915 resultados para War and emergency legislation


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This article investigates the ethics of intervention and explores the decision to invade Iraq. It begins by arguing that while positive international law provides an important framework for understanding and debating the legitimacy of war, it does not cover the full spectrum of moral reasoning on issues of war and peace. To that end, after briefly discussing the two primary legal justifications for war (implied UN authorization and pre-emptive self-defence), and finding them wanting, it asks whether there is a moral 'humanitarian exceptions to this rule grounded in the 'just war' tradition. The article argues that two aspects of the broad tradition could be used to make a humanitarian case for war: the 'holy war' tradition and classical just war thinking based on natural law. The former it finds problematic, while the latter it argues provides a moral space to justify the use of force to halt gross breaches of natural law. Although such an approach may provide a moral justification for war, it also opens the door to abuse. It was this very problem that legal positivism from Vattel onwards was designed to address. As a result, the article argues that natural law and legal positivist arguments should be understood as complementary sets of ideas whose sometimes competing claims must be balanced in relation to particular cases. Therefore, although natural law may open a space for justifying the invasion of Iraq on humanitarian terms, legal positivism strictly limits that right. Ignoring this latter fact, as happened in the Iraq case, opens the door to abuse.

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Objective: To assess the value of cusum analysis in hospital bed management. Design: Comparative analysis of medical patient flows, bed occupancy, and emergency department admission rates and access block over 2 years. Setting: Internal Medicine Services and Emergency Department in a teaching hospital. Interventions: Improvements in bed use and changes in the level of available beds. Main outcome measures: Average length of stay; percentage occupancy of available beds; number of patients waiting more than 8 hours for admission (access block); number of medical patients occupying beds in non-medical wards; and number of elective surgical admissions. Results: Cusum analysis provided a simple means of revealing important trends in patient flows that were not obvious in conventional time-series data. This prompted improvements in bed use that resulted in a decrease of 9500 occupied bed-days over a year. Unfortunately and unexpectedly, after some initial improvement, the levels of access block, medical ward congestion and elective surgical admissions all then deteriorated significantly. This was probably caused by excessive bed closures in response to the initial improvement in bed use. Conclusion: Cusum analysis is a useful technique for the early detection of significant changes in patient flows and bed use, and in determining the appropriate number of beds required for a given rate of patient flow.

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Background: In early 2001 Australia experienced a sudden and unexpected disruption to heroin availability, know as the 'heroin shortage'. This 'shortage has been linked to a decrease in needle and syringe output and therefore possibly a reduction in injecting drug use. We aimed to examine changes, if any, in blood-borne viral infections and presentations for injecting related problems related to injecting drug use following the reduction heroin availability in Australia, in the context of widespread harm reduction measures. Methods: Time series analysis of State level databases on HIV, hepatitis B, hepatitis C notifications and hospital and emergency department data. Examination of changes in HIV, hepatitis B, hepatitis C notifications and hospital and emergency department admissions for injection-related problems following the onset of the heroin shortage; non-parametric curve-fitting of number of hepatitis C notifications among those aged 15 - 19 years. Results: There were no changes observed in hospital visits for injection-related problems. There was no change related to the onset heroin shortage in the number of hepatitis C notifications among persons aged 15 - 19 years, but HCV notifications have subsequently decreased in this group. No change occurred in HIV and hepatitis B notifications. Conclusion: A marked reduction in heroin supply resulted in no increase in injection-related harm at the community level. However, a delayed decrease in HCV notifications among young people may be related. These changes occurred in a setting with widespread, publicly funded harm reduction initiatives.

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Objective: To examine the impact of a sudden and dramatic decrease in heroin availability, concomitant with increases in price and decreases in purity, on fatal and non-fatal drug overdoses in New South Wales, Australia. Design and setting: Time-series analysis was conducted where possible on data on overdoses collected from NSW hospital emergency departments, the NSW Ambulance Service, and all suspected drug-related deaths referred to the NSW Coroner's court. Main outcome measures: The number of suspected drug-related deaths where heroin and other drugs were mentioned; ambulance calls to suspected opioid overdoses; and emergency department admissions for overdoses on heroin and other drugs. Results: Both fatal and non-fatal heroin overdoses decreased significantly after heroin supply reduced; the reductions were greater among younger age groups than older age groups. There were no clear increases in non-fatal overdoses with cocaine, methamphetamines or benzodiazepines recorded at hospital emergency departments after the reduction in heroin supply. Data on drug-related deaths suggested that heroin use was the predominant driver of drug-related deaths in NSW, and that when heroin supply was reduced overdose deaths were more likely to involve a wider combination of drugs. Conclusion: A reduction in heroin supply reduced heroin-related deaths, and did not result in a concomitant increase, to the same degree, in deaths relating to other drugs. Younger people were more affected by the reduction in supply.

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For a middle power with a relatively short history of framing a self determined foreign policy, Australia has actively sought to engage with both its immediate region and the wider world. Elite agreement on this external orientation, however, has by no means entailed consensus on what this orientation might involve in terms of policy. Consequently, two, often conflicting, traditions and their associated myths have informed Australian foreign policy-making. The most enduring tradition shaping foreign policy views Australia as a somewhat isolated bastion of Western civilisation. In this mode Australia's myth is pragmatic, but uncertain and sees Asia as both an opportunity and a potential threat which requires the support and counsel of culturally similar external powers engaged in the region to ensure stability. Against this, an alternative and historically later tradition crafted a foreign policy that advanced Australian independence through engagement with a seemingly monolithic and increasingly prosperous Asia. This paper explores the evolution and limitations of these foreign policy traditions and the myths that sustain them. It further considers what features of these traditions continue to have resonance in a region that has become more fluid and heterogeneous than it was during the Cold War and which requires a foreign policy flexibility that can address this complex and strategically uncertain environment.

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This book provides the first comprehensive analysis of metaphors used by Hugo Chávez in his efforts to construct and legitimize his Bolivarian Revolution. It focuses on metaphors drawn from three of his most frequent target domains: the nation, his revolution, and the opposition. The author argues that behind an official discourse of inclusion, Chávez's choice of metaphors contributes to the construction of a polarizing discourse of exclusion in which his political opponents are represented as enemies of the nation. Chávez constructs this polarizing discourse of exclusion by combining metaphors that conceptualize: (a) the nation as a person who has been resurrected by his government, as a person ready to fight for his revolution, or as Chávez himself; (b) the revolution as war; and (c) members of the opposition as war combatants or criminals. At the same time, by making explicit references in his discourse about the revolution as the continuation of Simón Bolívar's wars of independence, Chávez contributes to represent opponents as enemies of the nation, given that in the Venezuelan collective imaginary Bolívar is the symbol of the nation's emancipation.

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This research is concerned with the relationship between business strategy and the environment within traditional sectors. It has sought to learn more about the strategic environmental attitudes of SMEs compared with large companies operating under the same market conditions. The sector studied is the ceramics industry (including tableware & ornamental-ware, sanitary ware & tiles, bricks, industrial & advanced ceramics and refractories) in the UK and France. Unlike the automotive, oil, chemical, steel or metal processing sectors, this industry is one of the few industrial sectors which has rarely been considered. The information on this sector was gathered by interviewing people responsible for environmental issues. The actual programme of valid interviews represents approximately a quarter of the UK and French ceramics industry which is large enough to enable a quantitative analysis and significant and non-biased conclusions. As a whole, all companies surveyed agreed that the ceramics activity impacts on the environment, and that they are increasingly affected both by environmental legislation, and by various non-legislative pressures. Approaches to the environmental agenda differ significantly among large and small companies. Smaller companies feel particularly pressed both by the financial costs and management time required to meet complex and changing legislation. The results of this survey also suggest that the ceramics industry sees environmental issues in terms of increased costs rather than new business opportunities. This is due principally to fears of import substitution from countries with lower environmental standards. Finally, replies indicate that generally there is a low level of awareness of the current legislative framework, suggesting a need to shift from a regulatory approach to a more self-regulated approach which encourages companies to be more proactive

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This study seeks to demonstrate how critical discourse analysis can elucidate the relationship between language and peace. It provides a view on the notion of peace put forward by peace researchers, namely that peace includes not only the absence of war or physical violence, but also the absence of structural violence. Approaching the topic from various perspectives, the volume argues that language is a factor to be considered together with social and economic factors in any examination of the social conditions and institutions that prevent the achievement of a comprehensive peace. It illustrates a framework of concepts and methodologies that offer to help guide future linguistic research in this area, and also calls for foreign language, second language and peace educators to include critical linguistic education into their curricula and describes an approach for doing so.

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This thesis examines relations between the French Confederation Generale du Travail (CGT) and the labour movements of other countries in the years leading up to the First World War. The aim of the study is to examine the CGT's policy of internationalism in practice, both in relations with other labour movements and in its membership of the International Secretariat of National Trade Union Centres (between 1900 and 1914). In particular, the relationship between the French and German labour movements is explored in the light of the events of August 1914. This study shows that the relationship was a reflection of the respective positions of the French and German labour movements in the international movement. It also subjects to close scrutiny the assumption, widely made before 1914, that workers had more in common with each other than with the ruling classes of their own country, by analysing the extent of, and the reasons for internationalism and international cooperation in the labour movement. As a study of the International Secretariat of National Trade Union Centres, an organisation about which very little has previously been written, this thesis complements existing work on the international labour movement prior to 1914. It also provides new insights into the French CGT by concentrating on the fundamental areas of internationalism and opposition to war, and offers fresh contributions to the continuing debate on the international labour movement and its response to the outbreak of war.

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Structural change brought about by the end of the Cold War and accelerated globalisation have transformed the global environment. A global governance complex is emerging, characterised by an ever-greater functional and regulatory role for multilateral organisations such as the United Nations (UN) and its associated agencies. The evolving global governance framework has created opportunities for regional organisations to participate as actors within the UN (and other multilateral institutions). This article compares the European Union (EU) and Association of Southeast Asian Nations (ASEAN) as actors within the UN network. It begins by extrapolating framework conditions for the emergence of EU and ASEAN actorness from the literature. The core argument of this article is that EU and ASEAN actorness is evolving in two succinct stages: Changes in the global environment create opportunities for the participation of regional organisations in global governance institutions, exposing representation and cohesion problems at the regional level. In response, ASEAN and the EU have initiated processes of institutional adaptation.

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This dissertation examines Hugo Chávez's choice of metaphors in his efforts to construct and legitimize his Bolivarian Revolution. It focuses on metaphors drawn from three of the most frequent target domains present in his discourse: the nation, his revolution, and the opposition. The study argues that behind an official discourse of inclusion, Chávez's choice of metaphors contributes to the construction of a polarizing discourse of exclusion in which his political opponents are represented as enemies of the nation.The study shows that Chávez constructs this polarizing discourse of exclusion by combining metaphors that conceptualize: (a) the nation as a person who has been resurrected by his government, as a person ready to fight for his revolution, or as Chávez himself; (b) the revolution as war; and (c) members of the opposition as war combatants or criminals. At the same time, the study shows that by making explicit references in his discourse about the revolution as the continuation of Bolívar's wars of independence, Chávez contributes to represent opponents as enemies of the nation, given that in the Venezuelan collective imaginary Simón Bolívar is the symbol of the nation's emancipation.This research, which covers a period of nine years (from Chávez's first year in office in 1999 through 2007), is part of the discipline of Political Discourse Analysis (PDA). It is anchored both in the theoretical framework provided by the cognitive linguistic metaphor theory developed by George Lakoff and Mark Johnson described in their book Metaphors We Live By, and in Critical Metaphor Analysis (CMA) as defined by Jonathan Charteris-Black in his book Corpus Approaches to Critical Metaphor Analysis.The study provides the first comprehensive analysis of metaphors used by Chávez in his political discourse. It builds upon the findings of previous studies on political discourse analysis in Venezuela by showing that Chávez's discourse not only polarizes the country and represents opponents as detractors of national symbols such as Bolívar or his wars of independence (which have been clearly established in previous studies), but also represents political opponents as enemies of the nation.

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Given evidence of effects of mobile phone use on driving, and also legislation, many careful drivers refrain from answering their phones when driving. However, the distracting influence of a call on driving, even in the context of not answering, has not been examined. Furthermore, given that not answering may be contrary to an individual’s normal habits, this study examined whether distraction caused by the ignored call varies according to normal intention to answer whilst driving. That is, determining whether the effect is more than a simple matter of noise distraction. Participants were 27 young drivers (18-29 years), all regular mobile users. A Theory of Planned Behaviour questionnaire examined predictors of intention to refrain from answering calls whilst driving. Participants provided their mobile phone number and were instructed not to answer their phone if it were to ring during a driving simulation. The simulation scenario had seven hazards (e.g. car pulling out, pedestrian crossing) with three being immediately preceded by a call. Infractions (e.g. pedestrian collisions, vehicle collisions, speed exceedances) were significantly greater when distracted by call tones than with no distraction. Lower intention to ignore calls whilst driving correlated with a larger effect of distraction, as was feeling unable to control whether one answered whilst driving (Perceived Behavioural Control). The study suggests that even an ignored call can cause significantly increased infractions in simulator driving, with pedestrian collisions and speed exceedances being striking examples. Results are discussed in relation to cognitive demands of inhibiting normal behaviour and to drivers being advised to switch phones off whilst driving.

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The purpose of the present study is to make a comparative evaluation of the legislative controls on unfairness in the context of B2B, B2C and small businesses contracts in England and Brazil. This work will focus on the examination of statutes and relevant case law which regulate exemption clauses and terms on the basis of their ‘unfairness’. The approach adopted by legislation and courts towards the above controls may vary according to the type of contract. Business contracts are more in line with the classical model of contract law according to which parties are presumably equals and able to negotiate terms. As a consequence interventions should be avoided for the sake of freedom of contract even if harmful terms were included. Such assumption of equality however is not applicable to small businesses contracts because SMEs are often in a disadvantageous position in relation to their larger counterparties. Consumer contracts in their turn are more closely regulated by the English and Brazilian legal systems which recognised that vulnerable parties are more exposed to unfair terms imposed by the stronger party as a result of the inequality of bargaining power. For this reason those jurisdictions adopted a more interventionist approach to provide special protection to consumers which is in line with the modern law of contract. The contribution of this work therefore consists of comparing how the law of England and Brazil tackles the problem of ‘unfairness’ in the above types of contracts. This study will examine the differences and similarities between rules and concepts of both jurisdictions with references to the law of their respective regional trade agreements (EU and the Mercosul). Moreover it will identify existing issues in the English and Brazilian legislation and recommend lessons that one system can learn from the other.

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The growing use of a variety of information systems in crisis management both by non-governmental organizations (NGOs) and emergency management agencies makes the challenges of information sharing and interoperability increasingly important. The use of semantic web technologies is a growing area and is a technology stack specifically suited to these challenges. This paper presents a review of ontologies, vocabularies and taxonomies that are useful in crisis management systems. We identify the different subject areas relevant to crisis management based on a review of the literature. The different ontologies and vocabularies available are analysed in terms of their coverage, design and usability. We also consider the use cases for which they were designed and the degree to which they follow a variety of standards. While providing comprehensive ontologies for the crisis domain is not feasible or desirable there is considerable scope to develop ontologies for the subject areas not currently covered and for the purposes of interoperability.

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Over the past two years there have been several large-scale disasters (Haitian earthquake, Australian floods, UK riots, and the Japanese earthquake) that have seen wide use of social media for disaster response, often in innovative ways. This paper provides an analysis of the ways in which social media has been used in public-to-public communication and public-to-government organisation communication. It discusses four ways in which disaster response has been changed by social media: 1. Social media appears to be displacing the traditional media as a means of communication with the public during a crisis. In particular social media influences the way traditional media communication is received and distributed. 2. We propose that user-generated content may provide a new source of information for emergency management agencies during a disaster, but there is uncertainty with regards to the reliability and usefulness of this information. 3. There are also indications that social media provides a means for the public to self-organise in ways that were not previously possible. However, the type and usefulness of self-organisation sometimes works against efforts to mitigate the outcome of the disaster. 4. Social media seems to influence information flow during a disaster. In the past most information flowed in a single direction from government organisation to public, but social media negates this model. The public can diffuse information with ease, but also expect interaction with Government Organisations rather than a simple one-way information flow. These changes have implications for the way government organisations communicate with the public during a disaster. The predominant model for explaining this form of communication, the Crisis and Emergency Risk Communication (CERC), was developed in 2005 before social media achieved widespread popularity. We will present a modified form of the CERC model that integrates social media into the disaster communication cycle, and addresses the ways in which social media has changed communication between the public and government organisations during disasters.