If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral pluralism (...) (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

This essay argues that "the family" should be understood in functional terms:whatever functions as a family should have the legal status of a family. Theauthor's argument thus avoids two extreme positions. The first is the position ofthe hard-line "platonic" essentialists who, on grounds of nature, supernature, orcultural history, argue that a family unit must comprise heterosexual partners.The second is the position of the radical relativist, who argues that there are noessences whatsoever or that essences are purely arbitrary. Treating the family (...) infunctionalist terms, the author argues, would have positive consequences thatwould strengthen the social fabric. (shrink)

Purpose. The article analyzes the role of such a phenomenon as tolerance in a partnership between a man and a woman, emphasizing its importance and necessity in their relations. The purpose of the study is to estimate the role of the tolerance phenomenon in the process of gender partnership. Theoretical basis. The works of domestic and foreign scientists contributed to estimate the function of tolerance during communication, cooperation and co-creation. In this paper the methodology of E. Fromm and N. (...) Khamitov’s metaanthropology is used. Originality. It was proved that the success of a gender partnership depends on how tolerant its participants are to each other. Besides this, it has been established that tolerance is the main criterion for gender partnership. The idea of tolerance is considered as the way to fruitful development of human relations. For the first time it has been determined that gender partnership can be manifested on the ordinary, frontier and metafrontier levels of human existence. Tolerance has its own specifics and a manifestation on each of them. Conclusions. Metaanthropology has helped to estimate the role of tolerance among men and women in the partnership process. So, it can be stated that tolerance is a basis for gender partnership that harmonizes the relationship among a man and a woman and makes them egalitarian. Only on the metafrontier level of human being tolerance can be manifestation of individual integrity. Sincere, open interaction and creative work with Other are formed on this foundation. Thus, gender partnership with inexhaustible, complementary potential is the vector of development of human relations. (shrink)

Over the last decade, cities, counties, and states across the United States have enacted higher minimum wages, paid sick leave and family leave, domestic worker protections, wage theft laws, “Ban the Box” removal of questions about conviction history from job applications, and fair scheduling laws. Nevertheless, vulnerable workers still do not trust government to come forward and report labor law violations. The article argues that while increasing the size of the labor inspectorate and engaging in strategic enforcement are necessary, (...) they are not sufficient. It argues that co-enforcement, in which government partners with organizations that have industry expertise and relationships with vulnerable workers, has the potential to manage the shifting and decentralized structures of twenty-first-century production, which were explicitly designed to evade twentieth-century laws and enforcement capabilities. The article aims to contribute to a broader understanding of the role of organizations in enforcement and the circumstances in which their effectiveness can be maximized. It sets forth a set of scope conditions and mechanisms and examines empirical cases of co-enforcement in Austin, Los Angeles, and San Francisco. The main findings are that co-enforcement is most enduring when government agencies and worker organizations recognize each other’s unique capacities, rather than attempt to substitute for one another ; the effort focuses on a specific industry; and the collaboration receives strong political support. Sustaining the impacts of co-enforcement is found to require greater formalization of the partnership and funding streams. (shrink)

The, Police Executive Research Forum is completing a major initiative that encourages police chiefs to formalize working relationships with emergency medical personnel. The effort is sponsored by the U.S. Department of Justice, Bureau of Justice Assistance as a demonstration with the goal of preventing recurring violence that eventually leads to homicide. The initiative originally involved a consortium of emergency room clinicians, emergency medical service personnel, as well as police executives. The collaboration initially focused on arguably preventable dimensions of domestic (...) violence and homicide. However, after “9/11” and the ensuing anthrax crisis, the project developed into a three-step draft interactive protocol for earlier police intervention in situations involving possible deaths and mass casualties. With this shift in the project, Police Executive Research Forum’s principal collaborators shifted from emergency clinicians to public health practitioners. (shrink)

The, Police Executive Research Forum is completing a major initiative that encourages police chiefs to formalize working relationships with emergency medical personnel. The effort is sponsored by the U.S. Department of Justice, Bureau of Justice Assistance as a demonstration with the goal of preventing recurring violence that eventually leads to homicide. The initiative originally involved a consortium of emergency room clinicians, emergency medical service personnel, as well as police executives. The collaboration initially focused on arguably preventable dimensions of domestic (...) violence and homicide. However, after “9/11” and the ensuing anthrax crisis, the project developed into a three-step draft interactive protocol for earlier police intervention in situations involving possible deaths and mass casualties. With this shift in the project, Police Executive Research Forum’s principal collaborators shifted from emergency clinicians to public health practitioners. (shrink)

The language of partnership has emerged as a reaction against neo-liberal visions of HE as a marketplace with student customers and HE providers. Partnership is presented as the culmination and highest form of student engagement with even the Quality Assurance Agency defining it as shared working ‘based on the values of: openness; trust and honesty; agreed shared goals and values; and regular communication between the partners’. So is the echo of Freire in the pedagogies of partnership intentional? This paper will (...) explore the potential offered by the pedagogies of partnership to engage UK HE with the ideas and ideals of Paulo Freire but will also warn of the perils of domestication into ‘marketized’ HE practices. (shrink)

This article explores innovative legal tools in built environment settings. Using tangible examples, the discussion will leverage the authors' expertise in the law, public health, and architecture to explore strategies in domestic and international settings to explain how healthy spaces make a direct public health impact on people's lives.

The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human right of everyone “to enjoy the benefits of scientific (...) progress and its applications.” This comment explores the hypothesis that the emerging concepts most likely to follow recognition of the human right to water primarily involve issues of science and technology, such as access to medicines or clean and healthy environment. Many threats to human rights from advances in science, which were identified in the past as potential, have become real today, such as invasion of privacy from electronic recording, deprivation of health and livelihood as a result of climate change, or control over individual autonomy through advances in genetics and neuroscience. This comment concludes by urging greater engagement of scientists and engineers, in partnership with human rights specialists, in translating normative pronouncements into defining policy and planning interventions. (shrink)

Late last year the Constitutional Court of South Africa decided that the exclusion of same-sex couples from the common law definition of marriage and the statutory marriage formula was unconstitutional as it violated the rights of such couples to equality. The Court suspended the declaration of invalidity for one year to allow Parliament to enact new legislation to correct the defects, failing which certain words would be read into the legislation to accommodate same-sex marriage. A single judge dissented on the (...) issue of remedy, finding that the Court should have developed the common law to include same-sex couples within the definition of marriage and read the necessary wording into the legislation with immediate effect. The decision is the culmination of a legal struggle by gays and lesbians for recognition of their relationships and the protection of their rights. While the scope of the right to marry may have been extended, the rights of domestic partners lag behind, often to the detriment of women in these relationships. (shrink)

Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the one hand, there is (...) a ‘deflationary’ approach, on which the state ceases to confer marital status, but does remain in the status-conferring business. On this approach, the state would still bestow a certain ‘thinner’, more ‘neutral’ legal status – as it does when it creates civil unions, for instance. Call this the ‘Status Model’ of disestablished marriage. On the other hand, there is an ‘eliminativist’ approach, on which the state ceases to confer any sort of status at all – not even the thin or neutral status of ‘civilly-unioned’. There simply are no registered domestic partnerships. What there is, is contract law, and individuals entering into contracts for life-partnership – contractual arrangements which might assume any of a wide variety of forms. Call this the ‘Contract Model’ of disestablished marriage. In this paper, I explore the merits of these competing models. After briefly discussing what it means to speak of ‘disestablishing marriage’, and examining the case for disestablishment, I proceed to consider the advantages and disadvantages of each model. My tentative conclusion is that the Contract Model is the one that best instantiates cardinal liberal virtues. (shrink)

This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal state (...) should get out of the "marriage business" by leveling down to a universal status of "civil union" neutral as to the gender and affective purpose of domestic partnerships. I then refute what I regard as the four most plausible rational objections to offering this civil union status to multi-member domestic partnerships. The most common objection to polygamy is on grounds of gender equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (by whatever name it goes in contemporary, complex, multicultural societies) to tolerate a certain amount of inequality in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable, even reasonable. Arguments from the welfare of children, fairness in the spousal market, and the abuse of family subsidies are also considered and found insufficient for excluding polygamy. (shrink)

Opponents of same-sex marriage suggest that legalizing same-sex marriage will start a slide down a “slippery-slope” leading to the legalization of all kinds of salacious family arrangements including polygamy. In this paper, I argue that because previous attempts by liberal political theorists to combat such slippery-slope arguments have been unsuccessful, there are two options left open to political liberals. Either one could embrace polygamy as a logically consistent implication of extending civil liberties to same-sex couples or one could find a (...) new strategy for blocking the slide down the slope. I take the second option arguing that we ought to devise a harm principle for domestic partnerships. Once this principle has been established, it becomes clear that the risk of exploitation for those potentially occupying the multiple side of the marriage is sufficient reason to reject polygamous marriage arrangements. I conclude that, contrary to appearances, holding both same-sex marriage is permissible and polygamous marriage is impermissible is at the same time consistent and consistently liberal. (shrink)

In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be both legal and eligible (...) for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. One potentially surprising conclusion of this inquiry is that far from creating strong reasons for tolerating these practices, religious or cultural reasons for valuing incest (as well as polygamy) actually seem to count against tolerating them. The reason is that from a liberal perspective, tolerating polygamy and incest involves the assumption that it is possible to disassociate polygamy and incest simpliciter from abusive practices associated with them, including environments where children are raised to devalue their own sexual (and other) autonomy. However, the presence of comprehensive doctrines which include polygyny or incest as part of a good life actually makes it harder to justify disassociating polygamy and incest themselves from the likely abuse and coercion practiced by those who would value polygyny or incest. (shrink)

Background The ethical governance of Artificial Intelligence (AI) in health care and public health continues to be an urgent issue for attention in policy, research, and practice. In this paper we report on central themes related to challenges and strategies for promoting ethics in research involving AI in global health, arising from the Global Forum on Bioethics in Research (GFBR), held in Cape Town, South Africa in November 2022. Methods The GFBR is an annual meeting organized by the World Health (...) Organization and supported by the Wellcome Trust, the US National Institutes of Health, the UK Medical Research Council (MRC) and the South African MRC. The forum aims to bring together ethicists, researchers, policymakers, research ethics committee members and other actors to engage with challenges and opportunities specifically related to research ethics. In 2022 the focus of the GFBR was “Ethics of AI in Global Health Research”. The forum consisted of 6 case study presentations, 16 governance presentations, and a series of small group and large group discussions. A total of 87 participants attended the forum from 31 countries around the world, representing disciplines of bioethics, AI, health policy, health professional practice, research funding, and bioinformatics. In this paper, we highlight central insights arising from GFBR 2022. Results We describe the significance of four thematic insights arising from the forum: (1) Appropriateness of building AI, (2) Transferability of AI systems, (3) Accountability for AI decision-making and outcomes, and (4) Individual consent. We then describe eight recommendations for governance leaders to enhance the ethical governance of AI in global health research, addressing issues such as AI impact assessments, environmental values, and fair partnerships. Conclusions The 2022 Global Forum on Bioethics in Research illustrated several innovations in ethical governance of AI for global health research, as well as several areas in need of urgent attention internationally. This summary is intended to inform international and domestic efforts to strengthen research ethics and support the evolution of governance leadership to meet the demands of AI in global health research. (shrink)

This paper introduces the concept of gothic violence in order to better theorize how domination operates in Mary Wollstonecraft’s unfinished novel, The Wrongs of Woman, or Maria. The fictive companion to A Vindication of the Rights of Woman, Maria is an account of the titular character’s struggle for self-determination in all aspects of her life, including her desire for a companionate partnership. I argue that Maria’s ultimate lack of freedom is directly attributable to coverture, the patriarchal legal fiction whereby wives (...) are subsumed under the legal persona of their fathers or husbands. Building on scholarship that positions Wollstonecraft as a republican feminist, I show how Maria articulates what I call gothic violence, a form of psychic domination that places the other in a condition of unfreedom by denying their status as an autonomous being and holding them in subordination through a variety of techniques, such as denial of legal and social status and testimonial quieting. I show how gothic violence results in the unfreedom of women through its reliance on domestic settings and intimate relationships, and with the support of law and custom, of which coverture is a central example. I conclude by suggesting that attending to gothic violence in Wollstonecraft’s thought allows us to further see the continuity between her political and fictional writings. (shrink)

Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

The member states of the United Nations General Assembly in 2005 unanimously adopted the resolution on Responsibility to Protect to save citizens from genocide, war crimes, ethnic cleansing, and crimes against humanity. Since adoption, the norm has been invoked in Libya, South Sudan, Yemen, and Syria, nonetheless, the UN refrains to respond to the genocide committed in the Jammu & Kashmir and triggering a greater sense of anxiety. In this context, the present paper elucidates the factors behind the UN failure. (...) It asks why the UN failed to call R2P despite systematic crimes against humanity in Kashmir. What factors or forces preclude the UN to invoke R2P? The paper argues that the inability of the UN to invoke R2P is a consequence of systemic and domestic factors. The Indo-US strategic partnership, materialism, and New Delhi’s influence in the international system are obstructing the UN’s ability to play a decisive role. Meanwhile, the economic and military potential of India and its regional influence forbid the international community to dissuade India not to commit genocide in Jammu & Kashmir. So the high politics of materialism and national interests override the norm of human rights and humanity. (shrink)

Can civic organizations be both locally rooted and globally connected? Based on a survey of 1,002 of the largest civic organizations in Hungary, we conclude that there is not a forced choice between foreign ties and domestic integration. By studying variation in types of foreign interactions and variation in types of domestic integration, our analysis goes beyond notions of footloose experts versus rooted cosmopolitans. Organizations differ in their rootedness according to whether they have ties to their members and (...) constituents, whether they have ties to other organizations in the civic sector, and whether they associate with actors from outside the civic sector. Similarly, we specify different types of foreign ties. In both domains our emphasis is on the type of action involved in the tie–especially relations of accountability and partnership. By demonstrating a systematic relationship between the patterns of foreign ties and the patterns of domestic integration, we chart three emerging forms of transnational publics. (shrink)

Indonesia is recognized as a nurse exporting country, with policies that encourage nursing professionals to emigrate abroad. This includes the country’s adoption of international principles attempting to protect Indonesian nurses that emigrate as well as the country’s own participation in a bilateral trade and investment agreement, known as the Indonesia–Japan Economic Partnership Agreement that facilitates Indonesian nurse migration to Japan. Despite the potential trade and employment benefits from sending nurses abroad under the Indonesia–Japan Economic Partnership Agreement, Indonesia itself is suffering (...) from a crisis in nursing capacity and ensuring adequate healthcare access for its own populations. This represents a distinct challenge for Indonesia in appropriately balancing domestic health workforce needs, employment, and training opportunities for Indonesian nurses, and the need to acknowledge the rights of nurses to freely migrate abroad. Hence, this article reviews the complex operational and ethical issues associated with Indonesian health worker migration under the Indonesia–Japan Economic Partnership Agreement. It also introduces a policy proposal to improve performance of the Indonesia–Japan Economic Partnership Agreement and better align it with international principles focused on equitable health worker migration. (shrink)

The article delves into Kazakhstan’s policies vis-à-vis the European Union, focusing on their driving motives and enabling conditions. Drawing upon published papers and, to a lesser degree, primary sources, the author argues that friendship with the EU largely serves the Kazakhstani elite as means of economic modernisation as well regime legitimation, perfectly fitting Kazakhstan’s dominant domestic discourse which portrays the country as Eurasian and its foreign policy—as multi-vector. The study also shows that Astana’s partnership with Brussels is to a (...) large degree possible because the EU holds a simultaneous positive attitude to such partnership regardless Kazakhstan’s authoritarian regime. According to the article, such reflects the great instrumental value collaboration with Astana gives Brussels, the EU’s general inactivity on democracy promotion in Central Asia and Kazakhstan’s looking more pro-European and economically/politically advanced against the background of its post-Soviet and Central Asian autocratic fellows. The paper concludes by reflecting on the configuration of pragmatism and identity in Astana’s approach to the EU and discussing the peculiarities of the bloc’s power over Kazakhstan. (shrink)

According to the Economic Survey of India, 2012–2013, the real estate sector contributed 5.9 % of the India’s total Gross Domestic Product in the Financial Year 2011–2012, while remaining the second largest employment generator after agriculture in India. The urban population in India is projected to touch 600 million by 2030, from 377 million in 2011, thereby fuelling a housing shortage of around 26 million. However, the perception of Construction industry, like other sectors of the economy, is that of (...) creating “human habitat in a manner generally focussed on profitability without consideration of its long-term impacts.” Under such circumstances, Tata Housing Development Company Limited, a closely held Public Limited Company under 99.86 % subsidiary of Tata Sons, is the first Indian real estate company to have reported the triple bottom-line Global Reporting Initiative G4 Sustainability Reporting Guidelines in its Sustainability Report FY 2013–2014. THDCL aims to volunteer its resources to the extent it can reasonably afford, to sustain the environment and to improve the quality of life of the people of the area in which it operates. This Situational Case Study, targeted towards management students and practitioners, and social and developmental workers in the areas of Corporate Governance, Strategic Management, Business Environment, Business Policy and Community Welfare, aims to identify the community engagement model of THDCL; analyse it in terms of its implementation and impact; and initiate discussion about the role of strategic partnerships under Corporate Social Responsibility in an emerging economy. This work may be used for developmental related workshops/training programmes for students and working professionals of innovation, CSR, sustainability, social and developmental sectors and shared, among others, in various Chambers of Commerce and Academic forums on the same. It is, however, not intended to serve as an endorsement, source of data or illustration of effective or ineffective management. Certain names and information could have been disguised for confidentiality. (shrink)

This book is a comparative study which covers a number of major jurisdictions, viz., Australia, Belgium, Canada, England and Wales, France, Germany, Italy, Japan, Spain, Sweden, The Netherlands and the USA. A separate chapter deals with developments in the context of the European Union. The study is based on a questionnaire of the IBA Section on Business Law Subcommittee on the Structure and Ethics of Business Law. Part one of each country report covers the basic rules applying to the (...) class='Hi'>domestic legal profession, such as the method of qualifying as a lawyer, the extent to which legal services are reserved to lawyers, and the ethical rules which apply to matters such as advertising, fees, correspondence, etc. The second part sets out what rules the jurisdiction in question imposes on its own lawyers when they are involved outside the jurisdiction. The third part deals with the rules which apply to a foreign lawyer practising within the jurisdiction. The last part deals with the various kinds of international associations to which lawyers may be party, such as alliances, office-sharing and multi-national and multi-disciplinary partnerships. In a final chapter the editor draws some conclusions on the current situation and on where international practice is heading. A number of useful appendices have been added, which set out the most important texts including the IBA International Code of Ethics. (shrink)

China is actively deepening integration into economic cooperation in the Asia-Pacific region. The Regional Comprehensive Economic Partnership Agreement has come into force and China is one of its members. Furthermore, China is applying to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. This study uses the Global Trade Analysis Project model to measure the impact of the RCEP and CPTPP on Gross Domestic Production, import, export, terms of trade, and social welfare of major economies under various scenarios, as (...) well as the competitive effects and complementarity of the RCEP and CPTPP. We found that the CPTPP with China’s accession and the RCEP will complement and strengthen each other and that the members of the two agreements can obtain substantial benefits. If China and the United States join the CPTPP, China’s import growth rate will be higher than its exports. This would transmit growth to other nations and help bridge the trade gap between China and the United States. (shrink)

Conceived to commemorate the victims of South Korea’s participation in the Vietnam War, the statue of the Vietnam Pieta invites us to question who shapes the memory of this neglected facet of the conflict. The present article analyzes the various actors involved in this contentious process in and across both countries, starting with the South Korean activists behind the statue’s making and the movement for recognizing the crimes committed by their army. Examining these activists’ advocacy work since the late 1990s, (...) the article argues that they are triply situated in the fight over remembering South Korea’s intervention in Vietnam. Truth advocates first appear in a position of privilege and leadership vis-à-vis Vietnamese victims of South Korean military wrongdoings, which raises the issue of the material and political asymmetries at stake in the construction of memory. Simultaneously, the same advocates occupy a position of marginality vis-à-vis the dominant public discourse held on the war by Hanoi and Seoul, whose common interest lies in deepening their mutually beneficial but unequal economic partnership. Thirdly, the memory of the conflict pits truth activists against another group within their own civil society: veterans’ organizations aggressively denying all war crimes accusations. Ultimately, remembering the war is not the object of a bilateral dispute between the South Korean and Vietnamese states, but rather a site of domestic tensions within South Korea itself. (shrink)

The China-Pakistan Economic Corridor (CPEC) is believed to be Beijing’s most ambitious project so far. Two types of apprehensions are often voiced to support this claim. First, it is widely argued that despite enjoying enduring strategic partnership for over five decades, Pakistan and China don’t match economically. The Chinese will get weary of the many challenges coming with the corrupt, inefficient and globally isolated Pakistan, seriously undermining the conclusion of the Chinese mammoth investment in CPEC Secondly, Pakistan’s prevailing environment of (...) insecurity which is rife with Islamic militancy and domestic insurgency is thought to be posing serious threats to the construction of the corridor. This paper aims to explain why, despite possible concerns, the China Pakistan economic corridor will succeed. (shrink)

Purpose This paper aims to discuss characteristics of Korea’s system responses with a research framework of the structure, conduct and performance theory and explain the role of information, communication technologies (ICT) and Big Data from a technology-mediated control (TMC) perspective. Design/methodology/approach This study examines the contextual nature of Korea’s diagnostic, preventive and treatment efforts. Particular attention is paid to issues related to the effective use of Big Data analytics and its applications, reporting mechanisms and public safety measures. The research model (...) defines key factors in assessing the effectiveness of Korea’s responses. Findings Findings of this research suggest: effective strategic planning and operational execution use well-tested and designed crisis-responsive manuals; linkage role of ICT/Big Data is prominent in trace, test and treat and participation (3T + P); and aggressive epidemic investigations require synergistic efforts of national and local government units, broad societal support and participation and contribution of global firms offering their domestic and global supply chain network capabilities. Research limitations/implications The Korean Government's effective response experiences suggest the synergy of political, social, cultural and technological factors. Future studies may explore how personal privacy and public safety are both achieved in different social–cultural–political contexts (Ahn et al., 2020; Delgado et al., 2020; Sharma and Bashir, 2020). Other emerging organizational issues and international comparative studies are worth further investigation in future studies. Practical implications This case study suggests how to apply ICT capabilities for organizing a national response to the coronavirus pandemic (COVID-19) pandemic. Public and private partnership in the framework of sociotechnological synergy (i.e. integration of ICT and social orchestration) is essential for the 3T process. In support of public policy initiatives, global firms share their IT infrastructure and supply chain integration experiences to accommodate global-level crises like the COVID-19 pandemic. Social implications This study extends the TMC framework to a national level. In the adapted TMC framework, the control source, control target and linkage mechanism are specified. Using TMC, this shows the dynamic roles of ICT/Big Data in Korea’s COVID-19 response experiences. Originality/value The impacts of the COVID-19 are rapid and enormous. Despite the controversial early policy decisions and the rapid rise of confirmed patients, the world has recognized Korea’s effective responses to the COVID-19 pandemic. (shrink)

The United States' pursuit of increasingly TRIPS-Plus levels of intellectual property protection for medicines in bilateral and regional trade agreements is well recognized. Less so, however, are U.S. efforts through these agreements to influence and constrain the pharmaceutical coverage programs of its trading partners. Although arguably unsuccessful in the Australia- U.S. Free Trade Agreement (AUSFTA), the U.S. nevertheless succeeded in its bilateral FTA with South Korea (KORUS) in establishing prescriptive provisions pertaining to the operation of coverage and reimbursement programs for (...) medicines and medical devices, which have the potential to adversely impact future access in that country. More recently, draft texts leaked from the current Trans Pacific Partnership Agreement (TPPA) negotiations show that U.S. objectives include not only AUSFTA-Plus and KORUS-Plus IP provisions but also ambitious inroads into the domestic health programs of its TPPA partners. This highlights the apparent conflict between trade goals — pursued through multilateral legal instruments to promote economic “health”— and public health objectives, such as the development of treatments for neglected diseases, the pursuit of efficiency and equity in priority setting, and the procurement of medicines at prices that reflect their therapeutic value and facilitate affordable access. (shrink)

Goal of this article is to study the system application directions of marketing tools and technologies to improve the competitiveness of the region and regional markets in the changing conditions of the environment. It is noted that the theory and practice of marketing in the modern territorial administration considers it as a key factor of competitiveness, which will help to keep existing residents and attract expensive, educated, skilled workforceand form comfortable conditions for the operation of existing businesses and develop programs (...) of attractiveness for investors and new entrepreneurs, to develop a unique tourism product focused on the re-visiting etc. It was considered the role of regional marketing definitions of national and foreign scientists. The attention is focused to the fact that despite the growth of attention of theorists and practitioners to territorial management technologies and marketing tools, many questions remain in terms of adapting to the needs of different territorial levels. The main problems associated with the direct transfer of technology of the corporate sector in management system and life activity of regions and cities. Stated that competitiveness as the object marketing impact should be considered within the classical concept of territorial marketing, according to which the bodies of local authorities should seek to identify current and future needs of target segments and play them in goods and services area better than do competitors. The classical concept, along with other modern concepts of territorial marketing gives to marketing a kind of integrator partnership of territorial authorities and target audiences. Were described the main subjects marketing in the region, discussed their role in enhancing the competitiveness of the regional markets systems on condition of the realization of their own interests and considered. It is noted that the main task of marketing should be increasing the attractiveness of its territory - complex of resources conditions, relationships, objects that allow in the market conditions to reorient themselves to the flow of resources, which will compete with other regions. Marketing territories allows to clearly understand that successful economic and social development should be to re-evaluate the area and conditions for the operation and development of the territory. It was established that today is activated the use of marketing approach in the local administration, but there is no systematic use of all marketing tools when forming strategies of Ukrainian cities and regions the use of limited marketing application of communication tools and event technologies and remain out of sight other important elements of the marketing mix. Specified directions for using the elements of the marketing mix in the process of ensuring the competitiveness of the region and the transformation of the system of regional markets. Integrated use of elements of the complex of territorial marketing, its successful "mixing", harmonization of marketing strategies and policies, can form a set of practical tools of adaptation the region to the market situation in the region to ensure competitiveness and create conditions for the implementation of strategic development programs. It was concluded that regional marketing system of regional markets makes it possible to form the best competitive advantages for customers compared with other areas, promotes the efficient use of resources to improve the competitiveness and image, helping to attract economic agents increasing the attractiveness and competitiveness of the region aimed at sustainable development of the region, and creating a long term and mutually beneficial relationships with internal and external partners. Client-orientation of marketing approach to the management of the region and to transform the system of regional markets allows you to create unique properties of the region as a place of residence, visiting, business investment and promote it successfully in domestic and foreign markets. (shrink)

This article investigates the practice of vat en sit to offer solutions to church councils of the mainly Black Reformed Churches in South Africa and also to the couples and families involved in such a relationship. Vat en sit is fast becoming a common phenomenon in South Africa. It should be noted that some of the couples in the vat-en-sit relationships may enter into it with no formal agreement. However, there are partners who may enter into this kind of relationship (...) through a universal partnership agreement whereby the couple plan to live together without marrying one another or a domestic life-partnership agreement whereby the couple opt to regulate their rights and duties in a vat-en-sit relationship. It does not, however, affect only the black members of the Reformed Churches in South Africa but also the family structures of society. The article thus endeavours to determine the reasons why many couples go this route and also how church councils could be assisted in dealing with the issue of vat en sit. This concept will be disseminated under the following headings: The causes of vat en sit relationships Implications of vat en sit The effect of a vat-en-sit relationship in the church The solution to the issue of vat en sit is to assist church councils, couples and their immediate and extended families. (shrink)

In February 2019, the German federal government announced its new “National Industry Strategy 2030.” Many economies—including the United Kingdom (2017), European Union (2017), and Saudi Arabia (2018)—have announced national industrial strategies addressing the competitive threat of the People’s Republic of China’s 2015 “Made in China 2025” 5-year economic plan to become a global leader in 10 advanced technology manufacturing sectors. The use of the 20th-century term “industrial policy” heralds back to public policy antecedents of what is now evolving globally in (...) the 21st century as national “industrial strategy,” a concept explored in this article. Unlike traditional 20th-century efforts at industrial policy (which focused on public policy efforts to maintain domestic primacy of declining, older industries), national industrial strategy recognizes (and generally accepts) the international global economy as a foundation of competition. Most importantly, national industrial strategy focuses on technologically emerging industries as well as the national government working collaborative in a partnership with these emerging industries to meet future growth challenges and opportunities. (shrink)

Relevance of the article is determined that the effective functioning of the reinsurance market greatly depends on the development of its infrastructure because it creates opportunities for implementation of reinsurance services, mediates, accelerates and facilitates placement and execution of reinsurance contracts. Given the state of the domestic insurance market mediation necessary means to enhance its development and integration into the global reinsurance market. The article is a study of measures to enhance the role of mediation in the insurance market (...) of Ukraine. The article provided a critical assessment of the legal status of insurance mediation in Ukraine. Factors that determine its role in the insurance market of Ukraine. Established quantitative and cost indicators of intermediation of brokers in insurance and reinsurance, given their logical explanation. Suggestions to create appropriate conditions for the development of mediation in the insurance and reinsurance markets in Ukraine. Mediation plays an important role in the development of the insurance market of Ukraine since: helping the participants to choose the most optimal proposal for the establishment of additional guarantees of the insurance liabilities; strengthening partnerships and trust between the reinsurer and the reinsurer; improves the quality and dynamics of sales reinsurance services; supports a healthy competitive environment in the reinsurance market. It was established that the quantitative and cost indicators of intermediation of brokers in insurance and / or reinsurance in Ukraine do not match. By number of deals leadership position with insurers-residents, the cost - non-resident reinsurers. The most attractive segment for mediation turned provision of agreements with non-resident reinsurers for property insurance. To create the appropriate conditions for the development of mediation in the insurance and reinsurance markets of Ukraine should: increase transparency of brokers to introduce their professional liability insurance and the formation of guarantee funds. (shrink)

Partnerships with Families and Communities: Building Dynamic Relationships is a comprehensive and accessible resource that provides pre-service teachers with the tools required to build effective, sustainable and proactive partnerships in both early childhood and primary educational settings. This text introduces models of home-school-community partnerships in educational contexts and presents a comprehensive partnerships approach for best practice in applying and leading effective relationships with key stakeholders. It explores essential underpinning policies, legislation and research theories that position strong, (...) positive and proactive partnerships as a systemic solution to children's learning development. Key topics covered include diversity in partnership work, reflective practice and tools for evaluating working partnerships. Each chapter includes focused pedagogy, key terms and definitions, scenarios and review questions, which enable readers to deeply engage with new concepts. 'Proactive Partners' boxes explore real-world scenarios and encourage readers to link theory with practice. (shrink)

Over the last two decades there has been a proliferation of partnerships between business and government, multilateral bodies, and/or social actors such as NGOs and local community organizations engaged in promoting development. While proponents hail these partnerships as an important new approach to engaging business, critics argue that they are not only generally ineffective but also serve to legitimate a neo-liberal, global economic order which inhibits development. In order to understand and evaluate the role of such partnerships, (...) it is necessary to appreciate their diversity with respect to not only the activities that they engage in, but also the degree to which they are subject to social control. This paper distinguishes four different types of business partnerships, based upon differing degrees of social control: conventional business; corporate social responsibility; corporate accountability; and social economy. Each type of partnership is described, their basic forms are noted, and the conditions and prospects for them contributing to development are examined. By way of conclusion, an analysis is offered of how the different types of business partnerships relate to different conceptions of development and function as policy paradigms to promote different globalization agendas. (shrink)

Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind of (...) epistemic injustice afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)

This paper builds on London and Hart’s critique that Prahalad’s best-selling book prompted a unilateral effort to find a fortune at the bottom of the pyramid. Prahalad’s instrumental, firm-centered construction suggests, perhaps unintentionally, a buccaneering style of business enterprise devoted to capturing markets rather than enabling new socially entrepreneurial ventures for those otherwise trapped in conditions of extreme poverty. London and Hart reframe Prahalad’s insight into direct global business enterprise toward “creating a fortune with the base of the pyramid” rather (...) than at the BoP. This shift in language requires a recalibration of strategic focus, we argue, and will necessitate implementation of “moral imagination” to formulate new mental models that can frame the possibility of local entrepreneurs working collaboratively and discursively with development partners drawn from civil society, corporate, and government sectors. Successful partnerships will arise from interactive processes of emergent, co-creative learning within a shared problem domain or “community of practice”. We call attention to three related pluralist framings of situated learning within such communities of practice: decentered stakeholder networks; global action networks; and a focus on “faces and places” as a cognitive lens to humanize and locally situate diverse inhabitants within base of the pyramid partnership projects. (shrink)

Since Opuz v. Turkey (2009), the European Court of Human Rights (ECHR) delivered over a dozen judgments in which it examined domestic violence through the prism of gender-based discrimination. Apart from the individual circumstances of the cases, the Court considered the general approach to domestic violence in the defendant states, searching for a large-scale structural gender bias. Hence, although the Court has not directly referred to the notion of “structural discrimination” in relation to domestic violence, it engaged (...) in unveiling this problem within the state parties. Building on the case law of the Court, the article presents and systemizes information that may prove structural gender discrimination in domestic violence cases. It navigates potential applicants through the Court’s interpretation and indicates arguments and sources that may support their claims. In particular, it discusses what kind of data and information may demonstrate the general, discriminatory attitude of the authorities towards domestic violence and what sources the applicants may use while seeking the evidence. (shrink)

The stock market crash of 1987 had a profound effect on corporate Australia and the Australian community in general. The fall-out revealed that some of our most respected business figures had not been as ethical, or even as lawful, as we would have hoped. This impropriety produced in Australia an awakening to business ethics. Whilst many companies endeavoured to introduce ethical practices into their corporations, they perceived ethics as a way of minimising damage to the corporation and in some cases (...) as a means of competitive advantage. What was lost was the reason that one should embark on business ethics; and that is to make the society and corporate Australia a more ethical place in which to exist.This paper proposes a model based on 2 factors: commitment and partnerships, as a means of enabling corporate Australia to refocus attention on the main purpose of being inherently ethical in all that we do. This ethical model requires a commitment to partnerships with all stakeholders both internal and external in an attempt to enhance the level of ethical business practices that are contemplated and pursued within corporate Australia. Whilst the research agenda and the information collected is Australian-based, it is hoped that the ideas contained within this paper will have a wider appeal to corporations in similar cultural settings. (shrink)

BackgroundInternational partnerships in research are receiving ever greater attention, given that technology has diminished the restriction of geographical barriers with the effects of globalisation becoming more evident, and populations increasingly more mobile.DiscussionIn this article, we examine the merits and risks of such collaboration even when strict universal ethical guidelines are maintained. There has been widespread examples of outcomes beneficial and detrimental for both high and low –income countries which are often initially unintended.SummaryThe authors feel that extreme care and forethought (...) should be exercised by all involved parties, despite the fact that many implications from such international work can be extremely hard to predict. However ultimately the benefits gained by enhancing medical research and philanthropy are too extensive to be ignored. (shrink)

While cross-sectoral partnerships are frequently presented as a way to achieve sustainable development, some corporations that first tried using the strategy are now changing direction. Growing tired of what are, in their eyes, inefficient and unproductive cross-sectoral partnerships, firms are starting to form post-cross-sectoral partnerships (‚post-partnerships’) open exclusively to corporations. This paper examines one such post-partnership project, the Business Social Compliance Initiative (BSCI), to analyse the possibility of post-partnerships establishing stable definitions of ‚corporate responsibility’. We (...) do this by creating a theoretical framework based on actor-network theory (ANT) and institutional theory. Using this framework, we show that post-partnerships suffer from the paradox of striving to marginalise those stakeholders whose support they need␣for establishing stable definitions of ‚corporate responsibility’. We conclude by discussing whether or not post-partnership strategies, despite this paradox, can be expected to establish stable definitions of ‚corporate responsibility’. (shrink)

The prospect of climate change due to human activities has put the question of inter- and intragenerational justice or equity in matters of common concern on the global agenda. This article will focus on the question of intragenerational justice in relation to these issues. This involves three basic questions. Firstly, the question of which distributive criteria may be relevant in the distribution of the goods and bads related to the increasing greenhouse effect. A series of criteria are discussed in relation (...) to different understandings of the problem. The second question is which kind of relationship the global partnership is or should be considered to be in issues of common concern. It is argued that various understandings of the global partnership can be expected to result in the use of different criteria. This diversity leads us to the third question concerning the possibility of identifying an overall social ideal which can be used in cases where several different criteria may be useful. I shall discuss one such ideal in particular, namely the ideal of complex equality. In the concluding remarks it is argued that a distribution of emission quotas to countries in accordance with population size is a reasonable starting point for an equitable solution, although it involves various problems of application. (shrink)

Despite Carl Jung’s stated debts to Kant, Nietzsche and Schopenhauer, this paper articulates a more profound yet silent intellectual partnership between Schelling’s philosophy and analytical psychology. Schelling’s metaphysics navigate the aporias Jung often encounters in his psychology; Jung provides Schelling’s metaphysics with a therapeutics and mode of being in the world. This paper reads the actants’ dynamism in Schelling’s First Outline and the potencies' work of yearning in the 1815 Ages of the World forward to Jungian metapsychology, which thinks Schelling (...) within a topography of the non-Freudian productive psyche. I end by developing the Romantic metasubject as the non-Freudian subject emerging from this ideational countertransference. (shrink)

This article argues that rape myths and domestic abuse myths constitute hermeneutical injustices. Drawing on empirical research, I show that the prevalence of these myths makes victims of rape and of domestic abuse less likely to apply those terms to their experiences. Using Sally Haslanger's distinction between manifest and operative concepts, I argue that in these cases, myths mean that victims hold a problematic operative concept, or working understanding, which prevents them from identifying their experience as one of (...) rape or of domestic abuse. Since victims in this situation lack the conceptual resources needed to render their experience sufficiently intelligible, they are suffering a form of hermeneutical injustice. Attending to this distinctive case sheds new light not only on the functioning of social myths of this kind but on the nature of hermeneutical injustice itself, since the case of the victim who accepts myths is importantly different from other cases of hermeneutical injustice discussed in the literature to date. In practical terms, this analysis supports calls for juries in rape trials to be warned about rape myths at the start of the trial, and may have implications for calls for statutory Sex and Relationships Education in schools. (shrink)

Partnerships can play an important role in addressing environmental concerns and fostering environmental improvement. In this context, we argue that a more elaborate understanding is needed of how partners intend to reach beyond the partnership boundaries and target stakeholders at the firm, industry, supply-chain, or societal levels. As environmental improvement is intertwined with the process of change, we build on the theory of planned change to explain how the focus on selected partnership mechanisms may help partners anticipate and overcome (...) barriers when targeting environmental improvement at these different levels. We test our framework, using a sample of 566 environmental partnerships formed in the USA, and provide rich insights into how partners intend to reach beyond the partnership boundaries. From a practical perspective, these insights may inform corporate managers’ decision to configure environmental partnerships in terms of the target group and suitable partnership mechanism. From a theory perspective, the study helps develop a more systematic understanding of what partners intend to do and when partnerships may provide benefits in addressing level-specific change barriers. These insights provide a first step in positioning partnerships in the broader context of environmental change and encourage future research to move from the intentions to the actual outcomes. (shrink)

Language did not evolve only in the distant past. Our shared understanding of the meanings of words is ever-changing, and we make conscious, rational decisions about which words to use and what to mean by them every day. Applying Charles Darwin's theory of "unconscious artificial selection" to the evolution of linguistic conventions, Daniel Cloud suggests a new, evolutionary explanation for the rich, complex, and continually reinvented meanings of our words. The choice of which words to use and in which sense (...) to use them is both a "selection event" and an intentional decision, making Darwin's account of artificial selection a particularly compelling model of the evolution of words. After drawing an analogy between the theory of domestication offered by Darwin and the evolution of human languages and cultures, Cloud applies his analytical framework to the question of what makes humans unique and how they became that way. He incorporates insights from David Lewis's Convention, Brian Skyrms's Signals, and Kim Sterelny's Evolved Apprentice, all while emphasizing the role of deliberate human choice in the crafting of language over time. His clever and intuitive model casts humans' cultural and linguistic evolution as an integrated, dynamic process, with results that reach into all corners of our private lives and public character. (shrink)