The Caribbean Court of Justice: An investigation of the impact of elites on its creation and present structure as it relates to original jurisdiction

The primary focus of this dissertation is to determine the degree to which political, economic, and socio-cultural elites in Jamaica and Trinidad & Tobago influenced the development of the Caribbean Court of Justice's (CCJ) original jurisdiction. As members of the Caribbean Community (CARICOM), both states replaced their protectionist model with open regionalism at the end of the 1980s. Open regionalism was adopted to make CARICOM member states internationally competitive. Open regionalism was also expected to create a stable regional trade environment. To ensure a stable economic environment, a regional court with original jurisdiction was proposed. A six member Preparatory Committee on the Caribbean Court of Justice (PREPCOM), on which Jamaica and Trinidad & Tobago sat, was formed to draft the Agreement Establishing the Caribbean Court of Justice that would govern how the Court would interpret the Revised Treaty of Chaguaramas (RTC) and enforce judgments. ^ Through the use of qualitative research methods, namely elite interviews, document data, and text analysis, and a focus on three levels of analysis, that is, the international, regional, and domestic, three major conclusions are drawn. First, changes in the international economic environment caused Jamaica and Trinidad & Tobago to support the establishment of a regional court. Second, Jamaica had far greater influence on the final structure of the CCJ than Trinidad & Tobago. Third, it was found that in both states the political elite had the greatest influence on the development and structure of the CCJ. The economic elite followed by the socio-cultural elite were found to have a lesser impact. These findings are significant because they account for the impact of elites and elite behavior on institutions in a much-neglected category of states: the developing world.^

Last Interglacial synthesis of high-latitude temperature: temperature anomalies and associated errors for 4 time slices

The Last Interglacial (LIG, 129-116 thousand of years BP, ka) represents a test bed for climate model feedbacks in warmer-than-present high latitude regions. However, mainly because aligning different palaeoclimatic archives and from different parts of the world is not trivial, a spatio-temporal picture of LIG temperature changes is difficult to obtain. Here, we have selected 47 polar ice core and sub-polar marine sediment records and developed a strategy to align them onto the recent AICC2012 ice core chronology. We provide the first compilation of high-latitude temperature changes across the LIG associated with a coherent temporal framework built between ice core and marine sediment records. Our new data synthesis highlights non-synchronous maximum temperature changes between the two hemispheres with the Southern Ocean and Antarctica records showing an early warming compared to North Atlantic records. We also observe warmer than present-day conditions that occur for a longer time period in southern high latitudes than in northern high latitudes. Finally, the amplitude of temperature changes at high northern latitudes is larger compared to high southern latitude temperature changes recorded at the onset and the demise of the LIG. We have also compiled four data-based time slices with temperature anomalies (compared to present-day conditions) at 115 ka, 120 ka, 125 ka and 130 ka and quantitatively estimated temperature uncertainties that include relative dating errors. This provides an improved benchmark for performing more robust model-data comparison. The surface temperature simulated by two General Circulation Models (CCSM3 and HadCM3) for 130 ka and 125 ka is compared to the corresponding time slice data synthesis. This comparison shows that the models predict warmer than present conditions earlier than documented in the North Atlantic, while neither model is able to produce the reconstructed early Southern Ocean and Antarctic warming. Our results highlight the importance of producing a sequence of time slices rather than one single time slice averaging the LIG climate conditions.

Understandings of transnational families in debates on Migration and development

International migration sets in motion a range of significant transnational processes that connect countries and people. How migration interacts with development and how policies might promote and enhance such interactions have, since the turn of the millennium, gained attention on the international agenda. The recognition that transnational practices connect migrants and their families across sending and receiving societies forms part of this debate. The ways in which policy debate employs and understands transnational family ties nevertheless remain underexplored. This article sets out to discern the understandings of the family in two (often intermingled) debates concerned with transnational interactions: The largely state and policydriven discourse on the potential benefits of migration on economic development, and the largely academic transnational family literature focusing on issues of care and the micro-politics of gender and generation. Emphasizing the relation between diverse migration-development dynamics and specific family positions, we ask whether an analytical point of departure in respective transnational motherhood, fatherhood or childhood is linked to emphasizing certain outcomes. We conclude by sketching important strands of inclusions and exclusions of family matters in policy discourse and suggest ways to better integrate a transnational family perspective in global migration-development policy.

El primer tropiezo histórico de Bonaparte: la reconquista de Santo Domingo

El objetivo de este trabajo es estudiar el primer tropiezo histórico de las tropas de Napoleón Bonaparte, en Santo Domingo, y los paralelismos entre la Guerra de Independencia española y la Reconquista dominicana. Para ello se han analizado los testimonios de los personajes implicados, con el fin de indagar el ideario que inspiró su acción militar. Además probaremos que, contra las ideas defendidas por algunos historiadores, tras la paz de Basilea los dominicanos siguieron sintiéndose ligados a España, como demostraron en la Guerra de Reconquista contra el gobierno francés. Sólo Cuba, Puerto Rico y Santo Domingo participaron de este sentimiento, mientras el resto de Hispanoamérica comenzaba a clamar por la independencia.

The Communicative Dimension and Security in Asia-Pacific: A communicative-viewing proposal for reform of the Japanese Intelligence Services

The postwar development of the Intelligence Services in Japan has been based on two contrasting models: the centralized model of the USA and the collegiality of UK, neither of which has been fully developed. This has led to clashes of institutional competencies and poor anticipation of threats towards national security. This problem of opposing models has been partially overcome through two dimensions: externally through the cooperation with the US Intelligence Service under the Treaty of Mutual Cooperation and Security; and internally though the pre-eminence in the national sphere of the Department of Public Safety. However, the emergence of a new global communicative dimension requires that a communicative-viewing remodeling of this dual model is necessary due to the increasing capacity of the individual actors to determine the dynamics of international events. This article examines these challenges for the Intelligence Services of Japan and proposes a reform based on this new global communicative dimension.

Rotary moulding of ceramic hollow wares

A novel processing method for the fast and economic production of hollow ceramic components has been developed by combining in situ coagulation moulding with a modified version of the technique of rotary moulding[Binner, J. G. P., Al-Dawery, I. A., Tari, G. and Yan, Y., Rotary casting technique. UK Patent application No. 0506349.0, March 2005], the latter being adapted from the polymer industry. The process was found to require a high solids content suspension, hence development work was performed in this direction though in the end a new, commercial suspension was utilised. Of the three forming routes of gel casting, direct coagulation casting and in situ coagulation moulding, the latter was found to be the most promising for the new process of rotary moulding of ceramics. Due to the low value of clay-based ceramics, a new low cost coagulant was identified and the effect of lactone concentration and temperature on setting time determined. Following substantial optimisation work, it was found that a two-speed approach to multi-axial rotation was the most successful; medium sized cream jugs could be produced in just 7 min. With respect to mould materials, the porous resin normally used for pressure casting of sanitary ware was found to be the best option, though since this is quite expensive conventional plaster-of-paris moulds were found to be a suitable material to enable companies, particularly SMEs, to become familiar with the technology whilst avoiding high costs for trials. The processed articles could be successfully fired and glazed using gas-fired kilns with no sign of any black cores. Major advantages of the process include the ability to precisely calculate the amount of ceramic slip required, eliminating either slip wastage or the need to pour used slip back into the virgin material as currently happens with slip casting. In addition, since the precursor suspension has a very high solids content, the time and energy required to dry the green product and associated moulds has been considerably reduced. © 2008 Elsevier Ltd. All rights reserved.

The European Parliament and the Future of Comitology after Lisbon: Lessons to be drawn from the Regulatory Procedure with Scrutiny for Delegated Acts

The history of comitology – the system of implementation committees that control the Commission in the execution of delegated powers – has been characterised by institutional tensions. The crux of these tensions has often been the role of the European Parliament and its quest to be granted powers equal to those of the Council. Over time this tension has been resolved through a series of inter-institutional agreements and Comitology Decisions, essentially giving the Parliament incremental increases in power. This process came to a head with the 2006 Comitology reform and the introduction of the regulatory procedure with scrutiny (RPS). After just over three years of experience with the RPS procedure, and having revised the entire acquis communautaire, the Treaty of Lisbon made has made it redundant through the creation of Delegated Acts (Article 290 TFEU), which gives the Parliament equal rights of oversight. This article aims to evaluate the practical implications that Delegated Acts will entail for the Parliament, principally by using the four years of experience with the RPS to better understand the challenges ahead. This analysis will be of interest to those following the study of comitology, formal and informal interinstitutional relations, and also to practitioners who will have to work with Delegated Acts in the future.

Battle of Tehoo[pca].

Relief shown pictorially.

Tthe right to effective judicial protection and disability: the convention on the rights of persons with disabilities

On 13 December 2006, the General Assembly of the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD). It is the first comprehensive human rights treaty of the 21st century. The Convention is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. Precisely, the Convention marks a 'paradigm shift' in attitudes and approaches to persons with disabilities The Convention contains two articles directly connected with judicial effective protection, one more than the other, but on the other hand, one cannot be understood without the other. Both articles are Article 12 –Equal recognition before the law- and Article 13 –access to justice- As a scholar in Procedural Law, my contribution to the International Scientific Congress on Private Law of the Philippines and Spain aims to enshrine the relevant importance of the both provisions that guarantee effective judicial protection for persons with disabilities in order to analyze, subsequently, the implementation of them in Spanish legislation

Essays on internationalization in the context of heterogeneous firms

The significant increase in global trade flows in last decades has been one of the main features of the globalization process that started in the 1950s. In general, the main factors behind this increase were linked to (i) the significant reductions of trade costs and technical barriers; (ii) the improvements in transport infrastructure and telecommunications; (iii) the progress of the international financial system and the increasing legal certainty; and (iv) the development of a corporate culture that promotes the internationalization of firms as a strategic tool in order to survive and to grow. The remarkable increase of trade openness has also been observed in the Spanish economy. In this regard, it is clear that the entry into force of the Treaty of Accession of Spain to the European Economic Community (now the European Union) in 1986 played a main role in this dramatic increase. In addition, and because of the deep depression of domestic demand caused by the global financial and economic crisis that started in 2008, the external trade has become a key driver in the economic recovery of the Spanish economy...

The issue of data protection and data security in the (pre-Lisbon) EU third pillar

The key functional operability in the pre-Lisbon PJCCM pillar of the EU is the exchange of intelligence and information amongst the law enforcement bodies of the EU. The twin issues of data protection and data security within what was the EU’s third pillar legal framework therefore come to the fore. With the Lisbon Treaty reform of the EU, and the increased role of the Commission in PJCCM policy areas, and the integration of the PJCCM provisions with what have traditionally been the pillar I activities of Frontex, the opportunity for streamlining the data protection and data security provisions of the law enforcement bodies of the post-Lisbon EU arises. This is recognised by the Commission in their drafting of an amending regulation for Frontex , when they say that they would prefer “to return to the question of personal data in the context of the overall strategy for information exchange to be presented later this year and also taking into account the reflection to be carried out on how to further develop cooperation between agencies in the justice and home affairs field as requested by the Stockholm programme.” The focus of the literature published on this topic, has for the most part, been on the data protection provisions in Pillar I, EC. While the focus of research has recently sifted to the previously Pillar III PJCCM provisions on data protection, a more focused analysis of the interlocking issues of data protection and data security needs to be made in the context of the law enforcement bodies, particularly with regard to those which were based in the pre-Lisbon third pillar. This paper will make a contribution to that debate, arguing that a review of both the data protection and security provision post-Lisbon is required, not only in order to reinforce individual rights, but also inter-agency operability in combating cross-border EU crime. The EC’s provisions on data protection, as enshrined by Directive 95/46/EC, do not apply to the legal frameworks covering developments within the third pillar of the EU. Even Council Framework Decision 2008/977/JHA, which is supposed to cover data protection provisions within PJCCM expressly states that its provisions do not apply to “Europol, Eurojust, the Schengen Information System (SIS)” or to the Customs Information System (CIS). In addition, the post Treaty of Prüm provisions covering the sharing of DNA profiles, dactyloscopic data and vehicle registration data pursuant to Council Decision 2008/615/JHA, are not to be covered by the provisions of the 2008 Framework Decision. As stated by Hijmans and Scirocco, the regime is “best defined as a patchwork of data protection regimes”, with “no legal framework which is stable and unequivocal, like Directive 95/46/EC in the First pillar”. Data security issues are also key to the sharing of data in organised crime or counterterrorism situations. This article will critically analyse the current legal framework for data protection and security within the third pillar of the EU.

Os escritos de Giovanni Angelo Brunelli, astrônomo da Comissão Demarcadora de Limites portuguesa (1753-1761), sobre a Amazônia brasileira

O texto apresenta breve introdução à vida e à obra de Giovanni Angelo Brunelli (1722-1804), astrônomo bolonhês que participou da primeira Comissão Demarcadora de Limites entre as possessões de Portugal e Espanha na América do Sul, de 1753 a 1761, a serviço da Coroa lusitana. Em seguida, são publicados os três trabalhos de Brunelli sobre a Amazônia brasileira, tendo como temas a pororoca (1767), a mandioca (1767) e o rio Amazonas (1791); e dois outros documentos relacionadas à comissão, um ofício no qual Brunelli reclama a coordenação dos trabalhos de cartografia (1752) e um rascunho do diário de viagem do astrônomo até o rio Negro (1754). Todos esses documentos foram traduzidos ao português, pela primeira vez, do latim e do italiano.

Anabela e o monstro

Durava 4 a 5 anos. Hoje, como se sabe, pode-se fazer um “mestrado em direito integrado na licenciatura e com o tamanho de 35 páginas, em alguns meses”. O que provoca desdém dos nossos colegas alemães, italianos, franceses e por aí afora… é o chamado “Tratado de Bolonha” no seu melhor. O tal que já nem sequer se aplica em Itália. § Abstract: Lasted for 4 to 5 years. Today, of course, you can make a "master's degree in integrated right in the degree and the size of 35 pages, in a few months." What causes disdain of our German colleagues, Italian, French and so on ... is the "Treaty of Bologna" at its best. The such that no longer even applies in Italy.

A dimensão política da segurança para o ciberespaço na União Europeia : a agenda digital, a estratégia de cibersegurança e a cooperação UE-OTAN

Mestrado em Relações Internacionais.

Boas práticas de igualdade de género e sua relação nos domínios da satisfação laboral e clima organizacional

A Igualdade entre Homens e Mulheres e a não discriminação constituem princípios fundamentais da Constituição da Republica Portuguesa e do Tratado que institui a União Europeia – Tratado de Lisboa. A desigualdade entre Homens e Mulheres constitui uma violação dos direitos fundamentais, e impõe um pesado custo à economia na medida em que se desaproveitam talentos em função do género. A promoção de uma efetiva igualdade entre Homens e Mulheres constitui um dever fundamental do Estado. A promoção da participação ativa de Homens e Mulheres na vida política, ao nível da administração central, regional e local, é também um forte indicador da qualidade da democracia de um estado. Tomando por base a temática da Igualdade de Género, o Roteiro para a Igualdade entre Homens e Mulheres (2006-2010), o pacto Europeu para a Igualdade entre os Sexos (2006), a Estratégia para a Igualdade entre Homens e Mulheres 2010-2015 que elencam ações consideradas prioritárias – igualdade na independência económica; igualdade na remuneração por trabalho igual e por trabalho de igual valor; igualdade na tomada de decisões; promoção da dignidade e a integridade, pôr fim à violência de género; e questões horizontais – papéis desempenhados por Homens e Mulheres, legislação, governação e instrumentos no domínio da igualdade entre Homens e Mulheres, o objeto deste estudo centra-se na atividade do Estado Português, mais concretamente ao nível local. Procurou-se enquadrar esta temática na Gestão dos Recursos Humanos, na busca de um conhecimento mais aprofundado sobre a implementação de Boas Práticas de Igualdade de Género e a sua relação nos domínios da Satisfação Laboral assim como no Clima Organizacional. O presente estudo expõe uma abordagem quantitativa, de carácter descritivo, exploratório, correlacional e preditivo. O tratamento estatístico realizou-se com recurso ao programa IBM SPSS Statistics, versão 21. Os resultados encontrados apontam para uma associação positiva entre a existência de boas práticas de igualdade de género e a satisfação laboral dos trabalhadores, assim como do clima organizacional. São apresentadas pistas para a intervenção no domínio da função da gestão e desenvolvimento dos recursos humanos.