Right to nomination in Colombia, legal representatives, and termination of power in the general procedural code

This article covers the theoretical concept of the right to nomination in Colombia detailing its many exceptions where direct intervention is authorized both legally and constitutionally. After having explained the legal actions, various hypothesis, and controversies that, in turn, constitute exceptions, the General Code of Procedure's framework and the many vicissitudes of the physical appearance, along with proposals in such regard, are shown without forgetting, on the other hand, the statutes by which powers of attorney are to be produced during the current time (COVID-19). In this sense, after an adequate analysis, the theoretical reach, as well as the mechanism of action of the revocation of the power of attorney and its renunciation (causes for termination) are laid out. Among the latter, the death of the lawyer representing his or her client and two kinds of legal incompetence known as: «sudden incompetence» (fortuitous) and «original incompetence» (by nature), which do not constitute cause for procedural nullity. The methodology by which this article was written had the very intention of analyzing the statutes set forth before and after the 1991 Constitution, and before and after the doctrine (jurists) and case law;statutes in which comments, critics, and propositions are observed due to the existing "symbiosis” between Procedural Law and Positive Law. © 2022, Universidad Pontificia Bolivariana. All rights reserved.

Empirical Evolution of the WTO Security Exceptions Clause and China's Discourse

Influenced in recent years by multiple factors in recent years, such as antiglobalization, the return of the state and the major public health crisis caused by the COVID-19 pandemic, the international community has entered a nontraditional security era. In the name of protecting nontraditional security, many countries have actively and frequently adopted abnormal regulatory measures and have attempted to seek exemptions from obligations through article XXI of the GATT or article 73 of the TRIPS (Security Exceptions). A series of economic and trade mega-agreements, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the U.S.-Mexico-Canada Agreement, the EU-Japan Economic Partnership Agreement (USMCA), the Investment Cooperation and Facilitation Treaty between the Federative Republic of Brazil and the Republic of India (Brazil-India BIT), and the Regional Comprehensive Economic Partnership (RCEP), that have been concluded since 2018 cover more nontraditional security in their security exceptions clauses or essential security interests clauses, possibly leading to more countries expanding the interpretation and application of the security exceptions clause in future practice. The circular promotion of the security exceptions clause in its evolution and textual development may break the overall balance of existing WTO rules and exacerbate further imbalances. This chapter specifically studies the interpretation and logical evolution of security exceptions clauses in the DS512 and DS567, providing an empirical basis for the justification of disputed measures through the invocation of article XXI of the GATT. It is recommended that under the guidance of an overall national security concept, China should consider its national conditions, taking both its present and its long-term interests into account. Regarding China's security laws, policies and practices, it is recommended that the double-edged sword function of the security exceptions clause should be focused on foreign contrasts. That is, the security exceptions clause should be regarded as a defensive clause in terms of its position and content design and should be invoked under a high level of self-restraint in dispute settlement to avoid excessive strengthening or even alienation of national security during execution and to provide institutional support for a more balanced Chinese discourse in the establishment of a new generation of international economic rules. © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2023.

JAE, 2022: Report of the Editor‐in‐Chief

Submissions to the Journal have stabilised since the Covid‐related surge in 2020, and continue their strong international pattern. Our response times continue to meet or exceed our targets, with a few regrettable exceptions, for which our sincere apologies. The JAE's citation impact factor increased again in 2021 to 4.16, a modest increase from the 2020 score. Our total 2‐year citations, however, show a worrying decline since last year. Our sincere thanks are due to our authors and our many reviewers for their contributions. Wiley continue to provide a strong publishing platform with our full archive, generating continuing growth in downloads.

Reevaluating the risk minimization utility of Islamic stocks and bonds (Sukuk) in international financial markets

We examine the risk minimization utility of Islamic stock and Sukuk (bond) indices by studying their linkages against traditional global counterparts. We first employ an asymmetric power ARCH-based ADCC model on an extended dataset employed by Kenourgios et al. (2016). Our sample ranges from July 2007 to June 2021 covering the Global Financial Crisis (GFC), the European Sovereign Debt Crisis (ESDC), and the COVID-19 pandemic. Econometric tests suggest strong evidence of coupling in the bulk of Islamic equity indices. A handful of emerging market indices constitute exceptions. Qualitatively similar results emerge from time–frequency analysis via wavelet tools, revealing pervasive coupling in both returns and volatility series. The linkages are scale-dependent in only a few pairs. In contrast, Sukuk indices are uncoupled from their global fixed income counterparts and relevant risky debt portfolios. In sum, the risk-return characteristics of Islamic equities (especially in developed economies) remain coupled to major global benchmarks and therefore are unlikely to appeal as safe haven candidates. The converse applies to Sukuk, which promises potential portfolio diversification benefits and safe haven status in ‘normal' and crisis periods.

Risk hedging properties of infrastructure: a quantile regression approach

PurposeThis paper aims to examine the hedge, diversifier and safe haven properties of the global listed infrastructure sector and subsector indices against two traditional asset classes, stocks and bonds, and four alternative asset classes, including commodities, real estate, private equity and hedge funds during extreme negative stock market movements.Design/methodology/approachUsing dynamic conditional correlation and quantile regression, the authors analyze a data set of 12 indices comprising listed infrastructure and traditional asset classes from 2010 to 2019.FindingsOverall, the findings indicate that listed infrastructure acts as an effective diversifier but not as a strong safe haven or hedge when considered in a multiasset context. With minor exceptions, listed infrastructure cannot be concluded as a safe haven against other asset classes under investigation.Practical implicationsThe present study has implications for institutional investors looking to incorporate infrastructure in their multiasset portfolios for increased portfolio diversification benefits.Originality/valueDespite the increased influence of infrastructure as an asset class, to the best of the authors' knowledge, this is the first study to investigate the hedge, safe haven and diversifying properties of infrastructure in a multi-asset context.

3D Printing, Intellectual Property Rights and Medical Emergencies: In Search of New Flexibilities.

The COVID-19 pandemic has exponentially accelerated the use of 3D printing (3DP) technologies in healthcare. Surprisingly, though, we have seen hardly any public intellectual property right (IPR) disputes concerning the 3D-printed medical equipment produced to cope with this crisis. Yet it can be assumed that a great variety of IPRs could potentially have been enforced against the use of various items of equipment printed out without express consent from IP holders. Many reasons might have motivated IP owners not to enforce their rights during the pandemic, such as the fear of acquiring a bad reputation during a declared situation of national emergency. There is no internationally recognised general exception to IPR enforcement for health emergencies, while several - sometimes ineffective - tools, like compulsory licensing, voluntary licensing arrangements and potential TRIPS waivers, have been considered or used to facilitate access to and the distribution of innovations in critical situations. During the COVID-19 emergency, this has meant that the 3DP community has been operating in a state of relative uncertainty including with regard to the risks of IP infringement. This study contextualises these issues for pandemic-relevant 3DP. Building upon experience gathered during the COVID-19 pandemic, we look to the future to see what novel mechanisms within the IPR system could provide the additional flexibility required for dealing more smoothly, with the help and support of digital technologies, with situations such as global health emergencies.

COVID-19: The Dynamics of Quality of Life (QOL) and Artificial Intelligence (AI)

The objective of the study is to conduct an exploratory review of the COVID-19 pandemic by focusing on the theme of COVID-19 pandemic morbidity and mortality considering the dynamics of Artificial Intelligence and Quality of life (QOL). The methods used in this research paper include a review of literature, anecdotal evidence, and reports on the morbidity of COVID-19, including the scope of its devastating effects in different countries such as the US, Africa, UK, China, and Brazil, among others. The findings of this study suggested that the devastating effects of the Coronavirus are felt across different vulnerable populations. These include the elderly, front-line workers, marginalised communities, visible minorities, and more. The challenge in Africa is especially daunting because of inadequate infrastructure, financial, and human resources, among others. Besides, AI technology is being successfully used by scientists to enhance the development process of vaccines and drugs. However, its usage in other stages of the pandemic has not been adequately explored. Ultimately, it has been concluded that the effects of the COVID-19 are producing unprecedented and catastrophic outcomes in many countries. With a few exceptions, the common and current intervention approach is driven by many factors, including the compilation of relevant reliable and compelling data sets. On a positive note, the compelling trailblazing and catalytic contributions of AI towards the rapid discovery of COVID-19 vaccines are a good indication of future technological innovations and their effectiveness.

Can older workers be retrained? Canadian evidence from worker-firm linked data

Our empirical analysis is based on Statistics Canada’s worker-firm matched data set, the 2003 Workplace and Employee Survey (WES). The sample size is substantial: about 4,000 workers over the age of 50 and 12,000 between the ages of 25 and 49. Training was a focus of the survey, which offers a wealth of worker-related and firm-related training variables. We found that the mean probability of receiving training was 9.3 percentage points higher for younger workers than for older ones. Almost half of the gap is explained by older workers having fewer training-associated characteristics (personal, employment, workplace, human resource practices and occupation/industry/region), and slightly more than half by them having a lower propensity to receive training, this being the gap that remained after we controlled for differences in training-associated characteristics. Their lower propensity to receive training likely reflects the higher opportunity cost of lost wages during the time spent in training, possible higher psychological costs and lower expected benefits due to their shorter remaining work-life and lower productivity gains from training, as discussed in the literature. The lower propensity of older workers to receive training tended to prevail across 54 different training measures, with notable exceptions discussed in detail. We found that older workers can be trained, but their training should be redesigned in several ways: by making instruction slower and self-paced;by assigning hands-on practical exercises;by providing modular training components to be taken in stages;by familiarizing the trainees with new equipment;and by minimizing required reading and amount of material covered. The concept of “one-size-fits- all” does not apply to the design and implementation of training programs for older workers.Alternate :Notre analyse empirique est fondée sur l’ensemble des données appariées entre les travailleurs et les entreprises de Statistique Canada, le Workplace and Employee Survey (WES) de 2003. La taille de l’échantillon est importante, environ 4 000 travailleurs de plus de 50 ans et 12 000 qui ont entre 25 et 49 ans. Cette enquête est centrée sur la formation, de sorte qu’elle comporte une multitude de variables sur ce sujet tant pour les travailleurs que pour les entreprises. Notre analyse économétrique a révélé que la probabilité moyenne de recevoir une formation était de 9,3 points de pourcentage plus élevée chez les jeunes que chez les travailleurs plus âgés. Près de la moitié de cet écart peut être attribué au fait que les travailleurs âgés ont moins de caractéristiques associées à la réception de la formation (c’est-à-dire caractéristiques personnelles, d’emploi, du milieu de travail, des pratiques en matière de ressources humaines et de la profession/industrie/région). D’autre part, un peu plus de la moitié de l’écart est attribué au fait qu’ils ont moins tendance à recevoir des formations après avoir pris en compte leurs caractéristiques. Cela reflète probablement un coût d’opportunité plus élevé des salaires perdus pendant la formation et des coûts psychiques possiblement plus élevés pour les travailleurs plus âgés. Comme le révèle la littérature, cela reflète aussi le fait qu’il y a moins d’avantages à former les personnes plus âgées en raison de leur horizon de vie professionnelle plus court et des gains de productivité plus faibles associés à la formation. La faible tendance des travailleurs âgés à recevoir une formation s’exprime dans 54 mesures de la formation, avec quelques exceptions notables. Nous constatons que les travailleurs âgés peuvent être formés, mais cela nécessite une formation conçue pour répondre aux besoins des travailleurs âgés. Ces caractéristiques comprennent une instruction plus lente et auto-rythmée, des exercices pratiques, des composants de formation modulaires qui se construisent par étapes, les familiariser avec de nouveaux équipements et minimiser la lecture requise et la quantité de matériel couvert. Le concept d’uniformité ne s’applique pas à la conception et à la mise en oeuvre de formations pour les travailleurs âgés.

LA DIRECTIVA INICIAL MILITAR 5/2020, DE 16 DE MARZO, EN EL MARCO DEL DERECHO DE EXCEPCIÓN

El 14 de marzo de 2020, en el contexto de la crisis sanitaria originada por la pandemia de covid-19, el Gobierno aprobó un estado de alarma, mediante un Real Decreto que posteriormente sería declarado parcialmente inconstitucional, delegando en las Fuerzas Armadas una serie de competencias para la gestión de la situación de emergencia nacional, que serían eficazmente ejecutadas en base al Derecho Operativo Militar. La gestión de esta primera fase de la pandemia, en la que se puso en entredicho la capacidad de reacción de los Estados bajo situaciones excepcionales de crisis sanitaria, demostró sin embargo que el ordenamiento castrense era un instrumento jurídico válido, ajustado a las exigencias legales y constitucionales que presiden el Derecho de Excepción, para hacer frente a aquellos problemas.Alternate :On March 14, 2020, in the context of the health crisis caused by the covid-19 pandemic, the Government approved a state of alarm, by means of a Royal Decree that would later be declared partially unconstitutional, delegating to the Armed Forces a series of competences for the management of the national emergency situation, which would be effectively executed on the basis of the Military Operational Right. The management of this first phase of the pandemic, in which the reaction capacity of the States under exceptional situations of health crisis was questioned, demonstrated however that the military order was a valid legal instrument, adjusted to the legal and constitutional requirements that preside over the Right of Exception to face those problems.

Patent law and 3D printing applications in response to COVID-19: Exceptions to inventor rights.

Three-dimensional (3D) printing technology offers promise in relation to much-needed health technologies associated with COVID-19. Additive manufacturing, which allows the rapid conversion of information from digital 3D models into physical objects, is uniquely well-positioned to address the shortage of critical medical devices by enabling the fabrication and repair of medical devices in a timely and cost-effective manner. This paper examines the issue of patent rights being at odds with access to critical 3D printable health technologies during COVID-19 crisis. It undertakes an in-depth analysis of the right to repair and calls for a clearer recognition of the right to repair exemption at the global level. It also evaluates the private and noncommercial use exception and proposes the use of a reasonably broad form of this exception to make it practically significant. It also considers the experimental use exception and calls upon World Trade Organization Member States to provide legislative clarity that a defense of an experimental use extends to repairs. This study is crucial because access to necessary health technologies, in a pandemic context, is a matter of life and death for millions of patients around the globe, especially for underprivileged patients in resource-constrained countries.

Equity, International Cooperation, and Global Public Health: Use of the Common but Differentiated Responsibilities Principle in the Fight against COVID-19

During pandemics, in which harm is universal, states find themselves under an obligation to cooperate within a global solidarity framework. However, because they do not have the same set of capabilities, their obligations should be differentiated and based on equity and distributive justice. As an effective tool of States' foreign policy, health diplomacy is being used by developing countries according to different priorities and interests. After a few months of relative calm, COVID-19 still poses a major challenge for African and Middle Eastern economies and societies where the vaccination rates are low across the board with healthcare systems in poor shape. If some Gulf countries can be considered exceptions due to active lockdowns, mobility restrictions, and considerable testing, their engagement abroad to help contain the pandemic, especially in North Africa, shows that, if the spirit of cooperation and justice is well taken care of at the regional level, this is not the case at the international level, where global health cooperation would clearly benefit from the application of a type of differentiated treatment such as the one provided by the Common but Differentiated Responsibilities (CBDR) principle.

Copyright and Digital Teaching Exceptions in the EU: Legislative Developments and Implementation Models of Art. 5 CDSM Directive.

Article 5 of the 2019 EU Directive on Copyright in the Digital Single Market (CDSM) attempted to modernize the regime of copyright exceptions and limitations related to teaching activities. Its aim is to enhance the flexibility behind permitted uses to the benefit of educational institutions regarding their digital and cross-border teaching. The pressing need for such a legislative reform was confirmed by the outbreak of the COVID-19 pandemic, which dramatically moved teaching environments to online platforms. This paper dissects Art. 5 CDSM Directive unveiling three layers of analysis. First, the substance, logic, and promises of the new provision are introduced. Second, it identifies diverging national implementation models, developing a comparative study of the Hungarian, German, and Italian experiences. Third, drawing from the comparative study, the paper provides fundamental guidance in understanding whether Art. 5 CDSM Directive can be considered an evolution or, rather, a devolution of the copyright teaching exceptions in Europe. Focusing on the systematic concerns arising from the new provision, its embedded limits, and the strategic uses of the licensing carve-out, we conclude that the EU legislature has only partially achieved the goal of striking a more European, modern, and sustainable balance between copyright protection and the right to education in the digital environment.

Guest editorial: Contemporary managerial issues in the nursing sector

Despite the clear importance of nurses for a healthy community and economy, the nursing sector has been almost entirely ignored in the organizational behavior (OB) and human resource management (HRM) research literature (Harms, 2021) with a few notable exceptions (e.g. Hepburn and Enns, 2013;Koopman et al., 2019;Russo and Buonocore, 2012;Russo et al., 2015;Woolnough et al., 2019;Wu et al., 2019). The goal of this special issue was to highlight the importance of nursing as a critical profession, to provide a forum for work that demonstrates how organizational and nursing scholars might productively integrate their literature, and to shed light on new methods and ideas that might facilitate a better understanding of the nursing profession. [...]Lowman and Harms (2022) offer a broad overview of the state of the nursing profession from an OB and HRM perspective.

Counterterrorism, sanctions and financial access challenges: Course corrections to safeguard humanitarian action

This article provides an overview of the impact of United Nations (UN) sanctions and counterterrorism (CT) measures on humanitarian action. The mandatory requirements of UN Security Council Resolutions 1267 and 1373 on member States to prohibit the provision of “funds, financial assets or economic resources” to terrorists complicates the work of humanitarian actors delivering assistance in areas where groups designated under the 1267 regime control territory. After explaining the impact of sanctions and CT measures on humanitarian actors, the article explores three primary sets of challenges encountered by such actors: (1) lack of clarity and adequate legal protection for carrying out humanitarian activities in countries subject to sanctions or areas in which designated entities operate;(2) financial access difficulties or de-risking by financial institutions limiting the ability of non-profit organizations (NPOs) to transfer funds to higher-risk jurisdictions due to banks’ risk aversion or fear of regulatory scrutiny of such transactions;and (3) conditions placed in funding contracts by donors effectively offloading CT and sanctions risks onto beneficiaries. The article analyzes experience with UN humanitarian carve-outs (exceptions as employed in the Somalia sanctions regime and case-by-case exemptions utilized in the North Korea regime), explaining why exceptions are the optimal solution for humanitarian actors. New data are presented indicating that the scope and scale of financial access difficulties experienced by NPOs have grown. Financial institutions, concerned about regulatory requirements to counter terrorism financing, are increasingly reluctant to provide banking services to NPOs working in highly sanctioned jurisdictions, and the resulting de-risking by banks results in significant problems for humanitarian organizations needing to move funds abroad. Additionally, contractual conditions related to CT and sanctions compliance are routinely employed by donors, resulting in an offloading of risk onto recipients without appropriate clarity and guidance from donors. Numerous initiatives in recent years have called attention to the challenges that humanitarians face: stakeholder dialogues, high-level meetings and other discussion fora promote broader understanding among participants and acknowledgement of the impacts that these polices have on humanitarian action. UN action to renew the 1267 regime's mandate and the consideration of a humanitarian carve-out in Afghanistan in the aftermath of the Taliban's takeover represent opportunities to reform sanctions in order to better protect humanitarian action. Recommendations are presented for each of the three sets of challenges, with an urgent call for the Security Council to embrace the opportunity for reform and more effectively balance the equally critical objectives of countering terrorism and safeguarding humanitarian action.

PROTECTING FOREIGN INVESTMENT AND PUBLIC HEALTH THROUGH ARBITRAL BALANCING AND TREATY DESIGN

This article analyses the fraught relationship between host States’ obligations under investment agreements and their regulatory powers in the field of public health. First, tribunals addressing the merits of health measures have exercised considerable deference to States under existing treaties. Second, the recent generation of treaties spells out health considerations to encourage respondents or tribunals to adopt broad interpretations of the right to regulate, general exceptions, or article-specific carve-outs. Clauses modelled on GATT exceptions may prove difficult to invoke due to the ‘necessity’ threshold. Finally, the Kyoto Protocol may serve as a model of incentivising private investment in the public health sector.

Healthcare Funding Policies for Reducing Fragmentation and Improving Health Outcomes

This policy paper examines potential roles of ‘funding policy’ to address yawning gaps in continuity of healthcare delivery and inequality in health outcomes across Canada. Funding policy is but one tool available to healthcare decision makers to affect the volume, type, timeliness and cost of healthcare services, products and devices provided to a country’s residents. Healthcare funding policies involve trade-offs and conflicts that may drive the ‘price’ of change to be too high. As Canada exits the COVID-related healthcare crises, the price of healthcare reform may be changing which may cause provinces and territories to consider new healthcare funding policies. The paper begins with a brief background outlining the utility of funding policies to affect the cost-efficiency, effectiveness and equity of healthcare delivered in provinces and territories. Two complementary policy options are proposed that show considerable promise to improve value from healthcare funding. The paper is written from the perspective of the role of the federal government and highlights possible strategies for the federal government to remove barriers to support funding policy reforms in provinces and territories. The federal government is not responsible, nor does it play a meaningful role, in developing, implementing or monitoring funding policy for healthcare organizations or individual providers. This role rests with the respective provinces and territories with the exceptions of federally-insured populations. Nonetheless, the federal government could show leadership in the domain of funding policy by removing provinces’ and territories’ barriers to policy reforms. To bridge the federal government’s strengths with provinces’ and territories’ barriers, a number of specific recommendations are offered to the federal government for its consideration. First, this policy paper recommends that substantive and meaningful funding policy reform should not consist of solely of paying organizations or people differently. There should be commensurate advancements in: national standards for new streams of data and reporting, organization-building and skills development, and robust risk adjustment. These barriers are not show-stoppers, and activities to remove many barriers are fairly straightforward. Second, the federal government could take a leadership role in immediately supporting episode-based payments. These activities could include national efforts to define episodes of care, link data, establish non-binding payment amounts, and publish health outcome performance measures. Third, deliberate federal leadership is needed to establish and grow new streams of data critical to measuring value – including patient-reported outcomes and non-insured health services, such as physiotherapies and mental health services. These activities will be ground-breaking in Canada from the perspective of measuring health and population outcomes. Fourth, the federal government could lead efforts to link social care data with healthcare data. The measurement and analyses of this data will create a roadmap for future interventions to improve population health. The policies proposed in this paper are based on the federal government ‘nudging’ provinces and territories to make changes in funding policy by removing barriers. The policies are incremental from an international perspective, though have important consequences for healthcare organizations and individual providers if they were to be implemented and transformational to healthcare performance were the policies proven to be successful in the long-term.

Exempting and justifying Covid-19 related export restrictions under WTO law

WTO Members have adopted various trade-related measures under their domestic laws in response to the outbreak of Covid-19. The article discusses ways to exempt or justify quantitative export restrictions or bans which are in principle prohibited by Article XI:1 GATT.To this end, it sheds a light on the different scopes and requirements of Article XI:2 (a), Article XX (b) and (j) GATT, as well as of Article XXI (b) (iii) GATT. The article finds that the GATT provides a solid legal framework for both the exemption and justification for Covid-19 related trade measures;additionally, it raises the question of whether Article XXI (b) (iii) GATT likewise provides an appropriate legal basis to justify Covid-19 related trade restrictions. © 2021 Kluwer Law International BV, The Netherlands.