Suchergebnisse

This article uses the research from Kal Raustiala's book, Does the Constitution Follow the Flag? : The Evolution of Territoriality in American Law, and the research from several of my articles on extraterritorial applications to explain how the United States has used the regulatory tool, extraterritoriality, since the time of the American Founding and how such use has differed as the United States gained power. The manner by which the United States has relied on extraterritoriality has differed depending on a particular era of history. For instance, this article articulates five eras that have characterized the U.S. decision-making process for extraterritoriality: cautionary, progressive, indiscriminate, withdrawal, and arbitrary. The United States within each era has embraced certain customary principles more than others such as sovereignty, territorialism, international comity, and global constitutionalism. Its reliance on these principles is volatile and changes in each era. What is remarkable is the extent to which the United States has and has not considered international issues as a part of its practice of utilizing extraterritoriality. As a young nation, the United States greatly clung to notions of sovereignty and territorialism and eschewed extraterritoriality because it was not strong enough to exert such power nor could it handle an invasion from another foreign power. Sovereignty and territorialism gave the United States the peace of mind and security against an uprising. International considerations were prominent and commonplace in the early eras. But as the nation grew in strength throughout each successive era, it no longer needed the bedrock of sovereignty and territorialism to safeguard it from other foreign powers. The United States instead sought to inject its laws extraterritorially and engage in global policing. Its rise in economic and political power gave it the strength to do so. Extraterritorial regulation was on the rise. However, the more its use of extraterritoriality rose, the more domestic struggles the United States encountered, which led to arbitrary judicial decisions and policy-making. Further, during the later eras, the United States relied less and less on international considerations and engaged in withdrawal tactics, causing some to view its behavior as hegemonic. There is a great imperative of examining history with the law. How U.S. history and politics can inform the future of the law is critical. The findings laid out within this article will serve a starting point for future research regarding potential future eras.

State monopoly in education and medicine is paradoxically supported by many teachers and doctors. Andrew Melnyk argues that they should use the insights of 'public choice'to push for the removal of state domination of their employment.

The Internet has had a significant impact on the world, possesses the ability to transnational activities in ways that are beyond traditional governing bodies; yet, the internet is still subject to state control. This article discusses issues surrounding the effectiveness of state control & regulation of Internet around the world. Goger, C.

The challenges facing the nation-state in contemporary Africa are increasingly attracting the attention of scholars interested to understand how the decomposition and recomposition of popular political identities on the continent are affecting the post-colonial unitary project. The studies presented in this volume show that the challenges to the post-colonial nation-state project in Africa have mainly taken ethno-regionalist, religious and separatist forms. These challenges have been shaped by the long drawn-out economic crisis, zero-sum, market-led structural adjustment, and the legacy of decades of political authoritarianism and exclusion that dates from the colonial period. The contributors to this book present different suggestions to promote national unity and a supporting civic identity in Africa. ; CONTENTS: 1. The Crisis of the Post-Colonial Nation-State Project in Africa / Liisa Laakso and Adebayo O. Olukoshi -- 2. Changing Notions of the Nation-State and the African Experience: Montesquieu Revisited / Liisa Laakso -- 3. The Weakness of "Strong States". The Case of Niger Republic / Jibrin Ibrahim -- 4. The Deepening Crisis of Nigerian Federalism and the Future of the Nation-State / Adebayo O. Olukoshi and Osita Agbu -- 5. Ghana: Violent Ethno-Political Conflicts and the Democratic Challenge / E.O. Akwetey -- 6. The Nation-State Project and Conflict in Zimbabwe / Lloyd M. Sachikonye -- 7. The National Question in Zaire: Challenges to the Nation-State Project / Ernest Wamb-dia-Wamba -- 8. Christianity and Islam Contending for the Throne on the Tanzanian Mainland / Nestor N. Luanda -- 9. Resuscitating the Majimbo Project: The Politics of Deconstructing the Unitary State in Kenya / Mutahi Ngunyi

THIS EXPLORATORY ARTICLE PRESENTS A TYPOLOGY OF MANDATES AND DISCUSSES THE EXTENT TO WHICH MANDATES ARE IMPLEMENTED, EXAMINES BRIEFLY THE FINANCIAL BURDEN OF MANDATES, SUMMARIZES STATE CONSTITUTIONAL PROVISIONS RELATIVE TO MANDATES, AND SUGGESTS ALTERNATIVES TO STATE FUNDING OF COSTS IMPOSED BY MANDATES.

Globalization is the watchword of the moment. Does it mean the irresistible sway of markets over states -- or are welfare regimes in Europe or dirigiste governments in East Asia still potentially robust? Neither, Leo Panitch argues: the reality is an unprecedented dominance of the United States over world capital flows & allied political systems alike. Adapted from the source document.

Contributors to this volume highlight the failure and socio-economic and political problems of post-colonial African state and make constructive and convincing suggestions of how the problems can be addressed. They do not argue for the scrapping of the state but its reconstitution in ways that will enable it to be people's-oriented

A CRITIQUE OF THE RESEARCH ON STATE LEGISLATURES, THIS ARTICLE DESCRIBES SOME OF THE QUESTIONS ABOUT THE LEGISLATIVE PROCESS RAISED BY LEGISLATORS WHO SEEK INFORMATION FROM THE NATIONAL CONFERENCE OF STATE LEGISLATURES.

part Part I Prologue to Democracy and Religious Freedom -- chapter 1 European Influences -- chapter 2 Colonial America -- part Part II The Republic, Religious Freedom, and Church and State -- chapter 3 The Founding and the Founders -- chapter 4 The Early Republic -- chapter 5 The Nineteenth Century -- part Part III Church and State in the Modern United States -- chapter 6 The Twentieth Century to the Present -- chapter 7 The Supreme Court -- chapter 8 The Serpentine Wall and Universal History.

The issue of the relationship between church and state has had a long and complex history. During the last two thousand years, many models of church"state relationships have been devised and put into practice in the political structures of different states. It should be noted that the possibility of the church's involvement in secular politics in Russia and Ukraine makes the need for theological conceptualisation in this field especially urgent. The article presents a holistic and comprehensive approach to the theological discussion of the church"state relationship that will certainly be of interest to many contemporary researchers, examining the unique experience of theocracy in Judaism; the historical formation of the idea of Caesaropapism in both pagan and Christian states; and the theological controversy between the monarchical and Berdyaev schools on the issue of close alliance between church and state.

This article focuses on feminist debates about the state in International Relations (IR). I develop an argument about the gendered reproduction of the state that is based on a Foucauldian notion of power and a Butlerian deconstruction of gender. This approach challenges the unity of the state, power and gender, and the state becomes the gendered effect of discursive and structural processes. I critically discuss recent arguments for the need to move 'beyond the state' and to abandon the category of the state altogether, arguing that rather than abandoning the state, their contribution is to draw attention to the need to focus on the intersections of local, national and global levels when analysing states. The article focuses then on the ways in which feminist debates challenge the IR notion of 'sovereign states'. Feminist scholars problematise three issues in particular: sovereignty, the inside/outside dichotomy and the fiction of the state as a person. I suggest that these debates fundamentally refute the unity of the state upon which some of IR theory continues to rely. Finally, I discuss the state as an effect of discursive and structural processes, which shifts the focus to the gendered reproduction of the state.