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In recent years, nations around the world have faced a veritable crisis of ineffective government. Basic governmental functions – preventing private violence, resolving disputes through lawful means, providing an infrastructure to enable people to meet their most elementary needs for shelter, nutrition, transportation, communication, education – go unmet. In some countries, these basic functions are met but longer-term governance issues languish, and government is perceived to be unresponsive in ways that some believe contribute to political backlashes, including those against minority groups. These failures in governance are also perceived to have contributed to a global upsurge in authoritarianism and a concomitant decline in democracy.1
Moreover, the basic freedoms protected in many democratic constitutions – freedom from state-sanctioned torture and from punishment or coercion without fair process; freedom of expression, of religion, of movement; freedom from invidious discrimination; enjoyment of property without arbitrary government interference; free exercise of the suffrage – cannot exist, in an organized society, without government effective enough to control itself and its agents and otherwise to secure the protection of those rights.
The absence of ISDS cases against China may mean that investors are deprived of adequate and effective remedies for resolving investment disputes. Based on [type of empirical research], the authors find support for the view that the procedures offered by Chinese IIAs and legislation promote dispute resolution that is mutually satisfactory among investors and closely related public officials. However, they also find a possible trade-off in the sense that such solutions might depend on and promote corruption. Against this background, they explore how ISDS could contribute to combating corruption. [Abstract needs to be filled out and follow a logic of legitimacy critique, research method, finding/caveats – not currently clear]
An administrative code and a national framework of administrative courts was established under the 1997 Constitution but the origins of the contemporary system of administrative justice in Thailand go back to well over a century earlier. This essay will consider the relationship between the emergence of a relatively centralised state in the nineteenth century and the provision of an identifiable system of administrative law in Thailand. It will be argued that the episodic development of administrative justice can be related to a range of diverse elements including: the initial foundation of the Council of State during the reign King Rama V; an interest in European law and legal systems; the recognition of a principle of legality under the influence of Pridi Banomyong as part of a transition from absolute to monarchy to constitutional monarchy; the impact of the Council of State Act of 1933, which led to the establishment of a Petitioning Council under the Thai Council of State to handle grievances and provide remedies for Thai citizens.
Chapter 4 examines the role of international administrative mechanisms (linked with a judicial mechanism) in the provision of reparations for international crimes. It questions whether reparations should be dealt with primarily by administrative mechanisms such as trust funds or claims commissions, and examines these questions through the lens of the legal framework and experience of the ICC Trust Fund for Victims (TFV), as the main administrative mechanism dealing with reparations for international crimes. Considering the important questions that the TFV raises regarding reparations and the central role it has played thus far in the ICC context, the book devotes a separate chapter to the TFV to fully engage with the unique dimensions of its mandates, the challenges it faces and whether it can serve as a model for the development of other administrative mechanisms for reparations for international crimes. This chapter carefully analyses the TFV within the ICC structure, its reparations and assistance mandates, the role it has played in the implementation of the first decisions on reparations, and how this role should further develop. It also discusses the practical implications of the activities of the TFV on reparative justice, and its practical challenges, including scarcity of resources.
Reconstructing the past involved the reconsolidation of the post-Mao party-state’s bureaucratic apparatus through the systematic mobilization of state agencies and social organizations at the county, regional, provincial, and national levels. The balance between cross-departmental cooperation, differentiation, and specialization in the administrative organization of wenshi ziliao contributed to the production of locally distinctive accounts of commercial vitality and colonial flavor that resonated with the multifaceted nationalist and market reform agendas of post-Mao historical identity. These tensions were evident in the vertical relationships between wenshi ziliao offices at the county, provincial, and national levels. The national PPCC leadership’s policy of devolving responsibility to the local level was intended to drive national political reintegration from the bottom up, yet it also promoted the strengthening of local and regional identities whereby the goal of national reconsolidation became remobilized for the regional project of revitalizing a distinctive northeast/Manchuria historical consciousness. Wenshi ziliao practices of knowledge production, memory politics, and identity formation, balancing grassroots-based practices with top-down hierarchical control, speak to flexibility and resilience in post-Mao governance strategies.
The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability.Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.
When disasters that affect a wide area occur, external medical relief teams play a critical role in the affected areas by helping to alleviate the burden caused by surging numbers of individuals requiring health care. Despite this, no system has been established for managing deployed medical relief teams during the subacute phase following a disaster.
After the Great East Japan Earthquake and tsunami, the Ishinomaki Medical Zone was the most severely-affected area. Approximately 6,000 people died or were missing, and the immediate evacuation of approximately 120,000 people to roughly 320 shelters was required. As many as 59 medical teams came to participate in relief activities. Daily coordination of activities and deployment locations became a significant burden to headquarters. The Area-based/Line-linking Support System (Area-Line System) was thus devised to resolve these issues for medical relief and coordinating activities.
A retrospective analysis was performed to examine the effectiveness of the medical relief provided to evacuees using the Area-Line System with regards to the activities of the medical relief teams and the coordinating headquarters. The following were compared before and after establishment of the Area-Line System: (1) time required at the coordinating headquarters to collect and tabulate medical records from shelters visited; (2) time required at headquarters to determine deployment locations and activities of all medical relief teams; and (3) inter-area variation in number of patients per team.
The time required to collect and tabulate medical records was reduced from approximately 300 to 70 minutes/day. The number of teams at headquarters required to sort through data was reduced from 60 to 14. The time required to determine deployment locations and activities of the medical relief teams was reduced from approximately 150 hours/month to approximately 40 hours/month. Immediately prior to establishment of the Area-Line System, the variation of the number of patients per team was highest. Variation among regions did not increase after establishment of the system.
This descriptive analysis indicated that implementation of the Area-Line System, a systematic approach for long-term disaster medical relief across a wide area, can increase the efficiency of relief provision to disaster-stricken areas.
YamanouchiS, IshiiT, MorinoK, FurukawaH, HozawaA, OchiS, KushimotoS. Streamlining of Medical Relief to Areas Affected by the Great East Japan Earthquake with the “Area-based/Line-linking Support System”Prehosp Disaster Med. 2014;29(6):1-9.
My study investigates whether there has been a relative decline in the position of the Japanese bureaucracy in their relationship with politicians in recent decades. My hypothesis is that the loss of bureaucratic influence has been a function of the declining position of former bureaucrats within the ruling Liberal Democrat Party (LDP), and that politicians who were able to enter the Diet at a young age (due to hereditary recruitment) have gained influence. Their seniority has placed them at an advantage in promotion to key party and government posts. I use probit and logit analysis of LDP cabinet and Diet members (1955–2003) to demonstrate the decline of former bureaucrats within the LDP in terms of their overall numbers and their occupancy of key posts.
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