Suchergebnisse

For more than seven decades, India's Constitution has provided a framework for liberal democracy to flourish in one of the world's most diverse societies. Legal changes and shifts in bureaucratic practices, however, have undermined central tenets of the prevailing order. In today's India, the assent of the people is both necessary and sufficient to justify all forms of state action. This article outlines three manifestations of India's new constitutionalism — the "ethnic state," the "absolute state," and the "opaque state." These distinct, yet overlapping faces of the Indian state have undermined the rule of law, equal citizenship, checks and balances, and democratic accountability.

This article examines how middle‐class identity is experienced and employed by traditional and neo‐middle‐class identifiers in India. The economically and socially heterogeneous middle‐class identifiers vote similarly, but we know very little about what they want out of politics. We focus on the subjective experiences of middle‐class identifiers, we theorize the expressive function of middle‐class identities, and we examine the socially and personally focused core values of traditional middle‐class identifiers and neo‐middle aspirers. We introduce the "Class as Social Identity" scale and analyze qualitative interviews with strong middle‐class identifiers (Study 1) and the 2006, 2012, and 2014 World Values Survey India segments (Study 2). The interviews show that upper middle class and lower middle class identifiers express similar socially focused values but different personally focused values. The WVS analyses show convergence of upper‐middle‐class and lower‐middle‐class identifiers on conservation and self‐transcendence in line with dominant political narratives and divergence on materialism, hedonism, and stimulation in line with their rising differences in income and every‐day life pressures. We discuss the significance of these findings for the understanding of the political function of middle‐class identities in India in the context of heightened Hindu nationalism and recent socioeconomic challenges aggravated by the COVID‐19 pandemic.

This study combines the strengths of historical studies and analytical approaches on transboundary water interactions to establish an historical process perspective on transboundary waters. The study analytically separates transboundary water cooperation, water diplomacy, and their broader political setting, and analyses their interplay over a long period of time. The paper presents a detailed case study on the development and transformation of Finnish-Russian transboundary water interactions over the last 100 years, with an emphasis on Finland and its relationship with the Soviet Union/Russia after World War II. The setting remains relatively understudied despite its intriguing characteristics and its importance to the pioneering of water cooperation arrangements such as reciprocal compensation mechanisms. Using four distinct time periods, the study scrutinises how water diplomacy actors, institutional developments, broader political environs, and historical occurrences have ultimately led to the current cooperative setting. The findings emphasise the role played by societal trends in steering politics and water diplomacy as well as in the crafting of transboundary water cooperation. They also indicate how establishing an institutional basis for cooperation requires both political commitment and technical expertise, often over a very long period of time. The findings demonstrate how the institutions of cooperation, once they emerged, resulted in a rather self-governing operating body for everyday transboundary interaction, replacing water diplomacy as the dominant means of interaction in the studied context. Analysing historical trajectories helps to critically investigate our current discourses and practices and to understand the impact that broader societal trends have on transboundary water interactions. ; Peer reviewed

The United Kingdom offers a Syrian Vulnerable Persons Resettlement Scheme for the most vulnerable Syrians fleeing the Civil War. For those who do not meet the requirements, they travel to the UK on their own seeking asylum. The United Kingdom deems itself as welcoming to all immigrants; however, while looking at the Syrian population, it is obvious that those who come via the scheme are offered more support while acclimating, compared to those who migrate on their own. This thesis will look at literature on hospitality in order to understand why the UK is welcoming to some Syrians but not all of them. Hospitality is not only about kindness, openness and welcomeness, but also about politics. The United Kingdom can demonstrate hospitality to one group of Syrians because it then allows them to be inhospitable to the other group. This therefore limits immigration and the amount of refugees and asylum seekers they allow in, ultimately positioning the UK as a host that controls the opening and closing of their border. In order to prove this, news articles from a variety of sources on the topic of how Syrians are treated and their experiences in the UK will be analyzed. These articles look at specific experiences Syrians have had while acclimating to their new lives with the government and everyday people.

This article explains the evolution of arbitration law in Peru and identifies its sources. The author describes the treatment, characteristics, and types of arbitration regulated to date and offers an evaluation of the current problems and advances this method of dispute resolution has had in the twenty-five years since the entry into force of the current regulation, that is, Legislative Decree 1071. ; El presente artículo desarrolla la evolución normativa del arbitraje en el Perú y las fuentes a partir de las cuales se formuló. El autor describe el tratamiento, las características y los tipos de arbitraje regulados a la fecha para, finalmente, realizar una evaluación sobre la problemática actual y los avances que ha tenido este método de solución de controversias a veinticinco años de la entrada en vigor del cuerpo normativo actual, esto es, el Decreto Legislativo 1071.

Meaningful Human Control (MHC) has been a consistent key term in legal debates concerning autonomous weapon systems (AWS), but its usefulness as a policy or lawmaking tool is limited due to a lack of clarity on what the concept encompasses. This study engaged in a thorough literature study of official statements, policy papers and academic papers published between 2013–2021 to determine features common to these proposals and synthesise a workable framework of MHC. The framework identifies five core elements—awareness, weaponeering, context control, prediction and accountability—and many interlocking mechanisms which link these elements together in a causal and chronological manner corresponding to the military targeting process. Subsequently, a detailed commentary and discussion is provided on the individual differences between sources, how specific elements can be implemented in practice by military commanders, and particularly controversial points are highlighted which require specific consideration by commentators and policymakers. The framework identifies concrete and practicable ways commanders can exercise control over AWS and serves as a solid foundation for further legal analysis of commanders' duties when employing AWS, for future policy discussions, and as a problem-solving tool to resolve important legal questions such as the ubiquitous 'accountability gap' conundrum.

UID/FIL/00183/2019 DL 57/2016/CP1453/CT0066 ; Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political agency of parents, guardians and trustees over other adult citizens. This article offers an alternative to this conceptual frame of reference by making a case for the political agency of infants. Firstly, it maintains that political agency can be understood in terms of the several facets involved in political representation. Secondly, it claims that the all-affected principle can be reformulated as an 'infant-affected-interests principle' in light of which infants are members of the class of the represented. Thirdly, it explores the ways through which this political agency can occur without having to resort to alternative conceptions of representation. The conclusion ascertains that infant enfranchisement is highly undesirable and that there are more viable forms to promote infant political agency, such as virtual representation, infant-beneficial principles of political action and ombudspersons for infants. ; authorsversion ; published

Desde el momento en el que Mohammed Bouazizi se inmoló en protesta contra el régimen tunecino de Zine al-Abadine Ben Ali en 2011, la región del Middle East and North Africa (MENA) ha sido circunscrita en una serie de transformaciones políticas, sociales y económicas cuyas secuelas son perceptibles hasta la actualidad. La controvertidamente denominada Primavera Árabe (PA) ha sido objeto de estudio de numerosos artículos científicos, siendo precisamente en este marco donde se inserta la compilación: A diez años de la Primavera Árabe: los desafíos de una región convulsa. ; Desde el momento en el que Mohammed Bouazizi se inmoló en protesta contra el régimen tunecino de Zine al-Abadine Ben Ali en 2011, la región del Middle East and North Africa (MENA) ha sido circunscrita en una serie de transformaciones políticas, sociales y económicas cuyas secuelas son perceptibles hasta la actualidad. La controvertidamente denominada Primavera Árabe (PA) ha sido objeto de estudio de numerosos artículos científicos, siendo precisamente en este marco donde se inserta la compilación: A diez años de la Primavera Árabe: los desafíos de una región convulsa.

This article explores how our thinking about time shapes epistemological and ontological understandings of the world. It considers the idea of modernity as constituted by the ancient/modern binary through an examination of Montesquieu's and Benjamin Constant's development of this binary in relation to their understandings of commerce, the law of nations and conquest, political rule and freedom in the context of European colonial empire. Modernity demarcates a break in (historical) time between a past and a present that extends into a future. This rupture plays a role in distinctions between modern European and pre-modern non-European societies. The ancient/modern binary underpins conceptions of collective and individual liberty. It associates modernity with individual liberty, progress, reason and science. I analyse how this binary operated across space to categorise various societies as not modern, pre-modern or less developed according to levels of scientific, technological, political and economic progress in Montesquieu's thought and through Constant's silences. This article develops an innovative reading of the ancient/modern binary in French political thought.

The Rohingya community has been persecuted by Myanmar authorities for years and, consequently, subjected to a process of genocide. The object of this study is the investigation of the conflict born between both communities and its religious roots: Buddhism and Islam. Afterwards, we will focus on the analysis of this historical struggle from the perspective of the Theory of Constructivism and how succeeded the construction of the antagonistic identity of "other", the "enemy", the "foe" and the "hostile" from within the government, the governmental institutions and the Myanmar public inside culture, legislation, and constant historical manipulation. ; El pueblo Rohingya ha sido objeto de persecución por las autoridades birmanas y, consecuentemente, sometido a un genocidio. El objeto de este estudio es la investigación del conflicto nacido entre dos pueblos y sus raíces religiosas: budismo e islam. Posteriormente, analizaremos este enconamiento histórico desde un punto de vista propio de la teoría constructivista y cómo se ha logrado la construcción de una identidad antagonista del "otro", del "enemigo" y lo "hostil" por parte del estado, las instituciones gubernamentales y el pueblo birmano dentro de la cultura, la legislación y la constante manipulación histórica.

This open access book contributes new theoretical and comparative insights on migrant agency, undocumentedness and informality in non-Western, non-democratic migration regimes. The book is conceived as a critical reflection on the contemporary migration regime scholarship, and, more generally, on comparative migration studies, which primarily focus on migrants' experiences and immigration policies in the context of liberal democracies in North America and Western Europe. Addressing this gap is particularly important when considering the fact that many new migration hubs are nondemocratic, which in turn requires us to revise or produce new frameworks of analysis beyond existing and dominant Western-centric migration regime typologies. This book takes up the case study of Central Asian migrants in Russia and Turkey—two archetypal non-Western, nondemocratic regimes and key migration hotspots worldwide—and investigates how migration governance outcomes are shaped by the informal power geometries and extralegal processes in physical and digital landscapes in which migrant workers, employers, middlemen, landlords, street world actors and street-level bureaucrats negotiate the contemporary migration system. This lively ethnography presents new empirical material, a comparative perspective and methodological tools for studying migrants' experiences and migration governance processes in non-Western migration regimes.