118 results
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2. Breaking Boundaries: How Indonesia's Limited Territorial Jurisdiction Sparked a Global Movement to Solve Extradition Woes.
- Author
-
Joko Setiyono and Eddy Pratomo
- Subjects
TERRITORIAL jurisdiction ,EXTRADITION ,CUSTOMARY international law ,HUMAN rights violations ,JUSTICE - Abstract
Copyright of Via Inveniendi et Iudicandi is the property of Universidad Santo Tomas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
3. EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARD-BEARER OF LEGAL IMPERIALISM?
- Author
-
ÇORLU, Hüseyin Çağrı
- Subjects
ANTITRUST law ,TERRITORIAL jurisdiction ,EXTERRITORIALITY ,EUROPEAN Union law ,IMPERIALISM ,DATA protection - Abstract
Copyright of Ankara Review of European Studies (ARES) / Ankara Avrupa Çalışmaları Dergisi (AAÇD) is the property of Ankara University European Union Research Centre and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
4. Has the CJPTA readied Canada for the Hague Choice of Court Convention?
- Author
-
SAUMIER, GENEVIÈVE
- Subjects
JURISDICTION (International law) ,COURTS ,TERRITORIAL jurisdiction ,MORGUARD Investments Ltd. v. De Savoye (Supreme Court case) ,CONFERENCES & conventions ,ACTIONS & defenses (Law) - Abstract
This paper examines whether the Court Jurisdiction and Proceedings Transfer Act has readied Canada to adopt the 2005 Hague Choice of Court Convention. Reviewing the Hague Convention as well as previous and current law and cases on forum selection clauses in common law Canada, including the very recent Supreme Court of Canada decision in Douez v Facebook, yields two conclusions. First, there are existing interpretive challenges flowing from gaps in the CJPTA with respect to jurisdictional clauses that need to be addressed. Second, the principles governing forum selection clauses in Canada are largely consistent with those put forward in the Hague Convention and should not be perceived as obstacles to its adoption. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
5. Jurisdiction of the International Criminal Court over crimes committed on the territory of Afghanistan
- Author
-
Radmanović Jelena S.
- Subjects
international criminal court ,afghanistan ,jurisdiction ,territorial jurisdiction ,personal jurisdiction ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The subject of this paper is the territorial and personal aspects of the jurisdiction of the International Criminal Court regarding crimes committed on the territory or in connection with the armed conflict on the territory of Afghanistan. In 2020, the International Criminal Court determined that the conditions had been met for initiating an investigation into crimes committed in Afghanistan, or in connection with the armed conflict in Afghanistan. The paper is based on the analysis of positive regulations in the field of public international law and international criminal law, as well as linking the relevant provisions with the circumstances under which crimes were committed on the territory of Afghanistan and drawing conclusions about the fulfillment of necessary conditions for initiating criminal proceedings before the International Criminal Court. The result of the analysis leads to the conclusion that the conditions have been met for initiating an investigation into crimes committed in Afghanistan or in connection with the armed conflict on the territory of Afghanistan. The initiation of an investigation is particularly important in the context of the withdrawal of US military forces and the Taliban's takeover of power in Afghanistan. Namely, there is a real possibility that the newly formed government in Afghanistan will not be willing to cooperate with the prosecution and provide the necessary evidence related to the crimes in question, which directly affects the importance of conducting proceedings before the International Criminal Court.
- Published
- 2023
6. ODREĐIVANJE MJESNE NADLEŽNOSTI OD STRANE VIŠIH SUDOVA U PARNIČNOM POSTUPKU U POJEDINIM PREDMETIMA.
- Author
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Dika, Mihajlo
- Abstract
Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
- Full Text
- View/download PDF
7. Criminal law aspects of piracy at sea according to the UNCLOS with reference to the Croatian legal system.
- Author
-
Buhovac, Maja, Pilić, Marko, and Jukić, Stipe
- Subjects
- *
MARITIME piracy , *CRIMINAL law , *CRIME , *JUSTICE administration , *INTERNATIONAL crimes ,UNITED Nations Convention on the Law of the Sea (1982) - Abstract
Piracy is traditionally one of the oldest forms of violation of international law and a global threat to maritime traffic. It is a serious international offense against which criminal protection is ensured in the domestic legal system, relying on the postulates of international maritime law, and in particular the Convention on the Law of the Sea. In this paper, the authors deal with the legal analysis of the incrimination of piracy at the international and national levels. In relation to the Republic of Croatia, the authors present recent regulations regarding this international criminal offense in the domestic legal system. This paper aims to point out the fundamental problems caused by the existing regulations regarding this international crime, especially when it comes to jurisdiction over piracy, universal jurisdiction, taking over criminal prosecution, etc. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
8. Policies in coastal wetlands: Key challenges.
- Author
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Mojica Vélez, José Manuel, Barrasa García, Sara, and Espinoza Tenorio, Alejandro
- Subjects
ENVIRONMENTAL impact analysis ,TERRITORIAL jurisdiction ,WETLAND management ,ENVIRONMENTAL policy ,WETLAND co-management ,SOCIAL learning - Abstract
The role of public policies in protecting coastal wetlands is gaining in prominence. The goal of this paper is to review the research themes and the key challenges of coastal wetlands policies. We found 259 papers that cover five research themes: development and impacts, territory, local population, governance, and management. Half of the papers are study cases from North America, and South and Southeast Asia. Regional patterns show that researchers in North America and West Europe focus on the themes of governance and management, while scientists in Latin America, Asia and Africa concentrate their efforts on development and impacts and local population. The paper concludes that development policies are affecting coastal wetlands by promoting or allowing urban and economic activities to grow out of control; territorial planning is mismatched with ecological dynamics and influenced by economic interests; the government must build adaptation and a collaborative, multilevel, and decentralized system to achieve the integration of local population in decision-making. Adaptation in the governance improves conservation, restoration, mitigation and compensation, which are significant factors considering the disastrous effects of climate change. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
9. Text-Driven Jurisdiction in Cyberspace
- Author
-
Mireille Hildebrandt
- Subjects
ius puniendi ,performative effect of acts ,written legal speech acts ,territorial jurisdiction ,legal powers ,Law - Abstract
In this paper I further develop a philosophy of technology for law and the rule of law, more specifi cally for the role of territorial jurisdiction in the protection against crime and against arbitrary use of the ius puniendi. In the face of the code- and data-driven nature of cyberspace I will discuss modern positive law as based on a text-driven jurisdiction and the main argument of the paper is that we cannot take for granted that the kind of legal protection that is offered by a text-driven criminal jurisdiction will hold in the context of cyberspatial challenges. In the fi rst section, I investigate how modern positive law-as-we-know-it was triggered by the technologies of cartography and the printing press, arguing that both modern democracy and the rule of law are affordances of these technologies, as they enabled the rise of an exclusive, monopolistic territorial jurisdiction. In the second section, I explore the scope of written legal speech acts, integrating speech act theory and philosophy of technology, explaining how the substantive and procedural principles of criminal law legality depend on the performative effect of written legal speech acts, highlighting their connection with the rise of territorial jurisdiction and the creation of an artifi cial, modern demos. In the third section, I discuss the new challenges of competing territorial jurisdictions that claim legal powers outside their territory, coupled by the challenges posed by new types of ‘brute jurisdictions’ that are based on the force of technological infrastructures that may overrule the performative effect of written legal speech acts. In the conclusions I call for keen attention to which affordances of cartography and the printing press we need to preserve in cyberspace to uphold criminal law principles such as the presumption of innocence, the right to a fair trial and the legality principle, taking note that preservation will require reinvention and imagination rather than taking for granted the mode of existence of text-driven jurisdiction.
- Published
- 2021
- Full Text
- View/download PDF
10. Territorial cohesion and regional development in the context of EU integration – the case of Macedonia.
- Author
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ROCHESKA, Slavica, ANGELESKI, Marjan, MILEVSKA, Marijana, and KOSTOSKA, Olivera
- Subjects
TERRITORIAL jurisdiction ,REGIONAL planning ,RURAL development ,COMMUNITY development ,FOREIGN relations of the European Union - Abstract
The strategic orientation and candidate status for accession to the European Union clearly point toward the country's European perspective. In this context, strengthening the territorial cohesion and balanced regional development become crucial for convergence with the EU integration process. Hence, this paper aims at a) disclosing the regional disparities of the country; b) identifying the state of situation in the field of territorial cooperation; c) perceiving potentials for the efficient use of the territorial resource. Secondary data of the last five years, the Official Journal and the Bureau for balanced regional development are used in order to assess the changes in disparity between the eight planning regions in Macedonia while implementing the new policy for balanced regional development. We provide testing for the correlation between the changes in development indices for the two consecutive periods and funds allocated for regional projects during the five-year policy implementation phase. [ABSTRACT FROM AUTHOR]
- Published
- 2014
11. Law of Anticipatory Bail in India with Special Reference to the Issue of Territorial Jurisdiction.
- Author
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Sahni, Shruti
- Subjects
TERRITORIAL jurisdiction ,LEGAL judgments ,CRIMINAL procedure ,JUDICIAL opinions ,APPELLATE courts - Abstract
In India, the Criminal Procedure Code 1973 provides protection to persons anticipating or fearing arrest. With this paper, the author aims to trace the evolution of law of anticipatory bail in India with special reference to the issue of territorial jurisdiction. It focusses on the landmark judgments of the Supreme Court and meanders its way through conflicting opinions of the Court. [ABSTRACT FROM AUTHOR]
- Published
- 2022
12. Fetal alcohol spectrum disorder diagnostic clinic capacity in Canadian Provinces and territories.
- Author
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Popova, Svetlana, Dozet, Danijela, Temple, Valerie, McFarlane, Audrey, Cook, Jocelynn, and Burd, Larry
- Subjects
FETAL alcohol syndrome ,CANADIAN provinces ,TERRITORIAL jurisdiction - Abstract
This study investigated the diagnostic capacity for Fetal Alcohol Spectrum Disorder (FASD) in multidisciplinary clinics across several provincial and one territorial jurisdictions of Canada: Alberta, British Columbia, Manitoba, Ontario and Northwest Territories. The data were collected directly from clinics capable of providing diagnoses of FASD and examined annual capacity for the assessment and diagnosis of FASD per year from 2015 to 2019. In total, 58 FASD diagnostic clinics were identified and 33 clinics participated in this survey. The study identified inadequate FASD diagnostic capacity in all participating jurisdictions. Based on the findings and the current population sizes, it is estimated that 98% of individuals with FASD are undiagnosed or misdiagnosed in Canada. Wait times for FASD diagnosis ranged from 1 month to 4.5 years across participating jurisdictions. The annual FASD diagnostic capacity in the select provinces and territories require at least a 67-fold increase per year. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
13. Institutional Innovations to Govern Environmental Water in the Western United States: Lessons for Australia's Murray-Darling Basin.
- Author
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Garrick, Dustin, Lane-Miller, Chelsea, and McCoy, Amy L.
- Subjects
WATER management ,TERRITORIAL jurisdiction ,SOCIOECONOMIC factors ,WATER supply management ,HYDROLOGIC models ,TECHNOLOGICAL innovations - Abstract
The commitment to recover water for the environment in the Murray-Darling Basin is unprecedented internationally. However, the use of water markets to reallocate water for the environment first occurred in the Western United States in the late 1980s as part of water reforms that remain ongoing. This paper explores lessons from institutional innovations in the Western United States, including design principles to coordinate environmental water management across jurisdictions and adapt to unintended consequences caused by socioeconomic and hydrologic interactions at multiple scales. Two decades of implementation experience in the Western United States suggest a middle path between top-down and bottom-up approaches: nested governance arrangements that invest in local institutional capacity while ensuring complementary state and federal roles for basin-scale integration and accountability. [ABSTRACT FROM AUTHOR]
- Published
- 2011
- Full Text
- View/download PDF
14. Destabilizing the identity—territory nexus: Rights-based discourse in Sri Lanka's new political geography.
- Author
-
Kleinfeld, Margo
- Subjects
POLITICAL geography ,CHILD soldiers ,HUMAN rights ,SOVEREIGNTY ,TERRORISM ,NATIONALISM ,TERRITORIAL jurisdiction ,CULTURAL nationalism - Abstract
This paper describes the changing discourses of territory in Sri Lanka and their utility in conflict relations. The primordial homeland has been at the center of Sri Lanka's armed struggle, in which both Sinhalese and Tamil nationalisms have used claims of ancient and ethnically determined territories to justify their right to self-determination, territorial sovereignty, and armed struggle. This identity-territory nexus based on historical argument has been destabilized in Sri Lanka, however. Scholarly findings suggest that historical linkages between ethnicity and territory in Sri Lanka are highly problematic and are no longer effectual means for adjudicating territorial desires in Sri Lanka and producing stable homelands. I argue that rights-based territorial discourses have emerged to enhance the old historical justifications for territorial authority. New narratives based upon fulfilling or denying human rights have been put to work linking authority to territory based upon moral fitness and unfitness, political legitimacy and illegitimacy, and ultimately, upon which political actor deserves to rule the territorially bound population under its control. The first part of the paper examines historical narratives linking national homelands to identity as well as scholarly work that deconstructs this linkage. In part two, external sovereignty and political legitimacy are discussed as the starting point for understanding how rights-based discourses justify territorial claims. In part three, accusations related to human rights violations are described as an important vehicle for shaming political adversaries, undermining their legitimacy, and making and unmaking territorial claims in Sri Lanka. [ABSTRACT FROM AUTHOR]
- Published
- 2005
- Full Text
- View/download PDF
15. Prosecuting and Punishing South Africans Who Participate in Foreign Armed Conflicts.
- Author
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Mujuzi, Jamil Ddamulira
- Subjects
MILITARY assistance ,TERRITORIAL jurisdiction ,NATIONAL security ,SOUTH Africans ,AUTHORS - Abstract
Media reports suggested that some South Africans were serving in the Israel Defence Forces in the war between Israel and Hamas in late 2023. The South African government threatened to prosecute them for their participation in the conflict. Section 198(b) of the South African Constitution provides that one of the principles governing national security in South Africa is that “[t]he resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally or internationally, except as provided for in terms of the Constitution or national legislation.” The Regulation of Foreign Military Assistance Act (1998) provides for the circumstances in which a South African citizen or permanent resident can, with authorisation, take part in an armed conflict in a foreign country. Failure to get authorisation or to comply with the condition(s) of the authorisation is an offence. The Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act, which is meant to repeal the Regulation of Foreign Military Assistance Act, is not yet in force. In this article, the author illustrates how South African citizens or permanent residents who participate in foreign armed conflicts can be prosecuted and punished. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
16. Conventional or alternative development? Varying meanings and purposes of territorial rural development as a strategy for the Global South.
- Author
-
Koop, K.
- Subjects
ECONOMIC development ,RURAL development projects ,TERRITORIAL jurisdiction ,PARTICIPATORY design ,GLOBALIZATION ,SPACE in economics ,DEVELOPING countries - Abstract
This paper discusses the increasing interest in the territorial dimension of rural development in the Global South. Adapting the local development approach of the 1970s to the changing context of globalization and to the competitiveness discourse, mainstream development agencies and scholars currently see territorial development (TD) as an attractive model for the integration of rural regions into globalization dynamics. However, territory serves not only conventional mainstream ideologies, but also post-development thinking. It is shown that territory has turned out to be a crucial element for social movements in the defense of alternative visions of modernity and in the constitution of life worlds outside the conventional development path. The analysis of the meaning development actors give the term territory and the focus on the purposes for which it is mobilized allows a variety of possible development paths for the rural South to be identified, thus going beyond the prevailing modernist vision. [ABSTRACT FROM AUTHOR]
- Published
- 2014
- Full Text
- View/download PDF
17. Le vicende antiquarie della Tavola bronzea con il rescritto di Domiziano ai Faleriensi.
- Author
-
Catani, Enzo
- Subjects
ANTIQUES business ,ROMAN bronzes ,ROMAN antiquities in Italy ,DECURIONS (Roman municipal government) ,TERRITORIAL jurisdiction - Abstract
Copyright of Il Capitale Culturale: Studies on the Value of Cultural Heritage is the property of Il Capitale Culturale Studies on the Value of Cultural Heritage and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2013
18. A MODEL FOR CALCULATING THE COEFFICIENT OF ACCESSIBILITY IN THE TRANSYLVANIAN ADMINISTRATIVE TERRITORIAL UNITS.
- Author
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OPREA, M. G.
- Subjects
HUMAN territoriality ,TERRITORIAL jurisdiction ,MOUNTAINS - Abstract
The present paper analyzes the essential aspects regarding the accessibility by applying an assessment model of the accessibility of the administrative territorial units (ATU) within Transylvania. The methodology used for the calculation of the accessibility coefficient is based on the analysis of the distance between point A and point B, calculating the distance based on satellite points. An analysis of the obtained results regarding the accessibility by road in different administrative territorial units, show that these units have recorded a higher coefficient such as Cluj- Napoca, Sibiu, Târgu Mureş, Huedin, Iernut, Teius, Alba Iulia, while other most inaccessible territorial units are located in the mountain areas of the Alba, Cluj, Bistriţa- Nāsāud, Harghita, Covasna and Hunedoara counties. Following the analysis of the obtained results regarding the accessibility we can calculate the accessibility level of relief units (eg. Trascāu Mountains - 7.4 points or Hârtibaciu Tableland - 6.17 points). The values obtained as a result of this analysis can be used in the future local, micro-regional or regional studies which will also comprise elements of accessibility. [ABSTRACT FROM AUTHOR]
- Published
- 2011
19. Local Service Delivery and Performance: The Development Approval Process in Jamaican Local Authorities.
- Author
-
Fong, William
- Subjects
LOCAL government ,TERRITORIAL jurisdiction ,QUANTITATIVE research ,DATA analysis ,GOVERNMENT agencies ,INTERNET in public administration ,POLITICAL change - Abstract
Copyright of Social & Economic Studies is the property of University of the West Indies - Mona and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2010
20. Sub-National Island Jurisdictions as Configurations of Jurisdictional Powers and Economic Capacity: Nordic Experiences from Åland, Faroes and Greenland.
- Author
-
Karlsson, Agneta
- Subjects
- *
ISLANDS -- Law & legislation , *TERRITORIAL jurisdiction , *RESOURCEFULNESS , *QUANTITATIVE research - Abstract
This paper is concerned with the relationship between jurisdictional powers and economic and innovative capacity in the context of sub-national island jurisdictions (SNIJs). The "jurisdictional powers thesis", prominent in the present island studies debate, is confronted and discussed with reference to an empirical, comparative, study of the three Nordic SNIJs: the Åland Islands, the Faroe Islands and Greenland. The paper takes as its point of departure an ideal-type SNIJ which is characterized by a good match between jurisdictional powers and economic capacity; it then analyzes the three cases in terms of this ideal-type. Three different types of configurations emerge, representing three types of "deviations" from the ideal-type SNIJ; these are discussed in terms of their development potentialities. [ABSTRACT FROM AUTHOR]
- Published
- 2009
- Full Text
- View/download PDF
21. COORDINACIÓN ENTRE ARENAS ELECTORALES EN PAÍSES CON SISTEMAS POLÍTICOS MIULTINIVEL.
- Author
-
LAGO, IGNACIO and RAMÓN MONTERO, JOSÉ
- Subjects
ELECTIONS ,LEGISLATIVE bodies ,TERRITORIAL jurisdiction ,PRACTICAL politics ,EMPIRICAL research ,POLITICAL parties ,POLITICAL participation ,REPRESENTATIVE government - Abstract
Copyright of Revista de Estudios Políticos is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2008
22. Territorial disparities, natural resource distribution, and land degradation: a case study in southern Europe.
- Author
-
Salvati, Luca and Zitti, Marco
- Subjects
TERRITORIAL jurisdiction ,NATURAL resources management areas ,LAND degradation ,GEOGRAPHIC boundaries ,ENVIRONMENTAL degradation ,NATURAL resources ,ECONOMIC history - Abstract
The aim of this paper is to analyse the territorial disparities in some socio-economic and environmental factors involved in land degradation (LD) processes in a dry Mediterranean region. A simplified framework in which ecological and economic factors may increase inequality in natural resource distribution along the elevation gradient and accelerate LD is illustrated. To test at a local scale if territorial disparities observed in such factors have increased in the last period, we studied changes in LD sensitivity over thirty years in Latium, central Italy, a region prone to soil degradation phenomena. An estimate of LD sensitivity at the municipality level was obtained through a synthetic index (ISD) composed by three partial indicators analysing respectively climate and soil conditions (CLI), land use characteristics (LAN), and human pressure (POP). ISD and the three partial indicators were computed separately for 1970 and 2000. The divergence in LD sensitivity among coastal and inland areas significantly increased over the study period. In the former zones, median ISD increased with a reduction in score variability among municipalities; the reverse pattern was observed in the latter zones. Differences in ISD score among the elevation gradient are especially due to human factors affecting land use changes and agriculture intensification. New findings to be achieved in the context of human impacts on the environment as an original contribution to the study of LD at a local scale were finally delineated. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
23. What makes territory important: tangible and intangible dimensions.
- Author
-
Dzurek, Daniel J.
- Subjects
TERRITORIAL jurisdiction ,HIERARCHIES ,BOUNDARY disputes ,SOVEREIGNTY ,INTERNATIONAL conflict ,TAXONOMY ,GEOGRAPHIC boundaries ,INTERNATIONAL relations - Abstract
Conflicts over territory have resulted in innumerable wars and other violent incidents, but the reasons that some territory is more highly valued or volatile than other areas may not be obvious. This paper demonstrates a taxonomy for analyzing international territorial disputes that seeks to capture their tangible and symbolic dimensions and to weigh them as the international community might. Twenty-six territorial disputes, including offshore areas and separatist issues, were examined and scored according to 15 criteria for objective prominence and 7 criteria related to how a country might view the dispute in terms of its national interest. The taxonomy used Saaty's Analytic Hierarchy Process to identify tangible and intangible properties, measure their interrelations, and produce intermediate and overall ranks. Each dispute was evaluated for prominence by examining intensifying (symbolic) factors, measures of magnitude, and characteristics that retard resolution. The magnitude of a dispute was judged to contribute the most to overall prominence, having twice the weight of the other two factors. The top five disputes in terms of prominence were the Kurdish issue, Kashmir, Tibet, Nagorno-Karabakh, and Xinjiang. The second hierarchy evaluated the disputes from the perspective of an international actor, in this case the United States. When judged by U.S. national interest, the most important factors were the deployment of U.S. forces in the claimant countries and if one of the claimants were a U.S. ally. Finally, the results from the two hierarchies were compared. [ABSTRACT FROM AUTHOR]
- Published
- 2005
- Full Text
- View/download PDF
24. Territoriality and the Governance of Cyberspace.
- Author
-
Kobrin, Stephen J.
- Subjects
CYBERSPACE ,TERRITORIAL jurisdiction ,ELECTRONIC commerce ,INTERNET ,TAXATION ,TECHNOLOGICAL innovations - Abstract
The issue of how to regulate transactions in cyberspace is central to the future of international electronic commerce. This paper is based on four assumptions: (1) the Internet and e-commerce cannot exist apart from the social order; (2) attempts to regulate the tax activities on the Internet through existing territorial jurisdiction will be problematic; (3) cyberspace and e-commerce are inherently international, thus any successful governance regime will involve significant and substantial international cooperation; and (4) effective governance of cyberspace will require public-private sector cooperation, i.e., hybrid or integrative schemes combing self-regulaton with government oversight and enforcement capabilities. The paper discusses the first three of these assumptions, then explores taxation in more detail as a case study that typifies the issue raised by e-commerce in a global context. Next, I develop a frame-work for understanding the governance of cyberspace as an evolving process involving growing formulization and an increase in the number of actors involved over time. The paper concludes with a discussion of several issues that require further research. [ABSTRACT FROM AUTHOR]
- Published
- 2001
- Full Text
- View/download PDF
25. Criminal law aspects of piracy at sea according to the UNCLOS with reference to the Croatian legal system1
- Author
-
Stipe Jukić, Marko Pilić, and Maja Buhovac
- Subjects
Territorial jurisdiction ,Croatian ,Universal jurisdiction ,Geography, Planning and Development ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,Ocean Engineering ,language.human_language ,Political science ,United Nations Convention on the Law of the Sea ,Law ,Criminal law ,language ,ComputingMilieux_COMPUTERSANDSOCIETY ,Piracy ,Criminal sanctions ,Engineering (miscellaneous) ,Social Sciences (miscellaneous) - Abstract
Piracy is traditionally one of the oldest forms of violation of international law and a global threat to maritime traffic. It is a serious international offense against which criminal protection is ensured in the domestic legal system, relying on the postulates of international maritime law, and in particular the Convention on the Law of the Sea. In this paper, the authors deal with the legal analysis of the incrimination of piracy at the international and national levels. In relation to the Republic of Croatia, the authors present recent regulations regarding this international criminal offense in the domestic legal system. This paper aims to point out the fundamental problems caused by the existing regulations regarding this international crime, especially when it comes to jurisdiction over piracy, universal jurisdiction, taking over criminal prosecution, etc.
- Published
- 2020
26. Presentation and Discussion Incidents Regarding the Competence of Fiscal Authorities In Code of Fiscal Procedure in Romanian Law
- Author
-
Nadia-Cerasela Anitei
- Subjects
Territorial jurisdiction ,Jurisdiction ,Law ,Title III ,Political science ,Common law ,General jurisdiction ,Legislation ,Legislature ,Civil procedure - Abstract
The enactment of the Code of Fiscal Procedure in 2003 represents a major step toward the unification of the Romanian fiscal legislation. Unfortunately, the Romanian Fiscal Law continues to be scattered, by the enactment of a plethora of legislative acts and regulations which intend to complete or modify the Code of Fiscal Procedure. This paper studies chapter I of the Third Title of the Code of Fiscal Procedure entitled “General Procedural Provisions”. This chapter provides for the general jurisdiction of the fiscal bodies. The authors define concepts such as: jurisdiction of the fiscal bodies, general jurisdiction territorial jurisdiction, jurisdiction on the secondary seats, territorial jurisdiction of the fiscal branches of the local public administration (as well as special jurisdiction by inference from the same notions used by the Civil Procedure Law (that is the common law for the interpretation and completion of the Code of Fiscal Procedure). The authors indicate which are the fiscal bodies with jurisdiction on the fiscal claims management as well as the fiscal bodies entitled to regulate the application of the legal fiscal provisions and to exercise the fiscal control. The paper highlights the legal gaps to be found in the provisions of Chapter I, Title III of the Code of Fiscal Procedure and tries to fill these gaps by de lege ferenda proposals.
- Published
- 2019
27. STATE SOVEREIGNTY AND SELF-DEFENCE IN CYBERSPACE
- Author
-
Pallavi Khanna
- Subjects
Territorial jurisdiction ,cyberspace ,Jurisdiction ,020209 energy ,media_common.quotation_subject ,Context (language use) ,02 engineering and technology ,sovereignty ,International law ,attribution ,State (polity) ,Sovereignty ,jurisdiction ,Political science ,0202 electrical engineering, electronic engineering, information engineering ,Cyber-attack ,Cyberspace ,self-defence ,international law ,Law ,Law and economics ,media_common ,cyber attack - Abstract
Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?
- Published
- 2018
28. Applying territorial impact assessment in a multi-level policy-making context – the case of Slovenia.
- Author
-
Golobič, Mojca, Marot, Naja, Kolarič, Špela, and Fischer, Thomas B.
- Subjects
- *
TERRITORIAL jurisdiction , *SOCIAL impact assessment , *POLICY sciences - Abstract
Territorial impact assessment (TIA) aims at informing policy-makers on the policy impacts on different geographical areas (‘territorial units’). This paper presents a methodology for TIA which was tested on four European Union (EU) directives and their likely impacts on territorial units in Slovenia. This involved clustering Slovenian statistical (NUTS 3) regions according to their policy-relevant characteristics. The evaluation framework was reflecting the specific territorial cohesion objectives at corresponding governance levels (EU, national, local). This exercise indicates that there are some significant differences among Slovenian regions for different impacts, which become somewhat blurred when aggregated. Furthermore, the meaning of impacts differs depending on the governance level from which they are viewed. We conclude that important differences may be lost when impacts are generalized in policy assessments. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
29. ANALYSIS OF THE DYNAMICS OF THE FOREST SURFACES IN THE COUNTY OF IASI BETWEEN 1990 AND 2012.
- Author
-
Cojinovschi, Alina Daniela and Rusu, Eugen
- Subjects
FOREST dynamics ,DATA quality ,AUTOCORRELATION (Statistics) ,SPATIAL analysis (Statistics) in historical geography ,TERRITORIAL jurisdiction - Abstract
The main dynamics that shaped the evolution of the forest surfaces between 1990 and 2012, in the county of Iaşi, are related to the legislative context and to the territorial reforms that affected the district limits. Analyzing these mechanisms in a geographical context shows that these trends are also related to the spatial frame. This study emphasizes that moderate negative coefficients of spatial and territorial autocorrelation can also describe these trends, suggesting that these evolutions are rather chaotic at local scale. This aspect makes us suspect that the loss of forest surfaces in each district is not only dependent on the economic, social and legislative context of the transition period, it is also subject to geographical factors. Analyzing these factors is the main intention of our study because they can provide us a better understanding of the extremely complicated frame of forest dynamics in the study area. [ABSTRACT FROM AUTHOR]
- Published
- 2014
- Full Text
- View/download PDF
30. ANALIZA ACTIVITĂŢILOR ECONOMICE ǏN ZONA COSTIERǍ A MǍRII NEGRE.
- Author
-
BURTEA, Cristina, CHICOŞ, Alina, and PELEANU, Ion
- Subjects
- *
TERRITORIAL jurisdiction , *INTEGRATED coastal zone management , *TOURISM , *REGIONAL economic disparities , *SUSTAINABLE development - Abstract
The Spatial Development Plan of the Romanian Black Sea Coastal Area committed by the Ministry of Regional Development and Tourism for the Romanian Black Sea Coastal Area is meant to provide the territorial planning framework for the future implementation of Integrated Coastal Zone Management. This paper focuses on the analysis of the territorial spread of economic performance in various business sectors and, in particular of activities linked to tourism as one significant source of revenue in the area. The analytical method used proves to be a useful tool to identify the specific spatial pattern of structural profiles and employment within the network of urban and rural settlements while highlighting particular spatial disparities as compared to local resources. [ABSTRACT FROM AUTHOR]
- Published
- 2012
31. Identités collectives à la frontière.
- Author
-
AMILHAT SZARY, Anne-Laure
- Subjects
INDIGENISM ,POPULATION research ,TWENTIETH century ,TERRITORIAL jurisdiction ,GROUP identity - Abstract
Copyright of Civilisations is the property of Institut de Sociologie - ULB and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2011
- Full Text
- View/download PDF
32. La participation de la Confédération Indigène de Bolivie.
- Author
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LACROIX, Laurent
- Subjects
POLITICAL science ,ETHNOPSYCHOLOGY ,CULTURAL pluralism ,TERRITORIAL jurisdiction ,SOCIAL advocacy ,INDIGENOUS rights - Abstract
Copyright of Civilisations is the property of Institut de Sociologie - ULB and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2011
- Full Text
- View/download PDF
33. SYSTEM OF INDICATORS TO ANALYZE REGIONAL DEVELOPMENT DISPARITIES IN ROMANIA.
- Author
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Dobrin, Marinică, Tache, Antonio, and Petrişor, Alexadru Ionuţ
- Subjects
SPATIAL systems ,CENTRAL economic planning ,TERRITORIAL jurisdiction ,COMMUNITY development ,REGIONAL disparities ,GEOGRAPHIC information systems ,ECONOMIC indicators - Abstract
The orientation of spatial development policies in Romania is governed by the directions established in the European Union by the Lisbon and Gothenburg Strategies and the ESPON Program, and nationally by the principles of the Regional Operational Program and the National Plan of Development. The monitoring of their implementation and the study of their territorial effects require the development of advanced techniques and instruments for the spatial planning of the national, urban and rural territory in order to strengthen the administrative capacity to absorb structural and cohesion funds, as well as the use of informational technology to monitor the development level of Romania with respect to regional development. A set of regional development indicators was proposed for each region, and embedded in a Geographical Information System. This paper synthesizes the results of analyses and proposes actions that should govern regional development in Romania. [ABSTRACT FROM AUTHOR]
- Published
- 2010
34. Avances de legislación sobre Responsabilidad Social Empresaria en Argentina.
- Author
-
Blazquez, Miguel, Peretti, María Florencia, and Buraschi, Mónica
- Subjects
- *
SOCIAL responsibility of business -- Law & legislation , *CORPORATE culture , *TERRITORIAL jurisdiction , *LOCAL laws , *ENTREPRENEURSHIP - Abstract
The purpose of this paper is, on the one hand, to disclose the legislative actions that Argentine Government its different jurisdictions has undertaken about Corporate Social Responsibility in; and, on the other hand, to set the authors' point of view as regards its future development. Considering the fact that there is no a comprehensive national legislation about this subject, some local laws and initiatives are taken as example. One of them is Act No. 2594 by Legislatura de la Ciudad Autónoma de Buenos Aires, which demands companies to publish entrepreneurial social reports. Another source is national Act No. 25877 and its modification proposals, which deals with Working Regime Order in relation to Social Report publications. Besides, another regulatory project about the topic from Municipalidad de San Carlos de Bariloche is taken into account. [ABSTRACT FROM AUTHOR]
- Published
- 2010
- Full Text
- View/download PDF
35. DEVELOPMENT DISPARITIES IN THE ADMINISTRATIVE-TERRITORIAL UNITS IN ROMANIA.
- Author
-
Dobrin, Marinică, Tache, Antonio, and Petrişor, Alexandru-Ionuţ
- Subjects
RESEARCH methodology ,REGIONAL planning ,TERRITORIAL jurisdiction ,INFORMATION resources management ,INFORMATION technology ,EUROPEAN Union politics & government ,COMMUNITY development ,DEVELOPMENT assistance program administration - Abstract
The paper summarizes methods, data and information used for the research project "OpenGIS system informational for monitoring the impact of spatial planning policies - GISTEREG". The problems proposed for resolution refer to the current planning issues of the national territory, involving: (a) developing advanced techniques and instruments for the spatial planning of national, urban and rural areas in order to strengthen the administrative capacity of accessing structural and cohesion funds (b) utilize information technology for monitoring the level of development in Romanian spatial planning according to the development guidelines of the European Union, established through Lisbon and Gothenburg strategies. Consequently, a set of proposed indices specific to regional development accounted for the administrative units and regions were transposed in a geographic information system. Using mathematical evaluation and prognosis models (ELECTRE ranking method) "hierarchies" were established for groups of territorial indicators, displayed in charts and maps underlining the socioeconomic development disparities among different regions of Romania. [ABSTRACT FROM AUTHOR]
- Published
- 2010
36. Cooperación y desarrollo territorial en el espacio fronterizo del norte de Marruecos.
- Author
-
Lara, Enrique López
- Subjects
- *
BORDERLANDS , *INTERNATIONAL cooperation , *TERRITORIAL jurisdiction , *EMIGRATION & immigration - Abstract
The North of Morocco, like border regional space with Spain and the European Union, is object of an intense process of promotion of policies and programs of cooperation of diverse institutions (UN, European Union, agencies of co-operation, among others) that have interests in the zone, such as: fortification of a growth, safety ring in a strategic zone of the rent by the existence of a high step between neighbors, creation of a new policy of vicinity based on semi-integration, reduction of the emigration, etcetera. Question that agrees with a determined policy of the Moroccan government to re-launch socially and economically this space: process of regionalization and dowry of institutions (Agency for the Promotion of the Development in the Regions of the North), design of a strategy of growth based on the human development, and more. This paper analyzes the reasons of this process, the geographic reality and the socioeconomic characterization of the border area. At the same time, it diagnoses the weaknesses and opportunities for the joint of new policies of cooperation and development for the actors who look for a territorial development in this border area, today in crisis. [ABSTRACT FROM AUTHOR]
- Published
- 2008
- Full Text
- View/download PDF
37. An Alternate Model for First Nations Involvement in Resource Management Archaeology.
- Author
-
Budhwa, Rick
- Subjects
- *
INDIGENOUS peoples , *TERRITORIAL jurisdiction , *TERRITORIAL partition , *ARCHAEOLOGY , *TREATIES - Abstract
The Wet' suwet'en are currently struggling to affirm their Aboriginal and territorial rights through the British Columbia treaty process. While this process continues, resource extraction activities remove large volumes of culturally important resources. At present, very few areas of the their territory have not been impacted by logging or mining development. Understandably, the Wet'suwet'en feel a sense of urgency regarding the conservation and protection of their natural and cultural resources. This paper examines how the Wet'suwet'en adapted the existing archaeological process within the resource management industry to better reflect their vision and cultural values. The creation of non-legislated policy and protocol agreements with various industry and government entities, combined with the Wet'suwet'en Territorial Stewardship Plan (WTSP), has allowed this First Nation to centrally position themselves in the archaeological process, which did not adequately address their needs. The primary result has been greater Wet'suwet'en involvement in decisions made regarding the management of their cultural resources. [ABSTRACT FROM AUTHOR]
- Published
- 2005
38. Consideraciones normativas sobre las cláusalas de jurisdicción insertas en conocimientos de embarque a la luz de la jurisprudencia de las audiencias provinciales
- Author
-
Francisco de Borja Langelaan Osset
- Subjects
Territorial jurisdiction ,Jurisdiction ,Conocimiento de embarque ,Derecho ,Competencia territorial ,Bill of lading ,Competencia internacional ,Plea ,Order (business) ,Law ,Political science ,Condiciones generales de la contratación ,Cláusulas de jurisdicción ,Substantive law ,Consumidores y usuarios ,General Agricultural and Biological Sciences - Abstract
Las cláusulas de jurisdicción insertas en conocimientos de embarque plantean cuestiones problemáticas tanto de Derecho procesal como de Derecho sustantivo. Aquellas se concentran en sede de recurso de apelación contra la declinatoria de jurisdicción internacional que el porteador propone en base al conocimiento de embarque. En este sentido, el apelante se sirve tanto de fundamentos procesales como sustantivos para intentar anular la cláusula de jurisdicción. En primer lugar, el trabajo se centra en la Ley de Enjuiciamiento Civil, cuya regulación sobre competencia territorial es alegada con cierta frecuencia. Seguidamente, se habla de la Ley de Condiciones Generales de la Contratación y de la Ley General para la Defensa de los Consumidores y Usuarios, cuya normativa tuitiva del consumidor también es alegada para dejar sin eficacia la cláusula de jurisdicción contenida en el conocimiento. Se cierra el trabajo con una reflexión sobre el idioma de redacción de las cláusulas y sus consecuencias, Jurisdiction clauses in Bills of Lading pose troubling questions of both Procedural and Substantive Law. Those problems converge within the appellate procedure against the plea of international jurisdiction that the carrier brings based on the Bill of Lading. Accordingly, the appellant uses both procedural and substantive law grounds in order to try to override the jurisdiction clause. Firstly, the paper focuses on the Civil Procedural Act, whose territorial jurisdiction provisions are invoked with a certain frequency. Subsequently, the paper tackles the General Contracting Terms Act and the Consumers and End-Users Act, whose protective end-user’s provisions are also used to override the jurisdiction clause in the Bill of Lading. The paper ends with a refl ection on the clauses drafting language and its consequences
- Published
- 2019
39. The European Legal Framework on Electronic Evidence
- Author
-
Mifsud Bonnici, Jeanne Pia, Tudorica, Melania, Cannataci, Joseph A., Biasiotti, Maria Angela, Cannataci, Joe, Turchi, Fabrizio, Transboundary Legal Studies, and Protecting European Citizens and Market Participants
- Subjects
Territorial jurisdiction ,Consumption (economics) ,Information providers ,Process (engineering) ,business.industry ,Internet privacy ,Criminal law ,The Internet ,electronic evidence ,Business ,Electricity ,Variety (cybernetics) - Abstract
More and more, “electronic evidence”, defined as “any of potential probative value that is manipulated, generated through, stored on or communicated by any electronic device”, plays an important role in criminal trials. This is not surprising given that most of the activities we take part in daily are captured in an electronic way, for example, our electricity consumption is registered electronically by smart meters, our smart mobile phones store information on our calls, messaging, Internet behavior, lifestyle choices, etc., all of which may have some potential probative value in a criminal trial. Apart from, or because of, its particular nature, electronic evidence is not necessarily linked to the same territorial jurisdiction as where an alleged crime would have taken place or is being investigated. This paper focuses on three aspects of this cross-border nature: (a) where it may be due to the information provider “recording” the information; (b) where the actual digital information is stored; (c) where the crime itself has a cross-border nature. This paper reflects on these three effects of this “cross-border” nature of electronic evidence when regulating electronic evidence in the criminal law process. This paper shows how current national and international legal frameworks are insufficient to meet with the current needs. Further it is argued that solving the current shortcomings is not merely a matter of introducing new agreements but is more complex, needing new theoretical frameworks and the collaboration of a large variety of actors.
- Published
- 2018
40. LA DETERMINAZIONE DELLA COMPETENZA TERRITORIALE DA PARTE DELLE CORTI SUPERIORI NEL PROCEDIMENTO CIVILE IN SINGOLE MATERIE
- Author
-
Mihajlo Dika
- Subjects
Marketing ,Territorial jurisdiction ,mjesna nadležnost ,nužna delegacija mjesne nadležnosti ,svrhovita delegacija mjesne nadležnosti ,ordinacija mjesne nadležnosti ,Economics and Econometrics ,Jurisdiction ,General Chemical Engineering ,Political science ,Law ,competenza territoriale ,l'istituto della delegazione necessaria di competenza ,istituto della delegazione funzionale di competenza ,istituto dell’ordine della competenza territoriale ,örtliche Zuständigkeit ,notwendige Delegation örtlicher Zuständigkeit ,zweckmäβige Delegation örtlicher Zuständigkeit ,Ordination örtlicher Zuständigkeit ,General Materials Science ,territorial jurisdiction ,necessary delegation of territorial jurisdiction ,purposeful delegation of territorial jurisdiction ,ordination of territorial juris - Abstract
Predmet rada su tri instituta kojima se uređuje određivanje mjesne nadležnosti od strane viših sudova u parničnom postupku u pojedinim predmetima – institut tzv. nužne delegacije nadležnosti, institut tzv. svrhovite delegacije nadležnosti te institut tzv. ordinacije nadležnosti. Prigodom obrade svakog od navedenih instituta nastoji se odrediti njihov pojam, pretpostavke i pravni učinci njihove primjene. Nastoji se upozoriti i na mogućnost njihove funkcionalne interferencije te potrebu razgraničenja u primjeni. Posebno je istaknut utjecaj relativno recentnih intervencija u uređenje organizacije sudova i njihove nadležnosti na njihovo praktično značenje., The paper analyses three legal terms which regulate the determination of jurisdiction by a higher court in civil proceedings: necessary delegation of jurisdiction, purposeful delegation of jurisdiction and ordination of jurisdiction. An attempt is made to determine the meaning of these terms as well as their prerequisites and their legal effects. The paper also points to the potential functional interference between these concepts and thus suggests that there is a need to delimit the scope of their application. Special emphasis is also given to the influence of relatively new changes in the field of organisation and jurisdiction of courts upon the practical application of those concepts., Die Arbeit bespricht drei Rechtsinstitute, welche die Bestimmung örtlicher Zuständigkeit im Zivilprozess durch das im Rechtszug zunächst höhere Gericht regulieren: das Institut der sog. notwendigen Delegation der Zuständigkeit, das Institut der sog. zweckmäβigen Delegation der Zuständigkeit und das Institut der sog. Ordination der Zuständigkeit. Bei der Besprechung genannter Institute versucht man, diese Begriffe, ihre Voraussetzungen und Rechtsfolgen zu bestimmen. Man weist auch auf potentielle funktionale Interferenz zwischen diesen Begriffen und auf die Notwendigkeit der Einschränkung ihrer Anwendung hin. Besonderen Wert legt man in der Arbeit auf den Einfluss neuester Änderungen im Bereich der Gerichtsverfassung und Gerichtszuständigkeiten auf die Anwendung dieser Rechtsinstitute in der Praxis., L'oggetto del presente lavoro è costituito da tre istituti mediante i quali si disciplina la determinazione della competenza territoriale da parte delle corti superiori nel procedimento civile in singole materie: l'istituto della c.d. delegazione necessaria di competenza; l'istituto della c.d. delegazione funzionale di competenza e l'istituto del c.d. ordine di competenza. In occasione dell’analisi di ciascuno di questi istituti si tenta di determinare la loro nozione, i loro presupposti e gli effetti giuridici della loro applicazione. Si cerca di segnalare la possibilità della loro interferenza funzionale, come anche la necessità della loro distinzione nell’applicazione. Viene particolarmente sottolineata l’influenza degli interventi relativamente recenti nella disciplina dell’organizzazione delle corti e della loro competenza rispetto alla loro portata.
- Published
- 2018
41. Enforcing international human rights treaties in Nigerian courts: new frontiers for internationalization
- Author
-
enya matthew nwocha
- Subjects
International law ,domestic jurisdiction ,enforcement mechanism ,territorial jurisdiction ,Law - Abstract
This paper has discussed the various kinds and nature of international treaties as well as their enforcement methods. It has raised and examined Nigerian attitude towards implementation of international treaties particularly by its courts. It has equally made the case that Nigerian courts should be more conscious of the need to enforce international treaties to which Nigeria is a signatory including those that Nigeria in under obligation as a member of the international community to implement within its territorial jurisdiction.
- Published
- 2019
- Full Text
- View/download PDF
42. A rational jurisdiction for cyber terrorism
- Author
-
Pardis Moslemzadeh Tehrani and Nazura Abdul Manap
- Subjects
Territorial jurisdiction ,Jurisdiction ,Computer Networks and Communications ,Universal jurisdiction ,media_common.quotation_subject ,Geopolitics ,General Business, Management and Accounting ,State (polity) ,Law ,Political science ,Terrorism ,Cyber crime ,Cyberspace ,media_common - Abstract
Cyberspace is a cross-national world that transcends geopolitical national borders. Jurisdiction is the focal point for any dispute arising in the international arena, because it determines which state court has the authority to settle a dispute. The objective of this paper is to analyse territorial and universal jurisdiction principles which can be specifically related to cyberspace to determine which of them is best suited to providing the appropriate jurisdiction in combating cyber terrorism and how conflicts arising between them can be settled. The transnational nature of cyber terrorism offences leads to jurisdictional complexity, thereby investigation and prosecution is difficult. Lack of harmonisation in legislating among countries leads to difficulty in investigation and prosecution of cyber terrorism offences. This paper notes that universal jurisdiction is the most feasible and effective method to deter cyber terrorism.
- Published
- 2013
43. Dimensions of territorial conflict and resolution: tangible and intangible values of territory.
- Author
-
O'Lear, Shannon, Diehl, Paul F., Frazier, Derrick V., and Allee, Todd L.
- Subjects
PREFACES & forewords ,TERRITORIAL jurisdiction - Abstract
The article discusses various reports published within the issue, including one by Daniel Dzurek on tangible and intangible dimensions of territorial disputes and another by Kathy Powers on the role of resources in conflict and peace-building
- Published
- 2005
- Full Text
- View/download PDF
44. Jurisdiction in Offshore Submerged Lands and the Significance of the Truman Proclamation in Postwar U.S. Foreign Policy.
- Author
-
Margolies, Daniel
- Subjects
TERRITORIAL jurisdiction ,SUBMERGED lands ,FOREIGN relations of the United States ,NATIONAL territory ,SOVEREIGNTY - Abstract
The article examines the importance of the proclamation by U.S. President Harry S. Truman of the U.S.' jurisdiction and control over the offshore continental shelf and its subsoil resources in 1945. Also cited are the claim by the U.S. Geologic Survey (USGS) that the Truman Proclamation opened a new area for geological exploration and mineral exploitation, how the proclamation transformed the conceptions of governance, sovereignty, space, and territory in the U.S., and how the proclamation led to the adoption of the United Nations (UN) Conventions on the Law of the Sea.
- Published
- 2020
- Full Text
- View/download PDF
45. Territorial Contenders in World Politics.
- Author
-
Lemke, Douglas and Crabtree, Charles
- Subjects
INTERNATIONAL relations ,TERRITORIAL jurisdiction ,SOVEREIGNTY ,CIVIL war ,LEGITIMACY of governments ,SEPARATISTS - Abstract
Territorial contenders are political entities that control territory but differ from sovereign states in that they lack diplomatic recognition as legal members of the international system. One consequence of this difference is that international relations data sets have historically excluded information about them. And yet, as evidenced by the Islamic State's impact on politics in the Middle East and beyond, territorial contenders are important actors in the international system. In this article, we introduce a new data set of territorial contenders, compare territorial contenders to other categories of territorial nonstate actors, explore how the presence of territorial contenders affects the probabilities of civil war and state failure, illustrate the conditions under which territorial contenders are more likely to emerge, and discuss a series of studies now possible given the existence of this new data set. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
46. Territorial Rights, Political Association, and Immigration
- Author
-
Sune Lægaard
- Subjects
Territorial jurisdiction ,Freedom of association ,media_common.quotation_subject ,Immigration ,Philosophy ,Politics ,Self-determination ,State (polity) ,Argument ,Law ,Sociology ,Legitimacy ,media_common ,Law and economics - Abstract
Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom.
- Published
- 2013
47. From Territorial Peace to Territorial Pacification: Anti-Riot Police Powers and Socio-Environmental Dissent in the Implementation of Colombia's Peace Agreement.
- Author
-
Olarte-Olarte, María Carolina
- Subjects
PEACE treaties ,RIOTS ,PUBLIC demonstrations ,TRANSITIONAL justice ,TERRITORIAL jurisdiction ,COLOMBIAN politics & government - Abstract
Copyright of Revista de Estudios Sociales is the property of Universidad de los Andes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2019
- Full Text
- View/download PDF
48. Recognizing Indigenous Miskitu Territory in Honduras.
- Author
-
Herlihy, Peter H. and Tappan, Taylor A.
- Subjects
TERRITORIAL jurisdiction ,LAND titles ,MISKITO (Central American people) ,INDIGENOUS peoples ,HUMAN territoriality ,HABITATS ,PROTECTED areas - Abstract
For five decades, indigenous Miskitu communities have fought for legal title of their lands in the Muskitia region of eastern Honduras. The central geopolitical force of this territorial movement has been the Miskitu federation, MASTA (Muskitia Asla Takanka, or Unity of Muskitia). This descriptive case study shows how Miskitu engagement with state and other actors, amid a sea of powerful and sometimes dangerous local and global forces, has led to the peaceful development of twelve new indigenous territorial jurisdictions (ITJs). These ITJs, called concejos territoriales (CTs) or territorial councils, have newly designed intercommunity titles that recognize the overlapping land uses and broader functional habitats (subsistence zones) of Miskitu communities. These features—inherent in their customary practices—were first plotted through participatory research mapping (PRM) in 1992 and thereafter becoming requisites for titling. The Miskitu example demonstrates how indigenous territoriality can be peacefully accommodated within the context of the state. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
49. The conceptualization of the costs projections of metropolis' space dysfunctionality.
- Author
-
Lityński, Piotr
- Subjects
TERRITORIAL jurisdiction ,GOVERNMENT corporations ,METROPOLITAN areas ,STRATEGIC planning ,AMORTIZATION - Abstract
Aim/purpose - The conceptualization of the estimation of spatial dysfunctionality costs. Design/methodology/approach - An innovative method of estimating costs due to spatial dysfunctionality was proposed, including costs directly incurred and the time lost. Findings - A modern system of integrated planning requires costs projections that justify the necessary changes in space and convince the public and competently independent territorial authorities in the metropolis to take them accordingly. The dysfunctionality of space exposes a society to high costs. On the example of the Cracow Metropolitan Area, costs only from commuting to work amount to PLN 114.7 billion (2018-2030). Research implications/limitations - The results of research indicate the geographical directions in which the investments of public authorities operating in the metropolitan area should concentrate. For the accuracy of the projections presented, it would be essential to increase the frequency and scope of Central Statistical Office research on commuting to work. Originality/value/contribution - The presented study is part of a few Polish studies in the field of estimating the costs of spatial phenomena - especially in terms of mobility costs. The proposed method of the research attempts to fill the gap in estimating the costs of commuting by taking into account the costs of car amortization. Thus far, research in the field of travel costs has focused merely on fuel costs. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
50. Contested terrains: Cities and hinterlands in post-apartheid boundary delimitations
- Author
-
Frédéric Giraut, Brij Maharaj, Pacte, Laboratoire de sciences sociales (PACTE), Université Pierre Mendès France - Grenoble 2 (UPMF)-Université Joseph Fourier - Grenoble 1 (UJF)-Sciences Po Grenoble - Institut d'études politiques de Grenoble (IEPG)-Centre National de la Recherche Scientifique (CNRS), Développement local urbain. Dynamiques et régulations (DEVLOC), Geography Department University of KwaZulu-Natal-Pietermaritzburg (UKZN PM), University of KwaZulu-Natal (UKZN), Appel d'offre FAC-CODESRIA en sciences sociales, Appel d'offre Franco-Sud Africain de Recherche, and Giraut, Frédéric
- Subjects
Territorial jurisdiction ,Restructuring ,Political geography ,postapartheid ,Geography, Planning and Development ,0211 other engineering and technologies ,0507 social and economic geography ,territorial restructuring ,02 engineering and technology ,Politics ,Development economics ,Sociology ,chef-lieu ,05 social sciences ,1. No poverty ,021107 urban & regional planning ,recomposition territoriale ,Metropolitan area ,petites villes ,Redistribution (election) ,villes secondaires ,Political economy ,Local government ,municipalite ,demarcation ,afrique du sud ,[SHS] Humanities and Social Sciences ,Rural area ,050703 geography - Abstract
In South Africa attempts are being made to address the socio-spatial distortions of the apartheid era through a more equitable distribution of resources, and the re-drawing of municipal geographical boundaries. However, boundaries are not neutral geographic lines. Boundary changes are often associated with a redistribution of political power and resources. The aim of this paper is to analyse the effects of the contemporary territorial and administrative restructuring on urban dynamics in South Africa. More specifically, the focus is on how the process of territorial restructuring impacted on metropolitan areas as well as on secondary cities and their hinterlands. Examining and elucidating the manner in which various social, economic and political forces have manifested themselves in the process of boundary delimitation in a major metropolitan centre as well as adjacent rural areas is a central theme of this paper. There were considerable contestations over the delimitation of new local government boundaries. Affluent metro authorities like that in Durban were opposed to the spatial extension of their boundaries because of the costs of the providing services and infrastructure in the deprived margins. Similarly, there was concern that incorporation of rural areas will result in increased municipal service charges being imposed on these communities. Tensions were heightened between urban and rural regions because traditional leaders believed that their territorial jurisdiction and authority were being undermined. In other parts of the country, the merger of traditionally white and black fragments of secondary cities often resulted in many black locations continuing to be marginalized. There appears to be neither the political will nor the economic capacity to upgrade these zones of marginalized urban communities. While the Municipal Demarcation Board was largely successful in eliminating the political geography of apartheid at a macro- scale, this paper suggests that the greater challenge for government and policy makers is to reduce the socio-spatial and economic inequalities which appears to be still very high and perhaps increasing.
- Published
- 2002
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