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As well as being a concluding chapter of the Handbook, the chapter provides succinct analysis of the future of treaty practice and identifies factors that may contribute to future change. It then looks at how these influential factors are changing treaty practice now, the direction those changes might take in the future and how Treaty Offices may best prepare themselves to handle the predictable and the unpredictable challenges. It emphasises that treaty practice is not merely an adjunct to the law of treaties; it is a specialisation in its own right in which treaty professionals participate in evolutions in practice as well as react to external developments.
The chapter provides a general overview of the Handbook and identifies those who may be interested in and/or benefit from it. It explains that the aim of the Handbook is not only to describe treaty practice as it is, but also to suggest how to do it well. It explains what treaty practice is and sets out proposed criteria for good practice, with plenty of examples that meet these criteria. The chapter also introduces a useful analytical tool to enable each government and IO to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all.
Sergey Vasiliev undertakes a thorough analysis of international criminal tribunals’ statements on theories of punishment. Vasiliev concludes that courts’ statements display ‘ritualism’ and ‘monotony’, and that due to their ‘hypnotioc repetition’ are of limited practical value. While deterrence and retribution can be identified as the main objectives referred to by judges, the underlying principles and rationales are taken from domestic criminal law doctrine, without ever questioning their suitability in the context of international criminal law. The contents of these goals and objectives, however, are coloured with a reference to the goals set for the establishment of international criminal justice institutions as such. As a result of his analysis, Vasiliev comes to the conclusion that the few statements on theories of punishment by international courts and tribunals are mere speech acts, ‘by which courts preach to international criminal law’s founding articles of faith’. They say that they punish for retribution and deterrence, but in reality the main purpse of punishment is related to expressivism and didactics. In his view, expressivism emerged as kind of the ‘ultimate catch-all objective’ and ‘meta justification’ for punishment, in order to reproduce and reinforce the normative belief system upon which the enterprise of international criminal prosecution rests.
Chapter 3 seeks a justification for states’ claims to have rights to self-determination that entail the right to control admission to their territory. States assume they have certain rights (such as rights to admit and exclude from their territory) and that agents of the state may act in ways that privilege the interests of their citizens. What justification can be offered for these arrangements? Importantly, what compelling justification can be offered to those who currently find themselves beyond those borders and who wish to cross them? In seeking a justification, we discover that for states to have robust rights to self-determination within a state system, they will also have many responsibilities. A state’s ability to exercise political power legitimately depends on its respecting human rights adequately and cooperating in a host of trans-border activities and institutions that have as their aim securing robust arrangements capable of effective human rights protection. Performance on both these dimensions affects whether we have a legitimate state system, along with whether there are adequate contingency arrangements in place to deal with important shortfalls.
To evaluate the level of undergraduate and post-graduate ENT exposure amongst general practitioners and their perceived quality of this training. A secondary aim was to examine whether general practitioners believe ENT department based rotations should remain in the undergraduate curriculum.
An online questionnaire-based survey was sent to general practices in England.
A total of 417 general practitioners completed the questionnaire. Sixty-seven per cent had completed an ENT rotation at medical school whereas 27 per cent had undertaken a postgraduate placement in ENT. Fifty-one per cent had received post-graduate teaching in ENT, mainly in the form of lectures. The majority of general practitioners were not satisfied with their training in ENT at undergraduate and post-graduate levels. Eighty-five per cent of general practitioners believed formal hospital-based ENT training should remain in the undergraduate curriculum.
General practitioners reported insufficient exposure to ENT during both post-graduate and undergraduate training. Proposals to outsource undergraduate ENT teaching to affiliated departments such as general practice are of concern.
The International Relations (IR) literature has strongly criticised the invasive and top-down nature of liberal peace, facilitating a reinterpretation of the practice of international intervention in conflict-affected societies. Today, sustaining peace policy approaches advance longer-term missions, give a secondary role to external practitioners, and increasingly accept risks and failures. What is striking is that even when these policy discourses hold out the promise of liberating peacebuilding from dominant and top-down models of liberal intervention, the mood in the field is one of despair. By drawing on John Dewey's work on pragmatism and interviewing practitioners in Bosnia and Kosovo, the article reflects on the morass practitioners find themselves, diagnoses the source of the frustrations, and anticipates the direction of sustaining peace. Pragmatism adumbrates the idea of ‘peacebuilding without peace’, encouraging practitioners to experiment, give primacy to their doings and explore this world without hope of success and dreams of otherworldliness.
Shanidar Cave in Iraqi Kurdistan became an iconic Palaeolithic site following Ralph Solecki's mid twentieth-century discovery of Neanderthal remains. Solecki argued that some of these individuals had died in rockfalls and—controversially—that others were interred with formal burial rites, including one with flowers. Recent excavations have revealed the articulated upper body of an adult Neanderthal located close to the ‘flower burial’ location—the first articulated Neanderthal discovered in over 25 years. Stratigraphic evidence suggests that the individual was intentionally buried. This new find offers the rare opportunity to investigate Neanderthal mortuary practices utilising modern archaeological techniques.
Training has shown little effectiveness in altering harassing or discriminatory behavior. Limitations of prior intervention efforts may reflect poor conceptualization of the problems involved, poor training intervention design, approaches that engender cynicism, or misunderstanding psychological principles of attitude and behavior change. Interventions should capitalize on behavioral science models and tools at multiple levels from a broad array of disciplines to explain harassment and bias, and then to defeat these behaviors. Measures to ensure fair treatment should focus on leadership socialization, organizational culture and climate, increased professional competence, and integration with organizational approaches to corporate social responsibility and performance.
This chapter examines the reciprocal relation between intelligence and achievement, particularly within academic domains such as verbal ability and mathematical ability. In particular, the chapter examines the specific knowledge needed for successful performance on tests of verbal ability that focus on decoding or reading comprehension, and tests of mathematical ability that focus on solving arithmetic computation problems or arithmetic word problems.
This chapter describes how, shortly after the advent of Islam, the ultimate responsibility for blood-money payment was transferred to state administration, and how the method of payment was modified accordingly. With a view to assisting the ruler supervising the payments, the Umayyads regulated that instead of direct payment by the ‘āqila, the injured party were to receive their dues from money deducted from the annual stipends to which the ‘āqila members were entitled by virtue of their being registered in the military dīwān, the Muslim army. The introduction of this Umayyad innovation by the caliph Mu‘awiyya is presented, as well as historical evidence of its actual practice throughout the Umayyad empire.
This paper examines how continued reductions in fee levels for criminal legal aid work affect recruitment and retention in the English publicly funded criminal defence profession. Data from 29 qualitative interviews with English defence solicitors and barristers are analysed to explore the impact of these reductions on recruitment of new lawyers and retention of current lawyers. On the basis of these findings, also building on research conducted by lawyer professional associations, I argue that a combination of cuts to legal aid, the resulting working patterns and low morale has led to a position where the criminal defence profession, as we know it, is unsustainable.
‘Sounds, Words, Aboriginal Language and Yarning’ (SWAY) is a school-based oral language and early literacy programme based on Australian Aboriginal stories, knowledge and culture. It was developed by a multidisciplinary team in collaboration with Australian Aboriginal community members. SWAY aims to strengthen and support the communication skills of educators to facilitate language and literacy development of children in the early school years, particularly Australian Aboriginal children, within rural communities in New South Wales. Key features of SWAY include capacity building of educators and small group speech-language pathology intervention sessions, delivered remotely via telehealth. This study explored educator perceptions of SWAY training, mentoring and implementation, using a mixed methods approach. Findings revealed: use of culturally responsive strategies; positive educator perceptions of the SWAY programme, training and mentoring and positive changes to the confidence and behaviours of educators both supporting language and early literacy development, and embedding Australian Aboriginal perspectives in the classroom. Positive findings support and encourage the ongoing provision of SWAY. Findings also have implications for the future collaborative development and implementation of culturally responsive language and literacy programmes.
An experience gap has opened up in the development of legal professionals. The workplace-based experiences (traineeships and articles of clerkship) that were once pivotal to the progress of law graduates from student to practitioner are either no longer available or are much diminished in scope and scale. Graduates are expected to have accessed such experiences through other avenues. This is a particular challenge for those law graduates who lack the family and social connections to help them start their engagement with the profession. In response to these changing circumstances Monash University has instituted a Clinical Guarantee assuring every law student a place in its Clinical Legal Education (CLE) programme if they so choose. In this chapter, we describe the Clinical Guarantee initiative, our progress to date, the way in which we have used technology to support provision and the challenges we have faced during implementation. We conclude by emphasising the value of CLE as preparation for modern legal practice, and outlining our intention to measure that value through future evaluation work. This chapter tells an Australian story, but one which resonates with experiences in other jurisdictions.
This book has considered ethics in the context of human vulnerability. We are vulnerable because we can be affected by things across the life span, and we can be affected by things because we are physical beings – part of the world around us and subject to the passage of time. Consequently, a life can come to an end at any time. For this reason, death is not only completely normal, but inevitable. Nevertheless, death is typically regarded as something regrettable. Issues of personhood and autonomy lie at the centre of bioethical debates about the ending of human life, especially where this involves abortion and euthanasia. Against the backdrop of these issues, this chapter provides an overview of the main legal and ethical considerations relating to abortion and euthanasia.
This chapter addresses the topic of information we receive about or from patients and introduces the concepts of privacy and confidentiality in relation to the management of patient information. In this chapter we also outline legal requirements for reporting harmful conduct of health professionals and others. Providing excellent nursing care for a patient requires that each nurse involved in the patient’s care acquire relevant information from the patient (or a representative) concerning the patient’s symptoms, their lifestyle, their medications, their concerns and their experiences. Therefore, nurses routinely see, hear, read and record things about other people that are not normally discussed outside the health-care setting, and have privileged access to matters of patient privacy. This brings with it certain legal and moral obligations. Therefore, managing information about patients is one of the most important ethical and legal roles nurses play in health care and, owing to modern technology (as we discuss below), it is arguably one of the greatest challenges faced by professional practice.
This Chapter will focus on one of the main parts of the civil law that is relevant for nurses: the law of negligence. The law of negligence is a part of the civil law that allows a person to bring legal proceedings against another person to correct a wrong or harm that the other person has done to them. Usually the person who has been harmed (the plaintiff) will seek payment of damages in compensation for their injury from the person whose act or omission caused the harm (the defendant). This Chapter will outline the key parts of the law of negligence. The particular focus of the Chapter will be on the special rules that have developed in the law of negligence in relation to health care professionals, including nurses. By understanding how the law will apply to things nurses do that cause people harm, it should be possible for nurses to better avoid acting negligently.
The introductory chapter frames medieval sacred heritage in a global context. The growing interest in sacred heritage is charted and its value is discussed in relation to economic, political, social and spiritual value, drawing on examples that demonstrate the multiple values of sacred heritage to both secular and faith communities. Finally, the theme of heritage value is linked to academic interpretations of the sacred in medieval archaeology, advocating a practice-based approach.
In examining the challenges facing the nurse in the area of aged care some of the philosophical and ethical aims of this book are most acutely demonstrated. In general, in advanced capitalist societies such as Australia, there is a tendency to regard ageing in a negative light. The importance that society attaches to productivity as a measure of value, and the decline of traditional family and community structures, have seen societal attitudes towards the aged shift, from one of respect to a more general disregard or devaluing of the possible contributions of the elderly. It is in this context that the role of the nurse as a builder of capability and a supporter of autonomy becomes most significant. While there are limits to the therapeutic benefit that a nurse can provide to a person’s physical health, nurses can play a substantial role in supporting and promoting the exercise of autonomy in the face of physical changes, especially in the context of ageing.
The concept of ‘total reward management’, which was canvassed in chapter 1, acknowledges the growing importance of benefit plans in strategic reward practice, particularly in attracting and retaining high capability employees with specific demographic characteristics, such as women professionals, experienced older workers of both sexes, and younger workers, such as ‘Millennials’ (born between 1985 and 2000) and ‘Generation Z’ (those born since 2000).
Whereas benefits were once the least glamorous of all aspects of reward management – and were literally referred to as ‘fringe’ reward practices – many organisations now consider them to be an important means of gaining a competitive advantage in labour markets where key ‘talent’ is in short supply. As the workforce becomes more diverse and as the level of employee education and reward expectation rises, financial and non-financial benefits are assuming an increasingly critical role in the reward management system’s ability to attract, retain and motivate high-potential and high-performing employees.
The focus of this chapter is culture and developing nursing care that is culturally sensitive and culturally safe. To many nurses in Australian culture, the idea of concealing the truth seems improper. Truthfulness underpins our practices of informed consent and also forms the basis of clear communication and trust in the nurse–patient relationship. However, in different cultures there is a common expectation that patients will not be told of certain diagnoses, and that the burden of knowledge and decision-making is delegated to family members. Placing a very high value on truthfulness and the right to know assumes a desire to know the truth on the part of the patient and the community. Not all people or communities hold this desire. In such cases, imposing Western values would be paternalistic, overbearing and disempowering, and would therefore constitute culturally insensitive care. The presence of different cultures in our community brings about social diversity and requires culturally sensitive and culturally safe care from nurses and midwives.