Representative Democracy as a Necessary Condition for the Survival of a Federal Constitution

It does not follow from the supposition that the union is beneficialthat its terms would go unchallenged by its members. The argumentin this article suggests that federal stability (robustness)requires for itself a well-functioning democratic process, whichsatisfies a fairly restrictive condition. A necessary conditionfor the resiliency of the federal regime is a representativedemocracy; furthermore, it is the representative democracy inwhich rewards to the representatives are only in part vestedin their parochial constituencies, while in the other part comeform other sources, e.g., from an oversized at-large coalition.The requirement to the democratic process is, of course, onlya necessary, not a sufficient condition for the federal success.Yet, we argue in this essay that only the states with well-developed(properly institutionalized) democratic electoral competitionhave a chance to form a resilient federal union and sustaintheir federal constitutional arrangements not just in form,but in their political practice as well.     

The Impacts of Different Regulatory Regimes on the Effectiveness of Public Procurement

The combination of two reforms in Russia, reform of public-sector entities and of public procurement, enables us to estimate the results of a transition from rigid to more flexible regulations in public procurement (PP). We consider two public universities in 2011–2012. The procurements of one university were regulated by rigid Federal Law during the entire period; the procurements of the other university were regulated by Federal Law until June 2011 and then by a more flexible regulation. Using the difference-in-differences methodology, we assess how the transition to this new regulation affects the main PP parameters. We show that more flexible regulation leads to a decline in bid competition but improves contract execution.     

Introduction

This paper presents the results of the first two longitudinal historical cradle-to-grave datasets constructed in Australia: the Aboriginal population of the state of Victoria, reconstituted backwards using genealogical research and vital registrations, 1835–1930; and an impoverished European population born at the Melbourne Lying-In Hospital, 1857–1900 and traced until 1985. It investigates the hypothesis that the health transition in indigenous people was different from that of the dominant non-indigenous population. Both of these studied sub-populations were highly stressed, resulting in high infant mortality and persistent tuberculosis mortality. The Aboriginal population suffered the additional burdens of racism and social exclusion, even though after the passage of the 1886 ‘Half-Castes Act’, the majority of Aboriginal Victorians were legally ‘white’. The impact of that legislation and the systematic exclusion of Aboriginal Victorians from federal entitlements in the twentieth century sent the Aboriginal health transition into reverse. The contrasting fates of poor whites and ‘unofficial blacks’ during the health transition demonstrate the health burdens of inequality and racial discrimination, and reveal that ‘the gap’ in life expectancy between Indigenous and non-Indigenous Australians is a historical product of long-term government policy and exclusion from citizenship and its entitlements.     

Russian PNR system: Data protection issues and global prospects

The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six countries have PNR systems; over thirty are planning to introduce them. On 1 December 2013, a Russian PNR system will be implemented. But enhanced collection of personal data leads to increased surveillance and privacy concerns. Russian authorities state that passengers' rights will be respected, but a closer look at the Russian regime reveals a number of critical points. From a global perspective, the Russian regime is only one of many PNR systems, including new ones to come in the future. Apparently, for the majority of them, similar challenges and problems will apply. At the same time, for the EU, with its strict data protection requirements, PNR requests by third countries (i.e. non-EU countries) create conflicts of laws. In order to resolve them, the EU concludes bilateral PNR agreements. However, the current deals, especially the one between the EU and the USA, involve a number of weaknesses. Accepting the latter, and having a pending proposal on the EU PNR system, the EU has weakened its position in negotiations with third countries. How will the EU deal with the Russian as well as with all the future requests for PNR? This paper provides legal analysis of the Russian PNR regime, pointing out common problems and giving prognosis on the global situation.     

Body scanners versus privacy and data protection

In recent history, the world has experienced dramatic events which have had a substantial effect on the balance between human rights protection and security measures. Body scanners installed at airports are intended to protect our lives. But at the same time they have a serious impact on privacy and data protection. The international legislation allows limiting people’s rights and freedoms, but only if it is in accordance with the law and is proportionate and necessary for national security, public safety and for the protection of the rights and freedoms of others. Do body scanners respect these principles? The article examines the current situation, its background and future prospects. It discusses and analyzes the key terms and legal instruments, problems, disputes and proposed “safeguards”. The work concludes by pointing out the unlawfulness of current regimes and sets forth perspective on the possible solutions.     

An integrated approach to corporate due diligence from a human rights,environmental, and TWAIL perspective

Ten years since the adoption of the UN Guiding Principles on Business and Human Rights, we have witnessed an increasing trend in Europe toward the adoption of mandatory human rights and environmental due diligence. Focusing on due diligence legislation from France, Germany, Norway, and the EU, this article examines the extent to which these laws are laying the foundations for the articulation of an integrated, comprehensive, and robust framework that effectively fosters corporate accountability through preventing, addressing, and remedying corporate-related human rights and environmental harms. In this examination, we draw on international human rights and environmental standards and Third World Approaches to International Law, to identify the lessons learned from current approaches and that ought to be considered in future frameworks.