Las garantías de los derechos en las constituciones de Bolivia y Ecuador (Tema Central)

Las recientemente promulgadas constituciones ecuatoriana y boliviana imponen nuevos paradigmas en lo que concierne a la interpretación y aplicación de los derechos fundamentales, y como no podía ser de otra manera, lo hacen igualmente con respecto a las garantías que los tutelan. Este artículo analiza las tensiones que se generan en la denominada aplicación directa de la Constitución y sus significaciones en el plano operativo (obligaciones para jueces y demás autoridades y funcionarios públicos), realiza un estudio de las garantías jurisdiccionales en Ecuador en comparación con las previstas en Bolivia, y advierte de los peligros que implica una interpretación errada de la naturaleza de estas acciones.

Consumer guarantees in Australia : putting an end to the blame game

The focus of this article is on the proposed consumer guarantees component of the Australian Consumer Law. The Productivity Commission (PC), in its review of Australia’s Consumer Policy Framework, noted that it had not ‘undertaken the detailed analysis necessary to reach a judgment on the adequacy or otherwise of the existing regulation in this area, or the merits of alternative models such as those adopted in countries such as New Zealand’. Accordingly, it recommended that: ‘The adequacy of existing legislation related to implied warranties and conditions should be examined as part of the development of the new national generic consumer law’.

Consumer guarantees and the supply of educational services by higher education providers

The higher education sector is undergoing a number of significant changes, the implications of which have yet to emerge. One such change is the increasing reliance by higher education providers on the revenue generated by full fee paying international students to fund their operating expenses. The report by the Victorian Ombudsman, Investigation into how Universities Deal with International Students ('Victorian Ombudsman's Report') tabled in the Victorian Parliament on 27 October 2011, provides evidence that Australian higher education providers may be failing to meet their legal obligations to international students. The Victorian Ombudsman's Report is the result of an investigation into four Victorian universities teaching international students with a focus on accounting and nursing schools. The report contains evidence that the universities were admitting students with scores below, or at the lower end of, the International English Language Testing System ('IELTS') score considered acceptable. Alternatively, they were relying upon their own language testing admission standards and not on an independent test like the IELTS test. While the universities provided English language support services for their international students after they had been admitted, the Ombudsman was concerned that the universities 'have not dedicated sufficient resources to meet the level of need amongst international students'.

Improving the ability of guarantors to make a real choice : lenders' practices in taking third party guarantees

This article considers recent cases on guarantees of business loans to identify the lending practices that led the court to set aside the guarantee as against the creditor on the basis that the creditor had engaged in unconscionable conduct. It also explores the role of industry codes of practice in preventing unconscionable conduct, including whether there is a correlation between commitment to an industry code and higher standards of lending practices; whether compliance with an industry code would have produced different outcomes in the cases considered; and whether lenders need to do more than comply with an industry code to ensure their practices are fair and reasonable.

Bank guarantees and the reasonable expectations of beneficiaries

A bank guarantee has traditionally been viewed as a cash equivalent. This view is supported by the operation of the autonomy principle. However, the autonomy principle is subject to certain recognised exceptions both at common law and under statute. One of these exceptions is commonly referred to as the negative stipulation or underlying contract exception. In recent times the operation of this particular exception has given rise to a wealth of case law. This article examines whether this recent case law appropriately recognises the reasonable expectations of the beneficiary of a bank guarantee that a bank guarantee should function not only as a security but as a risk allocation device.

The effect of traffic shaping in efficiently providing end-to-end performance guarantees

This paper reports new results concerning the capabilities of a family of service disciplines aimed at providing per-connection end-to-end delay (and throughput) guarantees in high-speed networks. This family consists of the class of rate-controlled service disciplines, in which traffic from a connection is reshaped to conform to specific traffic characteristics, at every hop on its path. When used together with a scheduling policy at each node, this reshaping enables the network to provide end-to-end delay guarantees to individual connections. The main advantages of this family of service disciplines are their implementation simplicity and flexibility. On the other hand, because the delay guarantees provided are based on summing worst case delays at each node, it has also been argued that the resulting bounds are very conservative which may more than offset the benefits. In particular, other service disciplines such as those based on Fair Queueing or Generalized Processor Sharing (GPS), have been shown to provide much tighter delay bounds. As a result, these disciplines, although more complex from an implementation point-of-view, have been considered for the purpose of providing end-to-end guarantees in high-speed networks. In this paper, we show that through ''proper'' selection of the reshaping to which we subject the traffic of a connection, the penalty incurred by computing end-to-end delay bounds based on worst cases at each node can be alleviated. Specifically, we show how rate-controlled service disciplines can be designed to outperform the Rate Proportional Processor Sharing (RPPS) service discipline. Based on these findings, we believe that rate-controlled service disciplines provide a very powerful and practical solution to the problem of providing end-to-end guarantees in high-speed networks.

Distributed load adaptive scheduling for throughput and delay guarantees in fading wireless LANs

We consider a problem of providing mean delay and average throughput guarantees in random access fading wireless channels using CSMA/CA algorithm. This problem becomes much more challenging when the scheduling is distributed as is the case in a typical local area wireless network. We model the CSMA network using a novel queueing network based approach. The optimal throughput per device and throughput optimal policy in an M device network is obtained. We provide a simple contention control algorithm that adapts the attempt probability based on the network load and obtain bounds for the packet transmission delay. The information we make use of is the number of devices in the network and the queue length (delayed) at each device. The proposed algorithms stay within the requirements of the IEEE 802.11 standard.

Rigorous finite-time guarantees for optimization on continuous domains by simulated annealing

Simulated annealing is a popular method for approaching the solution of a global optimization problem. Existing results on its performance apply to discrete combinatorial optimization where the optimization variables can assume only a finite set of possible values. We introduce a new general formulation of simulated annealing which allows one to guarantee finite-time performance in the optimization of functions of continuous variables. The results hold universally for any optimization problem on a bounded domain and establish a connection between simulated annealing and up-to-date theory of convergence of Markov chain Monte Carlo methods on continuous domains. This work is inspired by the concept of finite-time learning with known accuracy and confidence developed in statistical learning theory.

Civil framework of the Internet : Law n°. 12.965, of April 23, 2014, which establishes the principles, guarantees, rights and duties for use of the Internet in Brazil

Traz atualizado o texto do Marco Civil Brasileiro da Internet, a Lei nº 12.965, de 23 de abril de 2014.

Simulated Annealing: Rigorous finite-time guarantees for optimization on continuous domains

Simulated annealing is a popular method for approaching the solution of a global optimization problem. Existing results on its performance apply to discrete combinatorial optimization where the optimization variables can assume only a finite set of possible values. We introduce a new general formulation of simulated annealing which allows one to guarantee finite-time performance in the optimization of functions of continuous variables. The results hold universally for any optimization problem on a bounded domain and establish a connection between simulated annealing and up-to-date theory of convergence of Markov chain Monte Carlo methods on continuous domains. This work is inspired by the concept of finite-time learning with known accuracy and confidence developed in statistical learning theory.

Providing Soft Bandwidth Guarantees Using Elastic TCP-based Tunnels

The best-effort nature of the Internet poses a significant obstacle to the deployment of many applications that require guaranteed bandwidth. In this paper, we present a novel approach that enables two edge/border routers-which we call Internet Traffic Managers (ITM)-to use an adaptive number of TCP connections to set up a tunnel of desirable bandwidth between them. The number of TCP connections that comprise this tunnel is elastic in the sense that it increases/decreases in tandem with competing cross traffic to maintain a target bandwidth. An origin ITM would then schedule incoming packets from an application requiring guaranteed bandwidth over that elastic tunnel. Unlike many proposed solutions that aim to deliver soft QoS guarantees, our elastic-tunnel approach does not require any support from core routers (as with IntServ and DiffServ); it is scalable in the sense that core routers do not have to maintain per-flow state (as with IntServ); and it is readily deployable within a single ISP or across multiple ISPs. To evaluate our approach, we develop a flow-level control-theoretic model to study the transient behavior of established elastic TCP-based tunnels. The model captures the effect of cross-traffic connections on our bandwidth allocation policies. Through extensive simulations, we confirm the effectiveness of our approach in providing soft bandwidth guarantees. We also outline our kernel-level ITM prototype implementation.