On the Tension between Public and Private Governance in the Emerging Transnational Legal Order: State Ideology and Corporation in Polycentric Asymmetric Global Orders

2012 ◽  
Author(s):  
Larry Catá Backer
Keyword(s):  
Legal Order ◽  
Private Governance ◽  
Public And Private ◽  
Order State

Women’s Participation in the Public Domain Under Human Rights Law: Towards a Participatory Equality Paradigm Shift

2018 ◽  
Author(s):  
Ruth Rubio-Marín
Keyword(s):  
Human Rights ◽  
Gender Quotas ◽  
Political Rights ◽  
Human Rights Law ◽  
Private Governance ◽  
Public And Private ◽  
Full Diversity ◽  
Women's Participation ◽  
Indigenous Groups ◽  
Participation Of Women

This chapter explores how human rights law has contributed to the shift towards participatory gender equality by legitimating the adoption of quotas and parity mechanisms to ensure women’s equal participation in decision-making. Since the adoption of CEDAW, human rights law has moved away from formal equality notions that simply affirm women’s equal political rights. Instead, we see growing endorsement of substantive equality doctrines that validate the adoption of gender quotas, initially as temporary special measures to ensure women equal opportunities, and, more recently, as permanent measures targeting the gender-balanced composition of an ever-expanding range of public and private governance bodies. The chapter explores how human rights law connects this participatory turn to issues of pluralism, calling attention to the need for public bodies to represent the full diversity of the population, and calling on state parties to increase the participation of women from ethnic minorities, indigenous groups, and religious minorities.

Seismic Shifts: The COVID-19 Pandemic’s Gendered Fault Lines and Implications for International Law

2021 ◽  
Vol 39 (1) ◽  
pp. 91-104
Author(s):  
Shruti Rana
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Order ◽  
Private Life ◽  
Legal Order ◽  
Public And Private ◽  
State Action ◽  
Role Of The State ◽  
International Legal Order ◽  
Fault Lines

Abstract The Covid-19 pandemic and related shutdowns created seismic shifts in the boundaries between public and private life, with lasting implications for human rights and international law. Arriving just as the international legal order was wobbling in the wake of a populist backlash and other great challenges, the pandemic intensified fault lines of marginalisation and state action, amplifying the forces that had already left the liberal international order in crisis and retreat. This article examines the pandemic’s impacts on the international legal order through a gendered lens. It argues that in the short-term, the pandemic has reinforced public-private divides in international law, reinvigorating previous debates over the role of the state in protecting its people from harm. It argues that in the long-term, these developments threaten to unravel the most recent gains in international law and global governance that have supported and expanded the recognition of human rights to marginalised groups. Left unaddressed, this unraveling will further entrench such divides and contribute to the further retreat of the liberal international order. Examining these fault lines and their implications can help us re-imagine a post-pandemic international legal order that offers more protection for human rights, even as multilateral institutions and cooperation sputter or fail.

Balancing Barriers to Entry and Administrative Burden in Voluntary Regulation

2017 ◽  
Vol 1 (3) ◽  
pp. 207-221 ◽  
Author(s):  
David P Carter ◽  
Tyler A Scott ◽  
Nadia Mahallati
Keyword(s):  
Barriers To Entry ◽  
Private Governance ◽  
Agricultural Producers ◽  
Public And Private ◽  
Voluntary Programs ◽  
Administrative Burden ◽  
Voluntary Regulation ◽  
Organic Certification ◽  
Program Costs ◽  
Voluntary Program

Abstract Voluntary programs have become a recognized instrument for achieving public and private governance goals. As a governance instrument, these programs face a design challenge: to generate societal benefits, a voluntary program must establish stringent standards that support the program’s environmental or social goals, and at the same time program costs that may deter program participation. We argue that the theoretical framework of administrative burden provides a means to consider how voluntary programs may set and adjust entry barriers to motivate participation while maintaining credibility. The framework’s applicability is illustrated through an examination of National Organic Program initiatives to reduce the administrative burden faced by agricultural producers seeking organic certification. Through a discussion drawing on the case, we identify three questions and a series of theoretical expectations for research contributing to a better understanding of the causes and consequences of voluntary program administrative burden.

scholarly journals Constitutional identity and institutional autonomy of state

2021 ◽  
Vol 17 (2) ◽  
pp. 33-41
Author(s):  
K. V. Karpenko
Keyword(s):  
Comparative Method ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Order ◽  
Constitutional Courts ◽  
Legal Doctrine ◽  
Public And Private ◽  
Private Interests ◽  
Historical Continuity ◽  
Constitutional Identity

Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. Constitutional identity creates a subordination of norms in the constitutional text. The most important of them are on the top. Such a vertical system gives to the Constitutional courts a useful criterion for balancing different interests in a society. This criterion is fair enough, because it is stipulated by the constitution itself.Materials and methods. The materials for the study include the constitutions of states, whose content is related to the problem discussed, decisions of constitutional courts and the legal positions expressed in them, as well as the conclusions of the constitutional and legal doctrine. The study uses the comparative method, which makes it possible to compare homogeneous legal phenomena, the systemic method, with the help of which constitutional identity is considered as an integral part of the mechanism of legal regulation, the dogmatic method that reveals the legal nature of the subject under study, as well as the dialectical method, which gives a holistic idea of subject of research.Results. Constitutional identity, which determines the hierarchy of constitutional norms and values, characterizes a state, emphasizing its differences from others. Constitutional identity should be unchanged over time and free from ongoing changes to the constitutional text. Then it allows identifying the permanent features of a particular legal order and the state as a whole. Consequently, the principles of constitutional identity preserve the historical heritage of the people, the patterns of its development and a certain predictability of the future. Thus, constitutional identity ensures the continuity of different historical periods.Discussion and conclusions. According to the author, the application of the principles of constitutional identity can give the current legal order an internal structure, reflected in the text of the Basic Law. At the same time, constitutional norms build a hierarchy that can reflect the hierarchy of significant values. The presence of such a hierarchy expands the possibilities of legal protection of the constitution, since the constitutional courts have a criterion for «weighing» public and private interests.

scholarly journals A RESPONSABILIDADE ADMINISTRATIVA E CIVIL DE PESSOAS JURÍDICAS PELA PRÁTICA DE ATOS CONTRA A ADMINISTRAÇÃO PÚBLICA EM FACE DA LEI Nº 12.846/2013 “LEI ANTICORRUPÇÃO”

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 240
Author(s):  
Horácio MONTESCHIO ◽  
Valéria Juliana Tortato MONTESCHIO ◽  
Giovana Zanete MONTESCHIO
Keyword(s):  
Strategic Planning ◽  
Public Administration ◽  
Legal Order ◽  
Business Practices ◽  
Private Companies ◽  
Public And Private ◽  
The Public ◽  
Administrative Control ◽  
The Relationship ◽  
Clear Objective

RESUMOCom a entrada em vigor da Lei nº 12.846/2013, também conhecida como Lei Anticorrupção, que entre os seus principais dispositivos buscam inovar o ordenamento jurídico pátrio ao disciplinar a responsabilidade administrativa e civil de pessoas jurídicas pela prática de atos contra a administração pública. A importância da legislação sobressai diante da busca de uma nova visão interpretativa e sancionatória com o claro objetivo de alcançar a redução da prática de atos de corrupção, tendo em vista que eliminar tão ignóbil e abjeta prática da realidade brasileira se mostra totalmente impossível. Em face do texto legal recentemente sancionado a Lei nº 12.846/13 passa a exigir que as empresas públicas e privadas venham a se adaptarem às inovações propostas. Como principal consequência da “Lei Anticorrupção” encontra se obrigatoriedade de implantação de mecanismos de prevenção e planejamento estratégico, a fim de monitorarem o relacionamento com a Administração Pública, com o intuito de evitar a aplicação das severas penalidades previstas. Por sua vez, os mecanismos inseridos na Lei anticorrupção tem o escopo de controlar as práticas empresariais, bem como consolidar a integridade das práticas de relacionamento entre as empresas, as quais permitirão alçar um novo patamar de cultura cidadã e ética no âmbito empresarial, que reverterá para toda a sociedade. PALAVRAS-CHAVE: Responsabilidade Civil e Administrativa; corrupção; complience; controle administrativo. ABSTRACT With the entry into force of Law No. 12,846 / 2013, also known as the Anti-Corruption Law, which among its main provisions seek to innovate the legal order of the country by disciplining the administrative and civil liability of legal entities for the practice of acts against the public administration. The importance of legislation stands out in the search for a new interpretive and sanctioning vision with the clear objective of achieving a reduction in the practice of acts of corruption, since eliminating such ignoble and abject practice of the Brazilian reality is totally impossible. In light of the recently enacted legal text, Law No. 12.846 / 13 requires that public and private companies adapt to the proposed innovations. As a main consequence of the "AntiCorruption Law", it is mandatory to implement prevention and strategic planning mechanisms in order to monitor the relationship with the Public Administration, in order to avoid the application of severe penalties. In turn, the mechanisms included in the Anti-Corruption Law have the scope to control business practices, as well as to consolidate the integrity of the relationship practices between companies, which will allow to raise a new level of citizen culture and ethics in the business sphere, which will revert for the whole society. KEYWORDS: Civil and Administrative Liability; corruption; complience; administrative control.

scholarly journals Bioethics in the Context of Law-Making and Law Enforcement (Surrogate Motherhood)

Lex Russica ◽  
2019 ◽  
pp. 29-39 ◽  
Author(s):  
V. V. Momotov
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal Order ◽  
Complex Nature ◽  
Surrogate Motherhood ◽  
Public And Private ◽  
Legal Literature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Law Making

The article is devoted to one of the most topical issues for the Russian legal order, namely: the regulation of surrogacy. This topic, unfortunately, is not sufficiently covered in the scientific and legal literature due to its novelty and a complex nature of bioethical problems.This article provides an overview of normative legal acts regulating surrogacy, Russian and international law enforcement practice in this area, as well as legal approaches existing in other legal orders. Particular attention is paid to the latest trends and approaches associated with the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017, “On the application of legislation by courts in cases related to the establishment of the origin of children.” At the same time, attention is paid to both public and private law aspects of the phenomenon in question. 

State Theory, State Order, State System—Jus Gentium and the Constitution of Public Power

2017 ◽  
Author(s):  
Nehal Bhuta
Keyword(s):  
International Law ◽  
State Theory ◽  
The State ◽  
Legal Order ◽  
State System ◽  
Modern State ◽  
Public Power ◽  
Theory State ◽  
Order State ◽  
The Way

This chapter argues that state concepts and state theories are performative: they partially constitute the object that they describe, and become means through which the state order is justified, materialized, and indeed organized. As such, state theory and state concept are indispensable to any actually existing state order, and have strong determinative consequences for the intellectual construction of international law as legal order and a system of relations between and across state orders. The chapter demonstrates the organizing force of state concepts on the conceptualization of the nature of the order of international law, and also the way in which jus naturae et jus gentium became essential to the theorization and reproduction of the distinctive kind of public power we associate with the modern state concept.

Governance by and of Algorithms on the Internet: Impact and Consequences

2020 ◽  
Author(s):  
Michael Latzer ◽  
Natascha Just
Keyword(s):  
Quantitative Methods ◽  
Social Impact ◽  
The Internet ◽  
Life Domains ◽  
Private Governance ◽  
Public And Private ◽  
Qualitative And Quantitative Methods ◽  
Selection Processes ◽  
The Public Sphere ◽  
The Impact

Internet-based services that build on automated algorithmic selection processes, for example search engines, computational advertising, and recommender systems, are booming and platform companies that provide such services are among the most valuable corporations worldwide. Algorithms on and beyond the Internet are increasingly influencing, aiding, or replacing human decision-making in many life domains. Their far-reaching, multifaceted economic and social impact, which results from the governance by algorithms, is widely acknowledged. However, suitable policy reactions, that is, the governance of algorithms, are the subject of controversy in academia, politics, industry, and civil society. This governance by and of algorithms is to be understood in the wider context of current technical and societal change, and in connection with other emerging trends. In particular, expanding algorithmizing of life domains is closely interrelated with and dependent on growing datafication and big data on the one hand, and rising automation and artificial intelligence in modern, digitized societies on the other. Consequently, the assessments and debates of these central developmental trends in digitized societies overlap extensively. Research on the governance by and of algorithms is highly interdisciplinary. Communication studies contributes to the formation of so-called “critical algorithms studies” with its wide set of sub-fields and approaches and by applying qualitative and quantitative methods. Its contributions focus both on the impact of algorithmic systems on traditional media, journalism, and the public sphere, and also cover effect analyses and risk assessments of algorithmic-selection applications in many domains of everyday life. The latter includes the whole range of public and private governance options to counter or reduce these risks or to safeguard ethical standards and human rights, including communication rights in a digital age.

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