Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, the prevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, (...) the performance of their contract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, and drawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area of arbitral procedure. (shrink)
This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...) modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates eight distinct jurisprudentially significant premises of classicism, including territorialism, a commitment to a regime of rules, and a conception of law and legal rights that I have called “vestedness.” It then discusses the modernist challenges to most, but significantly not all, of those premises. It also emphasize, however, the degree to which the eight pillars of the classical tradition are actually conceptually independent, and could, at least in principle, be mixed and matched in various combinations and in the service of very different account of choice of law enterprise. Finally, the essay turns to other debates, both within the classical and modernist traditions separately and transcending the differences between them. (shrink)
I discuss how the scientificity characterizing Adam Smith’s political economy has to exteriorize social conflict in order to sustain its objectivation of social interaction in terms of regulative laws. I claim that this exteriorization constitutes an internal point of subversion, not only because it resists economic objectivation, but first and foremost because it forces Smith to employ political strategies that both contradict and guarantee the scientificity of his theory. I show how the place of conflict in modern (...) economy, according to Smith, can actually be determined in three different ways: as a concrete place when it comes to the confrontations between workers and capitalists; as a theoretical place in the sense of being an arbitrary disturbance of the spontaneous organization of the market; and as a place that, as being the intersection between economic naturalization and social contingency, problematizes the scientificity of Smith’s political economy. In this sense, I develop three cases where Smith invokes an argumentative circularity that reveals the paradoxical politics of his economic scientificity, beyond its official laissez-faire politics: State coercion, monetary power and capitalist competition. (shrink)
We should now be able to come to some general conclusions about the main lines of Cuvier's development as a naturalist after his departure from Normandy. We have seen that Cuvier arrived in Paris aware of the importance of physiology in classification, yet without a fully worked out idea of how such an approach could organize a whole natural order. He was freshly receptive to the ideas of the new physiology developed by Xavier Bichat.Cuvier arrived in a Paris also torn (...) by many overlapping debates on the nature of classification, and in particular that between the natural and artificial systems. The very validity of the enterprise of classification was questioned in many quarters. Cuvier's achievement on his entry into the Parisian world of science was not simply to establish himself as a highly competent anatomist: far more important, he also began to use ideas from many different specialties to change completely the notion of what was involved in natural history.124 At the same time that he himself swung away from the guiding image of the field naturalist as the ideal of the specialty, he took ideas from the new physiology to answer questions about the order of the animal world, and from comparative anatomy to resurrect extinct creation — and to come to conclusions from that creation about the history of the forms of life and the manner of their succession. He showed himself able to alter the relationships between natural history and many other fields of study in a way that implied, rightly or wrongly, his own complete mastery over such a movement. Partly he was able to do this because the ideas he borrowed were not themselves logically articulated and thus could be easily adapted and refocused for many different specific purposes. The value of the heuristic possibilities inherent in the idea of life, for example, far outweighed its inability to generate full systems of classification. Cuvier also consistently refused to consider in science matters relating to the first causes of events. Freed from the consideration of first-order phenomena, he was able to use second-order explanations across a far wider field of applicability. Personal doubts about the validity of a theology that had used science in order to bolster its own claims were combined here with the strong influence of the Kantian critique of the limits of human reason.125Cuvier's characteristic mode of procedure was that of intellectual appropriation and a bold capacity for altering the relationships between different fields of knowledge, rather than, with the exception of taxonomy, the technique of expanding their subject matter. His claims to originality came, first, from this reappropriation and reorientation and, second, from the sheer scope of his work, which aimed at nothing less than the cataloging and classification of all animate objects.126 They rested also on his acute use of his assertion of a certain relationship with the past of his subject. Very often he would present this history in such a way as to obscure his own intellectual genealogy, and often too he would give differing accounts of the priority of use of an idea in order to distract attention from the questionable exactitude of his own claims to originality. Cuvier came to Paris at precisely the time when society and institutions were most profitably malleable for a newcomer; it was also a time when many scientific disciplines had reached a stage advanced in terms of their factual content, yet relatively inadequate in conceptual organization. They were ripe for takeover by large-scale organizing ideas such as the animal economy and the subordination of characteristics. Paleontology is a particularly good example of a specialty in this particular form of underdevelopment in 1795.Cuvier paid a high price for his initial success. His electic applications of large-scale organizing ideas tended to mean that little of his own work had complete coherence at all levels. Ideas, as we have seen, that proved capable of providing a complete reform of the larger groups of the animal kingdom were incapable of producing its detailed working-out in the taxonomy of smaller groups, which had to be supplied from observed analogical correlations. Further, his physiological approach to classification involved the breakdown of strict correspondence between organs and functions, which left the way open for workers such as Geoffroy St. Hilaire gradually to tilt the balance away from the study of the correlations of hierarchies of functions, and toward morphology as the basis of the order of nature. Cuvier's brilliant appropriations from physiology from the beginning, therefore, contained the seeds of conflict with Geoffroy.Cuvier's eclectic approach made it very nearly impossible for him to present a clear idea of the ways in which the life sciences could be said to be lawful. In spite of his efforts to assimilate them to the position of the physical sciences in this respect, he was forced in the end to accord only an ambiguous status as “laws” to observational correlations. From this area of failure came much of the attempt to give his own two laws — the correlation of parts and the subordination of characteristics — predictive qualities, particularly in relation to paleontological research.It is not surprising that Cuvier's title as the “legislator” of natural history should represent more a claim than a reality. How, then, was he able to emerge as the leading French naturalist of his day? First of all must be adduced the sheer scale of his undertakings. Then comes his expertise as a practical anatomist, and the range of different topics toward which he turned his interest. His collaborators cannot be given credit for his output nor, as we have seen, for slavish adherence to his ideas. Cuvier was able to successfully claim to have dominated the underdeveloped specialties, such as paleontology, and turned them into a major heuristic input into both geology and comparative anatomy; but in other fields, such as physiology, he appropriated concepts and encouraged research but made little impact on the field himself. His attempts in 1812 to head off, or neutralize and absorb the growth of morphological studies landed him in a dangerously rigid position, which despite his encouragement of the new physiological research under the Restoration made further elaboration of his own conceptual underpinnings almost impossible.Cuvier's authority in the scientific world would in any case have been great because of his substantive achievement in taxonomy, but the rest of his work had enough ambiguities and dislocations for it to need the support of his political and social power. Cuvier's detractors seized on a vital fragment of the truth when they accused him of finding the political dimension all-important: it obscured the disjunctions in his theories and at the same time gave him the authority to make new claims for the status of the observational sciences - and for their relations of power with their surrounding specialties. Cuvier's science both thrived on and was halted by the power games of intellectual appropriation, manipulation of the past to confirm the present, and continual claims for hegemony. (shrink)
Human rights law does not appear to enjoy as high a level of compliance as the laws of war, yet is institutionalized to a greater degree. This Article argues that the reason for this difference is related to the strategic structure of international law. The laws of war are governed by a regime of reciprocity, which can produce selfenforcing patterns of behavior, whereas the human rights regime attempts to produce public goods and is thus subject to collective action (...) problems. The more elaborate human rights institutions are designed to overcome these problems but fall prey to second-order collective action problems. The simple laws of war institutions have been successful because they can exploit the logic of reciprocity. The Article also suggests that limits on military reprisals are in tension with self-enforcement of the laws of war. The U.S. conflict with Al Qaeda is discussed. (shrink)
The ¿scrutiny of all the laws¿ that Andocides invokes in his defence On the Mysteries is usually interpreted as a recodification with the aim of barring prosecution for the crimes of civil conflict. This article advances four theses against that traditional reading: (1) In Andocides¿ argument the Scrutiny was designed for a more practicable purpose, not to pardon crimes unpunished but to quash any further action against former atimoi, those penalized under the old regime but restored to rights (...) in 403. In context, coming close upon the summary of Patrocleides¿ decree, ¿all the laws¿ means all laws affecting atimoi. (2) The other evidence from inscriptions and literary testimony, for the Athenian Amnesty and similar agreements, supports this reading: the oath that closed the covenants, mê mnêsikakein, functions as a rule of estoppel or ¿no reprise¿; it was not in itself a pledge of ¿political forgiveness¿. In regard to the Scrutiny, as in Patrocleides¿ decree, the oath means that old penalties, now cancelled, can never again be enforced. (3) The Scrutiny itself was a reauthorization of the old laws for summary arrest and other standard remedies against atimoi who trespass or violate their restrictions. As a corollary to this re-enactment, the statute of limitations was introduced, ¿to apply the laws from Eucleides¿: the rules punishing the disfranchised cannot be used against those whose liabilities were incurred before 403. (4) Teisamenus¿ decree for new legislation was prior to this revision; it is not the decree that Andocides read to the court as a document of the Scrutiny. An ancient editor simply inserted the wrong document. Teisamenus envisioned no alteration of the ¿Solonian Code¿; the decree for Scrutiny was an unforeseen but necessary correction. These measures were successive reforms sorting out the new hierarchy of rules, a process whose complexity is attested in Diocles¿ law. (shrink)
Joan Weiner has recently claimed that Frege neither uses, nor has any need to use, a truth-predicate in his justification of the logical laws. She argues that because of the assimilation of sentences to proper names in his system, Frege does not need to make use of the Quinean device of semantic ascent in order to formulate the logical laws, and that the predicate ‘is the True’, which is used in Frege's justification, is not to be considered as (...) a truth-predicate, because it does not apply to true sentences or true thoughts. The present paper aims to show that Frege needs to use, and does use, a truth-predicate in this context. It is argued, first, that Frege needs to use a truthpredicate in order to show that the truth of the logical laws is evident from the senses of the sentences by means of which they are formulated, and second, that the predicate that he actually uses, ‘is the True’, must be considered as a truth-predicate in the relevant sense, because it can be used and is actually used by Frege to explain the truth-conditions of thoughts. To defend this interpretation, it is discussed whether the explanatory use of ‘is the True’ in Frege's system is compatible with his deflationary analysis of ‘true’. The paper's conclusion is that there is indeed a conflict here; but, from Frege's point of view, this conflict is due merely to the logical imperfection of natural language and does not affect the proper system but only its propaedeutic. CiteULike Connotea Del.icio.us What's this? (shrink)
The present paper is guided by the belief that Edmund Husserl’s concept of noema can be significantly enriched when considered in light of extreme epistemological instances. These include the phenomena of the absurd and nonsense, but also intentional conflict and cases of consciousness directed to contradictory objects. The paper shows that the noema, when experienced in such a context, exhibits interesting characteristics that are rather difficult to note in other circumstances. The paper consists of five sections. The first interprets (...) and relates concepts from Logical Investigations to those from Ideas I. The second section discloses the noematic ability to assemble senses for which there is no corresponding object. The third section stresses that the noema must, in some instances, be able to comprise two separate structures of senses through which two different objects are meant. In the fourth section, all of these characteristics are shown to be restricted by the concept of nonsense and the laws of meaning-compounding. In this way, the noema is clarified as “possibly thinkable content.” Finally, in Sect. 5, this idea is brought into dialogue with the most significant interpretations of the noema. (shrink)
This study is to investigate conflict rate and job satisfaction among staffs in the public organizations in Rafsanjan Township in the Islamic republic of Iran. In this study, staffs personality, laws and guide directions, staffs needs, communications and job satisfaction is investigated by examining the staffs’ salary, job nature, supervisor and salary of staffs’ colleagues and their promotion. This was a quantitative study. All data of this study have been collected by using questioner. All data of this study (...) have been analyzed quantitatively by using the SPSS software. Statistical society of the study was people who have worked in the public organizations in Rafsanjan Township. This study has chosen 385 staffs and has distributed two types of questionnaires namely job satisfaction and conflict questioners among them randomly. Finally, this study has concluded that 1. There is a reciprocal relationship between conflict rate and job satisfaction. 2. There is a negative relationship between conflict rate and payments. 3. There is a reciprocal relationship between conflict rate and job nature. 4. There is a negative relationship between conflict rate and supervision style. 5. There is a negative relationship between conflict rate and colleagues. 6. There is a reciprocal relationship between conflict rate and promotion opportunity. (shrink)
Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted (...) many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke's legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars. (shrink)
I argue that an ambiguity exists between Philip Pettit's largely normative and Quentin Skinner's largely historical accounts of republican liberty. Historical republican liberty, as seen in Livy's narrative of the period following the expulsion of the Roman kings to the passage of the Licinian-Sextian laws, was largely defensive, in the form of the tribunate. Though republican liberty protected the plebeians from wanton patrician abuse, removing them from a formal dependence analogous to that of slave or child in Roman law, (...) it left them under the tutelage and guidance of a paternalistic order. Thus, while historical republican liberty was anti-patriarchal, it was normatively compatible with paternalism. Yet paternalism is probably undesirable for both normatively- and historically-minded advocates of republicanism. (shrink)
Toward a Sociology of Conflict of Interest in Medical Research Content Type Journal Article Category Case Studies Pages 389-391 DOI 10.1007/s11673-011-9332-0 Authors Sarah Winch, School of Medicine, The University of Queensland, Queensland, Australia 4072 Michael Sinnott, School of Medicine, The University of Queensland, Queensland, Australia 4072 Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 8 Journal Issue Volume 8, Number 4.
This paper sketches a dispositionalist conception of laws and shows how the dispositionalist should respond to certain objections. The view that properties are essentially dispositional is able to provide an account of laws that avoids the problems that face the two views of laws (the regularity and the contingent nomic necessitation views) that regard properties as categorical and laws as contingent. I discuss and reject the objections that (i) this view makes laws necessary whereas they (...) are contingent; (ii) this view cannot account for certain kinds of laws of nature and their properties. (shrink)
Conflicts of interest pose special problems for the professions. Even the appearance of a conflict of interest can undermine essential trust between professional and public. This volume is a comprehensive and accessible guide to the ramifications and problems associated with important issue. It contains fifteen new essays by noted scholars and covers topics in law, medicine, journalism, engineering, financial services, and others.
A core value of Judaism is leading an ethical life. The Talmud, an authoritative source on Jewish law and tradition, has a number of discussions that deal with honesty in business and decision-making. One motive that can cause individuals to be unscrupulous is the presence of a conflict of interest. This paper will define, discuss, and review five Talmudic concepts relevant to conflict of interest. They are (1) Nogea B’Davar (being an interested party), (2) V’hiyitem N’keyim (behaving to (...) ensure that one is above suspicion) (3) Lifnei Iver (placing a stumbling block before the blind), (4) Shokhad (accepting a bribe), and (5) Geneivat Da’at (deception and undeserved goodwill). Case examples will be used to apply these Talmudic principles to contemporary business practice. This will include discussion of these Talmudic concepts as it applies to specific contemporary business examples relevant to the boardroom, accounting firms, investment banking, politics, and government. It may be impossible to eliminate all conflicts of interest. However, knowledge and awareness of these Talmudic principles can help individuals in business settings better address the ethical issues that they confront. (shrink)
Discussions of conflict of interest (COI) in the university have tended to focus on financial interests in the context of medical research; much less attention has been given to COI in general or to the policies that seek to manage COI. Are university COI policies accessible and understandable? To whom are these policies addressed (faculty, staff, students)? Is COI clearly defined in these policies and are procedures laid out for avoiding or remedying such situations? To begin tackling these important (...) ethical and governance questions, our study examines the COI policies at the Group of Thirteen (G13) leading Canadian research universities. Using automated readability analysis tools and an ethical content analysis, we begin the task of comparing the strengths and weaknesses of these documents, paying particular attention to their clarity, readability, and utility in explaining and managing COI. (shrink)
The Strange Case of Dr. B and Mr. Hide: Ethical Sensitivity as a Means to Reflect Upon One’s Actions in Managing Conflict of Interest Content Type Journal Article Category Case Studies Pages 1-3 DOI 10.1007/s11673-012-9360-4 Authors Marie-Josée Potvin, Programmes de bioéthique, Department of Social and Preventive Medicine, Université de Montréal, C.P. 6128, succ. Centre-ville, Montréal, Québec, Canada H3C 3J7 Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529.
Toward a Postmodernist View of Conflict of Interest Content Type Journal Article Category Case Studies Pages 1-2 DOI 10.1007/s11673-012-9359-x Authors Elise Smith, Doctorat en sciences humaines appliquées, option bioéthique, Programmes de bioéthique, Département de médecine sociale et préventive, Université de Montréal, C.P. 6128, succ. Centre-ville, Montréal, Québec, Canada H3C 3J7 Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529.
The belief that laws of nature are contingent played an important role in the emergence of the empirical method of modern physics. During the scientific revolution, this belief was based on the idea of voluntary creation. Taking up Peter Mittelstaedt’s work on laws of nature, this article explores several alternative answers which do not overtly make use of metaphysics: some laws are laws of mathematics; macroscopic laws can emerge from the interplay of numerous subsystems without (...) any specific microscopic nomic structures (John Wheeler’s “law without law”); laws are the preconditions of scientific experience (Kant); laws are theoretical abstractions which only apply in very limited circumstances (Nancy Cartwright). Whereas Cartwright’s approach is in tension with modern scientific methodology, the first three strategies count as illuminating, though partial answers. It is important for the empirical method of modern physics that these three strategies, even when taken together, do not provide a complete explanation of the order of nature. Thus the question of why laws are valid is still relevant. In the concluding section, I argue that the traditional answer, based on voluntary creation, provides the right balance of contingency and coherence which is in harmony with modern scientific method. (shrink)
This study examines the extent to which scientific and biomedical journals have adopted conflict of interest (COI) policies for authors, and whether the adoption and content of such policies leads to the publishing of authors’ financial interest disclosure statements by such journals. In particular, it reports the results of a survey of journal editors about their practices regarding COI disclosures. About 16 percent of 1396 highly ranked scientific and biomedical journals had COI policies in effect during 1997. Less than (...) 1 percent of the articles published during that year in the journals with COI policies contained any disclosures of author personal financial interests while nearly 66 percent of the journals had zero disclosures of author personal financial interests. Nearly three fourths of journal editors surveyed usually publish author disclosure statements suggesting that low rates of personal financial disclosures are either a result of low rates of author financial interest in the subject matter of their publications or poor compliance by authors to the journals’ COI policies. (shrink)
Despite a decade of federal regulation and debate over the appropriateness of financial ties in research and their management, little is known about the actual decision-making processes of university conflict of interest (COI) committees. This paper analyzes in detail the discussions and decisions of three COI committees at three public universities in California. University committee members struggle to understand complex financial relationships and reconcile institutional, state, and federal policies and at the same time work to protect the integrity of (...) the scientific process, the autonomy and intellectual freedom of their faculty colleagues and students, and the financial interests of the university. (shrink)
Most incidences of dishonesty in research, financial investments that promote personal financial gain, and kickback scandals begin as conflicts of interest (COI). Research indicates that healthcare professionals who maintain COI relationships make less optimal and more expensive patient care choices. The discovery of COI relationships also negatively impact patient and public trust. Many disciplines are addressing this professional issue, but little work has been done towards understanding and applying this moral category within a nursing context. Do COIs occur in nursing (...) and are they problematic? What are the morally appropriate responses to COI for our discipline and for individual practicing nurses? In this paper I examine the nature of 'conflict of interest' as a general ethical category, its characteristics and its application to our discipline. Conflict of interest is an odd moral category that may actually or potentially result in immoral decisions. The moral justification for COI is grounded prime facie by the moral value of respect for persons and principle of fidelity from which trust is developed and maintained. In review of the historical development, there appears to be consensus on some qualities of COI that are presented. I conclude that making judgements about COI are challenging and often difficult to determine from a nursing perspective. Improving nurses' and professional organizations' awareness of COI and sharpening our ability to respond appropriately when COI arise can reduce potential harm and promote trust in those whom we serve. (shrink)
Individual and institutional conflict of interests in biomedical research have becomes matters of increasing concern in recent years. In the United States, the growth in relationships — sponsored research agreements, consultancies, memberships on boards, licensing agreements, and equity ownership — between for-profit corporations and research universities and their scientists has made the problem of conflicts, particularly financial conflicts, more acute. Conflicts can interfere with or compromise important principles and obligations of researchers and their institutions, e.g., adherence to accepted research (...) norms, duty of care to patients, and open exchange of information. Disclosure is a key component of a successful conflict policy. Commitments which conflict with a faculty member's primary obligations to teaching, research, administrative responsibilities, or patient care also need attention. Institutional conflict of interests present different problems, some of which are discussed in an analysis of an actual problem posed by two proposed clinical trials. (shrink)
This paper is a discussion of efforts to manage real and potential conflicts of interest in university research in the United States. The focus is on the report by an Association of American Universities (AAU) task force that addresses both individual and institutional conflict of interest issues.
In this paper I address the conflict of interest (CoI) issue from a legal point of view at a European level. We will see that the regulatory framework that exists in Europe does state the need for the independence of ethics committee involved in authorisation of research and clinical trials. We will see that CoI is an element that has to be closely monitored at National and International level. Therefore, Member States and Newly Associated States do have to address (...) CoI in the authorisation process of research and clinical protocols of biomedicine. (shrink)
Is it possible to take the enterprise of physics seriously while also holding the belief that the world contains an order beyond the reach of that physics? Is it possible to simultaneously believe in objective laws of nature and in miracles? Is it possible to search for the truths of physics while also acknowledging the limitations of that search as it is carried out by limited human knowers? As a philosopher, as a Christian, and as a participant in the (...) physics of his day, Leibniz had an interesting view that bears on all of these questions. This paper examines the status of laws of nature in Leibniz's philosophy and how the status of these laws fits into his larger philosophical picture of the limits of human knowledge and the wise and omniscient God who created the actual world. (shrink)
Policies and processes dealing with institutional conflict of interest lag well behind those dealing with individual COI. To remediate this, academic institutions must develop strategies for addressing some of the unique challenges in iCOI, including: clarifying the definition of iCOI that addresses the range of individuals potentially involved; implementing a well-designed electronic database for reporting and managing iCOI across multiple leadership constituencies; and providing ongoing education to appropriate institutional officials that communicates the importance of managing iCOI.
This article summarizes the April 5–6, 2002 conference on Conflict of Interest and Its Significance in Science and Medicine. Several themes are identified and addressed, including the globalization of science, the widespread presence of conflicts, the increased interest and involvement in conflict of interest by a number of organizations, the difference between academic research and research conducted by industry, and the tension between science and medicine. At the heart of the matter lies objectivity in research and the need (...) for transparency to ensure objectivity. Several future activities were discussed, including the need to share specific examples of how conflict has been managed, and the need for behavioral research to provide a sound empirical understanding of the best ways to provide informed consent for research subjects. (shrink)
The UK Medical Research Council (MRC) takes the issue of conflict of interest very seriously. The overall aim is to preserve a climate in which personal and organisational innovation can flourish while ensuring that potential conflicts are disclosed and identified and conflicts are either avoided or managed with integrity. The approach needs to encompass the MRC’s various responsibilities and the levels at which conflicts might arise: MRC staff (scientists and administrators); the governing Council; research Boards and committees; external peer-reviewers; (...) and applicants for funding. To achieve its goals, the MRC has issued practical guidance on various aspects of conflict of interest. For the future, the MRC has identified the continuing commercialisation of science and the increasing involvement of lay people in scientific decision-making as special challenges in this area. (shrink)
In light of the widespread existence of financial and non-financial issues that contribute to the appearance or fact of conflict of interest, it is proposed that conflict of interest should generally be assumed, no matter the source of financial support or the expressed declarations of conflicts and even with respect to one’s own work. No new model is advanced for modification of peer-review processes or for elaboration of author declarations of interest. Researchers should be assessing the quality of (...) published work as best they can and make their own decisions on the appropriate use of the work. While some apparent sources of conflict are likely more obvious and serious than others, even subtler biases can influence scientific reports. Ignoring peer-reviewed contributions because of conflict-of-interest concerns is discouraged. Listening skeptically to all sources, including yourself, is encouraged. (shrink)
Continued scientific and medical progress in Central and Eastern Europe depends on the development of an atmosphere that is conducive to implementing the changes that are necessary to bring better health and longer lives for everyone. Privatization and commercialization are threatening the objectivity of clinical research and the availability of health care because uncontrolled market mechanisms focused on profit are nurturing conflict of interest that generate bias and unreliability into research and medicine. Changes are needed that address the following: (...) – The amount of public support for basic and clinical research and health care, – standards for the conduct of clinical trials and delivery of health care, – administrative procedures for responding to the conflict of interest problem. (shrink)
There is an emerging awareness of the possibility of conflicts of interest in the practice of medicine in Croatia. The paper examines areas within the medical profession where conflicts of interest can and have occurred, probably not only in Croatia. Particularly addressed are situations when a doctor may have dual obligations and how independent ethics committees can help in decreasing the influence of a conflict of interest. The paper also presents extracts from the Croatian Code of Ethics for the (...) medical profession that address problems of conflict of interest. (shrink)