16,586 research outputs found
Victims' Access to Justice in Trinidad and Tobago: An exploratory study of experiences and challenges of accessing criminal justice in a post-colonial society
This thesis investigates victims' access to justice in Trinidad and Tobago, using their own narratives. It seeks to capture how their experiences affected their identities as victims and citizens, alongside their perceptions of legitimacy regarding the criminal justice system. While there have been some reforms in the administration of criminal justice in Trinidad and Tobago, such reforms have not focused on victims' accessibility to the justice system. Using grounded theory methodology, qualitative data was collected through 31 in-depth interviews with victims and victim advocates. The analysis found that victims experienced interpersonal, structural, and systemic barriers at varying levels throughout the criminal justice system, which manifested as institutionalized secondary victimization, silencing and inequality. This thesis argues that such experiences not only served to appropriate conflict but demonstrates that access is often given in a very narrow sense. Furthermore, it shows a failure to encompass access to justice as appropriated conflicts are left to stagnate in the system as there is often very little resolution. Adopting a postcolonial lens to analyse victims' experiences, the analysis identified othering practices that served to institutionalize the vulnerability and powerlessness associated with victim identities. Here, it is argued that these othering practices also affected the rights consciousness of victims, delegitimating their identities as citizens. Moreover, as a result of their experiences, victims had mixed perceptions of the justice system. It is argued that while the system is a legitimate authority victims' endorsement of the system is questionable, therefore victims' experiences suggest that there is a reinforcement of the system's legal hegemony. The findings suggest that within the legal system of Trinidad and Tobago, legacies of colonialism shape the postcolonial present as the psychology and inequalities of the past are present in the interactions and processes of justice. These findings are relevant for policymakers in Trinidad and Tobago and other regions. From this study it is recognized that, to improve access to justice for victims, there needs to be a move towards victim empowerment that promotes resilience and enhances social capital. Going forward it is noted that there is a need for further research
Implementing Health Impact Assessment as a Required Component of Government Policymaking: A Multi-Level Exploration of the Determinants of Healthy Public Policy
It is widely understood that the public policies of ‘non-health’ government sectors have greater impacts on population health than those of the traditional healthcare realm. Health Impact Assessment (HIA) is a decision support tool that identifies and promotes the health benefits of policies while also mitigating their unintended negative consequences. Despite numerous calls to do so, the Ontario government has yet to implement HIA as a required component of policy development. This dissertation therefore sought to identify the contexts and factors that may both enable and impede HIA use at the sub-national (i.e., provincial, territorial, or state) government level.
The three integrated articles of this dissertation provide insights into specific aspects of the policy process as they relate to HIA. Chapter one details a case study of purposive information-seeking among public servants within Ontario’s Ministry of Education (MOE). Situated within Ontario’s Ministry of Health (MOH), chapter two presents a case study of policy collaboration between health and ‘non-health’ ministries. Finally, chapter three details a framework analysis of the political factors supporting health impact tool use in two sub-national jurisdictions – namely, Québec and South Australia.
MOE respondents (N=9) identified four components of policymaking ‘due diligence’, including evidence retrieval, consultation and collaboration, referencing, and risk analysis. As prospective HIA users, they also confirmed that information is not routinely sought to mitigate the potential negative health impacts of education-based policies. MOH respondents (N=8) identified the bureaucratic hierarchy as the brokering mechanism for inter-ministerial policy development. As prospective HIA stewards, they also confirmed that the ministry does not proactively flag the potential negative health impacts of non-health sector policies. Finally, ‘lessons learned’ from case articles specific to Québec (n=12) and South Australia (n=17) identified the political factors supporting tool use at different stages of the policy cycle, including agenda setting (‘policy elites’ and ‘political culture’), implementation (‘jurisdiction’), and sustained implementation (‘institutional power’).
This work provides important insights into ‘real life’ policymaking. By highlighting existing facilitators of and barriers to HIA use, the findings offer a useful starting point from which proponents may tailor context-specific strategies to sustainably implement HIA at the sub-national government level
Strategies for Early Learners
Welcome to learning about how to effectively plan curriculum for young children. This textbook will address: • Developing curriculum through the planning cycle • Theories that inform what we know about how children learn and the best ways for teachers to support learning • The three components of developmentally appropriate practice • Importance and value of play and intentional teaching • Different models of curriculum • Process of lesson planning (documenting planned experiences for children) • Physical, temporal, and social environments that set the stage for children’s learning • Appropriate guidance techniques to support children’s behaviors as the self-regulation abilities mature. • Planning for preschool-aged children in specific domains including o Physical development o Language and literacy o Math o Science o Creative (the visual and performing arts) o Diversity (social science and history) o Health and safety • Making children’s learning visible through documentation and assessmenthttps://scholar.utc.edu/open-textbooks/1001/thumbnail.jp
China’s approach to international law and the Belt and Road Initiative - perspectives from international investment law
This dissertation examines China’s approach to international law. In order to do so, it compares the country’s stance on international dispute resolution in past and present times. After a first historical chapter outlining China’s changeable relationship with international adjudication, the thesis subsequently focuses on contemporary developments. The emphasis here is on international instruments and mechanisms that China uses to protect investments within the Belt and Road Initiative.
This dissertation combines doctrinal analysis with concrete case studies and applies deductive as well as inductive methods. The study of the legal dimension of the initiative leads to the basic assumption that two coexisting regulatory complexes provide investment protection within the initiative. Accordingly, as a first complex, the dissertation analyses China’s design of investment protection treaties and China’s stance in the reform debate on the future of in-vestment arbitration. As an outcome, the analysis claims that even though the first complex does not relate specifically to the Belt and Road Initiative, this complex nevertheless has inextricable links to China’s approach in the initiative’s context. Soft law documents, which China has concluded with both state and non-state actors, and informal mechanisms of dispute resolution form the second regulatory complex. The study investigates their functions for investment protection in the Belt and Road Initiative.
In an overall view of the two regulatory complexes, this dissertation finds that China uses strictly legal and rather political methods for investment protection. In the synopsis of this result with the findings obtained from the historical part, the study concludes that China follows a realist approach to international law
Preferentialism and the conditionality of trade agreements. An application of the gravity model
Modern economic growth is driven by international trade, and the preferential trade agreement constitutes the primary fit-for-purpose mechanism of choice for establishing, facilitating, and governing its flows. However, too little attention has been afforded to the differences in content and conditionality associated with different trade agreements. This has led to an under-considered mischaracterisation of the design-flow relationship. Similarly, while the relationship between trade facilitation and trade is clear, the way trade facilitation affects other areas of economic activity, with respect to preferential trade agreements, has received considerably less attention. Particularly, in light of an increasingly globalised and interdependent trading system, the interplay between trade facilitation and foreign direct investment is of particular importance.
Accordingly, this thesis explores the bilateral trade and investment effects of specific conditionality sets, as established within Preferential Trade Agreements (PTAs).
Chapter one utilises recent content condition-indexes for depth, flexibility, and constraints on flexibility, established by Dür et al. (2014) and Baccini et al. (2015), within a gravity framework to estimate the average treatment effect of trade agreement characteristics across bilateral trade relationships in the Association of Southeast Asian Nations (ASEAN) from 1948-2015. This chapter finds that the composition of a given ASEAN trade agreement’s characteristic set has significantly determined the concomitant bilateral trade flows. Conditions determining the classification of a trade agreements depth are positively associated with an increase to bilateral trade; hereby representing the furthered removal of trade barriers and frictions as facilitated by deeper trade agreements. Flexibility conditions, and constraint on flexibility conditions, are also identified as significant determiners for a given trade agreement’s treatment effect of subsequent bilateral trade flows. Given the political nature of their inclusion (i.e., the appropriate address to short term domestic discontent) this influence is negative as regards trade flows. These results highlight the longer implementation and time frame requirements for trade impediments to be removed in a market with higher domestic uncertainty.
Chapter two explores the incorporation of non-trade issue (NTI) conditions in PTAs. Such conditions are increasing both at the intensive and extensive margins. There is a concern from developing nations that this growth of NTI inclusions serves as a way for high-income (HI) nations to dictate the trade agenda, such that developing nations are subject to ‘principled protectionism’. There is evidence that NTI provisions are partly driven by protectionist motives but the effect on trade flows remains largely undiscussed. Utilising the Gravity Model for trade, I test Lechner’s (2016) comprehensive NTI dataset for 202 bilateral country pairs across a 32-year timeframe and find that, on average, NTIs are associated with an increase to bilateral trade. Primarily this boost can be associated with the market access that a PTA utilising NTIs facilitates. In addition, these results are aligned theoretically with the discussions on market harmonisation, shared values, and the erosion of artificial production advantages. Instead of inhibiting trade through burdensome cost, NTIs are acting to support a more stable production and trading environment, motivated by enhanced market access. Employing a novel classification to capture the power supremacy associated with shaping NTIs, this chapter highlights that the positive impact of NTIs is largely driven by the relationship between HI nations and middle-to-low-income (MTLI) counterparts.
Chapter Three employs the gravity model, theoretically augmented for foreign direct investment (FDI), to estimate the effects of trade facilitation conditions utilising indexes established by Neufeld (2014) and the bilateral FDI data curated by UNCTAD (2014). The resultant dataset covers 104 countries, covering a period of 12 years (2001–2012), containing 23,640 observations. The results highlight the bilateral-FDI enhancing effects of trade facilitation conditions in the ASEAN context, aligning itself with the theoretical branch of FDI-PTA literature that has outlined how the ratification of a trade agreement results in increased and positive economic prospect between partners (Medvedev, 2012) resulting from the interrelation between trade and investment as set within an improving regulatory environment. The results align with the expectation that an enhanced trade facilitation landscape (one in which such formalities, procedures, information, and expectations around trade facilitation are conditioned for) is expected to incentivise and attract FDI
Coloniality and the Courtroom: Understanding Pre-trial Judicial Decision Making in Brazil
This thesis focuses on judicial decision making during custody hearings in Rio de Janeiro, Brazil. The impetus for the study is that while national and international protocols mandate the use of pre-trial detention only as a last resort, judges continue to detain people pre-trial in large numbers. Custody hearings were introduced in 2015, but the initiative has not produced the reduction in pre-trial detention that was hoped. This study aims to understand what informs judicial decision making at this stage. The research is approached through a decolonial lens to foreground legacies of colonialism, overlooked in mainstream criminological scholarship. This is an interview-based study, where key court actors (judges, prosecutors, and public defenders) and subject matter specialists were asked about influences on judicial decision making. Interview data is complemented by non-participatory observation of custody hearings. The research responds directly to Aliverti et al.'s (2021) call to ‘decolonize the criminal question’ by exposing and explaining how colonialism informs criminal justice practices. Answering the call in relation to judicial decision making, findings provide evidence that colonial-era assumptions, dynamics, and hierarchies were evident in the practice of custody hearings and continue to inform judges’ decisions, thus demonstrating the coloniality of justice. This study is significant for the new empirical data presented and theoretical innovation is also offered via the introduction of the ‘anticitizen’. The concept builds on Souza’s (2007) ‘subcitizen’ to account for the active pursuit of dangerous Others by judges casting themselves as crime fighters in a modern moral crusade. The findings point to the limited utility of human rights discourse – the normative approach to influencing judicial decision making around pre-trial detention – as a plurality of conceptualisations compete for dominance. This study has important implications for all actors aiming to reduce pre-trial detention in Brazil because unless underpinning colonial logics are addressed, every innovation risks becoming the next lei para inglês ver (law [just] for the English to see)
Embodying entrepreneurship: everyday practices, processes and routines in a technology incubator
The growing interest in the processes and practices of entrepreneurship has
been dominated by a consideration of temporality. Through a thirty-six-month
ethnography of a technology incubator, this thesis contributes to extant
understanding by exploring the effect of space. The first paper explores how
class structures from the surrounding city have appropriated entrepreneurship
within the incubator. The second paper adopts a more explicitly spatial analysis
to reveal how the use of space influences a common understanding of
entrepreneurship. The final paper looks more closely at the entrepreneurs within
the incubator and how they use visual symbols to develop their identity. Taken
together, the three papers reject the notion of entrepreneurship as a primarily
economic endeavour as articulated through commonly understood language and
propose entrepreneuring as an enigmatic attractor that is accessed through the
ambiguity of the non-verbal to develop the ‘new’. The thesis therefore contributes
to the understanding of entrepreneurship and proposes a distinct role for the non-verbal in that understanding
TOWARDS AN UNDERSTANDING OF EFFORTFUL FUNDRAISING EXPERIENCES: USING INTERPRETATIVE PHENOMENOLOGICAL ANALYSIS IN FUNDRAISING RESEARCH
Physical-activity oriented community fundraising has experienced an exponential growth in popularity over the past 15 years. The aim of this study was to explore the value of effortful fundraising experiences, from the point of view of participants, and explore the impact that these experiences have on people’s lives. This study used an IPA approach to interview 23 individuals, recognising the role of participants as proxy (nonprofessional) fundraisers for charitable organisations, and the unique organisation donor dynamic that this creates. It also bought together relevant psychological theory related to physical activity fundraising experiences (through a narrative literature review) and used primary interview data to substantiate these. Effortful fundraising experiences are examined in detail to understand their significance to participants, and how such experiences influence their connection with a charity or cause. This was done with an idiographic focus at first, before examining convergences and divergences across the sample. This study found that effortful fundraising experiences can have a profound positive impact upon community fundraisers in both the short and the long term. Additionally, it found that these experiences can be opportunities for charitable organisations to create lasting meaningful relationships with participants, and foster mutually beneficial lifetime relationships with them. Further research is needed to test specific psychological theory in this context, including self-esteem theory, self determination theory, and the martyrdom effect (among others)
Political Islam and grassroots activism in Turkey : a study of the pro-Islamist Virtue Party's grassroots activists and their affects on the electoral outcomes
This thesis presents an analysis of the spectacular rise of political Islam in Turkey. It has two aims: first to understand the underlying causes of the rise of the Welfare Party which -later became the Virtue Party- throughout the 1990s, and second to analyse how grassroots activism influenced this process. The thesis reviews the previous literature on the Islamic fundamentalist movements, political parties, political party systems and concentrates on the local party organisations and their effects on the party's electoral performance. It questions the categorisation of Islamic fundamentalism as an appropriate label for this movement. An exploration of such movements is particularly important in light of the event of 11`x' September. After exploring existing theoretical and case studies into political Islam and party activism, I present my qualitative case study. I have used ethnographic methodology and done participatory observations among grassroots activists in Ankara's two sub-districts covering 105 neighbourhoods. I examined the Turkish party system and the reasons for its collapse. It was observed that as a result of party fragmentation, electoral volatility and organisational decline and decline in the party identification among the citizens the Turkish party system has declined. However, the WP/VP profited from this trend enormously and emerged as
the main beneficiary of this process. Empirical data is analysed in four chapters, dealing with the different aspects of the Virtue Party's local organisations and grassroots activists. They deal with change and continuity in the party, the patterns of participation, the routes and motives for becoming a party activist, the profile of party activists and the local party organisations. I explore what they do and how they do it. The analysis reveals that the categorisation of Islamic fundamentalism is misplaced and the rise of political Islam in Turkey cannot be explained as religious revivalism or the rise of Islamic fundamentalism. It is a political force that drives its strength from the urban poor which has been harshly affected by the IMF directed neoliberal economy policies. In conclusion, it is shown that the WP/VP's electoral chances were significantly improved by its very efficient and effective party organisations and highly committed grassroots activists
- …