Dispute resolution and “environmental” provisions in the WTO: promising developments for environmental matters

En la actualidad, la política internacional tiende hacia la unificación económica y cultural (globalización), en la cual la totalidad de las naciones se encuentran vinculadas por interacciones comerciales. Para que los compromisos adquiridos en materia de protección ambiental sean respetados, el derecho ambiental debe dejar de ser considerado como una disciplina separada y buscar sinergias que le permitan convertirse en un actor importante en las relaciones comerciales. En el presente ensayo se argumenta que el comercio internacional y el derecho ambiental han coevolucionado en las últimas tres décadas, hasta llegar a un balance en el concepto de desarrollo sostenible.Este artículo explora esta coevolución, mientras propone que la Organización Mundial del Comercio (OMC) puede jugar un importante rol en el cumplimiento de los objetivos internacionales de protección ambiental si sus disposiciones “verdes” y su sistema de resolución de conflictos son utilizados para promoverlos, tal como está sucediendo. Para ilustrar este punto, se presenta un breve resumen de los tratados comerciales y ambientales suscritos desde los años setenta, seguido de una explicación de las disposiciones legales de la OMC que pueden ser consideradas como “verdes”, con el fin de hallar puntos de convergencia que puedan ser utilizados por los países miembros no solo para justificar la adopción de normativas domésticas de protección ambiental, sino también para instar a los otros signatarios en el cumplimiento de sus obligaciones en esta área.

Sustainable Development and the Right to Water in Colombia

Water, considered as an environmental resource and as an economic and social good, should be part of the Colombian public agenda, not only not only in terms of the use and preservation of hydro resources, but also in terms of the social implications of its possession and use. The world wide preoccupation with the diminution of natural resources, species extinction and water shortage has its origins in the seventies. One of the results was the establishment of international conventions and agreements to achieve responsible management of natural resources. Regarding water as a resource, it is intrinsically bound to the Earth’s natural processes and ecosystems. As regards the Colombian case, the “right to water in Colombia” is analyzed taking into account: water as an integral part of sustainable development, the right to water as a global debate and, finally, the right to water in the Colombian context within the explanatory framework of the Water Referendum.

Italian citizenship and the descendants of Italian citizens emigrated in Colombia. Removing a social injustice

Law is often the source of social discriminations, but, at the same time, it can be thekey to delete these social discriminations. The authors try to give an example of thisphenomenon, by analyzing the impact of the Italian citizenship’s rules over the descendantsof the Italian citizens emigrated abroad and, especially, in South America.Indeed, according to the former Italian law, only fathers could transmit iure sanguinisthe citizenship to their children: moreover, women automatically lost theItalian citizenship if they get a foreign citizenship by concluding a marriage witha foreign husband.These rules hardly discriminate the Italian women emigrated abroad and, especially,their descendants who were prevented to get the Italian’s citizenship.These discriminatory rules were finally deleted by the Italian Constitutional Courtin the Seventies and in the Eighties: however, the effects of those rules still persisted,since the decision of the Constitutional Court could not overcome the temporal limit of the entry into force of the Constitution (01.01.1948) and, therefore, could not“cover” the discriminatory facts occurred before that date.Finally in 2009, the Italian Supreme Court, by extending the effects ratione temporisof the decisions of the Constitutional Court, “reopened the doors” of the Italiancitizenship to a huge number of Italian citizenship born from Italian women beforethe 01.01.1948.Therefore, the authors focus on the social impact of this decision for all the potentialItalian citizens living in South America and try to assess its juridical effects overthe Italian law.

Innovative practices in Psychiatry. Argentina, 1960-1970

The paper analyzes innovative psychiatric practices that took place in Argentina during the sixties and seventies at the Hospital Jose Esteves in the province of Buenos Aires. Objective: To present the coexistence of different paradigms related to mental health in the same institution and to analyze the complexities generated by this scenario. Methodology: This study uses primary sources in the form of medical records of patients admitted to the hospital between 1960 and 1979. The medical records were cross-referenced with publications of newspapers and magazines of the time. Results: The analysis shows that the political environment during the era of militarydictatorship —characterized by ideological persecution and the inhibition of political expression— influenced the development of innovative psychiatric practices. At the same time, instances ofanti-Semitism and ideological persecution among health workers affected therapeutic approaches. Conclusions: While the introduction of innovative practices in mental health led to someresistance among the more orthodox psychiatrists, the presence of different paradigms shows a plan, both political and professional, to transform psychiatry and admission policy in Argentina.

Soft budget constraints in a dynamic general equilibrium model

This paper considers an overlapping generations model in which capital investment is financed in a credit market with adverse selection. Lenders’ inability to commit ex-ante not to bailout ex-post, together with a wealthy position of entrepreneurs gives rise to the soft budget constraint syndrome, i.e. the absence of liquidation of poor performing firms on a regular basis. This problem arises endogenously as a result of the interaction between the economic behavior of agents, without relying on political economy explanations. We found the problem more binding along the business cycle, providing an explanation to creditors leniency during booms in some LatinAmerican countries in the late seventies and early nineties.

Josep Claret: arquitectura i societat

El gironí Josep Claret Rubira (1908-1988), arquitecte de professió i artista-dibuixant de vocació, va obtenir el títol l'any 1933, a l'Escola d'Arquitectura de Barcelona. D'ençà d'aquella data i fins a mitjan dels anys 70, va projectar una quantitat enorme d'edificis de múltiples tipologies i nombrosos plans d'urbanització, arreu de les comarques gironines i menorquines. Amb ideologia primerenca propera a les esquerres catalanistes, es va haver d'adaptar al règim franquista, per poder continuar treballant i vivint a Catalunya. Malgrat que inicialment li deuria costar un gran esforç, el procés d'amotllament el va tenir planer (almenys aparentment), gràcies al seu parentiu -per via matrimonial- amb una família que hi estava estretament vinculada. És autor d'obres d'elevat nivell arquitectònic -amb poques que siguin conegudes i reconegudes- i un clar conformador del paisatge de les seves contrades, fet influent en la societat que hi ha estat habitant i que hi viu encara avui dia. La seva arquitectura és un magnífic exemple del que agradava a les generacions de durant cinc dècades. És també autor d'obres que, moltes vegades, no s'adiuen gens amb el que la Història de l'Arquitectura dóna per bones, però que reflecteixen el gust, les preferències i les prioritats d'una societat determinada.

Global models for concrete realities

This paper intends to analyze the evolution of the Ecomuseums from their early appearance in the seventies until the present, emphasizing the characteristics which make them unique and different from all the other museums. This analysis will be used to show the Japanese landscape on ecomuseums and how the ecomuseum evolution might be a reference at internatioal level.

Approximating a class of combinatorial problems with rational objective function

In the late seventies, Megiddo proposed a way to use an algorithm for the problem of minimizing a linear function a(0) + a(1)x(1) + ... + a(n)x(n) subject to certain constraints to solve the problem of minimizing a rational function of the form (a(0) + a(1)x(1) + ... + a(n)x(n))/(b(0) + b(1)x(1) + ... + b(n)x(n)) subject to the same set of constraints, assuming that the denominator is always positive. Using a rather strong assumption, Hashizume et al. extended Megiddo`s result to include approximation algorithms. Their assumption essentially asks for the existence of good approximation algorithms for optimization problems with possibly negative coefficients in the (linear) objective function, which is rather unusual for most combinatorial problems. In this paper, we present an alternative extension of Megiddo`s result for approximations that avoids this issue and applies to a large class of optimization problems. Specifically, we show that, if there is an alpha-approximation for the problem of minimizing a nonnegative linear function subject to constraints satisfying a certain increasing property then there is an alpha-approximation (1 1/alpha-approximation) for the problem of minimizing (maximizing) a nonnegative rational function subject to the same constraints. Our framework applies to covering problems and network design problems, among others.

Att hitta och utforska : Om Damien Echols autobiografi Life After Death

This paper investigates the autobiography of Damien Echols. The autobiographical subject, Echols, depicts his life as a marginalized youth during the nineteen seventies and nineteen eighties in Arkansas, USA. It also explores the years that Echols spent on Death Row after having been arrested along with two other youths for the murder of three eight-year-old boys; a crime all three of the accused denied having committed. In 2011, after eighteen years of incarceration, the three now grown up men were released from prison. The author of this paper discusses biography and especially autobiography as a genre and explores to what extent memories represent the actual life the autobiographical subject, Echols, has lived and if memories are or can be truthful. In order to find the underlying meanings of the autobiography, the author of this paper uses as a starting-point a psychoanalytic approach towards Echol’s text. Key terms that will undergo a more close inspection are horror, water and home. This paper concludes with the notion that autobiographical objective truth does not exist.

Reflexive modernity and the art of public communication

In 2000, Victoria’s largest regional council, the City of Greater Geelong, allocated $200,000 to fund a community art and place-making project in inner Geelong West. The Walk West project was conceptualised and lobbied by a community group for six years. The project addressed the impact of a large section of freeway installed in the seventies and its consequences for quality of life in the locality.

This article reports on an example of highly developed community relations. It examines public art and placemaking as public communication tools and their relationship to political and social activity in post-amalgamation Victoria. In particular it applies the theories of Ulrich Beck and the notion of reflexive modernity in risk society where citizens’ initiative groups will play an increasingly important role in reclaiming the biological and cultural heritage lost as a result of ‘progress’.

Therapeutic Discourse and the American Public Philosophy: On American Liberalism's Troubled Relationship with Psychology

I explore the main currents of postwar American liberalism. One, sociological, emerged in response to the danger of mass movements. Articulated primarily by political sociologists and psychologists and ascendant from the mid-fifties till the mid-seventies, it heralded the "end of ideology." It emphasized stability, elitism, positive science and pluralism; it recast normatively sound politics as logrolling and hard bargaining. I argue that these normative features, attractive when considered in isolation, taken together led to a vicious ad hominem style in accounting for views outside the postwar consensus. It used pseudo-scientific literature in labeling populists, Progressives, Taft conservatives, Goldwaterites, the New Left and others "pathological," viz. mentally ill. Hence, "therapeutic discourse." I argue that philosophical liberalism, which reasserts the role of political theory in working out norms and adjudicating disagreement, is a more profitable way of thinking about and defending from critics liberalism. I take the philosopher John Rawls as the tradition's modern representative. This inquiry is important because the themes of sociological liberalism are making a comeback in American public discourse, and with them perhaps the baggage of therapeutic discourse. I present a cautionary tale.

Intersection of autonomy and social control : negotiating teenage motherhood

Contrary to popular belief, teenage mothers are a declining proportion of birthing women; however they receive much negative public attention. Of particular public concern is the high cost of supporting teenage mothers, in terms of financial, health and welfare resources. Historically, the typical founding mother of white Australia was single, but post-war changes in the family structure incorporated the expectation that children be born into two-parent households with the male as the breadwinner. Policy changes in the seventies saw the introduction of the Sole Parents Pension which meant that many birthing teenage women could choose to keep their infants rather than have a clandestine adoption or an enforced marriage. The parenting practices of teenage mothers have been criticised for being less than optimal, and mother and child are reported as being disadvantaged cognitively, psychosocially, and educationally. One widespread nursing service which provides support for new mothers in Victoria is the Maternal and Child Health Service; however, teenage mothers appear reluctant to use such services. Why this should be so became an important question for this research, since little is known about the parenting practices of teenage mothers. This study therefore sought to explore mothering from the perspective of five sole supporting teenage mothers each of whom had a child over six months of age. The research methodology took an interpretive ethnographic approach and was guided by feminist principles. The data were collected through repeated interviewing, participant observation, informal discussions with key informants, field notes and journalling. Data analysis was aided by the use of the software, program NUD-IST. It was found that the young women in this study each chose to give birth with full realisation that their existence was dependent on the Welfare State. Unanticipated, however, were the many structural barriers which made their lives cataclysmic, but these reinforced their determination to prove themselves worthy and capable mothers. The young women negotiated motherhood through a range of social supports and through maternal practice. Unquestionably, their social dependency on the welfare system forced them into marginal citizen status. Moreover, absolute and intrinsic poverty levels were experienced, brought about by inadequate welfare payments. Formal support agencies, such as the Maternal and Child Health nurses were rarely approached to provide childrearing support beyond the initial months following birthing, since the teenagers' basic needs such as shelter, food and clothing took precedence over their parenting needs. Additionally, some nurses were perceived to hold judgmental attitudes towards teenage mothers. It was far easier to forestall confrontation with nurses and the other 'older' women clientele by avoiding them. Thus XI they turned to charitable agencies who provided a safety net in the form of emergency supplies of money, food, or equipment. Informal networks of friends provided alternative modes of support when family help failed to materialise. The children, however, provided the young women with an opportunity to transform their lives by breaking free of the past, and by creating a new, mature existence for themselves. Despite being abandoned by family, friends, lovers and society, in the privacy and isolation of their own homes, they attempted to provide a more nurturing environment for their children than they themselves had received. Each bestowed unconditional maternal love on the child and were rewarded through the pleasures of watching their children grow and develop into worthwhile individuals. The children became the focus of their attention and their reason for living. In the course of their welfare dependency, the young women became public property, targets of surveillance, and were subjected to stigmatising and condescending public attitudes wherever they went. In this way, it was evident that they were an oppressed group, but each found ways of resisting. Rather than focussing on their oppressive or disabling lives, or dwelling on their disadvantaged status, the young women sought their identities as mature women through motherhood and by demonstrating that they could do this important job well. Through motherhood their lives had meaning and a sense of purpose. The thesis concludes that motherhood in the teenage years is difficult. However, if appropriate supports are made available, teenage mothers need be no different from non-teenage mothers. But with state resources shrinking, and their own resources limited, teenage mothers are disadvantaged. In some ways, this study showed that all levels of support were inadequate, although those provided through the charitable organizations were seen to be the most appropriate. This reflects the current policy of economic rationalism adopted by most Western liberal democracies in the 1980s and 1990s and no less by the former Keating Labor Government in Australia.

1970s Australian ecologically designed house

This study found that the influence of global environmentalism and local experimentations in alternative forms of building and lifestyle drove the creation of the 1970s Australian ecological house. Its conception was the emphatic manifestation of various social, ideological and political influences in Australia during this period.

A preliminary evaluation of the world's largest skills enhancement program for entrepreneurs

Start and Improve Your Business (SIYB) is an entrepreneurial training program created, sponsored and disseminated by the International Labour Organization. SIYB is, arguably, the world’s largest skills enhancement program for entrepreneurs. SIYB has been in operation since the early 1970s and currently operates in almost 80 countries. During the last decade, more than 100,000 entrepreneurs, thousands of trainers and hundreds of small enterprise development organizations around the world have participated in it (Samuelsen 2003). Surprisingly for an education program of this magnitude and potential global importance, there has been relatively little program evaluation performed. What evaluation has been conducted has been unsystematic, qualitative and unsatisfactory (Harper 1985).

Meanwhile, in the nation of Botswana, since the mid seventies, there has been a huge growth in programs devoted to the training of small and medium entrepreneurs. The SIYB program has formed a significant component of this entrepreneurial training effort in Botswana (ILO 1996). SIYB training was initially supported by the United Nations and later by the Botswana government. Since its introduction into Botswana in1983, the SIYB program has been evaluated only once, in 1993 (Samuelsen 2003). The methods used (subjective questionnaire administered to an unsystematic sample of past participants) fails to provide a satisfactory evaluation of the program. So, in Botswana and worldwide, the world’s largest entrepreneurial training program continues to run in the absence of any knowledge concerning its efficacy. This paper describes the various elements of the SIYB program and places it in the context of the data-rich Botswanan environment. The descriptive work is a necessary predicate to creation of a research design capable of providing the detailed, critical program evaluation that has been so conspicuously lacking throughout the history of the SIYB initiative.