Suchergebnisse

<p>La tradicional eficacia «inter partes» de los pactos parasociales, que implica que únicamente son eficaces entre los socios participantes en los mismos, ha de ser revisada. Este replanteamiento ya fue tímidamente iniciado por nuestros tribunales en algunas sentencias dictadas hace algunos años, si bien con base en argumentos poco sólidos. De ahí la necesidad de servirse de razonamientos de mayor peso para salvar definitivamente el punto débil de los pactos parasociales, que no es otro que su limitada eficacia. En este sentido, aquellos pactos parasociales que vinculan únicamente a parte de los socios de la sociedad no pueden tener eficacia ni frente a la sociedad, ni frente a los socios no participantes en ellos ni frente a terceros. Sin embargo, una solución distinta ha de darse a los pactos parasociales de todos los socios o pactos omnilaterales, que suelen celebrarse en el marco de sociedades con un número reducido de socios, generalmente conectados por vínculos familiares o personales. En efecto, estos pactos no son desconocidos por los socios, en la medida en que todos ellos han participado en su celebración. Además, la sociedad tampoco es un tercero ajeno a los mismos. Por ello, debe entenderse que esta concreta modalidad de pactos parasociales presenta eficacia no sólo «inter partes», sino también frente a la sociedad</p>

Purpose– While previous studies explored the argument that allies the notion of complexity to the complex product-service offerings being procured, this paper aims to explore whether there is a corollary with exchange governance complexity. More specifically, the paper analyzes the relationship between systemic complexity and complexity of contractual and relational exchange governance in procuring complex performance (PCP) arrangements.Design/methodology/approach– A multiple, longitudinal case study method is used to examine the relationship between systemic complexity and exchange governance complexity. The study deploys rich data sets by combining government and company reports with 43 semi-structured interviews.Findings– Preliminary conclusions suggest that as a response to increasing systemic complexity, organizations respond with increasing contractual governance complexity. However, better performing PCP arrangements illustrate that the use of simplified contractual governance in form of working agreements in combination with relational governance such as inter-personal relationships may be more effective to counteract complexity.Practical implications– The paper questions whether organizations should respond with increasing exchange governance complexity to counteract systemic complexity. Managers must consider the manageability and enforceability of complex contracts in combination with the formation of inter-personal relationships and simplified working agreements.Originality/value– This study adds to the limited empirical understanding on the nature of long-term public-private interactions in PCP. It also contributes through a rare focus on the relationship between systemic complexity and exchange governance complexity in PCP arrangements.

In the first part of this paper describes some general assumptions to understand the problem of the countermajoritarian difficulty of Alexander Bickel. Subsequently, it is come to explain the response to the countermajoritarian difficulty where judges are an auxiliary democracy through judicial review. Next, it will be shown the image of prestige of the courts and the educational function. This argument says that judges are not a countermajoritarian power, by contrast, are supporting democracy. Finally, it will be argued that DCM Bickel involves the creation of an inter-institutional dialogue, because the judges based on mature cases are responding to the demands of society. ; En la primera parte de este trabajo se describen algunos supuestos generales cuya consideración es necesaria para entender el problema de la 'dificultad contramayoritaria' de Alexander Bickel. Posteriormente, se procede a explicar la respuesta a la 'dificultad contramayoritaria', en donde los jueces son una democracia auxiliar a través de la revisión judicial. A continuación, se muestra la 'imagen de prestigio' de los tribunales y la función educadora. Con este argumento se dice que los jueces no son un 'poder contramayoritario'. Por el contrario, son el apoyo a la democracia. Por último, sostendrá que la DCM en Bickel implica la creación de un 'diálogo inter-institucional', porque los jueces basados en 'casos maduros' están respondiendo a las exigencias de la sociedad.

Purpose – While previous studies explored the argument that allies the notion of complexity to the complex product-service offerings being procured, this paper explores whether there is a corollary with exchange governance complexity. More specifically, the paper analyzes the relationship between systemic complexity and complexity of contractual and relational exchange governance in procuring complex performance (PCP) arrangements. Design/methodology/approach - A multiple, longitudinal case study method is used to examine the relationship between systemic complexity and exchange governance complexity. The study deploys rich data sets by combining government and company reports with 43 semi-structured interviews. Findings - Preliminary conclusions suggest that as a response to increasing systemic complexity, organizations respond with increasing contractual governance complexity. However, better performing PCP arrangements illustrate that the use of simplified contractual governance in form of working agreements in combination with relational governance such as inter-personal relationships may be more effective to counteract complexity. Practical implications – The paper questions whether organizations should respond with increasing exchange governance complexity to counteract systemic complexity. Managers must consider the manageability and enforceability of complex contracts in combination with the formation of inter-personal relationships and simplified working agreements. Originality/value – This study adds to the limited empirical understanding on the nature of long-term public-private interactions in procuring complex performance. It also contributes through a rare focus on the relationship between systemic complexity and exchange governance complexity in PCP arrangements.

Purpose – While previous studies explored the argument that allies the notion of complexity to the complex product-service offerings being procured, this paper explores whether there is a corollary with exchange governance complexity. More specifically, the paper analyzes the relationship between systemic complexity and complexity of contractual and relational exchange governance in procuring complex performance (PCP) arrangements. Design/methodology/approach - A multiple, longitudinal case study method is used to examine the relationship between systemic complexity and exchange governance complexity. The study deploys rich data sets by combining government and company reports with 43 semi-structured interviews. Findings - Preliminary conclusions suggest that as a response to increasing systemic complexity, organizations respond with increasing contractual governance complexity. However, better performing PCP arrangements illustrate that the use of simplified contractual governance in form of working agreements in combination with relational governance such as inter-personal relationships may be more effective to counteract complexity. Practical implications – The paper questions whether organizations should respond with increasing exchange governance complexity to counteract systemic complexity. Managers must consider the manageability and enforceability of complex contracts in combination with the formation of inter-personal relationships and simplified working agreements. Originality/value – This study adds to the limited empirical understanding on the nature of long-term public-private interactions in procuring complex performance. It also contributes through a rare focus on the relationship between systemic complexity and exchange governance complexity in PCP arrangements.

This article turns existing theories of European integration on their head, exploring the conditions under which they would predict that the European Union will disintegrate, and assessing to what extent these conditions currently exist. It argues that these theories, especially the most 'optimistic' ones, have an insufficiently comparative inter-spatial as well as inter-temporal focus. Combining insights from domestic politics approaches to international relations and hegemonic stability theories, it suggests that the future of European integration and the European Union is more contingent than most integration theories allow. First, they do not take sufficient account of the role of domestic politics in the member states, in many of which the last decade has witnessed a major upsurge of 'anti-European' political attitudes and movements. Second, they overlook the extent to which Europe's uniquely high level of political integration depends on the engagement and support of the region's economically most powerful 'semi-hegemonic' state, Germany. Even though a fundamental reorientation of German European policy at the present time seems unlikely, it is not inconceivable. The European Union has confronted and survived many crises in the past - but has never had to confront a crisis 'made in Germany'. The European Union's current crisis is symptomatic of a broader crisis or malaise of regional and international multilateralism. [Reprinted by permission; copyright Sage Publications Ltd. & ECPR-European Consortium for Political Research.]

This paper examines attempts to integrate environmental sustainability goals into the design and implementation of projects funded by the EU Structural Funds programmes in the U.K. between 2000 and 2006. It does so by comparing how the two "horizontal priorities" (environmental sustainability and gender equality) fared in terms of understanding and acceptance by project applicants. It places this material within the wider context of literature on environmental policy integration and inter-agency cooperation. A "policy coordination" framework is used as a heuristic device to construct an account of the ways in which the two themes were handled through the interplay of the myriad of actors and organisations involved in the process. A key part in this involved the deployment of "policy champions" to work with external organisations bidding for funding to support projects that formed the core of programme implementation. The paper also examines the variable reactions on the part of project designers to the requirement to incorporate environmental and gender goals and the greater inter-professional networking that these implied. The comparison between the two priorities clearly demonstrates the difficulties inherent in the breadth and complexity of environmental issues and the need in the first instance to link them to relatively simple actions directly associated with economic development activity. The study concludes that this is essentially the first step in a more protracted "policy learning" process.

The African Union is an inter-governmental arrangement aimed at fostering democratic ideals and development on the African continent. The metamorphosis of inter-governmental arrangements has led to the need for the inclusion of the civil society in the decisions of such organisations on the basis that at the heart of democracy lies public and inclusive governance. The Pan-African Parliament is one of the organs of the African Union as envisaged in Article 5(1)(c) of the Constitutive Act. The Pan-African Parliament was formally inaugurated in 2004. It attempts to secure the full participation of African people in the development and economic integration of the continent by providing a platform for civil society participation. the importance of having a legislative and oversight body especially in organisations at a continental scale cannot be over emphasised, however the manner in which the Pan-African Parliament has been established leaves much to be desired. this paper will analyse the institutional arrangements around the establishment of the AU and in particular, the Pan African Parliament. It will illustrate the importance of civil society participation in governance and determine whether the African Union has attained an acceptable level of civic-inclusive arrangements in its architecture. ; http://www.google.co.za/url?url=http://ul.netd.ac.za/bitstream/handle/10386/1168/3rd%2520SAAPAM%2520LIMPOPO%2520CHAPTER%2520CONFERENCE%2520PROCEEDINGS.pdf%3Fsequence%3D1%26isAllowed%3Dy&rct=j&frm=1&q=&esrc=s&sa=U&ved=0ahUKEwi-_sH2-b3MAhVJfhoKHepPDKcQFggZMAE&usg=AFQjCNFCsZHR3VUZxXHSVXqMzv52CwqcHg

Indonesia is well known as a multicultural country in Southeast Asia in term of its ethnic,religion, racial and social stratification. It is Unity in Diversity, which is reflected in the officialmotto of the State to describe the social and cultural diversity of Indonesia. The diversity refers to a cultural configuration which reflects the National identity of Indonesia, containing cultural capital and cultural power. However, cultural diversity yields conflict that could potentially generate social disintegration due to inter-ethnic and inter-religious disputes that may result in the disintegration of Indonesia as a Nation State. In the eyes of legal anthropologists, sources of conflicts are based on discriminatory policies expressed within State's law and legislations in line to the recognition and protection the existence of local communities, namely traditional adat communities spread out in the region. Thus, State laws enacted and enforced by the Government tend to dominate and marginalize as well as ignore the rights of the local communities particularly over access and control natural resources they based on customary adat law in the region. The paper attempts to offer an answer to the fundamental question whether the 1945 Constitution recognise and protect the traditional communities and their customary adat law by employing a legal anthropological approach with the purpose of obtaining a better understanding regarding the development of State lawin a multicultural Nation toward a more just and equitable State law of Indonesia.Keywords : Multicultural, Unity in Diversity, Conflict, Anthropological Approach

This paper examines attempts to integrate environmental sustainability goals into the design and implementation of projects funded by the EU Structural Funds programmes in the U.K. between 2000 and 2006. It does so by comparing how the two "horizontal priorities" (environmental sustainability and gender equality) fared in terms of understanding and acceptance by project applicants. It places this material within the wider context of literature on environmental policy integration and inter-agency cooperation. A "policy coordination" framework is used as a heuristic device to construct an account of the ways in which the two themes were handled through the interplay of the myriad of actors and organisations involved in the process. A key part in this involved the deployment of "policy champions" to work with external organisations bidding for funding to support projects that formed the core of programme implementation. The paper also examines the variable reactions on the part of project designers to the requirement to incorporate environmental and gender goals and the greater inter-professional networking that these implied. The comparison between the two priorities clearly demonstrates the difficulties inherent in the breadth and complexity of environmental issues and the need in the first instance to link them to relatively simple actions directly associated with economic development activity. The study concludes that this is essentially the first step in a more protracted "policy learning" process.

Includes abstract. ; Includes bibliographical references. ; South Sudan became the newest country in the world in January 2011, after 22 years of civil war between the Khartoum-based government of Sudan and the Sudanese People's Liberation Army (SPLA) of the south—the longest of all armed conflicts on the African continent. There is a stark contrast between the rhetoric of post-war unity and peace and the realities of heightened tensions on the ground; the United Nations has warned that escalating inter-ethnic violence threatens to destabilize the country and many regions in South Sudan have "plummeted into self-perpetuating cycles of violence, cattleraiding, banditry and loss of human life. Jonglei state has seen some of the most extreme violence in South Sudan; the Lou Nuer, Murle, and Dinka in Jonglei raid and retaliate back and forth, killing civilians, abducting women and children, and talking cattle. Abductions of women have historically been a part of cattleraiding, but only recently became used extensively as a tool of war, either as an "attempt to directly recover wives" or purely to retaliate. The conflict in Jonglei is a "complex and murky situation to untangle" without one definitive explanation, and the timing and context of many events have contributed to its continuation. In order to create lasting peace in South Sudan, it is imperative to look critically at the complex layers of the driving factors of the recent inter-ethnic conflict in the region.

A B S T R A C T – Over the recent years, decentralization has been adopted in many health systems. Thequestion however remains of whether local actors do better than the central government.We summarize the main insights from economic theory on the impact of decentraliza-tion and its empirical validation. Theory suggests that the decision to decentralize resultsfrom a trade-off between its advantages (like its capacity to cater to local tastes) and costs(like inter-regional spillovers). Empirical contributions point that decentralization results inbetter health outcomes and higher expenditures, resulting in ambiguous consequences onefficiency; equity consequences are controversial and address the relevance of redistributionmechanisms. ; R E S U M O - Apesar de muitos sistemas de saúde terem optado recentemente pela descentralização, fica por esclarecer se os governos locais têm um melhor desempenho do que os centrais. Este artigo sumariza os principais resultados da teoria económica sobre o impacto da descentralização e a sua validade empírica. A decisão de descentralizar resulta duma arbitragem entre as vantagens, como a adaptação às preferências, e os inconvenientes, como as externalidades inter-regionais. Os estudos empíricos sugerem que a descentralização permite ganhos em saúde mas também despesas maiores, com consequências ambíguas em termos de eficiência, e que as consequências para a equidade, sendo controversas, indicam a relevância dos mecanismos de redistribuição. ; info:eu-repo/semantics/publishedVersion

В статье рассмотрены методы политического менеджмента в сфере государственной политики по регулированию межнациональных отношений. Стратегия государственной национальной политики включает законотворческую работу по совершенствованию федеративных и межнациональных отношений по всей вертикали государства с целью снижения в этой сфере доли политики и повышения роли права. Нормативно-правовая основа РФ способствует реализации базовых подходов государства в сфере национальной политики, но вместе с тем имеет ряд пробелов. С целью их устранения авторы считают целесообразным внести в конституционно-правовые акты некоторые дополнения и ускорить принятие на федеральном уровне закона «Об основах государственной этнополитики». ; Methods of political management in the sphere of government policy in the regulations of inter-national relations are considered. The strategy of state national policy is based on the lawmaking activities directed to the improvement of federal and inter-national relations throughout all the state in order to reduce the share of policy and to enhance the role of law in this sphere. The normative-legal basis of the Russian Federation contributes to the realization of basic approaches of the state in the sphere of national policy but at the same time it has a number of gaps. With a view to eliminate them the authors consider it appropriate to introduce certain additions into the constitutionally legal acts and to speed up the adoption of the law «On the Bases of State Ethnic Policy» on the federal level.

The causes of World War I remain a topic of enormous intellectual interest. Yet, despite the immensity of the literature, historiographical and IR debates remain mired within unhelpful methodological dichotomies revolving around whether a 'primacy of foreign policy' versus 'primacy of domestic politics' or systemic versus unit-level approach best account for the war's origins. Given that this historiography is the most prolific body of literature for any war within the modern age, it reveals a much deeper problem with the social sciences: how to coherently integrate 'external' and 'internal' relations into a synthesized theory of inter-state conflict and war. Drawing on and contributing to the theory of uneven and combined development, this article challenges standard interpretations of the war by distinctively uniting geopolitical and sociological modes of explanation into a single framework. In doing so, the article highlights how the necessarily variegated character of interactive socio-historical development explains the inter-state rivalries leading to war. Contextualizing the sources of conflict within the broad developmental tendencies of the Long 19th Century (1789-1914) and their particular articulation during the immediate pre-war juncture, the article seeks to provide significant contributions to recent debates in IR and historical sociology, as well as those concerning the relationship between history and IR theory. [Reprinted by permission; copyright Sage Publications Ltd. & ECPR-European Consortium for Political Research.]

Every summer, thousands of interns descend on New York City in order to work for nothing. No one knows how many of these interns there are, partly because much of their unsalaried work is illegal and therefore covert. Interns as a whole are having a cultural moment: the intern appears on television and in gossip magazines; there are celebrity interns and luxury internships for sale. But the intern's overall place in the workforce is largely unclear. Legally obscure and professionally meek, interns are difficult to classify because their position requires invisibility. One of the intern's great skills is not to cause a fuss, not to raise any trouble. Even though many work far more than the average workweek (Xuedan Wang, an unpaid intern who sued the Hearst Corporation last spring, claimed that she worked up to fifty-five hours a week at Harper's Bazaar), most will never even think to ask for compensation for their time. (Although profit-making companies provide the majority of paid internships, the distribution of unpaid internships is roughly equal between for-profit and nonprofit organizations.) Compliant, silent and mostly female, these interns have become the happy housewives of the working world. The intern's obscurity and uncertainty characterize a labor force that has grown more contingent, relying on part-time, unstable, and insecure work. Adapted from the source document.