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排序方式: 共有249条查询结果,搜索用时 15 毫秒
31.
Robin F. Hansen 《The Modern law review》2010,73(4):523-550
Parallel investment treaty arbitrations present a demonstrated risk of inconsistent awards. This article examines several ameliorative responses to parallel investment treaty proceedings, executable by treaty‐drafters, arbitrators and parties themselves. The unique jurisdiction mechanics and applicable law in investment treaty disputes frames the responses available. Despite the unique context within which parallel investment arbitrations occur, the challenges they pose to party interests, to principles including legal fairness and to the effective pursuit of dispute resolution closely resemble those posed by parallel proceedings in other domestic and international legal fora. 相似文献
32.
One Myth of the Classical Natural Law Theory: Reflecting on the “Thin” View of Legal Positivism
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Much controversy has emerged on the demarcation between legal positivism and non‐legal positivism with some authors calling for a ban on the ‐as they see it‐ nonsensical labelling of legal philosophical debates. We agree with these critics; simplistic labelling cannot replace the work of sophisticated and sound argumentation. In this paper we do not use the term ‘legal positivism’ as a simplistic label but identify a specific position which we consider to be the most appealing and plausible view on legal positivism. This is the view advocated by Gardner in his paper 'Legal Positivism: 5½ Myths’ (Gardner 2001 , 199), where he carefully scrutinises the most convincing and unifying postulates of legal positivism, which he calls “the thin view”. The study shows that this thin view presupposes an empirical conception of action that is untenable and implausible since it makes acts of engagement with the law unintelligible to an observer of such acts. 相似文献
33.
Sara Uhnoo Cecilia Hansen Löfstrand 《Journal of Scandinavian Studies in Criminology & Crime Prevention》2018,19(1):41-60
Many Western-style democracies have witnessed a general shift in the distribution of crime prevention responsibility, away from the state and increasingly to citizens themselves. Civil society is today more and more often called upon as an additional policing resource. This article explores the phenomenon of voluntary citizen participation in policing in Sweden, based on an analysis of 9280 news-media articles. One state-sanctioned (the Volunteers of the Police) and one autonomous civic (Missing People Sweden) initiative were examined, from their respective start until 2017, to understand the role played by police–citizen partnerships in the establishment and legitimation of voluntary policing forms in Sweden. A high degree of integration between police and volunteer work was found, enabling not only effective citizen participation, but also having an influence on police operations. The more effective and publicly visible the voluntary policing bodies were, the more pressure there was on the police to defend its legitimacy, ally itself with the volunteers and regulate the latter’s activities while holding them responsible for their actions. Arguably, however, with the police–citizen relationship being one of integration and mutual dependence, the division of labour and the accountability of both parties risk becoming blurred or even confused. 相似文献
34.
The question of whether public organizations should provide services themselves or buy them from external suppliers has become increasingly relevant due to public-sector modernization. The literature has focused on it as a question of either make or buy. Contrarily, we focus on the reasons for public organizations to simultaneously produce and contract out similar services. The article investigates different theoretical explanations for concurrent make and buy. A survey of Danish municipalities shows that make and buy seems to be a steady choice. However, the results show little support for the theoretical explanations indicating the need for more public-oriented explanations. 相似文献
35.
36.
Martin Ejnar Hansen 《The Journal of Legislative Studies》2013,19(4):450-466
The study of committee assignment politics is very limited in parliamentary systems. Even more limited is the study of the change in committee assignments that occurs between elections. In this article, a first attempt to rectify this, both theoretically and empirically, is presented. What might have an impact on committee reassignments and what relationship one would expect to find are discussed. Using data of all Danish committee assignments 1994–2007, the proposed relationships are tested. The results show that: (1) it varies which parties experience the more change; and (2) it is often related to internal problems, but vote share, seniority and whether an MP is involved in a ministerial reshuffle or not also have a significant influence on change of committee assignments. 相似文献
37.
Cecilia Hansen Löfstrand 《Journal of Scandinavian Studies in Criminology & Crime Prevention》2013,14(2):120-143
Starting from the observation that a new victim category has emerged in the form of the ‘young crime victim’, this article explores the notion of support to young crime victims as crime prevention work, considering it as an important constituent of the dominant crime victim discourse among support professionals. In the context of the support work, the (young) ‘victim’ and the (young) ‘villain’ provide mutually necessary counterparts constructed in relation to each other. Corresponding to this division, two approaches in criminal and crime prevention policy and practice are then analysed using Garland's notions of ‘the criminology of the self’ and ‘the criminology of the other’. The first of these strategies is generally associated with rehabilitative measures (with the resulting normalization of the crime, its victims, and villains), while in the second punitive measures remain the norm (with the crime, its victims, and villains becoming ‘Otherized’). Yet, as shown within the context of rehabilitation organized as support to young crime victims, both of these (at first glance mutually contradictory) discourses are drawn upon and operationalized by the professional support staff constructing images of young victims and villains in their daily work. Help-seeking youths resistant to identifying as victims remain represented as (possible future) villains. 相似文献
38.
Martin Ejnar Hansen Robert Klemmensen Sara B. Hobolt Hanna Bäck 《Scandinavian political studies》2013,36(3):227-248
Why do certain ministers remain in their post for years while others have their time in office cut short? Drawing on the broader literature on portfolio allocation, this article argues that the saliency of individual portfolios shapes ministerial turnover. The main argument is that ministerial dismissals are less likely to occur the higher the saliency attributed to the ministerial portfolio since ministers appointed to important posts are more likely to have been through extensive screening before appointment. Importantly, it is also posited in the article that the effect of portfolio salience is conditioned by government approval ratings: when government ratings are on the decline, prime ministers are less likely to reshuffle or fire important ministers than when approval ratings are improving. To test these claims, Cox proportional hazards models are applied to a new dataset on ministerial turnover in Scandinavia during the postwar period. The results strongly support the proposition that portfolio saliency matters for ministerial survival, and that this effect is moderated by government popularity. 相似文献
39.
Flemming Splidsboel‐Hansen 《European Security》2013,22(4):92-110
This study analyses the establishment and development of the GUUAM cooperation and offers an assessment of the future implications of this regional grouping for the CIS military alliance. It presents three key arguments. First, that the GUUAM members have bandwagoned with western states at the system level and balanced against Russia at the regional level. Second, that there is a dialectical relationship between these two policies, with one getting added momentum from the other. And finally, that on this background we should expect to see increased future balancing by the GUUAM states — and possibly by other CIS members as well — causing a further undermining of the CIS military cooperation. 相似文献
40.
This article argues that the EU and, above all, the eurozone are facing not one crisis – an economic and fiscal one – but three: an economic crisis, a crisis of institutions, and a crisis of demography. These crises are not simultaneous; they are overlapping and self-reinforcing, and there is a high degree of feedback across all three crises. Economically, the euro inflated economic growth and government revenue in the peripheral economies, giving those member states a false sense of their economic prospects. Institutionally, mechanisms were too weak at the EU level to prevent a dangerous escalation of asset (above all house) prices and too fragmented to confront the crisis through an immediate and decisive plan that would provide calm to the markets. Demographically, Europe’s economic and fiscal problems are and will increasingly be exacerbated by the continent’s demographic situation and its projected development, especially in southern Europe. 相似文献