Proximity-Sensitive Individual Deprivation Measures

We propose and characterize a generalization of the classical linear index of individual deprivation based on income shortfalls. Unlike the original measure, our class allows for increases in the income of a higher-income individual to have a stronger impact on a person’s deprivation the closer they occur to the income of the individual whose deprivation is being assessed. The subclass of our measures with this property is axiomatized in our second result.

Indigenous knowledges and power in friction with human rights and development discourses : the case of the Witoto Ethnic Safeguarding Plan in the Colombian Amazon

Cette thèse analyse les négociations interculturelles des Gens du Centre (groupe amazonien multi-ethnique) avec les discours universels de droits humains et de développement mobilisés par l’État colombien. L’analyse se concentre sur le Plan de sauvegarde ethnique Witoto chapitre Leticia (ESP), qui est un des 73 plans formulés et implémentés par l’État colombien pour reconnaître les droits des peuples autochtones en danger par le déplacement forcé causé par les conflits armés internes. J’analyse l’ESP à travers la notion de friction (Tsing, 2005) qui fait référence aux caractéristiques complexes, inégalitaires et changeantes des rencontres contemporaines entre les différences des savoirs locaux et globaux. Mon analyse se base aussi sur des approches foucaldiennes et/ou subalternes de pouvoir comme la recherche anticoloniale et de la décolonisation, les perspectives critiques et contre-hégémoniques des droits humains, le post-développement, et les critiques du féminisme au développement. L’objectif de la thèse est d’analyser les savoirs (concepts de loi, de justice et de développement); les logiques de pensée (pratiques, épistémologies, rôles et espaces pour partager et produire des savoirs); et les relations de pouvoir (formes de leadership, associations, réseaux, et formes d’empowerment et disempowerment) produits et recréés par les Gens du Centre au sein des frictions avec les discours de droits humains et du développement. La thèse introduit comment la région habitée par les Gens du Centre (le Milieu Amazone transfrontalier) a été historiquement connectée aux relations inégalitaires de pouvoir qui influencent les luttes actuelles de ce groupe autochtone pour la reconnaissance de leurs droits à travers l’ESP. L’analyse se base à la fois sur une recherche documentaire et sur deux terrains ethnographiques, réalisés selon une perspective critique et autoréflexive. Ma réflexion méthodologique explore comment la position des chercheurs sur le terrain influence le savoir ethnographique et peut contribuer à la création des relations interculturelles inclusives, flexibles et connectées aux besoins des groupes locaux. La section analytique se concentre sur comment le pouvoir circule simultanément à travers des échelles nationale, régionale et locale dans l’ESP. J’y analyse comment ces formes de pouvoir produisent des sujets individuels et collectifs et s’articulent à des savoirs globaux ou locaux pour donner lieu à de nouvelles formes d’exclusion ou d’émancipation des autochtones déplacés. Les résultats de la recherche suggèrent que les Gens du Centre approchent le discours des droits humains à travers leurs savoirs autochtones sur la « loi de l’origine ». Cette loi établit leur différence culturelle comme étant à la base du processus de reconnaissance de leurs droits comme peuple déplacé. D’ailleurs, les Gens du Centre approprient les discours et les projets de développement à travers la notion d’abondance qui, comprise comme une habileté collective qui connecte la spiritualité, les valeurs culturelles, et les rôles de genre, contribue à assurer l’existence physique et culturelle des groupes autochtones. Ma thèse soutient que, même si ces savoirs et logiques de pensée autochtones sont liés à des inégalités et à formes de pouvoir local, ils peuvent contribuer à des pratiques de droits humains et de développement plurielles, égalitaires et inclusives.

Human Rights Violations in Police Custody

Human rights are the basic rights of every individual against the state or any other public authority as a member of the human family irrespective of any other consideration. Thus every individual of the society has the inherent right to be treated with dignity in all situations including arrest and keeping in custody by the police. Rights of an individual in police custody are protected basically by the Indian Constitution and by various other laws like Code of Criminal Procedure, Evidence Act, Indian Penal Code and Protection of Human Rights Act. The term `custody' is defined neither in procedural nor in substantive laws. The word custody means protective care. The expression `police custody' as used in sec. 27 of Evidence Act does not necessarily mean formal arrest. In India with special reference to Kerala and evolution and development of the concept of human rights and various kinds of human rights violations in police custody in different stages of history. Human rights activists and various voluntary organisations reveals that there are so many factors contributing towards the causes of violations of human rights by police. Sociological causes like ambivalent outlook of the society with respect to the use of third degree methods by the police, economic causes like meager salary and inadequate living conditions, rampant corruption in police service, unnecessary political interference in the crime investigation, work load of police personnel without any time limit and periodic holidays, unnecessary pressure from superior police officers and the general public for speedy detection causing great mental strain to the investigating officers, defective system of recruitment and training, imperfect system of investigation and lack of public co-operation are some of the factors identified in the field survey towards the causes of violations of human rights in police custody.

Pertormer’s Rights in India

The overall focus of the thesis involves the performer's rights in india -A study with special reference to the audiovisual industry.The performer is the disseminator of works of literary, dramatic artistic and musical authorship .The challenge of studying the audiovisual industry is the low level of data documentation and transparency in transactions compounded by the low awareness of legal issues. The first five chapters of the study trace the evolution of performers’ rights with particular impetus on three diverse jurisdictions both at the judicial and statutory levels as well as from the collective bargaining platform.The study also seeks to pin point the major obstacles that the performers have had to encounter in their quest for equal rights under the umbrella of intellectual property the world over.the status of the performer through the international instruments - the Rome convention, the WPPT and the envisaged Protocol to the audiovisual performance.A grant of rights to the performer either under Copyright or labor law need not improve matters for the performer unless the institutional grievance redressal is firmly put in place.There is a need for clearer delineation between the definitions of audio and audiovisual fixations. Under the Indian law the terms representing these have been sound records and cinematographs respectivel.Performer and the Philosophy of Intellectual Propertyeffectively. But this is not to deny the fact that these institutions, organizations and practices could very well rise to the occasion when the rights regime comes into force.

Protection of property and criminal law - A study with special reference to intellectual property

Theoretically speaking, property is extension of the personality of the individual. It serves the purpose of satisfying the self of the individual in the society. Various theories have been attempted to explain its origin and development. However, it is the socialist theory of property which finds acceptance in many societies today. A proper definition of the concept of property has notbeen given in the statutes governing protection of property or in the Indian Constitution. While deciding cases under the Indian Penal Code, the courts have however, been interpreting the term 'property' in a manner facilitating its accommodation within the contours of the socialist theory of property, though there was no attempt for any formal theorization. An examination of the decisions under the Penal Code provisions and Constituent Assembly Debates has reinforced the above view that our courts as well as legislature have adopted the socialist concept of property. Because of the importance of the theory of property in the general scheme of this study, it was thought appropriate toinclude a chapter on the theory of property as reflected in our constitution.

Dilemmas in Regards to the Restitution of Lands in Colombia

The text argues that, even if different sectors of society have some strategic points of agreement on the issue of land, which converge on the specific issue of restitution, they strongly disagree on various other points. On one side are some who advocate “pure restitution” and consequently support a restitution policy that focuses on correcting the illegal dispossession and clarifying land titles and individual rights to property, which would serve to boost the land market and allow for rural development policies that modernize agricultural production, fundamentally based on large, corporate ownership. On the other end of the spectrum are advocates of what we call “comprehensive restitution,” who promote adopting a restitution policy that meets the requirements not only of corrective justice but also of recognition and redistribution, advancing the interest of peasant, indigenous, and afro-Colombian communities.

Intellectual property management in M&A transactions

Purpose – The purpose of this paper is to focus on the intellectual property (IP) aspects of mergers and acquisitions (M&A) transactions. Design/methodology/approach – A holistic approach is proposed that embraces IP as an integral part of the M&A process in the form of a roadmap for the strategic and purposeful management of IP assets in M&A deals. Findings – Addressing IP issues in transactions in isolation can lead to undesirable consequences (e.g. considerable costs for unplanned purchases of rights). IP due diligence and IP integration project processes can be automated using collaborative software solutions. Thereby, risk can be reduced through the creation of a high level of transparency and predefined responsibilities. Practical implications – Although the proposed IP management framework is based on intellectual property matters relevant to German jurisdiction, conclusions derived and the proposed roadmap are transferable to other jurisdictions and hence have a broader relevance. Evidence for this is provided by the successful application of the roadmap in the context of the multinational transaction stated above. Originality/value – This paper is based on the authors' collective experience, insight and reflected observation of M&A practice gained in advisory M&A roles in management consultancies over a period of more than a decade. The paper summarizes the authors' reflections and observations and brings these into the context of the current management literature. Moreover, this paper builds on earlier published research.

The unpatriotism of the economic constitution? Rights to free movement and their impact on national and European identity

Abstract: Instead of the political reading of the EU Constitution adopted by advocates of constitutional patriotism, this article examines the European economic constitution. The four single market freedoms can be used by the Court of Justice to strike down Member State laws which represent deeply held aspects of national cultural identity. The article examines whether the court does in fact act in this way and proceeds to argue that the issue of identity protection does not stop with the court. In those policy areas where the court is more interventionist, and its case-law is perceived as an identity threat, one is likely to find binding Treaty-based derogations. Where, in contrast, the effect of the court's case-law poses less of a threat, one is more likely to see non-binding declarations. The article examines a number of policy areas in which specific cultural derogations and declarations are to be found, including abortion, property acquisition, football and alcohol control.

Intellectual property law on architectural design in collaborative design communication as digital assets

Digital Economy is one of the crucial elements promoted by the Digital Britain Report June 2009 and its Implementation Plan August 2009 in order to maintain and further the UK’s position as one of the world’s leading digital knowledge economies. Therefore, the application of Digital Technologies is high in the agenda. As pervasive digital technologies become more widely available, it becomes increasingly important to understand the legal implications of digital assets produced via digital technologies in collaborative design communication. Architects and engineers depend on intellectual property law to protect their original works. Copyright protection is automatic once a tangible medium of expression in any form of an innovative material, conforming the Copyright Designs and Patents Act 1988, is created. Although copyright law provides automatic protection to all original architectural plans, the limitation is that it only protects the expression of ideas but not the ideas themselves. The purpose of this research is to explore how effective the UK’s copyright law regime is for protecting the rights and interests of architects and engineers in their works as digital assets. The UK’s copyright law is ripe for modernisation not only to protect the rights of designers but also to further UK’s position in digital economy.

Genotypic and phenotypic diversity of a baculovirus population within an individual insect host

It is becoming increasingly apparent that many pathogen populations, including those of insects, show high levels of genotypic variation. Baculoviruses are known to be highly variable, with isolates collected from the same species in different geographical locations frequently showing genetic variation and differences in their biology. More recent Studies at smaller scales have also shown that virus DNA profiles from individual larvae can show polymorphisms within and between populations of the same species. Here, we investigate the genotypic and phenotypic variation of an insect baculovirus infection within a single insect host. Twenty four genotypically distinct nucleopolyhedrovirus (NPV) variants were isolated from an individual pine beauty moth, Panolis flammea, caterpillar by in vivo cloning techniques. No variant appeared to be dominant in the population. The Pafl NPV variants have been mapped using three restriction endonucleases and shown to contain three hypervariable regions containing insertions of 70-750 bp. Comparison of seven of these variants in an alternative host, Mamestra brassicae, demonstrated that the variants differed significantly in both pathogenicity and speed of kill. The generation and maintenance of pathogen heterogeneity are discussed. (c) 2005 Elsevier Inc. All rights reserved.

Induction of cytochrome P-450 activity in individual Chironomus riparius Meigen larvae exposed to xenobiotics

Cytochrome P450 activity in individual Chironomus riparius larvae was measured using a microtiter plate adaptation of the ethoxyresorufin-O-deethylase (EROD) assay. The sensitivity of this biomarker was tested by exposing larvae to phenobarbital (0.5 and 1.0 mM) and permethrin (1 and 10 mug/g). Both chemicals induced EROD activity in C. riparius larvae by up to 1.58-fold with PB and 2.47-fold with permethrin. EROD induction was more pronounced after 48 h. The initially high EROD activity in the controls suggested that P450s are induced by stress. Feeding levels prior to exposure also had a significant effect on EROD activity. EROD activity compared to the control was highest when larvae were fed double the normal ration. These results indicate that EROD activity in individual C. riparius may be a useful biomarker to add to a suite of biomarkers for the detection of freshwater pollution. (C) 2002 Elsevier Science (USA). All rights reserved.

Thermoselective phase property of silica tethered with fluorinated chains for controlled 'release' and 'capture' of catalytic fluorous tin species

The temperature dependent mixing of organic and fluorous phases is one of the key principals of fluorous biphasic systems (FBS). Given the high cost of the perfluorous solvents and their impacts to the environment, it is apparent that elimination of these solvents in bulk quantity in the FBS is advantageous. We report for the first time, the surface coverage of silica with a fluorous solvent like material that traps (at ambient temperatures) and releases (at elevated temperatures) a fluorous tin bromide in organic solvent. Here, we demonstrate the catalytic utilisation of this species for the hydrocyclisation of 6-bromo-1-hexene with NaBH4. (C) 2002 Elsevier Science B.V. All rights reserved.

Synthesis, crystal structure, magnetic behavior and thermal property of three polynuclear complexes: [M(dca)(2)(H2O)2](n)center dot(hmt)(n) [M = Mn(II), Co(II)] and [Co(dca)(2)(bpds)](n) [dca, dicyanamide; hint, hexamethylenetetramine; bpds, 4,4 '-bipyridyl disulfide]

Three mu(1.5)-dicyanamide bridged Mn(II) and Co(II) complexes having molecular formula [Mn(dca)(2)(H2O)(2)](n)center dot(hmt)(n) (1), [Co(dca)(2) (H2O)(2)](n)center dot(hmt)(n) (2) and [Co(dca)(2)(bpds)](n) (3) [dca = dicyanamide; hmt = hexamethylenetetramine; bpds = 4,4'-bipyridyl disulfide] have been synthesized and characterized by single crystal X-ray diffraction study, low temperature (300-2 K) magnetic measurement and thermal behavior. The X-ray diffraction analysis of 1 and 2 reveals that they are isostructural, comprising of 1D coordination polymers [M(dca)(2)(H2O)(2)](n) [M = Mn(II), Co(II) for 1 and 2. respectively] with uncoordinated hmt molecules located among the chains. The [M(dca)(2)(H2O)(2)](n) chains and the lattice hint molecules are connected through H-bonds resulting in a 3D supramolecular architecture. The octahedral N4O2 chromophore surrounding the metal ion forms via two trans located water oxygens and four nitrogens from four nitrile dca. Complex 3 is a 1D chain formed by two mu(1.5)-dca and one bridging bpds. The octahedral N-6 coordination sphere surrounding the cobalt ions comprises four nitrogens from dca and two from bpds. Low temperature magnetic study indicates small antiferromagnetic coupling for all the complexes. Best fit parameters for 1: J = -0.17 cm(-1), g = -2.03 with R = 6.1 x 10(-4), for 2, J = -0.50 cm(-1), and for 3, J = -0.95 cm(-1). (c) 2005 Elsevier B.V. All rights reserved.

Ownership rights in performance-based contracting: A case study of English law

Clients and contractors need to be aware of the project’s legal environment because the viability of a procurement strategy can be vitiated by legal rules. This is particularly true regarding Performance-Based Contracting (PBC) whose viability may be threatened by rules of property law: while the PBC concept does not require that the contractor transfers the ownership in the building materials used to the client, the rules of property law often lead to an automatic transfer of ownership. But does the legal environment really render PBC unfeasible? In particular, is PBC unfeasible because contractors lose their materials as assets? These questions need to be answered with respect to the applicable property law. As a case study, English property law has been chosen. Under English law, the rule which governs the automatic transfer of ownership is called quicquid plantatur solo, solo credit (whatever is fixed to the soil belongs to the soil). An analysis of this rule reveals that not all materials which are affixed to land become part of the land. This fate only occurs in relation to materials which have been affixed with the intention of permanently improving the land. Five fictitious PBC cases have been considered in terms of the legal status of the materials involved, and several subsequent legal questions have been addressed. The results suggest that English law does actually threaten the feasibility of PBC in some cases. However, it is also shown that the law provides means to circumvent the unwanted results which flow from the rules of property law. In particular, contractors who are interested in keeping their materials as assets can insist on agreeing a property right in the client’s land, i.e. a contractor’s lien. Therefore, the outcome is that English property law does not render the implementation of the PBC concept unfeasible. At a broader level, the results contribute to the theoretical framework of PBC as an increasingly used procurement strategy.

A novel method for measuring lag times in division of individual bacterial cells using image analysis

A method is presented for determining the time to first division of individual bacterial cells growing on agar media. Bacteria were inoculated onto agar-coated slides and viewed by phase-contrast microscopy. Digital images of the growing bacteria were captured at intervals and the time to first division estimated by calculating the "box area ratio". This is the area of the smallest rectangle that can be drawn around an object, divided by the area of the object itself. The box area ratios of cells were found to increase suddenly during growth at a time that correlated with cell division as estimated by visual inspection of the digital images. This was caused by a change in the orientation of the two daughter cells that occurred when sufficient flexibility arose at their point of attachment. This method was used successfully to generate lag time distributions for populations of Escherichia coli, Listeria monocytogenes and Pseudomonas aeruginosa, but did not work with the coccoid organism Staphylococcus aureus. This method provides an objective measure of the time to first cell division, whilst automation of the data processing allows a large number of cells to be examined per experiment. (c) 2005 Elsevier B.V. All rights reserved.