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Article

The Sociology of the State: The State as a Conceptual Variable  

Yale H. Ferguson and Richard W. Mansbach

The “state” is the theoretical and empirical bedrock of the international relations field, yet it is a hotly debated concept and is routinely defined to suit the normative and/or empirical ends of scholars and practitioners. It is thus a conceptual variable. The state has so many “meanings” and connotations that the term must be carefully defined every time it is used. Perhaps the most that can be said, with any degree of certainty, is that today the sovereign state has a recognized status in international law, continues to be an important identity symbol for many citizens, and is the focus of citizen demands for the provision of collective goods. Beyond such a statement, the going gets far more difficult. Different “schools” of social science theory view the state with different lenses. Whether the concept of state has any applicability to polities that predated early modern Europe is dubious. In any event, the state and all its variants were contingent products of particular times and European space, and states have continued to adapt and evolve over the centuries to such an extent that the “modern” state bears little resemblance to its Westphalian predecessor. Indeed, modern states themselves evince such a remarkable diversity that they have little in common with one another except sovereign legal independence. That status, in turn, is not to be confused with “real” independence, which has become increasingly evident in our present-day substantially globalized world. The traditional “inside/outside” distinction offers little consolation to state decision makers who find the “outside” severely constraining their capacity to offer their citizens security and welfare. The state’s “crisis of authority” has only worsened with the spread of illiberal populist nationalism and the “return of geopolitics.”

Article

Registration Convention  

Anja Nakarada Pečujlić

The adoption and entering into force of the 1975 Convention on Registration of Objects Launched into Outer Space (also known as the Registration Convention) was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS) and it represents a lex specialis to the Outer Space Treaty (OST), elaborating further Articles V, VIII, and XI of the OST. Article V OST deals with safe and prompt return of astronauts in case of distress or emergency landing to the state of registry of their space vehicle, which is then further defined in the Registration Convention. Article VIII OST only implied registration and provided for the consequences thereof, namely in respect of exercising jurisdiction and control over a registered space object. However, the Registration Convention specified the ensuing obligations and regulated the necessary practical steps of space objects registration. The Registration Convention also complements and strengthens Article XI OST, which stipulates an obligation of state parties to inform the secretary-general of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of “jurisdiction and control” as a comprehensive concept mentioned in Article VIII OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk of putting, for example, weapons of mass destruction secretly into orbit. Notwithstanding these important objectives, the negotiation history of the Convention and its lower number of ratification compared to the previous three space treaties testify to the numerous challenges that surround registration. The mandatory marking of space objects was one of the most heated points of debate between member states during the drafting of the Convention in the 1970s. Member states had conflicting views, depending on whether they were launching states or potential victims of launch failures. Additionally, questions on whether there should be one central or several registers and whether the type of information to be registered should be obligatory or optional were also pivotal in the discussion. It took five years of negotiation for member states to reach compromises and to adopt the Registration Convention, containing 12 articles. The articles covered issues ranging from registration procedure and different registries to amendments and withdrawal from the Convention. In addition, the following novelties were introduced: a new definition on “state of registry” was included; the “Moscow formula” was abandoned as the depositary was moved to the UN; and the “in five years review” clause found in Article X signified that the drafters were anticipating that technological developments could have such an impact on the Convention’s provisions that shorter time span between reviews were required than in previous space treaties. Despite the Convention’s novelties and its objective to protect the attribution of jurisdiction and control on the basis of a registry, as well as to ensure the rights provided in the Liability Convention and the Rescue and Return Agreement by offering means to identify space objects, the articles dealing with joint launch registration and registration by Intergovernmental Organizations (IGOs) are seen as weakening jurisdiction and control concept. Due to the fact that jurisdiction and control stay only with the state of registry, the other launching states may only conclude appropriate agreements to retain any of these rights. Thus, international responsibility and liability remain with all the launching states, but jurisdiction and control only with the state of registry. Furthermore, in the case of an IGO, the IGO does not have the sovereign authority to exercise jurisdiction and control, thereby raising the question who could do so instead of or on behalf of an IGO. In this regard, the Convention leaves important areas unregulated. In the following years, there were proposals to expand the Registration Convention to encompass other subject matters such as financial interests of assets in outer space; however, up until today, these issues remain regulated only by the UNIDROIT Space Assets Protocol.

Article

International Liability for Commercial Space Activities and Related Issues of Debris  

Elina Morozova and Alena Laurenava

Space activities are technically sophisticated and challenging endeavors involving high risk. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on Earth, in air space, or in outer space can be traced back to the very beginning of the space era. In 1963, just a few years after the first ever artificial satellite was launched, international liability was declared by the United Nations General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects that are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called launching states, as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to address damages and liability issues, including those arising from commercial launches; however, it is not always mandatory. Frequently, space-related accidents involve nonfunctional space objects and their component parts, which are usually referred to as “space debris.” This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the nonfunctional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called space debris. This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.

Article

State Responsibility and Commercial Space Activities  

Danielle Ireland-Piper, Makaela Fehlhaber, and Alana Bonenfant

Commercial activity in outer space has increased. However, space is a dual-use environment, with both military and civilian applications. This raises the important question as to the extent to which a nation-state is responsible for the actions of commercial activities undertaken by corporate entities. The international law principles of state responsibility are complex. However, in some circumstances, these principles do create that potential for states to be liable where, for example, a corporate entity is a de facto organ of the state, or where a corporation acts on the instructions of a state or is under its control. The United Nations Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, or Outer Space Treaty, provides some guidance on this question. Notwithstanding that, this is an uncertain area of the law, not least because of the complexity of space as an operating environment and complications in determining corporate nationality.

Article

Spatial Constructions of the American Secular  

Chad Seales

Secularization and secularism are interpretive narratives and analytical systems of locative naming that co-construct the category of religion in spatial relationship to the idea of the secular as not-religion. These approaches were developed in the 19th century to make sense of the social restructuring of industrial societies. They begin with the assumption that religion is spatially identifiable as Christian church space, as readily recognizable in built congregational structures. And they consider the secular, in the most literal sense, as that which is not. That is, the secular is everything physically outside church space. But secularization theorists often do not adhere to this literal interpretation of spatial difference. They also use space metaphorically in their understanding of “disestablishment” as referring to more than just the physical state-expropriation of church land, but also to the separation of spheres that results from nation-state legal sovereignty, particularly focused on the spatial division between secular culture and church subcultures. Whereas secularization theory offers narrative frames to orient a historical trajectory of religion in relation to not-religion, the study of secularism describes attempts to understand the political and legal regulation of religion in relation to sovereign nation-states. Methodological distinctions between secularization and secularism invoke a long-standing problem in the study of religion: the ability of the scholar to discern the difference between the metaphorical map of religion in relation to the idea of the secular, and the state governance of physical territory. Classical secularization theory was constructed within the colonial context of the 19th century, and it carries within itself the spatial distinctions that define an Enlightenment conception of the Western nation-state, as a secular sovereignty set apart from and transcendent of the revelatory particularity of religious authority. More recent versions of secularization theory in the United States still assume that only the secular state can transcend physical space and still control its boundaries and borders. Religious transcendence, by contrast, is viewed as otherworldly. The reason for this is because unlike secular authority, which is self-evident and universal, religious authority is revelatory and particular. Within secularization theory, religions then are limited in their ability to physically enact, in every sphere of life, their revelatory mandates. They can do so only as long as they maintain a high level of orthodox belief and practice, to the extent that there is no distinction between religious and cultural authority. Secularization theory thus assumes that religious pluralism of any kind results in a competition to see which religion can control all aspects of life. The nation-state then is viewed as the transcendent mediator of religious claims to civic life and public space. And while secularization theory considers this mediation in the spatial terms of public practice and private belief, studies of secularism give more attention to the historical and contextual limits of nation-state transcendence, as well as the ways in which nation-states physically bound religion as a category, whether as located in the legal limits of 501(c)(3) nonprofit status, or a congregational building with a street address. Though the term secularism has been a co-generative concept in classical secularization theory, theories of secularism have been more fully developed since the late 20th century. Some of those approaches have extended the spatial concerns of secularization theory, particularly as related to the question of religious endurance as measured in terms of public practice and private belief. The mere difference, which has garnered quite a bit of writing, is to shift the interpretive gaze away from the individual challenge of Protestant Christians to maintain a comprehensive religious meaning-making system, a “sacred canopy,” in the midst of increasing religious diversity, to the ability of “orthodox” religious subcultures to maintain religious authority in the midst of a pervasive secularism that is antagonistic to the possibility of any totalizing religion, one that is lived out in all spheres of life. Other theoretical approaches to secularism, however, are more directly engaged with post-colonial scholarship, and are more focused on the role of the nation-state in the categorical construction of religion, than they are worried about the social loss of traditional religion.

Article

Unobserved Components Models  

Joanne Ercolani

Unobserved components models (UCMs), sometimes referred to as structural time-series models, decompose a time series into its salient time-dependent features. These typically characterize the trending behavior, seasonal variation, and (nonseasonal) cyclical properties of the time series. The components are usually specified in a stochastic way so that they can evolve over time, for example, to capture changing seasonal patterns. Among many other features, the UCM framework can incorporate explanatory variables, allowing outliers and structural breaks to be captured, and can deal easily with daily or weekly effects and calendar issues like moving holidays. UCMs are easily constructed in state space form. This enables the application of the Kalman filter algorithms, through which maximum likelihood estimation of the structural parameters are obtained, optimal predictions are made about the future state vector and the time series itself, and smoothed estimates of the unobserved components can be determined. The stylized facts of the series are then established and the components can be illustrated graphically, so that one can, for example, visualize the cyclical patterns in the time series or look at how the seasonal patterns change over time. If required, these characteristics can be removed, so that the data can be detrended, seasonally adjusted, or have business cycles extracted, without the need for ad hoc filtering techniques. Overall, UCMs have an intuitive interpretation and yield results that are simple to understand and communicate to others. Factoring in its competitive forecasting ability, the UCM framework is hugely appealing as a modeling tool.

Article

Registration of Space Objects  

Bernhard Schmidt-Tedd and Alexander Soucek

Space objects are subject to registration in order to allocate “jurisdiction and control” over those objects in the sovereign-free environment of outer space. This approach is similar to the registration of ships on the high seas and for aircraft in international airspace. Registration is one of the basic principles of space law, starting with the first space-related UN General Assembly (GA) Resolution 1721 B (XVI) of December 20, 1961, followed by UN GA Resolution 1962 (XVIII) of December 1963 then formulated in Article VIII of the Outer Space Treaty of 1967, and later specified in the Registration Convention of 1975. Registration of space objects has arguably grown into a principle of customary international law, relevant for each spacefaring state. Registration occurs at the national and international level in a two-step process. To enter and object into the UN Register of Space Objects, the state establishes a national registry for its space objects and notifies the UN Secretary General of all registered objects. The UN Register is handled by the UN Office for Outer Space Affaires (UNOOSA), which has created a searchable database as an open source of information for space objects worldwide. Registration is linked to the so-called launching state of the relevant space object. There may be more than one launching state for the specific launch event, but only one state can register a specific space object. The state of registry has jurisdiction and control over the space object and therefore no double-registration is admissible. Registration practice has evolved in response to technical developments and legal challenges. After the privatization of major international satellite organizations, a number of nonregistrations had to be addressed. The result was the UN GA Registration Practice Resolution of 2007 as elaborated by the legal subcommittee of the UN Committee for the Peaceful Use of Outer Space. The complexity of space activities and concepts such as megaconstellations present new challenges for the registration system. For example, the Registration Practice Resolution recommends that in cases of joint launches each space object should be registered separately. Registration of space objects is a legal instrument relevant for state responsibility and liability, but it is not an adequate instrument for space traffic management. The orbit-related information of the registration system is useful for identification purposes but not for real-time positioning information. Orbital data to allow positioning, tracking, and collision warnings need to respond to various requirements of accuracy.

Article

Mixed Frequency Models  

Eric Ghysels

The majority of econometric models ignore the fact that many economic time series are sampled at different frequencies. A burgeoning literature pertains to econometric methods explicitly designed to handle data sampled at different frequencies. Broadly speaking these methods fall into two categories: (a) parameter driven, typically involving a state space representation, and (b) data driven, usually based on a mixed-data sampling (MIDAS)-type regression setting or related methods. The realm of applications of the class of mixed frequency models includes nowcasting—which is defined as the prediction of the present—as well as forecasting—typically the very near future—taking advantage of mixed frequency data structures. For multiple horizon forecasting, the topic of MIDAS regressions also relates to research regarding direct versus iterated forecasting.

Article

Power and Space in Electronic Communications  

Philip E. Steinberg and Darren Purcell

Electronic communications refer to forms of communication where ideas and information are embedded in spatially mobile electronic signals. These include the internet, telephony, television, and radio. Electronic communications are linked to state power in a complex and, at times, contradictory manner. More specifically, a tension exists between divergent pressures toward constructing electronic communication spaces as spaces of state power, as spaces of escape, and as spaces for contesting state power. On the one hand, states often invest in infrastructure and empower regulatory institutions as they seek to intensify their presence within national territory, for example, or project their influence beyond territorial borders. The widespread use of electronic communication technologies to facilitate governmental power is especially evident in the realm of cyberwarfare. E-government platforms have also been created to foster interaction with the state through electronic means. On the other hand, communication systems thrive through the idealization (and, ideally, the regulatory construction) of a space without borders, whereby individuals might bypass, or even actively work to subvert, state authority. Just as the internet has been seen as a means for state power to monitor the everyday lives and subjectivities of the citizenry, it has also been employed as a tool for democratization. Various institutions have emerged to govern specific electronic communication networks, including those that are focused on reproducing the power of individual states, those that operate in the realm of intergovernmental organizations, those that devolve power to actors in local government, and those that empower corporations or civil society.

Article

Religious Regulation in Poland  

Ewa A. Golebiowska and Silviya Gancheva

It is a truism to say that most Poles are Catholic. Yet, there is also a large number of other churches and religious organizations that are currently registered with the Polish state, although they are very small in the number of adherents they boast. In comparison with other churches and religious organizations, the Catholic Church is a uniquely important social and political actor today and has played an important role in Poland’s over millennium-long history. A brief review of the history of the Catholic Church in Polish society and politics helps illustrate how the Catholic Church has come to play the role it plays in present-day Poland. At present, its relationship to the Polish state is formally outlined in the Constitution, several statutes concerning religion, the country’s criminal code, and an international agreement with the Vatican known as the concordat. Three issues—religious education in public schools, the relationship between the Church and state finances, and the Church’s openness to new religious movements—illustrate how the Catholic Church and state in Poland interact in practice. More informally, religious expression in the country’s public square provides further insight into the relationship between church and state in Poland.

Article

Theories of Complex Systems and Educational Change at Multiple Scales  

Wolff-Michael Roth

Theories of complex systems originated in the natural sciences, where it became necessary to move away from describing systems in simple cause–effect models to using descriptions that take into account nonlinearity, emergence, path dependence, the interrelation of continuous (quantitative) and discontinuous (qualitative) transitions, and the interrelation of phenomena at multiple scales. Although some educators have begun to explore the usefulness of complex systems theories for describing educational phenomena at the different levels of scale, the vast majority of educational research continues to be dominated by simple and simplistic (quantitative and qualitative) models. After definition and discussion of different conceptions of systems, this article presents constraint satisfaction networks, chaos theory, and catastrophe theory, as dynamic models for social processes in education. The different models are introduced with easily accessible phenomena from the natural sciences. The models not only are sources of analogies and metaphors for articulating a variety of phenomena in educational systems, including learning and development, conceptual change, decision making, categorization, and curriculum implication, but also can be used for studying real educational systems. Readers find how these models can be used to think about and predict the behavior of systems at scales as small as student–teacher talk to school systems as a whole. The concepts are used to show why educational systems tend to be stable even when policymakers intend change and why some classroom contexts do not provide the conditions for student development despite well-meaning efforts of dedicated teachers.