Substantive Issues Research Articles

Contesting the presumption of paternity in Switzerland: A comparative perspective

This paper is devoted to questions of contesting the presumption of paternity in Switzerland. The research covers both substantive and procedural issues, in particular the admissibility and the scope of the claim, the group of entitled persons, the time frame, the distribution of the burden of proof, and the consequences of lifting the presumption. Special attention is paid to the legal position of the biological father who is not the legal father. The analysis of Swiss law is accompanied by a Polish-German comparative legal perspective. The research leads to the conclusion that the mother’s marital status cannot absolutely determine the child’s affiliation. The legally imposed affiliation of the child, based on the principle of pater est quem nuptiae demonstrant, should be made more flexible. The biological father should have independent legal instruments to verify the child’s affiliation. In particular, he should be entitled to the challenge of paternity in the prenatal and postnatal periods. Finally, it is necessary to develop uniform and transparent criteria for questioning paternity, which will be created after carefully balancing all the opposing interests.

How Does Trust Relate to Faith?

AbstractHow does trust relate to faith? We do not know of a theory-neutral way to answer our question. So, we begin with what we regard as a plausible theory of faith according to which, in slogan form, faith is resilient reliance. Next, we turn to contemporary theories of trust. They are not of one voice. Still, we can use them to indicate ways in which trust and faithmightboth differ from and resemble each other. This is what we do. Along the way, we evaluate substantive issues related to these possible differences and similarities.

Security as a campaign issue: programmatic mobilization in Burkina Faso’s 2020 elections

ABSTRACT Despite recent research suggesting that African parties engage with substantive issues more than was previously thought, the nature of issue mobilization and the drivers of programmatic appeals on the continent remain under-explored. This article analyses how presidential candidates addressed the issue of security during the 2020 election campaign in Burkina Faso – a country faced by a growing armed insurgency since 2016 – in order to understand the nature of these substantive appeals. Based upon the analysis of candidates’ manifestos, Facebook pages, media appearances, as well as direct observation of campaign meetings held in the thirteen regional capitals, we find that the crisis context favoured the mobilization of substantive issues related to security during the campaign. Furthermore, though all candidates addressed security in valence terms, opposition candidates also claimed controversial sub-issues in an attempt to use a broader range of campaign strategies than the incumbent. Finally, a specific question (whether to negotiate with armed groups or not) became a salient programmatic cleavage during the campaign, which can be explained by strategic choices made by opposition parties and the incumbent that contributed to the emergence of credible, coherent, and polarized policy options, providing real programmatic substance to the electoral campaign.

‘Fix the system!’ Variations of anti-establishment normalisation strategies in comparative perspective

This article explores how different anti-establishment parties (AEPs) can themselves strategically enact an image of both distinctiveness and ‘normality’ behind their political offer. For this purpose, we directly measure and map diverse anti-establishment normalisation strategies by analysing 142 social media campaigns of radical right, left, and ‘centrist’ AEPs and their conventional competitors during 23 elections in Europe during 2010–2019. We find that while AEPs presented themselves as fundamentally distinct from ‘politics as usual’, they simultaneously attempted to normalise their contestation supply across and within two dimensions: mainstreaming and streamlining. Using regression analysis, we further find that the degree to which AEPs rhetorically normalised their supply was positively and significantly associated with their broader electoral appeal ceteris paribus, controlling for substantive issue positions, parliamentary experience and position in government. Concurrently, the effects of particular normalisation strategies and their specific calibration varied for the radical right and left. The findings deepen our comparative understanding of diverse anti-establishment strategies used in party competition.

Introduction: Themes and discourses in African philosophy

More recent discussions in African philosophy have focused on substantive issues than the largely meta-philosophical discussions that African philosophers engaged in between the 1960s and 1990s. This makes this special issue very important. Collectively the articles in the issue, among others, explore contemporary topics in African philosophy and studies in the area of the political philosophy of need, oral tradition in philosophy, majoritarian democracy and decolonisation, biomedical and relational conceptions of the body, an identity-driven approach to African studies, Plato’s crucible and contemporary African understandings of leadership and the metaphysical underpinnings in existing discourses on disability in Africa.

India and maritime governance in the Indian ocean: the impact of geopolitics on India’s involvement in maritime governance

ABSTRACT The article argues that geopolitics is a major obstacle to an effective Indian policy on substantive maritime governance. It holds that India’s involvement in maritime governance is predominantly shaped by geopolitics and driven by two geopolitical concerns, Delhi’s drive to counter China’s expanding influence in the Indian Ocean Region (IOR) and India’s pursuit of leadership in that region. This emphasis on geopolitics is perfectly reasonable from India’s perspective but comes at the cost of constraining Delhi’s maritime governance policy and reducing India’s ability to address substantive maritime governance issues. Hence, India’s focus on geopolitics undermines substantive maritime governance. The focus on geopolitics negatively impacts substantive maritime governance because it: 1) leads India to oppose China’s involvement in IOR’s maritime governance; 2) creates bureaucratic obstacles to India’s substantive maritime governance; 3) constrains Delhi’s ability to concentrate its substantive maritime governance efforts.

ISDS Reform in the Context of China’s IIAs

Abstract The investor–state dispute settlement mechanism enables investors to seek remedies in the face of a violation of related international investment agreements, which are crucial to maintaining the standards of investor protection that have been consented to by the contracting parties. On the other hand, more and more problems in the system have been exposed as the number of investor–state dispute settlement cases has increased. These range from substantive issues, such as the treatment granted to investors, to procedural ones, such as cost management and related procedures. Debates on investor–state dispute settlement reform have led to various options for reshaping the relevant mechanisms. Amid the new trend of investment liberalization and facilitation, China is undergoing a new round of bilateral investment treaty revision and free trade agreement negotiation. How the investor–state dispute settlement process is to be framed boils down to how China assesses its own interest vis-à-vis its partners and how it prioritises its objectives in international investment agreement negotiation with its partners. It is submitted that China should take a calculated risk on the investor–state dispute settlement provisions in international investment agreements with adequate consideration of competing interests.

The German Facebook case: the law and economics of the relationship between competition and data protection law

Can competition law consider effects on privacy, or should privacy concerns of data-collecting behaviour only be dealt with by data protection law? In this paper, we analyse the German Facebook case, in which the requirement of giving consent to the combination of personal data from different sources was prohibited as exploitative abuse by a dominant firm. We show, from an economic perspective, that due to the simultaneous existence of two market failures (market dominance, information and behavioural problems) and complex interaction effects between both market failures and both policies in digital markets, a new, much more complex relationship emerges. Since the traditional approach of a strict separation of both policies is no longer feasible, a more integrative and collaborative policy approach for competition law and data protection law might be necessary. With respect to the substantive issue in the Facebook case, i.e. protecting a minimum standard of choice for consumers regarding their personal data vis-a-vis dominant digital platform firms, the recent decision by the German Federal Court of Justice in this case and the proposed Digital Markets Act have led to new perspectives for dealing with privacy concerns in competition law and new forms of ex-ante regulation.

A review of consumer affinity research: recent advances and future directions

PurposeConsumer affinity may be a key factor in overcoming ethnocentric barriers and promoting a favourable attitude towards specific foreign countries and their products. However, progress in knowledge of this concept in international marketing literature has suffered from a lack of integration and analysis. The purpose of this study was to shed new light on the concept of consumer affinity based on a comprehensive systematic review of the literature, provide a critical analysis of previous research in terms of conceptual, methodological and substantive issues and problems and offer avenues for future research.Design/methodology/approachThis structured systematic review of consumer affinity included articles published in international peer-reviewed journals from 2008 to 2021, examining key conceptual, operational and substantive aspects.FindingsThis systematic review of articles on consumer affinity published over the past 14 years revealed that this line of research is a growing vibrant domain in the context of international marketing. It also showed that current knowledge of consumer affinity is characterized by theoretical inconsistencies, contradictory empirical results and scant international marketing research in the affinity domain.Originality/valueThis article provides an overview of the extant literature on consumer affinity and yields a consolidated image of its current status, as well as a research agenda that raises new questions for the academic community.

Editorial Policy

Editorial Policy

The future of the research and teaching nexus in a post-pandemic world

ABSTRACT Vaccines and treatments produced during the global coronavirus crisis demonstrated the importance of university research and teaching. There was widespread celebration of university–industry partnerships and collaborations across disciplines and geographical locations. However, simultaneously, higher education institutions in England faced serious financial and organisational challenges throughout the pandemic, which has implications for the relationship between teaching and research, for who undertakes each, and for the students’ experience of teaching and learning (some of whom become the next generation of researchers). The rapid movement to online learning created further tensions within an already demoralised, precarious and divided workforce. This paper considers the potential social good of universities’ two core missions, research and teaching in a post-pandemic world, exploring the inherently political nature of the link, as well as its encoded inequalities and dysfunctions. Drawing on documentary and secondary data analysis, this paper explores, first, the long-standing sectoral and institutional discrepancies through analysing trends in student recruitment rates and research funding. Second, it investigates how student and staff experiences of the link between research and teaching were changing in the pandemic, pointing to substantive equity issues in how the pandemic response affected access to research opportunities and to research-led teaching. The paper argues that a more equitable and inclusive university that appreciates the research-teaching nexus and is flexible and collaborative in nature is key to contribute to tackling global and local challenges, such as environmental destruction, climate change, conflict and socio-economic inequities.

Private international law and substantive liability issues in tort litigation against multinational companies in the English courts: recent UK Supreme Court decisions and post-Brexit implications

This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law’s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. The direct imposition of duty of care on parent companies for torts committed by foreign subsidiaries is examined as an exception to the bedrock company law principles of separate legal personality and limited liability. In this regard, the UK Supreme Court’s recent landmark decisions in Vedanta v Lungowe and Okpabi v Shell have granted jurisdiction and allowed such claims to proceed on the merits in the English courts. This article assesses these decisions and their significance for transnational corporate accountability. The post-Brexit private international law regime and its implications for the viability of tort claims against parent companies are examined.

What a Shoddy Job: A Critical Review of the 2021 Report of the UK Government on Racial and Ethnic Disparities

This paper critically reviews the 2021 report of the UK government on racial and ethnic disparities (which was tagged the “Sewell’s report”). The Sewell’s commission investigated the current dynamics of racial and ethnic disparities in the UK in four key areas: education and training; employment, fairness at work and enterprise; crime and policing; and health. It reported not only interesting findings and conclusions, but also recommended series of policy measures under four broad themes: building trust; promoting fairness; creating agency; and achieving inclusivity. A critical review of the report revealed a series of fundamental, preliminary, and substantive issues that undermine the credibility of its findings, conclusion, and recommendations. These issues, which are constitutional problematic, problem definition, biased methodology, skewed findings, and inaccurate conclusions, questioned the substance of the commission’s report, and fostered effective grounds for critics and oppositions to question the acceptability and legitimacy of the panel or commission’s findings, conclusions, and recommendations. These issues largely emanated from the composition of the commissioners, which lacked technical knowledge and social scientific understanding of racism as a conceptual frame to investigate racial and ethnic disparities, and thus produced a shoddy report that did not reflect the realities and lives of Black and other minority ethnic groups in the UK.

USTAVNOSUDSKA KONTROLA UPRAVE PUTEM USTAVNE ŽALBE SA OSVRTOM NA PRAVNI SISTEM BOSNE I HERCEGOVINE

In comparison to many other countries in which all legal documents and/or substantive actions of administrative bodies can be the subject of constitutional complaint, in the law of Bosnia and Herzegovina, only individual legal documents of judicial authority may be the subject of dispute through appellation which embodies general characteristic of the constitutional complaint. Appellation is not permitted against individual documents or actions of other state organs, thus administrative bodies as well. However, control of constitutionality of administrative documents by the Constitutional court is possible indirectly: through appellate questioning of substantive and legal issues of the legally binding administrative-judicial decision which determined legality of final administrative decision. Decision rendered by the court replacing certain administrative decision may also be the subject of appellation, provided that such administrative decision has breached constitutional rights and freedoms. As a rule, should the Constitutional court of BiH, within its procedure initiated with submission of appellation, decide that there has been a breach of constitutional rights and freedoms in the judicial decision which ended the respective administrative dispute, not only administrative-judicial decisions (judgements and decisions) are revoked, but often are individual legal documents of the state and republic/cantonal administrative bodies revoked as well. Likewise, should the substantive document, i.e. administrative action, constitute the breach of constitutional rights and freedoms of citizens and such citizens use all available effective legal remedies against such document or decision, appellation may be submitted directly disputing certain document or actions of state body. Should, in specific case, there be no effective legal remedies available to citizens, appellation may be used to directly dispute administrative actions.

The Jurisprudence of the Supreme Administrative Court 2021

This Commentary on thejurisprudence of the Thai Supreme Administrative Court(the "Court") in the year 2021 is based on an analysis of 120 Judgments and Orderson appeal.1The decisions reflect a broad spectrum of substantive and procedural issues. Severalthemes were selected due to their doctrinal or practical importance. TheCommentary focuseson decisions related to the invalidity of administrative acts (II.), the definitionand scopeof administrative contracts (III.), the admissibility requirement of individual concern (IV.), issues related to the calculation of deadlines (V.),and the application of constitutional lawby the Court (VI.). In addition, we address severalnoteworthy decisions that dealt with specific legal issues orthat were noteworthyfor other reasons(VII.).

ЦИФРОВОЕ ИЗМЕРЕНИЕ СОТРУДНИЧЕСТВА АСЕАН И РОССИИ

The paper gives insights into the potential of ASEAN-Russia dialogue in the digital area. Starting from an outline of benefits and disadvantages the Fourth Industrial Revolution brings ASEAN, the author proceeds with exploring digital support that the association gives its multilateral economic initiatives, as well as ASEAN’s efforts to intensify digital cooperation as a self-sufficient direction across Southeast Asia. Finally, the paper assesses directions and measures that can strengthen ASEAN-Russia ties. Although extant research on ASEAN-Russia dialogue reveals the extent of progress and remaining problems, as well as defines major substantive issues and areas with true potential, mainstream views on its strategic directions remain stagnant in the paradigm of energy, arms transfers, agriculture and space exploration. The academic value of the article is that it takes a step forward in specifying and assessing real possibilities of ASEAN-Russia interaction offered by the increasing digitalization. In the author’s opinion, as in the present international circumstances the room for maneuver in ASEAN-Russia relations is narrowing, an emphasis on instrumental components of cooperation, among which cybersecurity-related measures are of crucial importance, may be rewarding.

Moral Intensity, Perceived Impacts, and Task Motivation: Evidence From Volunteers

Although work tasks often address substantive social issues, the effects of issue characteristics on task motivation are little understood. This study explores this topic by examining how the moral characteristics of an issue (moral intensity) affect motivation in tasks intended to address the issue (task motivation). Adopting the lens of work design theory, I hypothesize that moral intensity increases task motivation through the mediation of perceived task impacts on the community (perceived community impacts), and that this effect will occur after controlling for the effects of perceived task impact on the worker and their organization. In two studies in the context of volunteering I find that, rather than acting in parallel with other task impacts, the effect of moral intensity through perceived community impacts is fully mediated by perceived organization and self impacts in a three-stage mediation. These findings demonstrate the potential relevance of issue characteristics such as moral intensity to work design theory and shed new light on the psychological mechanisms through which perceived prosocial impacts promote task motivation. I discuss implications for research and practice.

Odpowiedzialność dyscyplinarna sędziów w II Rzeczypospolitej na przykładzie wybranych sądów byłego zaboru pruskiego – zagadnienia materialnoprawne

Disciplinary Responsibility over Judges in the Second Republic of Poland. Substantive Law Issues in Light of Judges’ Personal and Disciplinary Files from the Former Prussian Territories The issue of disciplinary responsibility over judges is one of the key aspects of the functioning of the judiciary. This mechanism must remain a compromise between respecting a special status for judges based on their independence and their key role in the functioning of the state, versus the need to eliminate negative behaviors on their part. Such oversight in turn should lead to the building up of societal trust in the judiciary. The article is an attempt to present the issue of disciplinary proceedings against judges in the Second Polish Republic in the areas of the former Prussian territories. By presenting this issue from the perspective of substantive law, this article complements research already carried out in this area, the issue of the course of procedure in disciplinary proceedings having already been presented in a separate text. In this article, the author focuses on the issues regarding judge’s disciplinary misconduct and actual disciplinary punishments. The legal provisions were compared with the practice of their application, reconstructed on the basis of preserved archival files of judges, both personal and disciplinary.

UN Membership and the State Requirement

The UN Charter provides that membership is open to all peace- loving States. How should one understand the State requirement for UN membership, and is it linked to the law of statehood? This article analyses the practice of UN admission procedures and contextualizes it broadly with the State requirement in international treaties. It argues that some non- States have been Member States as well as non- member observer States of the UN. Such practice should not be labelled as being anomalous or sui generis. Rather, it should be taken as evidence of separation between international treaty procedures on the one hand and the substantive law of statehood on the other. Certain voting procedures regulated by international treaties should not be mistaken for state- creation procedures or collective recognition. Membership of the UN or its specialized agencies can have far- reaching effects, however. Such membership effectively creates an entity’s treaty- making capacity where treaties are generically open to all States. The member then procedurally becomes a State for the purposes of participation in such international treaty regimes. This should not be conflated with State creation. The term ‘State’ for the purposes of participation in international treaties open to ‘any State’ or ‘all States’ is functionally defined by the so- called ‘Vienna formula’: it is not a matter of the Montevideo criteria or any other requirements under the law of statehood. This article thus argues that for the sake of doctrinal clarity, such procedural definitions of the ‘State’ for the purposes of participation in multilateral treaties need to be consistently separated from the substantive issues of the law of statehood. Palestine’s appearance before international judicial bodies proves that such a separation is in principle upheld in international practice, but the line is sometimes unclear.

Saudi-Iranian Relations and the Future of the Middle East

ABSTRACT Mason explores Saudi-Iranian rivalry in the Middle East with particular reference to the growth in political contentions post-1979. He covers work by Ghattas who provides a more social perspective on the fallout from increased Saudi-Iranian rivalry from 1979, including sectarian violence from Egypt through to Pakistan, and a more policy-orientated appraisal and outline for conflict resolution between the parties provided by Fraihat. Taken together, they afford a comprehensive overview of the causes and effects of this “conflict.” For a political science scholar, it is Fraihat who tackles substantive conflict resolution issues of enduring concern: rebalancing the regional order, reforming conflict strategies, mediation, Track II diplomacy, and bottom up peace-building, which may hold the keys to shaping the next four decades in more peaceful ways than the previous four. Given the limited avenues of exploration in these areas, a partial GCC state backlash against the Joint Comprehensive Plan of Action (JCPOA) during the Obama administration, and the political consolidation underway in both states, one might despair of a breakthrough. The Biden administration represents an opportunity to at least contemplate de-escalation measures resulting from talks such as those underway in Iraq in 2021. Meanwhile, the policies of small states such as Oman and Qatar provide insights on pragmatic foreign policy behavior, some of which could be replicated by the key protagonists.