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Edited by Raymond E. Levitt, W. R. Scott and Michael J. Garvin

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Valerie Bevan

This chapter explores why women working in healthcare science keep quiet about their career aspirations both at work and at home contributing to fewer women reaching top positions. Drawing on texts from women and men healthcare scientists and a long career in healthcare science, the author shows how men succeed in keeping women in their subordinate “place” and why women find it difficult to escape from this place. Men exclude and downplay the contributions of women in healthcare science by a variety of subtle masculinist behaviors, sapping women’s confidence: women being candid about ambitions can be counterproductive and it is less problematic to keep quiet about their career aspirations. Subtle masculinist behaviors are also exhibited by some husbands (all women in this research living with heterosexual partners were married) so that women find it less confrontational to downplay their career aspirations at home to the point of having secret careers.

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Nana Cecilie Halmsted Kongsholm

Biobanks hold a great potential for research into a large number of health issues and developments - a potential that is magnified even more when biobanks collaborate internationally. To facilitate international collaboration and overcome issues of the often very different legal and regulative landscapes between countries, many efforts of harmonization of biobank guidelines - particularly with respect to the issue of consent to participation - have been launched. However, such efforts to harmonize guidelines risk overlooking or glossing over local factors that may compromise consent in specific contexts, particularly when research is conducted in developing countries, which risks enabling exploitative research interactions. In this chapter it is argued that harmonization efforts with a sole focus on consent may overlook two issues: (1) even when there is valid consent, there may still be exploitation; (2) in concrete research contexts in developing countries there may be local social and cultural factors that compromise individuals’ consent and make them particularly vulnerable to potentially exploitative research interactions. To illustrate, the author draws on findings from an interview study conducted with biobank donors in rural Pakistan, carried out under the Global Genes, Local Concerns project.

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Alexandru Rusu and Olga Löblová

Policy transfer failure is an understudied topic as literature tends to overemphasise successful examples of policy circulation. However, failure is as much a part of public policy as success and it is far from being the end of the story. In fact, the initial failure to reach a preferred policy objective will take its toll on the agents of transfer as well as on the policy itself. This chapter explores failed and partial policy transfer by focusing on the activities of its agents. It shows how the behaviour and choices of epistemic communities affect the fate of the circulated policy following an initial failure to push through their policy projects. The empirical basis for our analysis is the case of Health Technology Assessment (HTA) in Central and Eastern Europe (CEE), a region where HTA has been met with varying degrees of interest, resulting in varieties of non-adoption and partial adoption.

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Martín Molinuevo and Michael Jacobson

International rules on foreign investment in trade agreements came from two sets of disciplines. Investment chapters are the obvious source of rules on foreign investment. In addition, chapters on trade in services, especially those following the GATS structure, feature rules on foreign direct investment (FDI) in the services sector. The chapter focuses on disciplines in ‘trade in services’ and their relation to FDI. In particular, it assesses the relationship between the concepts of FDI and trade in services, reviews the scope of main disciplines in services and investment chapters in trade agreements, and brings attention to potential legal conflicts between them. Finally, it considers potential implications of this relationship in dispute resolution by considering how investment disputes in services would be considered at the dispute settlement mechanism of the WTO, and how a trade in services dispute would be viewed in investment arbitration.

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Lise Johnson

The chapter explores the interrelationship between foreign direct investment (FDI), international investment agreements (IIAs) and the sustainable development goals (SDGs) on a foundational level. The SDGs are more and more used to inform the reform of international investment law in a way that FDI should aim at harnessing sustainable development. Therefore, the chapter first explains the basic concepts with a focus on positive and negative effects of FDI on sustainable development. The chapter examines those issues by focusing on the connections between FDI and certain SDGs. Therefore, the chapter provides a brief overview of the SDGs and offers a preliminary discussion of how IIAs might affect FDI’s contributions to specific SDGs, focusing on SDGs 1, 6, 7, 9, and 13. After examining those specific SDGs, this chapter offers some more general thoughts on how the scope of investment treaties reflect and are relevant to sustainable development.

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Alexander-Stamatios Antoniou and Virginia Aggelou

This chapter focuses on gender stereotypes and how they affect female managers throughout their careers. As is evident from the statistics, the number of female employees has increased and the quality of their work has improved significantly over the last few decades. Nonetheless, there are still barriers to be overcome. Women appear to be underrepresented in higher corporate positions, a phenomenon which appears to be connected to gender and leadership stereotypes. Many theories confirming this connection are mentioned. As a result, women leaders seem to violate the norm, since leadership remains associated with male-type behavior and agentic characteristics, such as aggressiveness. Backlash effects for female managers are often observed, even if they adopt a more masculine style of leadership. Along with gender stereotypes, the “queen bee” syndrome constitutes another reason for preserving the gendered hierarchy, although more research is needed in order to understand its complexity.

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Dorothy Estrada-Tanck

This chapter proposes a human security framework – based on the axis of freedom from fear, from want and to live with dignity – that emphasises the widespread risks to individual human rights violations, as a more complete and integrated approach for women’s engagement with international law. Despite the potential of the human security–human rights link as a reciprocal symbiosis, while most human security ideas have been related to human rights at the general or discursive level, they have not connected at a deeper juncture. A gendered and human rights-based approach to human security in international law would bear fruitful results, but has seldom been explored. Thus, this chapter will focus on human security and its core human rights content, and explain why this development/reconceptualisation is important for women and girls, in particular what problems it may address and what objectives it may achieve; and, secondly, what a feminist human security–human rights lens means for the future of feminist engagement with international law at the international, regional and national levels. It will do so especially through the illustrative case study of female undocumented migrants. Indeed, undocumented migrant women and girls are some of the most vulnerable persons in the world today. They face cumulative and intersectional forms of violence, deprivation and human rights violations. However, feminist approaches to international law have not fully engaged with this reality. The chapter will thus use this case study to spell out more general implications of the feminist human security–human rights approach for women’s involvement with international law in the twenty-first century.

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Mary Hansel

At the conclusion of her article A Discipline of Crisis, Hilary Charlesworth poses the question: “What might an international law of everyday life look like?” This chapter will explore the answer by invoking feminist temporality as a basis for examining how international law might become more focused on systemic, enduring, quotidian, everyday issues – precisely the issues that most affect women. By now, international law’s tendency to prioritize crisis is well-trodden ground in legal literature. What seems to be missing from the crisis discourse, however, is a nuanced understanding of what these crises are that dominate international law’s attention and resources. By what criteria are crises defined and identified? Ultimately, the aim of this chapter is to encourage greater deliberation regarding the criteria for situations and issues that dominate the international legal agenda. The hope is that, in the future, such deliberation will result in better prioritization of women’s interests and richer engagement with feminist concerns.

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David McIlroy

Law is not law unless it refers to justice; justice requires reflection in law. Law is defective if it does not deliver the shallow justice of predictability and consistency. Law is defective if it does not adequately express the conceptions of deep justice in a community. Law is dangerous and oppressive where it departs from true justice. True justice depends on their being an objective account of human deserts. It requires attention to questions about what human beings are, what is good for human beings, and whether they have a relationship to God. True justice is a transcendent concept, either a desideratum, necessary but non-existent, or grounded in the eternal. If God exists, then true justice exists for only God could issue the final judgment which is the end of law. Augustine’s critical natural law theory looked forward to such a Day of Judgment.