“Right to Privacy and Freedom of Press - Conflicts and Challenges”

India is a signatory to the United Nations Declaration of Human Rights 1948 and the International Covenant on Civil and Political 1966, the two major International instruments, building the foundations of the major democracies and the constitutions of the world. Both these instruments give an independent and upper position to right to privacy compared to right to freedom of speech and expression. The freedom of press finds its place under this right to freedom of speech and expression. Both these rights are the two opposite faces of the same coin. Therefore, without the right of privacy finding an equal place in Indian law compared to right to freedom of speech and expression, the working of democracy would be severely handicapped and violations against citizens rights will be on the rise It was this problem in law and need to bring a balance between these two conflicting rights that induced me to undertake this venture. This heavy burden to bring in a mechanism to balance these two rights culminated in me to undertake this thesis titled “Right to Privacy and Freedom of Press – Conflicts and Challenges

Product autoregressive models for non-negative variables

When variables in time series context are non-negative, such as for volatility, survival time or wave heights, a multiplicative autoregressive model of the type Xt = Xα t−1Vt , 0 ≤ α < 1, t = 1, 2, . . . may give the preferred dependent structure. In this paper, we study the properties of such models and propose methods for parameter estimation. Explicit solutions of the model are obtained in the case of gamma marginal distribution

Negative Größen bei Diophant?

In this paper we champion Diophantus of Alexandria and Isabella Basmakova against Norbert Schappacher. In two publications ([46] and [47]) he puts forward inter alia two propositions: Questioning Diophantus' originality he considers affirmatively the possibility, that the Arithmetica are the joint work of a team of authors like Bourbaki. And he calls Basmakova's claim (in [5]), that Diophantus uses negative numbers, a "nonsense", reproaching her for her "thoughtlessness". First, we disprove Schappacher's Bourbaki thesis. Second, we investigate the semantic meaning and historical significance of Diophantus' keywords leipsis and mparxis. Next, we discuss Schappacher's epistemology of the history of mathematics and defend Basmakova's methods. Furthermore, we give 33 places where Diophantus uses negative quantities as intermediate results; they appear as differences a - b of positive rational numbers, the subtrahend b being bigger than the minuend a; they each represent the (negative) basis (pleyra) of a square number (tetragonos), which is afterwards computed by the formula (a - b)^2 = a^2 + b^2 - 2ab. Finally, we report how the topic "Diophantus and the negative numbers" has been dealt with by translators and commentators from Maximus Planudes onwards.

On Oseen Resolvent Estimates: A Negative Result

We consider the resolvent problem for the scalar Oseen equation in the whole space R^3. We show that for small values of the resolvent parameter it is impossible to obtain an L^2-estimate analogous to the one which is valid for the Stokes resolvent, even if the resolvent parameter has positive real part.

Time Discretization of the SST-generalized Navier-Stokes Equations: Positive and Negative Results

In the theory of the Navier-Stokes equations, the proofs of some basic known results, like for example the uniqueness of solutions to the stationary Navier-Stokes equations under smallness assumptions on the data or the stability of certain time discretization schemes, actually only use a small range of properties and are therefore valid in a more general context. This observation leads us to introduce the concept of SST spaces, a generalization of the functional setting for the Navier-Stokes equations. It allows us to prove (by means of counterexamples) that several uniqueness and stability conjectures that are still open in the case of the Navier-Stokes equations have a negative answer in the larger class of SST spaces, thereby showing that proof strategies used for a number of classical results are not sufficient to affirmatively answer these open questions. More precisely, in the larger class of SST spaces, non-uniqueness phenomena can be observed for the implicit Euler scheme, for two nonlinear versions of the Crank-Nicolson scheme, for the fractional step theta scheme, and for the SST-generalized stationary Navier-Stokes equations. As far as stability is concerned, a linear version of the Euler scheme, a nonlinear version of the Crank-Nicolson scheme, and the fractional step theta scheme turn out to be non-stable in the class of SST spaces. The positive results established in this thesis include the generalization of classical uniqueness and stability results to SST spaces, the uniqueness of solutions (under smallness assumptions) to two nonlinear versions of the Euler scheme, two nonlinear versions of the Crank-Nicolson scheme, and the fractional step theta scheme for general SST spaces, the second order convergence of a version of the Crank-Nicolson scheme, and a new proof of the first order convergence of the implicit Euler scheme for the Navier-Stokes equations. For each convergence result, we provide conditions on the data that guarantee the existence of nonstationary solutions satisfying the regularity assumptions needed for the corresponding convergence theorem. In the case of the Crank-Nicolson scheme, this involves a compatibility condition at the corner of the space-time cylinder, which can be satisfied via a suitable prescription of the initial acceleration.

INFO2009 Group23 CW2 Freedom of Information

the coursework2 for INFO2009 by group23. This resource contains a poster and a questionnaire(web page based).Please access following website for the questionnaire: http://users.ecs.soton.ac.uk/rrs4g10/info2009

A Modest Proposal to Clarify the Status of Coca in the United Nations Conventions

The implementation of anti-drug policies that focus on illicit crops in the Andean countries faces many significant obstacles, one of which is the cultural clash it generates between the main stakeholders. On the one hand one finds the governments and agencies that attempt to implement crop substitution and eradication policies and on the other the peasant and natives communities that have traditionally grown and used coca or those peasants who have found in coca an instrument of power and political leverage that they never had before. The confrontation about coca eradication, alternative development and other anti-drug policies in coca growing areas transcends drug related issues and is part of a wider and deeper confrontation that reflects the long-term unsolved conflicts of the Andean societies. All Andean countries have stratified and fragmented societies in which peasants and Indians have been excluded from power. In Bolivia, Ecuador and Peru most peasants belong to native communities many of which have remained segregated from “white” society. The mixing of the races (mestizaje) in Colombia occurred early during the Conquest and Colony. Those of Indian descent became subservient to the Spanish and Creoles. The society that evolved was (and still is) highly hierarchical, authoritarian, and has subjacent racist values. The resulting political system has been exclusionary of large portions of the population. Among Indian communities coca has been used for millennia and its use has become an identity symbol of their resistance against what may be looked at as foreign invasion. “The Andean Indian chews coca because that way he affirms his identity as son and owner of the land that yesterday the Spaniard took away and today the landowner keeps away from him. To chew coca is to be Indian...and to quietly and obstinately challenge the contemporary lords that descend from the old encomenderos and the older conquistadors” (Vidart, 1991: 61, author’s translation). In Andean literature on illegal drugs as well as in seminars, colloquia and other meetings where drug policies are debated, complaints are frequently expressed about the treatment of coca in the same category as cocaine, heroin, morphine amphetamines and other “hard” drugs. The complainants assert that “coca is not cocaine” and that it is unfair to classify coca, a nature given plant which has been used for millennia in the Andes without significant negative effects on users, in the same category as man made psychotropic drugs. They also argue that coca has manifold social and religious meanings in indigenous cultures, that coca is sacred and that the requirement of the1961 Single Convention demanding that Bolivia and Peru completely eradicate coca within 25 years is limiting Indigenous communities in their freedom to practice their religions. In most debates about drug interdiction, the views of those who oppose that approach are not accepted as legitimate. Indeed, “prohibitionists” demonize drugs and those who oppose drug policies in Latin America frequently demonize the United States as the imperialist power that imposes them. This dual polarization is a main obstacle to establish a meaningful policy debate aimed at broadening the policy consensus necessary for successful policy implementation. This essay surveys the status of coca in the United Nations Conventions, explains why it is confusing, and how a few changes would eliminate some of the sources of conflict and help organize and control licit coca markets in the Andes. The current disorganized and weakly controlled legal coca market in Peru has been analyzed to demonstrate its deficiencies and to illustrate possible improvements in international drug control policies.

Freedom Of Information Act

Link to various resources appropriate for revising the FOI

Freedom of contract and the coexistence of trademark registrations in Colombia

In trademark systems such as the Andean Community, a state authority verifiesthat the marks are distinctive, lawful and do not affect third parties, and after that,given their ownership. In this context, particular interest has sparked the possibilityof individuals by agreements or statements of co-existence, are who ensure that theirsigns meet the conditions for simultaneous registrations.Such agreements for the coexistence of marks are problematic if one thinks thatthe holders of interests that would be available also seem to matter to consumers,competitors and the market. Therefore, define the scope of contractual freedom inthe field of trademark law, whose rules are considered imperative, acquire practicaland theoretical importance because its realization i) recognizes the risks that maybe relevant to evaluating trade agreements and ii) contributes to debates on the roleof private autonomy in areas reserved for non-derogable norms. Thus, this researchputs the declarations of consent for the coexistence of registrations in Colombia, ina larger scope of the limits of freedom of contract.

Fundamental Right to Freedom of Conscience without Objection? Some Notes for its Recognition as a Fundamental Guarantee

Conscientious objection is defined as the ability to depart from statutory mandates because of intimate convictions based on ethical or religious convictions. A discussion of this issue presents the conflict between the idea of a State concerned with the promotion of individual rights or the protection of general interests and an idea of law based on the maintenance of order and against a view of the law as a means to claim the protection of minimum conditions of the person. From this conflict is drawn the possibility to argue whether conscientious objection should be guaranteed as a fundamental right of freedom of conscience or as a statutory authority legislatively conferred upon persons. This paper sets out a discussion around the two views so as to develop a position that is more consistent with the context of social and constitutional law.

An analysis of the anxiolytic effects of ethanol on consummatory successive negative contrast

The anxiolytic properties of ethanol (1 g/kg, 15% dose, i.p.) were studied in two experiments with rats involving incentive downshifts from a 32% to a 4% sucrose solution. In Experiment 1, alcohol administration before a downshift from 32% to 4% sucrose prevented the development of consummatory suppression (consummatory successive negative contrast, cSNC). In Experiment 2, ethanol prevented the attenuating effects of partial reinforcement (random sequence of 32% sucrose and nothing) on cSNC, causing a retardation of recovery from contrast. These effects of ethanol on cSNC are analogous to those described for the benzodiazepine anxiolytic chlordiazepoxide, suggesting that at least some of its anxiolytic effects are mediated by the same mechanisms. 

Freedom for rent. Informal housing market of Caracas

For years it was believed that in Caracas an informal rental housing market did not exist. A survey (n:832) in seven informal areas shows the opposite. The article analyzes the socio-legal aspects and characteristics of the market: the negotiated property, the rent, the actors and the norms that regulate the market. It is concluded that the Venezuelan State, with its controls and social policies, has become the principal promoter of the informal rental market and that because of the freedom to rent, the poor are the real estate agents that contribute most to meeting the increasing demand for housing.

Freedom of the Press in Canada and Colombia

A general conclusion of the history of the Canadian press demonstrates that state was built after true journalism had been consolidating. Press development went along with economic progress and this was achievable, in great measure, because of the manner colonization took place in North America. This aided the de facto nationalization of press freedom in Canada. In Colombia, on the contrary, wealth concentration and the Spanish failure to build an economic market, resulted in a constant political instability from the time the Independence War. Legal and the de facto nationalization would be attained only at the end of the twentieth century, though journalism was already part of the institutional arrangement.-----Una conclusión general de la historia de la prensa canadiense demuestra que el estado actual se construyó después de haberse consolidado el verdadero periodismo. El desarrollo de la prensa fue paralelo al progreso económico y se pudo lograr en gran medida por la forma en que se colonizó Norteamérica. Esto ayudó a la nacionalización de facto de la libertad de prensa en Canadá. En Colombia, por el contrario, la concentración de la riqueza y el hecho de que los españoles no construyeran un mercado económico produjeron una inestabilidad política constante desde la época de la Guerra por la Independencia. La nacionalización legal y de hecho solamente se logró a finales del siglo XX, aunque el periodismo ya era parte de la organización institucional. 

Autoridad y legitimación

Este artículo se cuestiona sobre la posibilidad de fundamentación moral de las obligaciones políticas y de la legitimidad de la autoridad, dando una respuesta negativa. Así, se postula que no hay un deber moral de obediencia a la autoridad (política) a la vez que se propone, a partir de allí, una somera defensa del Estado de bienestar.