The Protection and Promotion of Cultural Diversity at the International Level

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted under the auspices of the United Nations Educational, Cultural and Scientific Organization (UNESCO) in 2005, entered into force on 18 March 2007 after an incredibly swift ratification process. The Convention is the culmination of multiple-track efforts that spread over many years with the objective of providing a binding instrument for the protection and promotion of cultural diversity at the international level. These efforts, admirable as they may be, are not however isolated undertakings of goodwill, but a reaction to economic globalisation, whose advancement has been significantly furthered by the emergence of enforceable multilateral trade rules. These very rules, whose bearer is the World Trade Organization (WTO), have been perceived as the antipode to "culture" and have commanded the formulation of counteracting norms that may sufficiently "protect" and "promote" it. Against this backdrop of institutional tension and fragmentation, the present chapter explicates the emergence of the concept of cultural diversity on the international policy- and law-making scene and its legal dimensions given by the new UNESCO Convention. It critically analyses the Convention's provisions, in particular the rights and obligations of the State Parties, and asks whether indeed the UNESCO Convention provides a sufficient and appropriate basis for the protection and promotion of a thriving and diverse cultural environment.

Rezension zu: Irini Katsirea, Public Broadcasting and European Law

Public broadcasting has always been a regulatory field somewhat zealously guarded within the nation states' sphere and kept willingly untouched by regional or international rules. Values inherent to the role of public broadcasting, such as cultural and national identity, social cohesion, pluralism and a sustained public sphere, were thought too critical and too historically connected with the particular society to allow any "outside" influence. Different regulatory models have emerged to reflect these specificities within the national boundaries of European countries. Yet, as media evolved technologically and economically, the constraints of state borders were rendered obsolete and the inner tension between culture and commerce of the television medium became more pronounced. This tension was only intensified with the formulation of a European Community (EC) layer of regulation, which had as its primary objective the creation of a single market for audiovisual services (or as the EC Directive beautifully put it, a "Television without Frontiers"), while also including some provisions catering for cultural concerns, such as the infamous quota system for European and independent productions. Against this backdrop, public broadcasting makes a particularly intriguing subject for a study of regulatory dilemmas of national versus supranational, integration versus intergovernmentalism, culture versus commerce, intervention versus liberalisation, and all this in the dynamic setting of contemporary media. The present paper reviews Irini Katsirea's book PUBLIC BROADCASTING AND EUROPEAN LAW and seeks to identify whether all elements of the complex governance puzzle of European public service broadcasting rules are analytically well fitted together.

Regional Trade Agreements and domestic labour market regulation

This chapter discusses the relationship between labour market regulation and regional trade agreements from both a legal and an economic angle. We examine empirically whether regional trade liberalisation is associated with deterioration (“race to the bottom”) of domestic labour standards beyond those reflected in the 1998 ILO Declaration on the Fundamental Principles and Rights at Work. Using a panel of 90 developed and developing countries, covering the years from 1980 to 2005, we find that after the entry into force of a regional trade agreement (RTA), labour standards applying to employment protection and unemployment benefits are significantly weakened. We show that such a lowering of protection levels tends to occur in high income countries and that this effect mainly stems from RTAs among such countries rather than with low or middle income countries. Concern about competitive pressure to weaken domestic labour regulation is reflected in a variety of undertakings in RTAs not to administer labour laws with a view to improving one’s competitive position in trade or foreign direct investment (FDI). The above-mentioned empirical findings indicate that such provisions could potentially become relevant, and that this is more likely to be the case for high income members of RTAs. Our analysis, from a legal point of view, of relevant institutional and procedural mechanisms indicates however that enforceability of the relevant provisions is weak for most of the existing legal texts.

Are sample sizes clear and justified in RCTs published in dental journals?

Sample size calculations are advocated by the CONSORT group to justify sample sizes in randomized controlled trials (RCTs). The aim of this study was primarily to evaluate the reporting of sample size calculations, to establish the accuracy of these calculations in dental RCTs and to explore potential predictors associated with adequate reporting. Electronic searching was undertaken in eight leading specific and general dental journals. Replication of sample size calculations was undertaken where possible. Assumed variances or odds for control and intervention groups were also compared against those observed. The relationship between parameters including journal type, number of authors, trial design, involvement of methodologist, single-/multi-center study and region and year of publication, and the accuracy of sample size reporting was assessed using univariable and multivariable logistic regression. Of 413 RCTs identified, sufficient information to allow replication of sample size calculations was provided in only 121 studies (29.3%). Recalculations demonstrated an overall median overestimation of sample size of 15.2% after provisions for losses to follow-up. There was evidence that journal, methodologist involvement (OR = 1.97, CI: 1.10, 3.53), multi-center settings (OR = 1.86, CI: 1.01, 3.43) and time since publication (OR = 1.24, CI: 1.12, 1.38) were significant predictors of adequate description of sample size assumptions. Among journals JCP had the highest odds of adequately reporting sufficient data to permit sample size recalculation, followed by AJODO and JDR, with 61% (OR = 0.39, CI: 0.19, 0.80) and 66% (OR = 0.34, CI: 0.15, 0.75) lower odds, respectively. Both assumed variances and odds were found to underestimate the observed values. Presentation of sample size calculations in the dental literature is suboptimal; incorrect assumptions may have a bearing on the power of RCTs.

ll "Pasquillus extaticus" di Celio Secondo Curione: eresia, censura, tradizione a stampa e manoscritta del testo

The essay examines the print and manuscript traditions of the "Pasquillus extaticus" by Celio Secondo Curione with a particular focus on their relation with censorship. At first, the essay investigates into the redactional evolution and into the editorial history of the dialogue and of its vernacular versions, e.g. the relation between some editions of the "Pasquillus extaticus" and of the "Pasquino in estasi" (which appeared anonymously and without typographical information) and the provisions of political and ecclesiastical censorship in the 16th century. Finally, analysing the manuscript tradition, the essay discusses Carlos Gilly’s identification of «Coelii Secundi Pasquillus, emendatus impress[us]», registered in the inventory of the private library of the Basel typographer Johannes Oporinus, with the copy preserved at the Herzog August Bibibliothek Wolfenbüttel [hab: p 1811. 8º Helmst. (1)]). The author refutes Gilly’s hypothetical attribution to Curione’s handwriting of the many marginalia present in this copy.

The Jurisprudence of the World Trade Organization 2014

In 2014, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) adopted seven panel reports and six Appellate Body rulings. Two of the cases relate to anti-dumping measures. Three cases, comprising five complaints, are of particular interest and these are summarized and discussed below. China – Rare Earths further refines the relationship between protocols of accession and the general provisions of WTO agreements, in particular the exceptions of Article XX GATT. Recourse to that provision is no longer excluded but depends on a careful case-by-case analysis. While China failed to comply with the conditions for export restrictions, the case reiterates the problem of insufficiently developed disciplines on export restrictions on strategic minerals and other commodities in WTO law. EC – Seals Products is a landmark case for two reasons. Firstly, it limits the application of the Agreement on Technical Barriers to Trade (TBT Agreement) resulting henceforth in a narrow reading of technical regulations. Normative rules prescribing conditions for importation are to be dealt with under the rules of the General Agreement on Tariffs and Trade (GATT) instead. Secondly, the ruling permits recourse to public morals in justifying import restrictions essentially on the basis of process and production methods (PPMs). Meanwhile, the more detailed implications for extraterritorial application of such rules and for the concept of PPMs remain open as these key issues were not raised by the parties to the case. Peru – Agricultural Products adds to the interpretation of the Agreement on Agriculture (AoA), but most importantly, it confirms the existing segregation of WTO law and the law of free trade agreements. The case is of particular importance for Switzerland in its relations with the European Union (EU). The case raises, but does not fully answer, the question whether in a bilateral agreement, Switzerland or the EU can, as a matter of WTO law, lawfully waive their right of lodging complaints against each other under WTO law within the scope of their bilateral agreement, for example the Agreement on Agriculture where such a clause exists.

Forests and water: Managing interrelations

Due to their biodiversity, forests generate a range of products and services that are of economic, social or cultural value to human beings. Natural resource management provisions should ensure the creation and maintenance of these goods and services in the long term. However, unsustainable management practices of forests do not only generate short-term benefits but also considerable costs for society. Payment by the beneficiaries of the services would enable us to internalise external costs and promote sustainable management. Two days of conferences on ”Forest and water”, on the multifunctionality of forests, on interactions between forests and water, on sustainable resource management, on payments for environmental services, their institutional and economic perspectives, were the basis of this brochure which presents an in-depth analysis of the information exchanged among conference participants and the public. It is intended for readers who work in international development cooperation and assistance in Switzerland and abroad. It offers additional information for local programmes in the field and at policy level.

The movement toward patient safety: State action related to reporting and disclosure of healthcare-associated infections

Increasing attention has been given to the problem of medical errors over the past decade. Included within that focused attention has been a strong interest in reducing the occurrence of healthcare-associated infections (HAIs). Acting concurrently with federal initiatives, the majority of U.S. states have statutorily required reporting and public disclosure of HAI data. Although the occurrence of these state statutory enactments and other state initiatives represent a recognition of the strong concern pertaining to HAIs, vast differences in each state’s HAI reporting and public disclosure requirements creates a varied and unequal response to what has become a national problem.^ The purpose of this research was to explore the variations in state HAI legal requirements and other state mandates. State actions, including statutory enactments, regulations, and other initiatives related to state reporting and public disclosure mechanisms were compared, discussed, and analyzed in an effort to illustrate the impact of the lack of uniformity as a public health concern.^ The HAI statutes, administrative requirements, and other mandates of each state and two U.S. territories were reviewed to answer the following seven research questions: How far has the state progressed in its HAI initiative? If the state has a HAI reporting requirement, is it mandatory or voluntary? What healthcare entities are subject to the reporting requirements? What data collection system is utilized? What measures are required to be reported? What is the public disclosure mechanism? How is the underlying reported information protected from public disclosure or other legal release?^ Secondary publicly available data, including state statutes, administrative rules, and other initiatives, were utilized to examine the current HAI-related legislative and administrative activity of the study subjects. The information was reviewed and analyzed to determine variations in HAI reporting and public disclosure laws. Particular attention was given to the seven key research questions.^ The research revealed that considerable progress has been achieved in state HAI initiatives since 2004. Despite this progress, however, when reviewing the state laws and HAI programs comparatively, considerable variations were found to exist with regards to the type of reporting requirements, healthcare facilities subject to the reporting laws, data collection systems utilized, reportable measures, public disclosure requirements, and confidentiality and privilege provisions. The wide variations in state statutes, administrative rules, and other agency directives create a fragmented and inconsistent approach to addressing the nationwide occurrence of HAIs in the U.S. healthcare system. ^

Development of a conceptual model for mass gatherings

In making the arrangements for the visit of Pope John Paul II to San Antonio, Texas, in September, 1987, it was discovered that no comprehensive documents or guidelines are available in the public sector for planning such an event. It was not clear which, if any, laws applied. The literature describes rock concerts, papal masses, and civil disorders. These events are held in stadia, and in the open. There was little agreement on what services, if any, were needed to protect the public's health and the environment; or if needed, how services should be provided, or by whom.^ A literature review and bibliography are given to provide greater understanding of the variety of mass gatherings and the many factors that impinge on temporary groups while away from their homes. Descriptions of past mass gatherings in terms of personnel ratios are provided. This study develops a conceptual model which delineates some of the known parameters necessary for successfully conducting a mass gathering. A study of one such site is given.^ Provisions for public wellness and freedom from disease at a mass gathering include adequate water (fluids), food, sanitary facilities, security, transportation, and medical services. The determination of adequacy of these provisions is discussed. Methods of determining the use of provided facilities are given. ^

THE EFFECTS OF COST-SHARING ON USE OF SERVICES AND CONSUMER CHARACTERISTICS IN A STATE'S CRIPPLED CHILDREN'S DIVISION

The present study analyzed some of the effects of imposing a cost-sharing requirement on users of a state's health service program. The study population consisted of people who were in diagnosed medical need and included, but was not limited to, people in financial need.^ The purpose of the study was to determine if the cost-sharing requirement had any detrimental effects on the service population. Changes in the characteristics of service consumers and in utilization patterns were analyzed using time-series techniques and pre-post policy comparisons.^ The study hypotheses stated that the distribution of service provided, diagnoses serviced, and consumer income levels would change following the cost-sharing policy.^ Analysis of data revealed that neither the characteristics of service users (income, race, sex, etc.) nor services provided by the program changed significantly following the policy. The results were explainable in part by the fact that all of the program participants were in diagnosed medical need. Therefore, their use of "discretionary" or "less necessary" services was limited.^ The study's findings supported the work of Joseph Newhouse, Charles Phelps, and others who have contended that necessary service use would not be detrimentally affected by reasonable cost-sharing provisions. These contentions raise the prospect of incorporating cost-sharing into programs such as Medicaid, which, at this writing, do not demand any consumer payment for services.^ The study concluded with a discussion of the cost-containment problem in health services. The efficacy of cost-sharing was considered relative to other financing and reimbursement strategies such as HMO's, self-funding, and reimbursement for less costly services and places of service. ^

A Case Study of an Agency's Three Family Preservation Contracts

This article presents a case study of a nonprofit child welfare agency that delivered family preservation services under three different purchase-of-service (POS) contracts. The research specifically focuses on how certain POS contract provisions and reimbursement rates influence the delivery of family preservation services. The three contacts examined differed on criteria, such as reimbursement mechanism, service volume, definition of clientele, and reimbursement rate. The study found that as reimbursement rates decline and as administrative costs increase, the service provider struggled with cash flow, staffing, fundraising, and service provision, among other things. It is concluded that contract-related resources, policies, and procedures impact provider agencies in multiple, significant ways that are critical to the provision of services and the accomplishment of positive client outcomes.

An Overview of Abortion Laws

Since the Supreme Court handed down its 1973 decisions in Roe v. Wade and Doe v. Bolton, states have constructed a lattice work of abortion law, codifying, regulating and limiting whether, when and under what circumstances a woman may obtain an abortion. The following table highlights the major provisions of these state laws. More detailed information can be found by selecting the table column headings in blue. Except where noted, the laws are in effect, although they may not always be enforced.

Las redes étnicas en la emigración : los gallegos en Buenos Aires

En este trabajo analizaremos los lazos sociales mantenidos y generados por los inmigrantes gallegos en el Buenos Aires tardo colonial, con otros familiares y paisanos instalados en la capital virreinal o en la tierra natal. Tomaremos en consideración los aportes del Análisis de Redes a los estudios migratorios y a partir de ello identificaremos las redes étnicas y los mecanismos sociales que las activaron. Nos basaremos en un conjunto variado de fuentes (las actas matrimoniales, las sucesiones testamentarias, los padrones de habitantes y expedientes varios localizados en el Archivo General de la Nación Argentina) que nos permitirán examinar las diferentes vías (el ejercicio comercial, los matrimonios, el temprano asociacionismo, las disposiciones testamentarias, entre otras) a través de las cuales los inmigrantes establecieron los contactos sociales en cuestión. De este modo, constataremos el componente afectivo e identificatorio que pudo orientar los lazos étnicos y su importante funcionalidad instrumental, en un contexto donde el inmigrante necesitaba garantizar su integración en la sociedad de acogida. El estudio también pondrá de manifiesto que, sin llegar a constituirse en un “grupo cerrado", los oriundos de Galicia reforzaron sus vínculos entre sí, cuando fue posible.

El DOI en las revistas científicas del portal SciELO

Se presenta una descripción del portal de revistas científicas SciELO y del identificador DOI a través de su alcance, año de creación, historia, administración, normativa, estructura, ISBN-A y fuentes de consulta. Se brinda información acerca de la aplicación del DOI en las citas bibliográficas: en los estilos APA y Vancouver y en las normas ISO 690 (ISO, 2010) y ABNT 6023 (ABNT, 2002). El trabajo se propuso explorar el grado de implementación del DOI en las revistas científicas disponibles en SciELO, identificar el lugar de visualización del DOI, conocer la cantidad de editores según el prefijo DOI, determinar la cantidad de títulos de revistas que incluyen en el sufijo el código ISSN e identificar grado de aplicación del DOI en los estilos y en las normas de citas bibliográficas disponibles dentro de SciELO. Se aplicó una metodología descriptiva donde los datos fueron recolectados a través de la observación directa de las páginas web de las 898 revistas vigentes disponibles entre los meses de diciembre de 2012 y enero de 2013 en el portal SciELO. Se concluye que: menos del 50 de los países que conforman SciELO en la actualidad están empleando el DOI en sus publicaciones; el código se visualiza fundamentalmente en los archivos HTML; sólo 30 de los 929 editores lo implementaron y que en la mayoría de los casos se incluye el ISSN dentro del sufijo del identificador y que, si bien SciELO utiliza el DOI en la totalidad de las citas de sus artículos, no lo hace en forma estricta tal como lo establecen las normas y los estilos

El conflicto de los españoles ante el proceso de emancipación : Los casos del Río de La Plata y México en los albores del siglo XIX

Las guerras de independencia en Latinoamérica y el consecuente proceso de construcción de la nación, representaron para los españoles una inestabilidad manifestada, en diversos grados de intensidad, en los países emergentes. La intención de este trabajo es presentar, a manera de contraste, las medidas que los gobiernos de dos territorios disímbolos, más no extraños, como son México y el Río de la Plata, adoptaron en contra de los peninsulares para legitimarse. Las posturas de ambos gobiernos reflejan las relaciones y afrentas que cada país guardaba con sus otrora conquistadores y los niveles de dependencia hacia la comunidad ibérica que hacían inoperables, en muchos de los casos, la intención de agraviar sus privilegios. Por tanto se pretende mostrar las vicisitudes, los paralelismos y las discrepancias que estos países presentan en sus disposiciones frente a los españoles.