My thesis examines how metaphors of globalization shape the global governance of the Internet. I consider how, in a short span of time, discussions of the Internet’s globalizing potential have gone from the optimism of the global village to the penchant of the global marketplace to the anxiety of the global war on terror. Building upon Rorty’s theory of metaphors and Foucault’s notion of productive power, I investigate how the shifts in these prevailing metaphors have produced and legitimated different frameworks of global governance. In considering how these patterns of governance have been shaped in the context of a familiar example of globalization, I demonstrate that globalization has an important discursive dimension that works as a constitutive force – not only in Internet governance, but in global governance more generally. By illuminating globalization’s discursive dimensions, this thesis makes an original theoretical contribution to the study of globalization and global governance. It demonstrates that globalization is more than a set of empirical flows: equally important, globalization exists as a set of discourses that reconstitute political legitimacy in more ‘global’ terms. This recasts the conventional understanding of global governance: rather than a response to the challenges posed by the empirical transcendence of territorial borders or the visible proliferation of non-state actors, the aims, institutions and policies of global governance are shaped and enabled by discourses of globalization, and evolve as these discourses change. In short, this thesis provides further insight into globalization’s transformations of state-based political order. It links these transformations to the discursive processes by which systems of global governance are produced and legitimated as sites of power and authority.

Internet intermediaries facilitate a wide range of conduct using services supplied over the layered architecture of modern communications networks. Members of this class include search engines, social networks, internet service providers, website operators, hosts, and payment gateways, which together exert a critical and growing influence upon national and global economies, governments and cultures. This research examines who should face legal responsibility when wrongdoers utilise these services tortiously to cause harm to others. It has three parts. Part 1 seeks to understand the nature of an intermediary and how its liability differs from the liability of primary defendants. It classifies intermediaries according to a new layered, functional taxonomy and argues that many instances of secondary liability in English private law reflect shared features and underlying policies, including optimal loss-avoidance and derivative liability premised on an assumption of responsibility. Part 2 analyses intermediaries’ monetary liability for secondary wrongdoing in two areas of English law: defamation and copyright. It traces the historical evolution of these doctrines at successive junctures in communications technology, before identifying and defending limits on that liability which derive from three main sources: (i) in-built limits contained in definitions of secondary wrongdoing; (ii) European safe harbours and general limits on remedies; and (iii) statutory defences and exceptions. Part 3 examines intermediaries’ non-monetary liability, in particular their obligations to disclose information about alleged primary wrongdoers and to cease facilitating wrongdoing where it is necessary and proportionate to do so. It proposes a new suite of non-facilitation remedies designed to restrict access to tortious internet materials, remove such materials from search engines, and reduce the profitability of wrongdoing. It concludes with several recommendations to improve the effectiveness and proportionality of remedies by reference to considerations of architecture, anonymity, efficient procedures, and fundamental rights.

This study aimed at identifying the socio-demographic and service related factors influencing intra uterine contraceptive device (IUD) utilization among family planning clients in Addis Ababa. With a quantitative, cross sectional descriptive design approach, data was collected using structured questionnaires administered by healthcare supervisors. A total of 366 family planning clients and 35 family planning service providers were interviewed. The findings indicated that the level of education, occupation, parity and fertility plan have significant (p<0.05) association with utilization of IUD. Healthcare service provider’s knowledge and skills for provision of intra uterine contraceptive device services were low. Community members lack awareness and knowledge of the benefit and side effects of the device. Therefore, community members need education to promote adherence and effective use of IUD. Similarly, healthcare service providers need skill training and education to ensure quality provision of IUD service / Health Studies / M.A. (Public Health)

Protection of consumers - customers against the insolvency of tour operators - in EU law This thesis examines the legal regulation of consumer protection in the cases of the bankruptcy of travel agencies. In the event of the insolvency of a travel agency, a problem arises as to who will ensure that the consumers are repatriated from summer resorts and their expenses for the unperformed travel services are reimbursed. This issue was first dealt with by Directive No. 90/314 on package travel. The Directive 90/314 will be analyzed in the second chapter of this paper. The Directive leaves a large margin of discretion for national legislators as to how they achieve the required consumer protection standard. However, the EU Member States must ensure that consumers recover the entire loss they have incurred due to the failure of tour operators to provide services. The Member States have come up with a number of implementation solutions - e.g. insurance of the guarantee for the case of insolvency, bank guarantee or guarantee fund of the travel operators. This implementation into national legal systems is described in the third chapter of this thesis. That chapter further introduces the Czech implementation affected in Act No. 159/1999 Coll. This Act has opted for insurance of travel agencies as the means...

Submitted by Marlene Aparecida de Souza Cardozo (mcardozo@pucsp.br) on 2018-08-27T13:02:40Z No. of bitstreams: 1 Rafael Pinheiro Rotundo.pdf: 1597987 bytes, checksum: 7b8b65232863955c234a658ad3b688de (MD5) / Made available in DSpace on 2018-08-27T13:02:40Z (GMT). No. of bitstreams: 1 Rafael Pinheiro Rotundo.pdf: 1597987 bytes, checksum: 7b8b65232863955c234a658ad3b688de (MD5) Previous issue date: 2018-02-23 / The technological advancement provided by the global computer network has revolutionized human activities, communications have become easier, territorial boundaries between countries do not exist in the virtual world, and trade has been driven on a global scale. In this revolutionary network context, problems of high complexity arise that threaten the safety of users and the system itself. The lack of control and anonymity created a false impression that the internet would be an environment without rules, in which the wrong would not be grieved. In this context, civil liability for damages on the Internet is a subject that the law can’t refrain from dealing with, since its dynamism must be careful to protect and protect any offense that causes imbalance. At a first moment the work will address the characteristics of the information society, how the interpersonal relationships were affected by the digital age, and then to address the technical issues of the Internet, its operation, what services are available, its operators and other agencies. In a second moment, it will be approached to the civil responsibility of its evolution in counterpart to the society of the information, developing its study, as well as the elements that integrate it, with the action or omission, damage and causal link. Therefore its repercussions before entering the legal world of the Internet Civil Law, Law 12.965/2014, its interpretation by the STJ and the treatment of the subject in other countries / O avanço tecnológico proporcionado pela rede mundial de computadores revolucionou as atividades desenvolvidas pelo ser humano; as comunicações tornaram-se mais fáceis, as fronteiras territoriais entre os países desapareceram no mundo virtual e o comércio foi impulsionado em escala global. Neste contexto revolucionário de rede, surgiram problemas de alta complexidade que ameaçam a segurança dos usuários e do próprio sistema. A ausência de controle e o anonimato fizeram crescer uma falsa impressão de que a internet seria um ambiente sem regras, em que o ilícito não seria apenado. Nesse contexto, a responsabilidade civil pelo dano na internet é um tema sobre o qual o Direito não pode se abster, pois seu dinamismo deve ficar atento para proteger e resguardar qualquer ofensa que cause desequilíbrio. Em um primeiro momento a pesquisa abordará as características da sociedade de informação, a maneira como os relacionamentos interpessoais foram afetados pela era digital para, em seguida, abordar as questões técnicas da internet, seu funcionamento, serviços disponíveis, operadores e demais órgãos de atuação. Em um segundo momento será abordada a responsabilidade civil tendo em vista sua evolução em contrapartida à sociedade da informação. Serão estudados os elementos que a integram, a ação ou omissão, o dano e o nexo de causalidade. Por conseguinte, e ao final, suas repercussões ante o ingresso no mundo jurídico da Lei n.12.965/14, conhecida como Marco Civil da Internet, sua interpretação pelo Superior Tribunal de Justiça e o tratamento dedicado ao tema por outros países

Barriers to reaching human immunodeficiency virus (HIV) testing prevent Canada from achieving The Joint United Nations Programme on HIV and AIDS (UNAIDS) target of 90 percent of undiagnosed people living with HIV knowing their HIV status by 2020 and receive treatment.(1) Fourteen percent (9,090 of 63,100) of Canadians living with HIV were unaware of their status by the end of 2016.(1)(p.9)Individuals exposed to HIV through heterosexual contact are overrepresented (28%) among the undiagnosed people living with HIV in Canada compared to other groups, such as men who have sex with men (18%) and people who inject drugs (20%).(2)(par.15)The reasons preventing this population to present themselves for testing in Ottawa, Ontario, remain poorly understood in the literature. Most of the literature on barriers to accessing HIV testing focuses on the traditional key groups who are likely to test, and limits analysis of these barriers on one or two levels. Equally, health service providers rarely understand challenges behind HIV testing for particularly young heterosexual African migrant men. These challenges may be contributing key barriers to HIV testing. On other hand, late presentation to treatment remains a global issue. Psychosocial outcomes especially after a new positive diagnosis can delay reaching early treatment and prevention services. Indeed, all test results negative or positive have consequences. Even those with a new negative test can return to risk taking behaviour if they delay accessing prevention education. Yet no systematic study exists in this area essential for quality improvement. Programming more equitable HIV testing services will require more comprehensive evidence about challenges and barriers behind accessing HIV testing and treatment to achieve UNAIDS target of 90 percent of undiagnosed people living with HIV knowing their status and receive treatment. This research aimed to contribute to this evidence through two phases. Phase 1 used the Joanna Briggs Institute methods to implement a scoping review on psychosocial outcomes and their measurements immediately following a new HIV diagnosis. This review considered all participants who tested for HIV – whether their results were positive or negative, as any test results have consequences, and regardless of age, sex, or setting – reported in published articles between 2007 -to the present date. Paper 1 presents the scoping review. Phase 2 relied on a qualitative methodology using Grounded Theory informed by a socio-ecological framework and a framework of access to healthcare to understand experiences of accessing HIV testing services in two parts: 1) to examine barriers to reaching HIV testing among young heterosexual African migrants, focusing on young men, in Ottawa (Paper 2); and 2) to identify challenges experienced by health service providers who make accessible HIV testing services to this population in Ottawa (Paper 3). There is some ambiguity in the use of the terms “first generation immigrants” and “second generation immigrants” (or children of first immigrants). In this study, the term migrants referred to both. Selecting participants from both groups (first and second generation) was important to include a wide variety of experiences and interpretations that reflect the study population. Furthermore, the term “health service providers” was used to refer to both healthcare providers and frontline service providers. Healthcare providers referred to those who conduct HIV testing in health facilities, whereas frontline service providers referred to those who provide care and support services needed by members in their communities before and after testing within AIDS organizations and community-based organizations.

published_or_final_version / Politics and Public Administration / Master / Master of Public Administration

My thesis examines how metaphors of globalization shape the global governance of the Internet. I consider how, in a short span of time, discussions of the Internet’s globalizing potential have gone from the optimism of the global village to the penchant of the global marketplace to the anxiety of the global war on terror. Building upon Rorty’s theory of metaphors and Foucault’s notion of productive power, I investigate how the shifts in these prevailing metaphors have produced and legitimated different frameworks of global governance. In considering how these patterns of governance have been shaped in the context of a familiar example of globalization, I demonstrate that globalization has an important discursive dimension that works as a constitutive force – not only in Internet governance, but in global governance more generally. By illuminating globalization’s discursive dimensions, this thesis makes an original theoretical contribution to the study of globalization and global governance. It demonstrates that globalization is more than a set of empirical flows: equally important, globalization exists as a set of discourses that reconstitute political legitimacy in more ‘global’ terms. This recasts the conventional understanding of global governance: rather than a response to the challenges posed by the empirical transcendence of territorial borders or the visible proliferation of non-state actors, the aims, institutions and policies of global governance are shaped and enabled by discourses of globalization, and evolve as these discourses change. In short, this thesis provides further insight into globalization’s transformations of state-based political order. It links these transformations to the discursive processes by which systems of global governance are produced and legitimated as sites of power and authority.

Il existe une distinction entre les civils et les membres des forces armées. Cette distinction est implicitement la question de fond de cette étude sur la détermination du statut juridique des salariés des sociétés militaires privées (SMP) participant aux conflits armés. Par ailleurs, la défense et la sécurité de l'État sont assurées par divers acteurs de statuts différents qui ont des rôles bien définis par un cadre juridique : les civils et les membres des forces armées. La distinction sus-évoquée ne se limite pas là, mais elle concerne aussi les seuls membres des forces armées car il existe une distinction interne et une autre externe. Tous les membres des forces armées n'ont pas droit au statut de combattant. En revanche, la négation du statut de combattant à certains militaires n'est que relative et elle n'influence pas leur droit au statut de prisonnier de guerre. Ces militaires sont différents des personnes employées en dehors des forces armées et mandatées par leur employeur pour fournir des prestations auprès des armées sur un théâtre d'opérations. Cette utilisation soulève plusieurs questions en DIH. Les SMP fournissent des prestations qui vont de la logistique à la participation directe aux hostilités. Cette participation directe ou indirecte aux hostilités débouche sur une « hémorragie de langage » pour qualifier les salariés des SMP de mercenaires, de nouveaux mercenaires, de « security contractors », des soldats à vendre, des combattants irréguliers, etc. Ainsi, les salariés de ces sociétés exercent-ils une activité de mercenariat ? Leurs sociétés-employeurs constituent-elles des sociétés de secours ? ... / A distinction is made between civilians and military personnel. This distinction is implicit in the substantive issue of this study on determining the legal status of employees of private military companies (PMCs) involved in armed conflicts. Moreover, the defense and State security are provided by various actors of different statuses that have defined roles for a legal framework. Civilians and members of the armed forces are indeed links in this chain. The distinction mentioned over is not confined there, but it is also about the only members of the armed forces because there is a distinction between internal and one external. All members of the armed forces are not entitled to combatant status. However, the denial of combatant status to certain military is only relative and does not affect their right to prisoner of war status. These soldiers are different from those employed outside the armed forces and mandated by their employer to provide benefits to the armies in a theater of operations. This use raises several issues in IHL. PMCs provide services that go from logistics to direct participation in hostilities. This direct or indirect participation in hostilities leads to a “hemorrhage of language” to describe employees of PMCs as mercenaries, new mercenaries, defense and security contractors, soldiers for sale, irregular combatants, etc. Thus, the employees of these companies undertake specific activities of mercenaries? Their companies-employers do they constitute relief societies ? Are they combatants, noncombatants or irregular combatants ? This is so prompt questions that this thesis attempts to answer.

Improving the implementation of family planning through integration with HIV services is vital to reduce maternal and child morbidity and mortality that has been a concern especially in developing countries like Ethiopia (UNFPA 2016). The aim of this study was to develop a strategic plan that could facilitate the implementation of an integrated family planning and HIV services at the public health centre level. The researcher utilized an explanatory sequential mixed method design with quantitative data collected in the first phase and qualitative data collected in the second phase. Data were collected from 403 clients in face-to-face structured interviews and from 305 service providers by means of a self-administered questionnaire. Descriptive analysis was applied to describe the findings of the study. Significance testing between variables was computed by odds ratio, p-value and 95% confidence interval. Bivariate and multi-variate logistic regressions were used for the analysis. In Phase 1, awareness of family planning methods, male involvement, marital status, client satisfaction, family income, waiting time, training, awareness of policies/guideline and transport availability were statistically significant challenges identified by clients and service providers. The client and service provider respondents identified previous use of family planning, men’s involvement, client satisfaction, availability of behavioural change communication materials, accessibility, budget, infrastructure and medical resources as opportunities. In phase 2, the researcher utilized the nominal group technique (NGT) to collect qualitative data from programme officers. Twenty-four programme officers from 10 sub city health offices, city and national level participated in two nominal groups, consisting of 12 participants each. Multiple group analysis was used to analyse the data from the nominal groups. The five strategies ranked as the most important were leadership and management; capacity building; implementation of policies and guidelines; advocacy/awareness, and infrastructure. The findings in phase 1 and phase 2 formed the basis for the development of a strategic plan using the process planning model. The strategic plan was developed and validated with the active participation and involvement of programme officers. The plan is intended to be implemented by service providers and programme officers to facilitate the implementation of integrated family planning and HIV services at the public health centre level. / Health Studies / D. Litt et. Phil. (Health Studies)