Suchergebnisse

Law and bioethics / Sandra H. Johnson, Ana S. Iltis, Barbara A. Hinze -- A review of current issues in the regulation of human-subject research in the United States / Jesse A. Goldner -- Financial conflicts of interest in human subjects research : domestic and international issues / Robert Gatter -- The role and legal status of health care ethics committees in the U.S. / Diane E. Hoffman and Anita J. Tarzian -- What's wrong with health privacy? / Nicholas P. Terry -- Health care and the human genome : regulatory challenge and response / Roberta M. Berry -- Bioethics issues surrounding the beginning of life : legal aspects in the U.S. / Robyn S. Shapiro -- Acquiring and allocating human organs for transplant : U.S. law / Bethany J. Spielman -- End of life legal issues in the U.S. / John Robinson -- Pediatrics, the law, and bioethics / Susan E. Zinner -- Health care decisions for the elderly / Marshal B. Kapp -- Legal regulation of genetic testing : balancing privacy and family interests / Loane Skene -- Assisted reproduction in Ireland / Deirdre Madden -- Canadian legal perspectives in bioethics / Bernard M. Dickens -- Bioethics and New Zealand health law / P.D.G. Skegg -- Bioethics in the developing world / Udo Schuklenk

The refugee crisis has shaped a new perception of the migration reality in Europe. The ramifications of its impact on European integration are visible and enduring. The EU's response has included a certain strategic perspective, albeit weighed down by an excess of eurocentrism and a security perception that does not take third countries' interests into balanced account. The major economic effort being made supports a far-reaching strategy, only now beginning to be outlined, to promote economic evelopment in the countries of origin and transit of migrants. Additionally, issues such as the monitoring of respect for migrants' human rights have not yet been suitably globally defined in this strategy. Although the behaviour and response capacity of the EU and its Member States can be assessed in different ways, the truth is that the migration debate has decisively wayed a block of countries that are openly reluctant to engage in intra-European solidarity and accept the new realities and responsibilities entailed by the refugees already present and yet to come to Europe. This position is very negative in the medium and long term, since, as noted, the crisis has also underscored the permanence of migration trends and flows and the consolidation of the routes or gates of entry to Europe. This contribution considers the vulnerability of the European borders designed and in operation in the Schengen Area. The internal borders were the most affected at the start of the migration crisis and are likely to be marked by current regulatory changes, which tend to allow exceptionality as a relatively common occurrence in the European 'federal' area of free movement. Nevertheless, the resilience of this system of the absence of internal border controls in the 'federal' area of free movement is undeniable. The impact on the EU's external borders has been even greater, as it has shown once and for all that, more than fragile or vulnerable, some border controls, such as the sea border ones, are not practicable, especially those on Europe's southern sea borders. It is precisely this infeasibility of border control in marine areas that leads to the accentuation of certain trends on Europe's external borders, such as the externalization of migration controls. New regulatory and strategic planning developments confirm this trend, as well as the current concern for deploying an integrated external border management system. With regard to the phenomenon known as the 'externalization' of migration controls, the literature considers it to refer to EU actions aimed at reducing, sorting and controlling migration flows with the consent of third states in relations that are, by definition, asymmetrical. This article has addressed the different situations that arise, highlighting the advisability of differentiating between externalizing migration policy, on the one hand, and extraterritorial action concerning migration control, on the other. In search of greater conceptual accuracy, the term 'deterritoriality' has been used, as it is more neutral than the other terms mentioned insofar as it evokes the idea of positioning outside the territory certain border control and migration policy functions, to be carried out by other states or by the state itself. Since these are situations and actions linked to migration and border control, they should be conceptually situated outside the territory; the deterritoriality option hypothetically makes it possible to encompass both the externalization and the extraterritoriality of border control functions concerning migration. To this end, this article has focused on the various notions and activities that might be discussed in relation to the 'externalization' and the 'extraterritoriality' of migration controls and border functions, terms that, in sum, refer to migration control and management activities outside the territory, carried out by public officials of the EU states or by third states. On the one hand, externalization is considered to refer to the management and control of migration flows, the activities of adopting agreements, programmes, action plans and measures to encourage third states to monitor their own borders and migration flows in order to control, restrict or impede physical access to the territory of the EU states, accepting the placement in their territory, or the rejection, of refugees and migrants from other states. It does not involve the presence of or direct exercise of control activities by public officials of the EU Member States. In fact, outside European territory it is highly debatable that states are strictly performing border control unctions, as it is an area that may more accurately fall within the more generic field of migration flow control linked to migration policy and European external action. On the other hand, extraterritorialization is understood to entail the performance of border control functions by states themselves outside their own territory. This case should involve the presence of or exercise by Member State public officials of some (effective) border control activities or functions in areas without state jurisdiction or in the territory of third states, with their consent. We are witnessing a change in the very concept of border in this post-globalization era, in which certain functions are offshored and systematically placed outside a state's territory and checkpoints. However, territorial and extraterritorial actions must be differentiated from those occurring as part of external actions in or with third states for the purposes of migration policy and the control of migration flows. The reality is that a new border space south and east of the Mediterranean has been configured for migratory flows, which needs a new policy of external borders for these areas. Therefore, we must reflect on new frontier spaces, with new concepts and approaches to the border that provide other parameters of action towards migratory flows and external controls. Today, the Union needs new instruments and concepts for these new realities, especially so as not to lose sight of the fact that, when it comes to tackling crises such as those related to migration and the rights of foreigners approaching or entering its territory and jurisdiction, Europe is a rational construct entailing a project for civilizational progress. As such, it must permanently incorporate its values and respect for human rights in all its policies, regulatory measures and actions with foreigners and third states, both on its own external borders and beyond them. This is essential for the identity and objectives of the European integration, and for the projection of the EU security, solidarity and values in accordance with the International and European Human Rights Law.

The way cyberspace is conceptualized in security discourses shapes strategies, tools and possible solutions developed within the ICT security debate. Putting forward processual ontology of cyberspace helps in apprehending the unique dynamics of this new domain arising from the intersection of ICT with social and political phenomena. Cyberspace is presented as a process of data transmission and information cognition/processing in the digital domain. It contains time as an inherent dimension and includes all subjects and objects of this process: data (codes, packets, files, texts), information (structured or operationalized data), human and computer agents (people, software) and communication environment (hardware, protocols). Processual ontology is based on the fact that ICT is a man-made realm with almost unlimited potential to expand, where physical distance is lapsed and bits are the primary matter. This theoretical stance blurs the line between human and non-human agents, dehumanizing the idea of actorness by categorizing both humans and computers as actors. Finally, processual ontology of cyberspace promotes resilience strategies both in the private sector as well as on national and international level.

Part 6: Poster Papers ; International audience ; This paper aims to understand the role of actors in the adoption of emerging Information and Communications Technologies (ICT) using ActorNetwork Theory (ANT). The use of ANT helps to identify a diverse range of actors and their role and influence in the dynamic process of emerging ICT's adoption in UK Small and Medium Enterprises (SMEs). This study adopts a qualitative approach to investigate how UK services SMEs are engaged in emerging ICT adoption by focusing on the role of actors in the process. Data were gathered through unstructured and semi-structured interviews with managers, IT experts, government agencies, and customers. Using ANT, the roles of various human and non-human actors at a four-stage dynamic adoption process are examined. The findings reveal the critical and dynamic roles of various actors in the socio-technical network. Although SME managers play the decisional role in emerging ICT adoption, their views and decisions are constantly influenced by various other human and non-human factors. The roles and interactions of all actors are dynamic depending on the adoption stages.

International audience ; Deep sequencing was used to discover a novel rhabdovirus (Bas-Congo virus, or BASV) associated with a 2009 outbreak of 3 human cases of acute hemorrhagic fever in Mangala village, Democratic Republic of Congo (DRC), Africa. The cases, presenting over a 3-week period, were characterized by abrupt disease onset, high fever, mucosal hemorrhage, and, in two patients, death within 3 days. BASV was detected in an acute serum sample from the lone survivor at a concentration of 1.09610 6 RNA copies/mL, and 98.2% of the genome was subsequently de novo assembled from ,140 million sequence reads. Phylogenetic analysis revealed that BASV is highly divergent and shares less than 34% amino acid identity with any other rhabdovirus. High convalescent neutralizing antibody titers of .1:1000 were detected in the survivor and an asymptomatic nurse directly caring for him, both of whom were health care workers, suggesting the potential for human-to-human transmission of BASV. The natural animal reservoir host or arthropod vector and precise mode of transmission for the virus remain unclear. BASV is an emerging human pathogen associated with acute hemorrhagic fever in Africa.

International audience ; Deep sequencing was used to discover a novel rhabdovirus (Bas-Congo virus, or BASV) associated with a 2009 outbreak of 3 human cases of acute hemorrhagic fever in Mangala village, Democratic Republic of Congo (DRC), Africa. The cases, presenting over a 3-week period, were characterized by abrupt disease onset, high fever, mucosal hemorrhage, and, in two patients, death within 3 days. BASV was detected in an acute serum sample from the lone survivor at a concentration of 1.09610 6 RNA copies/mL, and 98.2% of the genome was subsequently de novo assembled from ,140 million sequence reads. Phylogenetic analysis revealed that BASV is highly divergent and shares less than 34% amino acid identity with any other rhabdovirus. High convalescent neutralizing antibody titers of .1:1000 were detected in the survivor and an asymptomatic nurse directly caring for him, both of whom were health care workers, suggesting the potential for human-to-human transmission of BASV. The natural animal reservoir host or arthropod vector and precise mode of transmission for the virus remain unclear. BASV is an emerging human pathogen associated with acute hemorrhagic fever in Africa.

International audience ; Deep sequencing was used to discover a novel rhabdovirus (Bas-Congo virus, or BASV) associated with a 2009 outbreak of 3 human cases of acute hemorrhagic fever in Mangala village, Democratic Republic of Congo (DRC), Africa. The cases, presenting over a 3-week period, were characterized by abrupt disease onset, high fever, mucosal hemorrhage, and, in two patients, death within 3 days. BASV was detected in an acute serum sample from the lone survivor at a concentration of 1.09610 6 RNA copies/mL, and 98.2% of the genome was subsequently de novo assembled from ,140 million sequence reads. Phylogenetic analysis revealed that BASV is highly divergent and shares less than 34% amino acid identity with any other rhabdovirus. High convalescent neutralizing antibody titers of .1:1000 were detected in the survivor and an asymptomatic nurse directly caring for him, both of whom were health care workers, suggesting the potential for human-to-human transmission of BASV. The natural animal reservoir host or arthropod vector and precise mode of transmission for the virus remain unclear. BASV is an emerging human pathogen associated with acute hemorrhagic fever in Africa.

International audience ; Deep sequencing was used to discover a novel rhabdovirus (Bas-Congo virus, or BASV) associated with a 2009 outbreak of 3 human cases of acute hemorrhagic fever in Mangala village, Democratic Republic of Congo (DRC), Africa. The cases, presenting over a 3-week period, were characterized by abrupt disease onset, high fever, mucosal hemorrhage, and, in two patients, death within 3 days. BASV was detected in an acute serum sample from the lone survivor at a concentration of 1.09610 6 RNA copies/mL, and 98.2% of the genome was subsequently de novo assembled from ,140 million sequence reads. Phylogenetic analysis revealed that BASV is highly divergent and shares less than 34% amino acid identity with any other rhabdovirus. High convalescent neutralizing antibody titers of .1:1000 were detected in the survivor and an asymptomatic nurse directly caring for him, both of whom were health care workers, suggesting the potential for human-to-human transmission of BASV. The natural animal reservoir host or arthropod vector and precise mode of transmission for the virus remain unclear. BASV is an emerging human pathogen associated with acute hemorrhagic fever in Africa.

I. EinleitungII. Vor- und Entstehungsgeschichte des GesetzesIII. Bestandsaufnahme1. Das Gesetz zur Regulierung der humanbezogenen Klontechnik sowie ähnlicher Techniken2. Die Richtlinien zur Behandlung der "spezifischen Embryonen" vom 5.12.20013. Die Richtlinien über die Erzeugung und Verwendung menschlicher ES-Zellen vom 25.9.2001IV. Kritische Bemerkungen1. Strafbare Einpflanzung von bestimmten Arten der künstlich bearbeiteten Embryonen und gleichzeitig grundsätzliche Zulässigkeit der Forschung an und mit Embryonen – ist das konsequent ?2. Kritik an der Richtlinienlösung3. Fazit ; In November 2000, the Japanese Parliament enacted an act on the regulation of human cloning. This article illustrates the important provisions of this act from a criminal law perspective. Not all cloning techniques are mentioned in the act, and criminal punishment is laid down for only a few specific deeds. The author criticizes that the differentiations made by the act between various techniques related to human cloning are not fully coherent. Furthermore, from the perspective of criminal law doctrine, it would be extremely difficult to justify the culpability of acts concerning human cloning. Eventually, he comes to the conclusion that the act itself is very dubious and can probably only be explained by the apparent political intent of the Japanese government to comply swiftly with international proclamations that call for a ban on human cloning.(The Editors)

As part of a roundtable on "Balancing Legal Norms, Moral Values, and National Interests," this essay presents a Christian view of how to think coherently about the relationships between those three elements. Christian monotheism entails the view that there is a given moral order or "natural law," which comprises basic human goods (or universally objective values) and moral rules for defending and promoting them. This natural law precedes all human, positive law. It follows that, while the authority of positive international law is important for the maintenance of the good of social order, it is still penultimate, since it can be trumped by natural law. Moreover, international law's authority is weaker than that of national law, because controversy over its sources gives greater scope for the interpreter's moral and political prejudices to shape its construal. Since the interpretation of international law is subject to diverse construals, occasions arise when its authority is invoked to shield the perpetration of grave injustice. In such circumstances, an appeal to natural law could supply moral justification for humanitarian military intervention, even when it violates the letter of international law. Humanitarian intervention, however, is often criticized for being motivated by national interests. A Christian view that follows Thomas Aquinas, however, does not regard national interests as immoral per se, but recognizes that self-interest can be legitimate, and that a national government has a moral responsibility to promote the legitimate interests of its people.

A pesar de que la UE pretende ser un espacio común, en el que las distintas políticas se adopten entre todos los Estados-miembro, la búsqueda de una "Política común en materia migratoria", que se encuadre en el propósito de hacer de Europa un espacio común de libertad, seguridad y justicia ha fracasado. En materia migratoria se ha avanzado más en la gestión y el control de flujos que en el trato justo a los inmigrantes, y el resultado ha sido una política migratoria muy restrictiva, y se ha puesto de manifiesto las graves diferencias en el seno de la UE a la hora de abordar el tratamiento de los inmigrantes, y, en especial, de los solicitantes de asilo y protección internacional. El presente estudio pretende mostrar cómo los atentados terroristas y la crisis económica han dado lugar a políticas nacionales que atentan contra los principios democráticos, contra los derechos humanos, y contra los valores de la UE. ; Despite the fact that the EU intends to be a common space, in whichthe different policies are adopted among all member states, the search for a "common policy on migration", which is framed in the purpose of making Europe a Common space of freedom, security and justice has failed. In terms of migration, progress has been made in the management and control of flows rather than in the fair treatment of immigrants, and the result has been a very restrictive migration policy, and the serious differences within the EU have been highlighted, when dealing with the treatment of immigrants, and, in particular, of asylum seekers and international protection. The present study aims to show how terrorist attacks and the economic crisis have given rise to national policies that undermine democratic principles, against human rights, and against EU values. ; Ciencias Religiosas ; Derecho

The crypto wars have raged for half a century. In the 1970s, digital privacy activists prophesied the emergence of an Orwellian State, made possible by computer-mediated mass surveillance. The antidote: digital encryption. The U.S. government warned encryption would not only prevent surveillance of law-abiding citizens, but of criminals, terrorists, and foreign spies, ushering in a rival dystopian future. Both parties fought to defend the citizenry from what they believed the most perilous threats. The government tried to control encryption to preserve its surveillance capabilities; privacy activists armed citizens with cryptographic tools and challenged encryption regulations in the courts. No clear victor has emerged from the crypto wars. Governments have failed to forge a framework to govern the, at times conflicting, civil liberties of privacy and security in the digital age--an age when such liberties have an outsized influence on the citizen-State power balance. Solving this problem is more urgent than ever. Digital privacy will be one of the most important factors in how we architect twenty-first century societies--its management is paramount to our stewardship of democracy for future generations. We must elevate the quality of debate on cryptography, on how we govern security and privacy in our technology-infused world. Failure to end the crypto wars will result in societies sleepwalking into a future where the citizen-State power balance is determined by a twentieth-century status quo unfit for this century, endangering both our privacy and security. This book provides a history of the crypto wars, with the hope its chronicling sets a foundation for peace.

The system of national law and the corresponding system of democratic authorities had to guarantee optimal protection of the individual's fundamental freedoms and rights, and help to create human welfare. Science of administrative law is constantly evolving, and its insights are strategic in nature, oriented towards the future. There is often a struggle for new ideas, opinions, concepts, paradigms to be embedded or denied. The new, old, inaccurate statements are changed to be more accurate, the new ideas criticize the old ones, and life practices raise new problems that science must answer rationally. The science of administrative law in Lithuania is not static, it is constantly changing as the administrative law itself changes. The concept of administrative law is changing, its regulation is expanding. The science of administrative law is an integral part of Lithuanian law science, where the specialists of administrative law – scientists investigate the essence of this branch of law, its subject matter and separate institutes and in general all actual problems of administrative legal practice and science of the whoel country. This article is the first scientific research in the cycle of articles "Development of Administrative Law and Administrative Legal Doctrine in Lithuania". The purpose of this article is to present the development of administrative law and administrative law doctrine in Lithuania since 1990 by analysing the works of Lithuanian scientists in this field through the categories defined in the research tasks. In order to achieve the aim of the article, the following tasks are raised: briefly to introduce and discuss the development of Lithuanian administrative law science and administrative law as a category, to define and analyse the goals of administrative law, the subject of regulation and the system of administrative law in Lithuania. In order to achieve the aim and tasks of the research, the analysis of the works of Lithuanian scientists and the main laws implementing the administrative legal regulation of Lithuania was performed. Methods. Historical comparative, documents' analysis, synthesis and other methods were used for research. Results of research showed that Lithuania has modern administrative law and administrative justice system, that meets nowadays meets and European Union justice standards' requirements. Conclusions. We can conclude that Lithuanian scientists understand the administrative law in broad sense as law of management and described quite wide range of its regulation subjects. After Lithuania's accession to the European Union and its commitment to take over its acquis communautaire, the entire Lithuanian legal system, together with administrative law, had to adapt to change. Implementation of the provisions of the European Union legislation in Lithuanian law has become a priority. The abundance of administrative legal regulation at European Union level and the need for its application in the case-law have created challenging tasks for administrative law science. An accurate analysis of the implementation of European Union legislation in the systems of state power and public administration in Lithuania, analysis of administrative legal systems of the Member States of the European Union, search for similarities and differences, effective defence of the rights and legitimate interests of a person when a Member State misapplies (waives) the provisions of European Union legislation, the jurisdiction of national courts to deal with damages where, for example, damage caused by inappropriate application of European Union law is made by a court of final instance in the state, and other issues become the subject of modern administrative law research.