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Experience of Legislative Regulation of Secessions in Three Countries: The USSR, China, and Canada

2020· article· en· W3100266786 on OpenAlexaboutno aff
Г Н Андреева

Bibliographic record

VenueLex Russica · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicLegal and Policy Issues
Canadian institutionsnot available
Fundersnot available
KeywordsSecessionPolitical scienceConstitutionLegislatureLegislationChinaTerritorial integrityLawState (computer science)PoliticsIndependence (probability theory)ReferendumSovereignty

Abstract

fetched live from OpenAlex

Secession in the 20th-21st centuries have become subject to legal regulation at the level of current legislation issued on the basis of the provisions of the national Constitution. The paper analyzes three of the laws on secession. Two of them (the USSR and Canada) regulate the implementation of secession from the state, the third (China) prohibits secession. All the three acts are based on the interpretation of relevant constitutional norms. An analysis of these laws in terms of the purpose for their issuance, content, features, and the degree of achievement of the officially formulated goals shows a significant discrepancy between the officially set goals and the legal tools of legislative techniques used to achieve them. Despite the different names and officially stated goals for secession laws adoption, all the three laws are aimed at either preventing secession or significantly delaying the process. In the Soviet and Canadian laws that formally permit secession, the main role in the process of "delaying" the issue is assigned to the central authorities of the state, which are given broad powers and opportunities to recognize the results of a referendum held by the relevant region as invalid. Due to the nature of Taiwan’s status and its relationship with China the PRC law can hardly be seen as an attempt to create a legal mechanism of counteraction of secession. It is rather a political warning, made in the form of a legal act, of the inadmissibility, in the opinion of the PRC, the international legal formalization of the independence of Taiwan. The legislative regulation of secession issues does not yet contain new mechanisms that clearly ensure the democratic nature of state decision-making. However, no matter how weak the legislative regulation of secession issues is, it is a step forward in comparison with the use of force to solve regional problems.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.006
metaresearch head score (Gemma)0.010
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: Qualitative
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.065
Threshold uncertainty score0.472

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0060.010
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.003
Science and technology studies0.0260.014
Scholarly communication0.0050.001
Open science0.0020.003
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0020.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.025
GPT teacher head0.301
Teacher spread0.276 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2020
Admission routes1
Has abstractyes

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