subject to a number of certain conditions. Proportionality is considered as: adequacy, the principle of proportional limitation of rights and freedoms; type of judicial control; concept; methodology – all this once again speaks of the multidimensionality of the scope of application, and at the level of state (national) doctrine – of the peculiarities of legal understanding and legal culture. There are several methods for determining proportionality, which vary depending on the scope of application, types of legal understanding and the specific doctrine dominant in a particular community. It is concluded that balance or proportionality (equilibrium) in the meaning of fair provision and implementation of private and public interests is associated with the issue of the specifics of the stage-by-stage application of the instrumental principle of proportionality, and any restriction of the rights of subjects at the legislative-creative level must be subject to the algorithm of proportionality , while any priority between interests will be proportional to the extent that it is recognized in a particular society, as well as how fair and democratic the discourse was. As a result, the balance of interests will be recognized as that ratio in which the priority of one of them is not excessive and does not introduce suboptimal conflict in any area of relations, there is no negative dynamics in the socio-legal, political and legal environment.

Petroleos de Venezuela, S.A. v. MUFG Union Bank, N.A. and the U.S. Act of State Doctrine

Petroleos de Venezuela, S.A. v. MUFG Union Bank, N.A. and the U.S. Act of State Doctrine

Territorial planning and adaptation to global changes. A critical analysis of the French State doctrine on the coast of the Gulf of Lion

The Mediterranean coast condition is worrying. The Gulf of Lion coast lower and sandy areas, densely urbanized, are particularly exposed to erosion. In addition, this coastline will experience by 2100 an increase in salt water intrusions, floods by marine submersion and damage to infrastructure due to sea level rise. The State first “left it to the developers” at the end of the 19th century, then decided to build new seaside resorts within the ‘Mission Racine’ the framework in the second half of the 20th century. The State now defends a “retreat doctrine” by relocating activities and people further away from the sea. However, this doctrine is opposed by economic actors and especially by local elected representatives, who have become the real architects of planning policies as a result of the 80’ decentralisation. The adaptation of this very touristy coast, which was an international laboratory of architectural and urban innovation during the 1960s, therefore seems compromised. Neither the local planning tools nor even the regional coastal management strategy can reconcile economic development and resilient urban planning in the absence of coastal governance.