Suchergebnisse

This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure. The study offers an in-depth comparative and empirical analysis of the way these instruments function in interaction with national procedures in England and Wales, France, Italy, and Romania. The analysis combines available statistics with European and national case law, together with practitioners? experience. This approach provides a comprehensive understanding of the difficulties encountered, and of the solutions chosen to overcome procedural intricacies and to secure parties? procedural rights. The findings create a solid basis for enhancing judicial cooperation and addressing the practical aspects related to the application of the procedures. In its conclusion, the book discusses the ongoing developments taking shape in this area, and reflects on the implications that the legal standards established by the European uniform procedures have for future developments

The reservoir of Brazil's Belo Monte Dam was filled in December 2015. The dam's planning, licensing and construction had rolled inexorably forward despite opposition from local victims of this development and from a wide array of other actors. Logical, legal and ethical arguments had less effect than the political and business forces prioritizing the dam. Part of the environmental destruction and human-rights violation at Belo Monte was apparently financed by taxpayers in North America and Europe with funds passed through Brazil's National Bank for Economic and Social Development (BNDES) from development policy loans (DPLs) to Brazil by the World Bank. This opens the opportunity for World Bank reforms to eliminate loopholes allowing funding through financial intermediaries. The human and environmental cost of Belo Monte should also give pause to governments and financial institutions in promoting dams as their primary response to energy issues.

This article analyses the political and media discourses on Roma in Hungary, Finland and the UK, in relation to the local Roma in these countries as well as those who migrated from Central and Eastern Europe countries following the fall of communism. The authors have analysed left of centre and right of centre major newspapers in these three countries, focusing on specific case studies which were the foci of public debates during the last two decades. We also examined a common case study in 2013 ("blond Maria") that was discussed throughout Europe. In each news paper, the constructions of Roma, local and migrant, and the changes to related discourses over the period were studied. In conclusion, we examine the multi-layered processes of social and political borderings in Europe which dominate discourses on Roma, "indigenous" and migrant, and the extent to which they constitute a coherent "European" construction of "the Roma".

Introduction. In recent years the emergence of new types of patient, clinical situations, technological frontiers and "health" objectives have changed considerably the needs of ill children, this also concerns pediatric palliative care (PPC). In Italy, despite the introduction of legislation (Law 38/2010) stipulating the right of children and families to access appropriate services for pain control and pediatric palliative care, the availability of these services is still limited. Aim. The aim of this study is to highlight, through a review of the existing data and published literature, the critical issues that obstacle the planning and development of PPC services in Italy. Results. Four main areas identified were: socio-cultural setting; types of patients and nature of diseases requiring PPC; training for PPC providers; regulatory and political issues. Conclusions. This type of analysis can provide the rational for advancing proposals and developing supportive, corrective and implementation strategies.

Global governance of displaced and trapped populations, forced migration and refugees is notprepared for the numbers likely to manifest under a changing climate. G20 has responsibility toprepare, push for reform, and initiate annual reviews to enhance a humanitarian response to aidclimate mobility.International policy and law build on the false assumption that displaced people and refugees canreturn to their place of origin when conditions improve, conflicts subside or homes are rebuilt. Thiscannot hold for many of those affected by climate change. Climate-induced migration is a broadphenomenon that defies existing definitions. Climate-induced disasters may cause sudden flight;desertification, sea-level rise, ocean acidification, and more frequent flooding may erode livelhoodsslowly; conflicts aggravated by environmental change also produce "climate refugees".1 Governancereform is therefore needed to strengthen rights and obligations of peoples and governments incountries of origin, transit, and destination.

There is growing interest in the ability of the informal sector to provide gainful work in much of the developing world. However, the literature on work in the informal sector remains dominated by resource- and rights-based approaches, which fail to consider the features of work valued by informal workers themselves. This article investigates perceptions of 'good work' based on focus group discussions with informal workers in the capitals of Uganda, Burkina Faso and Sri Lanka. Using the capability approach as a framework, it reveals that informal workers value a combination of instrumental features of work, such as income and working hours, and intrinsic aspects, such as relationships and recognition. The article's findings contribute to debates on quality of work in formal and informal contexts by illustrating the role of social and environmental conversion factors, including gender and class relations, in mediating the relationship between work and well-being.

Purpose: Nation states in both the Global North and South have debated the human rights and liberatory function as opposed to the dependency and economically viable function of social protection policy. This article is an attempt to advance empirical knowledge in the field of social protection policy and poverty alleviation. Method: Using participatory action methodology, I present evidence from 11 women who were involved in an arts and craft economic development cooperative in a community named Bhambayi in KwaZulu-Natal, South Africa. Results: Underscored by the asset-based community development and sustainable livelihood frameworks, this article presents three themes: positive contributions to human capacity development, supportive intersectoral collaboration, and striving for economic self-reliance. Conclusions: This article proposes fresh strategies for women who find themselves outside the circle of secure economic livelihoods to move beyond short-term and survival strategies and work toward economic inclusion.

Today, terrorist groups are recruiting, inspiring, and guiding global strategies not just by Internet operations, but through an organized, steady infusion of propaganda videos and call-to-action messages. Most worrisome: increasing evidence that the youth population represents a particularly susceptible cohort, being drawn into the ranks of terrorist organizations operating worldwide. In response, this article will address the pros and cons of social media banning, its effects on constitutional rights, and its effectiveness towards decreasing radicalization and recruitment. The research presented here aims to further the field of Homeland Security and to encourage debates on how to decrease terrorism and youth recruitment and whether banning social media would assist the Department of Homeland Security's mission. In conclusion, this article explores both sides of the spectrum while offering insight for scholars, organizations, and practitioners regarding the attainability of social media banning in the United States.

Gender history has a history proper to itself. This is not only to say that the study of gender as a scholarly and institutional practice is bounded by space and time, and that it has an archive of its own, but also that "gender history" as a relatively recent disciplinary innovation is properly gender history to the extent that it exists in relation to and distinct from other histories of becoming man, woman, trans, and so forth. In other words, gender history, regarded as a discursive formation in its own right, constitutes its object in ways that overlap but remain distinct from other conceptions of being and becoming gendered that are spatially and temporally diverse. Seen in this light, it can be said to map onto a history of sovereignty that has privileged particular forms of life and that acts as a limit on gender's analytical and critical value.

In June 2015, the UN High Commissioner for Refugees announced a landmark event in the history of his organization. UNHCR estimated that there were more refugees and displaced persons than it had counted since its establishment in 1950--almost 60 million who fled conflict and persecution. While certainly large in its own right, the number actually underestimates displacement in today's world. Many millions more are displaced each year and cumulatively from a much broader range of life-threatening humanitarian crises than captured by UNHCR's figures. An average of 26.4 million were displaced annually by acute natural hazards since 2008 and an unknown but sizeable number from gang and cartel violence, electoral and communal violence, nuclear and industrial accidents, and a range of other human made disasters. This paper argues for new legal, institutional and operational frameworks to more effectively address the situation of the totality of displaced persons.

The ongoing economic crisis that emerged in the wake of the global recession in 2008, and was followed by the more recent crisis of the Eurozone, has introduced new themes and remoulded old ways of approaching the welfare state, immigration, national belonging and racism in Northern Europe. This article identifies two main ways of understanding welfare chauvinism: 1) as a broad concept that covers all sorts of claims and policies to reserve welfare benefits for the 'native' population; 2) an ethno-nationalist and racialising political agenda, characteristic especially of right-wing populist parties. Focusing on the relationship between politics and policies, we examine how welfare chauvinist political agendas are turned into policies and what hinders welfare chauvinist claims from becoming policy matters and welfare practices. It is argued that welfare chauvinism targeting migrants is part of a broader neoliberal restructuring of the welfare state and of welfare retrenchment.

Massive violence exerted by paramilitary groups has been a gruesome central feature of Colombia's protracted armed conflict. Particularly in the past thirty years, paramilitary atrocities have critically affected small farmers, human rights defenders, community and labour leaders, and leftist intellectuals and politicians. But who and what are the paramilitaries and how did they emerge as key players in the armed conflict? Which sectors of Colombian society are supporting them? Why has the state not confronted them or, worse, has acted in collusion with them? Was the demobilization of the paramilitary United Self-Defense Forces of Colombia (AUC) some ten years ago a farce, leading to the transformation of the paramilitary groups but not to their extinction? These and other related questions have exercised and tormented many minds in the past decades, both in Colombia and abroad. But finding cogent and persuasive answers remains work in progress.

International audience ; The Indian and the Nepalese Constitutions posit a separation between a secular domain regulated by the state and a religious domain in which it must not interfere. However, defining the difference between the two has proved difficult. Moreover, the state is directly and increasingly involved in various ways in the direct administration of many religious institutions. Given that the legal status of Hindu idols is recognized, deities may sue or be sued; and the courts are frequently asked to decide on various rights linked to religious functions and bodies. Such decisions often have a far-reaching impact on rituals and on religious specialists, and contribute to (re)defining religious categories and practices. Indeed, it is our view that the courts' apparently 'technical', legalistic action actually shapes the place religion occupies in Indian and Nepalese society, perhaps even more so than the ideology of any political party.

International audience ; The Indian and the Nepalese Constitutions posit a separation between a secular domain regulated by the state and a religious domain in which it must not interfere. However, defining the difference between the two has proved difficult. Moreover, the state is directly and increasingly involved in various ways in the direct administration of many religious institutions. Given that the legal status of Hindu idols is recognized, deities may sue or be sued; and the courts are frequently asked to decide on various rights linked to religious functions and bodies. Such decisions often have a far-reaching impact on rituals and on religious specialists, and contribute to (re)defining religious categories and practices. Indeed, it is our view that the courts' apparently 'technical', legalistic action actually shapes the place religion occupies in Indian and Nepalese society, perhaps even more so than the ideology of any political party.

International audience ; The Indian and the Nepalese Constitutions posit a separation between a secular domain regulated by the state and a religious domain in which it must not interfere. However, defining the difference between the two has proved difficult. Moreover, the state is directly and increasingly involved in various ways in the direct administration of many religious institutions. Given that the legal status of Hindu idols is recognized, deities may sue or be sued; and the courts are frequently asked to decide on various rights linked to religious functions and bodies. Such decisions often have a far-reaching impact on rituals and on religious specialists, and contribute to (re)defining religious categories and practices. Indeed, it is our view that the courts' apparently 'technical', legalistic action actually shapes the place religion occupies in Indian and Nepalese society, perhaps even more so than the ideology of any political party.