Elisa Morgera
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199558018
- eISBN:
- 9780191705311
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558018.003.0003
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter provides the necessary theoretical justification to the study. It highlights the shortcomings of traditional legal solutions to ensure the environmentally sound conduct of private ...
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This chapter provides the necessary theoretical justification to the study. It highlights the shortcomings of traditional legal solutions to ensure the environmentally sound conduct of private companies through home and host State control, international State responsibility, and international environmental regimes for civil liability. Corporate environmental accountability is therefore presented as an immediate way—additional to traditional legal solutions (such as home and host State control, international State responsibility, and international civil liability regimes)—to contribute to equalizing the international protection afforded to foreign direct investment and multinational companies with expectations of reasonably acceptable environmental conduct.Less
This chapter provides the necessary theoretical justification to the study. It highlights the shortcomings of traditional legal solutions to ensure the environmentally sound conduct of private companies through home and host State control, international State responsibility, and international environmental regimes for civil liability. Corporate environmental accountability is therefore presented as an immediate way—additional to traditional legal solutions (such as home and host State control, international State responsibility, and international civil liability regimes)—to contribute to equalizing the international protection afforded to foreign direct investment and multinational companies with expectations of reasonably acceptable environmental conduct.
Paul-André Rosental
- Published in print:
- 2012
- Published Online:
- January 2014
- ISBN:
- 9780197265314
- eISBN:
- 9780191760402
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265314.003.0006
- Subject:
- History, World Modern History
Civil status, and particularly birth certificates, rather than identity papers, are the legal basis of identification in France. Its nineteenth-century history presents a complex picture, which ...
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Civil status, and particularly birth certificates, rather than identity papers, are the legal basis of identification in France. Its nineteenth-century history presents a complex picture, which cannot be reduced to a process of increasing state control. Far from implementing ambitious registration projects, French liberal administration left information scattered and scarce as compared to European standards. It had to find a balance between the need to provide open information in order to minimize uncertainty in social and economic relationships, and the protection of personal and family honour and reputation. Citizens' agency and consent have been determinant in this process, whose traces are still visible in contemporary France.Less
Civil status, and particularly birth certificates, rather than identity papers, are the legal basis of identification in France. Its nineteenth-century history presents a complex picture, which cannot be reduced to a process of increasing state control. Far from implementing ambitious registration projects, French liberal administration left information scattered and scarce as compared to European standards. It had to find a balance between the need to provide open information in order to minimize uncertainty in social and economic relationships, and the protection of personal and family honour and reputation. Citizens' agency and consent have been determinant in this process, whose traces are still visible in contemporary France.
Philippe Contamine
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198202141
- eISBN:
- 9780191675188
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202141.003.0007
- Subject:
- History, Military History
This chapter examines the growth of state control and the war practices of ransom and booty in Europe during the period from 1300 to 1800, focusing on the case of France. It describes the evolution ...
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This chapter examines the growth of state control and the war practices of ransom and booty in Europe during the period from 1300 to 1800, focusing on the case of France. It describes the evolution of norms and practices relating to ransoms and spoils in the context of warfare. States began to take control of regulated and integrated military machinery for reasons of efficiency and humanity. This development led to the military society becoming a perfect, complete, or model society.Less
This chapter examines the growth of state control and the war practices of ransom and booty in Europe during the period from 1300 to 1800, focusing on the case of France. It describes the evolution of norms and practices relating to ransoms and spoils in the context of warfare. States began to take control of regulated and integrated military machinery for reasons of efficiency and humanity. This development led to the military society becoming a perfect, complete, or model society.
Corey Ross
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199278213
- eISBN:
- 9780191707933
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199278213.003.0002
- Subject:
- History, European Modern History
This chapter considers one major aspect of the heterogeneous responses of cultural and political elites to the rise of the media and burgeoning entertainment industry. It focuses on efforts, above ...
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This chapter considers one major aspect of the heterogeneous responses of cultural and political elites to the rise of the media and burgeoning entertainment industry. It focuses on efforts, above all through means of state regulation, to reassert elite values and standards by establishing a formal framework of control over popular culture, including literary and film censorship as well as state ownership of broadcasting. While the censorship of cultural forms as a means of social control was of course nothing new at the time, the avowedly commercial orientation of most popular amusements and their unprecedented dissemination via new communications technologies elicited a new brand of cultural interventionism among the educated elite, a belief not only in their ability to improve the tastes and cultural practices of the masses, but indeed in their right — even duty — to do so.Less
This chapter considers one major aspect of the heterogeneous responses of cultural and political elites to the rise of the media and burgeoning entertainment industry. It focuses on efforts, above all through means of state regulation, to reassert elite values and standards by establishing a formal framework of control over popular culture, including literary and film censorship as well as state ownership of broadcasting. While the censorship of cultural forms as a means of social control was of course nothing new at the time, the avowedly commercial orientation of most popular amusements and their unprecedented dissemination via new communications technologies elicited a new brand of cultural interventionism among the educated elite, a belief not only in their ability to improve the tastes and cultural practices of the masses, but indeed in their right — even duty — to do so.
Marise Cremona (ed.)
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199607730
- eISBN:
- 9780191725258
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199607730.001.0001
- Subject:
- Law, EU Law
In a period when the nature and scope of the European internal market is hotly contested, this book offers a topical analysis of the most pressing issues relating to market integration and public ...
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In a period when the nature and scope of the European internal market is hotly contested, this book offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship between EU regulation and national policy choices and the ‘joint responsibility’ of the Union and the Member States. Outlining the most important current issues relating to market integration and public services in the EU, this book also addresses the underlying, systemic questions of the relation between public services and markets, and services and the consumer. Chapters also examine the application of state aids and procurement law to public services. The final two chapters focus on two public service sectors where the mix of Treaty rules, case law, and legislation has operated in rather different ways: public service media and health services.Less
In a period when the nature and scope of the European internal market is hotly contested, this book offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship between EU regulation and national policy choices and the ‘joint responsibility’ of the Union and the Member States. Outlining the most important current issues relating to market integration and public services in the EU, this book also addresses the underlying, systemic questions of the relation between public services and markets, and services and the consumer. Chapters also examine the application of state aids and procurement law to public services. The final two chapters focus on two public service sectors where the mix of Treaty rules, case law, and legislation has operated in rather different ways: public service media and health services.
Niels Taatgen
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780195189193
- eISBN:
- 9780199847457
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195189193.003.0025
- Subject:
- Psychology, Cognitive Models and Architectures
Control in cognitive models is usually fully internal and tied to a goal representation. To explain human flexibility and robustness in task performance, however, control should be shared between the ...
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Control in cognitive models is usually fully internal and tied to a goal representation. To explain human flexibility and robustness in task performance, however, control should be shared between the goal (top-down control) and perceptual input (bottom-up control). According to the minimal control principle, top-down control should be minimized to obtain optimal flexibility with the smallest set of task knowledge. In cognitive models based on productions, the amount of control can be quantified by the number of control states needed. Support for the principle consists of an analysis that shows that the number of productions needed in a model increases linearly with the number of control states and by examining a number of examples of small and complex tasks in which minimal control leads to better models. This chapter discusses the minimal control principle and analyzes the interaction between learning and control and the consequences for the representation of instructions.Less
Control in cognitive models is usually fully internal and tied to a goal representation. To explain human flexibility and robustness in task performance, however, control should be shared between the goal (top-down control) and perceptual input (bottom-up control). According to the minimal control principle, top-down control should be minimized to obtain optimal flexibility with the smallest set of task knowledge. In cognitive models based on productions, the amount of control can be quantified by the number of control states needed. Support for the principle consists of an analysis that shows that the number of productions needed in a model increases linearly with the number of control states and by examining a number of examples of small and complex tasks in which minimal control leads to better models. This chapter discusses the minimal control principle and analyzes the interaction between learning and control and the consequences for the representation of instructions.
Lance Taylor
- Published in print:
- 2001
- Published Online:
- September 2007
- ISBN:
- 9780195145465
- eISBN:
- 9780199783960
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195145465.003.0001
- Subject:
- Economics and Finance, International
This chapter reports on a fundamental economic policy shift in transition and developing economies after the mid‐1980s – the replacement of traditional regimes of widespread state controls and ...
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This chapter reports on a fundamental economic policy shift in transition and developing economies after the mid‐1980s – the replacement of traditional regimes of widespread state controls and import‐substituting industrialization by packages aimed at liberalizing the balance of payments, on both current and capital accounts. The new policy mix showed up throughout Latin America, Eastern Europe, Asia, and even in parts of Africa. Together with large but highly volatile foreign capital movements (often but not always in connection with privatization of state enterprises), this wave of external deregulation has been the central feature of globalization for the less‐industrialized world. This thrust toward liberalization is analyzed in the book on the basis of recent historical evidence from nine economies – Argentina, Colombia, Cuba, India, South Korea, Mexico, Russia, Turkey, and Zimbabwe. This chapter is an executive summary of the principal results, which draws heavily on material presented in Chapter 2, and ultimately on the country papers in the other nine chapters.Less
This chapter reports on a fundamental economic policy shift in transition and developing economies after the mid‐1980s – the replacement of traditional regimes of widespread state controls and import‐substituting industrialization by packages aimed at liberalizing the balance of payments, on both current and capital accounts. The new policy mix showed up throughout Latin America, Eastern Europe, Asia, and even in parts of Africa. Together with large but highly volatile foreign capital movements (often but not always in connection with privatization of state enterprises), this wave of external deregulation has been the central feature of globalization for the less‐industrialized world. This thrust toward liberalization is analyzed in the book on the basis of recent historical evidence from nine economies – Argentina, Colombia, Cuba, India, South Korea, Mexico, Russia, Turkey, and Zimbabwe. This chapter is an executive summary of the principal results, which draws heavily on material presented in Chapter 2, and ultimately on the country papers in the other nine chapters.
Xavier Vives (ed.)
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566358
- eISBN:
- 9780191722790
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566358.001.0001
- Subject:
- Economics and Finance, Public and Welfare, International
The book takes stock and looks ahead on the development and implementation of competition policy in the European Union (EU) fifty years after the Treaty of Rome. Competition policy has emerged as a ...
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The book takes stock and looks ahead on the development and implementation of competition policy in the European Union (EU) fifty years after the Treaty of Rome. Competition policy has emerged as a key policy in the EU, since today there is consensus that competition is the driving force for economic efficiency and the welfare of citizens. In this period, merger control has been introduced (in 1989) and reformed (in 2004); case law has established Articles 81 and 82 as fundamental tools to control and prevent anti-competitive behavior; state aid control has consolidated and evolved towards a more economic approach; and the authority of the EC and the judicial review of the Court of First Instance (CFI) and the European Court of Justice (ECJ) are firmly established. The book provides an account of the more economic approach to competition policy and reflects the main areas of interest, learning, open issues, and progress in the area: the design of competition policy institutions; the evolution of the implementation of competition policy and its convergence or divergence with US practice; restrictive practices, cartels, abuse of dominance, merger control, state aids, the interaction of competition policy, and regulation; and studies its application to telecoms, banking, and energy sectors. All the chapters are covered by top specialists combining theoretical with practical knowledge and discussing the economic underpinnings of the application of the law and the main cases.Less
The book takes stock and looks ahead on the development and implementation of competition policy in the European Union (EU) fifty years after the Treaty of Rome. Competition policy has emerged as a key policy in the EU, since today there is consensus that competition is the driving force for economic efficiency and the welfare of citizens. In this period, merger control has been introduced (in 1989) and reformed (in 2004); case law has established Articles 81 and 82 as fundamental tools to control and prevent anti-competitive behavior; state aid control has consolidated and evolved towards a more economic approach; and the authority of the EC and the judicial review of the Court of First Instance (CFI) and the European Court of Justice (ECJ) are firmly established. The book provides an account of the more economic approach to competition policy and reflects the main areas of interest, learning, open issues, and progress in the area: the design of competition policy institutions; the evolution of the implementation of competition policy and its convergence or divergence with US practice; restrictive practices, cartels, abuse of dominance, merger control, state aids, the interaction of competition policy, and regulation; and studies its application to telecoms, banking, and energy sectors. All the chapters are covered by top specialists combining theoretical with practical knowledge and discussing the economic underpinnings of the application of the law and the main cases.
Nancy Lee Peluso
- Published in print:
- 1992
- Published Online:
- May 2012
- ISBN:
- 9780520073777
- eISBN:
- 9780520915534
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520073777.003.0003
- Subject:
- Anthropology, Asian Cultural Anthropology
The nineteenth century was a turning point in forest management and the forms of state control over the teak and nonteak forests of Java. It was then that a bureaucratic, colonial Forest Service drew ...
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The nineteenth century was a turning point in forest management and the forms of state control over the teak and nonteak forests of Java. It was then that a bureaucratic, colonial Forest Service drew boundaries between forest and agricultural land—on maps and in the field—and established police forces to restrict people's access to trees and other forest products. Through a process of trial and error, regulations for profitable tree plantation management were encoded in colonial law, as were the philosophies of forest conservation for hydrological purposes. This period was also the beginning of the foresters' great concern with their eminent rights of domain over land, timber, and the demarcation of forest boundaries. Their possessiveness is seen today in the persistent use of the terms of exclusion that criminalize customary rights of access to forest products and land: “forest theft,” “encroachment,” “squatting,” and “illegal grazing.” Forest dwellers continued to engage in these activities, despite the pejorative labels, in their practice of everyday life.Less
The nineteenth century was a turning point in forest management and the forms of state control over the teak and nonteak forests of Java. It was then that a bureaucratic, colonial Forest Service drew boundaries between forest and agricultural land—on maps and in the field—and established police forces to restrict people's access to trees and other forest products. Through a process of trial and error, regulations for profitable tree plantation management were encoded in colonial law, as were the philosophies of forest conservation for hydrological purposes. This period was also the beginning of the foresters' great concern with their eminent rights of domain over land, timber, and the demarcation of forest boundaries. Their possessiveness is seen today in the persistent use of the terms of exclusion that criminalize customary rights of access to forest products and land: “forest theft,” “encroachment,” “squatting,” and “illegal grazing.” Forest dwellers continued to engage in these activities, despite the pejorative labels, in their practice of everyday life.
Lavinia Stan and Lucian Turcescu
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195337105
- eISBN:
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337105.003.0003
- Subject:
- Religion, Religion and Society
Even after joining the EU in 2004, the Czech Republic retains one of the most restrictive registration requirements for religious groups, one that greatly constraints the autonomy of churches. ...
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Even after joining the EU in 2004, the Czech Republic retains one of the most restrictive registration requirements for religious groups, one that greatly constraints the autonomy of churches. Churches are ranked into two categories, and only religious denominations registered at the second tier (whose membership amounts to at least 10,000) may perform marriage ceremonies and may serve as chaplains in prisons and military barracks. Given the country's pronounced secularization, Christian Democrat political formations play a small role in Czech politics, and religious education entered public schools in the republic much later than in other Eastern European countries. Tolerant legislation carried out from the communist time permitted abortion on a large scale and this has encouraged “abortion tourism,” which has happened hand in hand with an internationally criticized, state-sponsored sterilization program targeting the Roma ethnic minority.Less
Even after joining the EU in 2004, the Czech Republic retains one of the most restrictive registration requirements for religious groups, one that greatly constraints the autonomy of churches. Churches are ranked into two categories, and only religious denominations registered at the second tier (whose membership amounts to at least 10,000) may perform marriage ceremonies and may serve as chaplains in prisons and military barracks. Given the country's pronounced secularization, Christian Democrat political formations play a small role in Czech politics, and religious education entered public schools in the republic much later than in other Eastern European countries. Tolerant legislation carried out from the communist time permitted abortion on a large scale and this has encouraged “abortion tourism,” which has happened hand in hand with an internationally criticized, state-sponsored sterilization program targeting the Roma ethnic minority.
Philip Lowe
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566358
- eISBN:
- 9780191722790
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566358.003.0002
- Subject:
- Economics and Finance, Public and Welfare, International
This chapter provides an overview of the components that are considered necessary for a modern framework for competition policy. It summarizes how over the last years the European Union has ...
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This chapter provides an overview of the components that are considered necessary for a modern framework for competition policy. It summarizes how over the last years the European Union has modernized the legal instruments of competition policy in the areas of antitrust, merger control, and state aid control in order to allow for a more economic approach, to increase transparency, and to improve predictability. The chapter also explains how DG Competition has improved its mission, objectives, internal structures, and processes to align these more closely with the requirements of a modern competition policy institution. In particular, it discusses the benefits of prioritization, a more sectoral organization, a project-based allocation of resources, the setting up of peer-review panels, measuring performance and impact and demonstrating the added value of competition policy to citizens. It argues that competition authorities must constantly re-assess the components that are decisive for their functioning in the light of changes in their environment.Less
This chapter provides an overview of the components that are considered necessary for a modern framework for competition policy. It summarizes how over the last years the European Union has modernized the legal instruments of competition policy in the areas of antitrust, merger control, and state aid control in order to allow for a more economic approach, to increase transparency, and to improve predictability. The chapter also explains how DG Competition has improved its mission, objectives, internal structures, and processes to align these more closely with the requirements of a modern competition policy institution. In particular, it discusses the benefits of prioritization, a more sectoral organization, a project-based allocation of resources, the setting up of peer-review panels, measuring performance and impact and demonstrating the added value of competition policy to citizens. It argues that competition authorities must constantly re-assess the components that are decisive for their functioning in the light of changes in their environment.
Karthik Ramanna
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780226210742
- eISBN:
- 9780226210889
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226210889.003.0006
- Subject:
- Economics and Finance, Financial Economics
This chapter provides evidence that the American experience with accounting rulemaking is not unique and that special-interest politics has a role in accounting rulemaking worldwide. It focuses on ...
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This chapter provides evidence that the American experience with accounting rulemaking is not unique and that special-interest politics has a role in accounting rulemaking worldwide. It focuses on the impact of the proliferation of International Financial Reporting Standards on the politics of accounting rulemaking. It discusses how political pressure from state-controlled entities in China was able to temper the nature of worldwide accounting rules on disclosures of transactions involving related parties. Such disclosures are intended to safeguard against self-dealing, so the weaker rules could compromise trust in global financial markets. The chapter also discusses how one large Indian conglomerate was able to structure accounting rules on foreign-currency translations in ways that protected its interests at the potential expense of sound national accounting policies.Less
This chapter provides evidence that the American experience with accounting rulemaking is not unique and that special-interest politics has a role in accounting rulemaking worldwide. It focuses on the impact of the proliferation of International Financial Reporting Standards on the politics of accounting rulemaking. It discusses how political pressure from state-controlled entities in China was able to temper the nature of worldwide accounting rules on disclosures of transactions involving related parties. Such disclosures are intended to safeguard against self-dealing, so the weaker rules could compromise trust in global financial markets. The chapter also discusses how one large Indian conglomerate was able to structure accounting rules on foreign-currency translations in ways that protected its interests at the potential expense of sound national accounting policies.
Thomas von Danwitz
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199607730
- eISBN:
- 9780191725258
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199607730.003.0004
- Subject:
- Law, EU Law
One of the ways in which states ensure the supply of a universal service is by compensating suppliers, and here the EU's state aids rules have played a crucial part. This chapter focuses on the ...
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One of the ways in which states ensure the supply of a universal service is by compensating suppliers, and here the EU's state aids rules have played a crucial part. This chapter focuses on the concept of state aid in liberalized sectors. The starting point is the specific mandate of state aid control, to eliminate selective distortions of competition resulting from specific state intervention, as opposed to the ‘general, far-reaching regulatory mandate to maintain a level playing field’ for all undertakings in the single market, the province of general competition, and indeed free movement law. Cross-subsidization has been recognized as falling within Article 106(2) TFEU (ex Article 86(2) EC) at least since the Corbeau case, in the context of postal services; the development of principles for the application of state aid controls is more recent. It may be that the new legal basis provided by Article 14 TFEU will to some extent replace the instruments hitherto used to address the status and operation of public services in the single market. However, state aid has been and is likely to remain of fundamental importance. The issues raised concern not only the technicalities of cross-subsidization, but also the powers of the European Commission in assessing state aids and the role of the courts (in particular the Court of Justice), and the extent and nature of judicial review of Commission decisions.Less
One of the ways in which states ensure the supply of a universal service is by compensating suppliers, and here the EU's state aids rules have played a crucial part. This chapter focuses on the concept of state aid in liberalized sectors. The starting point is the specific mandate of state aid control, to eliminate selective distortions of competition resulting from specific state intervention, as opposed to the ‘general, far-reaching regulatory mandate to maintain a level playing field’ for all undertakings in the single market, the province of general competition, and indeed free movement law. Cross-subsidization has been recognized as falling within Article 106(2) TFEU (ex Article 86(2) EC) at least since the Corbeau case, in the context of postal services; the development of principles for the application of state aid controls is more recent. It may be that the new legal basis provided by Article 14 TFEU will to some extent replace the instruments hitherto used to address the status and operation of public services in the single market. However, state aid has been and is likely to remain of fundamental importance. The issues raised concern not only the technicalities of cross-subsidization, but also the powers of the European Commission in assessing state aids and the role of the courts (in particular the Court of Justice), and the extent and nature of judicial review of Commission decisions.
Lavinia Stan and Lucian Turcescu
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195337105
- eISBN:
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337105.003.0008
- Subject:
- Religion, Religion and Society
As one of the most religious countries of Europe, the predominantly Catholic Poland reassessed its church-state relations during the first stages of post-communist transformation by moving away from ...
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As one of the most religious countries of Europe, the predominantly Catholic Poland reassessed its church-state relations during the first stages of post-communist transformation by moving away from the system of strict state control over religious life and embracing an informal established church model that privileges the Roman Catholic Church in public affairs. As in no other formerly communist EU member state, the Polish state has codified the Roman Catholic position toward education and abortion in its national legislation to the point of endangering the constitutionally enshrined fundamental human rights and freedoms. Religious minorities are free to conduct their activities, but their combined membership amounts to only a fraction of population.Less
As one of the most religious countries of Europe, the predominantly Catholic Poland reassessed its church-state relations during the first stages of post-communist transformation by moving away from the system of strict state control over religious life and embracing an informal established church model that privileges the Roman Catholic Church in public affairs. As in no other formerly communist EU member state, the Polish state has codified the Roman Catholic position toward education and abortion in its national legislation to the point of endangering the constitutionally enshrined fundamental human rights and freedoms. Religious minorities are free to conduct their activities, but their combined membership amounts to only a fraction of population.
Elisa Morgera
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199558018
- eISBN:
- 9780191705311
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558018.003.0013
- Subject:
- Law, Public International Law, Environmental and Energy Law
Shifting attention from the activities of international organizations, the concluding section of the book also considers ways in which states, NGOs, and the private sector itself can put corporate ...
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Shifting attention from the activities of international organizations, the concluding section of the book also considers ways in which states, NGOs, and the private sector itself can put corporate environmental accountability standards into effect. Attention is drawn to the role of national legislators and judges, the possibility of negotiating an international agreement on the standards of conduct for business and consequences of non-compliance, the inclusion in bilateral investment treaties of obligations for investors to comply with international environmental standards, among others.Less
Shifting attention from the activities of international organizations, the concluding section of the book also considers ways in which states, NGOs, and the private sector itself can put corporate environmental accountability standards into effect. Attention is drawn to the role of national legislators and judges, the possibility of negotiating an international agreement on the standards of conduct for business and consequences of non-compliance, the inclusion in bilateral investment treaties of obligations for investors to comply with international environmental standards, among others.
Carlo de Stefano
- Published in print:
- 2020
- Published Online:
- March 2020
- ISBN:
- 9780198844648
- eISBN:
- 9780191880179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198844648.003.0003
- Subject:
- Law, Public International Law
Chapter II illustrates the application of attribution rules in public international law, as resulting from the early arbitral practice, the decisions of the Permanent Court of International Justice ...
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Chapter II illustrates the application of attribution rules in public international law, as resulting from the early arbitral practice, the decisions of the Permanent Court of International Justice (PCIJ) and the International Court of Justice (ICJ) and the awards of the Iran–US Claims Tribunal, and eventually codified by ARSIWA. Accordingly, it explains the tests for attribution of conduct of State organs (de jure and de facto) under ARSIWA Article 4, ‘State entities’ under ARSIWA Article 5, and individuals under ARSIWA Article 8. The rule of attribution of acts ultra vires under ARSIWA Article 7 is also analysed, which applies to the conduct of State organs and ‘State entities’, but not of (private) individuals.Less
Chapter II illustrates the application of attribution rules in public international law, as resulting from the early arbitral practice, the decisions of the Permanent Court of International Justice (PCIJ) and the International Court of Justice (ICJ) and the awards of the Iran–US Claims Tribunal, and eventually codified by ARSIWA. Accordingly, it explains the tests for attribution of conduct of State organs (de jure and de facto) under ARSIWA Article 4, ‘State entities’ under ARSIWA Article 5, and individuals under ARSIWA Article 8. The rule of attribution of acts ultra vires under ARSIWA Article 7 is also analysed, which applies to the conduct of State organs and ‘State entities’, but not of (private) individuals.
William J. Norris
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780801454493
- eISBN:
- 9781501704031
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801454493.003.0003
- Subject:
- Political Science, Asian Politics
This chapter presents a theory that explains the ability of states to control or direct the economic behavior of commercial actors. Using this theory, it considers how states use economics to pursue ...
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This chapter presents a theory that explains the ability of states to control or direct the economic behavior of commercial actors. Using this theory, it considers how states use economics to pursue their grand strategic objectives and how aggregate economic agents' microlevel incentives and consequent behavior generate national security outcomes at the macrolevel of China's grand strategy. The chapter describes five salient factors that determine when a state will be more able to control commercial actors: compatibility of goals between the state and the commercial actors that conduct the economic activity of the state; commercial market structure; unity of the state; the reporting relationship between the commercial firm(s) and the state; and relative distribution of resources between the state and commercial actor(s). The chapter concludes with a discussion of the challenges involved in state control of economic actors.Less
This chapter presents a theory that explains the ability of states to control or direct the economic behavior of commercial actors. Using this theory, it considers how states use economics to pursue their grand strategic objectives and how aggregate economic agents' microlevel incentives and consequent behavior generate national security outcomes at the macrolevel of China's grand strategy. The chapter describes five salient factors that determine when a state will be more able to control commercial actors: compatibility of goals between the state and the commercial actors that conduct the economic activity of the state; commercial market structure; unity of the state; the reporting relationship between the commercial firm(s) and the state; and relative distribution of resources between the state and commercial actor(s). The chapter concludes with a discussion of the challenges involved in state control of economic actors.
William J. Norris
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780801454493
- eISBN:
- 9781501704031
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801454493.003.0005
- Subject:
- Political Science, Asian Politics
This chapter examines the challenge of state control with regard to the China National Petroleum Corporation (CNPC). It considers how the state utilizes economic statecraft in the context of efforts ...
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This chapter examines the challenge of state control with regard to the China National Petroleum Corporation (CNPC). It considers how the state utilizes economic statecraft in the context of efforts to secure oil through the creation and subsequent “going out” of the Chinese national oil corporations, which were among the earliest Chinese commercial actors to venture abroad. The chapter begins with a historical background on China's petroleum industry and its relationship to the Chinese state before turning to a discussion of the CNPC's early efforts to venture abroad. In particular, it discusses the CNPC's activities in Sudan and the strategic difficulties caused by the state's “going out” policy. It also explains how Chinese authorities sought to re-establish control over the international activities of its commercial actors in the extractive resources sector through balance of relative resources and unity of the state.Less
This chapter examines the challenge of state control with regard to the China National Petroleum Corporation (CNPC). It considers how the state utilizes economic statecraft in the context of efforts to secure oil through the creation and subsequent “going out” of the Chinese national oil corporations, which were among the earliest Chinese commercial actors to venture abroad. The chapter begins with a historical background on China's petroleum industry and its relationship to the Chinese state before turning to a discussion of the CNPC's early efforts to venture abroad. In particular, it discusses the CNPC's activities in Sudan and the strategic difficulties caused by the state's “going out” policy. It also explains how Chinese authorities sought to re-establish control over the international activities of its commercial actors in the extractive resources sector through balance of relative resources and unity of the state.
Lavinia Stan and Lucian Turcescu
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195337105
- eISBN:
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337105.003.0002
- Subject:
- Religion, Religion and Society
During the last two decades post-communist Bulgaria has greatly relaxed state control over religious activities; but some of its legislative provisions still do not have counterparts in other new ...
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During the last two decades post-communist Bulgaria has greatly relaxed state control over religious activities; but some of its legislative provisions still do not have counterparts in other new European Union member states. The dominant religion alone is recognized as traditional, only the canonical Orthodox Church is deemed a legal person ex lege, political parties built on religious lines are prohibited, splinter religious groups are prohibited from using the name or property of already registered denominations while persons who practice publicly on behalf of an unregistered religious group can incur large fines. Religious denominations have taken a traditional and conservative stand relative to sexuality, abortion, homosexuality, and same-sex marriages, without being able to limit Bulgaria's rather permissive abortion policy.Less
During the last two decades post-communist Bulgaria has greatly relaxed state control over religious activities; but some of its legislative provisions still do not have counterparts in other new European Union member states. The dominant religion alone is recognized as traditional, only the canonical Orthodox Church is deemed a legal person ex lege, political parties built on religious lines are prohibited, splinter religious groups are prohibited from using the name or property of already registered denominations while persons who practice publicly on behalf of an unregistered religious group can incur large fines. Religious denominations have taken a traditional and conservative stand relative to sexuality, abortion, homosexuality, and same-sex marriages, without being able to limit Bulgaria's rather permissive abortion policy.
Nancy Lee Peluso
- Published in print:
- 1992
- Published Online:
- May 2012
- ISBN:
- 9780520073777
- eISBN:
- 9780520915534
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520073777.003.0004
- Subject:
- Anthropology, Asian Cultural Anthropology
This chapter examines overt and organized forest-based conflict during three recent periods: the Japanese occupation (1942–1945), the Indonesian revolution (1945–1949), and the Soekarno regime ...
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This chapter examines overt and organized forest-based conflict during three recent periods: the Japanese occupation (1942–1945), the Indonesian revolution (1945–1949), and the Soekarno regime (1949–1966). An open struggle between the forces of state control of forests and local use of them began with the Japanese occupation of Java and continued into the four-year period during which the Javanese fought for Indonesian independence against returning Dutch and British forces. As it turned out, the Japanese occupation of Java constituted only the first part of two decades of battles fought within and over Java's forests. The effects of the violence were felt not only by the increasingly organized contenders for control over the forest (and the state), but also by the forest itself. The two and a half decades from 1942 to 1967 constituted the most explosive period in Java's modern history; upheaval did not end with the achievement of Indonesian independence in 1949. The physical revolution (against the Dutch) lasted for only four years; social revolution, impelling reconfiguration of national and regional consciousness, raged for decades longer. Both left marks on the forests.Less
This chapter examines overt and organized forest-based conflict during three recent periods: the Japanese occupation (1942–1945), the Indonesian revolution (1945–1949), and the Soekarno regime (1949–1966). An open struggle between the forces of state control of forests and local use of them began with the Japanese occupation of Java and continued into the four-year period during which the Javanese fought for Indonesian independence against returning Dutch and British forces. As it turned out, the Japanese occupation of Java constituted only the first part of two decades of battles fought within and over Java's forests. The effects of the violence were felt not only by the increasingly organized contenders for control over the forest (and the state), but also by the forest itself. The two and a half decades from 1942 to 1967 constituted the most explosive period in Java's modern history; upheaval did not end with the achievement of Indonesian independence in 1949. The physical revolution (against the Dutch) lasted for only four years; social revolution, impelling reconfiguration of national and regional consciousness, raged for decades longer. Both left marks on the forests.
