O resseguro no Direito Internacional

O estudo descreve o resseguro no âmbito do Direito Internacional, partindo da constatação da pulverização dos riscos através do mercado global para abordar temas relevantes, tais como: a diferenciação entre resseguro internacional e contrato internacional de resseguro, os usos e costumes internacionalmente aceitos e a autonomia da vontade das partes como fundamento aos contratos de resseguro. São perquiridas também as fontes do direito ressecuritário no âmbito internacional. As relações jurídicas entre Estado e resseguradores e as relações contratuais entre seguradores e resseguradores devem ser regidos pela máxima boa-fé. Essa abordagem reporta-se a princípios consagrados no Direito Internacional do Investimento como padrão de referência para a regulação da atividade ressecuritária e como limite à intervenção dos Estados Descreve-se ainda o resseguro no Brasil, traçando um histórico evolutivo do monopólio à abertura do mercado e constatando algumas iniciativas nacionais do uso do seguro e do resseguro como ferramenta de atração e proteção de investimentos.

L'Aufklärung kantienne : une quête d'autonomie

Michel Foucault fait remarquer qu’il y a dans la conception des Lumières européennes une tension entre la « croissance de l’autonomie » et la « croissance des capacités » par la science et la technique (Foucault, 1994, p. 83). Or, dans « Qu’est-ce que les Lumières? », Kant privilégie clairement le premier volet, l’autonomie, tel qu’en témoigne sa définition : « sortie de l’homme de l’état de minorité, où il se maintient par sa propre faute ». Force lui est toutefois d’admettre que l’autonomie qui s’exprime dans le « penser par soi-même » nécessite un accès à l’espace public, car la liberté de pensée implique la possibilité de publier ses opinions et de penser avec autrui. Le texte de Kant évoque donc les conditions politiques permettant un libre accès au « public des lecteurs ». Il importe ainsi que le despote éclairé, en l’occurrence Frédéric le Grand, gouverne à tout le moins dans un esprit républicain en maintenant un espace public exempt de censure. Il importe en outre qu’il s’abstienne d’intervenir en matière religieuse. Ce n’est pas un hasard si le thème de la liberté de conscience religieuse occupe une large place dans le texte de Kant, car la tentation est grande pour l’autorité politique de bafouer cette liberté et d’instrumentaliser la religion à des fins politiques.

A pilot test on the differences between domestic and international students’ perceptions towards online learning in a Malaysian institution (Part I)

Teaching to an international audience online can be significantly different as compared to a traditional classroom setting. In a traditional classroom setting, the students are usually removed from their own cultural context and required to operate in the lecturer’s context. International students coming to Malaysia to study are implicitly expected to, and often do, become familiar with the Malaysian culture and style of education. The use of educational technologies as a blended strategy in higher education programs offers challenges and opportunities for all students but this may be different for international students who come from varied backgrounds. With an increasingly competitive global demand for higher education, Malaysian institutions strive to be the hub of educational excellence and a preferred option for international students in coping with the challenges of studying abroad in a different culture. This research will evaluate how undergraduate students perceive their online learning experiences in a Malaysian university. The OLES (Online Learning Environment Survey) will be used to explore the international and domestic students’ perception on e-learning and the findings of the first six OLES scales varying from (Computer Usage, Teacher Support, Student Interaction & Collaboration, Personal Relevance, Authentic Learning, and Student Autonomy) will be reported in this research. An in-depth study will be conducted to compare and contrast the challenges of international students with domestic students. Major difficulties encountered and how these students actually cope with e-learning, as well as the strategies and tools used to overcome the challenges will be investigated.

Student autonomy enhancing science learning : Observations from a Primary Connections implementation

This case study involved a detailed analysis of the changes in beliefs and teaching practices of teachers who adopted the Primary Connections program as a professional development initiative. When implementing an inquiry-based learning model, teachers observed that their students learnt more when they intervened less. By scaffolding open-ended nquiries they achieved more diverse, complex and thorough learning outcomes than previously achieved with teacher-led discussions or demonstrations. Initially, student autonomy presented erceived threats to teachers, including possible selection of topics outside the teachers’ science knowledge. In practice, when such issues arose, resolving them became a stimulating part of the earning for both teachers and students. The teachers’ observation of enhanced student learning became a powerful motivator for change in their beliefs and practices. Implications for developers of PD programs are (1) the importance of modeling student-devised inquiries, and (2) recognising the role of successful classroom implementation in facilitating change.

Feminist ethics and menopause : autonomy and decision-making in primary medical care

The construction of menopause as a long-term risk to health and the adoption of discourses of prevention has made necessary a decision by women about medical treatment; specifically regarding the use of hormone replacement therapy. In a study of general practitioners’ accounts of menopause and treatment in Australia, women's ‘choice’, ‘informed decision-making’ and ‘empowerment’ were key themes through which primary medical care for women at menopause was presented. These accounts create a position for women defined by the concept of individual choice and an ethic of autonomy. These data are a basis for theorising more generally in this paper. We critically examine the construct of ‘informed decision-making’ in relation to several approaches to ethics including bioethics and a range of feminist ethics. We identify the intensification of power relations produced by an ethic of autonomy and discuss the ways these considerations inform a feminist ethics of decision-making by women. We argue that an ‘ethic of autonomy’ and an ‘offer of choice’ in relation to health care for women at menopause, far from being emancipatory, serves to intensify power relations. The dichotomy of choice, to take or not to take hormone replacement therapy, is required to be a choice and is embedded in relations of power and bioethical discourse that construct meanings about what constitutes decision-making at menopause. The deployment of the principle of autonomy in medical practice limits decision-making by women precisely because it is detached from the construction of meaning and the self and makes invisible the relations of power of which it is a part.

“I have to rest all the time because you are not allowed to play”: Exploring children’s perceptions of autonomy during sleep-time in long day care services

Daytime sleep is a significant part of the daily routine for children attending early childhood education and care (ECEC) services in Australia and many other countries. The practice of sleep-time can account for a substantial portion of the day in ECEC and often involves a mandated sleep/rest period for all children, including older preschool-aged children. Yet, there is evidence that children have a reduced need for daytime sleep as they approach school entry age and that continuation of mandated sleep-time in ECEC for preschool-aged children may have a negative impact on their health, development, learning and well-being. Mandated sleep-time practices also go against current quality expectations for services to support children’s agency and autonomy in ECEC. This study documents children’s reports of their experiences of sleep-time in ECEC. Semi-structured interviews were conducted with 54 preschool-aged children (44–63 months) across four long day ECEC services that employed a range of sleep-time practices. Findings provide a snapshot of children’s views and experiences of sleep-time and perceptions of autonomy-supportive practices. These provide a unique platform to support critical reflection on sleep-time policies and practices, with a view to continuous quality improvement in ECEC. This study forms part of a programme of work from the Sleep in Early Childhood research group. Our work examines sleep practices in ECEC, the subsequent staff, parent and child experiences and impacts on family and child learning and development outcomes.

‘Nothing will prevent me from doing a good job’. The professionalisation of part-time teaching staff in further and adult education

Approximately 85,000 part-time teaching staff working in further education (FE) and adult and community learning (ACL) are often seen as ‘a problem’. The intrinsic ‘part-timeness’ of these staff tends to marginalise them: they remain under-recognised and largely unsupported. Yet this picture is over-simplified. This article examines how part-time staff make creative use of professional autonomy and agency to mitigate problematic ‘casual employment’ conditions, reporting on results from Learning and Skills Development Agency-sponsored research (2002–2006) with 700 part-time staff in the learning and skills sector. The question of agency was reported as a key factor in part-time employment. Change is necessary for the professional agency of part-timers to be harnessed as the sector responds to ambitious sectoral ‘improvement’ agendas following the Foster Report and FE White Paper. Enhanced professionalisation for part-time staff needs greater recognition and inclusion in change agendas.

Autonomy and the socialisation of architects

The socio-cultural production of architects' identities, and their professional personas, is a lively source of continuing debate. At one extreme, there is the claim to autonomy that highlights the distinctiveness of architecture and its cultural and disciplinary specificity. This view is challenged by those who emphasise architects' dependence, for acting and actions, on their embeddedness into collective, social, settings and relationships. In the paper, we consider what it may mean to be ‘autonomous of’ and ‘dependent on’ in relation to the actions of architects. There is limited specification in architectural writings about what autonomy and dependence are, and we suggest that there is a need not to discount such terms, but to reformulate them by recognising that the socially constructed self is an integral part of individual action. In this respect, we seek to amplify, and evaluate, the concept of relational autonomy that distances the notion of autonomy from individualistic, under-socialised, accounts of architects and their practices. Referring to three empirical examples of practice, we amplify this understanding by, first, outlining what a relational autonomous approach to architecture might entail, and, secondly, assessing how far it may enable a conception of the practices of architects in ways whereby, following Tony Fry's observations, they are conceived as much broader than ‘the specificity of any particular activity’ that expresses their existence.

The eagle and the starlings: Galileo's argument for the autonomy of science-how pertinent is it today?

After Galileo's argument for the autonomy of science is analysed and adapted to take into account later developments of scientific practices, we conclude that, in the final analysis, it is not compelling. Nevertheless, Galileo's argument still provides a useful point of reference, for aspects of it can be interpreted to anticipate central components of the often acclaimed ideal of science as value free, so that appraising it contributes to the larger purpose of exploring how well that ideal stands up today. Finally, we will argue that residue from Galileo's struggle with the Church remains with us, making it difficult to identify the conditions that would need to be put into place today for any robust sense of the autonomy of science to be defensible. (C) 2011 Elsevier Ltd. All rights reserved.

Struggling for Educational Autonomy: The Significance of Schooling in New Mexico's Transition to Statehood

Thesis (Master's)--University of Washington, 2016-06

Autonomy and authority in the lives of children who work as domestic servants in Ghana

Limited literature exists on Ghana's child domestic servants, and researchers have found it difficult to locate and study these children. The research for this dissertation used qualitative research methodologies and non-probabilistic sampling techniques to make it possible to interview child domestic servants, their parents, employers and recruiters in Ghana. The findings from the qualitative analyses informed the second part of this study, which was quantitative and tested hypotheses using crosstabulations and logistic regression analyses that were based on survey data from the Ghana Statistical Service. Explanatory variables in the quantitative analyses included lineage, level of education and relationships to the household head. ^ This study located findings about the processes of children's recruitment into domestic servitude, their working conditions and methods of remuneration in theories of slavery to answer the question of whether or not child domestic servants are slaves. According to the findings, elite households in Ghana exploit children from rural regions because they have taken advantage of a historical practice that allowed children to live with older members of their extended families to provide domestic services and in return, be given the chance to receive formal education or to learn a trade. The participants in the qualitative part of this research described the treatments that they receive from their employers as slavery. Nevertheless, the processes of their recruitment and the age at which most of them accepted such job offers made it difficult to categorize a majority of them as contemporary slaves. ^

Introduction: dispersed minorities and non-territorial autonomy

The concept of non-territorial autonomy gives rise to at least two important questions: the range of functional areas over which autonomy extends, and the extent to which this autonomy is indeed non-territorial. A widely used early description significantly labelled this ‘national cultural autonomy’, implying that its focus is mainly on cultural matters, such as language, religion, education and family law. In many of the cases that are commonly cited, ‘autonomy’ may not even extend this far: its most visible expression is the existence of separate electoral registers or quotas for the various groups. Part of the dilemma lies in the difficulty of devolving substantial power on a non-territorial basis: to the extent that devolved institutions are state-like, they ideally require a defined territory. Ethnic groups, however, vary in the extent to which they are territorially concentrated, and therefore in the degree to which any autonomous arrangements for them are territorial or non-territorial. This article explores the dilemma generated by this tension between ethnic geography (pattern of ethnic settlement) and political autonomy (degree of selfrule), and introduces a set of case studies where the relationship between these two features is discussed further: the Ottoman empire and its successor states, the Habsburg monarchy, the Jewish minorities of Europe, interwar Estonia, contemporary Belgium, and two indigenous peoples, the Sa´mi in Norway and the Maori in New Zealand.

Professional Autonomy. Key Competence for Teachers in Commercial Education

The way in which the teaching autonomy is materialized, considered as part of the path traveled by the teaching community on their way to become owners of the disciplinary knowledge and the required pedagogical competencies to practice their role has motivated this paper.  For success, Commercial Education requires the urgent transformation of the teaching role and the development of key competences to promote interdisciplinary integration, academic and administrative leadership and the use of contemporary pedagogies.  The level of awareness reached by the teaching group about the impact of the learning that is promoted within the educational context will allow the empowerment of the knowledge that comes from the relationship between theory and practice-key element for professional autonomy.