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This paper aims to discuss the model of administration for public purposes from the point of view of the complex dynamic between public finance choices, administrative organization, and the protection of constitutionally guaranteed rights. Starting from the analysis of the constitutional foundations of the power of organization and financial sovereignty, after framing the function of financial constraints from the perspective of popular sovereignty, the objective of the article is to evaluate the implications of the public financial law on the protection of the fundamental rights of the person and, consequently, on the choices concerning the organization called to give protection PA PERSONA E AMMINISTRAZIONE Ricerche Giuridiche sull'Amministrazione e l'Economia 272 to them, according to a discursive-rational paradigm. Through the criticism of the thesis of financially conditioned rights, developed in the wake of the jurisprudential orientation that recognizes the existence of a minimum nucleus of social rights that have to be satisfy, and the recognition of the existence of different legal situations directly operating by the citizen in relation to the exercise of the power of organization, the author proposes a rereading of the political and administrative dynamics concerning the protection of the fundamental rights of the person, framing them within the framework of a legal-institutional dialectic based on criteria of economic rationality and the principle of loyal collaboration. According to the Author, the correct understanding of this dialectic is the necessary prerequisite for the rethinking of the administrative organization according to the objective perspective of the administration for public purposes. ; Il presente lavoro intende discutere il modello dell'amministrazione per fini pubblici dal punto di vista della complessa dinamica che intercorre tra scelte di finanza pubblica, organizzazione amministrativa e godimento dei diritti costituzionalmente garantiti. Partendo dall'analisi dei fondamenti ...

Since the approval of the Constitution in 1999, the Venezuelan state recognizes a set of collective rights for indigenous peoples that imply, therefore, the incorporation of legal pluralism as a regulating principle of internormative relations. However, the absence of full normative development, as well as the non-application of the Organic Law on Indigenous Peoples and Communities, the obstruction or paralysis of the territorial delimitation process and the intensification of extractivist policies, among others, have been destroying the territories and specific ways of life of Venezuelan indigenous peoples, which calls into question the scope of these constitutional provisions. Based on this, this research seeks to demonstrate how in Venezuela the rights of indigenous peoples have not moved in a minimally acceptable way from their formal recognition to their effectiveness, remaining in the monocultural paradigm, through a process of negative deconstruction of the rule of law. To this end, the purpose is to identify the obstacles that lead to the lack of materialization of these rights, understanding them as limits to legal pluralism. Recognizing that the problem of the realization of legal pluralism does not only constitute a difficulty of theoretical understanding, but responds to basic material conflicts, where the struggle of interests, mainly socioeconomic, cultural, and political, impede the development of the recognition of the rights of indigenous peoples, the need arises for an approach to the analysis of the implications of these epistemological theories. Provide elements that help to undo the misunderstandings of unfounded or ill-founded theoretical conceptions, which tend to perpetuate the hegemony of monocultural pattern; deactivate theoretical and epistemological objections to legal pluralism, thereby collaborating in the construction of a specific legal culture, as an option to achieve cultural justice and, with it, the effective recognition of the rights of indigenous peoples in general, with ...

Since the approval of the Constitution in 1999, the Venezuelan state recognizes a set of collective rights for indigenous peoples that imply, therefore, the incorporation of legal pluralism as a regulating principle of internormative relations. However, the absence of full normative development, as well as the non-application of the Organic Law on Indigenous Peoples and Communities, the obstruction or paralysis of the territorial delimitation process and the intensification of extractivist policies, among others, have been destroying the territories and specific ways of life of Venezuelan indigenous peoples, which calls into question the scope of these constitutional provisions. Based on this, this research seeks to demonstrate how in Venezuela the rights of indigenous peoples have not moved in a minimally acceptable way from their formal recognition to their effectiveness, remaining in the monocultural paradigm, through a process of negative deconstruction of the rule of law. To this end, the purpose is to identify the obstacles that lead to the lack of materialization of these rights, understanding them as limits to legal pluralism. Recognizing that the problem of the realization of legal pluralism does not only constitute a difficulty of theoretical understanding, but responds to basic material conflicts, where the struggle of interests, mainly socioeconomic, cultural, and political, impede the development of the recognition of the rights of indigenous peoples, the need arises for an approach to the analysis of the implications of these epistemological theories. Provide elements that help to undo the misunderstandings of unfounded or ill-founded theoretical conceptions, which tend to perpetuate the hegemony of monocultural pattern; deactivate theoretical and epistemological objections to legal pluralism, thereby collaborating in the construction of a specific legal culture, as an option to achieve cultural justice and, with it, the effective recognition of the rights of indigenous peoples in general, with ...

This article places the origin and development of the Peruvian Right as a neoliberal right over the period 1990-2020. The study delves into the roots of this political notion in Peruvian history, and compares it to previous rights. At the beginning of the examined period, during Fujimorism, it is an authoritarian right. Subsequently, it becomes a right that ensures the continuity of the model while it transitions to democracy. However, it is an unfinished transition as the neoliberal continuity promotes a limited democracy, represented by politicians but run by technocrats, and policed by large business owners. Corruption scandals in recent years have revealed the exhaustion of this arrangement, and in the absence of an alternative two factions of neoliberalism compete for finding a way out, the remains and heirs to Fujimorism, and the one born in democracy. Neither has yet proven able to define the situation, which could make room for a third actor. ; Este artículo plantea el origen y desarrollo de la derecha peruana como una derecha neoliberal en el período 1990-2020. El argumento busca las raíces de esta expresión política en la historia peruana y en la comparación con derechas anteriores. En el período de estudio y en un primer momento con el fujimorismo, esta es una derecha autoritaria. En uno segundo, una derecha que mantiene la continuidad del modelo, pero transita a la democracia. Se trata, sin embargo, de una transición inacabada porque la continuidad neoliberal promueve una democracia limitada, representada por políticos, pero administrada por tecnócratas y vigilada por los grandes propietarios. Los escándalos de corrupción de los últimos años revelan el agotamiento de este arreglo y por falta de una alternativa, la salida hoy se juega entre dos facciones del neoliberalismo, los restos y herederos del fujimorismo y la procreada en democracia, que no son capaces todavía de definir la situación y esto podría incluir a un tercer actor.

This article places the origin and development of the Peruvian Right as a neoliberal right over the period 1990-2020. The study delves into the roots of this political notion in Peruvian history, and compares it to previous rights. At the beginning of the examined period, during Fujimorism, it is an authoritarian right. Subsequently, it becomes a right that ensures the continuity of the model while it transitions to democracy. However, it is an unfinished transition as the neoliberal continuity promotes a limited democracy, represented by politicians but run by technocrats, and policed by large business owners. Corruption scandals in recent years have revealed the exhaustion of this arrangement, and in the absence of an alternative two factions of neoliberalism compete for finding a way out, the remains and heirs to Fujimorism, and the one born in democracy. Neither has yet proven able to define the situation, which could make room for a third actor. ; Este artículo plantea el origen y desarrollo de la derecha peruana como una derecha neoliberal en el período 1990-2020. El argumento busca las raíces de esta expresión política en la historia peruana y en la comparación con derechas anteriores. En el período de estudio y en un primer momento con el fujimorismo, esta es una derecha autoritaria. En uno segundo, una derecha que mantiene la continuidad del modelo, pero transita a la democracia. Se trata, sin embargo, de una transición inacabada porque la continuidad neoliberal promueve una democracia limitada, representada por políticos, pero administrada por tecnócratas y vigilada por los grandes propietarios. Los escándalos de corrupción de los últimos años revelan el agotamiento de este arreglo y por falta de una alternativa, la salida hoy se juega entre dos facciones del neoliberalismo, los restos y herederos del fujimorismo y la procreada en democracia, que no son capaces todavía de definir la situación y esto podría incluir a un tercer actor.

349Expropriation — Definition — Taking of property — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Whether formal act of nationalization required — Creeping expropriation — Appointment of temporary manager to administer company — Owner deprived of right to manage company — Whether a taking of property — Other acts of interference with property — Date of taking — Nature of property expropriated — Physical assets — Intangible property — Ancillary rights — Right to repayment of loans made to company — Interests in property — Whether including indirect ownership of property through foreign subsidiaryExpropriation — Compensation — Standard of compensation — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Requirement of just compensation based upon full equivalent of property taken — Whether including loss of future profits — Whether distinction between lawful and unlawful expropriationsExpropriation — Compensation — Valuation of expropriated property — Basis of assessment — Fair market price — Price which a willing buyer would pay a willing seller — Reduction in value due to political conditions and government action — Whether conditions to be taken into account — Whether effect on value of anticipation of nationalization relevant — Methods of valuation — Use of discounted cash flow method — Tribunal rejecting elements in Expert's valuation — Tribunal substituting equitable sumNationality — Corporations — Proof of nationality — Requirement that 50% or more of shares be owned by United States nationals — Proof — Relationship between parent and subsidiary companiesInternational tribunals — Iran-United States Claims Tribunal — Jurisdiction — Ownership of claims — Indirect claims — Claims by United States corporation on behalf of foreign subsidiary — Claim by United States corporation regarding shareholder interest in Iranian corporationInternational tribunals — Iran-United States Claims Tribunal — Use of experts — Expert asked to report on valuation — Weight to be given to Expert's Report — Role of the Tribunal — The law and practice of the Iran-United States Claims Tribunal

This historical and political economic investigation aims to illustrate the ways in which the Motion Picture Association of America radically revised their methods of patrolling and fighting film piracy from 1996-2008. Overall, entertainment companies discovered the World Wide Web to be a powerful distribution outlet for cultural works, but were suspicious that the Internet was a Wild West frontier requiring regulation. The entertainment industry's guiding belief in regulation and strong protection were prompted by convictions that once the copyright industries lose control, companies quickly submerge like floundering ships. Guided by fears regarding film piracy, the MPAA instituted a sophisticated and seemingly impenetrable "trusted system" to secure its cultural products online by crafting relationships and interlinking the technological, legal, institutional, and rhetorical in order to carefully direct consumer activity according to particular agendas. The system created a scenario in which legislators and courts of law consented to play a supportive role with privately organized arrangements professing to serve the public interest, but the arrangements were not designed for those ends. Additionally, as cultural products became digitized consumers experienced a paradigm shift that challenged the concept of property altogether. In the digital world the Internet gives a consumer access to, rather than ownership of, cultural products in cyberspace. The technology granting consumers, on impulse, access to enormous amounts of music and films has been called, among many things, the "celestial jukebox." Regardless of what the technology is called, behind the eloquent veneer is the case in point of a systematic corrosion of consumer rights that, in the end, results in an unfair exchange between the content producers and consumers. What is the relationship of the MPAA to current piracy practices in America? How will Hollywood's enormous economic investment in content control affect future film distribution, ...

At the pilgrimage site of Adam's Peak in Sri Lanka, a footprint is embedded atop the mountain summit. Buddhists hold that it was left by the Buddha, Hindus say Lord Siva, and Muslims and Christians identify it with Adam, the first man. The Sri Lankan state, for its part, often uses the Peak as a prop to convey a harmonious image of religious pluralism, despite increasing Buddhist hegemony. How should the diversity of this place be understood historically and managed practically?Considering the varied heritage of this sacred site, Alexander McKinley develops a new account of pluralism based in political ecology, representing the full array of actors and issues on the mountain. From its diverse people to rare species to deep geology, the Peak exemplifies a planetary pluralism that recognizes a multiplicity of beings while accepting competition and disorder. Taking a place-based approach, McKinley casts the mountain as an actor, exploring how its rocks, forests, and waters promote pilgrimage, inspire storytelling, and make ethical demands on human communities. Combining history and ethnography while furnishing original translations of sources from Pali, Sinhala, and Tamil, this multidisciplinary and stylistically innovative book shows how religious traditions share literal common ground in their reverence for the mountain

"A rollercoaster ride of a memoir, by turns hilarious and heartbreaking, by the journalist, playwright, and political activist Wajahat Ali. "Go back to where you came from, you terrorist!" This is just one of the many warm, lovely, and helpful tips that Wajahat Ali and other children of immigrants receive on a daily basis. Go back where exactly? His hometown in the San Francisco Bay Area, where he can't afford rent? Awkward, left-handed, suffering from OCD, and wearing Husky pants, Ali grew up on the margins of the American mainstream, devoid of Brown superheroes, where people like him were portrayed as goofy sidekicks, shop owners with funny accents, sweaty terrorists, or aspiring sweaty terrorists. Driven by his desire to expand the American narrative to include protagonists who look like him, he became a writer, and in the aftermath of the 9/11 terror attacks, an accidental activist and ambassador of all things Muslim-y. He uses his pen with turmeric-stained fingernails to fill in missing narratives, challenge the powerful, and booby trap racist stereotypes. In his bold, hopeful and hilarious memoir, Ali offers indispensable lessons and strategies to help cultivate a more compassionate America"--

Intro -- Acknowledgement -- Contents -- About the Author -- Abbreviations -- Introduction: The Theoretical and Analytical Framework -- References -- Primary Sources -- Greece -- United States -- Published Primary Sources and Archival Documents -- Greece's Security Problems in the Cold War -- The Role of the Left-Wing Parties -- References -- Primary Sources -- Greece -- NATO-Archive -- United Kingdom -- United States -- Published Primary Sources and Archival Documents -- Interviews -- Greece and Eastern Europe in the 1950s and 1960s -- The Economic Factor -- Political Rapprochements and the New Balance of Power -- References -- Primary Sources -- Greece -- Germany -- United States -- United Kingdom -- Published Primary Sources and Archival Documents -- The Cyprus Problem as Variable in the Soviet Bloc's Policy in the Eastern Mediterranean -- References -- Primary Sources -- Cyprus -- Germany -- Greece -- United States -- United Kingdom -- Published Primary Sources and Archival Documents -- The Unholy Alliance: Athens Military Regime's Ties with the Communist Bloc -- References -- Primary Sources -- Germany -- United States -- United Kingdom -- Published Archival Documents and Primary Sources -- Interviews -- The Ostpolitik in the Context of the Country's Multidimensional Foreign Policy in the 1970s -- References -- Primary Sources -- United Kingdom -- United States -- Greece -- Interviews -- PASOK's Foreign Policy Course Towards the Socialist Countries in the 1980s -- References -- Primary Sources -- Germany -- Greece -- United Kingdom -- United States -- Published Archival Documents and Primary Sources -- Interviews -- Conclusions.

The latest volume of Culture & Civilization gathers contemporary exponents of critical theory, specifically those based in the Frankfurt School of social thinking. Collectively, this volume demonstrates the continuing intellectual viability of critical theory, which challenges the limits of positivism and materialism. We may question how the theoretical framework of Marxism fails to coordinate with the conditions that defined labor forces, as did Max Horkheimer and Theodor Adorno, or deliberate on the conditions that justify the claims we make through public discourse, as did Jürgen Habermas. Or, like Axel Honneth, we may reflect on recognition theory as a means of addressing social problems. Whatever our objective, the focus of critical theory continues to be the consciousness of established "positive" interests that, without debate, may sustain injustices or conditions which the public may not have chosen to impose. Throughout the hardship of punitive dismissal and exile in the 1930s and 40s, and the shock of the New Left in the 1960s and 70s, and finally the later linguistic and pragmatic turn, the Frankfurt School has sustained the idea that people escape disaffection and alienation when their knowledge of the social and political world is dialectically mediated through creative interaction

Introduction: Security/ Mobility and the politics of movement / Marie Beauchamps ... [et al.] -- Prologue: Movement then and now. Connectivity as problem : security, mobility, liberals, and Christians / Luis Lobo-Guerrero and Friederike Kuntz -- Part I: Things on the move. The power of cyberspace centralisation : analysing the example of data territorialisation / Andreas Baur-Ahrens ; Commercialised occupation skills : Israeli security experience as an international brand / Erella Grassiani ; Mobility, circulation, and homeomorphism: data becoming risk information / Nathaniel O'Grady -- Part II: People on the move. 'Illegals' in the Law School of Athens : public presence, discourse, and migrants as threat / Giannis Gkolfinopoulos ; The management of African asylum seekers and the imaginary of the border in Israel / Sharon Weinblum ; Reinventing political order? A discourse view on the European Community and the abolition of border controls in the second half of the 1980s / Stef Wittendorp -- Part III: Circumscribing movement. Gender (in)securities : surveillance and transgender bodies in a post- 9/11 era of neoliberalism / Christine Quinan ; One thing left on the checklist : ontological coordination and the assessment of consistency in asylum requests / Bruno Magalhães ; Modelling the self, creating the other : French denaturalisation law on the brink of World War II / Marie Beauchamps -- Epilogue. Unpacking the new mobilities paradigm : lessons for critical security studies? / Emmanuel-Pierre Guittet

Editorial -- In The Series -- Title Page -- Copyright Page -- Dedication -- About Policy Network -- Contents -- Tables and Figures -- Acknowledgements -- Contributors -- Preface -- Foreword: The Promise of Predistribution -- Introduction: 1. Predistribution: A New Governing Prospectus for the Centre-left -- 2. Welfare States after the Crisis -- Part I: Future Changes in Welfare Societies -- 1. Public Opinion, Predistribution and Progressive Taxation -- 2. Progressive Social Policies for Intergenerational Justice in Ageing Societies -- Part II: Welfare States after the Crisis: A Predistribution Agenda? -- 3. Predistribution and Redistribution -- 4. The Potential and Limits of Predistribution in the UK -- Part III: Predistributive Labour Market Policies -- 5. Fostering Equitable Labour Market Outcomes -- 6. Labour Market Flexibility and Income Security in Old Age -- 7. Technology, the Labour Market and Inequality -- 8. Labour Market Institutions as Pillars of Predistribution -- 9. Predistribution and Labour Market Actors -- Part IV: Predistribution and the Social Investment State -- 10. Social Investment, Skills and Inequality -- 11. Looking to the Nordics? -- 12. The Demography of Predistribution -- 13. A 'Family Friendly' Welfare State -- Part V: The Politics of Predistribution -- 14. The Political Economy of the Service Transition -- 15. Welfare Futures: Changing Needs, Risks and Tools -- 16. Moving Towards Welfare Societies -- Postscript: The Future of the Welfare State

Product Description: In recent years, the question of war and sacrifice has been a major topic of political debate and controversy. If our country goes to war for reasons we endorse, what is our responsibility to share in its sacrifices? Does supporting a war mean serving in it? Does it mean encouraging our children to do so? Such questions have been posed by the so-called "chickenhawk" phenomenon: pro-war leaders and their pro-war children who call on Americans to assume the burden of war and its sacrifices, but avoid those sacrifices themselves. President Bush and other architects of the Iraq conflict were the most prominent chickenhawks. Cheyney C. Ryan argues that the chickenhawk issue is not just a matter of personalities-it will remain with us for a long time even though the Bush administration has left office. Ryan poses fundamental questions of war and personal sacrifice, pointing to the basic disconnection in American politics generally between the support for war and the willingness to assume its costs, which he calls "Alienated War." Calling for the reinvigoration of civic involvement, this illuminating and insightful book offers both a philosophical and historical exploration of America's citizen-soldier tradition and the consequences involved in separating the citizenry from the armed forces

Artículo de la sección: Estudios ; Para profundizar en el estudio del movimiento comunero desde la perspectiva local, el autor analiza en este trabajo el caso concreto de la ciudad de Cuenca, utilizando la información proporcionada por los libros de actas del concejo de los años 1520, 1521 y 1522. Se analizan los cambios que tuvieron lugar en la vida política de Cuenca desde el verano de 1520 y sus efectos sobre las relaciones establecidas entre la corporación de gobierno local y la Junta comunera de Tordesillas-Valladolid. Se demuestra que la presión comunera introdujo algunos cambios en el funcionamiento de la asamblea concejil, aunque los regidores la continuaron controlando, y sólo algunos dejaron de asistir a sus sesiones y abandonaron la ciudad. Y se pone de manifiesto que el apoyo prestado por el grupo gobernante conquense a la Junta comunera fue siempre débil y ambiguo, pues accedió muy tarde a enviar procuradores, y al poco tiempo les exigió que abandonasen dicha asamblea. ; In order to improve our knowledge of the revolt of the "Comunidades" from the local perspective, the author proposes in this article a study of the case of the city of Cuenca, that is based on the information provided by the recorded acts of the assemblies of the town council during the years 1520, 1521 and 1522. He analyses the main changes that took place in the political life of the city from the summer of 1520 onwards, and gives account of the influence that these changes had over the evolution of the relationship between the town council and the Junta of Tordesillas-Valladolid. He proves that the pressure from the local "comuneros" forced the introduction of several changes in the social composition of the town council, although the "regidores"(aldermen) continued to control it, and only some of them refused to attend its sessions, and left the city. And he also proves that during the revolt of the Comunidades the group that ruled in the city of Cuenca only gave a weak and ambiguous support to the Comunero Junta,because they sent very late their deputies to this assembly, and shortly afterwards they were required to leave it. ; Departamento de Historia Moderna y de América, Universidad de Granada