1,720,984 research outputs found
International Health Regulations and Compliance in Asia
No full textThis chapter reviews the Covid-19 pandemic through the lens of the international law regime of the International Health Regulations (IHR) of 2005. Although the World Health Organization (WHO) can claim some success in having worked with countries in Asia to build their capacity to respond to a pandemic, some of the countries that have been the most successful in containing the spread of Covid-19 did so despite the WHO’s hesitant response. The difficulty is that cumbersome IHR process of evaluating the threat posed by an outbreak and sounding the general alarm. This process enabled China to control the initial flow of information regarding the outbreak until such time as the WHO was able work through a cumbersome process and belatedly declare a “public health emergency of international concern.” The chapter then argues that a key element of combatting a pandemic is compliance with international law and the need to strengthen its regulatory mechanisms
Cambodia's competing constitutional sites and spirits
No full textThis thesis studies the Cambodian Constitution from a socio-legal and ethnographic perspective, highlighting some of the multiple ways in which diverse constitutional discourses and practices manifest themselves in the country outside of judicial, or even state, institutions. The thesis starts by recognising that existing literature typically associates constitutionalism exclusively with the work of courts, and with liberal-democracy, before providing a series of case studies that focus on constitutional practices that are typically obscured from view by such a focus. These case studies provide accounts of how, for example: international actors and local civil society groups engaged in Cambodia’s 1993 constitution-making process; Cambodia’s apparently liberal-democratic Constitution has been used publicly by the government to facilitate and justify authoritarianism; court cases are themselves used by local activists to conduct domestic and internationally-focused advocacy; constitutional provisions have helped to shape the way Buddhist monks understand their role in society and politics; and artists are helping to shape constitutional definitions of national identity and culture through their interactions with or avoidance of state censorship. The result is a nuanced, empirically grounded account of a constitutional order that has been largely overlooked by scholars in the country and abroad. However, it is also an exploration of the ways in which constitutionalism can be understood to operate outside of courts or state institutions, and how a liberal-democratic constitution can simultaneously act as a source of legitimacy for and challenge to authoritarianism.Graduate2024-06-1
Keegstra, Butler, and Positive Liberty: A Glimmer of Hope for the Faithful
No full textThrough an examination of two recent decisions of the Supreme Court of Canada on the freedom of expression guarantee in the Canadian Charter of Rights and Freedoms, R. v. Keegstra and R. v. Butler, the author argues for a unitary vision of the Charter grounded on the concept of positive liberty. Positive liberty, understood as the ability of individuals to be their own masters and to participate in society with equal dignity and respect, is to be contrasted with negative liberty, or the absence of external impediments, which informed the dissent in Keegstra. Legislation that impairs the negative liberty of one individual still may be consistent with the goal of enhancing the positive liberty and, correspondingly, the political equality of other members of society. Moreover, as implied in Butler, to the extent that positive liberty is a fundamental political value in a free and democratic society, the courts are bound to uphold it under the Charter. By recognizing the importance of legislation designed to enhance respectively the political equality of ethnic minorities and women, the majority decisions in Keegstra and Butler represent a return to this earlier vision of the Charter in which the two stages of analysis--the establishment of an infringement by the rights-claimant and the attempted justification of the infringement by the state-are unified under the concept of positive liberty.FacultyUnreviewe
Competition Law and the Possibility of Private Transnational Governance
No full textUnder economic globalization, anti-competitive acts transcend national borders and become a challenge for competition law as traditionally conceived. Most countries have been dealing with cross-border competition problems by using two basic methods: unilaterally extending national competition law’s jurisdiction to acts conducted in foreign territory and cooperating in enforcing competition law. However, while the unilateral enforcement of competition law harms international comity, international cooperation in this area is constrained by conflicting national interests. Given such limits of statist mechanisms to deal with global competition problems, this dissertation adopts a transnational legal perspective to examine whether multi-national corporations (“MNCs”) can help states govern cross-border competition problems. This dissertation argues that MNCs can play a role in the regulation and enforcement of competition law in cross-border transactions through the private transnational application of contractor codes of conduct. When an MNC internalizes competition laws of countries as standards for its behaviours, the corporation can provide a mechanism to project those national laws at transnational level by exercising its private power in a socially responsible way. In doing so MNCs can provide a form of regulation and enforcement of competition laws in an international context that national states are not likely to be able to provide in the foreseeable future.Graduate2019-08-2
Going Beyond Counting First Authors in Author Co-citation Analysis
No full textThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
No full text“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
No full textWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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