Consumer preferences and the National Treatment Principle: emerging environmental regulations prompt a new look at an old problem

Should consumers’ preference for ‘green’ products help justify,from a WTO perspective, emerging regulations such as restrictions on trade in non-sustainable biofuels? Despite the role consumer preferences have played in WTO disputes, in association with the ‘ like ’ products concept, there has not been enough focused examination of their specific influence, particularly in disputes on ethical public policy issues, such as environmental or health regulations. To this end, this paper examines key GATT Article III disputes, pointing out that they included attempts both to measure, and also to interpret, consumer preferences. The latter approach becomes more tempting when consumer preferences are difficult to measure; import bans or restrictions associated with ethical public policy regulations can bring about such a situation. A hypothetical dispute about EC biofuels sustainability criteria demonstrates this problem. Options to make the concept of consumer preferences more coherent include limitations on how they can be invoked, and an increased commitment to capturing them through measurement

The Hermeneutic Problem of Potency and Activity in Aristotle

Of Aristotle’s core terms, potency (dunamis) and actuality (energeia) are among the most important. But when we attempt to understand what they mean, we face the following problem: their primary meaning is movement, as a source (dunamis) or as movement itself (energeia). We therefore have to understand movement in order to understand them. But the structure of movement is itself articulated using these terms: it is the activity of a potential being, as potent. This paper examines this hermeneutic circle, and works out a strategy for reading Aristotle based on his conception of our epistemological predicament. This hermeneutic approach helps us gain access to the phenomena of movement and its sources (potency, and energeia). The paper closes with a review of the conceptual resources we deploy to think about movement: homogeneity, space and time, impulse, relativity, the blend of sameness and difference, and being and non-being. Showing that Aristotle uses none of these clears the landscape for a fresh inquiry into his account of movement

ATMAN, IDENTITY, AND EMANATION: ARGUMENTS FOR A HINDU ENVIRONMENTAL ETHIC

Many contemporary authors argue that since certain Hindu texts and traditions claim that all living beings are fundamentally the same as Brahman (God), these texts and traditions provide the basis for an environmental ethic. I outline three common versions of this argument, and argue that each fails to meet at least one criterion for an environmental ethic. This doesnt mean, however, that certain Hindu texts and traditions do not provide the basis for an environmental ethic. In the last section of the paper I briefly outline and defend an alternative, according to which all plants and animals have intrinsic value and direct moral standing in virtue of having a good

Phenomenology and Dimensional Approaches to Psychiatric Research and Classification

Contemporary psychiatry finds itself in the midst of a crisis of classification. The developments begun in the 1980s—with the third edition of the Diagnostic and Statistical Manual of Mental Disorders —successfully increased inter-rater reliability. However, these developments have done little to increase the predictive validity of our categories of disorder. A diagnosis based on DSM categories and criteria often fails to accurately anticipate course of illness or treatment response. In addition, there is little evidence that the DSM categories link up with genetic findings, and even less evidence that they..

Dialogical encounter argument as a source of rigour in the practice based PhD

This paper distinguishes between three views of argument: “argument as structure,” “argument as confrontation” and “argument as dialogical encounter.” Empirical studies of the criteria that examiners bring to the assessment of PhDs are cited. The studies provide evidence that qualities that align one or other of the three modes of argument figure significantly in the criteria that examiners bring to the assessment process. Embedded in the studies are respondents’ comments that suggest that the range of conceptions of argument held by PhD examiners is broad. Explicit use of the term “argument” is often made in reference to a minimal concept of argument ¬– “argument as structure.” However, the reported comments indicate a significant bias towards qualities associated with concepts of argument that lie somewhere along the spectrum between “argument as confrontation” and “argument as dialogical encounter” as a marker of quality in PhD research. Drawing on the work of Hans Georg Gadamer the paper will explore the possibilities opened up by adopting the view of “argument as dialogical encounter” in the context of the PhD. In particular I consider the issue of how PhD projects be structured so as to support the construction of arguments appropriate to practice based research in design? Keywords: Argument; Gadamer; Hermeneutics; Rigour; Practice Based Research; Phd Examination</p

The Permissible Reach of National Environmental Policies

Trading nations exchange tariff concessions in the context of trade liberalizing rounds. Tariffs, nonetheless, are not the only instrument affecting the value of a concession. Domestic instruments affect it as well, but public order is not negotiable, and, consequently, is not scheduled. Public order is unilaterally defined, but must respect the default rules concerning allocation of jurisdiction which are common to all WTO Members and bind them by virtue of their appurtenance to the international community. In this paper, we focus on the interaction between trade and environment. The purpose of this study is to highlight how these rules and the GATT/WTO jointly determine the scope for unilateral environmental policies for WTO Members. In the study we examine the relevant multilateral framework dealing with this issue, as well as the relevant GATT and WTO case-law. We also briefly present the jurisdictional default rules in Public International Law. As a means of focusing the discussion, we consider a series of scenarios, partly building on factual aspects of cases that have already been brought before the WTO. These scenarios are intended to isolate issues of specific interest from a policy point of view. For each scenario we then seek to determine what would the outcome be, in case WTO adjudicating bodies were to explicitly take account of the default rules concerning allocation of jurisdiction, something which has not been done to date. Our main conclusions are two-fold: on occasion, the outcome would be different, had WTO panels observed the default rules concerning allocation of jurisdiction; more generally, the default rules can help us understand the limits of some key obligations assumed under the WTO. Crucially, absent recourse to the default rules concerning allocation of jurisdiction, one risks understanding non-discrimination (the key GATT-obligation) as an instrument aimed to harmonize conditions of competition across markets, and not within markets, as the intent of negotiators has always been.Trade and Environment; WTO

Do technologies have politics? The new paradigm and pedagogy in networked learning

This paper explores the relationships between the technologies deployed in networked and e-Learning and the pedagogies and politics associated with them. Networked learning and the related move to e-Learning are coincident with the globalisation, commodification and massification of Higher Education. It examines the hard and soft forms of technological determinism (TD) found in the current advocacy of technological futures for Higher Education. Hard TD claims that new technologies bring about changes in the pedagogy found in networked learning and that these changes have a socially equalising or democratic effect. Soft TD claims that these changes are not the inevitable outcomes of technology but goes on to suggest that successful use of the technology rests upon exactly the same changes. These changes have been characterised as a ‘new paradigm’ in education