A comparative evaluation of the legislative controls on unfair terms and exemption clauses in consumer and business contracts in England and Brazil

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.

The impact of privatisation and regulation on the water and sewerage industry in England and Wales:a translog cost function approach

After the ten Regional Water Authorities (RWAs) of England and Wales were privatized in November 1989, the successor Water and Sewerage Companies (WASCs) faced a new regulatory regime that was designed to promote economic efficiency while simultaneously improving drinking water and environmental quality. As legally mandated quality improvements necessitated a costly capital investment programme, the industry's economic regulator, the Office of Water Services (Ofwat), implemented a retail price index (RPI)+K pricing system, which was designed to compensate the WASCs for their capital investment programme while also encouraging gains in economic efficiency. In order to analyse jointly the impact of privatization, as well as the impact of increasingly stringent economic and environmental regulation on the WASCs' economic performance, this paper estimates a translog multiple output cost function model for the period 1985–1999. Given the significant costs associated with water quality improvements, the model is augmented to include the impact of drinking water quality and environmental quality on total costs. The model is then employed to determine the extent of scale and scope economies in the water and sewerage industry, as well as the impact of privatization and economic regulation on economic efficiency.

Sewers and water mains in England and Wales; materials, manufacture and capital expenditure

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UK social housing and housing market in England:a statistical review and trends

Around 80% of the 63 million people in the UK live in urban areas where demand for affordable housing is highest. Supply of new dwellings is a long way short of demand and with an average annual replacement rate of 0.5% more than 80% of the existing residential housing stock will still be in use by 2050. A high proportion of owner-occupiers, a weak private rental sector and lack of sustainable financing models render England’s housing market one of the least responsive in the developed world. As an exploratory research the purpose of this paper is to examine the provision of social housing in the United Kingdom with a particular focus on England, and to set out implications for housing associations delivering sustainable community development. The paper is based on an analysis of historical data series (Census data), current macro-economic data and population projections to 2033. The paper identifies a chronic undersupply of affordable housing in England which is likely to be exacerbated by demographic development, changes in household composition and reduced availability of finance to develop new homes. Based on the housing market trends analysed in this paper opportunities are identified for policy makers to remove barriers to the delivery of new affordable homes and for social housing providers to evolve their business models by taking a wider role in sustainable community development.

Grading and disease management in national screening for diabetic retinopathy in England and Wales

Aims - A National Screening Programme for diabetic eye disease in the UK is in development. We propose a grading and early disease management protocol to detect sight-threatening diabetic retinopathy and any retinopathy, which will allow precise quality assurance at all steps while minimizing false-positive referral to the hospital eye service. Methods - Expert panel structured discussions between 2000 and 2002 with review of existing evidence and grading classifications. Proposals - Principles of the protocol include: separate grading of retinopathy and maculopathy, minimum number of steps, compatible with central monitoring, expandable for established more complex systems and for research, no lesion counting, no ‘questionable’ lesions, attempt to detect focal exudative, diffuse and ischaemic maculopathy and fast track referral from primary or secondary graders. Sight-threatening diabetic retinopathy is defined as: preproliferative retinopathy or worse, sight-threatening maculopathy and/or the presence of photocoagulation. In the centrally reported minimum data set retinopathy is graded into four levels: none (R0), background (R1), preproliferative (R2), proliferative (R3). Maculopathy and photocoagulation are graded as absent (M0, P0) or present (M1, P1). Discussion - The protocol developed by the Diabetic Retinopathy Grading and Disease Management Working Party represents a new consensus upon which national guidelines can be based leading to the introduction of quality-assured screening for people with diabetes.

Orthodox Christianity and Nationalism in Nineteenth-Century Southeastern Europe

Nation-building processes in the Orthodox commonwealth brought together political institutions and religious communities in their shared aims of achieving national sovereignty. Chronicling how the churches of Greece, Romania, Bulgaria, and Serbia acquired independence from the Patriarchate of Constantinople in the wake of the Ottoman Empire’s decline, Orthodox Christianity and Nationalism in Nineteenth-Century Southeastern Europe examines the role of Orthodox churches in the construction of national identities. Drawing on archival material available after the fall of communism in southeastern Europe and Russia, as well as material published in Greek, Serbian, Bulgarian, Romanian, and Russian, Orthodox Christianity and Nationalism in Nineteenth-Century Southeastern Europe analyzes the challenges posed by nationalism to the Ecumenical Patriarchate and the ways in which Orthodox churches engaged in the nationalist ideology.

Determinants of civil society influence:the case of international development and humanitarian NGOs in the Czech Republic and Hungary

Accession to the EU has had ambiguous effects on civil society organizations (CSOs) in the East Central European countries. A general observation is that accession has not led to the systematic empowerment of CSOs in terms of growing influence on national policy making. This article investigates the determinants of successful CSO advocacy by looking at international development and humanitarian NGOs (NGDOs) in the Czech Republic and Hungary. Reforms in the past decade in the Czech Republic have created an international development policy largely in line with NGDO interests, while Hungary’s ministry of foreign affairs seems to have been unresponsive to reform demands from civil society. The article argues that there is clear evidence of NGDO influence in the Czech Republic on international development policy, which is because of the fact that Czech NGDOs have been able solve problems of collective actions, while the Hungarian NGDO sector remains fragmented. They also have relatively stronger capacities, can rely on greater public support and can thus present more legitimate demands towards their government.

Megtakarítások és külső finanszírozás az amerikai gazdaságban. A hitelpiaci válság háttere (1997-2007) (Savings and external financing in the American economy. The background to the credit-market crisis (1997–2007))

A tanulmány nem az aktuális hitelpiaci válság enyhítésének kérdésével foglalkozik, hanem az amerikai gazdaság elmúlt négy évtizedének általános és az utolsó tíz évének konkrét beruházási-megtakarítási és növekedési tendenciáit igyekszik feltárni. Azt vizsgálja, hogy milyen mélyebb, belföldi eredetű szerkezeti okai vannak a nemzetközivé dagadt jelzáloghitel-válságnak. A cikk a nyitott gazdaság külső finanszírozással összefüggő mérlegazonosságainak alapján arra a következtetésre jut, hogy az ingatlanpiaci visszaesés és a kibocsátás zsugorodása az Egyesült Államok gazdaságában már több mint másfél évtizede kialakult kedvezőtlen, de még tovább romló belföldi megtakarítási folyamatok következménye. A jelzálogpiac krízise és a lakásépítés drámai visszaesése a túlfogyasztásra és túlhitelezésre ösztönző pénzügyi környezet eredménye. A lakáspiaci és a hitelezési ciklusok pénzügyi innovációkkal történő megnyújtása inkább növelte, mint csökkentette a kibocsátásingadozás érzékenységét. A legfőbb hitelezők Kína, Japán, Németország inkább dolláralapú amerikai vállalati felvásárlásokkal ellensúlyozták a dollárgyengülésből elszenvedett veszteségeiket. 1997-2007 között az Amerikából külföldön befektetett dolláraktívák - javarészt a valuta leértékelődése nyomán - jelentős hozamemelkedést élveztek, és számottevően tompították a belföldön képződött jövedelmek csökkenését. A dollárleértékelődés az eszköz- (és nemcsak az áruexport) oldalon is előnyöket hozott számos nagyvállalatnak. / === / Rather than dealing with the immediate policy steps to dampen the crisis, this paper attempts to reveal the worsening savings/consumption pattern of the US economy over the last ten years. Based on the closed logic of open-economy GDP-accounting, it argues that the current crisis is deeply rooted in shrinking public and private savings trends discernible as early as 1997. The current mortgage-market crisis and deep fall in new residential housing are products of a distorted financial environment that encourages over-borrowing and over-consumption. Expansion of the credit cycle through successive financial innovations has increased, not decreased output volatility. But the main foreign lenders to the US—Japan, China and Germany—have managed to offset their losses on US securities by buying into US companies. Large US firms have also benefited from rapid dollar depreciation as USD-denominated yields on their foreign assets experienced strong run-ups. The weak dollar has also helped American firms with large assets on foreign markets. So there were strong benefits for the US, not just on the goods-export side, but on the asset side, an aspect rarely emphasized.

A hatalmi viszonyok a világgazdaság és a katonai szektor a XXI. században = Power relations in the world economy and the military sector in 21st century

A bipoláris világrendszer megszűnése a XX. század utolsó évtizedében új helyzetet teremtett a globális politikai és gazdasági viszonyokban, ugyanakkor nem mellékesen a hadiiparban is. A szerző, szem előtt tartva a hatalmi viszonyok jövőbeli elkerülhetetlen átrendeződését, elsősorban a katonai szektor előtt álló, a XXI. századra előrevetíthető kihívásokat, lehetőségeket, a szektor jövőbeli pályáját tekinti át. A hadiiparral kapcsolatban indokolt a hidegháború utáni világ fegyverkezési helyzetének, fegyveres erőinek számbavétele csakúgy, mint a releváns elméleti keretek ismertetése, továbbá a fontos globális szereplők biztonságpolitikájának vizsgálata. A katonai szektor jelenének és jövőjének alapos elemzése nem nélkülözheti a katonai kiadások jelenlegi – a világgazdasági válság által befolyásolt – és a következő évtizedekben várható alakulásának vizsgálatát. Végül, de nem utolsó sorban a szerző áttekinti a XXI. századi haditechnikai forradalom már most látható és a jövőben valószínűsíthető vívmányait, a fontosabb haditechnikai tendenciákat, illetve elemzi a nemzetközi fegyverpiac helyzetét. __________________ The end of the Cold War led to a new situation in global political and economic affairs, as well as in the military sector. The author, taking into consideration the inevitable future power shifts, provides an overview of the challenges, possibilities and future paths of the military sector. Relevant issues include assessing the arms and armed forces of the post-Cold War era, as well as the analysis of theoretical frameworks and the security policies of the important global actors. Understanding the present and the future of the military sector is not possible without the thorough analysis of military expenditures and their likely future trends. The author also overviews the outcomes of the 21st century revolution in military technology and analyses the global arms market.

Pigment dynamics and autumn leaf senescence in a New England deciduous forest, eastern USA

The leaves of woody plants at Harvard Forest in Central Massachusetts, USA, changed color during senescence; 70% (62/89) of the woody species examined anatomically contained anthocyanins during senescence. Anthocyanins were not present in summer green leaves, and appeared primarily in the vacuoles of palisade parenchyma cells. Yellow coloration was a result of the unmasking of xanthophyll pigments in senescing chloroplasts. In nine red-senescing species, anthocyanins were not detectable in mature leaves, and were synthesized de novo in senescence, with less than 20 m g cm - 2 of chlorophyll remaining. Xanthophyll concentrations declined in relation to chlorophyll to the same extent in both yellow- and red-leaved taxa. Declines in the maximum photosystem II quantum yield of leaves collected prior to dawn were only slightly less in the red-senescing species, indicating no long-term protective activity. Red-leaved species had significantly greater mass/area and lower chlorophyll a / b ratios during senescence. Nitrogen tissue concentrations in mature and senescent leaves negatively correlated to anthocyanin concentrations in senescent leaves, weak evidence for more efficient nitrogen resorption in anthocyanic species. Shading retarded both chlorophyll loss and anthocyanin production in Cornus alternifolia , Acer rubrum , Acer saccharum , Quercus rubra and Viburnum alnifolium . It promoted chlorophyll loss in yellow-senescing Fagus grandifolia . A reduced red : far-red ratio did not affect this process. Anthocyanins did not increase leaf temperatures in Q. rubra and Vaccinium corymbosum on cold and sunny days. The timing of leaf-fall was remarkably constant from year to year, and the order of senescence of individual species was consistent.

The empire beats on: Oyo, Bata drums and hegemony in nineteenth-century Cuba

The Lukumí people of Cuba, currently known as Yoruba, are descendants of one of the mightiest West African kingdoms, the Oyo, Empire. The Oyo-Yoruba were important cultural contributors to certain areas of the New World such as Cuba, Brazil, Trinidad, and to some degree Haiti and the Lesser Antilles. Anthropologist William Bascom has said that “no African group has had greater influence on New World culture than the Yoruba.” ^ After the devastation of the empire around 1825, two new Oyos resuscitated. The first, New Oyo, was established about 80 miles south of the ancient site around 1830. The second Oyo was instituted on the other side of the Atlantic Ocean, in the city of Havana and its surrounding towns. Much of Oyo lie, as ancient Oyo is now called, was transported to the New World, reformed and adapted according to its new surroundings, and, it preserved its reign over its “subjects” through the retention and dissemination of its cultural and religious practices. ^ Using an interdisciplinary approach, this investigation will argue that of all the African groups brought to Cuba, the Oyo-Yoruba were the most influential in shaping Afro-Cuban culture since their introduction in the nineteenth century. The existence of batá drums in Cuba and the cultural components of this musical genre will serve as one of many examples to illustrate the vitality of Oyo cultural hegemony over Afro-Cubans. It is arguable that these drums and the culture that surrounded them were very important instruments used by the Oyo to counter the acculturation of many Africans in Cuba. Likewise, this culture became acculturative in itself by imposing its religious world views on non-Oyo ethnics and their descendants. Oral histories and narratives collected among Lukumí practitioners on the island and abroad have been invaluable archives to supplement and/or complement primary and secondary sources of information. ^

Colombian society in the 1990s: Fragmentation, legitimacy, and efficiency

During the nineties, Colombia experienced a two-fold process of restructuring. First, the political system underwent a process of constitutional reform in order to strengthen the state and increase its legitimacy, surpass the exclusionary character of the political regime, and achieve greater equity in the distribution of social resources. Second, the economy made the transition from a Keynesian development strategy to a strategy of “opening” or liberalization and internationalization of the economy, in order to increase the economic efficiency by reducing the “size” of the state and its regulatory role. The purpose of this dissertation is to analyze the interplay and contradictions of economic and political factors in the restructuring of the Colombian politico-economic system. ^ The main finding of this dissertation is that the simultaneous adoption of a neoliberal economic strategy and of the Political Constitution of 1991, have had a contradictory relationship: while the “political opening” has produced favorable conditions for fostering programs of democratization and social integration, the “economic opening” has counteracted that possibility given that it implies a social exclusionary process. This tension has aggravated the problems of political and social integration that have traditionally characterized Colombian society. ^ This crucial tension has also been characteristic of Latin America in the nineties. However, it has been neglected and undertheorized in most of the democratization studies of American comparative politics. Most of them lack consideration of structural aspects. According to those studies, the cause of regime change is determined by the strategic elections of actors. Contrary to these approaches, I develop a structural perspective. I consider that social phenomena are partly determined by structural factors, and scientific research should assign them decisive importance, since a fundamental basis for social action and transformation is to be found in the dynamics of relationships between individuals and structures and the development of contradictions within structures. ^