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Temporary Protection (temporary + protection)
Selected AbstractsChina's new Enterprise Bankruptcy Law,A great leap forward, but just how far?INTERNATIONAL INSOLVENCY REVIEW, Issue 2 2010Emily Lee The closure of many small and medium enterprises (SMEs) following the global financial crisis of 2008 spurred the Chinese government to follow its international counterparts in issuing an economic stimulus package. While it was effective in preventing many financially distressed SMEs from failure by boosting demand for its businesses, in the long run, such SMEs should be rescued through a statutory regime, which affords them temporary protection from creditors and provides them an opportunity to restructure their businesses. In doing so, the premature liquidation of SMEs would be prevented and SMEs with viable businesses but in temporary financial difficulties would be given a chance to succeed again. Although China's new Enterprise Bankruptcy Law (EBL) has shortcomings, it improves upon its predecessor legislation and, since it is still at an infantile stage of development, is bound for further reform. Despite the EBL's success in bringing Chinese corporate bankruptcy laws in line with international standards, full compliance with the UNCITRAL Model Law on Cross-Border Insolvency and UNCITRAL Legislative Guide on Insolvency Law remains to be seen. In September 2008, the South China Morning Post newspaper reported that the number of (applications for) corporate reorganization and bankruptcy cases had dropped, "leading to widespread speculation there are problems in the law's practical application".1 This article examines the implementation of the EBL, critiques key aspects of the EBL and argues for a comprehensive assessment of the EBL and for bringing the EBL in full compliance with the international standards on cross-border insolvency. Copyright © 2010 John Wiley & Sons, Ltd. [source] Averting Forced Migration in Countries in TransitionINTERNATIONAL MIGRATION, Issue 3 2002Susan Martin Many countries of emigration are in transition from conflict to peace and from authoritarian to democratic governments. Addressing population movements from these countries requires more than economic opportunities; equally important is the establishment of the rule of law, respect for human rights, and, in countries recovering from conflict, reconstruction of destroyed infrastructure and housing. Otherwise, fragile peace and democratization processes can easily break down, creating new waves of forced migrants and hampering efforts towards repatriation and reintegration of already displaced populations. This background paper discusses the nature of forced migration, pointing out that the end of the Cold War has produced new pressures and new opportunities to address these flows. While extremism, particularly rampant nationalism, has provoked massive forced migration in many parts of the world, the changing geopolitical relations has also led to peace settlements in some countries and humanitarian intervention to reduce suffering in others. Addressing forced migration pressures in countries in transition requires comprehensive policy approaches. Four types of best practices are considered in this paper. First, mechanisms to ameliorate the causes of forced movements, including the role that expatriate communities can play in strengthening the rule of law and respect for human rights, particularly minority rights. Second, mechanisms that enhance refugee protection while minimizing abuses of asylum systems, including enhanced respect for the refugee convention, adoption of complementary forms of protection when the refugee convention does not apply, strengthened regional protection, and the establishment of in,country processing of refugee claims. Third, mechanisms to resolve the longer,term status of forced migrants, including decisions on when to cease refugee status and temporary protection and encourage/permit return or integration. Fourth, mechanisms for more effective repatriation when return is possible, particularly programs to help returnees reintegrate and communities reconstruct themselves. [source] Does pregnancy provide vaccine-like protection against rheumatoid arthritis?ARTHRITIS & RHEUMATISM, Issue 7 2010Katherine A. Guthrie Objective Previous studies have evaluated the correlation between rheumatoid arthritis (RA) risk and pregnancy history, with conflicting results. Fetal cells acquired during pregnancy provide a potential explanation for modulation of RA risk by pregnancy. The present study was undertaken to examine the effect of parity on RA risk. Methods We examined parity and RA risk using results from a population-based prospective study in Seattle, Washington and the surrounding area and compared women who were recently diagnosed as having RA (n = 310) with controls (n = 1,418). We also evaluated the distribution of parity in cases according to HLA genotype. Results We found a significant reduction of RA risk associated with parity (relative risk [RR] 0.61 [95% confidence interval 0.43,0.86], P = 0.005). RA risk reduction in parous women was strongest among those who were younger. Most striking was that RA risk reduction correlated with the time that had elapsed since the last time a woman had given birth. RA risk was lowest among women whose last birth occurred 1,5 years previously (RR 0.29), with risk reduction lessening progressively as the time since the last birth increased (for those 5,15 years since last birth, RR 0.51; for those >15 years, RR 0.76), compared with nulliparous women (P for trend = 0.007). No correlation was observed between RA risk and either age at the time a woman first gave birth or a woman's total number of births. Among cases with the highest genetic risk of RA (i.e., those with 2 copies of RA-associated HLA alleles), a significant underrepresentation of parous women versus nulliparous women was observed (P = 0.02). Conclusion In the present study, there was a significantly lower risk of RA in parous women that was strongly correlated with the time elapsed since a woman had last given birth. While the explanation for our findings is not known, HLA-disparate fetal microchimerism can persist many years after a birth and could confer temporary protection against RA. [source] Australian asylum policies: have they violated the right to health of asylum seekers?AUSTRALIAN AND NEW ZEALAND JOURNAL OF PUBLIC HEALTH, Issue 1 2009Vanessa Johnston Abstract Objectives: Notwithstanding recent migration policy amendments, there is concern that Australian asylum policies have disproportionately burdened the health and wellbeing of onshore asylum seekers. There may be a case to be made that Australian governments have been in violation of the right to health of this population. The objective of this paper is to critically examine these issues and assess the implications for public health practice. Methods:The author undertook a review of the recent empirical literature on the health effects of post-migration stressors arising from Australian policies of immigration detention, temporary protection and the restriction of Medicare to some asylum seekers. This evidence was examined within the context of Australia's international law obligations. Results: Findings reveal that Australian asylum policies of detention, temporary protection and the exclusion of some asylum seekers from Medicare rights have been associated with adverse mental health outcomes for this population. This is attributable to the impact of these policies on accessing health care and the underlying determinants of health for aslyum seekers. Conclusion: It is arguable that Australian Governments have been discriminating against asylum seekers by withholding access on the grounds of their migration status, to health care and to the core determinants of health in this context. In so doing, Australia may have been in violation of its obligation to respect the right to health of this population. Implications: While the ,right to health' framework has much to offer public health, it is an undervalued and poorly understood discipline. The author argues for more education, research and advocacy around the intersection between heath and human rights. [source] Between a Rock and a Hard Place: the Case of Papuan Asylum-SeekersAUSTRALIAN JOURNAL OF POLITICS AND HISTORY, Issue 4 2006David Palmer It is perilous to look to history to provide guidance for the present. Nonetheless the political controversy surrounding the granting of temporary protection to forty-two asylum-seekers from West Papua in March 2006 needs to be understood in its wider, historical context. Papua has been a pebble in the region's political shoe since 1949. And national considerations are not new in shaping Australian policy toward asylum-seekers. Certainly in the 1960s and 1970s Australia played a tactical, often tough game with Papuan asylum-seekers in order to contain tensions with Indonesia. This article analyses the history of Australia's foreign and immigration policies towards Papuan asylum-seekers and describes the delicate balancing act that successive Australian governments have needed to perform in handling this issue. [source] The Immunogenicity of the Tumor-Associated Antigen Lewisy May Be Suppressed by a Bifunctional Cross-Linker Required for Coupling to a Carrier ProteinCHEMISTRY - A EUROPEAN JOURNAL, Issue 14 2004Therese Buskas Dr. Abstract A Lewisy (Ley) tetrasaccharide modified by an artificial aminopropyl spacer was synthesized by a highly convergent approach that employed a levulinoyl ester and a 9-fluorenylmethoxycarbonate for temporary protection of the hydroxy groups and a trichloroethyloxycarbonyl as an amino protecting group. The artificial aminopropyl moiety was modified by a thioacetyl group, which allowed efficient conjugation to keyhole limpet hemocyanin (KLH) modified by electrophilic 4-(maleimidomethyl)cyclohexane-1-carboxylate (MI). Mice were immunized with the KLH,MI,Ley antigen. A detailed analysis of sera by ELISA established that a strong immunoglobulin G (IgG) antibody response was elicited against the linker region. The use of a smaller and more flexible 3-(bromoacetamido)propionate for the attachment of Ley to KLH not only reduced the IgG antibody response against the linker but also led to a significantly improved immune response against the Ley antigen. This study shows that highly antigenic linkers suppress antibody responses to weak antigens such as self-antigens. [source] |