Related Disputes Research Articles

Implementation of Article 87 Law Number 2 of 2004 Concerning Resolution of Industrial Relations in the Court of Industrial Relations in Article of the Republic of Indonesia

The formulation of article 87 of Law Number 2 of 2004 in its implementation still requires firmness to provide certainty that what is meant by trade unions / labor unions that can become legal counsel to proceed at the Industrial Relations Court to represent their members are trade unions / labor unions located in in the company or including labor unions / labor unions outside the company. The purpose of this study is to describe / describe the rights and authority of trade unions / labor unions as legal counsel in the process of resolving industrial relations disputes along with descriptions (describing) the legal consequences related to the rights and authority of trade unions / labor unions .The type of research used is normative law which is intended to examine the provisions of positive law. The method of approach used in this study is the approach: normative law, which examines the legal norms that apply, both in the form of laws, implementing regulations and other regulations that have links with the issues discussed in the study. Settlement of industrial relations disputes can be done through resolutions outside the Industrial Relations Court (Non-Litigation) and in the Industrial Relations Court (Ligitation). Implementation of Article 87 of Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes, in the Decision of the Supreme Court of the Republic of Indonesia Number 933K / PDT.SUS / 2009 dated May 5, 2010 and Number 488K / PDT.SUS / 2012 dated October 22, 2012, referred to as trade unions / labor unions has a legal standing representing its members proceeding in the Industrial Relations Court is a trade union / labor union both inside and outside the company.

Maritime boundary disputes: What are they and why do they matter?

When states legalised the maritime domain in the 20th century, the relationship between states and maritime space changed. Since the turn of the millennium, certain global trends have further amplified the role of the oceans in international affairs. This has led to a renewed focus on maritime space, as well as states' rights and responsibilities within this domain, delineated through the concept of a ‘boundary’ at sea. What, in essence, is a maritime boundary? Why do states end up disputing them? Perhaps more important, how do states go about settling such disputes, and how can we better understand the development of the legal and political principles that frame such endeavours? These are the questions examined in this article, which sets out to examine the concept of maritime boundaries and related disputes. Leaning on political science, international law and political geography, it reviews how the idea of a maritime boundary came about; what principles govern how they are drawn; how they at times are resolved; and possible future trends that might impact boundary-making at sea.

Medical disputes in relation to prenatal ultrasound in China.

Medical disputes in relation to prenatal ultrasound in China.

The (Underdeveloped) Use of Arbitration in International Insolvency Proceedings

The commencement of insolvency proceedings has mostly been perceived as a form of disturbance in the arbitration world because it could provide a cause to stay pending arbitration proceedings and hinder the enforcement of arbitral clauses and arbitral awards. Most of the academic discussion has focused on these issues. This article will discuss these issues only briefly. Instead, it aims at demonstrating that disputes which arise in the context of international insolvency proceedings could benefit from a more advanced use of arbitration. The article explains the arbitrability of disputes in insolvency proceedings and the limited scope of the public policy defense with the national insolvency laws functioning as a gatekeeper to arbitration. Consistent with existing insolvency case law in many jurisdictions, an arbitration-friendly approach is formulated. Following this approach, the article outlines disputes that could be resolved efficiently when addressed in arbitration. Insolvency, arbitration, arbitrability, bankruptcy, core bankruptcy issue, public policy, cross-border insolvency proceedings, related disputes

Constitutionalizing FIFA: Promises and Challenges

FIFA’s reformation process, which began with the World Cup bid in 2010 and culminated in the explicit inclusion of human rights in FIFA’s statutes since April of 2016, exemplifies how transnational sports law (lex sportiva) can undergo processes that contribute to the protection of human rights. In fact, when viewed through the lens of societal constitutionalism, FIFA’s reformation process can be analyzed as a process of emergent constitutionalization. This paper provides the requisite empirical investigation and applies Teubner’s theory on societal constitutionalism to study FIFA’s reform process. FIFA has effectively formulated limitative rules by introducing human rights to their private ordering. This marks a decisive evolutionary step in the way sport related disputes are settled by the Court of Arbitration for Sport (CAS). Given FIFA’s new statutes, human rights no longer just apply subsidiarily (if at all), but directly. Further going re-specialization and regime-specific application of human rights can also be observed in FIFA’s reformation process. Human rights are positivized by a process formed like a ‘patchwork quilt’, entwining pressure from NGOs, private ordering, contracts, CAS decisions, and national courts decisions. Each part represents a valuable contribution to FIFA’s ‘common law’ transnational, social constitution. But this self-evolving constitution can be effective only when coupled to regimes of reflexivity and enforceability. Our case study reveals that FIFA’s reformation process already features high levels of reflexivity. Nevertheless, it is lacking in regimes of enforceability. It remains an outstanding question to what extent FIFA can be held accountable for human rights violations. Here, the societal constitutionalist lens draws attention to the normative importance of society for limiting the negative effects which FIFA has on its environment.

The Effects of Ḥanafī and Ẓāhirī Methodists’ Opinions About the Indication of General Utterances in Qur’ān and the Subject of Their Specification by al-Khabar al-Wāhid on Islamic Law Regulations

Âmm lafızların kullanımda fertlerinin hepsine delâletinin kat‘îliği ve zannîliği hususu usûlcüler arasında tartışmalıdır. Hanefî usûlcüler âmm lafzın tüm fertlerine delâletini kat‘î olarak görür ve başlangıçta kat‘î bir delille tahsîs edilmedikçe zannî bir delille tahsîse uğratılamayacağı görüşünü savunurlar. Zâhirî usûlcüler de hanefîler gibi âmm lafzın fertlerinin tamamına delâletinin kat‘î olduğunu ve tahsîsinin yine kendi derecesindeki başka bir delille olabileceğini savunurlar. İki grup arasındaki temel fark haber-i vâhidin sübût itibarıyla zannî bir delil mi yoksa kat‘î bir delil mi olduğu meselesinde odaklanır. Hanefîlere göre haber-i vâhid zannî bir delildir ve Kur’an’daki âmm lafızlar başlangıç itibarıyla başka kat‘î bir delille tahsîs edilmezse haber-i vâhidle tahsîs edilemez. Zâhirîlere göre ise haber-i vâhid kat‘î bir delil olup Kur’an’daki âmm lafızları tahsîs edebilir. Bu çalışmada iki mezhebin usûlcülerinin Kur’an’daki âmm lafızların delâleti ve haber-i vâhidle tahsîsine ilişkin görüşlerinin mukayesesi yapılıp daha sonra aradaki ihtilafın fıkhî düzenlemelere etkisi incelenmektedir. Buna göre çalışmada namazda Fatiha suresini okumanın hükmü, hısımlık oluşturan süt emme sayısı, bâin talâkla boşanan kadınların hakları ve ölüm cezasının Harem bölgesinde infazı meseleleri üzerinden iki mezhebin yaklaşımları mukayese edilmektedir.Özet: Bu çalışmanın amacı Amr Osman tarafından 2010 yılında tamamlanan The History and Doctrine of the Ẓāhirī Madhhab isimli doktora tezindeki bir iddianın hatalı olduğunu ortaya koymaya çalışmaktır. Amr Osman, çalışmasında özetle klasik sınıflandırmada mezheplerin ehl-i hadis ve ehl-i re’ye mensubiyetinin yanlış konumlandırıldığını iddia eder. Ona göre Zâhirî mezhebi bilinenin aksine ehl-i hadis içerisinden çıkan mezheplere değil Hanefî mezhebine daha yakındır. Bu çalışmada onun iddiasını desteklemek üzere dayandığı argümanlardan bir tanesi ele alınarak iddiasının isabetsiz olduğu ispatlanmaya çalışılmaktadır. Osman, Hanefî ve Zâhirî mezheplerinin âmm lafızların; kullanımda, tüm fertlerine şamil olması ve yine kapsamındaki tüm fertlerine delâletinin kesinliği yönündeki ortak görüşlerini esas alarak zâhirîlerin hanefîlere daha yakın olduklarını iddia eder. Bu aşamada her iki mezhebin görüşü ortak olsa da hanefîler sübûtunu zannî kabul ettikleri haber-i vâhidlerle Kur’an’ın umûmî ifadelerinin tahsîs edilebileceği görüşünü reddederler. Hâlbuki zâhirîlere göre haber-i vâhidlerin sübûtu tıpkı mütevâtir haberler gibi kesindir, dolayısıyla kendi kuvvetindeki Kur’an’ın umûmî ifadelerini tahsîs edebilir. Mezhepler arasındaki söz konusu ihtilaf birçok fıkhî düzenlemeye yansımıştır. İhtilaflardan bazıları şunlardır:1. Hanefîler, “Artık, Kur’an’dan kolayınıza geleni okuyun” âyetinin umûmuyla amel ederek namazda Kur’an’ın herhangi bir ya da birkaç âyeti okunarak kıraat rüknünün ifa edilebileceğini belirtirler. Buna mukabil zâhirîler ilgili umûmî emri “Ümmü’l-Kur’ân’ı [Fatiha] okumayanın namazı yoktur.” haberine dayanarak tahsîs etmişler ve namazda Fatiha suresini okumanın farz olduğunu belirtmişlerdir.2. Hanefîler, “Size şunlarla evlenmek haram kılındı: … sizi emziren sütanneleriniz, süt kız kardeşleriniz…” âyetinde sütanne ve süt kız kardeş ifadeleri umûmî olarak geçtiği için bir çocuğun bir sefer emmesiyle bile süt hısımlığının oluşacağını belirtirler. Onlar âyeti tahsîse götüren süt hısımlığının ancak üç ya da beş sefer emmekle oluşacağını bildiren haber-i vâhidlerle amel etmezler. Hâlbuki zahirîlerden Dâvûd ez-Zâhirî, âyeti çocuk üç defa emmedikçe süt hısımlığının oluşmayacağını bildiren haberle, İbn Hazm ise beş defa emmekle akrabalığın oluşacağını bildiren Salim hadisiyle tahsîs etmişlerdir.3. Hanefîlere göre “Onları (boşadığınız kadınları) gücünüz nispetinde, oturduğunuz yerin bir bölümünde oturtun.” âyetinin umûmuna göre boşanan kadın için, ister bâin ister ric‘î talâkla boşansın boşayan kocası tarafından sağlanmak üzere iddet süresi içerisinde nafaka ve süknâ hakkı vardır. Onlar âyetin umûmunu tahsîs eden Fatıma binti Kays haberiyle amel etmemişlerdir. Zâhirîler ise âyeti bâin talâkla boşanan kadına Hz. Peygamber’in nafaka ve süknâ hakkı vermediğine dair haberle tahsîs ederek söz konusu hakkı sadece hamile kadınlar ve ric‘î talâkla boşanan kadınlar için tanımışlardır.4. Hanefîlere göre ölüm cezası gerektirecek bir suç işleyip Harem bölgesine sığınan suçluya “Oraya kim girerse, güven içinde olur.” âyetinin umûmî ifadesine göre Harem’deyken ceza infaz edilemez. Zâhirîlerden Dâvûd ez-Zâhirî ise Hz. Peygamber’in Mekke’nin fethi gününde İbn Hattal’a Harem’de cezanın infaz edilmesini onayladığına dair haberle âyeti tahsîs etmiş Harem’de de olsa ölüm cezalarının suçlu nerede yakalanırsa orada infaz edilebileceğini ifade etmiştir. İbn Hazm, bu meselenin hükmüyle ilgili hanefîlerle aynı görüşe sahiptir. Fakat onun görüşünün gerekçesi İbn Hattal’la ilgili haberin o güne mahsus bir olay olmasından kaynaklanmaktadır. Görüldüğü üzere hanefîlerle zâhirîler âmm lafızların tüm fertlerine delâletinin kesin olduğu hususunda aynı görüşü paylaşsalar da Kur’an’ın âmm lafızlarının haber-i vâhidlerle tahsîsi hususunda ihtilaf etmişler sonuçta da iki mezhep arasında bu ihtilaftan kaynaklanan birçok farklı fıkhî düzenleme sadır olmuştur. Son tahlilde Amr Osman’ın iddiası kanaatimizce ihtiyatla karşılanmalıdır.

Assessment of the land inventory approach for securing tenure of lawful and bona fide occupants on private Mailo land in Uganda

The co-existence of overlapping land rights is an issue of concern as countries strive to secure land tenure rights for improving land productivity. Whereas considerable research has been directed to overlapping rights on customary land, there is limited research on the solutions to overlapping land rights between registered landowners and unregistered occupants. The Mailo tenure in Uganda, which is a case of a century-old impasse between registered owners on one hand and legally recognized unregistered occupants on the other hand, has resisted both political and legislative-based solutions. Yet Mailo tenure accounts for about 20 % of Uganda’s land, including the capital city, major influential towns and high value land.In this paper, we introduce and evaluate the Land Inventory Approach, which is a step by step approach to documentation and formalization of occupancy rights on registered land, with acceptance of landlords and tenants, while maintaining harmony within the community and the political environment. The approach is specifically designed for the Mailo tenure and other similar tenure systems where overlapping land rights are shared between registered owners and legally protected unregistered occupants. The land inventory approach was initiated by GIZ under the Improvement of Land Governance in Uganda (ILGU) project co-funded by the European Union (EU) and the German Government, as part of the Global Program "Responsible Land Policy" for the Special Initiative "One World, No Hunger" (SEWOH) of the Federal Ministry of Economic Cooperation and Development (BMZ). After more than one year of piloting, an assessment was undertaken to review the suitability of the approach to addressing overlapping rights impasse between landlords and tenants on Mailo tenure. The assessment was based on four guiding questions, namely whether the approach: (i) improves the relationship between landlords and tenants, (ii) addresses all land related disputes on Mailo tenure, (iii) provides adequate information for negotiations between landlords and tenants, and (iv) provides an appropriate Fit-For-Purpose (FFP) technological as well as operational/procedural solution.Findings indicate that overall, the approach significantly improved the relationship between landlords and tenants in the areas where the project was successfully piloted. The approach provides the necessary information, such as location and size of tenancies, use of tenancy portions, claims to usufruct rights and proportion of the landlords’ occupied and unoccupied land, which helps further negotiations. The collected information will, if included in the National Land Information System, not only improve transparency in land administration but will also increase the menu of negotiation options and hence empower both the landlords and tenants to reach consensus.

MEKANISME PENYELESAIAN PERKARA PERSELISIHAN HUBUNGAN INDUSTRIAL DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2004 TENTANG PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI KLAS IA SAMARINDA

The relation between legal subjects such as person or legal entity in a case, frequently generates dispute. Along with the complexity of social life, then, the more parties are involved in the dispute, the wider scope of the dispute case. One of the concerned dispute in the society is Industrial Relations Disputes that become the competence of Industrial Relations Court. Since 2015, The Act No. 2/2004 about Industrial Relations Dispute Settlement has enforced effectively, it still has many weaknesses, wether from practical or regulation aspects. The legal problems of its Act cause the settlement of Industrial Relations Dispute become less effective and efficient, also hamper the principle of constante justitite (principle of rapid, fair and easy trial). The research concluded that the practical/operational level of the Judges Panel in examining and adjudicating the cases of Industrial Relations Dispute in Industrial Relations Court of Samarinda, which tend to apply the general civil procedure law, from the examination of legal standing of the parties, exception, interlocutory decision, replik, duplik, writen proof, the witnesses, experts/professional witnesses, conclusion and verdict. This procedures only prolong the examination and trial process to settle the case of Industrial Relations Dispute. Therefore, the SOP (Standard Operational Procedure) of the settlement of Industrial Relations Dispute cannot be well-implemented yet as the mandate of the law.

Resolution of Sports Disputes through Mediation

Sport in today’s date contributes a major proportion to the global finances. The topic of sports is a very delicate one involving reputations which may be damaged to a greater ex-tent. Alternate Dispute Resolution is an integral aspect when concerns are raised due to disputes arising out of Sports. The Court of Arbitration in Sports (CAS) plays a major role in solving disputes arising out of sports through appropriate means of Alternate Dispute Resolution. The paper focuses on discussing the prime aspects of the CAS when it comes to solving disputes out of sports. It discusses opinions on how the CAS can be more effective with a mediation base rather than heading to arbitration in all problem. The paper as well discusses the demographics of the Arbitrators and Mediators who precise over most cases at the CAS and where are the areas of improvement while concerning their selection. This paper takes into consideration the rules and laws relating to ADR in four countries namely United Kingdom, Switzerland, China and India. The author has tried to portray how the Indian Judiciary can consider certain aspects of ADR when it has come to the topic of settlement of disputes arising out of sports. This paper dis-cusses on what can be the effective means of solving Sports related disputes in India. The problem concerning the approachability of the CAS for Indian authorities and athletes has also been discusses. Prospects on how to improve the approachability of the CAS from India can be improved are tried to be discussed. This paper aims at promoting Alternate Dispute Resolution an appropriate mean for solving sports related disputes.

Validity in Patent Infringement Proceedings — A New Approach to Transnational Jurisdiction

Validity is frequently raised as an issue in patent infringement proceedings, either as a defense or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches are perfect and that there is a lack of evidence-based assessment as to their efficiency. It then moves to discuss the similar jurisdictional segregation which occurs between validity and infringement at the domestic level in those countries which have adopted a bifurcation system of patents. It suggests that measures adopted domestically may shed light on the international conflict, and that courts should consider factors exceeding those ordinarily considered by international lawyers. A jurisdiction ‘matrix’ is proposed, aimed at providing a pragmatic solution. It grants the court on infringement the initial power to screen the likelihood of success of the infringement claim and then the validity defense, taking account accuracy of decision, expertise, chances of success, sound management of justice and deterrence of torpedo defenses, before making decision on validity jurisdiction.

Disputes in India-Sri Lanka relations

Disputes in India-Sri Lanka relations

Position of Collective Labor Agreement as a Company Autonomous Law: Industrial Relation Dispute Settlement Approach

Collective Labor Agreement (CLA) is one of the main pillars that can be used in resolving disputes that occur in the company, However, there are problems concerning the implementation of CLA. The purpose of this research is to find and identify factors that can trigger disputes in the implementation of CLA, the probability of amendment of the CLA, identify the position of CLA in resolving Industrial Relation Disputes and find a mechanism of settlement in the implementation of the CLA. The research was carried out using empirical legal methods and analyzed using qualitative methods. The results are presented in a descriptive analysis report. The results of this research showed differences in interpretation, when unclear validity arrangements and adjustments of the new legislation happen were triggering disputes in the implementation of the CLA. Based on goodwill from the CLA parties, amendments could be made through negotiations in accordance with the mechanism stipulated in the Laws and Regulations. The position of CLA is an autonomous law that applies to the company and is an important element in preventing and resolving Industrial Relation Disputes. Finally, the settlement through bipartite, tripartite and Industrial Relation Court are the mechanism that can be taken for interest disputes.

ANALISIS PEMUTUSAN HUBUNGAN KERJA DENGAN ALASAN DISHARMONI (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 121/PDT.SUS-PHI/2018/PN.BDG Juncto PUTUSAN MAHKAMAHi AGUNG NOMOR1942 K/PDT.SUS-PHI/2018)

This different opinion of termination sometime causing industrial relation dispute. The increasing reasons of employment termination constantly do harm for the workers without considering the loss that they may experience. How the Judge consider to make decision of termination with disharmony as the reason as stated in Constitution No. 13 Year 2003 about Employment? The research types that being used was a Normative Research. There are various reason in an employment termination. Dispute in Employment termination is a dispute of how employment relation ends. Terminating an employment relation must be accompanied by detailed and described as stated in Constitution No. 13 year 2003 about Employment. The Provision about arrangements for employment termination set out in article 150 until 171 Constitution No. 13 Year 2003 about Employment. Issues in this case is that PT Sari Gemilang didn’t described in detailed their reason why they terminated their workers. In the decisions of the Supreme Court didn’t consider Article 57 paragraph (2), Article 59 Paragraph (4), and Article 59 Paragraph (7) also Article 151 Paragraph (3) and Article 155 Paragraph (1) Constitution No. 13 Year 2003. Judge only considered that the relation between Company and Workers are disharmony. Disharmony is a situation, not a reason for termination. Panel of judges of the supreme court didn’t see there are reason for termination or not. There is uncertainty on the termination fee and the calculation that need to be paid by the employer due to disharmony.

Analytical Solutions for Bending of Nanoscaled Bars Based on Eringen’s Nonlocal Differential Law

The one-dimensional nanoscaled bar is commonly seen in current nanodevices, and it plays a significant role in nanoelectromechanical system (NEMS) and related nanotechnology. Motivated by this, the paper is concerned with the bending and stability of a nanoscaled bar especially a flexible bar subjected to vertical concentrated, vertical linearly distributed, and horizontal concentrated forces simultaneously. The theoretical model is developed by employing Eringen’s nonlocal differential law. Hence, the nonlocal differential constitutions in terms of stress and bending moment at a nanoscale are applied to the classical equilibrium formulation in order to construct the nonlocal constitutive model and then determine the analytical solutions for bending of such a nanoscale bar. Subsequently, the effect of a nonlocal scale on the midpoint deflections and internal forces is shown numerically, and the internal and external characteristic length scales are also examined. It is revealed that the capacity of resisting compression decreases with increasing the nonlocal effect since the internal characteristic scale cannot be neglected by comparing with the external characteristic scale. There exists a threshold value for bending stiffness. Both the midpoint deflection and bending moment vary monotonously when the material bending stiffness exceeds the threshold value, while the mechanical quantities fluctuate when the bending stiffness is less than its threshold value, namely, for a flexible nanoscaled bar. Accordingly, two different kinds of nonlocal predictions and the related disputes are resolved in the context of Eringen’s nonlocal differential law. The work is expected to be useful for the design, application, and optimization of nanoscaled bars sustaining bending with linear vertical and horizontal forces.

Developments in Labor and Employment Law In the United States (September 2018 - January 2019)

I - United States Supreme Court In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that an employer trucking company could not compel its drivers to arbitrate their wage claims, rather than litigating the claims in court. This case is an unusual win for workers, given the long line of Supreme Court precedents since 2001 that have established that mandatory agreements to arbitrate employment–related disputes are enforceable in non-union workplaces. Under such agreements, as a conditio...

BOUNDARY DEMARCATION FOR A NEW STATE IN INTERNATIONAL LAW

Boundary demarcation is one of the most important aspects of creating new states in the course of international public law. This issue is dealt with through two main problematic areas: on one hand, the existence of uti possidetis due to the phenomenon of colonialism, regarded as the rule of law (jus cogens), which is still valid to the present, and which causes many conflicts (particularly depriving indigenous peoples of their original boundaries). On the other hand, there is no obvious legal rule to bind concerned states to make a demarcation, and the laxity or non-control of a boundary creates a source of tension and a security threat for connected countries. This research mainly aims to render the boundary as a source of stability through encouraging the newly independent states to achieve the demarcation process as soon as possible, thus avoiding all relevant disputes. The findings of the paper show that it is necessary to provide adequate discretionary powers to the Joint Demarcation Commission (JDC)s, specifically those of new States, to overcome obstacles and difficulties for accomplishing demarcation’s practical steps accurately and in a sophisticated manner. Moreover, there are alternatives able to settle related disputes peacefully, in order to stabilise new countries, strengthen them, establish their infrastructures, and evolve cooperation relations based on good neighbourliness among respective states. Eventually, this will contribute to the maintenance of international peace and security

Cross–border tourism destination marketing: Prerequisites and critical success factors

Abstract Cross-border collaboration has become more valuable particularly for destinations that have had long-standing disputes in political relations but now seek peace. They are often forced to collaborate and develop economic and political bridges, developing friendships on the way. Although the industry has several cases of such collaboration in practice, this has been a neglected subject in academic studies. Therefore, this study explores the opportunities and benefits from a Turkey-Greece destination marketing collaboration. It seeks to identify catalysts for success through a range of potential instruments, organisations, solutions that remove possible barriers that may hinder a successful implementation. It also identifies the advantages of successful cross-border destination marketing such as being in close proximity in terms of history, culture, attractions and location. Finally, the paper discusses the ways to strengthen the competitiveness of both destinations as neighbouring countries. For instance, through their historical wealth and strategic location, both Greece and Turkey can obtain economic, social and political benefits from tourism that will also lead to peace making in the end. The study also provides implications for the practice and future research.

Health, life and rights: a discourse analysis of a hybrid abortion regime in Tanzania

BackgroundUnsafe abortion continues to be a major hazard for maternal health in Sub-Saharan Africa, where abortion remains highly controversial and access to safe abortion services is unequally distributed. Although national abortion laws are central in indicating women’s potential for accessing safe abortion services, the character of an abortion law may alone say little about national discursive abortion landscapes and access scenarios. The article calls for the study and problematization of the relationship between legal abortion frameworks on the one hand, and discourses surrounding abortion on the other, in an attempt to move closer to an understanding of the complexity of factors that influence knowledge about and access to safer abortion services. With the restrictive abortion law in Tanzania as a starting point, the paper explores the ways in which the major global abortion discourses manifest themselves in the country and indicate potential implications of a hybrid abortion regime.MethodsThe study combined a review of major legal and policy documents on abortion, a review of publications on abortion in Tanzanian newspapers between 2000 and 2015 (300 articles), and 23 semi-structured qualitative interviews with representatives from central institutions and organizations engaged in policy- or practical work related to reproductive health.ResultsTanzania’s abortion law is highly restrictive, but the discursive abortion landscape is diverse and is made manifest through legal- and policy documents and legal- and policy related disputes. The discourses were characterized by diverse frames of reference based in religion, public health and in human rights-based values, and as such reflect the major global discourses. Fairclough’s concepts interdiscursivity and recontextualization were drawn upon to develop an understanding of how the concepts health, rights and life emerge across the discourses, but are employed in contrasting lines of argumentation in struggles for hegemony and legitimacy.Discussion and conclusionsThe paper demonstrates that a hybrid discursive regime relating to abortion characterizes the legally restrictive abortion context of Tanzania. We argue that such a complex discursive landscape, which cuts across the restrictive - liberal divide, generates an environment that seems to open avenues for enhanced access to abortion related knowledge and services.

Establishment and the effectiveness analysis of a comprehensive management system for preventing and curing venous thromboembolism within hospital

Venous thromboembolism(VTE)is an important etiology for unexpected deaths and perioperative deaths of inpatients. Early diagnose and early prevention are main measures to reduce the incidence and mortality of VTE. Herein, we have established a comprehensive management system of VTE prevention, treatment and research. On one hand, we implemented the in-hospital VTE prevention management and improved the implementation status of VTE prevention and treatment. As a result, the number of diagnosed VTE cases and related medical disputes decreased by years. On the other hand, we have built up the VTE monitoring platform, providing useful statistical data for the clinical use of anticoagulants and further reducing the incidence of VTE. The VTE monitoring platform also revealed some significant differences of the VTE incidence between the medical patients and the surgical patients, which could provide reference for further revision of VTE guidelines. Key words: Venous thromboembolism; Management system; Multi-disciplinary team; Effectiveness

Preschoolers' possession-based disputes during indoor and outdoor play

ABSTRACT At present there is little evidence documenting children’s possession-based behaviours during play within preschool settings. This ethnographic study observed the same group of 12 children over a four-month period during sustained bouts of indoor and outdoor play. An event sampling approach was employed in order to identify episodes of possession-based disputes and ways through which children with or without the involvement of the adult negotiate and resolve them. The results captured (1) the total amount of possession-based disputes, episodes where practitioners (2) were involved in the play during disputes, (3) were successful in supporting children’s resolution of possession-based disputes, and finally, (4) disputes resolved through the first-possession heuristic. The findings show how children experience possession-based disputes in relation to the contextual factors of the environment and the role of the practitioner; underlying the broader socio-cultural implications of learning culturally relevant social skills and knowledge.