La mediación y el arbitraje de consumo: explorando sistemas de ODR

La utilización de ADR en el ámbito de las reclamaciones de consumo tiene un marco legal específico en España ¿y también en la UE? desde 1993, que deriva de sus características especiales. Algunas son de cuño exclusivamente jurídico: se trata de reclamaciones en las que el marco legal aplicable es el denominado derecho de consumo; otras poseen un soporte básicamente fáctico: suelen tener poca entidad económica, es decir, entran en la categoría de lo que denominamos small claims, y el hecho de que las reclamaciones ¿en algunos supuestos que van en aumento? sean transfronterizas condiciona la opción entre jurisdicción tradicional y ADR, como también tendremos ocasión de analizar. Hay que añadir a estos elementos jurídicos y fácticos un elemento importante de política legislativa en un ámbito de la UE; los ADR se entienden como un instrumento básico para garantizar el acceso de los consumidores a la justicia, pero al mismo tiempo, en el ámbito del comercio electrónico, son un elemento de gran trascendencia en la creación de la denominada e-confidence. Por este motivo, se exploran continuamente formas de ODR (On-line Dispute Resolution). Los ODR pretenden la mayor eficacia ofreciendo un soporte técnico capaz de solucionar una controversia con o sin la intervención de un tercero, y dentro o fuera de la organización del empresario. De este modo, se usa un mismo expediente técnico para poner en marcha sucesivamente más de un ADR, o se potencian los mecanismos automáticos que prescinden de los conceptos jurídicos y, en medio de la exploración constante, España apuesta por el arbitraje electrónico de consumo en el RD 236/2008. A estos temas vamos a referirnos a continuación

Forest Transition in Madagascar's Highlands: Initial Evidence and Implications

Madagascar is renowned for the loss of the forested habitat of lemurs and other species endemic to the island. Less well known is that in the highlands, a region often described as an environmental "basket-case" of fire-degraded, eroded grasslands, woody cover has been increasing for decades. Using information derived from publically available high- and medium-resolution satellites, this study characterizes tree cover dynamics in the highlands of Madagascar over the past two decades. Our results reveal heterogeneous patterns of increased tree cover on smallholder farms and village lands, spurred by a mix of endogenous and exogenous forces. The new trees play important roles in rural livelihoods, providing renewable supplies of firewood, charcoal, timber and other products and services, as well as defensible claims to land tenure in the context of a decline in the use of hillside commons for grazing. This study documents this nascent forest transition through Land Change Science techniques, and provides a prologue to political ecological analysis by setting these changes in their social and environmental context and interrogating the costs and benefits of the shift in rural livelihood strategies.

Forward Looking Banking Stress in EMU Countries

Based on contingent claims analysis, CCA, this paper tries to estimate the systemic risk build-up in the European Economic and Monetary Union, EMU countries using a market based measure distance-to-default, DtD. It analyzes the individual and aggregated series for a comprehensive set of banks in each eurozone country over the period 2004-Q4 to 2013-Q2. Given the structural differences in financial sector and banking regulations at national level, the indices provide a useful indicator for monitoring country specific banking vulnerability and stress. We find that average DtD indicators are intuitive, forward-looking and timely risk indicators. The underlying trend, fluctuations and correlations among indices help us analyze the interdependence while cross-sectional differences in DtD prior to crisis suggest banking sector fragility in peripheral EMU countries.

Adapting established instruments to build useful food sovereignty indicators

The recent context of global food emergency and ecological crisis has increased the relevance of people’s struggle for food sovereignty (FSv), which promotes the transformation of the dominant food system and claims ‘the right of peoples to healthy and culturally appropriate food produced through ecologically sound and sustainable methods, and their right to define their own food and agriculture systems’. Revisiting two Spanish and Catalan articles developing FSv indicators, this article aims at discussing the need and utility of developing FSv indicators at different territorial levels. Confronting these two territorial scales, the paper also identifies common steps that can facilitate other future processes of building FSv indicators. As a conclusion, the paper suggests that these processes of building indicators can contribute to providing political direction at different geographical scales for the implementation of the FSv proposal. At the same time, they favor the movement’s self-reflexivity in its practices while supporting the collective shaping of future actions

Prescription in the proposal for a common european sales law

The rules on prescription in Part VIII, Chapter 18, of the Proposal for a Common European Sales Law (CESL) follow the provisions of the Principles of European Contract Law (PECL) and the Draft Common Frame of Reference (DCFR), which, in general, have deserved favourable comments. Yet, a number of rules contained in those texts have been omitted. It is necessary to ascertain whether the CESL rules only apply to provisions on rights and claims resulting from sales or related services contracts, or whether they are also applicable to any other contractual right or claim and also to rights or claims of non-contractual origin. One of the most problematic issues concerns general prescription periods: firstly, because there are two general periods, a short one and a long one, without any specification about the claims or rights covered by each one of them; secondly, because neither period is suitable in case of non-conformity. There are also some interpretation problems due to missing, ambiguous or defective definitions. The systematic approach demands clarification too.

Individual Perception of Organizational Values

The objective of this master’s thesis was to examine how corporate values come true among the white-collar employees in the case organization. It was also studied if values were perceived similarly in the different departments. Impact of organizational position and education on value orientation was tested through hypotheses based on earlier values research. There are only few value scales available for measuring organizational values. The empirical study results indicate that personnel’s perception of organizational values can be measured statistically. When defining the scale it is utmost important to link the questions and claims close to the employees’ daily working environment. In this study, Work ethic appeared as the strongest organizational value reflecting respondents’ commitment to their duties. Related to corporate values, Performance was perceived as the strongest value and Emphasis on people the weakest. Value consensus between the departments varied. According to the previous research organizational position and educational level has an impact on value perceptions. In this study, employees in superior position or with higher education perceived organizational values to come true better than subordinates or employees with lower education. Empirical data (N=229) was collected by a web-based survey questionnaire among white-collar employees in the case organization in April 2008. Statistical analyses were performed by SPSS programme.

Features extraction based on the Discrete Hartley Transform for closed contour

In this paper the authors propose a new closed contour descriptor that could be seen as a Feature Extractor of closed contours based on the Discrete Hartley Transform (DHT), its main characteristic is that uses only half of the coefficients required by Elliptical Fourier Descriptors (EFD) to obtain a contour approximation with similar error measure. The proposed closed contour descriptor provides an excellent capability of information compression useful for a great number of AI applications. Moreover it can provide scale, position and rotation invariance, and last but not least it has the advantage that both the parameterization and the reconstructed shape from the compressed set can be computed very efficiently by the fast Discrete Hartley Transform (DHT) algorithm. This Feature Extractor could be useful when the application claims for reversible features and when the user needs and easy measure of the quality for a given level of compression, scalable from low to very high quality.

Rationing problems with payoff thresholds

An extension of the standard rationing model is introduced. Agents are not only identi fied by their respective claims over some amount of a scarce resource, but also by some payoff thresholds. These thresholds introduce exogenous differences among agents (full or partial priority, past allocations, past debts, ...) that may influence the final distribution. Within this framework we provide generalizations of the constrained equal awards rule and the constrained equal losses rule. We show that these generalized rules are dual from each other. We characterize the generalization of the equal awards rule by using the properties of consistency, path-independence and compensated exemption. Finally, we use the duality between rules to characterize the generalization of the equal losses solution.

Enjoying cooperative games: The R package GameTheory

This paper focuses on cooperative games with transferable utility. We propose the computation of two solutions, the Shapley value for n agents and the nucleolus with a maximum of four agents. The current approach is also focused on conflicting claims problems, a particular case of coalitional games. We provide the computation of the most well-known and used claims solutions: the proportional, the constrained equal awards, the constrained equal losses, the Talmud and the random arrival rules. Keywords: Cooperative game, Shapley value, nucleolus, claims problem, claims rule, bankruptcy.

The role of different factors related to social impact of heavy events: considerations about the intensity thresholds in densely populated areas

In the assessment of social impact caused by meteorological events, factors of different natures need to be considered. Not only does hazard itself determine the impact that a severe weather event has on society, but also other features related to vulnerability and exposure. The requests of data related to insurance claims received in meteorological services proved to be a good indicator of the social impact that a weather event causes, according to studies carried out by the Social Impact Research Group, created within the framework of the MEDEX project. Taking these requests as proxy data, diverse aspects connected to the impact of heavy rain events have been studied. The rainfall intensity, in conjunction with the population density, has established itself as one of the key factors in social impact studies. One of the conclusions we obtained is that various thresholds of rainfall should be applied for areas of varying populations. In this study, the role of rainfall intensity has been analysed for a highly populated urban area like Barcelona. A period without significant population changes has been selected for the study to minimise the effects linked to vulnerability and exposure modifications. First, correlations between rainfall recorded in different time intervals and requests were carried out. Afterwards, a method to include the intensity factor in the social impact index was suggested based on return periods given by intensity duration frequency (IDF) curves.

Determinants of the decision to appeal against motor bodily injury settlements awarded by Spanish trial courts

Automobile bodily injury disputes represent one of the main causes of litigation faced by Spanish Courts. In this paper a multinomial model is implemented to analyse which factors determine the decision to appeal against the verdicts of trial courts. Use of a dataset of motor insurance claims revealed differences between the determinants of a claimant’s decision to appeal and those of insurers. Among other results it is shown that discrepancies regarding the permanent disability sustained affect the insurer’s decision to appeal. In contrast, the claimant pays more attention to differences in the stated temporary disability. Conclusions are drawn regarding which factors could reduce the percentage of appealed cases.

Prediction of individual automobile RBNS claim reserves in the context of Solvency II

Automobile bodily injury (BI) claims remain unsettled for a long time after the accident. The estimation of an accurate reserve for Reported But Not Settled (RBNS) claims is therefore vital for insurers. In accordance with the recommendation included in the Solvency II project (CEIOPS, 2007) a statistical model is here implemented for RBNS reserve estimation. Lognormality on empirical compensation cost data is observed for different levels of BI severity. The individual claim provision is estimated by allocating the expected mean compensation for the predicted severity of the victim’s injury, for which the upper bound is also computed. The BI severity is predicted by means of a heteroscedastic multiple choice model, because empirical evidence has found that the variability in the latent severity of injured individuals travelling by car is not constant. It is shown that this methodology can improve the accuracy of RBNS reserve estimation at all stages, as compared to the subjective assessment that has traditionally been made by practitioners.

Los nuevos activos del árbitro de baloncesto: poder blando, empatía y comunicación. El caso del Comité catalán de Árbitros de Baloncesto

The basketball refereeing has undergone many changes in the last ten years. This article claims to combine some conceptual and methodological basis to define the meanings for the so called ‘modern refereeing’. Indeed, this research is concerned to the analysis of the new communication skills as an inseparable asset to the arbitration task, characterized by the dialogue, the administration of 'soft power', the emotional management and the adoption of a renewed and empathic attitude towards all the components of the game. Finally, this paper will propose the concretion of some specific communicative characteristics of the basketball refereeing in the XXI century.

20 Myr of eccentricity paced lacustrine cycles in the Cenozoic Ebro Basin

Long-period orbital forcing is a crucial component of the major global climate shifts during the Cenozoic as revealed in marine pelagic records. A complementary regional perspective of climate change can be assessed from internally drained lake basins, which are directly affected by insolation and precipitation balance. The Ebro Basin in northeastern Iberia embraces a 20 Myr long continuous sedimentary record where recurrent expansions and retractions of the central lacustrine system suggest periodic shifts of water balance due to orbital oscillations. In order to test climatic (orbital) forcing a key-piece of the basin, the Los Monegros lacustrine system, has been analyzed in detail. The cyclostratigraphic analysis points to orbital eccentricity as pacemaker of short to long-term lacustrine sequences, and reveals a correlation of maxima of the 100-kyr, 400-kyr and 2.4-Myr eccentricity cycles with periods of lake expansion. A magnetostratigraphy-based chronostratigraphy of the complete continental record allows further assessing long-period orbital forcing at basin scale, a view that challenges alternate scenarios where the stratigraphic architecture in foreland systems is preferably associated to tectonic processes. We conclude that while the location of lacustrine depocenters reacted to the long-term tectonic-driven accommodation changes, shorter wavelenght oscillations of lake environments, still million-year scale, claims for a dominance of orbital forcing. We suggest a decoupling between (tectonic) supply-driven clastic sequences fed from basin margins and (climatic) base level-driven lacustrine sequences in active settings with medium to large sediment transfer systems.

Determinação espectrofotométrica simultânea de paracetamol e ibuprofeno em formulações farmacêuticas usando calibração multivariada

A simple method was proposed for determination of paracetamol and ibuprofen in tablets, based on UV measurements and partial least squares. The procedure was performed at pH 10.5, in the concentration ranges 3.00-15.00 µg ml-1 (paracetamol) and 2.40-12.00 µg ml-1 (ibuprofen). The model was able to predict paracetamol and ibuprofen in synthetic mixtures with root mean squares errors of prediction of 0.12 and 0.17 µg ml-1, respectively. Figures of merit (sensitivity, limit of detection and precision) were also estimated. The results achieved for the determination of these drugs in pharmaceutical formulations were in agreement with label claims and verified by HPLC.