Responsiveness to change by standard-form contract drafters: A case study of the FIDIC White Book

Purpose – The purpose of this paper is to focus on the Fédération Internationale des Ingénieurs-Conseils (FIDIC) White Book standard form of building contract. It tracks the changes to this contract over its four editions, and seeks to identify their underlying causes. Design/methodology/approach – The changes made to the White Book are quantified using a specific type of quantitative content analysis. The amended clauses are then examined to understand the nature of the changes made. Findings – The length of the contract increased by 34 per cent between 1990 and 2006. A large proportion of the overall increase can be attributed to the clauses dealing with “conflict of interest/corruption” and “dispute resolution”. In both instances, the FIDIC drafting committees have responded to international developments to discourage corruption, and to encourage the use of alternative dispute resolution. Between 1998 and 2006, the average length of the sentences increased slightly, raising the question of whether long sentences are easily understood by users of contracts. Research limitations/implications – Quantification of text appears to be particularly useful for the analysis of documents which are regularly updated because changes can be clearly identified and the length of sentences can be determined, leading to conclusions about the readability of the text. However, caution is needed because changes of great relevance can be made to contract clauses without actually affecting their length. Practical implications – The paper will be instructive for contract drafters and informative for users of FIDIC's White Book. Originality/value – Quantifying text has been rarely used regarding standard-form contracts in the field of construction.

NOS3 gene polymorphisms are associated with risk markers of cardiovascular disease, and interact with omega-3 polyunsaturated fatty acids

Objective Omega-3 polyunsaturated fatty acids (n-3 PUFA) may protect against the development of cardiovascular disease (CVD). Genotype at key genes such as nitric oxide synthase (NOS3) may determine responsiveness to fatty acids. Gene–nutrient interactions may be important in modulating the development of CVD, particularly in high-risk individuals with the metabolic syndrome (MetS). Methods Biomarkers of CVD risk, plasma fatty acid composition, and NOS3 single nucleotide polymorphism (SNP) genotype (rs11771443, rs1800783, rs1800779, rs1799983, rs3918227, and rs743507) were determined in 450 individuals with the MetS from the LIPGENE dietary intervention cohort. The effect of dietary fat modification for 12 weeks on metabolic indices of the MetS was determined to understand potential NOS3 gene–nutrient interactions. Results Several markers of inflammation and dyslipidaemia were significantly different between the genotype groups. A significant gene–nutrient interaction was observed between the NOS3 rs1799983 SNP and plasma n-3 PUFA status on plasma triacylglycerol (TAG) concentrations. Minor allele carriers (AC + AA) showed an inverse association with significantly higher plasma TAG concentrations in those with low plasma n-3 PUFA status and vice versa but the major allele homozygotes (CC) did not. Following n-3 PUFA supplementation, plasma TAG concentrations of minor allele carriers of rs1799983 were considerably more responsive to changes in plasma n-3 PUFA, than major allele homozygotes. Conclusions Carriers of the minor allele at rs1799983 in NOS3 have plasma TAG concentrations which are more responsive to n-3 PUFA. This suggests that these individuals might show greater beneficial effects of n-3 PUFA consumption to reduce plasma TAG concentrations.

Perspectives on community representation within the Extractive Industries Transparency Initiative: experiences from south-east Madagascar

This article critically examines the nature and quality of governance in community representation and civil society engagement in the context of trans-national large-scale mining, drawing on experiences in the Anosy Region of south-east Madagascar. An exploration of functional relationships between government, mining business and civil society stakeholders reveals an equivocal legitimacy of certain civil society representatives, created by state manipulation, which contributes to community disempowerment. The appointment of local government officials, rather than election, creates a hierarchy of upward dependencies and a culture where the majority of officials express similar views and political alliances. As a consequence, community resistance is suppressed. Voluntary mechanisms such as Corporate Social Responsibility (CSR) and the Extractive Industries Transparency Initiative (EITI) advocate community stakeholder engagement in decision making processes as a measure to achieve public accountability. In many developing countries, where there is a lack of transparency and high levels of corruption, the value of this engagement, however, is debatable. Findings from this study indicate that the power relationships which exist between stakeholders in the highly lucrative mining industry override efforts to achieve "good governance" through voluntary community engagement. The continuing challenge lies in identifying where the responsibility sits in order to address this power struggle to achieve fair representation.

Diversity of strains of Salmonella enterica serotype Enteritidis from English poultry farms assessed by multiple genetic fingerprinting

Reliable and sufficiently discriminative methods are needed for differentiating individual strains of Salmonella enterica serotype Enteritidis beyond the phenotypic level; however, a consensus has not been reached as to which molecular method is best suited for this purpose. In addition, data are lacking on the molecular fingerprinting of serotype Enteritidis from poultry environments in the United Kingdom. This study evaluated the combined use of classical methods (phage typing) with three well-established molecular methods (ribotyping, macrorestriction analysis of genomic DNA, and plasmid profiling) in the assessment of diversity within 104 isolates of serotype Enteritidis from eight unaffiliated poultry farms in England. The most sensitive technique for identifying polymorphism was PstI-SphII ribotyping, distinguishing a total of 22 patterns, 10 of which were found among phage type 4 isolates. Pulsed-field gel electrophoresis of XhaI-digested genomic DNA segregated the isolates into only six types with minor differences between them. In addition, 14 plasmid profiles were found among this population. When all of the typing methods were combined, 54 types of strains were differentiated, and most of the poultry farms presented a variety of strains, which suggests that serotype Enteritidis organisms representing different genomic groups are circulating in England. In conclusion, geographical and animal origins of Salmonella serotype Enteritidis isolates may have a considerable influence on selecting the best typing strategy for individual programs, and a single method cannot be relied on for discriminating between strains.

Informing operational flood management with ensemble predictions: lessons from Sweden.

This paper highlights some communicative and institutional challenges to using ensemble prediction systems (EPS) in operational flood forecasting, warning, and civil protection. Focusing in particular on the Swedish experience, as part of the PREVIEW FP6 project, of applying EPS to operational flood forecasting, the paper draws on a wider set of site visits, interviews, and participant observation with flood forecasting centres and civil protection authorities (CPAs) in Sweden and 15 other European states to reflect on the comparative success of Sweden in enabling CPAs to make operational use of EPS for flood risk management. From that experience, the paper identifies four broader lessons for other countries interested in developing the operational capacity to make, communicate, and use EPS for flood forecasting and civil protection. We conclude that effective training and clear communication of EPS, while clearly necessary, are by no means sufficient to ensure effective use of EPS. Attention must also be given to overcoming the institutional obstacles to their use and to identifying operational choices for which EPS is seen to add value rather than uncertainty to operational decision making by CPAs.

Senna alata leaves are a good source of propelargonidins

Proanthocyanidins (PA) in Senna alata leaves were investigated by thiolysis with benzyl mercaptan, LC–MS and NMR and consisted of almost pure propelargonidins with <6% procyanidins, had B-type linkages and a mean degree of polymerisation of three. Epiafzelechin was the major flavan-3-ol subunit (>94%) and epicatechin a minor constituent (6.4%) in residual PA and mainly detected as an extension unit.

Unraveling an antique subduction process from metamorphic basement around Medellin city, Central Cordillera of Colombian Andes

In the surroundings of Caldas and El Retiro cities (Colombia) metamorphic rocks derived from basic and pelitic protoliths comprise the Caldas amphibole schist and the Ancon schist respectively. Subordinated metamorphosed granite bodies (La Miel gneiss) are associated to these units, and The El Retiro amphibolites, migmatites and granulites crops out eastwards of these units, separated by shear zones. The Caldas amphibole schist and the Ancon schist protoliths could have been formed in a distal marine reduced environment and amalgamated to the South American continent in an apparent Triassic subduction event. The El Retiro rocks are akin to a continental basement and possible include impure metasediments of continental margin, whose metamorphism originated granulite facies rocks and migmatites as a result of the anatexis of quartz-feldspathic rocks. The metamorphism was accompanied by intense deformation, which has juxtaposed both migmatites and granulite blocks. Afterward, heat and fluid circulation associated with the emplacement of minor igneous intrusions resulted in intense fluid-rock interaction, variations in the grain size of the minerals and, especially, intense retrograde metamorphic re-equilibrium. Thermobarometric estimations for the Caldas amphibole schist indicate metamorphism in the Barrovian amphibolite fades. The metamorphic path is counter-clockwise, but retrograde evolution could not be precisely defined. The pressures of the metamorphism in these rocks range from 6.3 to 13.5 kbar, with narrow temperature ranging from 550 to 630 degrees C. For the Ancon schist metapelites the P-T path is also counter-clockwise, with a temperature increase evidenced by the occurrence of sillimanite and the cooling by later kyanite. The progressive metamorphism event occurred at pressures of 7.6-7.2 kbar and temperatures of 645-635 degrees C for one sample and temperature between 500 and 600 degrees C under constant pressure of 6 kbar. The temperature estimated for these rocks varies between 400 and 555 degrees C at pressures of 5-6 kbar in the retrograde metamorphic path. The El Retiro rocks evidence strong decompression with narrow variation in temperature, showing pressure values between 8.7 and 2.7 kbar at temperatures of 740-633 degrees C. These metamorphic fragments of the basement in the Central Cordillera of the Colombian Andes could represent a close relationship with an antique subduction zone. (C) 2011 Elsevier Ltd. All rights reserved.

Rekrytering av kreatörer och portfolions betydelse : En enkätundersökning med femtio svenska kommunikationsbyråer

Inom kommunikationsbranschen råder det hög konkurrens om arbeten för både nyutexaminerade arbetssökande och de med erfarenhet. En viktig del i ansök-ningshandlingarna är en portfolio som visuellt visar personens kompetens och talang.Denna kvantitativa studie har genom en webbenkät med 50 byråer inom kom-munikationsbranschen undersökt hur de rekryterar ny personal samt deras per-spektiv kring portfolion i samband med detta. Studien har även syftat till att belysa skillnader i svaren beroende på byråernas storlek.Resultaten från enkäten visade att den vanligaste kanalen vid anställning inom kommunikationsbranschen är via personliga kontakter och att det är portfolions kvalité som väger tyngst vid anställning. Vid ansökan föredrog byråerna en digital portfolio men vid en arbetsintervju såg de helst en kombination av en fysisk och digital portfolio. Mindre skillnader fanns i svaren beroende på byrå-storleken.

Att prata ihop sig i rätten

Negotiating experience in the court How do judges assess witness credibility, and how do they proceed to reach sustainable conclusions in a criminal court? This article is based on discussions in four focus groups with lay judges in Swedish district courts. In criminal court trials, a version of an event is generally reinforced if it is confirmed by witnesses. However, if their narratives are too similar, none of them is found trustworthy. The focus group participants agreed that if witnesses were suspected of having discussed their individual experiences of an event and accommodated them into a common story, their testimonies were not considered credible. While testimonies should ideally be untainted by other people’s impressions and opinions, other rules govern the truth of the court. The lay judges appreciated their deliberations, including negotiations on impressions and memories of the trial, and they sometimes adjusted their perceptions in the light of information provided by other members of the court. However, if the lay judges are viewed as witnesses of what takes place in the trial, this gives rise to a paradox: While witness negotiations on experiences are regarded as a means to construct a false or biased story, the same kind of interaction between the judges is considered necessary to establish a consensual truth of what actually happened.

Transparência, a resposta institucional à pressão social: o caso do Tribunal de Contas do Estado do Rio de Janeiro

The present work aims to identify emerging organizational changes in the Court of Accounts of the State of Rio de Janeiro - TCE/RJ that are happening in the contemporary scenery known as the Age of Information. The search for the comprehension of the institutional dynamics is oriented by concepts originated from the theory of complexity, which believe that the public services external control system can be understood in a political, technical and legal environment with growing levels of learning and innovation. While chasing the possible causes of these changes, we try to prove the hypothesis that the TCE/RJ is turning into a more transparent organization. For this purpose, we define the outlines and reaches of the principle of transparency, based in bibliographical and documental researches, and analyze the phenomenon perceived in a explanation research through semi-structured interviews performed with two groups: a sample representing the universe under jurisdiction entities top level directors and the other obtained in the universe of formal and informal leaderships existing in the educational body of the institution. The conclusion of the present work confirms the initial questions, indicating that the organization is really becoming more and more transparent. The social-technical changes that are happening today at the TCE/RJ are caused by the growing social pressure for more effective results in the control of public expenditures. Under the systemic point of view, we observe cracks in the protective bell-glass that evolves the institution - previously hermetic to the external contingencies and that works today as a SAC - Adaptive Complex System. Aspects such as organization structural changes, the introduction of strategic planning and the growing democratization of the decision process are producing a new organizational culture. The seniority of the Technical Headcount contributes to establish the pre-conditions for the development of a administration where the participation of the TCE/RJ technical employees adds importance to its development as an institution that generates republican effects in the society from its less hermetic decision process.

A Defesa Judicial do Estado Brasileiro nas Varas Federais

There is no information whatsoever of a society in which there are no demands among private people and companies, among individuals and institutions, varying only the tenor and the intensity of the issues. It would be ideal if conflicts could be solved in common aggreement. The selfcomposition, yet, does not often occurr; leaving the remaining issues for a third part, i.e., the State. Up to the English and French Revolutions, political power was exercised by limitless governors and the State did not submit to the law. After those revolutions, rules are agregated to curb Absolutism and organize the State, which starts to acccomplish its duties under the law, i.e., a Law State. As a result, today, the individual can sue the State to make the State perform or not any undesirable action. In this dissertation, one traces back from the very beginning the role of the institutions in charge of defending the State in courts of law. The judicial defense of the Brazilian State in a court of law, since 1608 to the 1988 Constitution, was a role of the Public Ministry, along with other institutional functions, including prosecution. As a consequence of this ambivalence, the results of the State defense came even to be contradictory. The promulgation of the 1988 Federal Constitution adjusted this historical dualism. The 1988 Constituent embodied significant change to the concept and operationalization of a State Advocacy, confering to a new institution , which was called 'Advocacia Geral da União' or 'General Advocacy of the Union' (article 131), the judicial and extrajudicial representation of the Union. The final object of the reflections of this study is centred on the analysis of the activities of the 'General Advocacy of the Union', in its first years of functioning, in other words, from 1993 to 1999

Analysis of the restructuring of the Russian defence industry (by the example of aviation industry and knaapo) and the creation of United Aviation Construction Corporation

The present study is focused on the analysis of the three main governmental measures occurred in 2000-2006 in Russian defense industry: the creation of the holding structures, the establishing of the state monopoly in arms export, and creation of the United Aviation Construction Corporation (Ob¿edinennaya Aviastroitel¿naya Corporatziya), which was initiated by the President and Government of Russian Federation in 2006. The last project assumes the consolidation and joining of all producers of civil and military aviation into one united corporation in order to save the technological and productive potential of the sector after serious crisis in 1990-s. On the other hand, this project can be considered as one of the measures to establish state control and hierarchy in the defense industry. The current project tries to analyze the necessity and the possible impacts of restructuring processes. In order to perform such analysis, I need to observe the evolution of the sector, which involves the description of the restructuring and reforming of the industry since the disintegration of the Soviet Union. The current situation in aviation sector was shaped by number of reforms performed by Government of Russian Federation, which I describe in phases: conversion, privatization, decentralization, followed by evident desire of the state to establish control over some companies. Later on, I am trying to understand the reasons lying behind all reforms of 2000-2006 and the integration of the industry. I also try to predict which impacts on the companies it will have. The last part presents the main conclusions of the paper.

O trabalho policial: estudo da Polícia Cívil do Estado do Rio Grande do Sul

A tese apresenta um estudo do trabalho policial, tendo por referência empírica a Polícia Civil do Estado do Rio Grande do Sul. O trabalho policial é analisado a partir das relações sociais no campo de poder jurídico, que engloba, além da Polícia Civil, a Polícia Militar, o Ministério Público e o Poder Judiciário. Apresenta-se e analisa-se o processo de mudança quanto aos métodos de recrutamento e de formação dos novos policiais. Apresenta-se também uma análise das mudanças ocorridas no perfil sócio-demográfico dos policiais civis ao longo do período entre 1970 e 2004. Detalham-se as atividades desenvolvidas nas delegacias de polícia, apresentando os seguintes setores: o plantão, a investigação, o cartório e a secretaria. Discutem-se as formas através das quais, no desempenho das atividades policiais, ocorrem lutas pela classificação e pelo reconhecimento, que constituem múltiplas oposições, tais como entre "operacional" e "burocrata" e agente e delegado, entre outras. A abordagem das conexões entre trabalho policial e relações de gênero se faz presente ao longo do desenvolvimento da análise Considera-se que no estudo do trabalho policial civil, as questões de gênero remetem às representações e práticas de violência policial. Em outros termos, argumenta-se acerca da importância das relações de gênero na análise do trabalho policial, especialmente no que diz respeito às concepções de masculinidade, constitutivas classicamente da cultura policial, e às novas formas de expressão dessas relações sociais a partir da crescente presença feminina nos quadros da Polícia Civil do Estado do Rio Grande do Sul. A tese propicia a reflexão sobre as formas que assumem, hoje, as carreiras na Polícia Civil do Rio Grande do Sul, apontando avanços, embora em ritmo que inclui tempos de parada e espera, em direção ao uso de critérios públicos abrangentes na condução de seu agir.

Affirmative action and interracial friendships

In two recent cases involving the University of Michigan, the Supreme Court examined whether race should be allowed to play an explicit role in the admission decisions of schools. The primary argument in these court cases and others has been that racial diversity strengthens the quality of education ofered to all students. Underlying this argument is the notion that educational benefits arise if interactions between students of different races improve preparation for life after college by, among other things, fostering mutual understanding and correcting misperceptions. A comprehensive study of this issue would ideally examine two conditions: first, whether students actually have incorrect perceptions about their friendship compatibility with students of other races at the time of college entrance; second, if misperceptions exist, whether diversity on campus is effective in changing students' beliefs about individuals of different races. In this paper we provide, to the best of our knowledge, the first direct evidence about both conditions by taking advantage of unique new data that was collected specifically for this purpose.

Concorrência no Mercosul: para além do Protocolo de Fortaleza

We address specific problems to be considered once the Protocolo de Fortaleza becomes a fully recognised agreement. Elimination of anti-dumping measures a la WTO, services competition and the interrelationship between the regulatory agencies and the competition offices, issues regarding the concept of relevant market and, in a broader view, harmonisation of rules, criteria, institutions and regional competitive environments, are discussed. The European experience, if properly adapted, can be of value. In this context, two important principles are singled-out: acknowledgement of an acquis Mercosul – which allows a realistic and constructive perspective when facing the integration challenges, and the wise use of subsidiarity, for faster developments with lighter central institutions. Dispute settlement, in the competition framework, is not tackled, though – in this case – we are favourable to the creation of a supranational organism. All these points do not naturally encompass everything required for the full implementation of a competition policy in Mercosul.