The article focuses on the overlooked volume of Henry Sumner Maine’s corpus, the posthumously published International Law and uses it to respond to the general critical difficulty in establishing Maine’s posture. Maine, of course, makes it difficult with the numerous contrapuntal moves of this book and others. For example, he strongly criticizes the predominant view of international law as an accretionary process of commentary by one theorist following another and yet he places tremendous value on Grotius, “whose works (...) acted on the spirit of belligerency like a charm,” and other early international legal theorists. He sees his contemporary environment as marked by increasing militarization, even of militarization of society during time of peace, while he describes the relative humanity of the present over the distant past.Ultimately, Maine is a realist who focuses on late nineteenth-century manuals of war rather than the idealism of the Anglo-American peace movement, and recognizes the importance of Czar Alexander II over any of nineteenth-century international legal theorists. If J.W. Burrow has identified social evolution as providing Victorians an “intellectual resting-place” between theoretical clarity and social diversity, Maine’s broad social evolution allows him to mediate between the moral amelioration in international life and the practical realities of that life. (shrink)

Ownership of Human Tissues and Cells, Office of Technology Assessment, Congress of the United StatesDeputy Chairman New South Wales Law Reform Commision.

Since the mid-nineteenth century, women in Europe, North America and elsewhere have played an increasing role in the workforce. Women started pursuing jobs in factories, offices and businesses instead of being dependent on men for their livelihood. However, along with this significant improvement in the status of women, they still face obstacles, such as the gender pay gab and harassment in the workplace. Although both males and females experience harassment, the available literature clearly suggests that females are more likely (...) to be harassed. Much of the research concerning workplace harassment against women has been conducted in the West while little is known about this phenomenon in workplaces across the Arab and Muslim countries. In fact, gender relations and the nature of workplaces in Arab countries vary significantly from the Western workplace due to religious, social and cultural traditions. Muslim women live in the midst of patriarchal cultures where women’s honour is believed to be sacred. The ideology of women’s seclusion and subordination resulted in the restriction of their ability to participate in the labour force even where females are in urgent need of earned income. In this regard, harassment considers a crucial subject on various international agendas. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) for instance, reinforces the implementation of legislation that protects women against gender discrimination. Islam in a similar manner respects women and acknowledges their major role within a society. Therefore, as women living in Muslim communities where issues related to sexuality are sensitive, and people are reluctant to discuss such questions in public, this paper aims to discuss women seclusion, the situation of Muslim women with regard to harassment in the workplace, how international human rights deals with harassment as well as the relation between the Islamic jurisprudence and the international human rights with regard harassment in the workplace. (shrink)

SummaryDuring the 1920s and 1930s, Italian physicists established strong relationships with scientists from other European countries and the United States. The career of Bruno Rossi, a leading personality in the study of cosmic rays and an Italian pioneer of this field of research, provides a prominent example of this kind of international cooperation. Physics underwent major changes during these turbulent years, and the traditional internationalism of physics assumed a more institutionalized character. Against this backdrop, Rossi's early work was crucial (...) in transforming the study of cosmic rays into a branch of modern physics. His friendly relationships with eminent scientists — notably Enrico Fermi, Walther Bothe, Werner Heisenberg, Hans Bethe, and Homi Bhabha — were instrumental both for the exchange of knowledge about experimental practices and theoretical discussions, and for attracting the attention of physicists such as Arthur Compton, Louis Leprince-Ringuet, Pierre Auger and Patrick Blackett to the problem of cosmic rays. Relying on material from different archives in Europe and the United States, this case study aims to provide a glimpse of the intersection between national and international dimensions during the 1930s, at a time when the study of cosmic rays was still very much in its infancy, strongly interlaced with nuclear physics, and full of uncertain, contradictory, and puzzling results. Nevertheless, as a source of high-energy particles it became a proving ground for testing the validity of the laws of quantum electrodynamics, and made a fundamental contribution to the origins of particle physics. (shrink)

Using data on submitted and published manuscripts in Feminist Economics from 1995 to 2019, we examine differences in method and scope used by authors residing in the Global North and Global South. We specifically focus on research methods, intersectional analyses, region of analysis, and co-authorship status. Further, using logistic regression models, we examine the relationship between authors’ location and use of research methods. We find authors in the Global South are more likely to engage in empirical and mixed-methods papers (...) compared to Global North authors in our sample. Moreover, a greater share of Global South authors engage in intersectional analysis and exhibit geographical focus on developing countries. Drawing insights from the Feminist Economics manuscripts data, we argue that encouraging Global South research can contribute to the goals of the field of feminist economics – aimed at inclusivity, diversity of standpoints, and plurality in research methods, thereby improving overall economic research. (shrink)

The article analyses the key issues of the legal status of the sole managing body from the perspective of the valid legal regulation, the established case-law and doctrine. The first part of the article analyses the dualism of the manager’s legal status from the perspective of civil law and labour law. The analysis of the latest case-law presented herein shows that the rule of “internal” and “external” relations between the manager and the company formulated in the case-law is (...) applied differently, and the criterion of distinguishing the manager’s as the subject of the labour law and that of the civil law statuses still remains unclear. The authors of the article are of the view that due to insufficient legal regulation in force rules established by the case-law to regulate the manager’s legal status cannot ensure the required legal certainty. Thus, the reform of the manager’s legal regulation is essential. The second part of the article strives to answer the question what legal regulation models exist and what are the main criteria of quality legal regulation. The comparative analysis of the legal status regulation of the sole managing body allows to determine the main available regulation models of the manager’s legal status and to distinguish their advantages and disadvantages. The authors of the article believe that it is necessary to take regard to other states’ practices regulating the relations at issue, however, while creating such legal regulation, the evaluation of economic, cultural and social peculiarities of Lithuania is also required. In search for the most appropriate model of the manager’s legal status, attention should be drawn to the fact that in some aspects the labour law regime is too restrictive (e.g., shareholders cannot recall the manager, who is on maternal leave, and the manager at interim does not have full authority) and uncoordinated with the doctrine of the companies’ law. Moreover, quite a few questions directly related to the issues of the manager’s authority do not fall or only partially fall into the scope of the labour law. On the other hand, the problem of the manager’s legal status involves a broader scope of points of the companies’ law than the dualism of the manager’s status, and a part of these points has already been regulated by the Law on Companies (the agreement conclusion, termination, removal from the register of legal persons, terms of notice). In regard to this, a question can be raised if it not be better to regulate the issues of the manager’s legal status by the provisions of the Law on Companies and not of the Labour Code. It is proposed to create a specific legal regulation of the companies’ law, which could meet the needs of business and match up to the doctrine of the companies’ law, which is already being applied. (shrink)

In the literature on social ontology, two perspectives on collective agency have been developed. The first is the internal perspective, the second the external one. The internal perspective takes the point of view of the members as its point of departure and appeals, inter alia, to the joint intentions they form. The idea is that collective agents perform joint actions such as dancing the tango, organizing prayer meetings, or performing symphonies. Such actions are generated by joint intentions, a topic which (...) has been investigated extensively in recent decades.1 The external perspective takes the point of view of outsiders as its point of departure. Here the idea is that outsiders ascribe certain properties to collections of individuals that thereby acquire a new status. An example that is discussed in some detail below is provided by universities that, at least initially, had to be recognized by the pope in order to perform the actions that are characteristic of universities, in particular the awarding of academic degrees. This perspective has received considerably less attention.2 In this paper I present and defend a new account of collective agents from the external perspective. I call it ‘the status account’. At the heart of this account lies the idea just mentioned. A collective agent can come into existence by outsiders granting a collection of individuals some kind of status. I call a collective agent for which this holds a ‘corporate agent’, because such an agent is or has been, in a sense to be explained, incorporated. I develop this idea by distinguishing between two kinds of rules: status rules and constitutive rules. Status rules explicate the normative attributes that are characteristic of a particular kind of corporate agent. Constitutive rules specify the conditions that have to be met for a certain collection of individuals to have those attributes. The status account shares some important features with John Searle’s social ontology.3 The advantages that my account has over Searle’s are discussed in section 2.2, immediately after the account has been introduced in section 2.1. Before doing that, however, I shall discuss the internal perspective.. (shrink)

How should we assess the burden of moral demands? A predominant assessment is provided by what Murphy calls the baseline of factual status-quo (FSQ): A moral theory is demanding if the level of agents’ well-being is reduced from the time they begin to comply perfectly with the theory. The aims of my paper are threefold. I will first discuss the limits of the FSQ baseline. Second, I suggest a different assessment, which examines moral demands from a whole-life perspective. My (...) view is that even if agents’ compliance with a moral theory will not cause a substantial reduction to their existing level of well-being, the total quality of life that they may obtain from complying with this theory may still be lower than what they could have obtained by following some other moral theories. The third aim of this paper is that, through this investigation, I hope to explicate the relation between agents’ acceptance of a moral theory and the burden of demands that is created by it. I believe that we can achieve a more comprehensive understanding of the nature of moral demands by paying attention to the psychological development of agents as they accept and internalize a moral theory. (shrink)

The main goal of this article is to analyse the current status of the precautionary principle in international law and outline the tendencies of its development into a rule of customary law. The methods of comparative and systematic analysis were used in this paper. The article concludes that there is sufficient state practice and opinio iuris to support the position of the European Communities that the precautionary principle has already crystallized into a general customary rule. Evidence may be (...) found in international legally binding and non-binding documents, domestic law, and the jurisprudence of national and international courts and tribunals. (shrink)

Tax haven investment has become an increasingly important topic in business ethics. Given the considerable tax haven investments from emerging market firms, understanding how home-country institutions shape their investments in tax havens is theoretically intriguing and practically crucial. By integrating resource dependence and institutional theories, we hypothesize the existence of a negative relationship between firms’ home-country political status and tax haven investment. State-owned enterprises controlled by the central government dominate the political hierarchy. Compared with other types of enterprises, central (...) SOEs receive the strongest institutional support and are the most prone to institutional oversight, thereby exhibiting the weakest tendency to invest in tax havens. This top group is followed by SOEs controlled by local governments, politically connected private firms, and private firms without political connections. These groups exhibit an increasing tendency to invest in overseas tax havens. The empirical analysis of Chinese listed firms during 2003–2013 supports our hypotheses. This research contributes to the business ethics literature by identifying institutional drivers of overseas tax haven investment by emerging market firms, thereby adding to the ethical debate on international tax avoidance. (shrink)

This paper examines how everyday practices of ‘bordering’, as conceived by Yuval- Davis, Wemyss, and Cassidy (2019) as the ongoing proliferation of border sites where migrants are assessed to be fit for inclusion or exclusion, may violate moral respect by subjecting migrants to a wide array of discriminatory treatment, leading to what I call ‘status-harms’. Section II begins by providing an overview of bordering and the various forms it has taken, such as internal immigration checkpoints or even online visa (...) application processes. Section III develops an account of comparative and non-comparative status-harms and why they constitute violations of moral respect. There, I pay special attention to comparative status-harms by proposing three conditions under which a comparative status-harm can be said to have occurred: (a) if an individual or group is singled out for disadvantageous treatment that others are not subjected to on the basis of a socially salient attribute, (b) if the attribute marks them out as inferior relative to those who are not affected thus, and (c) ascriptions of inferior status occur within a morally objectionable social hierarchy where they are targeted by hostile norms and practices centred around that attribute. I then consider how discriminatory practices of bordering routinely imposes status-harms on migrants. Section IV draws a distinction between two types of discrimination that migrants may be subjected to at border sites, which I term policy-based discrimination and procedure-based discrimination, and explores their relationship to the comparative and non-comparative status-harms suffered by migrants. I conclude in Section V. (shrink)

I propose a principle of non-domination as a benchmark for assessing the justifiability of unequal residence statuses for non-nationals in liberal democracies. This has advantages over the principles of equality and rights alike, in accommodating both the inclusive and exclusive logics of liberal democratic citizenship. Non-domination requires the state to grant upon first admission a degree of inclusion in the social privileges of citizenship that is sufficient to guard against the most severe forms of domination in social relationships. However, as (...) resident non-nationals become more permanent and come to be in relationships open to other, if less severe forms of domination, it requires gradually increasing the degree of inclusion, over time, to protect non-nationals against these forms of domination also, and, finally, eventually giving them access to the sites of political decision-making that contribute to shaping the background conditions for independent action in social relationships. (shrink)

Having been supressed and denied their rights by successive Syrian governments over the years, Syrian Kurds are now asserting a de facto autonomy. Since the withdrawal of the Syrian President's forces from the ethnically Kurdish areas in the early months of the current civil war, the inhabitants have declared a self-rule government along the lines of the Kurdistan regional government in northern Iraq. For Syrian Kurds, the creation of a small autonomous region is a dream fulfilled, albeit one unrecognized by (...) the international community. Some 15% to 17% of the Syrian population is Kurdish. Whether they can achieve statehood will depend on a reading of international law and on how the international community reacts. There are certain aspects which differentiate Kurdish self-rule in Syria from its counterpart in Iraq. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government in IraqVolume 17, Issue 3LOQMAN RADPEY DOI: https://doi.org/10.1017/S1468109916000190Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The “dead-donor rule” states that, in any case of vital organ donation, the potential donor should be determined to be dead before transplantation occurs. In many countries around the world, neurological criteria can be used to legally determine death (also referred to as brain death). Nevertheless, there is considerable controversy in the bioethics literature over whether brain death is the equivalent of biological death. This international legal review demonstrates that there is considerable variability in how different jurisdictions have evolved (...) to justify the legal status of brain death and its relationship to the dead-donor rule.In this article, we chose to review approaches that are representative of many different jurisdictions—the United States takes an approach similar to that of many European countries; the United Kingdom’s approach is followed by Canada, India, and influences many other Commonwealth countries; Islamic jurisprudence is applicable to several different national laws; the Israeli approach is similar to many Western countries, but incorporates noteworthy modifications; and Japan’s relatively idiosyncratic approach has received some attention in the literature. Illuminating these different justifications may help develop respectful policies regarding organ donation within countries with diverse populations and allow for more informed debate about brain death and the deaddonor rule. (shrink)

Myanmar has recently surfaced from total military rule and efforts at conducting research to enhance the health of the population has increased during the recent democratization process, both from the military and civil sectors as well as support from international agencies. International guidelines mandate that such research requires prior ethics review in accordance with international standards. Previous commentators have expressed concerns, however, regarding the degree of adequate training in research ethics for investigators, the optimal functioning of Research (...) Ethics Committees, and the extent of responsible conduct in research in low and middle-income countries. Such concerns might also be applicable to Myanmar, especially since it has recently emerged from a long period of military rule where there has been lack of basic freedoms and human rights abuses. We herein review the current gaps in research ethics capacity in Myanmar, the status of the existing RECs and the current efforts to establish training programs to enhance capacity in research ethics. (shrink)

This paper intervenes in debates on Chinese higher education and social (re)production strategies in the contemporary African diaspora, developing the link between ‘Chinese’ capitals, social status and spatial mobility. Drawing on semi-structured interviews with both disadvantaged and middle-class African international students, I unpack how migration to China will enable them to accumulate prized forms of capital and position advantageously in different spheres of African society. The paper focuses on two ‘Chinese’ capitals – specifically high proficiency in the Chinese (...) language, and exposure to and internalisation of Chinese lifestyles and practices – which are convertible to profit, distinction and secure coveted jobs in their respective home countries. By exploring how China’s ‘in the middle’ position within the global political economy and exercising its soft power over peripheries are reflected in the ways these African students and their families play the ‘class game’ and make higher education choice, this paper moves beyond the ‘West’ vs. ‘the Rest’ gaze and nuances an emergent mobility pattern within the Global South. I conclude by presenting an argument that in seeking these ‘Chinese’ capitals, the students and their families may enhance China’s geopolitical standing and facilitate its movement towards the ‘core’ within the arena of the world (knowledge) system. (shrink)

Ranking systems such as The Times Higher Education’s World University Rankings and Shanghai Jiao Tong University’s Academic Rankings of World Universities simultaneously mark global status and stimulate global academic competition. As international ranking systems have become more prominent, researchers have begun to examine whether global rankings are creating increased inequality within and between universities. Using a panel Tobit regression analysis, this study assesses the extent to which markers of inter-institutional stratification and organizational segmentation predict global status among (...) US research universities as measured by position in ARWU. Findings indicate some support that both inter-institutional stratification and organizational segmentation predict global status. (shrink)

Business ethics, which grew out of religion's interest in ethics in business and management education's concern with social issues, has become an interdisciplinary academic field. Thus far it has centered on teaching undergraduates. The easy work has now been done and the field has reached a plateau. To develop further it requires development on the MBA level, high quality research on new questions, positive models, better interdisciplinary integration, and attention to international business. Ultimately the field will stand or fall (...) on the quality of research those in it produce. (shrink)

This article develops a normative theory of the status of ‘internally displaced persons’. Political theorists working on forced migration have paid little attention to internally displaced persons, but internally displaced persons bear a distinctive normative status that implies a set of rights that its bearer can claim and correlate duties that others owe. This article develops a practice-based account of justice in internal displacement, which aims to answer the questions of who counts as an internally displaced person and (...) what is owed to internally displaced persons (and by whom). The first section addresses the question of who counts as an internally displaced person by offering an interpretation of the conditions of non-alienage and involuntariness. The second section articulates an account of what is owed to internally displaced persons that draws on and refines the idea of ‘occupancy rights’. The third section sets out an account of the role of the international community in supplementing the protection of internally displaced persons by their own states. (shrink)

The forms of status quo critique that current approaches to realist political theory enable are unsatisfactory. They either formulate standards of constructive critique, but remain uncritical of a great range of political situations, or they offer means for criticising basically all political situations, but neglect constructive critique. As part of the endeavour to develop a status quo critique that is potentially radical and constructive, realists might consider possibilities to use non-standard social practices – social practices that function differently (...) than stipulated by existing political forms – as resources for critique. The article shows how the capacity of non-standard social practices to serve as resources for critique might be exploited. It also defends the proposed procedure against the likely objection that it relies on moralist argumentation. The evaluation of the status quo and the selection of social practices need normative argumentation, but such argumentation can be grounded in the actual to an extent that safeguards its realist nature. (shrink)

The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the reach of international law into (...) the internal affairs of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy form the encroachment of international law will have to be constrained by, and balanced against the more fundamental goal of an international rule of law, the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights. (shrink)

This paper explores how English language has gradually become a linguistic form of cultural capital in China’s zigzag journey to modernization. It situates English’s status in flux in historical context, with an analysis at both the international and intra-national level. It showcases the necessity to embed cultural capital within Bourdieu’s full framework, and evidences the arbitrary nature of this form of cultural capital for its intimate tie to power and politics. By revealing how English has been officially consecrated (...) as a global lingua franca and then socially recognized for material and symbolic benefits, this paper implicitly problematizes the officially validated cultural hierarchy, argues that the value of a cultural capital is context-dependent, politically and socially constructed, inseparable from the field where it is produced. The present-day English manifests its symbolic power in classification and social stratification, entrenching the already entrenched inequality within and without the national state. (shrink)

There is a vast amount of evidence across countries that the use of health care services (including hospitalizations, physician services, and clinical preventive services) is positively associated with income, education and other markers of socioeconomic position. In some analyses, lower socioeconomic status (SES) is associated with greater physician and hospital use, although it appears that these findings are primarily driven by higher rates of poor health status or medical need in socioeconomically disadvantaged populations. Three general sets of explanations (...) have been investigated to explain SES differences in health care use: (1) financial access or affordability differences (e.g. the poor use fewer services because they have fewer financial means); (2) knowledge, attitudinal and cultural differences in seeking care (e.g. the poor use fewer services because they value and/or understand the benefits of health care less than other people); and (3) health care system factors (e.g. the poor use fewer services because of ways in which the health care system is organized). The empirical evidence from a number of countries suggests that health care system variables, especially non-financial components of access, offer the greatest explanatory power regarding SES differences in utilization. The policy implications of such findings are important, for they suggests that providing universal coverage or offering free health services to the poor is not a panacea for reducing social inequalities in health care utilization. Research across countries also suggests that, although SES differences in the use of health care services may contribute to some portion of observed SES disparities in health status, the contribution here is likely to be small. Social inequalities in health status are driven by myriad factors other than access to and use of personal health services. (shrink)

Whenever one reads internal histories of psychology what is covered is the establishment of a lab by Wundt in 1879 as the initiating act and then the breakaway movements of the 20th Century are discussed: Behaviorism, Gestalt Theory, Psychoanalysis, and most recently the Cognitive revival. However, Aron Gurwitsch described a perspective noted by Cassirer and first developed by Malebranche, which dates the founding of psychology at the same time as that of physics in the 17th Century. This external perspective shows (...) the dependency of psychology upon the concepts, methods and procedures of physics and the natural sciences in general up until the present time. Gurwitsch argues that this approach has blocked the growth of psychology and has assured its status as a minor science. He argued that the everyday Lifeworld achievements of subjectivity are the true subject matter of psychology and that a phenomenological approach to subjectivity could give psychology the authenticity it has been forever seeking but never finding as a naturalistic science. Some clarifying thoughts concerning this phenomenologically grounded psychology are offered, especially the role of desire. The assumption of an external perspective toward the history of psychology fostered the insights about psychology’s scientific role. (shrink)

This volume insists that, if we are to properly face the challenges of the coming century, we need to re-examine international politics and development through the prism of ethics and morality. International relations must now contend with a widening circle of participants reflecting the diversity and unevenness of status, memory, gender, race, culture and class. Contributors to this volume challenge North America's privileged position in world politics, suggest initiatives for improving the quality of human existence in tangible (...) ways, and critique the conventional wisdom on how we think we can create peace and justice. Re-Framing the International shows that, when we develop projects for world reform, we must remember that the most basic prevailing assumptions of modern law, politics, and culture are by no means as obvious, natural, or progressive as we formerly thought. (shrink)

in International Journal of Philosophical Studies 14, 2006: 337-359 (special issue on Donald Davidson ed. M. Baghramian/J. Malpas).

This paper argues against the claim that liberal democratic societies’ commitment to political equality requires them to offer a path to citizenship to temporary migrant workers (i.e. the democratic justice argument). I advance two arguments against this claim: (i) that access to citizenship is neither sufficient nor necessary to reduce temporary migrant workers’ exploitation and (ii) the democratic justice argument hinges on an untenable conception of status inequality. The paper fleshes out these two reasons in detail to then present (...) an adequate analysis of the status difference that temporary labor migration programs (TLMPs) give rise to. I conclude that TLMPs’ restriction of their participants’ rights and access to citizenship can be compatible with democratic principles and, particularly, with political equality. (shrink)

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line with (...) the Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

Risk-taking behavior is particularly widespread during adolescence, and negatively impacts the healthy growth and social adaptation of adolescents. Utilizing problem-behavior theory and the family stress model, the current study examined the relationship between socioeconomic status and adolescents’ risk-taking behavior, as well as the mediating role of psychological capital and self-control. A total of 1,156 Chinese adolescent students completed a series of questionnaires anonymously. The results showed that: Socioeconomic status was negatively correlated with adolescents’ risk-taking behavior; Both psychological capital (...) and self-control mediated the relationship between SES and adolescents’ risk-taking behavior independently; and Psychological capital and self-control also mediated the relationship between SES and the risk-taking behavior of adolescents sequentially. This study reveals the internal mechanism of risk-taking behavior during adolescence and provides theoretical support and empirical evidence for preventing and reducing such behavior in this age group. (shrink)

Within the health care industry, the move from regulatory cost controls to market competition has generated rapid and dramatic restructuring of providers. To enhance their competitive positions in the evolving market, many health care organizations are pursuing the ownership and integration of all elements and stages of health care delivery and payment, with the goal of increasing access to capital and lowering costs through administrative efficiencies and economies of scale. As of July 1994, 24 percent of hospitals were members of (...) an integrated delivery system, and 47 percent were involved in IDS development.IDSs pose a singular challenge to the Internal Revenue Service. The IRS recognizes that its traditional policies for granting tax exempt status are not flexible enough for the competitive and rapidly changing health care market. In recent years, the IRS has taken a more active role in scrutinizing emerging health care institutions seeking taxexempt status. (shrink)

The article is dedicated to the study of the peculiarities of charity development and the functioning of international charitable organizations that have acquired the status of an international entity. Such non-governmental actors are able to respond adaptively and act more quickly and locally on the world stage to address the most pressing issues, providing assistance and support to the most vulnerable categories and in the most critical geopolitical spaces. With the help of an interdisciplinary approach, it was (...) possible to identify the historical background of the origin of the phenomenon of selfless human activity, a systematic political and legal analysis of international and domestic legislation helped to identify the peculiarities of the functioning of international charitable organizations in the United States, Europe and Ukraine, and a generalization of the obtained results crystallized the foundations and features of their direct involvement in problem areas.The difference between international non-governmental organizations and international charitable organizations was proved. The author identifies the main sources of funding for such structures through grants, donations from individuals and legal entities, international organizations and governments. It is established that the tasks of establishing and operating international charitable organizations are implemented in three areas of activity, including non-refundable assistance, administration of response and recovery projects, lobbying and actualization of the problem for the world community through influence on the political establishment and public opinion. (shrink)

Since 2013, Vietnam has implemented a plan to reform the whole education sector. However, there is little understanding on the status of educational research in Vietnam, which may lay the foundation for such plan. Thus, this research aims to analyze the whole picture of educational research from Vietnam, as seen from the Clarivate Web of Science (WOS) database: 215 publications were recorded, ranging from 1991 to 2018. These 215 publications were further analyzed from five perspectives: 1) number of publications (...) by year; 2) research fields and levels of education; 3) top institutions with the highest number of publications; 4) international collaboration; and 5) quality. Some of the most notable results are: 1) the educational sciences in Vietnam have been still under-developed until recently; 2) among different research topics research among educational sciences, some (e.g., Vocational Education and Training or Early Childhood Education) seemed to be overlooked whereas others (e.g., Higher Education and Teaching and Learning) seemed to receive more attention from educational scholars; 3) all the most major education – specialized universities did not appear among the top five institutions with highest number of publications; 4) Australia, Thailand, the USA, New Zealand and China were the countries with the highest number of co-publications with Vietnamese researchers; and 5) The majority of publications belonged to low-ranked journals. Implications would be withdrawn for Vietnamese policymakers, education leaders, educational researchers and teachers in order to adjust their policies and/or action plans; thus, enhancing the performance and impacts of educational research in the future. (shrink)

How do “international” epistemic communities shape regulatory contests between transnational firms and civil society organizations in the Global South? With the establishment of the World Trade Organization, member states committed to basing trade-restrictive national regulations on science-based “international” standards set by “international” standard-setting bodies. Yet we know little about how the WTO regime has shaped the operation of epistemic communities within standard-setting bodies and, in turn, how standard-setting bodies articulate with national policy-making processes in the Global South. (...) Building on work in the new political sociology of science, I argue that neoliberal globalization and the establishment of the WTO have created incentives for Western epistemic communities to at once cast themselves as “international” under the WTO regime and orient their scientific agendas toward the priorities of transnational firms. Moreover, this transformation of epistemic communities has created opportunities for transnational firms facing contentious policy environments in the Global South to effectively outsource regulatory decision-making to “international” epistemic communities that can claim legal status under the WTO regime. Empirically, I focus on the case of one Western epistemic community—the Association of Analytical Communities International—and its claim to epistemic jurisdiction over pesticide residue standards for soft drinks in India. (shrink)