The political economy of protection after the Uruguay Round

Includes bibliography

Fiscal policy and social protection

Includes bibliography

Estudo longitudinal sobre a prática de aleitamento materno: fatores associados e causas de desmame

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

The rights-based approach to social protection in Latin America: From rhetoric to practice

This paper aims to contribute to developing the normative framework for rights-based social protection systems and discusses lessons learned in some emblematic programmes implemented in Latin America which have sought to advance a rights approach. The paper emphasizes the added value of the rights-based approach and describes the normative content of the right to social security. It then describes the basic elements of a rights-based approach and examines how it is operationalized in the design, implementation and evaluation of landmark social protection programmes in the region. The paper seeks to demonstrate that, despite the large gap that still exists between the rhetoric of a human rights approach and its implementation in specific policies, there have been significant achievements in some countries in Latin America. It argues that some of the good practices in the region can serve as policy examples to follow elsewhere. The paper concludes with a number of public policy recommendations with a view to consolidating the rights perspective in social protection programmes.

Protection et promotion sociales en Haïti: La stratégie nationale d´assistance sociale (SNAS/EDE PEP), enjeux stratégiques et institutionnels

Ce document a été élaboré par la Commission économique pour l’Amérique latine et les Caraïbes (CEPALC), dans le cadre des activités du projet “Time for Equality: Strengthening the Institutional Framework of Social Policies”. Le présent document est la version finale de l´étude commandée par la CEPALC, en réponse à une demande d´assistance technique de l´État haïtien.

Inclusive social development: The next generation of policies for overcoming poverty and reducing inequality in Latin America and the Caribbean

Foreword by Alicia Bárcena

Estudo da associação de polimorfismos no gene MC1R com cor de pele e cor de cabelo para fins forenses

Melanin is a very important pigment to human species, and besides defining skin, eyes and hair color, it is also involved in sun exposure protection. This pigment is classified into two subtypes: pheomelanin, which is responsible for lighter pigmentation and eumelanin, the dark pigment related. Due to this type of melanin variation it is possible to found different phenotypes of hair and skin color. The genetics MC1R variations are described as the most important for diversity in pigmentation, and this gene is directly related to the complex process of melanin synthesis. The use of these variations to phenotype prediction using genetic information has been used in Europe countries to infer physical features from biological samples, with the purpose of directing searches of criminal suspects and victims identification. The aim of this study was to analyze 8 major MC1R polymorphisms in a sample of Brazilian individuals. Analyzing 91 individuals, we observed with higher frequencies the polymorphisms rs1805005:G>T, rs2228479:G>A and rs885479:G>A, which are related to skin and hair colors, as previously showed in literature. These data suggest the possibility of predicting phenotype from genetic polymorphisms in Brazilian population. However it will be necessary to analyze a larger number of individuals to be able to confirm these associations and to perform a more detailed statistical analysis

A Survery of Western United States Instream Flow Programs and The Policies that Protect a River's Ecosystem

The Western United States can best be described as a vast, varying land, with the high plains to the east and the jagged horizons of Rockies to the west. However there is one common trait shared by these states: the lack of water resources. With the continued development of this land, the fact that water is scarce is becoming more real. This issue became more difficult to handle as the public became more aware that many competing uses existed for the finite resource, and those different uses were degrading the natural environments of the surface waters. With this realization instream flow policies provides a comprehensive account of the policy framework a selected number of western states have established in order to protect instream flows and the overall health of a river's ecosystem. Also included is the identification of key policies that should be promoted or removed from a state's instream flow program. Ultimately, this thesis continues to add the the ever-evolving process of modernizing water law frameworks.

Landscape changes in Serra do Japi: legal protection or scientific expectation?

The creation of new legally protected areas brings many conflicts that distance the real landscape from the expected according to environmental law or conservation researchers. In this study, we mapped and compared the changes in Serra da Japi (Sao Paulo State, Brazil) throughout 40 years with scenarios of legal protection and scientific expectation on forest conservation, to evaluate the distance between them. This may allow us to infer the direction of historical changes and assist in the debate among decision makers. The results showed that most legal requirements on forest protection in the current landscape have been met. The 1960s was the period when the forest cover was closest to the desirable conservation stage. Although the Serra do Japi has maintained large areas of forests during the entire study period, human interference increased with the expansion of reforestation and urban areas, and access roads were identified as a primary potential driving forces of change. In addition, habitat loss was observed in the landscape, which can represent the first phase of a sequence of modifications detrimental to the environmental conservation of this protected area, including decision changes to land use. In conclusion, the changes evolved toward conservation expectations, but not toward the forest configuration of scientific expectation.

The Dynamics of the Policies of Ethnic Cleansing in Silesia in the Nineteenth and Twentieth Centuries

Through studying German, Polish and Czech publications on Silesia, Mr. Kamusella found that most of them, instead of trying to objectively analyse the past, are devoted to proving some essential "Germanness", "Polishness" or "Czechness" of this region. He believes that the terminology and thought-patterns of nationalist ideology are so deeply entrenched in the minds of researchers that they do not consider themselves nationalist. However, he notes that, due to the spread of the results of the latest studies on ethnicity/nationalism (by Gellner, Hobsbawm, Smith, Erikson Buillig, amongst others), German publications on Silesia have become quite objective since the 1980s, and the same process (impeded by under funding) has been taking place in Poland and the Czech Republic since 1989. His own research totals some 500 pages, in English, presented on disc. So what are the traps into which historians have been inclined to fall? There is a tendency for them to treat Silesia as an entity which has existed forever, though Mr. Kamusella points out that it emerged as a region only at the beginning of the 11th century. These same historians speak of Poles, Czechs and Germans in Silesia, though Mr. Kamusella found that before the mid-19th century, identification was with an inhabitant's local area, religion or dynasty. In fact, a German national identity started to be forged in Prussian Silesia only during the Liberation War against Napoleon (1813-1815). It was concretised in 1861 in the form of the first Prussian census, when the language a citizen spoke was equated with his/her nationality. A similar census was carried out in Austrian Silesia only in 1881. The censuses forced the Silesians to choose their nationality despite their multiethnic multicultural identities. It was the active promotion of a German identity in Prussian Silesia, and Vienna's uneasy acceptance of the national identities in Austrian Silesia which stimulated the development of Polish national, Moravian ethnic and Upper Silesian ethnic regional identities in Upper Silesia, and Polish national, Czech national, Moravian ethnic and Silesian ethnic identities in Austrian Silesia. While traditional historians speak of the "nationalist struggle" as though it were a permanent characteristic of Silesia, Mr. Kamusella points out that such a struggle only developed in earnest after 1918. What is more, he shows how it has been conveniently forgotten that, besides the national players, there were also significant ethnic movements of Moravians, Upper Silesians, Silesians and the tutejsi (i.e. those who still chose to identify with their locality). At this point Mr. Kamusella moves into the area of linguistics. While traditionally historians have spoken of the conflicts between the three national languages (German, Polish and Czech), Mr Kamusella reminds us that the standardised forms of these languages, which we choose to dub "national", were developed only in the mid-18th century, after 1869 (when Polish became the official language in Galicia), and after the 1870s (when Czech became the official language in Bohemia). As for standard German, it was only widely promoted in Silesia from the mid 19th century onwards. In fact, the majority of the population of Prussian Upper Silesia and Austrian Silesia were bi- or even multilingual. What is more, the "Polish" and "Czech" Silesians spoke were not the standard languages we know today, but a continuum of West-Slavic dialects in the countryside and a continuum of West-Slavic/German creoles in the urbanised areas. Such was the linguistic confusion that, from time to time, some ethnic/regional and Church activists strove to create a distinctive Upper Silesian/Silesian language on the basis of these dialects/creoles, but their efforts were thwarted by the staunch promotion of standard German, and after 1918, of standard Polish and Czech. Still on the subject of language, Mr. Kamusella draws attention to a problem around the issue of place names and personal names. Polish historians use current Polish versions of the Silesian place names, Czechs use current Polish/Czech versions of the place names, and Germans use the German versions which were in use in Silesia up to 1945. Mr. Kamusella attempted to avoid this, as he sees it, nationalist tendency, by using an appropriate version of a place name for a given period and providing its modern counterpart in parentheses. In the case of modern place names he gives the German version in parentheses. As for the name of historical figures, he strove to use the name entered on the birth certificate of the person involved, and by doing so avoid such confusion as, for instance, surrounds the Austrian Silesian pastor L.J. Sherschnik, who in German became Scherschnick, in Polish, Szersznik, and in Czech, Sersnik. Indeed, the prospective Silesian scholar should, Mr. Kamusella suggests, as well as the three languages directly involved in the area itself, know English and French, since many documents and books on the subject have been published in these languages, and even Latin, when dealing in depth with the period before the mid-19th century. Mr. Kamusella divides the policies of ethnic cleansing into two categories. The first he classifies as soft, meaning that policy is confined to the educational system, army, civil service and the church, and the aim is that everyone learn the language of the dominant group. The second is the group of hard policies, which amount to what is popularly labelled as ethnic cleansing. This category of policy aims at the total assimilation and/or physical liquidation of the non-dominant groups non-congruent with the ideal of homogeneity of a given nation-state. Mr. Kamusella found that soft policies were consciously and systematically employed by Prussia/Germany in Prussian Silesia from the 1860s to 1918, whereas in Austrian Silesia, Vienna quite inconsistently dabbled in them from the 1880s to 1917. In the inter-war period, the emergence of the nation-states of Poland and Czechoslovakia led to full employment of the soft policies and partial employment of the hard ones (curbed by the League of Nations minorities protection system) in Czechoslovakian Silesia, German Upper Silesia and the Polish parts of Upper and Austrian Silesia. In 1939-1945, Berlin started consistently using all the "hard" methods to homogenise Polish and Czechoslovakian Silesia which fell, in their entirety, within the Reich's borders. After World War II Czechoslovakia regained its prewar part of Silesia while Poland was given its prewar section plus almost the whole of the prewar German province. Subsequently, with the active involvement and support of the Soviet Union, Warsaw and Prague expelled the majority of Germans from Silesia in 1945-1948 (there were also instances of the Poles expelling Upper Silesian Czechs/Moravians, and of the Czechs expelling Czech Silesian Poles/pro-Polish Silesians). During the period of communist rule, the same two countries carried out a thorough Polonisation and Czechisation of Silesia, submerging this region into a new, non-historically based administrative division. Democratisation in the wake of the fall of communism, and a gradual retreat from the nationalist ideal of the homogeneous nation-state with a view to possible membership of the European Union, caused the abolition of the "hard" policies and phasing out of the "soft" ones. Consequently, limited revivals of various ethnic/national minorities have been observed in Czech and Polish Silesia, whereas Silesian regionalism has become popular in the westernmost part of Silesia which remained part of Germany. Mr. Kamusella believes it is possible that, with the overcoming of the nation-state discourse in European politics, when the expression of multiethnicity and multilingualism has become the cause of the day in Silesia, regionalism will hold sway in this region, uniting its ethnically/nationally variegated population in accordance with the principle of subsidiarity championed by the European Union.

Patentability and Scope of Protection for DNA Sequence

Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a mi- cro-organism capable of dissolving crude oil, or the gene of a soya plant, the genetic engineering required for their production entails vast amounts of capi- tal. The policy in that respect is tailored by legislative acts and judicial decisions, ensuring a fair balance be- tween the interests of patent right holders and third parties. However, the policy differs from jurisdiction to jurisdiction, thus creating inconsistencies with re- gards to the given protection to the same invention, and as a result this could deter innovation and pro- mote stagnation. The most active actors shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the European Patent Organization. These three patent offices have set up a cooperation programme in order to promote and improve efficiency with regards to their patent policies on a global scale. However, recent judicial de- velopments have shown that the policy in respect to the field of biotechnology differs between the patent regimes of the United States of America and the two- layer system of the European Patent Organisation/ the European Union.

The Protection and Promotion of Cultural Diversity in a Digital Networked Environment : Mapping Possible Advances to Coherence

The present paper is the result of a four-year-long project examining the concept and the policies of cultural diversity and the impact of digital media upon the regulatory environment where the goal of cultural diversity is to be achieved. The focus of the project was primarily on the international level and in particular on the World Trade Organization (WTO) and the United Nations Educational Scientific and Cultural Organization (UNESCO), which also epitomise the often framed as opposing pair of trade and culture. In the broad context of the project, we sought to pinpoint the essential elements of an international trade-and-culture conducive framework that can also overcome the existing fragmentation in the field of international law and move towards more coherent solutions. In a narrower context, we sketched some possible improvements to the WTO law that can make it more suitable to the digital networked environment and to the objective of diverse media that some states aspire. . Our key messages are: (1) Neither the WTO nor UNESCO currently offers appropriate solutions to the trade and culture predicament and allows for efficient protection and promotion of cultural diversity; (2) The trade and culture discourse is overly politicised and due to the related path dependencies, a number of feasible solutions appears presently blocked; (3) The digital networked environment has profoundly changed the ways cultural content is created, distributed, accessed and consumed, and may thus offer good reasons to reassess and readjust the present models of governance; (4) Access to information appears to be the most appropriate focus of the discussions with view to protecting and promoting cultural diversity in the new digital media setting, both in local and global contexts; (5) This new focal point demands also broadening and interconnecting the policy discussions, which should go beyond the narrow scope of audiovisual media services, but cautiously account for the developments at the network and applications levels, as well as in other domains, such as most notably intellectual property rights protection; (6) There are various ways in which the WTO can be made more conducive to cultural policy considerations and these include, among others, improved and updated services classifications; enhanced legal certainty with regard to digitally transferred goods and services; incorporation of rules on subsidies for services and on competition.

Victims of War must be loyal to deserve protection: International law and national legislation on enemy aliens 1907-1918

In international law the internment of civilians has only been regulated in writing in the context of the 4th Geneva Convention of 1949. Nevertheless this did not mean that civilians were not protected by at least some rules of customary international law before that date and especially in World War I. Furthermore specialists of international law expected states – at least those considered to be part of the community of civilized nations – to continue to treat all men equal before the law even in wartime. As research already conducted (Bird, Panayi, Fischer) has shown, this was not the case during World War I. Based on these findings the presentation proposed here wants to look into the development of international law and into some national preparations for treating so called “enemy aliens” in the period before 1914 (Austria-Hungary, Australia, United Kingdom), in order to see to what extent principles of international law protecting civilians from the consequences of war can be detected in the pre-war preparations. As far as can be judged so far the issue of loyalty was central in this context. Looking at the war itself, the presentation proposed here will try to look at how far the principles of international law alluded to above continued to influence the policies on “enemy aliens” in the countries mentioned and to see, how the International Committee of the Red Cross tried to use them to legitimize and expand its protective policies in regard to civilians interned in belligerent as well as neutral countries throughout the war.

Policy Instrument Selection under Uncertainty: The Case of Micropollution Regulation

The paper addresses the question of which factors drive the formation of policy preferences when there are remaining uncertainties about the causes and effects of the problem at stake. To answer this question we examine policy preferences reducing aquatic micropollutants, a specific case of water protection policy and different actor groups (e.g. state, science, target groups). Here, we contrast two types of policy preferences: a) preventive or source-directed policies, which mitigate pollution in order to avoid contact with water; and b) reactive or end-of-pipe policies, which filter water already contaminated by pollutants. In a second step, we analyze the drivers for actors’ policy preferences by focusing on three sets of explanations, i.e. participation, affectedness and international collaborations. The analysis of our survey data, qualitative interviews and regression analysis of the Swiss political elite show that participation in the policy-making process leads to knowledge exchange and reduces uncertainties about the policy problem, which promotes preferences for preventive policies. Likewise, actors who are affected by the consequences of micropollutants, such as consumer or environmental associations, opt for anticipatory policies. Interestingly, we find that uncertainties about the effectiveness of preventive policies can promote preferences for end-of-pipe policies. While preventive measures often rely on (uncertain) behavioral changes of target groups, reactive policies are more reliable when it comes to fulfilling defined policy goals. Finally, we find that in a transboundary water management context, actors with international collaborations prefer policies that produce immediate and reliable outcomes.