Healthcare services, traditionally provided by the government in a welfare state, have become a tradable commodity in the era of globalisation. Indeed, globalisation has led to the creation of a new international healthcare market with increased participation of the private sector, assisted with enhanced mobility of health professionals, service providers and patients across borders. Soon after its inception, the 1995 General Agreement on Trade in Services (GATS) has come under fire from critics, especially for its broad scope and inclusion of basic services like healthcare, water or education that fulfil social objectives. In establishing a multilateral legal framework, GATS mandates progressive liberalisation of trade in services among the WTO members through successive rounds of negotiations. Since GATS applies to the measures by WTO Members affecting trade in services (whether taken at central, regional or local government level), inclusion of health services therein has raised concern regarding a government's ability to regulate health-related services. Availability and accessibility of healthcare services is crucial from the right to health perspective. The International Convention on Economic Social and Cultural Rights (ICESCR) obligates its Member States to respect, protect and realise progressively and to the maximum of its available resources 'the right to the highest attainable standard of health.' When a WTO Member is also a signatory to the ICESCR, the question arises whether the legislative framework regulating healthcare services under GATS conflicts with the said Member's obligation to respect, protect and fulfil the right to health. The present thesis attempts to answer this question through an analysis of GATS and the right to health norms within the framework of conflict of norms in international law. Although norm conflicts are generally assessed in terms of a legal relationship between a given State with another State, the present thesis focuses on a single State bound by both sets of rules where compliance with both obligations may/does lead to a legal, social or factual conflict.

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Thesis. 1976. M.S.--Massachusetts Institute of Technology. Dept. of Political Science. / Microfiche copy available in Archives and Dewey. / Includes bibliographical references. / M.S.

The purpose of this project is to develop a website that helps left handed students, their parents, and teachers to help left-handers, whether they are left-or-right-brain dominant, succeed. This website will be a tool to get to know their children and students better. The project consists of a paper and a website to educate about left-handed people.

This thesis undertakes a fresh inquiry into the status of the right to health care under international law, with a view to explaining how the right to health care has been variously interpreted. Previous studies into the right to health care have primarily focused on its philosophical basis, and while these studies have contributed significantly to the ethical debate on the existence of such a right, this thesis has as its foundation, the fact that there has been legal recognition of its existence in the form of its inclusion in international conventions and supporting documents, as well as, a in particular, domestic Constitutions and related Bills of Rights. It should be noted that this thesis will not examine in detail all documentation in which a right to health care in its various forms is mentioned. Rather a purposely selective examination has been instituted. / In respect to this selective examination, the process of selection was a deliberate one, specifically in relation to the case studies undertaken. The choice of countries to be of focus was based upon the different nature of the documentation in which the right to the health care could be said to be founded: Constitution, Charter or Bill of Rights, International Convention only, other legislative basis, or, as will be seen in the case of Tibet, International Convention but effectively in name only. In the opinion of the writer, this selection will provide a representative overview of the status of a right to health care in international law. The thesis is centrally concerned with the idea that the legal recognition of a socio-economic right, such as the right to health care, does not ensure that it is capable of enforcement. Rather, this thesis proposes that the legal recognition of a socio-economic right, specifically, a right to health care, has value, and can only claim validity from what the existence of the right can provide from a moral or ethical perspective. Further, this thesis proposes that the 'definability' - in other words, for justiciability' of socio-economic rights depends on their a right to be the subject of judicial scrutiny, it must be capable of sustaining a definition sufficient in substance to allow for judicial determination as to whether or not there has been a breach in its provision.

This Thesis examines the ideology, politics and organization of the Australian Extreme Right 1975-1995. Its central interpretative theme is the response of the Extreme Right to the development of the Australian State from a conservative Imperial structure into an American "anti-communist" client state, and ultimately into a liberal-internationalist machine which integrated Australia into a globalized capitalist order. The Extreme Right after 1975 differed from the various paramilitaries of the 1930's and the conservative anti-communist auxiliary organizations of the 1945-75 period. Post 1975, it lost its preoccupation with fighting the Left, and progressively grew as a challenger to liberal-internationalism. The abandonment of "White Australia" and consequent non-European immigration were the formative catalysts of a more diverse and complex Extreme Right. The Thesis uses a working definition of generic fascism as "palingenetic populist ultra-nationalism", to measure the degree of ideological and political radicalization achieved by the Extreme Right. This family of political ideas, independent of the State and mobilized beyond the limits of the former-period auxiliary conservatives, expressed itself in an array of organizational forms. The complexity of the Extreme Right can be demonstrated by using four typologies: Radical Nationalism, Neo-Nazism, Populist-Monarchism and Radical-Populism, each with specific points to make about social clienteles, geographical distribution, particular ideological heritages, and varied strategies and tactics. The Extreme Right could mobilize from different points of opportunity if political space became available. Inevitably a mutual delegitimization process between State and Extreme Right led to public inquiries and the emplacement of agencies and legislation to restrict the new radicalism. This was understandable since some Extreme Right groups employed violence or appeared to perform actions preparatory thereto. It also led to show-trials and para-State crime targeted against particular groups especially in the period 1988-91. Thereafter, Extreme Right organizations pursued strategies which led to electoral breakthroughs, both rural and urban as a style of Right-wing populist politics unfolded in the 1990's. It was in this period that the Extreme Right encouraged the co-optation by the State of the residual Left in the anti-racist fight. This seemed natural, as the Extreme Right's vocal references to popular democracy, national independence and the nativist heritage, had permitted it to occupy the Old Left's traditional ground. In that way too, it was "The Other Radicalism".

Celebrity sells. The right of publicity, broadly defined as the inherent right of every individual to control the commercial use of his or her identity, has been well-established in the United States (US) for over fifty years. It protects the associative value that one brings to products and services, and is invoked mainly by celebrities to prevent unauthorised commercial uses of their persona. / There is a wealth of legal literature in the US that discusses a broad range of issues from justifications for the right of publicity to its interaction with freedom of speech under the First Amendment. However, very few contributions have studied the connections between cultural practices and the right of publicity in depth. This dissertation draws on insights pertinent to aspects of right of publicity laws in its evaluation of how the cultural studies literature may contribute to doctrinal development. The usefulness of cultural studies in this inquiry rests in its examination of the roles and meanings of celebrities in contemporary society. / This thesis demonstrates how an appreciation of the production, circulation and consumption of the celebrity personality can be incorporated into an analytical framework. It argues that what we generally call ‘celebrity’ is a collective product of the celebrity individual, the audience and the cultural producers. Two exemplary insights are explored. The first insight on the definition of the contemporary celebrity based on well-knownness provides the impetus for the legal protection of the commercial value of identity. The second insight about the celebrity’s function as a cultural sign representing majoritarian ideals has important implications both for contemporary consumption and identity politics. It will be shown how these insights support the concepts of evocative identification, associative appropriation and political recoding, all contributing to a more nuanced understanding of three key elements of a typical publicity claim. As celebrities in other common law jurisdictions like the United Kingdom and Australia rely on the passing off action to seek redress for unauthorised commercial uses of their identity, the relevance of these concepts to passing off is also examined. / The findings indicate that insights from cultural studies on the celebrity phenomenon can support both an expansive interpretation of identification in a publicity claim and, at the same time, a more restrictive application of the requirement of commercial appropriation. The dissertation also demonstrates how treating ideological codings of the celebrity persona as political speech can influence the articulation of the First Amendment defence. In addition, these cultural insights have similar relevance to passing off laws, supporting a broad interpretation of goodwill and damage, and a standard of impressionistic association based on the notion of affective transfer as sufficient to constitute misleading conduct. / In conclusion, this dissertation establishes that, far from being merely a theoretical discipline concerned with semiotic codings and the politics of power and identity, cultural studies provides a pragmatic framework for judges, scholars and lawyers to further their understanding of the extra-legal issues relating to the laws protecting the commercial value of the celebrity personality.

The Republic of China¡¦s Legislative Yuan approved International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, and the Enforcement Act of the two international human right covenants on March 31 th , 2009. The President promulgated the Enforcement Act of the two international human right covenants on April 22 th , 2009, and ratified the two international human right covenants on May 14th, 2009. Subsequently, the President ordered the Executive branch to promptly formulate a complete set of relevant legislative framework to domesticate the two international human right covenants. Such move symbolizes that the government has taken a significant step forward on the human right issues. Presently, the government should comprehensively review all the laws, regulations, administrative ordinances, and administrative measures for the protection and deepening of human rights especially after the ratification of the two international human right covenants. Under the contemporary trend of embracing human rights, democratic states have incorporated alien into their national fundamental rights protection system. Within the scope of protection, aliens enjoy the same fundamental human rights as that of the country¡¦s nationals, and are equally protected under the constitution. However, aliens are different from nationals in certain regards. Therefore, on the issues of the suffrage, social welfare, and economic human rights, discrimination toward aliens are permissible under the two international human right covenants and the constitutions of each state. However, according to constitutional equal protection theory, discrimination on aliens could not be premised on prejudice, unless there is a legitimate purpose and reasonably distinguishable criteria. Under international human rights development in the 20th century, international norms likewise influence the rights enjoyed by aliens and the treatments to alien in a state, in addition to limits stipulated by constitution and the laws of the state. The research purpose of this thesis is to discuss if the rights enjoyed by aliens and the treatment of aliens in our state conform with the two international human right covenants and consistent with the equal protection principle under the ROC constitution. In addition to the category of alien, there is a distinct set of laws and regulations that apply to people from the Mainland, Hong Kong, and Macau in Republic of China (Taiwan). To appreciate a macro picture, the scope of the article will include aliens, people from the Mainland, Hong Kong, and Macau, and identify the legal status of each category of people in Republic of China (Taiwan). Based on the aforementioned research purpose, the thesis will firstly introduce the contents of the two international human right covenants and the constitutions of each state in order to understand the fundamental human rights that aliens enjoy. The thesis will also illustrate the discriminations permitted by the constitution of each state and the two international human right covenants, and refer to the legislative and judicial practice of each state, to analyze and identify reasonable discrimination criteria and judicial review standards for aliens in each state. Based upon the above criteria, the article will proceed to survey and discuss the relevant applicable regulations to aliens, people from the Mainland, Hong Kong, and Macau in Republic of China (Taiwan), and also review the multi-track legislative model. I will explore the existing norms and describe their inconsistencies with the two international human right covenants or their violations of the equal protection principle under the Constitution, and make recommendations for the legislators to amend the relevant legislations accordingly.

This study intends to explore if ¡§right to education¡¨ is guaranteed by the Constitution in our country and, furthermore, tries to construct a new theoretical framework for clarifying the function and scope of protection of ¡§right of education¡¨. This paper reviews various theories with regard to ¡§right to education¡¨ and finds a great diversity on this issue. According to the author, such a variety occurred because two characteristics of clause of fundamental rights--statutorization and openness-- have rarely been emphasized in discussing ¡§right to education¡¨. Therefore, this paper tries to develop a new theory based upon the ¡§scope of constitutional protection¡¨. The ¡§scope of constitutional protection¡¨ should accord with the scope of people¡¦s life. This concept leads to a new theory regarding interpretation method¡X¡§system¡¨ and ¡§systematic fallacy¡¨. Based upon the new theoretical framework, this paper criticizes the Judicial Yuan Interpretation No. 563 as defective in interpretational logic and interpretation method.

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