The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

The prevailing assumption is that anResearch underlying this study was conducted with support of the Russian Foundation for Basic Research grant #17-06-00460.agreement feature originates in one linguistic element, that is a controller, and is copied onto another one, a target. This form-to-form approach encounters massive difficulties when confronted with data, such as missing controllers or feature mismatches. A cognition-to-form mapping approach is proposed instead, suggesting that agreement features, such as person, number, and gender, are associated with referents in the cognitive (...) representation. They serve to specify referents on either notional or conventional grounds, and are thus referential features. Referential features are mapped onto various sites in linguistic structure, including inflections. Parallel agreement between various sites is observed, as a side effect of mappings from the same cognitive source. Languages differ in which and how many sites for marking referential features they require. Analysis of Russian evidence suggests that the cognition-to-form mapping approach has a much greater explanatory force than the traditional form-to-form approach. There are only peripheral classes of instances in which form-to-form agreement may be needed as a supplementary factor. In general, the roots of agreement lie in cognitively motivated discourse processes associated with reference. (shrink)

We recorded Event-Related Potentials to investigate differences in the use of gender information during the processing of reflexive pronouns. Pronouns either matched the gender provided by role nouns (such as “king” or “engineer”) or did not. We compared two types of gender information, definitional information, which is semantic in nature (a mother is female), or stereotypical (a nurse is likely to be female). When they followed definitional role-nouns, gender-mismatching pronouns elicited a P600 effect reflecting a failure in the agreement process. (...) When instead the gender violation occurred after stereotypical role-nouns the Event Related Potential response was biphasic, being positive in parietal electrodes and negative in anterior left electrodes. The use of a correlational approach showed that those participants with more “feminine” or “expressive” self sex-role descriptions showed a P600 response for stereotype violations, suggesting that they experienced the mismatch as an agreement violation; whereas less “expressive” participants showed an Nref effect, indicating more effort spent in linking the pronouns with the possible, although less likely, counter-stereotypical referent. (shrink)

Although the neural systems that underlie spoken language are well-known, how they adapt to evolving social cues during natural conversations remains an unanswered question. In this work we investigate the neural correlates of face-to-face conversations between two individuals using functional near infrared spectroscopy and acoustical analyses of concurrent audio recordings. Nineteen pairs of healthy adults engaged in live discussions on two controversial topics where their opinions were either in agreement or disagreement. Participants were matched according to their a priori opinions (...) on these topics as assessed by questionnaire. Acoustic measures of the recorded speech including the fundamental frequency range, median fundamental frequency, syllable rate, and acoustic energy were elevated during disagreement relative to agreement. Consistent with both the a priori opinion ratings and the acoustic findings, neural activity associated with long-range functional networks, rather than the canonical language areas, was also differentiated by the two conditions. Specifically, the frontoparietal system including bilateral dorsolateral prefrontal cortex, left supramarginal gyrus, angular gyrus, and superior temporal gyrus showed increased activity while talking during disagreement. In contrast, talking during agreement was characterized by increased activity in a social and attention network including right supramarginal gyrus, bilateral frontal eye-fields, and left frontopolar regions. Further, these social and visual attention networks were more synchronous across brains during agreement than disagreement. Rather than localized modulation of the canonical language system, these findings are most consistent with a model of distributed and adaptive language-related processes including cross-brain neural coupling that serves dynamic verbal exchanges. (shrink)

The prevailing assumption is that an Research underlying this study was conducted with support of the Russian Foundation for Basic Research grant #17-06-00460.agreement feature originates in one linguistic element, that is a controller, and is copied onto another one, a target. This form-to-form approach encounters massive difficulties when confronted with data, such as missing controllers or feature mismatches. A cognition-to-form mapping approach is proposed instead, suggesting that agreement features, such as person, number, and gender, are associated with referents in the (...) cognitive representation. They serve to specify referents on either notional or conventional grounds, and are thus referential features. Referential features are mapped onto various sites in linguistic structure, including inflections. Parallel agreement between various sites is observed, as a side effect of mappings from the same cognitive source. Languages differ in which and how many sites for marking referential features they require. Analysis of Russian evidence suggests that the cognition-to-form mapping approach has a much greater explanatory force than the traditional form-to-form approach. There are only peripheral classes of instances in which form-to-form agreement may be needed as a supplementary factor. In general, the roots of agreement lie in cognitively motivated discourse processes associated with reference. (shrink)

Opioid treatment agreements are written agreements between physicians and patients enumerating the risks associated with opioid medications along with the requirements that patients must meet to receive these medications on an ongoing basis. The choice to use such agreements goes beyond the standard informed consent process, and has a distinctive symbolic significance. Specifically, it suggests that physicians regard it as important to hold their patients accountable for adhering to various protocols regarding the use of their opioid medications. (...) After laying out a taxonomy of accountability relationships between physicians and patients, I argue that opioid treatment agreements are only justifiable for physicians to use in their provision of care if they improve public health outcomes, which has yet to be demonstrated. (shrink)

ABSTRACT:We examine supervisor-subordinate agreement regarding perceptions of the supervisor’s ethical leadership and its relationship to organizational deviance. We find that, on average, supervisors rate themselves more favorably on ethical leadership compared to how followers rate them. In addition, polynomial regression results reveal that unit-level organizational deviance is higher when there is agreement about lower levels of ethical leadership, and disagreement when supervisors rate themselves higher on ethical leadership than subordinates’ ratings of the supervisors. Finally, drawing on social influence theories, we (...) look at antecedents of agreement and find that supervisors’ beliefs about themselves and others are associated with self-other agreement on ethical leadership. (shrink)

The inclusion of animals in research studies involves a great responsibility to ensure animal welfare within the relevant ethical and legal frameworks. This study aimed to review compliance with the ARRIVE Essential 10 requirements and the ethical oversight of animal behaviour and welfare studies in farm animals. Three journals and a total of 133 articles were reviewed for compliance with the ARRIVE Essential 10 items and criteria. Each article obtained a final score according to whether or not each criterion was (...) met within each item. Likewise, ethical declaration in each article was recorded. Chi-square test and linear models were built to assess associations between the ethical statement presentation and the final ARRIVE Essential 10 score with the country, the species, and the journal. We found that 15% of the articles did not present an ethical statement. The journal with the highest impact factor and the countries of the Global South presented an ethical statement more frequently. Regarding the Essential 10, the item with the lowest agreement score was ‘Blinding’ and the one with the highest agreement was ‘Outcome Measures’. Also, significant differences were found between journals in terms of the Essential 10 score. Essential 10 provides relevant information that allows reviewers and readers to identify possible welfare risks and the validity of the results in animal welfare science publications. (shrink)

An international legal agreement governing the global antimicrobial commons would represent the strongest commitment mechanism for achieving collective action on antimicrobial resistance (AMR). Since AMR has important similarities to climate change—both are common pool resource challenges that require massive, long-term political commitments—the first article in this special issue draws lessons from various climate agreements that could be applicable for developing a grand bargain on AMR. We consider the similarities and differences between the Paris Climate Agreement and current governance structures (...) for AMR, and identify the merits and challenges associated with different international forums for developing a long-term international agreement on AMR. To be effective, fair, and feasible, an enduring legal agreement on AMR will require a combination of universal, differentiated, and individualized requirements, nationally determined contributions that are regularly reviewed and ratcheted up in level of ambition, a regular independent scientific stocktake to support evidence informed policymaking, and a concrete global goal to rally support. (shrink)

I outline a pragmatic view of scientists' use of observation which draws attention to non-discursive, instrumental and social contexts of observation, in order to explain scientists' agreement about the appearance and significance of new phenomena. I argue that: observation is embedded in a network of activities, techniques, and interests; that experimentalists make construals of new phenomena which enable them communicate exploratory techniques and their outcomes, and that empirical enquiry consists of communicative, exploratory and predictive strategies whose interdependence ensures that, notwithstanding (...) the constructedness of representations and the empirical underdetermination of theories, observations contain information about the natural world. (shrink)

Abstract:In contrast to “social contract” theories of the corporation, a moral justification of the corporation as actual, not hypothetical, agreement is presented. Central to the justification is the idea of personal projects, as developed by Loren Lomasky. The key idea is the role that corporations can play in the construction and advancement of personal, value-creating projects. The concept of the corporation as actual agreement, as a type of “right of association” theory, is defended against influential criticism of such theories (...) by Thomas Donaldson. (shrink)

This research aimed to examine the agreement between body mass index -based nutritional status and perceived nutritional status overall and by socio-demographic factors and to state the association between the accuracy of weight perception and weight control practices in the Chilean adult population. A population-based cross-sectional study was carried out with 5,192 Chilean adult participants from the Chilean National Health Survey 2016–2017. Agreement between BMI-based weight status and body weight perception for the total sample and across subgroups was determined (...) using the weighted kappa coefficient. The agreement between BMI-based and perceived nutritional status of the total sample was fair. A higher rate of weight perception accuracy was identified in women, younger respondents, and participants with higher education, a higher income, and from urban areas than their counterparts. Respondents with overweight or obesity tended to underestimate their nutritional status. Actions to lose weight were higher in those who had the right perception of their overweight/obesity condition and those who overestimated their body weight, regardless of their nutritional status. In all groups, weight loss behaviors were more related to the perceived than the BMI-based nutritional status. The consequences of accurate perception of the nutritional status are discussed including its effects on body weight and mental health. (shrink)

In 1947, Jacques Maritain argued before the UN that “men mutually opposed in their theoretical conceptions can come to a merely practical agreement regarding a list of human rights.” Maritain justified this thesis using a progressive theory of the natural law which rests on a distinction between the natural law as operative in human nature and the natural law as known and articulated. Drawing on Maritain’s 1951 Man and the State, this essay defends a MacIntyrian reading of Maritain’s thesis and (...) its plausibility against four objections from Ralph McInerny, Charles Taylor, and Alasdair MacIntyre himself. (shrink)

A conflict of interest is a situation in which a person has competing loyalties or interests that make it difficult to fulfil his or her duties impartially. Conflict of interest is not categorically improper in itself but requires proper management. A SCOPUS literature search was performed for publications on the efficacy/safety of Phospho-Di-Esterase Inhibitors for treating erectile dysfunction. A categorization tool was used to review and classify the publications as supportive/not-supportive for the discussed active ingredient and reporting or not reporting (...) a COI for that specific drug or for the remaining PDEIs. Multivariable binary logistic regression was performed. In the 419 selected records the prevalence of supportive opinions was higher when a COI for the index label was declared. The CoOpCaT showed good internal consistency, discriminative validity and intra/inter-rater agreement. The strongest predictor for a supportive opinion was the total number of financial COIs for the index label. A mild protective effect of the total number of financial COIs for any competitor label was noted. Financial COIs have frequently been associated with bias, and the measures currently adopted to restrain it lack effectiveness. Some evidence for monitoring and/or compensating this bias is reported here, but the ultimate solution remains distant. (shrink)

The author has elsewhere defended the view that accepting a bribe involves the violation of an implicit or explicit promise or understanding associated with an office or position that one occupies and that therefore it is prima facie wrong to accept a bribe. Michael Philips has criticized this position in a recent paper. He argues that (a) there are cases in which accepting a bribe violates no promises or agreements, and (b) there are cases in which there is no (...) prima facie duty to refuse an offer of a bribe. The author offers replies to both of these objections. (shrink)

This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common laws imagination, the ideal party is a ground-up organization animated by its (...) membership. But the law mandates no such thing, and in its statutory and constitutional conception intra-party democracy may be sublimated as parties need be no more than an electoral persona or brand. (shrink)

An attentional-associative model (Schmajuk et al. 1996), previously evaluated against multiple sets of classical conditioning data, is applied to causal learning. In agreement with Mitchell et al.'s suggestion, according to the model associative learning can be a conscious, controlled process. However, whereas our model correctly predicts blocking following or preceding subadditive training, the propositional approach cannot account for those results.

BackgroundWhenever South African research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement in place that uses as framework the standard MTA newly gazetted by the South African Minister of Health.Main bodyThe article offers a legal analysis of the SA MTA and focuses on its substantive fit with the broader legal environment in South Africa, and the clarity and practicality of its terms. The following problematic (...) aspects of the SA MTA are highlighted: Where only data and no human biological material are transferred, the SA MTA does not apply, leaving a lacuna; Health Research Ethics Committees are required to be parties to a MTA despite it being outside their legal mandate and undermining their oversight function; the SA MTA’s consent provisions are not aligned with extant law; and, similarly, its provision on donor ownership is misaligned with extant law; its creation of fictitious performance can only cause frustration on the part of an injured party; its benefit-sharing provision is vague and will have little practical effect; its dispute-resolution provisions fail to adequately protect South African research institutions and research participants; it fails to provide substantive guidance regarding intellectual property as its provisions relating to intellectual property may cause practical problems; and, finally, its data privacy provision is insufficiently specific, is overbroad, and fails to provide terms that in general would facilitate the international sharing of human biological material and associated data in terms of existing privacy law.ConclusionsWhile some of the problematic aspects of the SA MTA are intricate and require consultative processes with stakeholders and others, to develop comprehensive solutions, most of the problematic aspects can be resolved immediately through amendments by the South African Minister of Health. The formulation of such amendments is proposed and, where possible, interim measures are suggested that may ameliorate the problems presented by the SA MTA. (shrink)

Epistemology has been socialised. Cognitive and social interactions between observers are now as important as their interventions into the course of nature. This contrasts with traditional views of how we get natural facts into our discourse about nature. These assumed the efficacy of individual observers’ causal interactions with the natural world, making their interactions with other observers irrelevant. Kant’s conclusion that empirical access depends also upon our concepts did not challenge the individualistic character of the epistemology of science. Observers’ agreement (...) about their observations showed that each individual can have independent perceptual access to one and the same world.Historical and sociological studies of science show that social and procedural aspects of observation in the laboratory make an essential contribution to consensus about observations (see Knorr-Cetina and Mulkay (1983) and Gooding (1985a). (shrink)

Large mining projects can generate highly inequitable outcomes, with affected communities bearing the burden of social and environmental costs while economic benefits accrue largely to domestic and foreign metropolitan centres. This raises important ethical and social justice issues, as does the finite nature of mineral resources, which can mean that current generations enjoy the benefits of mining while future generations bear the costs of environmental and social impacts that can continue long after mining ends. During recent decades two broad approaches, (...) voluntary industry initiatives and government regulation, have been employed in attempts to achieve a more equitable distribution of mining’s positive and negative effects. Both have serious drawbacks. Industry initiatives are ultimately voluntary and may be abandoned in tough economic times; they can be highly variable across companies and projects; and they suffer from serious compliance issues. Public regulation can be inflexible, is subject to industry capture, and in many major mineral producing nations a ‘retreat from regulation’ is reducing its relevance. This article considers whether, and under what conditions, a third and emergent instrument, community development agreements, can help overcome the shortcomings associated with industry initiatives and public regulation. It argues that CDAs have considerable potential in this regard, but that communities can encounter significant practical challenges in their negotiation and implementation. In addition, disparities in negotiation power between communities and project developers can result in inequitable agreements, indicating a continued need for government involvement to create a more level ‘negotiation terrain’. (shrink)

The Lithuanian success of implementing international obligation in order to encourage the regulation of labour relations by means of collective agreements is analyzed in this article. It is emphasized that development of social partnership is too slow, coverage of regulation of labour relations by means of collective agreement also is low-level and collective agreements basically are made at the plant level. It is noticed that, because of the need to find a suitable balance between implementing the international obligation (...) to encourage regulation of labour relations by means of collective agreements, and the necessity to undermine the raison d’être of the regulation by means of collective agreements itself, as the process, where attitudes of social partners has to be harmonised at maximum, the state has limited scope to influence the process of making collective agreements. (shrink)

The goal of this book is to develop a new approach to reading the rule-following sections guided by a simple idea. The simple idea is that Wittgenstein's remarks on rule-following are split between two distinct but complementary projects. The projects are marked not only by different guiding questions, but different presuppositions and methodologies. There is of course precedent for reading the rule-following remarks as comprising two parts. For example, there is the reading of (S. Kripke 1982) on which Wittgenstein first (...) presents a skeptical challenge before turning to its skeptical solution. And there are readings like (Minar 2011) and (Goldfarb 2012) that likewise treat the sections as roughly divided into two components or "chapters." But even these commentators do not explicitly associate their components with different questions and associated methodologies, and so fall short of attributing to Wittgenstein's text anything quite like the thoroughgoing bipartite structure I will be proposing here. (shrink)

It is widely agreed, claims John Horton, “that the core of the concept of toleration is the refusal, where one has the power to do so, to prohibit or seriously interfere with conduct one finds objectionable”.1 Liberals champion toleration as one of the main political virtues of a just society. The tolerant society is one which protects a diverse array of fundamental freedoms ranging from freedom of conscience and religion to freedom of expression and freedom of association. Secure in (...) the knowledge that the constitution guarantees these various freedoms, citizens can freely pursue the lifestyles they find most fulfilling, regardless of the fact that the majority of people may or may not find their.. (shrink)

Reviewer evaluations and recommendations for 853 manuscript submissions, over a span of 4 years, are analyzed for evidence of particularistic bias, reviewer agreement, and predictive validity for forecasting a published manuscript's citation impact. Attributes of the submitters, their affiliated institutions, and the reviewers have little consistent association with reviewers' recommendations or editorial decision outcomes. Furthermore, reviewers' recommendations demonstrate a reasonable degree of agreement. However, neither reviewers' evaluative ratings across five dimensions nor publication recommendations can predict the number of citations (...) that a published article subsequently receives. Strengths and limitations of various features of the manuscript review process, as well as the importance of monitoring the process for particularistic biases and evidence of predictive validity, are discussed. (shrink)

Hybrid and pluralist accounts of concepts agree that the class of concepts includes a multiplicity of heterogeneous representational structures, such as prototypes, sets of exemplars and theories. In this paper I argue that these accounts agree on two additional central claims related to the ways in which they articulate those structures: each type of representational structure can be used independently in psychological processes, and co-referential concepts are associated in a distinctive way as representations of the same category. Although they disagree (...) on concept individuation, they seem to agree that on a processing dimension there are multiple independent representations for a given category and on a long-term storage dimension concepts that represent the same category conform an epistemic unity. (shrink)

This is an excerpt from the contentThe Khmer Rouge Tribunal is charged with prosecuting senior leaders and those most responsible for mass crimes committed in Cambodia during the 1970s. It has a unique structure as a court formally embedded in the Cambodian domestic system but with international participation by the UN. Under the agreement between Cambodia and the UN, the Tribunal has been composed of both local and international judges. On July 19, 2007, the prosecutors submitted a list of five (...) persons to the Tribunal’s co-investigating judges and requested that they be indicted and brought to trial.The current volume III of a series of volumes in this collection provides for the final trial evidence submitted by the co-lawyers for civil parties and the final closing statements by the co-prosecutors as of 2009 in the trial of Kaing Guek Eav , chairman of Tuol Sleng prison, Security Center 21 where at least 12,272 ‘enemies of the revolution’ were sent to be “smashed” . T. (shrink)

The Stabilization and Association Agreement with the Republic of Kosovo is a new chapter in the new institutional and social functioning because it has direct impact on the citizens’ life in our country. The effects of the agreement are not only in trading but those are multiple effects, since they do touch the political stability, the rule of law, democratic governance, economic development, trade exchange, regional economic cooperation, etc. and therefore the relevance of this agreement should not be seen (...) from a single viewpoint, but rather from a wider perspective and we should dedicate more attention to the direct legal and trading issues. This agreement in the short term will create perspective and hope, in the middle term, it will create political stability, whereas in the long term, it will bring economic development, and genuinely trading exchange. (shrink)

! The Stabilization and Association Agreement between BiH and the European Union is available for readers at the BiH Parliament web page. The content of SAA is available at the front web page of BiH Parliament, under the link entitled "highlighted", BiH Parliament Office for Public Relations stated. ! Thanked to donation of Norway in the amount of about 20.000 KM and UNDP aid with 3.000 KM, National Library in Srebrenica reconstructed its premises for students and reading. They bought (...) furniture and equipment for the reading room which now provides with new services - web page and internet, since six new computers were bought. The library now has more than 35.000 books. Reading room is equipped entirely and it will be open daily. !BiH Defense Ministry announced the second public notice for recruitment of soldiers in professorial military service of BiH Army Forces, valid to August, 4, BiH Defense Ministry stated. The announcement read that in total there are 541 vacancies in the military service for admission to professional service of BiH Army forces, where 202 vacancies are envisaged for Bosniaks, 204 for Croats and 135 for Serbs. Having in mind the fact that the candidates' documents were retained on which basis the candidates were called to testing on the public announcement, on March 27, these potential candidates can apply only by application form. (shrink)

In this paper, we present an informal introduction to Logical English and illustrate its use to standardise the legal wording of the Automatic Early Termination clauses of International Swaps and Derivatives Association Agreements. LE can be viewed both as an alternative to conventional legal English for expressing legal documents, and as an alternative to conventional computer languages for automating legal documents. LE is a controlled natural language, which is designed both to be computer-executable and to be readable by (...) English speakers without special training. The basic form of LE is syntactic sugar for logic programs, in which all sentences have the same standard form, either as rules of the form conclusion if conditions or as unconditional sentences of the form conclusion. However, LE extends normal logic programming by introducing features that are present in other computer languages and other logics. These features include typed variables signalled by common nouns, and existentially quantified variables in the conclusions of sentences signalled by indefinite articles. Although LE translates naturally into a logic programming language such as Prolog or ASP, it can also serve as a neutral standard, which can be compiled into other lower-level computer languages. (shrink)

Twenty Years of Poland's Euro-Atlantic Foreign Policy During the years 1989-1991, after a deep transformation of the internal system and the international order in Europe, Poland pursued a sovereign foreign policy. The new policy had the following general goals: 1) to develop a new international security system which would guarantee Poland's national security; 2) to gain diplomatic support for the reforms conducted in Poland, including primarily the transformation of the economy and its adaption to free market mechanisms, which were designed (...) to result in economic growth; and 3) to maintain and increase the international prestige of Poland and the Poles, who had been the first to commence the struggle to create a democratic civil society in the Eastern bloc. Implementing this new concept of foreign policy, Poland entered the Council of Europe in November 1991. The following year, Warsaw started to strive for membership of NATO, which was achieved in March 1999. A few years later, Polish leaders pursued policies in which Poland played the role of a "Trojan horse" for the USA. This was manifested most clearly during the Iraqi crisis of 2003, and in the following years, particularly in 2005-2007. From spring 1990 Poland aspired to integration with the European Community; in December of the following year it signed an association agreement, which fully entered into force in February 1994. In the period 1998-2002 Poland negotiated successfully with the European Union and finally entered this Union in May 2004. In subsequent years Poland adopted an Eurosceptic and sometimes anti-EU position. The new Polish government, established after the parliamentary election of autumn 2007, moved away from an Eurosceptic policy and pursued a policy of engagement with European integration. (shrink)

Ukraine is the largest country that is included in European Neighborhood Policy. That is why the European Union should spotlight relations with this eastern partner, especially by foreign policy instruments like association agreement. The focus here is on the EU’s involvement in the Ukrainian crisis in period from Maidan revolution at the end of 2013, which was occasioned by the rejection of the association agreement with the EU by President Viktor Yanukovych, and to the presidential election in 2014. (...) The main issue is to evaluate the EU’s scope to stabilize the political environment in the nearby neighborhood and eliminate threats, which are the results of war between Ukraine and Russia. (shrink)

Greenland has a special relationship with the European Union due to its link with the Kingdom of Denmark - Greenland’s mother country. As a result, Greenland shares some parts of the EU’s internal market via association agreements. Greenland, has become a meeting place of American, European and Asian interests in the Arctic. It is therefore essential that the EU doesn’t lose the North and keeps strengthening its relationship with Greenland. After having focused its attention on the East and (...) the South, it is high time that the European Union looks further North, notably through a more ambitious Arctic Window in its Northern sphere of influence. (shrink)

Fifty years ago, on 12 September, 1963, the association agreement between the European Economic Community (EEC) and Turkey was signed in Ankara. However, in contrast to many other countries who applied later on, Turkey has not yet become a member of the EU. Nevertheless, Turkey’s candidacy to join the EU is still one of the most considerable and controversial topics within the European political arena. Within the accession negotiations, apart from human rights and the Kurdish and the Cypriot issues, (...) one of the greatest challenges to Turkey’s successful candidacy is the issue of respect for and protection of minorities. It might indeed represent an unsolvable problem, which will ultimately block Turkey joining the EU. Neither the EU nor Turkey has really come to terms or dealt with what the EU sees as an “unsatisfactory” protection of minorities in Turkey. What lies at the root of this disagreement is what the term “minority” actually means. Due to Turkey’s own nation state concept as being a united and undivided country and to the terms of the Treaty of Lausanne signed in 1923, which defined Turkey as a nation, the country only recognises non-Muslim minorities. Moreover, contrary to the wording of the minority protection clauses in the Treaty of Lausanne, Turkey restricts its recognition of non-Muslim minorities only to the Greek, Armenian and Jewish religious populations. Although being a non-Muslim group as well, the Assyrians are excluded from the Turkish concept of minorities and, therefore, also from minority protection. In contrast to that, the EU’s concept of minority includes ethnic, linguistic and religious minorities, which means that according to the EU’s concept of minorities, also ethnic minorities like the Kurds, linguistic minorities like the Laz and religious minorities like the Alevis are included in the term “minority” and, therefore, these minorities should benefit from specific minority protection rights. To find a common basis for discussing the unsatisfactory issue of minority rights in Turkey, the concept of “ethnic groups” is introduced by the author as the most promising approach to deal with this unreconciled conceptual difference. According to this concept, ethnic groups could form a sub-identity of Turkishness and help build a legal basis to the treatment of minority groups founded on human rights, which would be compatible with both Turkish and EU Law. (shrink)

Many of us are unmoved when it is objected that some morally or intellectually suspect source agrees with our belief. While we may tend to find this kind of guilt by epistemic association unproblematic, I argue that this tendency is a mistake. We sometimes face what I call the problem of unwelcome epistemic company. This is the problem of encountering agreement about the content of your belief from a source whose faults give you reason to worry about the belief's (...) truth, normative status, etiology, or implications. On the basis of an array of cases, I elaborate four distinct kinds of problems that unwelcome epistemic company poses. Two of these are distinctly epistemic, and two are moral. I canvass possible responses, ranging from stubbornness to an epistemic prudishness that avoids unwelcome company at all costs. Finally, I offer preliminary lessons of the problem and distinguish it from the problem of peer disagreement. (shrink)

Inclusive trade is taking hold in various forms in international organizations and in the trade policy of national governments. Absent empirical evidence that will take time to generate, it can be difficult to assess the achievements of this new approach to trade. Nancy Fraser's three justice idioms provide a conceptual entry point for evaluating the potential of the inclusive trade agenda. Fraser argues that the contemporary global justice conversation must acknowledge claims for recognition, representation, and redistribution. Applying this conceptualization to (...) the inclusive trade agenda shows that trade agreement provisions intended to favor women and Indigenous peoples go some distance in addressing claims for recognition and representation but accomplish less in remedying injustices associated with maldistribution. Therefore, the inclusive trade agenda does significantly advance global justice for marginalized groups, but works primarily in ways that are political and cultural, not economic. (shrink)

There is considerable agreement among epistemologists that certain abilities are constitutive of understanding-why. These abilities include: constructing explanations, drawing conclusions, and answering questions. This agreement has led epistemologists to conclude that understanding is a kind of know-how. However, in this paper, I argue that the abilities constitutive of understanding are the same kind of cognitive abilities that we find in ordinary cases of knowledge-that and not the kind of practical abilities associated with know-how. I argue for this by disambiguating between (...) different senses of abilities that are too often lumped together. As a consequence, non-reductionists about understanding—those that claim that understanding-why is not reducible to knowledge-that—need to find another way to motivate the view. In the end, the fact that abilities are constitutive of understanding-why does not give us reason to conclude that understanding is a kind of know-how. (shrink)

This article presents the Gabriel Tarde’s monadology and imitation philosophy to show its complementarity in the constitution of a “universal sociological point of view”, the sociological interpretation of all phenomena, material, biological and human. On the one hand Tarde establishes a neo-monadology by opening Leibniz's closed monads. The open monads constitutes, through their mutual possessions, the agreements and harmonies that Leibniz explained by the system of pre-established harmony. These agreements are monadic societies of many types who explain the (...) constitution of any phenomenon. On the other hand Tarde tries, through its imitation philosophy, to provide a scientific substrate to an emerging sociology, taking the imitation as the anthropological aspect of an associative activity that is present in the entire cosmos. Thus, trying to purify to depurate the social science’s own subject, Tarde find a kind of causality that, for the clarity by which she offers itself to the observer on the human societies, is extended to the entire nature, illuminating the obscure and inaccessible background in which the monadic associations take place. (shrink)

This chapter contains section titled: Agreement Social Contracts Norms Rules Conformative Behavior Imitation.

With biobank research on the increase and the history of exploitation in Africa, it has become necessary to manage the transfer of human tissues across national boundaries. There are many accepted templates of Material Transfer Agreements that currently exist internationally. However, these templates do not address the specific concerns of South Africa and even of Africa as a continent. This article will examine three significantly important ethico-legal concepts that were deliberated and carefully adapted by a South African Institution to (...) suit the transfer of Human Biological Materials and associated data for biobank research, namely: informed consent; benefit sharing arrangements; and ownership together with intellectual property rights in human tissues. The discussion includes an analysis of current practice; the ethico-legal challenges in the South African/African context; the decisions made with regard to how the related ethico-legal challenges were addressed in the MTA; and justifications for implementing these decisions. The processes considered could be of benefit to other developing world countries who consider it necessary to manage the transfer of HBMs across national boundaries. (shrink)

In economically meaningful interactions negotiations are particularly important because they allow agents to improve their information about the environment and even to change accordingly their own characteristics. In each step of a negotiation an agent has to emit a message. This message conveys information about her preferences and endowments. Given that the information she uses to decide which message to emit comes from beliefs generated in previous stages of the negotiation, she has to cope with the uncertainty associated with them. (...) The assessment of the states of the world also evolves during the negotiation. In this paper we analyze the intertwined dynamics of beliefs and decision, in order to determine conditions on the agents that allow them to reach agreements. The framework for decision making we consider here is based on defeasible evaluation of possibilities: an argument for a choice defeats another one if it is based on a computation that better uses all the available information. (shrink)

While in agreement with Miranda Fricker’s context-sensitive approach to hermeneutical injustice, this paper argues that this contextualist approach has to be pluralized and rendered relational in more complex ways. In the first place, I argue that the normative assessment of social silences and the epistemic harms they generate cannot be properly carried out without a pluralistic analysis of the different interpretative communities and expressive practices that coexist in the social context in question. Social silences and hermeneutical gaps are misrepresented if (...) they are uniformly predicated of an entire social context, instead of being predicated of particular ways of inhabiting that context by particular people in relation to particular others. I contend that a more nuanced—polyphonic—contextualization offers a more adequate picture of what it means to break social silences and to repair the hermeneutical injustices associated with them. In the second place, I argue that the particular obligations with respect to hermeneutical justice that differently situated subjects and groups have are interactive and need to be determined relationally. That is, whether individuals and groups live up to their hermeneutical responsibilities has to be assessed by taking into account the forms of mutual positionality, relationality, and responsivity (or lack thereof) that these subjects and groups display with respect to one another. The central argument is developed through an examination of what in race theory and in contemporary epistemologies of ignorance has been termed “white ignorance”; that is, the kind of hermeneutical inability of privileged white subjects to recognize and make sense of their racial identities, experiences, and social positionality. (shrink)

Plato recognizes faction as a serious threat to any political community. The Republic’s proposed solution to faction relies on bringing citizens into a relation of ὁμόνοια. On the dominant line of interpretation, ὁμόνοια is understood along the lines of “explicit agreement” or “consensus.” Commentators have consequently thought that the καλλίπολις becomes resistant to faction when all or most of its members explicitly agree with one another about certain fundamentals of their political association—for example, they agree regarding who should govern (...) in the καλλίπολις.We argue that ὁμόνοια in Plato’s political philosophy has been under-analyzed and misunderstood. We show that, in Alcibiades I, rendering ὁμόνοια simply as agreement results in confusion about how expertise, political friendship, and civic unity are compossible in a well-ordered political community. In our view, Plato refines and adds philosophical depth to the concept of ὁμόνοια in the Republic. We claim that ὁμόνοια is a relation of psychological “like-mindedness” that obtains among members of different occupational classes in a political community. A community is rendered resistant to faction, then, when its members are, in some significant way, psychologically alike. Additionally, while Platonic ὁμόνοια can naturally be expected to result in substantive agreement among citizens, we argue that Platonic ὁμόνοια does not consist solely in agreement. (shrink)

There is a widespread agreement that Nietzsche has developed a kind of position or doctrine called ‘perspectivism’. Scholars go on and develop metaphysical, semantic, epistemic, and psychobiological interpretations of the supposed Nietzschean perspectivism or even ‘perspectivisms’. They engage in debates about whether this perspectivism is relativistic, realistic, or anti-realistic and what the tenets of perspectivism are. In this paper, I suggest putting an end to this practice. I examine Nietzsche’s explicit mentions of the term ‘perspectivism’, the problems associated with the (...) misunderstanding of this term as a label, attempts to reconstruct perspectivism based on explicit mentions of ‘perspective’ and related vocabulary, and doctrinal assumptions scholars try to connect with this terminology. (shrink)

Widespread scholarly agreement has it that Descartes' theory of judgment favors a compatibilist interpretation. This essay explains and rebuts the standard arguments made on behalf of compatibilist readings, while explaining and defending a libertarian interpretation. Along with relevant Fourth Meditation doctrines and texts, my analysis encompasses a much discussed 1645 letter discussing his account. Although some scholars view the letter as departing from the account of theMeditations, I argue that the two works present a consistent view – allowing us to (...) take at face value that the letter purports to elaborate Descartes' intended meaning in the associated Fourth Meditation passage. (shrink)

The transition economy of Vietnam enjoyed remarkable achievements in the first 20 years of economic renovation (Doi Moi) from 1986 to 2006. Notably, the economy grew at an average annual rate of 7.5% in 1991-2000 period. Vietnam’s Amended Constitution 1992 recognized the role of private sector in the economy. U.S.-Vietnam Trade Bilateral Agreement (US-BTA) was signed in 2001. The country's stock market made debut trading in 2000. Vietnam became a member of Association of Southeast Asian Nations (ASEAN) in 1995, (...) then proceeded to full membership of the World Trade Organization in 2007, following which registered foreign direct investment (FDI) reached an all-time high of US$71.7 billion in 2008. Together with the impressive economic achievements, Vietnam also saw its diplomatic and political status constantly improved in the international arena. The country has established diplomatic relations with more than 170 countries in the world, strategic partnerships with 12 important economies, both developed and emerging, namely China, Japan, Russia, India, England, France, North Korea, Italy, Germany, Indonesia, Malaysia and Thailand. The country also successfully hosted important events including the Asia Pacific Economic Cooperation (APEC) in 2006. (shrink)

The ecosocialists have broad agreements about the radical political economic changes that are called for, and have largely rejected the mysanthropic and anti-technological views of some radical ecologists. But the ecosocialists differ on what role nuclear power and emerging technologies should play under a Green New Deal. The ecomodernists broadly agree on the importance of nuclear and emerging technologies, but their impact has been muted by their association with corporate “greenwashing” and neoliberal technofix apologias for free markets and (...) boy geniuses. As in other policy domains the technoprogressive perspective represents a unique stance at the intersection of these two trends. (shrink)

The British Medical Association and Royal College of Physicians have published new guidance, endorsed by the General Medical Council, on decision-making about clinically assisted nutrition and hydration and adults who lack capacity to consent. The development of the guidance follows a series of legal cases which has created confusion about the precise circumstances in which an application to the court is required before CANH is withdrawn which has culminated with the decision of the Supreme Court in National Health Service (...) Trust versus Y. 1 This confirmed that there is no requirement to go to court, providing there is agreement as to the patient’s best interests, the provisions of the Mental Capacity Act 2005 have been observed, and the relevant professional guidance has been followed. The new guidance covers all decisions to start, restart, continue, or stop providing CANH in patients who are not imminently dying, in circumstances where CANH is the primary life-sustaining treatment being provided. It goes beyond the category of patients in permanent vegetative state or minimally conscious state who have previously been the subject of court applications, and also covers decisions for patients with neurodegenerative conditions and patients who have suffered a sudden onset brain injury in addition to having multiple comorbidities or general frailty which is likely to impact on life expectancy. It provides a clear statement of doctors’ legal responsibilities, covers the importance of robust best interests’ assessments and sets out the process to be followed for sufficient independent scrutiny of decisions. In light of some of the identified problems with decisions about CANH, a particular focus of the guidance is on the importance of regular best interests’ assessments, and it provides detailed practical guidance about how to approach these. The development of …. (shrink)

Though the psychoanalytic method of interpretation is seen by psychoanalysts as a reliable scientific tool for investigating the unconscious mind, its reputation has long been marred by what’s known as the consensus problem: where different analysts fail to reach agreement when they interpret the same phenomena. This has long been thought, by both practitioners and observers of psychoanalysis, to undermine its claim to scientific status. The causes of this problem, however, are dimly understood. In this paper I attempt to illuminate (...) one important cause of the consensus problem by investigating the role which reliance on ‘associative evidence’ has in generating consensus failures. Various options for overcoming the difficulties with this form of clinical evidence are then examined. It is argued that these problems can be mitigated by the notion of overall associative fit, though they are exacerbated by certain loose standards used for what counts as acceptable associative evidence. The possibility of using more rigorous standards is discussed. (shrink)