Suchergebnisse

Meine zentrale Forschungsfrage ist, welche Familien aus welchen Gründen und mit welchen Erwartungen Au-Pairs für die Betreuung ihrer Kinder herangezogen haben statt außerhäusliche Betreuungsformen zu suchen. Waren es nur fehlende Alternativen oder gab es andere Gründe, warum diese Familien Au-Pairs aufgenommen haben? Warum haben diese Familien seit den 1970er Jahren eine Strategie zur Erfüllung ihrer an sich selbst gestellten Erwartungen und zur Bewältigung der vielfältigen Anforderungen an moderne städtische Familien aufgegriffen, die auf eine gänzlich private Lösung der Vereinbarkeitsproblematik setzt? Warum wurde dieses Modell innerhalb eines Vierteljahrhunderts in ganz Europa so populär und politisch letzten Endes auch unterstützt? In der Literatur wird von einem "klassichen Au-Pair" und einer "neuen Au-Pair-Generation" gesprochen, zwischen denen ein großer qualitativer und quantitativer Unterschied besteht. Die restliche Zäsur liegt mit dem neuen "Au-Pair-Gesetz im Jahr 2001, die faktische, jedoch gleitende Zäsurum 1995, dem EU-Beitritt von Österreich, Finnland und Schweden und dem großen Interesse von jungen Frauen aus den ehemaligen Ostblockstaaten an einer Au-Pair Stelle im Westen. Die Arbeit konzentriert sich auf Grund der vorliegenden Quellen auf die "traditionellen Au-Pairs" im Zeitraum von 1980 - 2000 und das Untersuchungsgebiet auf Wien und Wien-Umgebung. Das Au-Pair Programm wird an den rechtlichen Rahmenbedingungen im Untersuchungszeitraum und den Aktivitäten des Auslandssozialdienstes des Katholischen Jugendwerkes (ASD) als Pionier in der (nicht-profitorientierten) Vermittlung von Au-Pairs in Österreich beschrieben. Das Au-Pair Programm wird in einen historischen Rahmen als Entwicklungsstufe einerseits bezahlter häuslicher Dienstleistungen und andererseits als Möglichkeit zur informellen Ausbildung gestellt. Dazu wird die Situation von Dienstmädchen in Wien um 1900 in jenen Punkten beleuchtet, an denen sich Paralellen und Unterschiede der beiden Dienstverhältnisse zeigen lassen. Die Darstellung der über die letzten beiden Jahrhunderte in Europa praktizierten Austauschbeziehungen zum Spracherwerb zeigt das Au-Pair-Programm in einem bildungsgeschichtlichen historischen Kontinuum. Nach einer institutionellen Verankerung des Untersuchungsgegenstandes gehe ich der Frage nach, wie viele Au-Pairs im Untersuchungszeitraum nach Österreich gekommen sind, und wie sich die Nachfrage nach Au-Pairs entwickelt hat. Auch die Frage, woher die Au-Pairs gekommen sind und was ihre Motive waren, soll auf Grund der Aufzeichnungen in den ASD-Jahresberichten, meiner für den quantitativen Teil der Arbeit wichtigsten Quelle, beantwortet werden. Die "Gastfamilien" werden zuerst nach ihren soziogemographischen Merkmalen beschrieben, um dann zu der zentralen Frage dieser Arbeit zu kommen, was ihre Motive waren, ein Au-Pair zur Unterstützung bei den familiären Aufgaben heranzuziehen und was sie daher von den Au-Pairs erwarteten, welche Funktionen ihnen zugedacht waren. Auch das Leben mit und als Au-Pair in Österreich sowie die den Au-Pairs zugedachte Stellung im Familienverband und häufig wiederkehrende Probleme sind beschrieben. ; Since the 1970s, highly educated families in Austria have employed Au-pairs for taking care of their children. Why have these families preferred Au-pairs to kindergartens with qualified teachers? Were Au-pairs just a flexible substitute or did they have additional functions in the family? Which social and political climate has favoured this private form of childcare? The empirical basis of the work was the documentation of one of the major Austrian Au-pair agencies for the period 1978 - 2000, particularly 298 self-descriptions from guest families and the agency´s annual reports. The material was supplemented by interviews with ten guest families and by interviews with two experts. Thus is possible to analyze the socio-demographic characteristics of guest-families in Vienna and its suburbs, their motivations for taking Au-pairs, and their expectations. The findings indicate that Au-pairs usually serve several roles within the families: for instance, one very important role is to "double" mothers in order to free their minds to continue their social and work life. The pair system is also discussed in view of its two historic threads: one is a long European "education abroad" tradition for rather upper class children. The other thread is a "work-migration" tradition for lower class childs that had to go to cities to work as domestic servants. Which of the two traditions dominates the Au-pair market depends on the economic situation of the countries from which the Au-pairs come. Consequently, the economic and political changes around 1989 in Eastern Europe have had major impacts on the characteristics of Au-pair jobs in Austria

El artículo expone los resultados de un estudio teórico sobre el tema Formación Docente (FD) en relación con el juego de lo social. Se efectúa un análisis general de las condiciones estructurales que, a nivel de globalización, inciden en la configuración política regional-local. Luego, asumiendo el enfoque de la regulación, se interpreta cómo las decisiones de la política educacional promocionan o estabilizan las funciones, perfil y actuación que el docente desempeña. La reflexión sobre el tema es objeto de estudio en proyectos de investigación que se llevan a cabo en Salta, Argentina. La metodología de abordaje incluye un rastreo histórico evolutivo desde los '60-'70 a la actualidad, argumentando y comparando fuentes conceptuales e interpretativas que - en la región - fundamentan la función asignada al maestro y al profesor. Se complementa el análisis epocal considerando factores sociales, históricos, culturales que lentamente se asumen en el cambio del perfil profesional docente. Esta suerte de inmutabilidad formativa docente resultaría coherente con la política de regulación que impone el gobierno. Sin embargo, la potencia del movimiento social que origina la globalización en los últimos tiempos, conduce a cambios profundos en la preparación de los docentes, bajo la modalidad de reformas y transformaciones. Pese al interés del gobierno por modificar la formación docente, continúa efectuándose un manejo político coactivo e interesado, que repercute en los órdenes de la gestión y la práctica institucional de la formación. Finalmente se postulan principios a considerar para asumir el reto de las transformaciones en la formación docente local. ; The article describes the results of a theoretical study on the issue of Teacher Education and its social interplay. It develops a broad analysis of the structural conditions which, at the globalization level, impinge upon the regional-local political configuration. Adopting the viewpoint of the regulations, the text then interprets how the decisions of educational policies promote or stabilize the functions, profiles and actions performed by the teacher. The reflection about this issue is the object of study of research projects carried out in Salta, Argentina. The methodology employed includes a survey of the historical evolution since the 1960s and 1970s up to this day, arguing and comparing conceptual and interpretive sources which - in that region - give support to the function assigned to the teacher. The period analysis is supplemented by the consideration of social, historical, and cultural factors that are gradually incorporated along the changes in the profile of the professional teacher. This kind of immutability of teacher education would be consistent with the regulation policy imposed by the government. However, the power of the social movement resulting from the recent globalization process has triggered profound changes in teacher education in the shape of reforms and transformations. Despite the government's interest in modifying teacher education, it continues to practice a politically-oriented policy with repercussions to the spheres of institutional management and practice of teacher education. Finally, principles are put forward for consideration with a view to face the challenges of the transformations of local teacher education.

When discussing the Netherlands' international human rights policies, the first aspects to come to mind are usually those related to how it addresses and reacts to concrete human rights violations by other countries. In fact, there sometimes appears to be a tendency for public opinion to identify a government's human rights policy with its attempts to pursue human rights issues in its relations with other states. An important element of the Netherlands' human rights policy that does not generally generate widespread public attention concerns the further development of regional and global human rights systems. The present study thoroughly investigates the Netherlands' policies towards the creation of international human rights norms and accompanying supervisory procedures from the late 1970s to 2006. It analyses the Dutch position in negotiations on a number of instruments that deal with the freedom from torture, economic and social rights, children's rights and minority rights. For each theme, a number of smaller case studies and a detailed, in-depth case study are presented. The study examines whether the Netherlands was in favour of the creation of further human rights standards and more intrusive supervisory mechanisms, and what arguments and interests determined its position. It is concluded that the Netherlands was usually cautious to accept new norms, but after a while, it normally adjusted its opinion concerning the desirability of a standard-setting initiative to coincide with that of the proponents. In respect to the creation of supervisory mechanisms, Dutch policies were more consistent: the Netherlands favoured effective and independent procedures. Nonetheless, it must be noted that complaints procedures were not always supported. Apart from human rights considerations, security interests, sovereignty interests, and considerations of reputation co-determined the Netherlands' policies. The interests at stake were represented and defended by different actors. Sometimes, NGOs or transnational human rights networks exerted considerable influence on the Dutch position, although in other instances, they were not involved. Usually parliament did not directly influence the Netherlands' policies until the ratification process started. Finally, the question of which ministry or department was in charge of formulating the Dutch position in the negotiations proved to be an important determinant for the Netherlands' policies. On the basis of the case studies and an appraisal of the influence of different interests and actors, the study makes a general evaluation of the Netherlands' policies. Generally speaking, the Netherlands has a favourable international reputation in the field of human rights, and for a long time domestically, the idea has existed that the Netherlands had a special role to fulfil in the world. This study demonstrates that the Netherlands did indeed take human rights seriously, but it also shows that the idea that it acted as a 'guiding' human rights country, as many seem to presume, needs to be put into perspective. The overall impression is not one of a 'guiding' human rights country with a clear and long-term policy vision on the development of international human rights instruments, but rather that of country continuously adapting to domestic as well as international circumstances.

Las Tablas de Daimiel, together with other wetlands in La Mancha, Spain, situated in the Upper Guadiana Basin (Fig. 1), has been catalogued as a Biosphere Reserve Area since 1981 as part of the UNESCO Man and the Biosphere programme. Between the mid-1970s and late 1980s, over 150 000 hectares of new irrigation areas were established, mainly as a result of private initiative. The average recharge rate of groundwater in the western La Mancha aquifer in the Upper Guadiana Basin is estimated to be between 200 and 500 million m3 per year, in dry and wet years respectively. Recharge also depends on the depth of the water table (Martínez-Cortina & Cruces 2003). Abstraction reached 600 million m3 per year by the end of the 1980s. Up to this time a total of 3000–5000 million m3 of the Upper Guadiana Basin aquifer's water reserves was withdrawn (Bromley et al. 2000; Lopéz-Geta et al. 2006). The intensive use of groundwater has been a main factor for the improvement of the social and economic situation in this region, with a population of about half a million people, and where the agricultural sector is very important (Llamas et al. 2006). Water-table drawdown due to the intensive abstraction of groundwater for irrigation has caused severe negative impacts on wetlands, streams and rivers, and has resulted in a lowering of groundwater levels by up to 50 m. The main conflicts in the area are between farmers and conservationists, between central, regional and local government water agencies, and between small farmers and big farmers. The conflicts began about three decades ago (Llamas 1988) and have not yet been settled. In 2001 the Spanish Parliament asked the Government to present a hydrological plan for the Upper Guadiana Basin within one year. More than 20 draft proposals have been presented, the last one in 2006 with a budget of almost four billion Euros. This proposal has been met with strong opposition from most farmer lobbies. The Guadiana Basin is one of seven trans-boundary case studies of the EU NeWater research project (New Approaches for Adaptive Water Management under Uncertainty). The principal water-management issues in the project are addressed by adaptive and integrated water-resource manage ment. This includes uncertainty and risk mitigation, governance, crosssectoral integration, scale analysis, information management, stakeholder participation, financial aspects, system resilience and vulnerability. One work block in the NeWater project has the task of translating research outputs into tools for practitioners and end-users. As part of this effort, Bayesian belief networks (Bns) were selected as one possible tool to be developed as an aid to stakeholder participation in integrated assessment of gaps, being a suitable tool for dialogue in order to identify gaps in water-resource management functions, gaps to meet the goals of the EU Water Framework Directive and to analyse management potentials and constraints. The purpose of this paper is to describe the testing of Bns as a tool for participatory integrated assessment and adaptive and integrated water-resource management in the Upper Guadiana Basin.

As adult height is a well-established retrospective measure of health and standard of living, it is important to understand the factors that determine it. Among them, the influence of socio-environmental factors has been subjected to empirical scrutiny. This paper explores the influence of generational (or environmental) effects and individual and gender-specific heterogeneity on adult height. Our data set is from contemporary Spain, a country governed by an authoritarian regime between 1939 and 1977. First, we use normal position and quantile regression analysis to identify the determinants of self-reported adult height and to measure the influence of individual heterogeneity. Second, we use a Blinder-Oaxaca decomposition approach to explain the `gender height gap¿ and its distribution, so as to measure the influence on this gap of individual heterogeneity. Our findings suggest a significant increase in adult height in the generations that benefited from the country¿s economic liberalization in the 1950s, and especially those brought up after the transition to democracy in the 1970s. In contrast, distributional effects on height suggest that only in recent generations has ¿height increased more among the tallest¿. Although the mean gender height gap is 11 cm, generational effects and other controls such as individual capabilities explain on average roughly 5% of this difference, a figure that rises to 10% in the lowest 10% quantile. ; - La comprensió dels determinants de l'estatura dels adults és una qüestió important en tant que constitueix una mesura retrospectiva de l'estat de salut i del nivell de vida de les persones. Entre els diferents determinants de l'alçada i l'impacte dels factors socio-ambientals, en particular, són un motiu principal de recerca entre els experts. Aquest article analitza empíricament la influència dels efectes generacionals (ambientals) sobre l'alçada dels adults tenint present l'específica heterogeneïtat individual i de gènere. La base de dades utilitzada és l¿Enquesta Nacional de Salut de 2003 (qüestionari d¿adults) representativa de la població espanyola. Primer, mitjançant anàlisi de regressió per MCO i Regressió Quantílica es tracta d¿estudiar els determinants de l¿alçada declarada dels individus i de mesurar la influència de l¿heterogeneïtat individual. Segon, s¿utilitza el mètode de descomposició de Blinder-Oaxaca per explicar i descompondre el diferencial d¿alçada per gènere i la seva distribució amb el propòsit de mesurar la influència de l¿heterogeneïtat en aquest "gap". Els nostres resultats suggereixen una expansió significativa de l¿estatura dels adults d¿aquelles generacions que es varen beneficiar de la liberalització econòmica del país en la dècada dels anys 50 i, especialment, d¿aquelles cohorts nascudes després de l¿arribada de la democràcia. Per altra banda, els nostres resultats assenyalen que, pel cas de les generacions més joves, l¿alçada ha crescut força més entre els més alts. Si bé el diferencial mitjà home/dona en alçada s¿estima en 11 cm, els efectes generacionals i altres controls, com ara les capacitats dels individus, explicarien aproximadament un 5% d¿aquest "gap"; si bé aquesta porció s¿eleva fins el 10% en el percentil més baix de la distribució.

"This paper aims to put the debate on migration and development in a broader historical perspective of migration theory in particular and social theory in general. The scholarly debate on migration and development has tended to swing back and forth like a pendulum, from developmentalist optimism in the 1950s and 1960s, to structuralist and neo-Marxist pessimism and scepticism over the 1970s and 1980s, to more nuanced views influenced by the new economics of labour migration, "livelihood" approaches and the transnational turn in migration studies as of the 1990s. Such discursive shifts in the scholarly debate on migration and development should be primarily seen as part of more general paradigm shifts in social theory. The shift that occurred over the 1990s was part of a more general shift away from grand structuralist or functionalist theories towards more pluralist, hybrid and structuralist approaches attempting to reconcile structure and actor perspectives. However, attempts to combine different theoretical perspectives are more problematic than sometimes suggested due to incommensurability issues and associated disciplinary divisions. Since 2000, there has been a remarkable, and rather sudden, renaissance of optimistic views, in particular in the policy debate, as well as a boom in empirical work on migration and development. This has coincided with the rediscovery of remittances as a 'bottom up' source of development finance and the celebration of the transnational engagement of migrants with the development of their origin societies. However, such optimism has tended to go along with a striking level of amnesia of decades of prior research. Migration and development is anything but a new topic. The accumulated empirical and theoretical evidence stress the fundamentally heterogeneous nature of migration-development interactions as well as their contingency on spatial and temporal scales of analysis and more general processes of social and economic change, which should forestall any blanket assertions on migrationdevelopment interactions. Current policy and scholarly discourses naively celebrating migration, remittances and transnational engagement as self-help development 'from below' also shift attention away from the relevance of structural constraints and the important role states and other institutions play in shaping favourable general conditions for social and economic development to occur. This raises the fundamental question whether the recent shift towards optimistic views reflects a veritable change in (increasingly transnationally framed) migration-development interactions, the use of other methodological and analytical tools, or is rather the deductive echo of a general paradigm shift from dependency and state-centrist to neoliberal and neoclassical views in general. The lack of theoretical rootedness and largely descriptive nature of much empirical work has haunted the improvement of theories. As a result of the general lack of a common theoretical thread, most empirical work - especially from outside migration economics - remains isolated, scattered, and theoretically underexplored. Real progress in the understanding of the factors determining the fundamental heterogeneity of migration and development interactions is only possible if more empirical work is designed to test theoretically derived hypotheses and, hence, to improve the generalized understanding of migration-development interactions." (author's abstract)

Muslim-Christian relations have been an important element of the social and political dynamics of Indonesia during the New Order period (1966-1998), and an ever sensitive object of Government policy. The relations between Muslims and Christians have been tense because of mutual suspicions existing between them. These mutual suspicions have been reflected in, and exacerbated by, the antagonistic discourses in which the Muslim and Christian leaders perceived each other as a threat against their respective religious communities. Among the Muslims, the Christian threat has been called 'Kristenisasi' (Christianisation). In the Muslim discourse, Christianisation meant unfair and aggressive efforts to convert Muslims to Christianity. The Muslim fear of Christianisation sometimes led several Muslims to violent action, by attacking church buildings and Christian schools. They also demanded that the Government control and restrict Christian missions by (1) making strict requirements for obtaining permission to erect a new place of worship; (2) restricting religious propagation only to those outside the five recognised religions; and (3) controlling foreign aid for religious institutions; (4) prohibiting inter-religious marriage; (5) requiring that religion classes given at schools should be taught by a teacher whose religious background was the same as that of students. The Government generally responded ambiguously to these demands: they were materialised into regulations, but were loosely implemented. Whereas the Muslims felt insecure and threatened by Christianisation, the Christians were afraid of the threat of an Islamic State. For the Christians, to have to live under an Islamic state in which the shar?'a law was implemented would mean that they would be turned into second-class citizens. To protect themselves from the threat of the Muslim ideological ambition, the Christians decided to ally with the emerging power of the army. This political choice was apparently natural for the Christians because, like the politically secular-oriented Muslims among the civilians, the army was known as the strongest proponent of the nationalist ideological outlook (as opposed the Islamic ideology). One of the consequences of this alliance was that the Christians became less critical if not totally supportive to the New Order authoritarianism. Worse than that, in their protest against certain Government policies, it was not uncommon that the Muslims blamed the Christians as the brain behind those policies. This was typically true when Muslims opposed certain Government policies clearly or allegedly came from the Centre for Strategic and International Studies (CSIS), a think tank established by an important group of Catholic activists in cooperation with two important army generals. Despite its ambiguous responses to the Muslim-Christian conflicts, since early 1970s, the Government sponsored inter-religious dialogue events in which religious leaders were invited to talk about a common discourse on development. Not all Muslim and Christian intellectuals, however, agreed with the Government imposed discourse. Some of them developed a counter discourse on social justice by developing a theology of liberation. In 1990s, some private institutions were established to promote dialogue. It was in this period that some Muslim and Christian intellectuals developed a common discourse on democracy and pluralism.

The emergence of Community Economic Development (CED) as a distinct field of cause lawyering highlights the complexities of community mobilization in the post-regulatory state. Defined by a set of social policies and grassroots practices that promote neighborhood revitalization, CED is associated with a transactional model of cause lawyering focused on negotiating deals between community-based nonprofit organizations, public funders, and private investors. Whereas cause lawyers have traditionally sought to mobilize claims of legal rights to advance systemic reform, CED lawyers attempt to mobilize community participation to change local economic circumstances through the creation of innovative institutional structures. However, CED does not neatly remove barriers to mobilization; rather it presents a different set of opportunities and constraints. For instance, CED is not connected with broad-based social movements. Instead, it is parochial, seeking to preserve community boundaries and increase community control of resources. Moreover, while CED establishes legal mechanisms for ongoing community participation in local governance, it does so through the design of partnerships with government and business elites that create disincentives for political confrontation seeking reforms in state practice or increased resources from private sector institutions. For this reason, the modus operandi of CED practice is not one of protest and disruption. Nor is CED designed to challenge the existing rules of the game; rather, it seeks to build partnerships and distribute resources within the framework of the law as constituted. As a technique of institutional design that extends contractual relationships between the community, the market, and the state, CED therefore fosters a version of mobilization that tends to de-emphasize adversarial organizing in favor of collaboration with business and governmental partners. At the grassroots level, however, there are important recent examples of community mobilization within CED that depart from the collaborative model. In particular, the emergence of an "accountable development" movement in Los Angeles—where community-labor coalitions have pressured publicly subsidized developers into a series of agreements to provide benefits to low-income communities—has focused attention on more confrontational forms of collective action, flowing out of the traditions of community organizing and social movement activism. This essay uses the advent of accountable development to re-examine the relationship between cause lawyering and community mobilization. It begins by describing the emergence of CED as a nonadversarial cause lawyering model, situating it within the context of the reaction against the social movements and legal rights strategies of the 1960s and 1970s. Drawing upon insights from social movement theory, it then analyzes the constraints that collaborative CED can impose on collective action by low-income communities. A case study of accountable development in Los Angeles follows, revealing an alternative approach to CED that mobilizes adversarial organizing to extract developer concessions and governmental reforms. It concludes with an analysis of cause lawyering in the accountable development context, suggesting continuities with conventional CED practice, while highlighting the ways in which the more confrontational approach of accountable development reshapes the lawyering role.

Background Street-based heroin injectors represent an especially vulnerable population group subject to negative health outcomes and social stigma. Effective clinical treatment and public health intervention for this population requires an understanding of their cultural environment and experiences. Social science theory and methods offer tools to understand the reasons for economic and ethnic disparities that cause individual suffering and stress at the institutional level. Methods and Findings We used a cross-methodological approach that incorporated quantitative, clinical, and ethnographic data collected by two contemporaneous long-term San Francisco studies, one epidemiological and one ethnographic, to explore the impact of ethnicity on street-based heroin-injecting men 45 years of age or older who were self-identified as either African American or white. We triangulated our ethnographic findings by statistically examining 14 relevant epidemiological variables stratified by median age and ethnicity. We observed significant differences in social practices between self-identified African Americans and whites in our ethnographic social network sample with respect to patterns of (1) drug consumption; (2) income generation; (3) social and institutional relationships; and (4) personal health and hygiene. African Americans and whites tended to experience different structural relationships to their shared condition of addiction and poverty. Specifically, this generation of San Francisco injectors grew up as the children of poor rural to urban immigrants in an era (the late 1960s through 1970s) when industrial jobs disappeared and heroin became fashionable. This was also when violent segregated inner city youth gangs proliferated and the federal government initiated its "War on Drugs." African Americans had earlier and more negative contact with law enforcement but maintained long-term ties with their extended families. Most of the whites were expelled from their families when they began engaging in drug-related crime. These historical-structural conditions generated distinct presentations of self. Whites styled themselves as outcasts, defeated by addiction. They professed to be injecting heroin to stave off "dopesickness" rather than to seek pleasure. African Americans, in contrast, cast their physical addiction as an oppositional pursuit of autonomy and pleasure. They considered themselves to be professional outlaws and rejected any appearance of abjection. Many, but not all, of these ethnographic findings were corroborated by our epidemiological data, highlighting the variability of behaviors within ethnic categories. Conclusions Bringing quantitative and qualitative methodologies and perspectives into a collaborative dialog among cross-disciplinary researchers highlights the fact that clinical practice must go beyond simple racial or cultural categories. A clinical social science approach provides insights into how sociocultural processes are mediated by historically rooted and institutionally enforced power relations. Recognizing the logical underpinnings of ethnically specific behavioral patterns of street-based injectors is the foundation for cultural competence and for successful clinical relationships. It reduces the risk of suboptimal medical care for an exceptionally vulnerable and challenging patient population. Social science approaches can also help explain larger-scale patterns of health disparities; inform new approaches to structural and institutional-level public health initiatives; and enable clinicians to take more leadership in changing public policies that have negative health consequences.

TEZ BAŞLIĞI:AVRUPA BİRLİĞİNDE DEVLET YARDIMLARI POLİTİKASININ ANALİZİ: TOPLUMSAL AMAÇLI HİZMETLER SEKTÖRÜ DURUMUNUN İNCELENMESİTÜRKÇE ÖZETBu tez, Avrupa Birliği'nin (AB) devlet yardımları politikasını ve toplumsal amaçlı hizmetler sektörünü inceleyip ulaştırma sektörüne yoğunlaşmaktadır. Çalışma devlet yardımları politikasının tarihsel gelişimini analiz ederek politikayı Tek Pazar çerçevesi içinde ele almaktadır. AB 1970'lerden sonra devlet yardımlarına istisnalar getirmeye ve daha esnek bir devlet yardımı politikası uygulamaya başladı. İkincil yasalar yürürlüğe girdikten sonra, devlet yardımları politikası daha karmaşık hale geldi. Bu bağlamda çalışma, toplumsal amaçlı hizmetler sektörünü, Altmark davasını ile diğer davaları incelemektedir. Avrupa Komisyonunun ulaştırma alanında uyguladığı devlet yardımları politikası eleştirilmekte ve halen uygulanmakta olan politika yerine alternatif bir politika önerilmektedir. AB'nin devlet yardımları politikasının 1950'lerde ilk kurulduğu yıllardaki gibi kısıtlayıcı bir politika olarak uygulanması gerekmektedir. Devlet yardımlarının ülkesel farklılıklar gibi haller dışında yasaklanması önerilmektedir. Bu çalışma, devlet yardımlarını ve Altmark gibi davaları inceleyerek sadece ulaştırma alanındaki politikalarını eleştirmektedir. AB entegrasyon sürecinin diğer hedeflerine de ulaşmak için; hiçbir AB üye devleti kendi ulusal şirketlerine devlet yardımı yapmaması ve bunun yasaklanması gerekmektedir. Bunun yerine sadece ülkesel farklılıklar gibi durumlarda kullanılmak üzere her üye devletin bütçesinden AB'nin Brükselde oluşturacağı bütçeye bir kaynak aktarılması ve bu kaynağın Brüksel üzerinden Komisyon tarafından dağıtılması savunulmaktadır. Tek Avrupa pazarının verimli çalışabilmesi için AB'nin rekabet ortamınının bozulmaması büyük önem taşımaktadır. Bu sayede Avrupa Birliği ekonomisi daha rekabetçi bir biçimde işleyecektir. DISSERTATION TITLE:AN ANALYSIS OF THE STATE AIDS POLICY IN THE EUROPEAN UNION: THECASE FOR THE SERVICES OF GENERAL ECONOMIC INTERESTABSTRACTThis dissertation attempts to analyse the State aids policy of the European Union (EU) and the Services of General Economic Interest (SGEI) focussing primarily on the transport sector. The study is the product of an analysis of the evolution of the State aids policy putting it in a single market context. After the 1970s the EU started giving exemptions to the State aids and pursued a more flexible State aids policy. After the secondary legislation was introduced, the State aids policy became more complex. In this respect, the SGEI will be examined and the case study of Altmark and other cases will be studied. The study will lead to an analysis of the policy specifically in the transport sector. The study will lay down a proposition for an alternative of the State aids policy in the transport sector. It is argued that the policy should be simplified to return to its original days in the 1950s. In other words, it should become a restrictive policy giving exemptions only in cases of domestic divergences. In order to serve the other purposes of European integration, the Member States should not be allowed to give out national subsidies. Instead of State aids, Member States should form new funds for common subsidization. The State aids policy should seek the protection of competition in the Single European Market. For the efficient working of the Single European Market it is important not to harm the competitive conditions in different EU Member States. By this way, the EU economy will work in more competitive conditions.

The path to workplace'equality has become a difficult one to navigate. No one can safely rely upon the strategies developed in the 1960s and 1970s to integrate workplaces. Employers face legal and political challenges both for failing to diversify their workplaces and for diversity efforts to overcome that failure. Civil rights and women's rights advocates battle to hold on to the litigation victories of the past, even as they acknowledge judicial remedies' shrinking availability and limited efficacy in addressing many aspects of current-day equality. Anti-discrimination regulators contend with inadequate resources to carry out their traditional enforcement activities, as well as uncertainty about their appropriate role in addressing "second generation" forms of bias. Affirmative action is under attack from all sides, as simultaneously polarizing and ineffectual. Courts now convey mixed messages about the necessity and even the legality of employment programs that explicitly take race or gender into account. Employers, advocates, and regulators are struggling to find a way forward amidst this uncertainty. Educational institutions are a focal point for this struggle. Because of their importance as gateways to citizenship and economic opportunity, they are at the center of controversy over the pursuit of racial and gender equity. Schools and universities have been involved in highly visible legal and political battles about discrimination and affirmative action. University administrators and faculty "change agents" face the daunting task of shepherding an institutional change process. Lawyers representing both universities and faculty have been called upon to guide diversity initiatives through this legal thicket. Advocates and legislators are looking for ways to improve public agencies' effectiveness in prompting universities to diversify their faculties. Those on the front line must figure out how to achieve inclusive institutions when the problems causing racial and gender under-participation are structural, and they must do this under conditions of considerable legal ambiguity. They have learned that studies alone do not produce significant change, nor does providing support or legal protection for individual women and people of color. Workplace equality is achieved by connecting inclusiveness to core institutional values and practices. This is a process of ongoing institutional change. It involves identifying the barriers to full participation and the pivot points for removing those barriers and increasing participation. Those involved in this work must be able to articulate why under-participation is a problem that warrants sustained public attention. They must also find ways to locate responsibility for achieving inclusiveness with those in a position to have an impact. This challenge calls for new normative frameworks to orient and justify diversity initiatives. These frameworks have to be sufficiently capacious to involve crucial stakeholders and encourage experimentation. Their implementation requires creative strategies, tools, and even new institutions that can jumpstart and sustain meaningful reform. To survive and thrive, these frameworks and strategies must also avoid the legal vulnerability plaguing racial or gender exclusive programs. Achieving workplace equality requires expanding beyond the anti-discrimination paradigm that has shaped intervention over the last thirty years.

About The British and Their Laws in the Eighteenth Century: Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity? This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England and British settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. About Legislation, Magistrates, and Judges: High Law and Low Law in England and the Empire: The contrast between superior and appellate courts on the one hand, and lower level tribunals on the other, is familiar to every criminal lawyer. In common law jurisdictions inferior courts have usually been distinguished by large numbers of defendants, relatively few legal issues, and many apparent human problems, and not much legal assistance for those accused. Direct or indirect descendants of the jurisdiction of the English country and borough magistrates, inferior courts spread throughout the empire, sometimes as direct transplants, sometimes as adaptations of already established European traditions. In newly conquered Quebec the British made use of the capitaines de milice before establishing justices in 1764, giving them also a summary jurisdiction in debt not shared by their counterparts in England; in South Africa, the landdrost acted in the Cape until 1827; in both early New South Wales and Newfoundland, antecedent military and naval jurisdictions, and in Australia conflict between the free settler and ex-convince populations, gave a strong local flavour to the institution or popular attitudes toward it. Their later development in different countries has been equally distinctive. On one of the most significant issues, the place of law magistrates, there are great differences in current practice. In Ontario, Canada a largely professional magistracy came into being in the mid-nineteenth century, and the few surviving magistrates quietly expired about 1990. In England, in contrast, lay magistrates still do something like 95 percent of criminal adjudication, albeit sometimes guided with a strong hand by their clerks. The incursions of stipendiaries in the mid-nineteenth century were reversed in England, although the Blair government is apparently moving in the direction of professionalization. Even in Scotland, usually thought to have had a minimal lay jurisdiction until the present, there was considerable activity by the justices and other lay judges both before and after 1707, and an actual expansion of jurisdiction as late as the mid-1970s, hotly debated by the profession and the parties.

CONTEXT AND OBJECTIVE: Studies carried out in the 1970s and 1980s showed that there were country-dependent disparities in the information given for the same drug in medical advertisements. National and international regulations have been published to do away with such disparities and to foster the rational use of drugs. The purpose of this study was to compare the information contained in psychoactive drug advertisements published in psychiatric journals in Brazil, the United States and the United Kingdom, before and subsequent to the publication of the United States Export Act, in 1986, the WHO criteria, in 1988, and the Brazilian Sanitary Surveillance Agency Resolution no. 102, in 2000. TYPE OF STUDY AND SETTING: Content analysis, at Centro Brasileiro de Informações sobre Drogas Psicotrópicas (Cebrid). METHODS: We gathered advertisements from Brazilian, American and British psychiatry periodicals published before and after each ruling. We analyzed a total of twenty-four Brazilian advertisements that were for the same psychoactive drugs as advertised in American and/or British publications from the same period. RESULTS: We observed that Brazilian advertisements omitted information on usage restrictions, such as contraindications, adverse reactions, interactions, warnings and precautions, and that such information was present in American and British advertisements. CONCLUSIONS: The data suggest that disparities in the information given for the same drug still persist. The information depends on the country in which each drug is marketed. The legislation is insufficient for eradicating such disparities. ; CONTEXTO E OBJETIVO: Trabalhos realizados nos anos 70 e 80 demonstraram que havia diferenças de informações para um mesmo medicamento dependendo do país em que era comercializado. Regulamentos nacionais e internacionais foram publicados com o objetivo de extinguir tais diferenças e fomentar o uso racional de medicamentos. O objetivo deste trabalho é comparar as informações contidas nos anúncios de medicamentos psicoativos publicados em periódicos de psiquiatria brasileiros, norte-americano e ingleses, antes e após a publicação do Export Act, publicado em 1986 nos Estados Unidos; dos Critérios da WHO, em 1988, e a Resolução da Diretoria Colegiada nº 102, de 2000, da Agência Nacional Vigilância Sanitária do Brasil. TIPO DE ESTUDO E LOCAL: Análise de conteúdo realizado no Centro Brasileiro de Informação sobre Drogas Psicotrópicas (Cebrid). MÉTODOS: O conteúdo dos anúncios foi analisado de acordo com técnica de análise de conteúdo, segundo as exigências dos regulamentos. Ao todo, foram analisados 24 anúncios brasileiros de medicamentos psicoativos em comum com os anúncios americanos e/ou ingleses publicados no mesmo período. RESULTADOS: Observou-se que os anúncios brasileiros omitem informações que restringem o uso dos remédios como contra-indicações, reações adversas. interações, advertências e precauções sobre os medicamentos, e estas mesmas informações estão presentes em anúncios norte-americanos e ingleses. CONCLUSÕES: Os dados deste trabalho sugerem que persistem até hoje as diferenças de informações de um mesmo medicamento em anúncios, dependendo do país de comercialização e que as legislações não são suficientes para extingui-las. ; Universidade Federal de São Paulo (UNIFESP) Escola Paulista de Medicina Department of Psychobiology ; UNIFESP, EPM, Department of Psychobiology ; SciELO

Writing Rethinking Criminal Law ("Rethinking") was a gamble. No one had ever written a serious book on comparative criminal law – in English or in any other language. No one had ever addressed English-speaking readers with the argument that some other system of legal thought – espoused by a nation defeated in a major war just thirty years before – had a superior literature on criminal law and a more refined way of thinking about the structure of criminal offenses. No one had tried to present the system of criminal law as though it were a species of "political and moral philosophy." If ever there was chutzpah, this was it. The structure of Rethinking almost defied readers to find it interesting or useful. The conventional way to write textbooks in continental Europe is to distinguish between the general part and special part and devote a book to each. The general part always receives attention first because it is considered the foundation of the whole system. For all my devotion to philosophical and Continental thinking, my basic training was in the common law, and I still thought about law in the inductive style of the case method. This is why I took the highly unconventional approach of beginning the book with the special part, initially with a detailed analysis of the history of theft in the common law. I would have thought that this choice of topics and the detailed analysis of the cases would turn off most of my readers. The approach was unfamiliar to almost everyone. The style of writing on the Continent is always deductive and authoritative and – though I did not notice it in the late 1970s – the Continental approach is almost always internal and parochial. The German literature cites only German authors; the French cite only the French. The Germans refer to their work on the general principles of criminal law as Dogmatik – a term borrowed from the Catholic Church to refer to the teachings offered by the priests to elaborate the tenets of the faith. This term aptly describes the system of thought that the Germans have developed. They have faith in a certain set of organizational distinctions, and their task is to elaborate and explain the system. Common law lawyers have a similar set of dogmas. They are not aware of the extent to which they subscribe to their ideas as a matter of faith. They subscribe to certain formulae as though they were unquestionable truths – claims, for example, about the necessity of mens rea and actus reus. They believe in the indispensability of "policy" decisions and adhere to Holmesian realism ("general propositions do not decide concrete cases") as though there were no other way to think about law. At the outset I was restrained, in Rethinking, by the assumption that I would not repeat these standard orthodoxies without subjecting them to a thoroughgoing critique. At the level of style and substance, Rethinking was an iconoclastic book. It occurs to me now that it was also a conservative book. I will explain why.

Conclusion: In conclusion it should be noted that the land and marine areas comprising Lababia's Wildlife Management Area are a rich, largely undisturbed ecosystem. Despite the fact that commercial fishing has reached a point of unsustainability, the marine environment as a whole still harbours a rich diversity of fish species and other aquatic life. Lababia as a community also deserves recognition for having resisted the offers of mining and logging companies at various times in the past. The community is fortunate perhaps in that the quantity of commercially valuable timber in its forests is limited. Also, the exploratory work carried out by mining companies in the 1970s and 80s have not led to huge offers of money. Sustainable common property systems are not generally found in areas where huge amounts of money can be made from resource extraction. It is also worth noting that the community has begun to create a kind of new mythology for itself – a kind of origin myth has emerged that recounts the story of how Lababia in recent times has opposed logging and mining operations in order to embark on a more sustainable path. This story incorporates features of western conservationism together with more traditional forms of ecological knowledge and is now regularly acted out by a newly formed village theatre group that performs for tourists and villagers alike. The theatre group thus acts to crystallize and consolidate a set of beliefs and values that support and inform the community's current aspirations within the ICAD process. Referring once again to the set of characteristics of a successful common property system developed by Ostrom and others, it might now be useful to consider some of the ways in which these characteristics could be expanded or modified to better fit the Lababia situation. In regard to decision-making processes, as one instance, something needs to be said about the manner in which a decision-making body achieves legitimacy and authority in a given community. Something also needs to be said about the processes by which decision-making bodies can re-configure themselves for the purposes of resource management within a cash economy. The issue of ecological knowledge needs fuller consideration since it would appear that local, traditional ecological knowledge would, in many cases, need to be supplemented by the type of knowledge held by marine and agricultural scientists, whose knowledge base extends to global systems. The question of how a community is to deal with outside markets and processes of economic globalization must be addressed, and so also the issue of population growth. The question of what belief system informs the relationship of a given community to its natural resources is also highly significant. Finally, the process by which a community such as Lababia receives funding from outside donor organizations intent on crafting a "global alliance" with local communities must also be addressed. In a country such as PNG, where NGOs now provide many of the services that government agencies provide in other parts of the world, self-promotion by NGOs and their client communities becomes an inevitable outcome of the inherently competitive process of obtaining funding support.