This special issue demonstrates the importance of interactions in transnational business governance. The number of schemes applying non‐state authority to govern business conduct across borders has ...vastly expanded in numerous issue areas. As these initiatives proliferate, they increasingly interact with one another and with state‐based regimes. The key challenge is to understand the implications of these interactions for regulatory capacity and performance, and ultimately for social and environmental impact. In this introduction, we propose an analytical framework for the study of transnational business governance interactions. The framework disaggregates the regulatory process to identify potential points of interaction, and suggests analytical questions that probe the key features of interactions at each point.
Digital sovereignty Pohle, Julia; Thiel, Thorsten
Internet policy review,
2020, Letnik:
9, Številka:
4
Journal Article
Recenzirano
Odprti dostop
Over the last decade, digital sovereignty has become a central element in policy discourses on digital issues. Although it has become popular in both centralised/authoritarian and democratic ...countries alike, the concept remains highly contested. After investigating the challenges to sovereignty apparently posed by the digital transformation, this essay retraces how sovereignty has re-emerged as a key category with regard to the digital. By systematising the various normative claims to digital sovereignty, it then goes on to show how, today, the concept is understood more as a discursive practice in politics and policy than as a legal or organisational concept.
Government Regulation No. 41 of 2020 on the Transfer of Employees of the Corruption Eradication Commission into Civil Servants unilaterally makes KPK employees as ASN. In fact, not all KPK employees ...are willing to be ASN and there is public rejection of the policy. On the other hand, there are honorary teacher want to be appointed as ASN. Until now there is no certainty of transfer of honorary teacher status to ASN. Although there has been policy related to the appointment of honorary teachers to become ASN, but the policy is different from the policy transferring status of KPK employees to ASN. This study aims to find the motives of the state to transferring KPK employee status into ASN and find policy differences in the appointment of ASN between KPK employees and honorary teachers. This research showed that the transfer of KPK employee status to ASN has pros and cons motives. The pro motive is that the transfer of KPK employee status to ASN aims to have (1) KPK employees well coordinated; and (2) the need for ASN support to KPK as part of KPK strengthening. The counter motive sees the transfer of KPK employee status to ASN as an effort to control KPK and strengthen the independence of KPK employees or weaken KPK. Meanwhile, ASN appointment policy inequality between KPK employees and honorary teachers has not been in accordance with the principles of equality right and economic equality.
The article emphasizes that constitutional and legal responsibility is aimed at legal protection of the Constitution of Ukraine and is closely related to the problems of preventing constitutional ...offenses. Attention is drawn to the fact that issues of citizenship are closely related to the problems of national security and crime prevention. There are not few cases when citizens of Ukraine also have the citizenship of another country, or even of several countries in addition to the citizenship of Ukraine. The composition of the constitutional offense is considered, it is emphasized that the issue of assessing the objective side of the constitutional offense is decided by the entity empowered to apply the constitutional and legal sanction - to cancel the decision on admission to the citizenship of Ukraine. The reasons for the loss of Ukrainian citizenship and the termination of Ukrainian citizenship as a result of its loss due to the active actions of an adult, aimed at acquiring the citizenship of another state/states, are analyzed. There are signs by which the termination of citizenship differs from the deprivation of Ukrainian citizenship. The powers of the central executive body, which implements the state policy in the sphere of citizenship, regarding the preparation of applications for the loss of Ukrainian citizenship by persons are characterized; Commission under the President of Ukraine on Citizenship; of the President of Ukraine (issuing acts on acceptance of Ukrainian citizenship and termination of Ukrainian citizenship). Attention is drawn to the practice of the European Court of Human Rights, requirements for legislation on Ukrainian citizenship: they should be accessible, clear, and predictable. Defects have been identified in the current Procedure for Proceedings on Applications and Submissions on Ukrainian Citizenship and the Implementation of Decisions, which was approved by the Decree of the President of Ukraine No. 215 of 03/27/2001: an exhaustive list of sources from which the authorities of the State Migration Service can obtain information on the grounds has not been determined loss of citizenship of Ukraine by a person; an exhaustive list of documents, their form, content, subject of publication, which confirm that a person will not become stateless as a result of the loss of Ukrainian citizenship, has not been defined. Proposals for improving the above procedure and the practice of its application have been developed.
The hostilities and martial law in Ukraine significantly affected the activities of the internal audit units of the central executive authorities. The remote work of the employees of the division and ...the impossibility of direct interaction with the objects of audits limits the functions of internal audit, but at the same time, its importance in the management of public finances is not lost. New challenges require internal auditors to improve the quality of audits, which directly depends on the quantitative and qualitative composition of internal audit units. The purpose of the article is to develop the conceptual basis for improving the quality of staffing of internal audit units in state authorities. The analysis of staffing and organization of internal audit activities in the main managers of budget funds and their subordinate institutions for 2017-2021 indicates a constant decrease in the number of employees and an increase in the percentage of vacant positions of internal auditors. Such a situation is the result of a number of factors, but the most important of them is the lack of highly qualified, motivated personnel who possess professional competence based on relevant education and practical experience for the proper performance of audit tasks. The article proposes a four-level model of training specialists in the “state internal auditor” profession, which ensures the gradual formation of professional competencies and practical experience, starting from the assimilation of basic theoretical knowledge in higher educational institutions to mandatory certification at the workplace. In order to implement the given proposals, it is important to establish at the legislative level requirements for the educational and professional level of applicants for the position of internal auditor, as well as mandatory requirements for improving their qualifications after enrollment in this position. A study of the currently existing legislative and normative documents on the organization of the activities of the internal audit units of the central authorities shows the absence of any norms that would clearly regulate these issues.
This paper explores mechanisms that render different state actors capable of exerting customary land pressures, land grabbing or facilitating conditions for doing so. Specifically, the paper examines ...provisions state actors rely upon in the acquisition of rural customary land and implications. Using the test case of a rural district of Mafinga in eastern Zambia, we collect qualitative data from policy analysis, multi-level semi-structured interviews, and group discussions with local actors. Results show that land conversion has been heightened by creation of new districts across the country, which has advanced an urgent need to open up rural lands. Whereas chiefs have been co-opted into councils as agents of development, winners are not always local. Land acquisition processes reveal state actors are active ‘land grabbers,’ all calculating, and all-seeing in acquiring and converting customary land to statutory land, drawing on multi-dimensional and multi-level elements to exert pressure on customary land spheres. Several policy and legal tools, formal and informal processes enable and are increasing relied upon by state actors to grab land – processes framed as development. Ultimately, this effectively shifts risks and burdens of neoliberal framings of development to rural customary spheres. Overall, this paper sets us to think about state’s power, influence and authority in driving land conversions and in fracturing tenure systems, which raise the need to strengthen informal capacities at local level.
•State actors are active, all calculating, and all-seeing in converting customary land, exerting pressure on customary land spheres.•Policy and legal tools, formal and informal processes increasing relied upon by state actors to grab land – framed as development.•Rural customary land conversion follows creation of new districts, with chiefs variously co-opted as facilitators of development.•Ultimately, this effectively shifts risks and burdens of neoliberal framings of development to rural and customary spheres.
•Revisits Fairhead’s seminal study on roadworks’ ambivalent effects on security and development.•Challenges the correlation of infrastructure with state control and of rough terrain with ...resistance.•Uses the ‘infrastructural frontier’ to analyze geographies with deficient infrastructure and state control.•Demonstrates how donor-funded infrastructure programs generate a ‘frontier effect’•Explores the political affordances of geomorphology through the concept of ‘subversive soils’
This article uses the concept of the ‘infrastructural frontier’ to trace the linkages between externally financed road building projects and the constitution of eastern DR Congo as a liminal political space at the material edge of the state. This frontier space has two core features: first, the patchy quality of its road infrastructure, which is perpetually rebuilt only to disintegrate again. Second, the transient nature of configurations of authority and control, leading to ‘circulation struggles’ along roads that are never fully functional. These features contribute to the collapse of a clear-cut dichotomy between the presence and the absence of transport infrastructure, but also between spaces of control and spaces of resistance. The constitution of eastern Congo as an infrastructural frontier, we argue, is importantly related to its ‘subversive soils’, whose clayish, sticky substance accelerates road degradation and compounds power projection. The resulting patchiness of both durable road infrastructure and central state control generates a ‘frontier effect’: it invites perpetual external donor interventions to build roads, but these projects never fundamentally upend the infrastructural and political state of affairs. In fact, as we demonstrate, these projects have become crucial to its very constitution. These observations point to the dual temporality of eastern Congo’s ‘perpetual’ infrastructural frontier, where the short-term volatility of circulation struggles is both a product of and reproduces its frontier-ness over the longue durée. Our contribution thus demonstrates the intricate relations between the temporal, material and political qualities of frontier spaces.
The convergence of diverse global factors - food price volatility, the increased demand for biofuels and feeds, climate change and the financialisation of commodity markets - has resulted in renewed ...interest in land resources, leading to a rapid expansion in the scope and scale of (trans)national acquisition of arable land across many developing countries. Much of this land is on peripheral indigenous peoples' territories and considered a common property resource. Those most threatened are poor rural people with customary tenure systems - including indigenous ethnic minority groups, pastoralists and peasants - who need land most. In Ethiopia large areas have been leased to foreign and domestic capital for large-scale production of food and agrofuels, mainly in lowland regions where the state has historically had limited control. Much of the land offered is classified by the state and other elites as 'unused' or 'underutilised', overlooking the spatially extensive use of land in shifting cultivation and pastoralism. This threatens the land rights and livelihoods of ethnic minority indigenous communities in these lowlands. This article argues that recent large-scale land acquisitions are part of state strategy for enforcing political authority over territory and people. It examines the implications of such strategy for indigenous ethnic minority groups, focusing particularly on the Benishangul-Gumuz region.
The study of policing offers rich opportunities to test and refine the boundaries of key concepts and theories of public management, yet it is neglected in public management discourse. In this essay, ...we strike up a conversation between public management and policing studies, arguing that, through this dialectical inquiry, concepts and theories in both fields can be reviewed and improved. We explore areas with particular potential for cross-fertilization: basic rationales used in public management; the saliency of state authority and legitimacy in policing; questions of public value creation (or destruction); and dilemmas of pursuing equity.
Charles Maier, one of the most prominent contemporary scholars of European history, publishedRecasting Bourgeois Europeas his first book in 1975. Based on extensive archival research, the book ...examines how European societies progressed from a moment of social vulnerability to one of political and economic stabilization.
Arguing that a common trajectory calls for a multi country analysis, Maier provides a comparative history of three European nations and argues that they did not simply return to a prewar status quo, but achieved a new balance of state authority and interest group representation. While most previous accounts presented the decade as a prelude to the Depression and dictatorships, Maier suggests that the stabilization of the 1920s, vulnerable as it was, foreshadowed the more enduring political stability achieved after World War II.
The immense and ambitious scope of this book, its ability to follow diverse histories in detail, and its effort to explain stabilization-and not just revolution or breakdown-have made it a classic of European history.
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