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Book part
Publication date: 1 July 2004

Catherine J Ross

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a…

Abstract

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time alone establishes parental fault and satisfies a parent’s due process rights. It also fails to protect the minority of children who assert an interest in preserving a safe relationship with mothers who are unlikely to meet the state’s schedule – including many substance abusers and victims of domestic violence.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-109-5

Article
Publication date: 10 May 2011

Ardeshir Atai

The purpose of this paper is to examine the remedies available under Iranian investment treaties for settlement of investment disputes. This includes the obligation of the Iranian…

Abstract

Purpose

The purpose of this paper is to examine the remedies available under Iranian investment treaties for settlement of investment disputes. This includes the obligation of the Iranian Government to provide foreign investors access to international arbitration. The sensitivity of the controversial Iranian nuclear program and the imposition of economic and financial sanctions on Iran will lead to the termination of many contracts between companies from Europe and the West and Iran, therefore, a viable solution must exist to address the rights and remedies of foreign investors. This article aims to provide an insight into Iranian treaties.

Design/methodology/approach

The main method was a survey of different treaties signed by Iran.

Findings

The discussion revealed that there are currently more than 50 treaties signed and ratified by Iran which provide arbitration as a dispute resolution forum. There are many treaties between the member countries of the European Union which make it important for the research. Iranian treaties guarantee international law remedies to foreign companies with investment in Iran by allowing them to seek redress in an international forum.

Practical implications

Iran has not signed the ICS1D Convention, meaning that the arbitration proceedings will be subject to ad hoc arbitration rules of UNCITRAL. Furthermore, ICSID rules on enforcement of the award do not apply. Therefore, the winning party must go through the Iranian courts to enforce its awards.

Originality/value

The value of the paper is to government organization, international institutions and multinational companies with substantial economic interest in Iranian energy and natural resources. For the first time, the topic has been covered in a research paper. There are no articles in Iranian bilateral investment treaties (BITs) addressing dispute resolution through arbitration. This is the first piece of work that actually conducted a thorough analysis of Iranian BITs.

Details

Journal of Money Laundering Control, vol. 14 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 26 January 2011

Brian Rappert, Richard Moyes and A.N. Other

In acknowledgment of the demands of studying state secrecy, this chapter asks how novel possibilities for knowing can be fashioned. It does so in relation to the place of secrecy…

Abstract

In acknowledgment of the demands of studying state secrecy, this chapter asks how novel possibilities for knowing can be fashioned. It does so in relation to the place of secrecy within international diplomatic and security negotiations associated with humanitarian disarmament. A conversational account is given regarding how “cluster bombs” become subject to a major international ban in 2008. Tensions, uncertainties, and contradictions associated with knowing and conveying matters that cannot be wholly known or conveyed are worked through. With these moves, a form of writing is sought that sensitizes readers to how absences figure within debates about social problems and the study of those debates, as well as how ignorance born out of secrecy helps secure an understanding of the world. Uncertainties, no-go areas, and blind spots are looked to as analytical and practical resources.

Book part
Publication date: 1 December 2008

Laura C. Engel

In recent years, there have been major changes in educational governance and the organization and management of primary and secondary education. This is particularly the case as…

Abstract

In recent years, there have been major changes in educational governance and the organization and management of primary and secondary education. This is particularly the case as indicated by debates and deliberations over notions of “good governance” and “public management,” accountability, transparency, effectiveness of public services, performance, and the generation of benchmarks and cross-national comparative data. Among these trends is the debate over educational decentralization, which in the past several decades has become a mode of governance strongly advocated by international policy organizations, such as the Organization for Economic Co-operation and Development (OECD), International Monetary Fund (IMF), World Bank, and United Nations Educational, Scientific and Cultural (UNESCO).

Details

Power, Voice and the Public Good: Schooling and Education in Global Societies
Type: Book
ISBN: 978-1-84855-185-5

Book part
Publication date: 18 April 2015

Benny Carlson and Lars Jonung

Bertil Ohlin was a most active commentator on current economic events in the interwar period, combining his academic work with a journalistic output of an impressive scale. He…

Abstract

Bertil Ohlin was a most active commentator on current economic events in the interwar period, combining his academic work with a journalistic output of an impressive scale. He published more than a thousand newspaper articles in the 1920s and 1930s, more than any other professor in economics in Sweden.

Here we have collected 10 articles by Ohlin, translated from Swedish and originally published in Stockholms-Tidningen, to trace the evolution of his thinking during the Great Depression of the 1930s. These articles, spanning roughly half a decade, bring out his response to the stock market crisis in New York in 1929, his views on monetary policy in 1931, on fiscal policy and public works in 1932, his reaction to Keynes’ ideas in 1932 and 1933 and to Roosevelt’s New Deal in 1933, and, finally, his stand against state socialism in 1935.

At the beginning of the depression, Ohlin was quite optimistic in his outlook. But as the downturn in the world economy deepened, his optimism waned. He dealt with proposals for bringing the Swedish economy out of the depression, and reported positively on the policy views of Keynes. At an early stage, he recommended expansionary fiscal and monetary policies including public works. This approach permeated the contributions of the young generation of Swedish economists arising in the 1930s, eventually forming the Stockholm School of Economics. He was critical of passive Manchester liberalism, ‘folded-arms evangelism’ as well of socialism while promoting his own brand of ‘active social liberalism’.

Article
Publication date: 1 August 1916

In a recent article dealing with the crimes against humanity committed by Germany, The Daily Telegraph remarks that thousands of innocent men, women, and little children murdered…

Abstract

In a recent article dealing with the crimes against humanity committed by Germany, The Daily Telegraph remarks that thousands of innocent men, women, and little children murdered in cold blood by airship and submarine appeal for vengeance. The acts of Germany from the early days of the war onwards have filled decent‐minded people with feelings of loathing, and it is well that the last bonds uniting the two nations should be severed. This is no ordinary war. It has cut a deep chasm between the British and German peoples. By every means in our power we must remove, root and branch, those enemy influences in our midst which, by a process of “peaceful penetration,” were undermining our social, financial, and industrial power.

Details

British Food Journal, vol. 18 no. 8
Type: Research Article
ISSN: 0007-070X

Book part
Publication date: 4 April 2017

Helen M. Kinsella

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and…

Abstract

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and unnecessary suffering – two concepts that gird the regulation and moderation of war and limit the use of certain means and methods of warfare – were invoked as a means of calling into account the actions of imperial states. These meetings took place in the context of the conflicts in Southeast Asia, following the wars of decolonization and national liberation in the 1950s and 1960s. The participants in these meetings were freedom fighters and liberation movements who used this forum, which was open to them for the first time, to push for a wider understanding of the concepts of superfluous injury and unnecessary suffering. Their intention was to hold imperialism and imperial states accountable for suffering and injury beyond that of physical death or wounding and to recognize the violence of colonization and the social and cultural devastation it brought. These interventions were a critical attempt to broaden and deepen the meaning of the laws of war, to make them responsive to more than established sovereign state violence, and to ensure that they reflected the experience of colonization/decolonization. This episode matters because the prohibitions against unnecessary suffering and superfluous injury are two elements that detail the general prohibition first codified in 1907 Hague Convention IV, Article 22, namely that the “the right of belligerents to adopt means of injuring the enemy is not unlimited.” However, the history and formulation of these two concepts has yet to be fully explored, the meaning of each is debated, and taken together the two are among “the most unclear and controversial rules of warfare.”

Details

International Origins of Social and Political Theory
Type: Book
ISBN: 978-1-78714-267-1

Keywords

Book part
Publication date: 25 August 2009

Alissa Pollitz Worden and Andrew Lucas Blaize Davies

Most criminal justice scholars agree that the past three decades have witnessed a punitive shift in criminal justice policy, public opinion, and political rhetoric. Have these…

Abstract

Most criminal justice scholars agree that the past three decades have witnessed a punitive shift in criminal justice policy, public opinion, and political rhetoric. Have these political trends also left their mark on policy approaches to due process rights? The provision of counsel to indigent defendants is a signature issue in debates over due process rights. The Supreme Court expanded dramatically the circumstances under which states were required to provide counsel in the 1960s and 1970s, though decisions about the implementation of this mandate were left to individual states. We examine the evolution of indigent defense policy, at the state and local level, over the past three decades, and ask two questions: First, did policies evolve in the directions expected by reform advocates? Second, to the extent that policies developed differently across states, how can we account for those differences? We find that refomers' optimistic projections about structure and funding have not been realized, and that adoption of progressive policies has been uneven across states. Most importantly, we find evidence that the politics of ideology and racial conflict have played a significant role in states' indigent defense policy over the past three decades.

Details

Special Issue New Perspectives on Crime and Criminal Justice
Type: Book
ISBN: 978-1-84855-653-9

Article
Publication date: 1 April 2001

Peter L. Fitzgerald

Those parties who do become caught up in the sanctions and are blacklisted face a daunting situation. Their property and accounts are often blocked, and dealings with US parties…

Abstract

Those parties who do become caught up in the sanctions and are blacklisted face a daunting situation. Their property and accounts are often blocked, and dealings with US parties, and frequently their overseas affiliates as well, are essentially cut off with little or no warning by virtue of decisions made by a relatively small and obscure office within the Treasury Department. US as well as foreign parties can be blacklisted, and these restrictions can even extend to a firm's employees. The practical consequence of being touched by one of the Office of Foreign Assets Controls (OFAC) economic sanctions programmes may be the economic equivalent of capital punishment. By virtue of the restrictions, the blacklisted business may cease to exist as a viable entity.

Details

Journal of Money Laundering Control, vol. 5 no. 2
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 1 May 2000

Anghel N. Rugina

Presents the first chapter in this work with regard to the search for new ideas and better interpretations in the growth and development of new ideas. Investigates the exchange of

Abstract

Presents the first chapter in this work with regard to the search for new ideas and better interpretations in the growth and development of new ideas. Investigates the exchange of views between thinkers of different points of view. Invites co‐operation between various factions to investigate unification of all known sciences (natural and economic) and to include the arts. Mentions all the great thinkers in these areas and unreservedly discusses their contribution in the school of thought. Proffers that modern technology cannot and should not be slowed down and that for the social economy of human solidarity should be aimed for, to begin a new era for humanity.

Details

International Journal of Social Economics, vol. 27 no. 5/6
Type: Research Article
ISSN: 0306-8293

Keywords

11 – 20 of over 153000