International Law

Liberalism is a term employed in a dizzying variety of ways across the humanities and social sciences. This essay seeks to reframe how the liberal tradition is understood. I start by delineating different types of response – prescriptive, comprehensive, explanatory – that are frequently conflated in answering the question “what is liberalism?” I then discuss assorted methodological strategies employed in the existing literature: after rejecting “stipulative” and “canonical” approaches, I outline a contextualist alternative. On this (comprehensive) account, liberalism is best characterised as the sum of the arguments that have been classified as liberal, and recognised as such by other self-proclaimed liberals, over time. In the remainder of the article I present an historical analysis of shifts in the meaning of liberalism in Anglo-American political thought between 1850 and 1950, focusing in particular on how John Locke came to be seen as a liberal. I also explore the emergence of the category of "liberal democracy". I argue that the scope of the liberal tradition was massively expanded during the middle decades of the twentieth century, such that it came to be seen by many as the constitutive ideology of the West. This capacious (and deeply confusing) understanding of liberalism was produced by a conjunction of the ideological wars fought against “totalitarianism” and assorted developments in the social sciences. Today we both inherit and inhabit it.

This book offers a much-needed new political theory of an old phenomenon. The last decade alone has marked the highest number of migrations in recorded history. Constrained by environmental, economic, and political instability, scores of people are on the move. But other sorts of changes—from global tourism to undocumented labor—have led to the fact that to some extent, we are all becoming migrants. The migrant has become the political figure of our time.

Rather than viewing migration as the exception to the rule of political fixity and citizenship, Thomas Nail reinterprets the history of political power from the perspective of the movement that defines the migrant in the first place. Applying his "kinopolitics" to several major historical conditions (territorial, political, juridical, and economic) and figures of migration (the nomad, the barbarian, the vagabond, and the proletariat), he provides fresh tools for the analysis of contemporary migration.

It is sometimes argued that the non-therapeutic, non-consensual alteration of children’s genitals should be discussed in two separate ethical discourses: one for girls (in which such alterations should be termed ‘female genital mutilation’ or FGM), and one for boys (in which such alterations should be termed ‘male circumcision’). In this article, I call into question the moral and empirical basis for such a distinction, and argue that all children—whether female, male, or intersex—should be free from having parts of their genitals removed unless there is a pressing medical indication.

No infrinja la ley de derechos de autor y editor, Ley 23 de 1982, sacando o comprando fotocopias. La ética finalmente le dará la plena satisfacción y así tendrá el libro completo para su biblioteca y no será sancionado. EL EDITOR VI © JALEO PARRA . © EDICIONES DEL PROFESIONAL LTDA. Calle 12, N° 5-24, Tel.: 2433482, Bogotá, ., Colombia, Hecho el depósito que exige la ley. Impreso en EDITORIAL ABC. MANUAL DE DERECHO PROBATORIO ISBN 978-958-707-115-3 Décima Sexta Edición, 2007. Queda prohibida la reproducción parcial o total de este libro, por medio de cualquier proceso, o fónico, especialmente por fotocopia, , offset o mimeógrafo. Esta edición y características gráficas son propiedad de EDICIONES DEL PROFESIONAL LTDA. 13, UTILIZACIÓN DE LA PARA REFORZAR Y DARLE A LA CONCLUSIÓN 176 14. LA PROBABILIDAD LÓGICA 179 Capítulo VI CLASIFICACIÓN DE LAS PRUEBAS . ENUNCIACIÓN 2. CLASIFICACIONES 183 . SEGÚN SU CONTRADICCIÓN 183 2.1.1. Prueba sumaria 183 2.1.2. Prueba controvertida 183 2.2. PRUEBAS FORMALES Y SUSTANCIALES 184 2.3. SEGÚN SU OBJETO 184 2.3.1. Directa 184 2.3.2. Indirecta 184 ÍNDICE GENERAL xi Capítulo PRUEBA TRASLADADA 19.3.6. Interpretación de enfermedad grave 387 6.2.5. Que sea expresa 462 6.3. REQUISITOS DE VALIDEZ 463 6.3. 1, Que sea libre 463 631 Que sea consciente 464 6.3.3. Que se cumplan las formalidades procesales 464 6,3,4, Capacidad del confesante 464 6.4. REQUISITOS DE EFICACIA 464 6.4.1. La disponibilidad objetiva del derecho 464 6.4.2. Que exista autorización legal o convencional para hacerla a nombre de otro 465 6.5. EJEMPLO TOMADO DE LA JURISPRUDENCIA NACIONAL 466 7. RETRACTACIÓN DE LA CONFESIÓN EN MATERIA PENAL 468 7.1. DOCTRINA 468 7.2. EJEMPLO 470 7.3. CONCLUSIÓN

RESEARCH INSTRUMENTS These are the fact finding strategies. They are the tools for data collection. They include Questionnaire, Interview, Observation and Reading. Essentially the researcher must ensure that the instrument chosen is valid and reliable. The validity and reliability of any research project depends to a large extent on the appropriateness of the instruments. Whatever procedure one uses to collect data, it must be critically examined to check the extent to which it is likely to give you the expected results. Questionnaire • This is a data collection instrument mostly used in normative surveys. This is a systematically prepared form or document with a set of questions deliberately designed to elicit responses from respondents or research informants for the purpose of collecting data or information. • It is a form of inquiry document, which contains a systematically compiled and well organised series of questions intended to elicit the information which will provide insight into the nature of the problem under study. • It is a form that contains a set of questions on a topic or group of topics designed to be answered by the respondent. • The respondents are the population samples of the study. The answers provided by the respondents constitute the data for the report. The effective use of questionnaire for data collection depends on the mode of formulation and administration of the questions, the medium of delivering the questionnaire and the method of contacting respondents for retrieval of the questionnaire. These modes affect the credibility and quality of the data obtained. Note that the respondent is not under any obligation to respond to the questionnaire. The respondent therefore has to be influenced in order to submit accurate data to the questions administered. Read more for some expect strategies.

This report reviews and categorizes the enormous corpus of knowledge produced by American academic and policy institutions about U.S. relations with the Middle East and other Islamic actors in the international arena. The report identifies five epistemic communities – conservatives, neoconservatives, realists, liberals and the left – and analyzes their discourses and policy recommendations. Finally, the policies that these epistemic communities recommended are evaluated and assessed. The author recommends a mixed-paradigmatic approach that will not only make the United States more effective in the Middle East but also underscore its continuing relevance to the security and the stability of the region and the global order.

-The definition of immovable properties it is negative definition, which say what is not an immoveable property. -Section 3-of Transfer of property Act 1882-immoveable property does not include standing timber, growing crops or grass. -Section 3-of The General Clauses Act 1897-" Immovable property-Land Benefits to arise out of land-Profit Appendary (Exp-Rent, fishing rights, right to ferry, lease) Things attached to the earth or permanently fastened to anything attached to the earth.-Exp-building, wall, poll.

The massacre of almost 50 Maidan protesters on February 20, 2014 was a turning point in Ukrainian politics and a tipping point in the conflict between the West and Russia over Ukraine. This mass killing of the protesters and the mass shooting of the police that preceded it led to the overthrow of the pro-Russian government of Viktor Yanukovych and gave a start to a civil war in Donbas in Eastern Ukraine, Russian military intervention in Crimea and Donbas, and an international conflict between the West and Russia over Ukraine. A conclusion promoted by the post-Yanukovych governments and the media in Ukraine that the massacre was perpetrated by government snipers and special police units on a Yanukovych order has been nearly universally accepted by the Western governments, the media, and many scholars. The Ukrainian government investigation identified members of the special company of Berkut as responsible for killings of the absolute majority of the protesters, but did not release any evidence in support, with the exception of videos of the massacre.
              The question is which side organized the “snipers’ massacre.” This paper is the first academic study of this crucial case of the mass killing. It uses a theory of rational choice and a Weberian theory of instrumental rationality to examine actions of major actors both from the Yanukovych government, specifically various police and security forces, and the Maidan opposition, specifically its far right and oligarchic elements, during the massacre.
          The paper analyzes a large amount of evidence from different publicly available sources concerning this massacre and killings of specifics protesters. Qualitative content analysis includes the following data: about 1,500 videos and recordings of live internet and TV broadcasts from mass media and social media in different countries(some 150 gigabytes), news reports and social media posts by more than 100 journalists covering the massacre from Kyiv, some 5,000 photos, and nearly 30 gigabytes of publicly available radio intercepts of snipers and commanders from the special Alfa unit of the Security Service of Ukraine and Internal Troops, and Maidan massacre trial recordings. This study also employs field research on site of the massacre, eyewitness reports by both Maidan protesters and government special units commanders, statements by both former and current government officials, estimates of approximate ballistic trajectories, bullets and weapons used, and types of wounds among both protesters and the police. This study establishes a precise timeline for various events of the massacre, the locations of both the shooters and the government snipers, and the specific timeline and locations of nearly 50 protesters’ deaths. It also briefly analyzes other major cases of violence during and after the “Euromaidan.” This study includes two video appendixes.
            This academic investigation concludes that the massacre was a false flag operation, which was rationally planned and carried out with a goal of the overthrow of the government and seizure of power. It found various evidence of the involvement of an alliance of the far right organizations, specifically the Right Sector and Svoboda, and oligarchic parties, such as Fatherland. Concealed shooters and spotters were located in at least 20 Maidan-controlled buildings or areas. The various evidence that the protesters were killed from these locations include some 70 testimonies, primarily by Maidan protesters, several videos of “snipers” targeting protesters from these buildings, comparisons of positions of the specific protesters at the time of their killing and their entry wounds, and bullet impact signs. The study uncovered various videos and photos of armed Maidan “snipers” and spotters in many of these buildings. The paper presents implications of these findings for understanding the nature of the change of the government in Ukraine, the civil war in Donbas, Russian military intervention in Crimea and Donbas, and an international conflict between the West and Russia over Ukraine.

The rising number of non-status migrants is one of the central political issues of our time. This essay argues that if we want to understand the political and philosophical importance of this phenomenon, the contributions of Alain Badiou, his militant group L'Organisation politique (OP), and the struggle of the sans-papiers movement in France are absolutely crucial. This is the case because, I will argue, Badiou, the OP, and the sans-papiers created a new kind of migrant justice struggle in the mid-1990s that in many ways remains at the practical and theoretical roots of much of non-status migrant organizing today. However, this essay also argues that Badiou's theoretical and political work with the sans-papiers also needs to be revised and updated in light of certain developments in more recent migrant justice struggles.

This special issue addresses the possible connections and mutual benefits of examining together two analytic concepts – memory and periphery. These concepts receive much attention in various scholarly discussions, yet they have done so rather independently from each other. The potential applications and utilities of combining memory and periphery and the epistemic insights they provide for various disciplins are presented in the different contributions to this issue.

In this article, I outline a logic of design of a system as a specific kind of conceptual logic of the design of the model of a system, that is, the blueprint that provides information about the system to be created. In section two, I introduce the method of levels of abstraction as a modelling tool borrowed from computer science. In section three, I use this method to clarify two main conceptual logics of information (i.e., modelling systems) inherited from modernity: Kant's transcen-dental logic of conditions of possibility of a system, and Hegel's dialectical logic of conditions of in/stability of a system. Both conceptual logics of information analyse structural properties of given systems. Strictly speaking, neither is a conceptual logic of information about (or modelling) the conditions of feasibility of a system, that is, neither is a logic of information as a logic of design. So, in section four, I outline this third conceptual logic of information and then interpret the conceptual logic of design as a logic of requirements, by introducing the relation of " suffici-entisation ". In the conclusion, I argue that the logic of requirements is exactly what we need in order to make sense of, and buttress, a constructionist (poietic) approach to knowledge.

How does Christianity explain the existence of the two rival Abrahamic faiths, Judaism and Islam?  What place does it allow in Christian society for Jews and Muslims?  The responses to these questions are many; this brief article examines a few prominent examples.  Rather than a survey of Christians’ attitudes towards Jews (or Judaism) and Muslims (or Islam), it examines how Christian law accommodated Jews and Muslims as residents of Christian societies and at the roles that Christian thinkers assigned to Judaism and Islam in a Christian scheme of history.  The emphasis is on a few salient examples from the fourth century (when Christianity obtains social and intellectual predominance in the Roman Empire) to the nineteenth (when Christianity loses that predominance in Europe).

PROGRAM DIPLOMA III KEUANGAN SPESIALISASI PAJAK ANANG MURY KURNIAWAN, S.S.T., Ak., M.Si. SEKOLAH TINGGI AKUNTANSI NEGARA TAHUN 2010 i | P a g e KATA PENGANTAR Dengan memanjatkan puji syukur ke hadirat Allah SWT, Tuhan yang Maha Esa, penulis dapat menyelesaikan Bahan Ajar Pajak Internasional ini. Bahan ajar ini disusun dalam rangka memenuhi penugasan dari Direktur Sekolah Tinggi Akuntansi Negara (STAN). Materi pajak internasional merupakan salah satu mata kuliah pada program Diploma III Keuangan Spesialisasi Pajak. Mata kuliah ini bertujuan untuk memberikan pemahaman pajak Internasional kepada para mahasiswa program Diploma III Keuangan Spesialisasi Pajak. Pemahaman lika-liku pajak internasional dirasa penting mengingat di era globalisasi sekarang ini arus investasi, perdagangan dan mobilitas sumbar daya manusia sudah tidak lagi mengenal batas-batas negara membuat tuntutan pemahaman mahasiswa terkait dengan perpajakan tidak lagi terbatas pada ketentuan perpajakan dalam Undang-undang Domestik Indonesia saja, melainkan ketentuan-ketentuan perpajakan yang timbul ketika suatu transaksi melibatkan pihak-pihak yang di luar yurisdiksi pemajakan di Indonesia, yaitu Undangundang Domestik negara lain. Materi pajak internasional membahas bagaimana pemajakan atas penghasilan orang asing atau perusahaan (badan) asing yang diterima dari Indonesia dan bagaimana pemajakan atas penghasilan orang atau perusahaan (badan) Indonesia atas penghasilan yang diterima dari luar negeri, dengan berdasarkan UU domestik dan UU negara lain serta perjanjian perpajakan (tax treaty).

Malang 2013 BAB I PENDAHULUAN Adanya hubungan yang terdapat antara anggota masyarakat internasional -karena adanya kebutuhan yang disebabkan antara lain oleh pembagian kekayaan dan perkembangan industri yang tidak merata di dunia seperti adanya perniagaan atau pula hubungan di lapangan kebudayaan, ilmu pengetahuan, keagamaan, sosial dan olah raga-mengakibatkan timbulnya kepentingan untuk memelihara dan mengatur hubungan bersama merupakan suatu kepentingan bersama. Untuk menertibkan, mengatur dan memelihara hubungan Internasional inilah dibutuhkan hukum dunia menjamin unsur kepastian yang diperlukan dalam setiap hubungan yang teratur. Masyarakat Internasional pada hakekatnya adalah hubungan kehidupan antar manusia dan merupakan suatu kompleks kehidupan bersama yang terdiri dari aneka ragam masyarakat yang menjalin dengan erat.

Birleşmiş Milletler A/RES/56/83 (2001 Yılı) Belgesinin Türkçe Tercümesi - Uluslararası Haksız Fiilden Ötürü Devletin Uluslararası Sorumluluğu - Responsibility of States for internationally wrongful acts - Responsabilité de l’État pour fait internationalement illicite.
Türkçe Tercüme, A/RES/56/83 Belgesinin, Fransızca ve İngilizce resmî metinleri karşılaştırılarak, metinler arasında sözel farklılık bulunduğunda ifâdesi en açık olan resmî metne öncelik verilerek ilk kez 2002 yılında ve daha sonra 2008 yılında gözden geçirilerek, Dr. Jur. Hakkı Hakan Erkiner  (Marmara Üniversitesi Milletlerarası Hukuk Anabilim Dalı Öğretim Üyesi) tarafından yapılmıştır.

Axis Rule in Occupied Europe, published in November 1944, was the first place where the word "genocide" appeared in print.
Raphael Lemkin coined the new word "genocide" in 1943 (see the book's preface, dated November 15, 1943) both as a continuation of his 1933 Madrid Proposal and as part of his analysis of German occupation policies in Europe. In this 670 page book, Axis Rule, Lemkin introduced and directly addressed the question of genocide in 16 pages of Chapter IX entitled "Genocide" (below).
Lemkin uses the word genocide broadly, not only to describe policies of outright extermination against Jews and Gypsies, but for less immediate Nazi goals as well. In Lemkin's analysis Nazi Germany had undertaken a policy for the demographic restructuring of the European continent. Therefore he also used the word genocide to describe a "coordinated plan of different actions" intended to promote such goals as an increase in the birthrate of the "Aryan" population, the physical destruction of the Slavic population over a period of years, and policies to bring about the destruction of the "culture, language, national feelings, religion" and separate economic existence (but not physical existence) of non-German "Aryan" nations thought to be "linked by blood" to Germany.
In recent years the word "genocide" has most often been used to refer to the destruction of groups within a single country ("domestic genocide"). In Axis Rule, however, the word applies to occupation polices conducted across an entire continent. Policies within Germany are addressed only to the extent that these policies impacted Austria, and those parts of Belgium, Czechoslovakia, France, the Memel Territory and Poland formally incorporated into Germany.

Before and after independence, Nigeria has been the chief architect and chief negotiator of peace throughout Africa. Consequently, Nigeria became the main operator of the engine room of African independence movement in the 1950s, and especially after its own independence 1960. Not surprisingly that after independence, Nigeria’s external relations generally has been characterized by a focus on Africa and the attachment to these fundamental principles and objectives of African unity and independence, peaceful settlement of disputes, non-alignment and regional economic co-operation and development. Thus, Nigeria’s foreign policy since independence in 1960, has consistently been guided by these same principles and objectives, especially the promotion of her national interest and the policy of afro-centricity vise- a-vise her capability to exercise hegemonic influence in the region. In carrying out these fundamental principles and objectives, while the main thrust of Nigeria’s foreign policy remained permanent and largely the same, from regime to regime, however, witnessed various adjustments and modifications, depending on the orientation of the political leaderships. Using content analysis, this paper examines the development of Nigeria’s foreign policy since independence in 1960. It also identifies issues, strategies and constraints involved; the challenges and milestones of Nigeria’s international relations generally, from regime to regime, within the fifty years of its existence as an independent country.

In this paper we argue that the use of the communicative theory of Jürgen Habermas in planning theory is problematic because it hampers an understanding of how power shapes planning. We posit an alternative approach based on the power analytics of Michel Foucault which focuses on ‘what is actually done’, as opposed to Habermas’s focus on ‘what should be done’. We discuss how the Foucauldian stance problematises planning, asking difficult questions about the treatment of legitimacy, rationality, knowledge and spatiality. We conclude that Foucault offers a type of analytic planning theory which offers better prospects than does Habermas for those interested in understanding and bringing about democratic social change through planning.

During the final quarter of the twentieth century, the democratic peace thesis - the idea that democracies do not fight one another - moved to the centre of scholarly and political debate throughout the Western world. Much of this work traces its origins to the European Enlightenment, and especially on Immanuel Kant. However, this historical narrative misses much of the subsequent discourse about democracy and war. In this essay I focus on some prominent, though now largely forgotten, strands of political thinking in the United States and Britain in the late nineteenth and early twentieth centuries. In particular, I dissect fin de siècle debates about democracy, empire, race, and interstate conflict. Section I delineates four popular visions of peace that circulated during the nineteenth century: structural-liberal, radical-liberal, socialist, and republican. Section II introduces what I call the ‘democratic war thesis’ and the ‘democratic empire thesis.’ The former identified the linkages between democratic political structures and inter-state conflict, the latter suggested that vast empires could co-operatively govern the world and abolish war.  Section III anatomises the racial peace thesis, which was propounded by a range of prominent figures,  including Andrew Carnegie, Cecil Rhodes and H. G. Wells. They argued, from different points on the political spectrum, that the 'Anglo-Saxon race' held the key to perpetual peace.

Megaproject Planning and Management: Essential Readings contains the seminal articles from the growing body of research on megaproject planning and management along with an original introduction by the editor, Bent Flyvbjerg. The leading and most cited authority in the field, Flyvbjerg has used crowdsourcing and 25 years of experience to cherry-pick from several hundred articles and books the writings that define the field. This volume will be an indispensable source for those wishing to speak with authority about how megaprojects are prepared, delivered, and fought over. The target audience is students, academics, practitioners, and media pundits alike, as well as communities affected by megaprojects.

Toleration is one of the fundamental principles that inform the design of a democratic and liberal society. Unfortunately, its adoption seems inconsistent with the adoption of paternalistically benevolent policies, which represent a valuable mechanism to improve individuals’ well-being. In this paper, I refer to this tension as the dilemma of toleration. The dilemma is not new. It arises when an agent A would like to be tolerant and respectful towards another agent B’s choices but, at the same time, A is altruistically concerned that a particular course of action would harm, or at least not improve, B’s well-being, so A would also like to be helpful and seeks to ensure that B does not pursue such course of action, for B’s sake and even against B’s consent. In the article, I clarify the specific nature of the dilemma and show that several forms of paternalism, including those based on ethics by design and structural nudging, may not be suitable to resolve it. I then argue that one form of paternalism, based on pro-ethical design, can be compatible with toleration and hence with the respect for B’s choices, by operating only at the informational and not at the structural level of a choice architecture. This provides a successful resolution of the dilemma, showing that tolerant paternalism is not an oxymoron but a viable approach to the design of a democratic and liberal society.