New and young firms Entrepreneurship policy and the role of government – evidence from the Federation of Small Businesses survey

Purpose – The purpose of this paper is to investigate whether new and young firms are different from older firms. This analysis is undertaken to explore general characteristics, use of external resources and growth orientation. Design/methodology/approach – Data from the 2008 UK Federation of Small Businesses survey provided 8,000 responses. Quantitative analysis identified significantly different characteristics of firms from 0-4, 4-9, 9-19 and 20+ years. Factor analysis was utilised to identify the advice sets, finance and public procurement customers of greatest interest, with ANOVA used to statistically compare firms in the identified age groups with different growth aspirations. Findings – The findings reveal key differences between new, young and older firms in terms of characteristics including business sector, owner/manager age, education/business experience, legal status, intellectual property and trading performance. New and young firms were more able to access beneficial resources in terms of finance and advice from several sources. New and young firms were also able to more easily access government and external finance, as well as government advice, but less able to access public procurement. Research limitations/implications – New and young firms are utilising external networks to access several resources for development purposes, and this differs for older firms. This suggests that a more explicit age-differentiated focus is required for government policies aimed at supporting firm growth. Originality/value – The study provides important baseline data for future quantitative and qualitative studies focused on the impact of firm age and government policy.

The role of common but differentiated responsibility in the 2020 climate regime

The principle of common but differentiated responsibility (CBDR) will play a role in the 2020 Climate Regime. This Article starts by examining differential treatment within the international legal order, finding that it is ethically and practically difficult to implement an international climate instrument based on formal equality. There is evidence of state parties accepting differential responsibilities in a number of areas within the international legal order and the embedding of CBDR in the United Nations Framework Convention on Climate Change (UNFCCC), means that that differential commitments will lie at the heart of the 2020 climate regime. The UNFCCC applies the implementation method of differentiation, while the Kyoto Protocol applies both the obligation and implementation method of differentiation. It is suggested that the implementation model will be the differentiation model retained in the 2020 climate agreement. The Parties’ submissions under the Durban Platform are considered in order to gain an understanding of their positions on CBDR. While there are areas of contention including the role of principles in shaping obligations and the ongoing legal status of Annex I and Non-Annex I distinction, there is broad consensus among the parties in favour of differentiation by implementation with developed and major economies undertaking Quantified Emission Limitation and Reduction Objectives (economy wide targets) and developing countries that are not major economies undertaking sectoral targets.

Advance Care Planning in palliative care : a systematic literature review of the contextual factors influencing its uptake 2008-2012

Background: Advance Care Planning is an iterative process of discussion, decision-making and documentation about end-of-life care. Advance Care Planning is highly relevant in palliative care due to intersecting clinical needs. To enhance the implementation of Advance Care Planning, the contextual factors influencing its uptake need to be better understood. Aim: To identify the contextual factors influencing the uptake of Advance Care Planning in palliative care as published between January 2008 and December 2012. Methods: Databases were systematically searched for studies about Advance Care Planning in palliative care published between January 2008 and December 2012. This yielded 27 eligible studies, which were appraised using National Institute of Health and Care Excellence Quality Appraisal Checklists. Iterative thematic synthesis was used to group results. Results: Factors associated with greater uptake included older age, a college degree, a diagnosis of cancer, greater functional impairment, being white, greater understanding of poor prognosis and receiving or working in specialist palliative care. Barriers included having non-malignant diagnoses, having dependent children, being African American, and uncertainty about Advance Care Planning and its legal status. Individuals’ previous illness experiences, preferences and attitudes also influenced their participation. Conclusion: Factors influencing the uptake of Advance Care Planning in palliative care are complex and multifaceted reflecting the diverse and often competing needs of patients, health professionals, legislature and health systems. Large population-based studies of palliative care patients are required to develop the sound theoretical and empirical foundation needed to improve uptake of Advance Care Planning in this setting.

Emissions Trading and WTO Law: A Global Analysis

Emissions trading schemes have been introduced throughout the world in order to achieve an environmental end. In the pursuit of reducing greenhouse gas emissions, these schemes will have a direct impact on the global economy. This book examines the details of emissions trading schemes through the lens of the World Trade Organization (WTO) law. Emissions trading schemes both implemented and proposed will be deconstructed to understand whether they will have a single uniform legal status within the WTO law, or indeed whether the legal status of the units of trade will differ on a case-by-case basis. This book examines non-discrimination provisions and exceptions within four significant WTO ‘covered agreements’. This analysis will be undertaken with a goal to understand how emissions trading scheme measures may be labelled and treated by WTO dispute settlement bodies. Moreover, the narrative of this publication demonstrates where decisions must be made by WTO Members in relation to the legal treatment of emissions trading units and liabilities. The aim of the book is to consider the issues associated with emissions trading that arise within the existing WTO law. This monograph will consider emissions trading schemes through the lens of WTO law to establish how these schemes will be defined, where they may potentially breach the non-discrimination provisions of the law and, whether the WTO law should be amended through Member agreement in order to accommodate these schemes. The book is an adaptation of a PhD thesis, which is an analysis of one emissions trading framework – the Australian Clean Energy Package – using WTO law as the theoretical framework. The aim of the proposed monograph is to increase the scope of analysis from the Clean Energy Package to emissions trading schemes more generally. It is envisaged that to do this effectively, examples of frameworks that have been proposed and implemented by various WTO members must be used as case studies for both WTO compliance and non-compliance.

Infrastructure Disputes Shape Future of Streaming Media

In November 2010, tension between Internet infrastructure companies boiled over in a dispute between content distribution network (CDN) Level 3 and Internet service provider (ISP) Comcast. Level 3, a distribution partner of Netflix, accused Comcast of violating the principles of net neutrality when the ISP increased distribution fees for carrying high bandwidth services. Comcast justified its actions by stating that the price increase was standard practice and argued Level 3 was trying to avoid paying its fair share. The dispute exemplifies the growing concern over the rising costs of streaming media services. The companies facing these inflated infrastructure costs are CDNs (Level 3, Equinix, Limelight, Akamai, and Voxel), companies that host streaming media content on server farms and distribute the content to a variety of carriers, and ISPs (Comcast, Time Warner, Cox, and AT&T), the cable and phone companies that provide “last mile” service to paying customers. Both CDNs and ISPs are lobbying government regulators to keep their costs at a minimum. The outcome of these disputes will influence the cost, quality, and legal status of streaming media.

Street-level perceptions of procedural rights for young unemployed people - a comparative study between Sweden and Australia

Two types of welfare states are compared in this article. Differences in procedural rights for young unemployed at the level of service delivery are analyzed. In Australia, rights are regulated through a rigid procedural justice system. The young unemployed within the social assistance system in Sweden encounter staff with high discretionary powers, which makes the legal status weak for the unemployed but, on the other hand, the system is more flexible. Despite the differences, there is striking convergence in how the young unemployed describe how discretionary power among street-level staff affects their procedural rights. This result can be understood as a result of similar professional norms, work customs and occupational cultures of street-level staff, and that there is a basic logic of conditionality in all developed welfare states where procedural rights are tightly coupled with responsibilities.

Raphael Lemkin collection undated, 1763, 1915-1919, [c.1921], 1933, 1941-1952, 1983, 1989.

Lemkin is the individual primarily responsible for adoption of the United Nations Convention for the Prevention and Punishment of Genocide. The collection is arranged according to the following subject areas: personal material, material on the Genocide Convention, material on genocide.

Posted Workers and Free Movement of Services in the European Union – the Impact on National Employment and Immigration Law

This thesis examines posting of workers within the free movement of services in the European Union. The emphasis is on the case law of the European Court of Justice and in the role it has played in the liberalisation of the service sector in respect of posting of workers. The case law is examined from two different viewpoints: firstly, that of employment law and secondly, immigration law. The aim is to find out how active a role the Court has taken with regard these two fields of law and what are the implications of the Court’s judgments for the regulation on a national level. The first part of the thesis provides a general review of the Community law principles governing the freedom to provide services in the EU. The second part presents the Posted Workers’ Directive and the case law of the European Court of Justice before and after the enactment of the Directive from the viewpoint of employment law. Special attention is paid to a recent judgment in which the Court has taken a restrictive position with regard to a trade union’s right to take collective action against a service provider established in another Member State. The third part of the thesis concentrates, firstly, on the legal status of non-EU nationals lawfully resident in the EU. Secondly, it looks into the question of how the Court’s case law has affected the possibilities to use non-EU nationals as posted workers within the freedom to provide services. The final chapter includes a critical analysis of the Court’s case law on posted workers. The judgments of the European Court of Justice are the principal source of law for this thesis. In the primary legislation the focus is on Articles 49 EC and 50 EC that lay down the rules concerning the free movement of services. Within the secondary legislation, the present work principally concentrates on the Posted Workers’ Directive. It also examines proposals of the European Commission and directives that have been adopted in the field of immigration. The conclusions of the case study are twofold: while in the field of employment law, the European Court of Justice has based its judgments on a very literal interpretation of the Posted Workers’ Directive, in the field of immigration its conclusions have been much more innovative. In both fields of regulation the Court’s judgments have far-reaching implications for the rules concerning posting of workers leaving very little discretion for the Member States’ authorities.

Kansankirkko, uskonnonvapaus ja valtio : Suomen evankelis-luterilaisen kirkon kirkolliskokouksen tulkinta uskonnonvapaudesta 1963-2003

A national church, freedom of religion, and the state The interpretation of freedom of religion formulated by the Synod of the Evangelical Lutheran Church of Finland in reference to the relationship between the Church and the state from 1963 to 2003 This paper discusses the interpretation of freedom of religion formulated by the Synod of the Evangelical Lutheran Church of Finland during the years 1963-2003. The effect of these formulations and decisions made by the Synod on the relationship between the Church and the state is also discussed as the relationship has been a central issue in the debate about freedom of religion in Finland. Active co-operation with the state caused a dispute in the Church during this period. Another cause for concern for the Synod, a strong defender of the national church, was the weakening position of the Church in a society undergoing many changes. As the Synod of 1963 discussed the status of the Church, the Church began to reflect upon its identity as a national church, and to evaluate freedom of religion in the country, as well as the relationship between the Church and the state. Some of the radicals of the 1960s and 1970s presented the Church as an obstacle to freedom of religion. The Synod was keen to emphasize that, in accordance with international agreements on human rights, freedom of religion means the freedom to have and follow a religion, and also that freedom of religion was a right of the majority in Finnish society. As an active guardian of the rights of its members, the Synod defended such issues as the teaching of religion in schools. Throughout the dispute, the Church focused on its right to act freely and, according to its identity, to express spirituality in the society. At the end of the 1960s, several efforts to reform the law on the freedom of religion and the relationship between the Church and the state gained favour in the Synod. These formulations of the Church were the basis for the work of a parliamentary committee in the 1970s, but no significant changes resulted. Instead, freedom of religion in Finland was judged to be fairly good. The committee paper did, however, lead to preparations for greater independence of the Church. The Synod at the time chose to react to the changes presented to it, but it was not before the 1990s that the Synod became an active force of reform in these matters. Though the Synod, particularly from the 1970s onwards, began clearly to favour the improvement of the position of other religious communities in Finland, it felt it had reason to be cautious as each church and religious community had the freedom to decide individually its relationship with the state. Any changes that would have weakened the position of the Church in Finnish society were met with disapproval in the Synod. Even though some theological concerns regarding the national identity of the Church were raised, the Synod emphasized issues of church policy. Keen to preserve and protect its legal status in society, the Synod judged that this status supported the freedom of action enjoyed by the Church as well as the freedom of religion.

"Politiikka on kirkossa" : Keskustapuolueen kirkkopoliittisten tavoitteiden muotoutuminen vuosina 1966–1978

This study in church history deals with the formation of aims in the church politics of the Centre Party during a period of extensive politicisation in Finnish society – 1966 to 1978. The focus is on the processes of creating political input within the party organisation. The most important source material consists of the records of the highest party organs as well as material from the party office and the party’s committee for church politics. In the late 1960s, at a time of leftist radicalism in Finnish society, issues concerning the Church were seldom dealt with in the highest party organs, even though informal discussion took place within the party. This phase was followed by a conservative reaction in society during the 1970s. The rightist trend as well as the ongoing politicisation process substantially strengthened the role of church politics in the party. An aim of great importance was to prevent those supporters who belonged to the Lutheran revival movements from moving into the Finnish Christian League. Therefore it became increasingly important to prove that the Centre Party was defending the Church as well as so-called Christian values in state politics, e.g., by advocating religious instruction in schools. The Centre Party also defended the independence and legal status of the Church, at the same time positioning itself against Finland’s Social Democratic Party. Many party members were of the opinion that the church politics should have been about defending the Church and Christian values in state politics instead of defending the proportional share of the party’s seats in the ecclesiastical decision-making system. Nevertheless, the struggle for hegemony between the Centre Party and the Social Democrats was reflected in the Evangelical Lutheran Church particularly since 1973. Thus the aims of church politics were increasingly directed towards ecclesiastical elections and appointments in the 1970s. To justify its activities in church elections, the party stressed that it was not politicising the Church. To the contrary, it was asserted that the church leaders themselves had politicised the Church by favouring the Social Democrats. These alleged efforts to affiliate the Church with one political party were strictly condemned in the Centre Party. But when it came to the political parties’ activity in church elections, opinions diverged. Generally, the issues of church politics resembled those of the party’s trade union politics in the 1970s.

Kansankirkko, uskonnonvapaus ja valtio : Suomen evankelis-luterilaisen kirkon kirkolliskokouksen tulkinta uskonnonvapaudesta 1963-2003

A national church, freedom of religion, and the state The interpretation of freedom of religion formulated by the Synod of the Evangelical Lutheran Church of Finland in reference to the relationship between the Church and the state from 1963 to 2003 This paper discusses the interpretation of freedom of religion formulated by the Synod of the Evangelical Lutheran Church of Finland during the years 1963-2003. The effect of these formulations and decisions made by the Synod on the relationship between the Church and the state is also discussed as the relationship has been a central issue in the debate about freedom of religion in Finland. Active co-operation with the state caused a dispute in the Church during this period. Another cause for concern for the Synod, a strong defender of the national church, was the weakening position of the Church in a society undergoing many changes. As the Synod of 1963 discussed the status of the Church, the Church began to reflect upon its identity as a national church, and to evaluate freedom of religion in the country, as well as the relationship between the Church and the state. Some of the radicals of the 1960s and 1970s presented the Church as an obstacle to freedom of religion. The Synod was keen to emphasize that, in accordance with international agreements on human rights, freedom of religion means the freedom to have and follow a religion, and also that freedom of religion was a right of the majority in Finnish society. As an active guardian of the rights of its members, the Synod defended such issues as the teaching of religion in schools. Throughout the dispute, the Church focused on its right to act freely and, according to its identity, to express spirituality in the society. At the end of the 1960s, several efforts to reform the law on the freedom of religion and the relationship between the Church and the state gained favour in the Synod. These formulations of the Church were the basis for the work of a parliamentary committee in the 1970s, but no significant changes resulted. Instead, freedom of religion in Finland was judged to be fairly good. The committee paper did, however, lead to preparations for greater independence of the Church. The Synod at the time chose to react to the changes presented to it, but it was not before the 1990s that the Synod became an active force of reform in these matters. Though the Synod, particularly from the 1970s onwards, began clearly to favour the improvement of the position of other religious communities in Finland, it felt it had reason to be cautious as each church and religious community had the freedom to decide individually its relationship with the state. Any changes that would have weakened the position of the Church in Finnish society were met with disapproval in the Synod. Even though some theological concerns regarding the national identity of the Church were raised, the Synod emphasized issues of church policy. Keen to preserve and protect its legal status in society, the Synod judged that this status supported the freedom of action enjoyed by the Church as well as the freedom of religion.

Rhode Island Act of Disability [copy]

Digital image

El representante de la escuela católica diocesana

Resumen: El estudio habla sobre la escuela canónicamente católica, erigida y dirigida por una diócesis; es decir, que el titular del dominio del establecimiento educativo es la diócesis, independientemente que se le dé el nombre de parroquial a dicha escuela. Puntualmente se analiza la naturaleza y la función de quien desempeña la tarea de la representación de la escuela católica diocesana, y que recibe diversas denominaciones: representante legal, apoderado legal, delegado episcopal, etc. Se referencia sobre la administración de bienes eclesiásticos de la escuela, y se ofrecen algunas apreciaciones sobre los poderes judiciales que otorgan los citados representantes. Finalmente se da una propuesta de Estatuto para los representantes de las escuelas católicas diocesanas.

Direito Desportivo Internacional: a influência das normas e das decisões jusdesportivas internacionais no ordenamento jurídico brasileiro

Este trabalho tem como escopo analisar as influências das normas e das decisões jusdesportivas internacionais no ordenamento jurídico brasileiro. Para isso, alinharam-se as predileções do autor por Esporte, Direito Internacional e Relações Internacionais, assim como por outras ciências, como Geografia. Indubitável a importância do tema para a conjuntura atual, sendo o Brasil sede dos dois principais megaeventos esportivos em 2014 e 2016, a Copa do Mundo Fifa e os Jogos da XXXI Olimpíadas, os Jogos Olímpicos. Essa dissertação foi dividida em quatro capítulos. O primeiro trata da relação entre Esporte, Globalização e Geopolítica, e o segundo capítulo versa sobre o Esporte sob a perspectiva dos Direitos Humanos. Após estudar o Esporte sob a perspectiva do Estado e do Homem, analisam-se as fontes do Direito Desportivo Internacional e o ordenamento jusdesportivo. Os Estados não são os únicos produtores de normas jurídicas. Entidades privadas são capazes de produzir normas, em cooperação ou em conflito com o Estado. Admite-se, portanto, pluralidade de produção normativa. No caso do Direito Desportivo Internacional, optou-se por abordar quatro organizações esportivas internacionais: COI, Wada, Fifa e TAS/CAS, tema do derradeiro capítulo. A influência de seus regulamentos e de seus estatutos se mostrará não apenas nos estatutos e nos regulamentos de suas afiliadas, mas também na legislação nacional. Essas organizações não governamentais de alcance transnacional/internacional têm sua natureza jurídica de acordo com seus estatutos constitutivos. A tentativa de unificação de sistemas jurídicos deve ser abandonada, dando lugar à concepção de harmonização. A dificuldade de harmonização é causada pela pluralidade de Estados e de atores privados que tentam normatizar as relações jurídicas que envolvem o esporte. Desse modo, as influências dessas normas internacionais de caráter privado são marcantes no ordenamento jurídico pátrio. Analisa-se como ocorrem essas influências e de que forma cada produtor de norma jurídica poderia atuar para que prevaleça a cooperação entre eles no âmbito jusdesportivo.

Análise comparativa dos instrumentos de gestão em Unidades de Conservação visando a gestão participativa no Cone Sul

A influência humana sobre as unidades de conservação (UCs) deve ser considerada a partir de modelos mais amplos, entendendo que há influência dos processos sociais nas mesmas e que essa é uma dimensão a ser discutida no âmbito das práticas de proteção da natureza. É importante que seja levado em consideração na criação, na ampliação e na gestão de uma UC a participação dos atores envolvidos direta e indiretamente, já que o quadro mundial indica ser uma tendência a criação de novas áreas e o envolvimento da sociedade neste processo. Ante esta realidade objetivou-se, nesta tese, contribuir para o fortalecimento da gestão participativa em UCs no Cone Sul, aqui definido como o conjunto de quatro países: Brasil, Argentina, Uruguai e Chile e tendo como estudo de caso quatro áreas protegidas: Parque Nacional do Itatiaia - Brasil, Parque Nacional Lago Puelo - Argentina, Santuário da Natureza Parque Pumalín - Chile e Paisagem Protegida Lagoa de Rocha Uruguai. Tendo por base os instrumentos de gestão em unidades de conservação no Brasil: plano de manejo, zona de amortecimento, educação ambiental e conselho gestor e sendo os mesmos determinados por normas legais (Leis, Decretos, Resoluções, Instruções Normativas) tais normas foram analisadas e comparadas com a finalidade de averiguar se nos países estudados estes instrumentos eram determinados legalmente, da mesma forma como são no Brasil, bem como se a vertente participativa estava presente nesta determinação. Após verificou-se se na Argentina, no Uruguai e no Chile havia a aplicação dos mesmos instrumentos de gestão em áreas protegidas que no Brasil; bem como foi averiguada a situação dos mesmos nos estudos de caso tendo por base a vertente participativa. Depois houve a contextualização e apresentação das dificuldades na gestão e das pressões sofridas pelas áreas protegidas buscando trazer à tona a realidade em que estão inseridas e das quais compartilham. Para tanto se utilizou de levantamentos bibliográficos, documentais, entrevistas semi-estruturadas com pessoas que tiveram experiências práticas com o problema pesquisado e os estudos de caso. Constatou-se que a determinação legal de instrumentos que propiciem a participação não é, via de regra, essencial para efetivar a gestão participativa da UC, mas a existência dos mesmos sim. Verificou-se que um bom resultado está atrelado às qualidades técnicas e subjetivas da gestão e também dos gestores, que podem ajudar e muito na gestão participativa, juntamente com uma parceria bem fortalecida.