Suchergebnisse

The author takes up the question of the usefulness of theory to the practice of feminist scholarship & at least as importantly to the practice of feminism & to the lives of women -- especially poor women living in societies in which women have even fewer rights than do their sisters elsewhere. Still, despite the limitations of theory, she argues that feminist philosophers should take up Kant's practical postulate. Women continue to suffer throughout the world from pervasive discrimination vis-a-vis all major human capabilities, including life itself, but this does not mean that the large-scale practical task of wedding history to theory should not be attempted. Such an attempt remains morally valuable to help us sustain hope about the human condition. D. Knaff

"The enactment and enforcement of law is regarded as one of the most important attributes of sovereign statehood. Traditionally, 'sovereignty' has been understood as meaning the special quality of a state expressed in its ability to shape its own legal system and to enforce it within the territorial limits of its jurisdiction. Hence the question of the extent to which member states of the European Union are still masters of their legal systems turns out to be a crucial test of their sovereignty. This chapter argues that the legal system of Germany is a Europeanized legal system, in terms both of a European modification of national laws and of a Europeanization of legal culture and modes of governance. This argument takes the form of testing the degree of Europeanization in six different cases, including the field of constitutional law. The conclusion is that the legal system of Germany is a Europeanized legal system and that the German legal profession is quite aware of this development. However, the relationship between the EU and the member states is not to be regarded as an exclusive 'top-down' process. Looking at two examples drawn from public law, the chapter shows that the political and legal European multi-level system can be understood as an ongoing process of interaction between the EU and the national legal systems." (author's abstract)

The paper achieves an analysis of some issues concerning the changes in the Romanian public administration in the context of integration into the European Union. The most important processes approach Europeanization and its theoretical and practical mechanisms. Concerning the Romanian public administration, the analysis starts with the reform process, on local and national level. The paper reveals the main laws and rules as well as the principles expressed in the administrative change: actuality and continuity, openness and transparency, accountability, efficiency and effectiveness. The paper also achieves a brief analysis of the reform strategies in view of complying with the European Administrative Space.

The history of international nationality law & the concept of relational nationality are discussed, drawing on relational feminism. Prior to 1997, theory on nationalism took an individualistic perspective, avoided multiple nationality, & assumed the wife's nationality was dependent on the husband's. The 1997 European Convention on Nationality sought to address issues of multiple nationality & gender equality; it was neutral on multiple nationality because a gender equality perspective on nationality suggest accepting it in cases where spouses are of mixed nationalities. This points to a theory of relational nationalism in which marriage & family relations are important, & where family may mediate loyalties in a complex manner. Questions of statelessness & how the nationality laws in jus sanguinis regimes may be applied differentially to the first three generations are discussed. 108 References. M. Pflum

Questions concerning the United Nations legal authority to promote democratization & its reasons for favoring democratic political systems in the politically variegated international community are addressed. It is demonstrated that the United Nations has regularly influenced the development of political systems in various countries, has strongly advocated self-determination, & has actively promoted democratization in consenting nations. However, the United Nations support for democratization is delineated as coercive, eg, the United Nations Security Council determines the criteria for legitimate military intervention in foreign countries & Chapter VIII of the United Nations Charter allows member-states to intercede in regional disputes. After illuminating the coercive nature of the United Nations intervention in Haiti, Sierra Leone, & Somalia, it is maintained that the organization should establish a normative framework for judging the legitimacy of military intercessions; several principles to be included in this model are articulated, eg, representatives of member-states that obtained power through illegitimate means should not be seated in the United Nations. J. W. Parker

The question of whether international environmental agreements, particularly the Kyoto Protocol, conflict with established global trade law is addressed. Aspects of the Kyoto Protocol that could obstruct international trade are discussed. It is contended that multilateral environmental agreements could possibly be incompatible with the World Trade Organization's (WTO) rules that govern the placement of constraints on "like products." Various policies & measures of the Kyoto Protocol that could conflict with WTO law are identified; specifically, it is noted that trade-related environmental measures pose particular problems for current WTO law. An analysis of European Union law & North American Free Trade Agreement law revealed fewer incompatibilities with the Kyoto Protocol. Additional attention is dedicated to exploring the failure of the 1969 Vienna Convention of the Law of Treaties' capacity to mediate incongruities between the Kyoto Protocol & extant bodies of international law. Multiple recommendations for resolving these incompatibilities are offered. J. W. Parker

The paper approaches a topic of high actuality concerning the professionalisation of public management, process that could lead to setting up a corps of civil servants, substantiated on meritocratic criteria, political equidistance. In the context of knowledge-based society, the paper presents the organisational perspective and integrates New Public Management in the practice of the public organizations. The evolution from Weberian bureaucracy to New Public Management creates the matrix as basis for structuring in service training strategies of the civil servants as well as for the transfer of knowledge specified in those strategies. The context of the knowledge-based society provides the possibility to describe a structure of the training strategies adapted to the needs and ideals.

In this chapter the author explores the impact of pre-emptive strategies that have emerged since 9/11 on human rights. A discussion on the history of international law & human rights is provided before the author turns to an analysis of both US & UK actions that call into question their devotion to human rights issues. Concludes by arguing that the Bush Doctrine's focus on national security & responding to threats, limited an opportunity to increase human rights around the world. D. Miller

The emergence & expansion of the administrative state after WWII has led to the inescapable truth that we live in an age of intense legal discipline at national, regional, & global levels. The globalization of the judicial world has been characterized as "a world historical transformation" involving the "rise of world constitutionalism" that is characterized by de Sousa Santos's interlegality, but globalized as the local legal forms & localizes globally for forms. The distinctive discontinuity & uneven forms of transnationalized legal relations suggest international legal theory is at odds with political realities of nonstate actors & nonstate law that are increasingly authoritative. The opportunities for the emergence of challenges to the statist & territorial foundations of international law provided by the conditions of postmodernity emanate from transnational business corporations, private business associations, individuals, groups, & global social movements. A critical globalization studies in international law should place the starting point of the study of analytical foundations of international law with a view to determining who or what interests are privileged or peripheral eyes by the legal doctrines, scrutinization of substantial areas to determine how marginalized peoples can be brought into the legal order, & analyzing the potential for integrating elements of global civil society into the international legal system through participation in the UN & other law creating bodies. References. J. Harwell