State Practice

Can international courts influence state policies and facilitate interstate cooperation? Existing literature argues that they can. Courts can make cooperative outcomes easier for states by formulating or endorsing rules around which state expectations and practice can converge. While it is widely assumed that court rulings may become focal points and play a role in harmonizing state practices, we know little about the conditions under which they have such an effect. We suggest that court rulings can often have an opposite, defocalizing effect, which may durably harm the prospects of convergence around what the law requires. We introduce defocalization as a process and discuss its possible types and implications. We argue that defocalization may be driven by incongruence of court rulings with existing treaty law and state practice and inconsistency of rulings over time. We illustrate our argument by examining the effect of key judicial rulings on the convergence of state views about the appropriate maritime delimitation rules by relying on an original dataset. Our findings show how defocalization unfolds and suggest that complexity can accumulate over time through legal rulings that are incongruent with existing state practice or treaty law, and can be maintained through inconsistent court decisions.Supplementary InformationThe online version contains supplementary material available at 10.1007/s11558-024-09545-4.

An emerging literature on ‘new municipalism’ has identified attempts not only to transform local state functions to respond to the urban crises of neoliberal austerity, but also to transform the structure and practices of the state itself, embedding democratic processes into local government. This article utilises the historical experience of the ‘new urban left’ within the Greater London Council (GLC) from 1981 to 1986 to explore the internal dynamics of state transformation in a context of municipal activism. It situates the GLC’s progressive policy responses to the urban crises of the early 1980s within a more quotidian project of state remaking, in which activists worked in-and-against the established political cultures and practices of the local state. The new urban left’s transformative, rather than simply instrumental, approach to the local state – rooted in the democratic politics of progressive social movements – challenges straightforward dichotomies between state and society. The article frames these nascent municipalist characteristics with a theoretical argument based on an autonomist-Marxist account of the state as a form of social relations, one that emphasises how capitalist crises pivot on the internal contradictions of labour. This reading directs theoretical attention to the ‘prosaic’ labour of state officials, and the article thus considers the quotidian experience of politicised officials in the GLC, whose activity blurred boundaries between political activism and professional labour. The practical contradictions involved in such forms of ‘activist state-work’– working within bureaucratic and legal limits, experimenting with new organisational forms, and negotiating contested workplace subjectivities – reveal forms of boundary-bridging between activism and statehood that highlight the potentially transformative dynamics within the labour of local governance. This unstable tightrope-walk between bureaucratic constraint and political agency at the nexus of state-work contributes to new municipalist thinking about reshaping the conduct of urban governance.

In its recent Genocide judgment, the International Court of Justice discussed the question of whether the acts of genocide carried out at Srebrenica by Bosnian Serb armed forces must be attributed to the Federal Republic of Yugoslavia (FRY), as claimed by Bosnia. It applied the ' effective control ' test set out in Nicaragua , reaching a negative conclusion. The Court also held that the broader ' overall control ' test enunciated by the International Criminal Court for the former Yugoslavia (ICTY) in Tadi c did not apply, on two grounds. First, the test had been suggested by the ICTY with respect to the question of determining whether an armed confl ict was international and not with regard to the different issue of state responsibility; secondly, in any case the test would have overly broadened the scope of state responsibility. The author argues that the ICTY admittedly had to establish in Tadi c whether the armed confl ict in Bosnia was internal or international. However, as no rules of international humanitarian law were of assistance for such determination, the Tribunal explicitly decided to rely upon international rules on state responsibility. The ICTY thus advanced the ' overall control ' test as a criterion generally valid for imputation of conduct of organized armed groups to a particular state. The test was based on judicial precedents and state practice. In addition, the ICTY did not exclude the applicability of the ' effective control ' standard, stating however that it only applied for the attribution to a state of conduct by single private individuals. Judicial decisions, even subse- quent to Tadi c , support the view that whenever conduct of organized armed groups or military units is at stake it suffi ces to show that the state to which they may be linked exercises ' overall control ' over them, in order for the conduct of those groups or units to be legally attributed to the state. Hence, any sound critique of Tadi c should not suggest that it dealt with a matter dif- ferent from state responsibility. It should instead be capable of showing that state and judicial practice do not corroborate that test.

Best (but often forgotten) Statistical Practices: Measuring Real-World Intervention Effectiveness using Electronic Health Data

As students prepare for statistical engineering, they first need to learn about the practice of statistics. This article presents some of the realities of the practice of statistics. These realities include looking at the bigger picture, dealing with data quality issues, developing an appropriate statistical model using the context and knowledge of the client, and designing follow-on studies. The practice of statistics is illustrated with precipitation data collected by a meteorologist.

424State succession — Union of Soviet Socialist Republics (“Soviet Union”) — Foreign property — Dissolution of a State — Whether the Russian Federation becoming sole owner of property abroad previously held by the Soviet Union — Co-ownership of foreign property of the former Soviet Union — Agreements regarding State succession with respect to foreign property — Soviet State-owned company — Property used by a shipping company from UkraineSources of international law — Customary international law — Persistent objector — State practice — Treaties — Treaty on the Legal Succession in respect of the External Public Debt and Assets of the Union of Soviet Socialist Republics, 1991 — The law of Austria

Changing Jus Cogens Through State Practice? — The Case of the Prohibition of the Use of Force and Its Exceptions

The doctrine of non-succession usually refers to two international arbitral awards which were decided in the context of incorporation of State: the R.E. Brown case and the Hawaiian Claims case. Scholars supporting the doctrine of non-succession generally make reference to State practice. A proper analysis of State practice and case law can only be made taking into account the different types of mechanism of State succession involved. It should simply be recalled the statement of the Arbitral Tribunal in the Lighthouse Arbitration case. This chapter examines the relevant State practice and international and municipal case law for the following different types of mechanism of succession of States: Incorporation of State; Unification of States; Dissolution of State; Cession and transfer of territory; Secession; and Creation of Newly Independent States.Keywords: case law; Hawaiian Claims case; Lighthouse Arbitration case; Newly Independent States; R.E. Brown case; State practice

The state has taken center stage during the COVID-19 pandemic in unanticipated ways. Rescuing private companies with public money exemplifies this, highlighting substantial state interventionism amidst a fairly dominant discourse of our times: that of the "neoliberal state." In this article, we focus on how owners of micro-businesses in Croatia constructed state practices during the COVID-19 pandemic and how interactions with the state prior to the pandemic contributed to these constructions. We reflect on the state as a historically embedded social relation that is understood, experienced, and felt. Drawing on interviews, we develop three themes that illustrate the layered and wrought relationship between business owners and the state, as they understand it to "exist"-state-mediated constructions of business owners: tycoons and heroes; frustrating state practices; contradictory images-the benevolent state. The pervasiveness of the state is reflected in how the post-socialist state has shaped professional identities in the business sector, in the overwhelmingly negative emotional landscape state practices seem to propel, but also in hints of state benevolence during the COVID-19 pandemic. The identified nexus of emotions in relation to state practices-exasperation, disappointment, indignation, gratitude-and their historical embeddedness are a strong indication of how present-day constructions of the state are an expression of "accumulated history." Based on their experiences with state practices, our interlocutors construct the state as corrupt, incompetent, inefficient, uncaring, coercive, only on occasion benevolent, and in a highly affective register as "unnecessary," while also expressing a desire for a state that "cares," particularly in disaster settings.

Compelling arguments for reform of statistical practices have been made in many disciplines, in some cases over several decades, but achieving reform has proved difficult. We discuss how reform has progressed—or not progressed—in psychology, medicine, and ecology and describe case studies of attempts by pioneering journal editors to change statistical practices. Lessons for those seeking reform in education include the need to recognize the importance of journal editors and of provision of articles, books, and software that give practical guidance to researchers wishing to use the recommended statistical techniques. Research is required on recommended techniques so that statistical practice can become evidence based. Also, improvement in statistical practice should be encouraged along with improvement in the way a discipline theorizes. © 2007 Wiley Periodicals, Inc. Psychol Schs 44: 441–449, 2007.

The disciplinary matrix of politics has been at the epicentre of the theoretical and epistemic ferment which has characterized the social sciences in the past forty years. This epistemic ferment found cogent expression in the Nigerian social sciences in the!980s and 1990s, as could be seen in the works of a number of scholars. By and large, however, the ‘search for a paradigm’ an inclusive attempt to comprehend the theory and practice of states’ behaviour which has characterized endeavours in the political science discipline, in the West and East is still an exception rather than the rule in the literature concerning Africa in general and Nigeria in particular. The ‘golden age’ of contemporary political analysis involving the best and brightest in both East and West is still a distant future horizon for Nigeria. This paper argues that the reason for this epistemic ‘underdevelopment’ of political science in Nigeria has multiple causes and is organically linked to generational thought forces which devalue theory and methoiiin political science, castigate Marxist epistemology and seek through intimidation to make ‘disciples’ rather than ‘scholars’ out of the young ‘initiates’ into the discipline.

The body of international law that regulates the conduct of armed conflicts has been known, at various points in time, as the law of war, the law of armed conflict, and international humanitarian law. While ‘the law of war’ was a term widely used in State practice throughout the 18th and 19th centuries, both ‘the law of armed conflict’ and ‘international humanitarian law’ were terms introduced in the 20th century by one organisation: the International Committee of the Red Cross. In this paper, we use international law and corpus linguistic tools in a pilot study, examining how the terms were first introduced into international law and how quickly they were incorporated (if at all) into the practice of States. Using the ongoing conflict involving Israel and its neighbours, this pilot study charts the appearance and recurrence of these terms in the practice of States in the United Nations to examine how the terms were received and used. We conclude by offering some initial assessments, noting that, while the terms were largely considered unproblematic at their introduction, practice in relation to their deployment suggests deep tensions regarding the nature and purpose of the law and how and when it applies.

Key PointsThis article illustrates the practice of statistics through simple experiments. In running experiments that involve blowing bubbles, collecting rain, and spinning propellers, issues arise that in the practice of statistics require being carefully addressed to correctly apply statistical methods. Addressing these issues involves developing statistical models, simulation, and optimization. Sometimes the solutions require research, that is, applied research.

Tax compliance and remittance have been relatively low in some western states of Nigeria, including Osun State. Understanding the factors influencing tax compliance and remittance and their impact on revenue generation is essential for improving revenue collection and enhancing state capacity for development. Therefore, this study examined the factors influencing tax audit practice on revenue profile in Osun State, Nigeria. Primary data were collected using questionnaire. The study population consists of the 224 chartered accountants requisite experience on tax audit in Osun state secretariat, Nigeria as at 2023 with a sample size of 193 chartered accountants using Taro Yamen formulae to determine the sample size. Random sampling technique was employed since all the respondent has equally chances to be selected Analytical techniques involved both descriptive and inferential statistics. Descriptive statistics and Analysis of Variance (ANOVA) were used to examine the factors that influences tax audit practice Findings from the descriptive analysis on the factors that influences tax audit practice in Osun state, Nigeria showed that Regulatory Framework (66.32%), Tax Policies (63.37%), Compliance Culture (35.75%) and Political Environment ((68.91%) are the key factors that influences tax audit practice in Osun state. The study concluded that there is significant variation in the determinant factors influencing tax audit practice in Osun state. It is therefore recommended that Osun State government should invest in regular training and capacity-building programsmme for tax auditors. This would ensure that auditors possess the technical skills, knowledge, and competency required to conduct comprehensive audits that can effectively boost revenue collection.

Marianne H. Marchand is professor of international relations at the Universidad de las Americas Puebla, Mexico, where she directs the Canadian Studies Program. She is a member of the National System of Researchers (SNI). Before she came to Mexico she has taught in the US and the Netherlands. Among her many publications are Feminism/Postmodernism/Development (with Jane L. Parpart; Routledge, 1995); and Gender and Global Restructuring (with Anne Sisson Runyan; Routledge, 2000) of which the second, fully revised edition, was just released. Her current research interests focus on the migration-development nexus, as part of which she has been coordinating a CONACYT-funded research project on Migration and Socially Sustainable Development in two communities in Tlaxcala (Mexico). In 2009 she received funding for a three-year long research project entitled ‘Unpacking the borders: North American stories of ordinary crossings and state practices’. Finally, Marchand was Vice-president of the International Studies Association in 2007-2008.