bluuebunny/crossref_metadata_2025 huggingface dataset:
Designing a Collective Approach to Peace: Interactive Design and Problem-Solving Workshops with Greek-Cypriot and Turkish-Cypriot Communities in Cyprus
Authors: Broome
Published: November 2003

A series of problem-solving workshops, facilitated by the author utilizing the “interactive management” design process, was held in Cyprus over a nine-month period with a bi-communal group of Greek Cypriots and Turkish Cypriots. Participants addressed peacebuilding efforts in Cyprus during three phases of group work in which they (a) explored the current situation surrounding such efforts, (b) developed a collective vision for the future, and (c) created an integrated set of activities that they would lead over the next two to three years. The process and the products from the group work are described, and personal reflections are offered about the context for the training, cultural considerations, political and practical difficulties, the impact of the workshops, and an evaluation of the training.
Unofficial Interventions with Official Actors: Parallel Negotiation Training in Violent Intrastate Conflicts
Authors: Chigas
Published: November 2003

The article compares the author's experience providing parallel negotiation training to the negotiating teams of the conflicting parties in El Salvador and South Africa as a pre-negotiation tool in its own right, rather than as a prelude to later joint dialogue sessions. Several general conclusions are posited about the key elements and challenges of parallel training used as an intervention tool, including the unusual role played by the trainer in this context as an partisan advisor-trainer, and the difficulties of building the parties' trust. Based on the experience in El Salvador and South Africa, the author proposes several ways in which parallel negotiation training contributes to a successful negotiation: (1) by helping the parties to deal with obstacles to negotiation, such as how the parties define or ``frame'' the conflict and how they view negotiations as a win-lose process; (2) by helping to build the parties' confidence and a sense of empowerment; and (3) by helping to improve the design, structure and implementation of the negotiation process itself.
Action Evaluation and Conflict Resolution Training: Theory, Method and Case Study
Authors: Rothman
Published: November 2003

Current efforts to develop an “appropriate technology” for evaluating conflict resolution methods, including conflict resolution training, are described. There is a need in conflict resolution for research and evaluation methods which are contextually sensitive to the setting, participants, content, and process of specific initiatives. This need parallels the idea of appropriate technology in third world development efforts, in which sensitivity to context and a great deal of local participation is sought to ensure that outside aid is truly wanted and helpful. Appropriate means of evaluating conflict resolution are still lacking; new methodologies consistent with, and even constitutive of, normative conflict resolution goals and values are required. The article describes and illustrates a process designed to bridge conflict resolution and evaluation, which is labeled “action-evaluation.”
The Potential Contribution of Training to Resolving International Conflict
Authors: Fisher
Published: November 2003

This concluding article summarizes and comments on the training cases in terms of the identity of the participants, the stated objectives, the claimed outcomes, the issues addressed and the methods of evaluation. The cases address a range of internal conflicts with international ramifications at various stages of expression from ongoing difficulties, to stalemate, to settlement. There is considerable variety in the scope and focus of objectives, from changing the culture of conflict of a society to shifting the norms of negotiation from adversarial to cooperative. The overall theme is that training interventions can increase the participants' capacity for problem solving and conflict management in ways that support the ultimate resolution of their conflict. The analysis of the issues addressed in the cases shows a moderate level of concern on the part of this group of trainers, with some issues receiving more attention than others. The issue of cultural appropriateness is partly addressed by the cases, but a need is identified for more sophisticated attention through cultural analyses of an anthropological nature and through cross-cultural training for trainers themselves. The educational approach adopted in the cases is largely prescriptive within a collaborative orientation, thus demonstrating a need for more elicitive procedures. Maintaining the training focus and managing political intrusions were issues not commented on frequently in the cases, and yet they are concerns of continuing importance. The issue of succession appears to be well handled in this sample of interventions, with lead trainers being sensitive to developing apprentices who can function independently at the point of program termination. Evaluation is addressed in all the cases, but the depth and scope of such efforts varies considerably, thus demonstrating that the evaluation agenda requires greater investment by the field. Similarly, the question of transfer is raised in most cases, but is addressed in very different ways depending largely on the identity of the participants. Concluding comments provide a general assessment of the cases, and raise questions intended to direct the practice of training as interactive conflict resolution toward continued professional development.
From Research to Application: Utilizing Research Findings in Negotiation Training Programs
Authors: Druckman  , Robinson
Published: November 2003

This article discusses a project that uses research findings in negotiation training programs. Results from more than 100 published articles were organized by thematic categories and summarized in the form of twelve narrative statements. The narratives were used by trainees in applied exercises that featured three simulated professional roles: analyst, strategist, and designer of simulations. Three workshops were conducted, two with United Nations' diplomats and one with students in a university graduate program. Results showed that all participants were positive about the usefulness of the narratives, the ease of execution of the roles, and the case exercises. However, the analyst and strategist roles were easier to execute than the designer role. The graduate students in the longer university workshop produced better group products (in each role) than did the diplomats in the shorter sessions. Participants from both types of sessions indicated that the experience had substantial long-term impact on their subsequent professional work. The article concludes with a discussion of some of the innovative aspects of the project, some lessons learned, and next steps to be taken.
Simulations and Experiential Learning in the International Relations Classroom
Authors: Lantis
Published: November 2003

This article explores the value of experiential learning about international negotiations through role-playing exercises. Simulations have been employed successfully in international relations courses since the late 1950s, but the end of the Cold War has prompted a renewed interest in simulations as interactive teaching tools that capture the dynamics of change in the international system. Building on the existing literature on simulations, I describe an effective role-playing exercise for the new era, the Global Problems Summit, which was originally designed for an advanced undergraduate Political Science course at The College of Wooster. This simulation is structured to fulfill clear educational objectives by providing an opportunity for experiential learning about international diplomacy and the complexity of global problems, an understanding of different national perspectives on these issues, and the development of negotiation and communication skills to promote international cooperation. Three years of successful application lead me to conclude that the Global Problems Summit and related role-playing simulations can truly enliven the international relations classroom and enhance the learning experience.
Reciprocity Research and Its Implications for the Negotiation Process
Authors: Komorita  , Parks
Published: November 2003

While social scientists have discussed the issue of reciprocation for many years, much of current behavioral research stems from Robert Axelrod's computer simulations of behavioral strategies in prisoner's dilemma games. Axelrod showed that a tit-for-tat strategy – cooperate on the first trial, and thereafter behave as your opponent did on the previous trial – earned a higher average payoff than any other tested strategy. We review both the computer simulation and empirical research that followed his studies. We suggest that it would be fruitful to extend this research to the negotiation paradigm, for two reasons: (1) many of the findings have direct bearing on elements of the negotiation process, and (2) there are unique aspects of the negotiation process that pose interesting questions for social dilemma research.
When Does Reciprocity in the Actions of Nations Occur?
Authors: Patchen
Published: November 2003

To understand the occurrence of reciprocation, we must consider the ways in which the prior actions of another nation may affect decision makers' expectancies and the values they give to various possible outcomes of the interaction. Cooperative prior action by the other tends to raise the actor's expectancy that his own cooperative action will result in mutual cooperation and also to increase the intrinsic value of cooperation. Conflictive actions by the other nation will tend to raise the value that decision makers place on winning over the other and to decrease their expectancies that cooperative behavior will result in mutual cooperation. While the prior actions of the other tend to lead to reciprocation, its occurrence depends also on other factors that affect national leaders' expectancies and values. Relevant other factors include the extent to which the nations are dependent on exchange relations with each other and the relative power of the two sides. Mutual reciprocity is most likely when there is a high and balanced level of exchange and when the power of the two sides is about equal.
Colleagues or Combatants? Experts as Environmental Diplomats
Authors: Auer
Published: November 2003

Professionals with advanced training in natural, physical, social and applied sciences or ``experts'' are important actors in international environmental negotiation. Experts participate in environmental negotiation by identifying problems, building and testing theories, communicating science knowledge and advising. They are generally less prominent in formal bargaining. This paper considers whether environmental negotiation is facilitated when experts participate in the formulation and detailing of agreements. Case material explores the regime of the Baltic Sea where civil servants with advanced training in science and engineering are direct participants in the regime's annual cycle of negotiations. The inquiry begins in 1983 and ends in 1995. During this period, expert-diplomats failed to reach consensus on politically-binding recommendations bearing on the region's most pollution-prone industry, the pulp and paper industry. Conditions for consensual decision-making were present: member states' expert-diplomats were individuals with similar technical training, professional values, and responsibilities. Yet conflict prevailed over consensus, driven by experts' narrowly defined research agendas and their allegiances to particular problem-solving technologies. These differences were magnified by the negotiators' pride in national scientific and technological institutions and capabilities.
Negotiating the European Union: Introduction
Authors: Lodge  , Pfetsch
Published: November 2003

No Abstract
Negotiating the European Union: A Negotiation-Network Approach
Authors: Pfetsch
Published: November 2003

Negotiations are central to the functioning and dynamic development of the European Union. Historically, force, equilibrium or hegemony have underscored regional integration schemes in Europe, but, in contrast, the European Union is a voluntarily agreed arrangement of sovereign or semi-sovereign states that solve their conflicts by means of non-coercive negotiations. Due to its complex structure, the EU encourages the formation of networks, and negotiation is the most important vehicle for establishing and keeping these networks in operation. In particular, the concept of polyarchic networks can help to explain activities among unequal negotiation partners in the EU.
Negotiations in Networks in the European Union
Authors: Elgström  , Sannerstedt  , Jönsson  , Bjurulf  , Strömvik
Published: November 2003

Multi-level governance is a term that is commonly used to characterize the nature of the European Union. In this article we argue that multi-level governance requires a research focus on negotiations and networks. Our focus is on day-to-day negotiations rather than ``history-making'' decisions, and we proceed from the assumption that negotiations vary in character across issue areas. After discussing the distinctive features of EU negotiations and applying the multidimensional network concept to the EU, we formulate a number of hypotheses as to why network patterns vary across issue areas and how network characteristics affect negotiations. Some illustrative cases are briefly presented, and some tentative observations are proffered concerning the role of networks in EU negotiations.
International Limits to National Claims in EU Constitutional Negotiations: The Spanish Government and the Asylum Right for EU citizens
Authors: Closa
Published: November 2003

An examination of EU constitutional negotiations allows for the identification of influences behind specific outcomes. A close inspection of particular issues demonstrates the necessity to revise purely realistic and instrumental approaches that focus primarily on formal negotiators, that is, national governments. Other actors, such as interest groups, can enter the negotiation arena by using empowering resources that are alternatives to state power. In some cases, such as the discussion of asylum rights for EU nationals during the 1996 Intergovernmental Conference, interest groups joined the negotiation and did not pursue self-interest, but rather sought to design broader constitutional principles of the EU. The formal negotiator, the Spanish government, was faced with pressure from these groups that emanated from a set of international norms and moral beliefs that underpinned their claims. Their success is significant, not only because they diluted the Spanish government's proposal, but because their performance demonstrated important characteristics of a maturing European civil society.
Leadership in European Union Negotiations: The Presidency of the Council
Authors: Metcalfe
Published: November 2003

This article argues that the Presidency of the Council of Ministers plays a crucial leadership role in policy making negotiations in the Council of the European Union (EU). The analysis begins with a detailed description of leadership resources available to the Presidency. Sufficient resources of coercion, reward, legitimacy, socialization, expertise and information exist to support the thesis that the Presidency plays a major role. Based on these findings, the most effective leadership strategy of the Presidency is defined as guiding the negotiating parties toward the achievement of common ends through a cooperative process. Further study reveals that a more sophisticated understanding of leadership can be developed by linking strategies to leadership contexts. The paper concludes that the Presidency has the potential to play an effective leadership role and that the interplay between different sources of leadership is important to understanding the dynamics of multilateral negotiation.
Negotiating Treaty Reform in the European Union: The Role of the European Commission
Authors: Jørgensen  , Christiansen
Published: November 2003

In this article we seek to show that treaty reform is best seen as a process, and that we are witnessing a process of constitutionalization. We challenge the distinction between day-to-day politics and the high politics of treaty reform, demonstrating that high politics approaches are unable to take the significant role of non-governmental actors into consideration. While the European Commission's impact on the Maastricht Treaty was fairly limited, particularly concerning Political Union issues, we conclude that the Commission's impact on the Amstrerdam Treaty has been considerable. In fact, such an impact is not surprising given the Commission's technical expertise and its close cooperation with both the Council Secretariat and the Presidency of the Council. It is only if the impact of non-governmental actors, such as the Commission (and the Council Secretariat), is assumed to be negligible and therefore left unexamined that our findings are surprising. In this way, the article contributes to criticism of intergovernmental approaches to European integration.
A Comparison of American and Russian Patterns of Behavior in Buyer-Seller Negotiations Using Observational Measures
Authors: Roemer  , Neu  , Garb  , Graham
Published: November 2003

The study compares American and Russian patterns of conversational behaviors in the context of a simulated buyer-seller negotiation involving 60 American and 52 Russian businesspeople participating in intracultural, face-to-face bargaining sessions. Each session was tape-recorded, and the tapes were subsequently transcribed, translated, and coded for 20 content analysis categories. The behaviors of the Russians differed in some respects from the Americans, but overall we discovered surprising similarity in the patterns of bargaining behaviors. However, most importantly, the effects of those behaviors on negotiation outcomes (i.e., profits and satisfaction) were found to vary substantially across cultures.
Chinese Thought, Game Theory, and Strategic International Negotiations
Authors: Weigelt  , Jehn
Published: November 2003

In this article, the insights of Chinese philosophy and economic game theory are examined with a focus on international negotiations. While Chinese philosophy texts have existed for over 2,000 years, game theory is a more recent tool of strategic analysis. We illustrate four strategic negotiation principles based on these two theories with stylized examples specifically designed to help negotiators involved in international contexts.
Differentiation, Leaders, and Fairness: Negotiating Climate Commitments in the European Community
Authors: Ringius
Published: November 2003

Scholars contend that symmetrical environmental measures are widely used because they simplify negotiations, prevent countries from pursuing extreme bargaining positions, and reflect salient focal points. This article argues that it is possible to negotiate and reach asymmetrical environmental agreements that take into account significant national dissimilarities. It is demonstrated that analytical models and intuitively appealing model-based quantitative indicators of national circumstances can establish premises for negotiations leading to differentiated environmental agreements. While they do not take the place of political negotiation, they help identify a formula that defines the problem in a resolvable fashion and prevents the bargaining space from expanding uncontrollably. Moreover, in pre-Kyoto European Community climate policy, which this article empirically examines, high transaction costs and EC member states' ability to block costly agreements were not essential. The article concludes by suggesting four recommendations for reaching differentiated environmental agreements.
Non-State Actor Influence in the Negotiations of the Convention to Combat Desertification
Authors: Corell
Published: November 2003

This article explores the role of expertise in decision-making by studying the influence of non-state actors in the negotiations of the Convention to Combat Desertification. Actors possessing issue-relevant knowledge and the skill and judgment in how to use this knowledge – often referred to as experts – are consulted on specific issues and may exert influence over the result of negotiating processes. Conventional wisdom suggests that since they are requested to provide advice, scientific advisers are likely to wield high levels of influence at certain moments in environmental negotiations. There is also a growing literature that suggests that NGOs have increasing influence in such negotiations. This article examines both these propositions and finds that, in the case of the desertification negotiations, the formally appointed scientific advisory body – the International Panel of Experts on Desertification (IPED) – had insignificant influence on the process and outcome of the negotiations. This was due to IPED's perception of its own role, a preemption of IPED's functions, and the mandate and design of IPED. NGOs, however, exerted a high degree of influence because of the participatory approach promoted in the Convention, the composition of the attending NGOs, and the supporting environment in the negotiations. The article concludes by suggesting some implications of these findings for international environmental negotiations.
Cooperative Management Regimes: Collaborative Problem-Solving to Implement Sustainable Development
Authors: Meadowcroft
Published: November 2003

Over the past decade, there have been important changes in the way in which governments in developed countries have approached the management of environmental problems. Ideas of ``partnership,'' public-private cooperation, and negotiated solutions have increasingly come to the fore, as the persistence and complexity of certain types of environmental challenge have come to be appreciated. This essay focuses on a particular type of collaboration: where groups based in different social domains establish cooperative relationships focused around managing specific environmental burdens over time. After presenting an ideal-type description of such a practically focused and negotiation-centered approach to environmental governance, the argument moves on to consider potential advantages, but also possible difficulties, that may be associated with this innovative management strategy. It suggests that collaborative and problem-oriented approaches are likely to prove central to the effort to implement sustainable development.
Can NGOs Enhance the Effectiveness of International Negotiation?
Authors: Albin
Published: November 2003

This article discusses when and how NGOs succeed in making positive contributions to international negotiations, in ways that governments are not able or willing to do as well alone. Among the factors favoring substantial NGO involvement are appeal to the interests of participating governments, possession of needed expertise, effective lobbying, framing of issues as wider global or human concerns and public mobilization over these, and plentiful funding. Seven types of NGO activities relating to negotiation are identified: problem definition, agenda setting, and goal setting; enforcement of principles and norms; provision of information and expertise; public advocacy and mobilization; lobbying; direct participation in the formulation of international agreements; and monitoring and other assistance with compliance. Despite the increased presence and activism of NGOs on the international stage, however, their participation in negotiating fora remains largely unofficial, ad hoc, or subjected to the preferences of national governments. A principled and cautious expansion of the opportunities for NGOs to participate in international negotiations could enhance the effectiveness and legitimacy of their outcomes.
Negotiations over Transboundary Air Pollution: The Case of Europe
Authors: Björkbom
Published: November 2003

The Convention on Long-Range Transboundary Air Pollution (CLRTAP) has a history covering about thirty years. Over time, NGOs, international and national, environmental, commercial and industrial, have had various degrees of impact on preparations for and the negotiations of its seven substantive Protocols. A special case is the role of science in the CLRTAP process. Can scientific communities or small groups of scientists that have been involved be characterized as NGOs? The answer depends on their roles in the different groups and task forces established under the CLRTAP. This article argues that NGO influence has been more important at the national level in the democratic processes leading to the development of national positions than in their influence during the actual international negotiations. The main influence of NGOs lies in making policy makers aware of environmental problems. There are limitations to NGO participation in the intergovernmental negotiation process, although the scientific NGO input has become a necessary element and strongly influences negotiation outcomes. NGO development towards science has also created an interdependence between the scientific community and policymakers.
Book Reviews
Authors:   de Chazournes
Published: November 2003

No Abstract
The Conservation of Whales and Dolphins: Science and Practice
Authors:   Birnie
Published: November 2003

No Abstract
Medical Guidelines — Reception and Application by the Law: The German Example
Authors: Hart
Published: November 2003

Medical or clinical practice guidelines of professional institutions establish rules (standards) for good medical treatment (quality of care). They take the form of international, national, regional and local guidelines and are set up by international and national medical organisations, mainly by medical scientific societies, but also by regional (e.g. medical associations in the German Länder states) and local (up to hospital departments) institutions. The rules of good medical treatment (medical or clinical practice guidelines) have to conform to the corresponding medical standard, which is defined by scientific knowledge (evidence-based medicine), practical experience and professional acceptance. The binding character of the standard for medical practice increases with the reliability of scientific evidence and practical experience. Insofar, medical guidelines which correspond to the standard fulfil a quality assurance function for medical treatment as a means of communication in the medical profession, an implementation function for the enforcement of standards and thus also a protective function for patients. Three main issues are concerned: the harmonisation of the procedure for development and the criteria for the quality of good clinical guidelines ("guideline for guidelines"); the legitimation of the objectives of professional guidelines towards the patients and the transformation or reception of medical guidelines by the law. Guidelines can be legally transformed by the courts into standards of due care in liability law, into statutory health insurance law (directives) by the legislator or into the law of tax-financed national health systems. In this function they rationalise (e. g. medical malpractice) decisions of the courts or the legislator by increasing the transparency of their medical basis and thus also contribute to the quality improvement of legal decision-making on medical malpractice. Medical guidelines can also influence (legally binding) health insurance law directives. On principle, guidelines of the scientific medical associations do not involve any economic considerations (efficiency) and should be strictly separated from these (principle of separation and transparency). Medical guidelines have to be differentiated from (health insurance law) directives and recommendations. In addition to the quality assurance function, the guarantee function for efficiency of treatment is a priority for health insurances.
Consent and Capacity in Psychiatric Practice Revisited
Authors: McClelland  , Szmukler
Published: November 2003

No Abstract
Toward Legal Recognition for Termination of Life without Request?; Remarks on Advice No 9 of the Belgian Advisory Committee on Bioethics Concerning Termination of Life of Incompetent Patients
Authors: Strubbe
Published: November 2003

No Abstract
The Process of Health Legislation Reform in the Republic of Slovenia
Authors: Drnovsek  , Cesen
Published: November 2003

Slovenia was among the first European countries to introduce laws and regulations in the social security field, including public health. The current health legislation is the culmination of a century-long development of the health care system through different periods and diverse political and economic conditions affecting the region. The present organization of the health care system reflects the pattern of partnership which already existed in the former Yugoslavia. The ultimate goal of all countries is to implement health care activities within a system ensuring active participation and partnership of citizens who are universally covered by a public health insurance scheme, health legislators and providers of health services. Slovenia has therefore not been confronted with any major difficulties in implementing health care system reforms. By amending and modifying its health legislation Slovenia will build upon its good points, improve clarity and integrate certain approaches important for the functioning of its health care system in the European Union when Slovenia becomes a full member. Changes are directed towards:strengthening inter-sectoral cooperation and health and safety at work;creating environments supporting a healthy life style and emphasizing personal responsibility for one's own health;— maintaining a unified public health insurance scheme and sufficient financing through employer and employee contributions;— introducing voluntary health insurance;— developing in a controlled way an efficient and effective private medical practice;— strengthening of management in public health institutions and increasing staff's responsibility for business success.— implementing quality improvement systems.
European Court of Human Rights
Authors: Hendriks
Published: November 2003

No Abstract
Kerry Petersen, Ed. Intersections: Women on Law, Medicine and Technology, Medico-Legal Series, Aldershot
Authors: Cook
Published: November 2003

No Abstract
The First Health Law Conference in the 21st Century
Authors: Kokkonen
Published: November 2003

No Abstract
Legal Prerequisites for Clinical Trials Under the Revised Declaration of Helsinki and the European Convention on Human Rights and Biomedicine
Authors: Rosenau
Published: November 2003

Biomedical research is a perennially controversial subject. While the provisions of the Revised Declaration of Helsinki enjoy world-wide acceptance, they are increasingly placed in question — not least by the Council of Europe's Bioethics Convention, which allows non-therapeutic research in restricted cases on those incapable of giving informed consent. Taking as its starting-point the fundamental conflict between the general interest in research and the individual interests of the patients concerned, this article analyses the conditions under which medical experimentation on human beings is permissible. The article recognises the model of risk/benefit analysis and the doctrine of informed consent as equally valid core principles which do not conflict with restricted, non-therapeutic research, whether on patients who lack the capacity to consent or in placebo-controlled trials.
Patients Rights in the Nordic Countries
Authors: Fallberg
Published: November 2003

No Abstract
Premarket Review of Medical Devices in the United States
Authors: Chai
Published: November 2003

It has been sixty years since the Congress first authorized FDA to regulate medical devices. During this period, countless studies, reports, and investigations have been targeted at medical devices. The law has been significantly modified several times, and the regulations revised on numerous occasions. As for any other scheme of administration or management, revisions are necessary as demand arises for legislative attention to societal risks, the economy fluctuates, and when businesses expand and globalize. Studying the U.S. system of medical device regulation merely from a contemporary perspective fails to take into account the significance of decades of effort in maintaining the quality and integrity of the system in an ever-changing field of medical device regulation.The three-pronged medical device regulatory system that entails inspection of manufacturing facilities, premarket approval, and postmarket recall and reporting enables the public to benefit from medical devices without the fear of unreasonable risk with their use (Appendix 1). President Clinton proudly pronounced the following in a 1995 speech:Today, Americans don't have to worry about safety or effectiveness when they buy [drugs and medical devices] - from cough syrups to the latest antibiotics or pacemakers. The Food and Drug Administration has made American drugs and medical devices the envy of the world and in demand all over the world. And we are going to stick with the standards we have - the highest in the world.…^218
John Harris and Soren Holm (Eds). The Future of Human Reproduction: Ethics, Choice and Regulation
Authors: Sokalska
Published: November 2003

No Abstract
Insurance and Genetics: European Policy Options
Authors: Wiesing  , McGleenan
Published: November 2003

No Abstract
Late Termination of Pregnancy Because of Severe Foetal Abnormalities: Legal Acceptability, Notification and Review in The Netherlands
Authors: Te Braake
Published: November 2003

No Abstract
A New Law on Organ Donation in Greece: One More Effort to Advance Transplants
Authors: Canellopoulou-Bottis
Published: November 2003

No Abstract
Legal Reforms of the Polish Health Care System in View of Accessing the European Union
Authors: Exter
Published: November 2003

The 1980s was a decade of protracted crisis within state socialism in Central and Eastern Europe, most manifestly in Poland. Poland became the trendsetter and model for change not only during the crisis of State socialism but also afterwards, during the pre-transition crisis and breakthrough from one system to another and the first period of democratic transition. Poland, therefore, experienced both the advantages and disadvantages of being a pioneer. This is for instance the case with the health care sector.This paper examines recent legislative changes in the Polish health care system. A descriptive analysis of the current legal framework identifies the main changes that have occurred since the dissolution of the socialist health system. Further research of, in particular, the new Health Insurance Act reveals several discrepancies with respect to its 'compatibility' with European Community law. Since adoption of the acquis communautaire is a prerequisite for accession, the author discusses a main acquis aspect related to social health insurance law, viz the implementation of Co-ordination Regulation 1408/71.
Criteria for the Management of Waiting Lists and Waiting Times in Health Care, a Council of Europe Report and Recommendation
Authors: Abbing
Published: November 2003

No Abstract
Holland W. and Mossialos E. Public Health Policies in the European Union
Authors: Nys
Published: November 2003

No Abstract
Stanislaw Frankowski, ed. Legal Responses to AIDS in Comparative Perspective, Kluwer Law International
Authors: Fluss
Published: November 2003

No Abstract
Belgium: Towards a Legal Recognition of Euthanasia
Authors: Broeckaert
Published: November 2003

No Abstract
Euthanasia and Assistance to End of Life Legislation in France
Authors: Duguet
Published: November 2003

No Abstract
European Product Safety, Liability and Single-Use Devices in a Medical Context
Authors: Lierman
Published: November 2003

No Abstract
Book Review: R. Bennett, C.A. Erin eds,. HIV and AIDS. Testing, screening, and confidentiality.
Authors: de Wert
Published: November 2003

No Abstract
Protecting the Rights of Human Subjects in Emergency Research
Authors: Plomer
Published: November 2003

No Abstract
HIV/AIDS Epidemic — a Global Response the Twenty-Sixth Special Session of the General Assembly of the United Nations on HIV/AIDS
Authors: Sokalska
Published: November 2003

No Abstract
Maastricht 2002: Health Law in an Era of Globalisation
Authors: Nys  , van Wijmen
Published: November 2003

No Abstract
Ageism in the NHS and the Human Rights Act 1998: An Ethical and Legal Enquiry
Authors: Nesbitt  , Sayers
Published: November 2003

In the United Kingdom, the Human Rights Act 1998 came into force on 2 October 2000. This Act has implications for the National Health Service, that are speculative and to date largely untested in the Courts. The area considered here, is the way in which the Act may impact on age discrimination as it relates to provision of health care. Ageist policy and decision-making is analysed in conjunction with the Human Rights Act and Articles 2, 3, 8 and 14 of the European Convention on Human Rights.The rationality of ageism and the justifications used to support its practice are challenged. The equal right to life-saving treatment of elderly patients is defended as inviolable, unless offset by other reasonable considerations, which as argued should not be age per se.
Advance Directives in Psychiatry
Authors: Gevers
Published: November 2003

No Abstract
Nosocomial Infection, Physicians and Health Care Institutions: The Present State of French Case Law
Authors: Thomas  , Rougé  , Rial
Published: November 2003

Infections acquired in health care institutions are a topic of which professionals and the general public are becoming increasingly aware of. The growing number of lawsuits relating to nosocomial infection increases the anxiety felt by professionals in this domain. With increased emphasis on safety in the field of health, the notion of obligation of safety has made its appearance in French case law.The recent evolution of judicial case law concerning nosocomial infection has far-reaching consequences in terms of liability for health care institutions and physicians. The difference in legal provisions governing the patient in a state-run institution and the patient in a privately-owned institution now no longer exists. The presumption of liability accepted for state-run institutions (1988) and for private institutions (1996) is now replaced by no-fault liability (responsabilité sans faute) and through it the safe-outcome obligation (obligation de sécurité de résultat) for private institutions and physicians in private practice.
The Regulation of Assisted Reproduction in Spanish Law. The Ruling of the Spanish Constitutional Court of 17 June 1999
Authors: Martínez
Published: November 2003

No Abstract
European Courts
Authors: Hendriks
Published: November 2003

No Abstract
Privacy and its Fallacies
Authors: Kuitenbrouwer
Published: November 2003

No Abstract
Introduction to the Special Privacy Issue
Authors: Hooghiemstra
Published: November 2003

No Abstract
European Directive of October 24, 1995 and Protection of Medical Data: The Consequences of the French Law Governing Data Processing and Freedoms
Authors: Bossi
Published: November 2003

No Abstract
The Implementation of the European Directive 95/46/EC in Greece and Medical/Genetic Data
Authors: Canellopoulou-Bottis
Published: November 2003

No Abstract
The Implementation of Directive 95/46/EC in the Netherlands, with Special Regard to Medical Data
Authors: Hooghiemstra
Published: November 2003

No Abstract
Did the Watchdog Bark, Bite or Whimper? The UK Report on the Use of Personal Genetic Information
Authors: Liddell
Published: November 2003

No Abstract
Court of Justice of the European Communities
Authors: Bulterman
Published: November 2003

No Abstract
Constitutional Rights to Health Care: The Consequences of Placing Limits on the Right to Health Care in Several Western and Eastern European Countries
Authors: den Exter  , Hermans
Published: November 2003

This paper examines the right to health care. Various expressions of this right may be distinguished. These include both individual rights and social rights which could be based upon international treaties and constitutional rights. They may be found in national health legislation and, in some cases, in jurisprudence. To analyze the consequences of limiting the right to health care, a framework for judicial review has been developed which encompasses these expressions of the right to health care. The framework was used to examine legal and health policy developments in three Western and two Eastern European countries. In Italy and the Netherlands the right to health care is protected constitutionally (but on differing legal bases) while the United Kingdom does not have a written constitution. In contrast, Hungary and Poland have for many years seen the state take responsible for the provision, administration and allocation of health care services and the right to health care was guaranteed theoretically but not in practice because of the lack of (financial) means. However, the Polish Constitution explicitly anticipates possible limitations of the right to health care. What all these countries have in common is a cost containment perspective where the future will bring even tighter limits on what resources patients may consume. Despite differences in legal structure between these countries, where they seem to converge is on the consequences of putting limitations on the right to health care. The courts in Italy, the Netherlands and the UK have formulated conditions drawn from the acceptance that this right has to be judged within the context of limited resources. It may be concluded that finding a compromise between the right to health care and cost containment policies could also be an issue, Eastern European countries will have to face in the future.
Freedom of Speech -- Into Force for Physicians?
Authors: Petersen  , Segest  , Ortmann  , Lyngbye
Published: November 2003

Health policy is influenced by many sources. However, a prerequisite for a healthy health sector is an open dialogue, also in public. The opposite undermines the principle of patient rights, and squandering legitimation for the health sector and the physicians, too. The Scandinavian-Model is often mentioned in ensuring the citizen's rights, and open-minded debates. However, it may now and then be disrepected too much by the principals in power. We therefore found it of interest to report some concrete cases from the last decade, where physicians in Denmark exercised their right of freedom of speech, and as a consequence being dismissed, on the grounds of un-cooperativeness, but actually should be seen as a form of censure.
The Netherlands
Authors: Swildens-Rozendaal  , van Boxtel  , Kamp
Published: November 2003

No Abstract
Lawrence O. Gostin and Zita Lazzarini Human Rights and Public Health in the AIDS Pandemic
Authors: Fluss
Published: November 2003

No Abstract
The Convention on Human Rights and Biomedicine: A Canadian Perspective
Authors: Molinari
Published: November 2003

No Abstract
The Unwritten Constitutional Right to Subsistence Brief Comment of 27 October 1995 Judgment of the Swiss Federal Court in the Perspective of a Right to Health Care
Authors: Sprumont
Published: November 2003

No Abstract
Is the Legislation of European States in Keeping with the Recent Convention on Human Rights and Biomedicine?
Authors: San Marco  , Terriou  , Pellissier  , Reviron  , Giocanti  , Hairion  , Auquier  , Manuel
Published: November 2003

The Convention on Human Rights and Biomedicine, the first legally binding international instrument in the field of bioethics, was adopted in November 1996. In the present paper, following a brief overview of some of the Convention's provisions likely to conflict with national enactments already in effect, we shall attempt, on the basis of the materials available in the International Digest of Health Legislation, to analyse the positions adopted by the different states involved and to identify foreseeable conflicts, focusing on the following four issues: human genome; protection of the embryo; scientific research; and protection of live organ donors.
Society has a Duty to Take Care of its Ailing Members — About the Difficulty to Fulfill this Task Adequately
Authors: Martin
Published: November 2003

No Abstract
The Development of a Health Law Doctrine in Lithuania
Authors: Birmontiene
Published: November 2003

No Abstract
Court of Justice of the European Communities
Authors: Bulterman  , Hendriks
Published: November 2003

No Abstract
V.A. Sharpe and A.I. Faden Medical harm. Historical, conceptual and ethical dimensions of iatrogenic illness
Authors: Schutyser
Published: November 2003

No Abstract
The Future of Informed Consent in British Common Law
Authors: Earle
Published: November 2003

Within the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.
The Protection of the Person in Medical Research in the Spanish Law
Authors: Vidal-Martínez
Published: November 2003

No Abstract
Central Health Database in Iceland and Patient's Rights
Authors: Roscam Abbing
Published: November 2003

No Abstract
Free Movement of Good and Services in Health Care: a Comment on the Court Cases Decker and Kohll from a Belgian Point of View
Authors: Baeyens
Published: November 2003

No Abstract
Decker and Kohll and the Dutch System of Social Health Insurance
Authors: Lugtenberg  , van Thiel
Published: November 2003

No Abstract
The New Privacy Law In Belgium: A Legal Basis For Organised Cancer Screening
Authors: Wallyn  , Arbyn  , van Oyen  , Nys  , Dhont  , Seutin
Published: November 2003

No Abstract
Preventing Impunity for the Violator and Ensuring Remedies for the Victim
Authors:   Eide
Published: November 2003

No Abstract
Breaking the Cycle of Impunity for Gross Violations of Human Rights: The Pinochet Case in Perspective
Authors:   Rodley
Published: November 2003

No Abstract
Impunity: An Impossible Reparation
Authors:   Rojas Baeza
Published: November 2003

No Abstract
The International Criminal Court
Authors:   Fife
Published: November 2003

No Abstract
Occasional Remarks on Certain State Concerns about the Jurisdictional Reach of the International Criminal Court, and Their Possible Implications for the Relationship between the Court and the Security Council
Authors:   Bergsmo
Published: November 2003

No Abstract
Human Rights and Refugees: Enhancing Protection through International Human Rights Law
Authors:   Gorlick
Published: November 2003

This essay analyses how UN mechanisms of human rights protection – namely the UN Commission and Sub-Commission on Human Rights, the Committee Against Torture, the Committee on the Rights of the Child and the Human Rights Committee – can be used as a practical and analytical tool to enhance the protection of refugees and suggests that they can make a significant contribution to refugee protection. Although UN mechanisms may not provide a framework of protection as expansive and reliable as domestic systems, recent developments in international human rights law have contributed to an increasingly important legal framework that can be invoked in support of both specific cases and more broad-based advocacy on behalf of refugees. This article draws on specific examples to argue that UNHCR and refugee advocates can use these laws and mechanisms to enhance protection principles and give effect to forms of enforcement.