scholarly journals The Effects of Juridification on States Exiting International Institutions

2018 ◽  
Vol 15 (2) ◽  
pp. 265-294
Author(s):  
Nicolas Kang-Riou ◽  
David Rossati
Keyword(s):  
Systems Theory ◽  
International Organizations ◽  
International Institutions ◽  
Theoretical Perspective ◽  
Third Party ◽  
Legal Regime ◽  
Legal Concept ◽  
Legal Context ◽  
The One ◽  
Endogenous Process

This article complements the doctrine of termination of membership by arguing that at times international organizations (‘ios’) can still exert considerable normative effects on states that withdraw or express the intent to withdraw from them. We capture this continuing influence, which can collide with the exiting state’s intended goal of regaining control over specific issues, with a theoretical framework based on juridification as a socio-legal concept of systems theory in the international legal context. The aim is to explain the endogenous process of legal growth within the io via bureaucratisation and expert rule, which eventually affects the norms of the wider legal regime where the io operates. With three case studies of io exits, we illustrate the continuation of normative structures promoted directly or indirectly by the io, according to two legal techniques of juridification: third-party interpretation on the one hand, and the extended reach of norms and processes through the work of non-state actors on the other. Overall, widening the theoretical perspective on state exits under systems theory can lead to more complete judgements on the tensions between domestic and supranational systems in the expansion of global normative regimes.

Security Test by using F T M and Data Allocation Strategies on Leakage Detection

2005 ◽  
Vol 4 (2) ◽  
pp. 393-400
Author(s):  
Pallavali Radha ◽  
G. Sireesha
Keyword(s):  
Third Party ◽  
Distributed Data ◽  
Data Allocation ◽  
Security Testing ◽  
Sensitive Data ◽  
Sample Data ◽  
The One ◽  
Security Test ◽  
Data Request ◽  
Allocation Strategies

The data distributors work is to give sensitive data to a set of presumably trusted third party agents.The data i.e., sent to these third parties are available on the unauthorized places like web and or some ones systems, due to data leakage. The distributor must know the way the data was leaked from one or more agents instead of as opposed to having been independently gathered by other means. Our new proposal on data allocation strategies will improve the probability of identifying leakages along with Security attacks typically result from unintended behaviors or invalid inputs.  Due to too many invalid inputs in the real world programs is labor intensive about security testing.The most desirable thing is to automate or partially automate security-testing process. In this paper we represented Predicate/ Transition nets approach for security tests automated generationby using formal threat models to detect the agents using allocation strategies without modifying the original data.The guilty agent is the one who leaks the distributed data. To detect guilty agents more effectively the idea is to distribute the data intelligently to agents based on sample data request and explicit data request. The fake object implementation algorithms will improve the distributor chance of detecting guilty agents.

Doing politics by other means: Abdelmalek Sayad and the political sociology of a collective intellectual

2020 ◽  
Vol 68 (5) ◽  
pp. 999-1014
Author(s):  
Amín Pérez
Keyword(s):  
International Organizations ◽  
Political Action ◽  
The Political ◽  
Host Society ◽  
Intellectual Work ◽  
Academic Fields ◽  
The Social ◽  
Social Fields ◽  
Before And After ◽  
The One

This article proposes a new understanding of the constraints and opportunities that lead intellectuals engaged in different political and social fields to create alternative modes of resistance to domination. The study of the Algerian sociologist Abdelmalek Sayad offers insights into the social conditions of this mode of committed scholarship. On the one hand, this article applies Sayad’s theory of immigration to his transnational intellectual engagements. It establishes how immigrants’ intellectual work are conditioned by their trajectories, both before and after leaving their country, and by the stages of emigration (from playing a role in the society of origin to becoming caught up in the reality of the host society). On the other hand, the article illuminates the constraints and the spaces of possible action intellectuals face while moving across national universes and disparate political and academic fields. Sayad’s marginal position within the academy constrained him to work for the French and Algerian governments and international organizations while he was simultaneously engaged with political dissidents, unionists, writers, and social movements. In tracking Sayad’s roles as an academic, expert and public sociologist, the article uncovers the conditions that grounded improbable alliances between those fields and produced new forms of critique and political action. The article concludes by drawing out some reflections that ‘collective intellectual’ engagements elicit to the sociology of intellectuals.

Study of CFD Modeling of Performance for Classification

2012 ◽  
Vol 516-517 ◽  
pp. 784-789
Author(s):  
Wei Cao ◽  
Ying Fang ◽  
De Xiang Li
Keyword(s):  
Simulation Experiment ◽  
Particle Trajectory ◽  
Phase Particle ◽  
Theoretical Perspective ◽  
Cfd Modeling ◽  
Optimized Design ◽  
Two Phase ◽  
Ansys Cfx ◽  
The One ◽  
Classification Efficiency

The numerical simulation in the classification has been used in ANSYS CFX 10.0. We described the different flow fields within the classification in accordance with the one-phase simulation experiment, which provided a new theoretical perspective for optimized design on classification. At the same time, the classification efficiency was predicted by simulation for two phase particle trajectory. This will lay a foundation for improving classification efficiency.

Scurte considerații asupra condițiilor speciale de valabilitate și asupra efectelor testamentelor privilegiate

2020 ◽  
Vol 2020 (2020) ◽  
pp. 266-291
Author(s):  
George-Alexandru STAN ◽  
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Legal Regime ◽  
The Public ◽  
Probative Value ◽  
The One

"This paper is focused on establishing the legal regime of privileged wills. First of all, we will analyse the probative value of this type of will and we shall demonstrate that it is justified to assign it the probative value specific to authentic deeds. Second of all, given that we are in the presence of an authentic deed, we shall extract all the specific requirements in regard to the simplified authentication procedure starting from the provisions of the Romanian Civil Code. These should be complemented by the general regulations in the field of authentic deeds as regulated by the Romanian Code of Civil Procedure, as well as with those compatible provisions regarding the authentication procedure applied by the public notary when authenticating wills. Subsequently, we will focus on the constrains regarding the incompatibility of the agent which manages the procedure and the requirements that must be met by the witnesses involved in the proceedings. Finally, we will undertake an analysis on the substantive conditions that privileged wills must meet and we will present the reasons why we agree with the opinion that supports the ability of the disposer to create a privileged will even if he could draw up a holographic will. Given the opportunity, we will also specify for how long the effects of a privileged will last in so far author could have also draw up a holographic will. Thus, we will demonstrate that the limited term whose fulfilment attracts expiration of the privileged will shall not start unless two cumulative conditions are met: the deceased is able to draw up a holographic will and the circumstance which allow him to draw up a privileged will have ceased to exist. On the contrary, it will be proven that the one who can address a public notary in order to create a will shall not be allowed to also create a valid privileged will."

In the Search of an Appropriate Legal Framework to Prevent Environmental Risks Caused by Navigation in the Black Sea

2017 ◽  
Vol 19 (2-3) ◽  
pp. 194-230
Author(s):  
Gabriela A. Oanta
Keyword(s):  
Black Sea ◽  
International Organizations ◽  
Marine Pollution ◽  
Regional Cooperation ◽  
Legal Framework ◽  
Environmental Risks ◽  
The Black Sea ◽  
Trade Routes ◽  
International Responsibility ◽  
The One

This article addresses the legal framework pertaining to navigation in the Black Sea (including the Turkish Straits System) – which is currently one of the busiest trade routes globally – and its implications for the protection and preservation of the marine environment in this region. This framework is a comprehensive and complex system that is based, on the one hand, upon norms established by different global diplomatic conferences and international organizations that are therefore also applicable to the Black Sea and its coastal States; on the other hand, the regional cooperation fora for the Black Sea have also created specific standards for the region. In addition, the implications of the delimitation of maritime areas in the Black Sea and the international responsibility of States in the field of marine pollution caused by navigation will also be examined.

Notes on Luhmann, Adorno, and the critique of neoliberalism

Thesis Eleven ◽  
2017 ◽  
Vol 143 (1) ◽  
pp. 56-69
Author(s):  
Laurindo Dias Minhoto
Keyword(s):  
Systems Theory ◽  
Social Conditions ◽  
The Other ◽  
Economic Rationality ◽  
Theoretical Terms ◽  
Normative Model ◽  
Negative Dialectics ◽  
Subject And Object ◽  
Critical Interpretation ◽  
The One

This article discusses some possibilities for a critical interpretation of Niklas Luhmann’s systems theory. On the one hand, this theory could provide a sophisticated new sociological account of well-known modern social pathologies, such as alienation and reification; on the other, it could be considered a crypto-normative model for the reciprocal mediation between system and environment in which neither blind tautologies nor colonizations would take place. I argue that as a normative model this theoretical matrix seems to resonate with aspects of Adorno’s negative dialectics between subject and object and that the involuntary promise it contains could be fully realized only under other social conditions. The article also presents a preliminary critique of neoliberalism reconceptualized in systems theoretical terms as a dedifferentiation machinery that aims at establishing the primacy of economic rationality and the formation of ‘industries’ in different social spheres.

An Oxford College, Two Parishes and a Tithe-Farmer: The Modernisation of Tithe Collection

Rural History ◽  
1997 ◽  
Vol 8 (1) ◽  
pp. 1-19
Author(s):  
A. W. Purdue
Keyword(s):  
Eighteenth Century ◽  
Considerable Part ◽  
Agricultural Economy ◽  
The North ◽  
Legal Context ◽  
The One

The agricultural economy of eighteenth-century England exhibited many paradoxes, being in part progressive and even entrepreneurial, yet existing in a legal context which preserved many ancient customs, rights, duties and taxes. Within the one county of Northumberland we find the Culley brothers with their business-like attitudes and innovative and scientific farming methods and, in contrast, antique manorial regimes with courts, fines and heriots, such as prevailed in the manors of Hartleyburn and Bellister. We also find, as throughout England, the ‘contentious tithe’ and what must have been one of the most lucrative examples of tithe-farming, by which one of the North East's leading merchants and its first banker made a considerable part of his fortune out of a lease on this venerable tax from the appropriators, Merton College, Oxford.

Preventing War and Providing the Peace?

2009 ◽  
Vol 26 (2) ◽  
pp. 144-163 ◽  
Author(s):  
Megan Shannon
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Causal Relationship ◽  
International Organizations ◽  
Dispute Settlement ◽  
Claims Data ◽  
Third Party ◽  
Trust Building ◽  
Territorial Claims ◽  
Bilateral Negotiations

I explore whether international organizations (IOs) promote peaceful conflict management. Using territorial claims data, I find that organizations with interventionist capabilities encourage disputing members to attempt peaceful conflict resolution. Then, to more fully uncover the causal relationship between IOs and conflict management, I investigate the influence of IOs on bilateral dispute settlement separately from third party settlement.The analyses reveal that institutions do not promote bilateral negotiations between members, indicating that the socialization and trust-building capabilities of IOs are limited. However, institutions foster multilateral talks, demonstrating that IOs broker bargaining with third party diplomatic intervention.

scholarly journals Certainty and Uncertainty in Tax Law: Do Opposites Attract?

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 30
Author(s):  
Alexander V. Demin
Keyword(s):  
Law Enforcement ◽  
Everyday Life ◽  
International Organizations ◽  
Good Faith ◽  
The Other ◽  
Tax Law ◽  
General Requirement ◽  
Law Enforcement Agencies ◽  
The One ◽  
Effective Channel

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand, negatively—as a defect (omission) of the legislator and, on the other hand, positively—as a set of specific legal means and technologies that are purposefully used in lawmaking and law enforcement. In this context, relatively determined legal tools are an effective channel for transition from uncertainty to certainty in the field of taxation. A tendency towards increased use of relatively determined legal tools in lawmaking processes (for example, principles, evaluative concepts, judicial doctrines, standards of good faith and reasonableness, discretion, open-ended lists, recommendations, framework laws, silence of the law, presumptive taxation, analogy, etc.), and involving various actors (courts, law enforcement agencies and officials, international organizations, citizens, organizations and their associations) allow making tax laws more dynamic flexible, and adequate to changing realities of everyday life.

scholarly journals KAZAKHSTAN-CHINESE RELATIONS AND CHALLENGE OF FOREIGN FORCES

2020 ◽  
Vol 66 (3) ◽  
Author(s):  
Kanat Kakar ◽  
Keyword(s):  
United States ◽  
Central Asia ◽  
International Organizations ◽  
The United States ◽  
Rich Country ◽  
One Belt One Road ◽  
Road Project ◽  
The One ◽  
External Forces ◽  
The Impact

In 2013, China's Silk Road Initiative, the One Belt One Road project, was first mentioned in Kazakhstan and has been widely discussed by major countries and international organizations. Kazakhstan's participation in this project, a resource-rich country in Central Asia, has attracted world attention, and the impact of external forces on Central Asia will have its own impact on the implementation of this project. The interests of countries such as Russia and the United States in Central Asia and the views of international organizations are important factors in the implementation of this project. This article examines the relations between China and Kazakhstan in the framework of the "One Belt - One Road" initiative and the competition of external forces influencing it, their views on the project, their interests, the project and competing projects, and highlights important international organizations and agreements. and the toothed conclusion is pronounced.

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