Using legal definitions to increase the accessibility of legal documents

FDR Trias Europea: de verhoudingen tussen de overheidsmachten in de EU en de lidstaten in een bewegend constitutioneel landschap -- ou

ADB–OECD Study on Enhancing Financial Accessibility for SMEs: Lessons from Recent Crises

During the era of global financial uncertainty, stable access to appropriate funding sources has been much harder for small and medium-sized enterprises (SMEs). The global financial crisis impacted SMEs and entrepreneurs disproportionately, exacerbating their traditional financing constraints. The financial conditions of many SMEs were weakened by the drop in demand for goods and services and the credit tightening. The sovereign debt crisis that hit several European countries contributed to further deterioration in bank lending activities, which negatively affected private sector development. The global regulatory response to financial crises, such as the Basel Capital Accord, while designed to reduce systemic risks may also constrain bank lending to SMEs. In particular, Basel III requires banks to have tighter risk management as well as greater capital and liquidity. Resulting asset preference and deleveraging of banks, particularly European banks with significant presence in Asia, could limit the availability of funding for SMEs in Asia and the Pacific. Lessons from the recent financial crises have motivated many countries to consider SME access to finance beyond conventional bank credit and to diversify their national financial system. Improving SME access to finance is a policy priority at the country and global level. Poor access to finance is a critical inhibiting factor to the survival and growth potential of SMEs. Financial inclusion is thus key to the development of the SME sector, which is a driver of job creation and social cohesion and takes a pivotal role in scaling up national economies. The Asian Development Bank (ADB) and the Organisation for Economic Co-operation and Development (OECD) have recognized that it is crucial to develop a comprehensive range of policy options on SME finance, including innovative financing models. With this in mind, sharing Asian and OECD experiences on SME financing would result in insightful discussions on improving SME access to finance at a time of global financial uncertainty. Based on intensive discussions in two workshops organized by ADB in Manila on 6–7 March 2013 and by OECD in Paris on 21 October 2013, the two organizations together compiled this study report on enhancing financial accessibility for SMEs, especially focusing on lessons from the past and recent crises in Asia and OECD countries. The report takes a comparative look at ADB and OECD experiences, and aims to identify promising policy solutions for creating an SME base that is resilient to crisis, from a viewpoint of access to finance, and which can help drive growth and development

Implementation conditions for diet and physical activity interventions and policies : an umbrella review

BACKGROUND: This umbrella review aimed at identifying evidence-based conditions important for successful implementation of interventions and policies promoting a healthy diet, physical activity (PA), and a reduction in sedentary behaviors (SB). In particular, we examined if the implementation conditions identified were intervention-specific or policy-specific. This study was undertaken as part of the DEterminants of DIet and Physical Activity (DEDIPAC) Knowledge Hub, a joint action as part of the European Joint Programming Initiative a Healthy Diet for a Healthy Life. METHODS: A systematic review of reviews and stakeholder documents was conducted. Data from nine scientific literature databases were analyzed (95 documents met the inclusion criteria). Additionally, published documentation of eight major stakeholders (e.g., World Health Organization) were systematically searched (17 documents met the inclusion criteria). The RE-AIM framework was used to categorize elicited conditions. Across the implementation conditions 25 % were identified in at least four documents and were subsequently classified as having obtained sufficient support. RESULTS: We identified 312 potential conditions relevant for successful implementation; 83 of these received sufficient support. Using the RE-AIM framework eight implementation conditions that obtained support referred to the reach in the target population; five addressed efficacy of implementation processes; 24 concerned adoption by the target staff, setting, or institutions; 43 referred to consistency, costs, and adaptations made in the implementation process; three addressed maintenance of effects over time. The vast majority of implementation conditions (87.9 %; 73 of 83) were supported by documents referring to both interventions and policies. There were seven policy-specific implementation conditions, which focused on increasing complexities of coexisting policies/legal instruments and their consequences for implementation, as well as politicians' collaboration in implementation. CONCLUSIONS: The use of the proposed list of 83 conditions for successful implementation may enhance the implementation of interventions and policies which pursue identification of the most successful actions aimed at improving diet, PA and reducing SB

Congestion costing critique

The Urban Mobility Report (UMR) is a widely-cited study that quantifies and monetises (measures in monetary units) traffic congestion costs in U.S. metropolitan regions. This report critically examines the UMR’s assumptions and methods. The UMR reflects an older planning paradigm which assumes that “transportation” means automobile travel, and so evaluates transport system performance based primarily on automobile travel speeds; it ignores other modes, other planning objectives and other impacts. The UMR methodology overestimates congestion costs and roadway expansion benefits by using higher baseline speeds and travel time unit cost values than most experts recommend, by ignoring induced travel impacts, and using an inaccurate speed-emission curve. Its estimates represent upper-bound values and are two- to four times higher than result from more realistic assumptions. The UMR claims that congestion costs are “massive,” although they increase total travel time and fuel consumption by 2% at most. It exaggerates future congestion problems by ignoring evidence of peaking vehicle travel and changing travel demands. The UMR ignores basic research principles: it fails to identify best current practices, explain assumptions, document sources, incorporate peer review, or respond to criticisms

Supporting emerging researchers in data management and curation

While scholarly publishing remains the key means for determining researchers’ impact, international funding body requirements and government recommendations relating to research data management (RDM), sharing and preservation mean that the underlying research data are becoming increasingly valuable in their own right. This is true not only for researchers in the sciences but also in the humanities and creative arts as well. The ability to exploit their own - and others’ - data is emerging as a crucial skill for researchers across all disciplines. However, despite Generation Y researchers being ‘highly competent and ubiquitous users of information technologies generally’ they appears to be a widespread lack of understanding and uncertainty about open access and self-archived resources (Jisc study, 2012). This chapter will consider the potential support that academic librarians might provide to support Generation Y researchers in this shifting research data landscape and examine the role of the library as part of institutional infrastructure. The changing landscape will impact research libraries most keenly over the next few years as they work to develop infrastructure and support systems to identify and maintain access to a diverse array of research data outputs. However, the data that are being produced through research are no different to those being produced by artists, politicians and the general public. In this respect, all libraries - whether they be academic, national, or local - will need to be gearing up to ensure they are able to accept and provide access to an ever increasing range of complex digital objects

Intellectual property rights in a knowledge-based economy

Intellectual property rights (IPR) have been created as economic mechanisms to facilitate ongoing innovation by granting inventors a temporary monopoly in return for disclosure of technical know-how. Since the beginning of 1980s, IPR have come under scrutiny as new technological paradigms appeared with the emergence of knowledge-based industries. Knowledge-based products are intangible, non-excludable and non-rivalrous goods. Consequently, it is difficult for their creators to control their dissemination and use. In particular, many information goods are based on network externalities and on the creation of market standards. At the same time, information technologies are generic in the sense of being useful in many places in the economy. Hence, policy makers often define current IPR regimes in the context of new technologies as both over- and under-protective. They are over-protective in the sense that they prevent the dissemination of information which has a very high social value; they are under-protective in the sense that they do not provide strong control over the appropriation of rents from their invention and thus may not provide strong incentives to innovate. During the 1980s, attempts to assess the role of IPR in the process of technological learning have found that even though firms in high-tech sectors do use patents as part of their strategy for intellectual property protection, the reliance of these sectors on patents as an information source for innovation is lower than in traditional industries. Intellectual property rights are based mainly on patents for technical inventions and on copyrights for artistic works. Patents are granted only if inventions display minimal levels of utility, novelty and non-obviousness of technical know-how. By contrast, copyrights protect only final works and their derivatives, but guarantee protection for longer periods, according to the Berne Convention. Licensing is a legal aid that allows the use of patented technology by other firms, in return for royalty fees paid to the inventor. Licensing can be contracted on an exclusive or non-exclusive basis, but in most countries patented knowledge can be exclusively held by its inventors, as legal provisions for compulsory licensing of technologies do not exist. The fair use doctrine aims to prevent formation of perfect monopolies over technological fields and copyrighted artefacts as a result of IPR application. Hence, the use of patented and copyrighted works is permissible in academic research, education and the development of technologies that are complimentary to core technologies. Trade secrecy is meant to prevent inadvertent technology transfer to rival firms and is based on contracts between companies and employees. However, as trade secrets prohibit transfer of knowledge within industries, regulators have attempted to foster disclosure of technical know-how by institutional means of patents, copyrights and sui-generis laws. And indeed, following the provisions formed by IPR regulation, firms have shifted from methods of trade secrecy towards patenting strategies to achieve improved protection of intellectual property, as well as means to acquire competitive advantages in the market by monopolization of technological advances.economics of technology ;

The right to health as the basis for universal health coverage : a cross-national analysis of national medicines policies of 71 countries

Persistent barriers to universal access to medicines are limited social protection in the event of illness, inadequate financing for essential medicines, frequent stock-outs in the public sector, and high prices in the private sector. We argue that greater coherence between human rights law, national medicines policies, and universal health coverage schemes can address these barriers. We present a cross-national content analysis of national medicines policies from 71 countries published between 1990-2016. The World Health Organization's ( WHO) 2001 guidelines for developing and implementing a national medicines policy and all 71 national medicines policies were assessed on 12 principles, linking a health systems approach to essential medicines with international human rights law for medicines affordability and financing for vulnerable groups. National medicines policies most frequently contain measures for medicines selection and efficient spending/cost-effectiveness. Four principles ( legal right to health; government financing; efficient spending; and financial protection of vulnerable populations) are significantly stronger in national medicines policies published after 2004 than before. Six principles have remained weak or absent: pooling user contributions, international cooperation, and four principles for good governance. Overall, South Africa ( 1996), Indonesia and South Sudan ( 2006), Philippines ( 2011-2016), Malaysia ( 2012), Somalia ( 2013), Afghanistan ( 2014), and Uganda ( 2015) include the most relevant texts and can be used as models for other settings. We conclude that WHO's 2001 guidelines have guided the content and language of many subsequent national medicines policies. WHO and national policy makers can use these principles and the practical examples identified in our study to further align national medicines policies with human rights law and with Target 3.8 for universal access to essential medicines in the Sustainable Development Goals

Determination of the influence of specific building regulations in smart buildings

The automation of domestic services began to be implemented in buildings since the late nineteenth century, and today we are used to terms like ‘intelligent buildings’, ‘digital home’ or ‘domotic buildings’. These concepts tell us about constructions which integrate new technologies in order to improve comfort, optimize energy consumption or enhance the security of users. In conjunction, building regulations have been updated to suit the needs of society and to regulate these new facilities in such structures. However, we are not always sure about how far, from the quantitative or qualitative point of view, legislation should regulate certain aspects of the building activity. Consequently, content analysis is adopted in this research to determine the influence of building regulations in the implementation of new technologies in the construction process. This study includes the analysis of different European regulations, the collection and documentation of such guidelines that have been established and a study of the impact that all of these have had in the way we start thinking an architectural project. The achievements of the research could be explained in terms of the regulatory requirements that must be taken into account in order to achieve a successful implementation of a home automation system, and the key finding has been the confirmation of how the design of smart buildings may be promoted through specific regulatory requirements while other factors, such as the global economic situation, do not seem to affect directly the rate of penetration of home automation in construction

Compatibility of Breeding Techniques in Organic Systems

Introduction The rapid development of genetic engineering techniques is leading to a level of genetic disruption never experienced before. In order to safeguard organic integrity and to ensure organic food will continue to meet the highest consumer expectations in this challenging situation, IFOAM - Organics International is proposing a number of measures to be put in place to further fortify and enhance the organic sector’s available genetic resources. This position paper provides clarity and transparency on the criteria used by the organic sector as to what breeding techniques are compatible with organic systems, which techniques to exclude, and definitions on what should be considered as genetic engineering and genetically modified organisms (GMOs). We further differentiate between the criteria relevant for organic breeding as defined in the IFOAM – Organics International norms, versus the criteria for cultivars and breeds derived from nonorganic breeding programs regarding their compatibility for the use in commercial organic production and processing. The following experts are members of the IFOAM Working Group on New Plant Breeding Techniques: Michael Glos, Monika Messmer, Gebhard Rossmanith, Gunter Backes, Michael Sligh, Adrian Rodriguez-Burruezo, Heli Matilainen, Andre Leu, Louise Luttikholt, Helen Jensen, Eric Gall, Chito Medina, Krishna Prasad, Kirsten Arp