The Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis by James Thuo Gathii

There has been an increasing number of written works deconstructing various transformative values underpinned by the Constitution of Kenya. One of these transformative values is the concept of constitutional supremacy which, arguably, has not received nuanced theoretical attention in Kenya’s constitutional law scholarship. Gathii theorises the unexplored, yet controversial question of judicial empowerment and its centrality in anchoring constitutional supremacy in the post-2010 politico-constitutional order. He provides a well-researched exploratory analysis of the functional, institutional and normative fledgling nature of the Judiciary of Kenya. He does this through an analytical filter that investigates the prominent role that judicial expansion has played in promoting constitutional supremacy and the principle of legality

The International Dimension of the Right to Development: Where is the Gapping Crack of Accountability for Non-State Actors

Mainstream legal scholarship has paid much attention to clarifying the meaning of the right to development by placing a great deal of scrutiny primarily on obligations of states to the neglect of non-state actors, as if states are the only integral players in the global economy necessary for realizing the right to development. This entrepreneurship steered clear of assessing viability of the right’s founding vision of redressing institutional imbalances and unfairness of the global economic order. If the discourse took a global order reform trajectory, it would have injected thoughts on how accountability of international economic institutions and transnational corporations can be formulated in a way that bridges the disjuncture between human rights and economic globalization. This article argues that contemporary accountability practices underpinned by the state responsibility doctrine are ill-conceived and inadequate because they overplay the role of the state. Yet, the state is subordinated to the vested interests of unaccountable global capital which seed the global economy with numerous incidences of rights violations. Thus, the article recommends an expanded notion of accountability (answerability, responsibility, sanctions) detached from a state-centric conception of accountability, and which bears the potential of resolving the non-state actor accountability deficit in international law

Nuclear Fusion: Powering the Future

There has always been a concern for power generation for the world. With limited fossil fuels and the inefficiency of our current, renewable, power generation, a solution to our issue has been in the works for many years. Engineers, scientists, and civil workers are hard at work attempting to apply nuclear fusion to create massive amounts of power for the foreseeable future. Research was conducted using internet and library resources to find primary and secondary sources. For this study, interviews and news reports and case studies were reviewed to provide diverse information. To summarize what was found, engineers are hard at work to create the proper environment to allow fusion to happen in a safe way. Past experimentation has proved fusion to be inconclusive. Understanding of the purpose and current state of nuclear fusion can excite and catalyze the progress of our endeavors to produce clean, reliable power for the foreseeable future

Le traité canado-américain des eaux limitrophes et la Commission mixte internationale

The general character of Canada-U.S. relations would have been sharply different in the past 65-70 years had there not been established the International Joint Commission under the Boundary Waters Treaty of 1909.That Treaty anticipated in a remarkably prophetic way the lively and sometimes dangerous disputes that arise over shared water resources, boundary and trans-boundary. By providing a mechanism for the settlement of disputes over boundary and trans-boundary water courses, lakes, rivers, etc. and by providing also an investigative mechanism for all other disputes that' may take place along the boundary, the framers of the Boundary Waters Treaty created perhaps better than they knew. For the International Joint Commission has proven to be an instrument of flexibility and high utility. For almost 70 years it has issued Orders of Approval in over 50 cases involving the construction of works affecting the levels and flows of boundary waters as well as causing trans-boundary waters to rise at the boundary and therefore, requiring the approval of the Commission. The whole question of water use/water allocation between neighbouring states sharing common river basins or having rivers and lakes as boundaries is involved in this exercise.It could not have been foreseen, however, that the pioneer language of the pollution provisions of the Boundary Waters Treaty should have moved the Commission with ease into the environmental era. While the Commission was investigating pollution of water questions as early as 1912, and while it recommended a Canada-U.S. Great Lakes Pollution Treaty as early as 1920, it was a great achievement of both countries in signing the Great Lakes Water Quality Agreement in 1972 and again in 1978, which created the massive environmental role as monitor, co-ordinator and advisor that the Commission now plays in relation to both governments in the Great Lakes basin, and also, in the other watersheds along the 5 500 mile frontier of both countries.With the rise in the knowledge of air pollution, and the interfacing between air, water and land use, there is now a whole complex that is ecologically at the basis of the concerns of Canada and the United States and is of prime interest to the Commission, and has become a fundamental aspect of its work.The future of the Commission is vital to the future of both countries as its successful past has been in maintaining reasonably friendly relations despite the tensions which disputes over water resources can cause. It is the thrust of this paper to describe and demonstrate the processes in dispute avoidance and dispute settlement, in shared resource-planning, for which the Boundary Waters Treaty, the Great Lakes Quality Agreement and the work of the Commission now stand

Towards Development Justice: Re-Visiting the Accountability of the World Bank and the IMF from a Right to Development Perspective

This dissertation investigates how development justice can be realized through an international accountability praxis that is grounded on the core principles of the United Nations Declaration on the Right to Development, one that recognizes the imperative of direct and distinct accountability of the World Bank and the IMF for their development practices. Empirically, amid the intensification of human rights deprivations and mounting development injustices in the Global South, the dominant development praxis has been typified by the marked absence of direct and distinct accountability of international financial institutions. The normative frameworks of international accountability in the realm of development are institutionally weak and assume a statist outlook, delegitimizing any attempt to locate the causes of inegalitarian development outcomes in the character of the global development policy system. And yet, the global policy system has a significantly determinative, manipulating and subordinating character on the national development outcomes. This dissertation discerns that through legal doctrines and traditions that it constructs and reconstructs, international law tends to sanction, rationalize and legitimize accountability avoidance, disconnection, and obstruction, particularly when international financial institutions are the objects of censure in development policymaking and practice. It is this quality and architecture that render the functionalities of extant accountability regimes unsuitable and ill-adapted to aid the securement of the kind of development justice foreseen by the right to development norm. Simply, contemporary regimes cannot assure the protection of people in the Global South against harms causally linked to the interventions of the World Bank and IMF. Responding to this feature, this dissertation proposes that development accountability thought and practice must be contextually-aware and sensitive to the rights in question. Thus, it resorts to the core element of the right to development to participate in, and contribute to, development to propose what I call participatory accountability from below in international law. Participatory accountability offers the most pragmatic approach, premises the imperative of direct and distinct accountability of international financial institutions, recognizes Third World agency, autonomy and resistance in development practices, and adds into the repertoire of international law tools with which the Third World can confront development injustices

PERANCANGAN KEY PERFOMANCE INDIKATOR (KPI) CV.EFG MENGGUNAKAN KERANGKA KERJA BALANCED SCORECARD

CV.EFG adalah salah satu perusahaan konveksi yang saat ini dalam pengukuran kinerjanya masih bergantung pada aspek finansial, yaitu dengan melihat kenaikan laba pertahun, semakin tinggi laba yang didapatkan oleh perusahaan maka perusahaan sudah cukup dikatakan baik, namun selama 2 tahun terakhir perusahaan mengalami penurunan pendapatan yang mengakibatkan menurunnya laba bersih perusahaan. Dari hasil wawancara dengan pemilik perusahaan, didapatkan bahwa perusahaan tidak mencapai target penjualan yang sudah ditetapkan dan terjadi kenaikan pada produk cacat. Balanced scorecard adalah alat ukur kinerja yang tepat untuk di terapkan pada Cv.EFG karena mengukur kinerja tidak hanya fokus pada kondisi keuangan tetapi juga fokus kepada kondisi non keuangan perusahaan. Dari penelitan yang dilakukan menunjukan bahwa perancangan pengukuran indikator kinerja menggunakan kerangka kerja balanced scorecard menghasilkan 12 KPI. Dari hasil pengolahan data menggunakan metode AHP diperoleh bahwa persektif finansial memiliki bobot tertinggi sebasar 49%, kemudian bobot tertinggi kedua pada perspektif pelanggan sebesar 22%, persepektif proses bisnis inernal sebesar 17% dan perspektif pertumbuhan dan pembelajaran sebesar 11%. Kata Kunci: Pengukuran Kinerja, Balanced scorecard, Analytical Hierarchy Process (AHP)

Assessment of Cover Crop Management Strategies in Nebraska, US

Adoption of cover crops has the potential to increase agricultural sustainability in the US and beyond. In 2017, a survey was conducted with Nebraska stakeholders in an attempt to evaluate current cover crop management strategies adopted in soybean (Glycine max [L.] Merr.), field corn (Zea mays L.), and seed corn production. Eighty-two Nebraska stakeholders answered the survey, of which 80% identified themselves as growers. Eighty-seven percent of respondents manage cover crops, and the average cover crop ha planted on a per farm basis is 32%. The primary method of establishing cover crops following soybeans and field corn is drilling. In seed corn, interseeding is the main seeding strategy for cover crop establishment. Cereal rye (Secale cereale L.) appeared as the most adopted cover crop species (either alone or in mixtures with radish [Raphanus sativus L.] or hairy vetch [Vicia villosa Roth]). Over 95% of respondents utilize herbicides for cover crop termination in the spring before crop planting. Glyphosate is used by 100% of survey respondents that use herbicides for cover crop termination. The major observed impacts of incorporating cover crops into a production system according to survey respondents are reduced soil erosion and weed suppression. According to 93% of respondents, cover crops improve weed control by suppressing winter and/or summer annual weed species. The biggest challenge reported by cover crop adopters is planting and establishing a decent stand before winter. According to the results of this survey, there are different management strategies, positive outcomes, and challenges that accompany cover crop adoption in Nebraska. These results will help growers, agronomists, and researchers better guide cover crop adoption, management, and future research and education needs in Nebraska and beyond

Gender responsive budgeting in a large metropolitan area in South Africa

South Africa started the Women’s Budget Initiative in 1995 as part of its commitment to meeting its gender equality objectives and gender mainstreaming. However, in later years, research has found that government Gender Responsive Budgeting or GRB initiatives in South Africa are either dormant or dead. There is a range of reasons for this and some of them are not directly related to gender budgets or even gender. Research has shown that perhaps the greatest weakness is the lack of advocacy. From the review of existing literature, it is clear that there is a need for strong alliances between key stakeholders, which are Parliament, non-governmental organisations, academics, United Nations and the media to sustain the momentum of the gender budget process. Capacity building and training are also important for budget officers, civil society, national and local parliamentarians, given the low level of skilled financial personnel in municipalities. The availability of adequate sex-disaggregated data is an important success factor for municipalities so that they can deliver services equitably to their communities. This research is exploratory in nature and focuses on assessing GRB in one of South Africa’s largest urban municipalities. It also reviewed the 2012/13 Integrated Development Plan through a focus on health, housing infrastructure, safety and security and education. These are some of the wellknown variables to ease the plight of the poor and are good quality of life indicators for men, women, boys and girls. The research method that has been used in this research is both qualitative and quantitative. This study has found that there is no clear co-coordinated plan for the implementation of GRB in this metropolitan municipality. The lack of resources is also seen as the main challenge to GRB in this metropolitan municipality.Public AdministrationM.P.A