Deciding about life-support: a perspective on the ethical and legal framework in the United Kingdom and Australia

This article is concerned with the legal right of health service providers to decide whether to provide life-prolonging treatment to patients. In particular, an examination of recent decisions by the English Court of Appeal in R (Burke) v General Medical Council (Official Solicitor and Others Intervening) [2005] EWCA Civ 1003 and the European Court of Human Rights in Burke v United Kingdom (unreported, ECHR, No 19807/06, 11 July 2006) is provided. An analysis of Australian case law is undertaken together with a consideration of the limits of a patient's legal right of autonomy in relation to choosing life-prolonging medical treatment; the basis upon which such treatment can be legally withdrawn or withheld from an incompetent patient against the patient's earlier expressed wishes that it should be continued or initiated; the concept in ethics and law of a patient's best interests; and the role of courts in adjudicating disputes about the continuation of treatment in light of the recent decisions.     

Voting for Pareto optimality: a multidimensional analysis

We compare unanimity rule and majority rule in their abilities to produce Pareto superior and Pareto optimal alternatives in fixed number of rounds of voting using a two-dimensional spatial voting model with random proposals, sincere proposals, and strategic proposals. Our findings show that for random or sincere proposals, majority rule is at least as likely to select a Pareto optimal outcome as unanimity rule. For strategic proposals, the subgame perfect equilibrium under unanimity rule is Pareto optimal. For other k-majority rules, the outcome is Pareto optimal or very close to it. For outcomes that are both Pareto optimal and Pareto superior, unanimity rule outperforms majority rule.     

Extreme poverty alleviation through community-based entrepreneurship: PRODECO in Paraguay

Community-based entrepreneurship projects have been advocated as a potential approach to alleviate extreme poverty as they provide opportunities for income generation and capacity enhancement. This practical note provides an overview of the PRODECO project undertaken jointly by the Paraguayan government and the World Bank (1999–2008) in three southern departments of Paraguay (Itapúa, Misiones, and Ñeembucú). It describes and analyses the context, scope, operations, and results of this project, and identifies five main lessons related to frequent challenges faced by this approach; on size, access to skills, distance from government agencies, pace, and technology.     

The Presumption of Proportionality

This article challenges the assumption that the burden of demonstrating that a limitation of a fundamental right is proportionate rests on the public authority seeking to justify the limitation. After considering the operation of burdens and presumptions in European human rights case‐law it notes the difficulties British domestic courts have had in rigorously applying proportionality tests. It suggests that the concerns which lead judges to weaken the requirement of proportionality would be better met by recognising that certain circumstances give rise to a presumption of proportionality, where the burden of demonstrating disproportionality rests on the right‐holder. Five categories of case in which this applies are proposed, and one which has recently been judicially accepted is rejected. Clarifying the types of case in which a presumption of proportionality applies is a preferable strategy to blurring the standards of justification to be met by those seeking to limit the enjoyment of rights.¹     

Strategic rebels: a spatial econometric approach to rebel fighting durations in civil wars

ABSTRACT

Recent research on multi-actor civil wars highlights that rebel organizations condition their conflict behavior on that of other rebel organizations, with competition and free-riding constituting the core theoretical mechanisms. We provide a new actor-centric approach to explicitly model strategic interdependence in multi-actor civil wars. We argue that rebel organizations have incentives to remain mobilized until the end of a conflict to maintain their power to negotiate, power to spoil, power to enforce, and power to protect. This induces strategic complements that dominate duration dynamics in multi-actor conflicts. Based on a network game-theoretic model, we derive a spatial econometric framework that allows for a direct test of strategic interdependence. We find that the estimated duration interdependence is positive but partially offset in secessionist conflicts where the public goods nature of the incompatibility also induces strategic substitution effects.     

Who Inherits the State? Colonial Rule and Postcolonial Conflict

Postulating grievance‐based mechanisms, several recent studies show that politically excluded ethnic groups are more likely to experience civil conflict. However, critics argue that endogeneity may undermine this finding since governments' decisions to include or exclude could be motivated by the anticipation of conflict. We counter this threat to inference by articulating a causal pathway that explains ethnic groups' access to power independently of conflict. Focusing on postcolonial states, we exploit differences in colonial empires' strategies of rule to model which ethnic groups were represented in government at the time of independence. This identification strategy allows estimating the exogenous effect of inclusiveness on conflict. We find that previous studies have tended to understate the conflict‐dampening impact of political inclusion. This finding suggests that grievances have been prematurely dismissed from conventional explanations of conflict, and that policy makers should consider conflict resolution methods based on power sharing and group rights.     

Fiscal Consolidation and Australia's Public Debt

Australia has experienced one of the fastest growing public debt levels in the world post‐Global Financial Crisis due to a series of large federal budget deficits driven by high government spending. In this paper we examine the balance sheet implications of this escalating public debt, before proposing some macro‐fiscal objectives for determining its sustainable level. These objectives are to (i) restore the federal government's solvency; (ii) eliminate foreign public debt; and (iii) achieve budgetary balance over the business cycle. Empirically, we first examine how much fiscal consolidation is required for debt stabilisation at current levels, before considering what sized budget balances are needed to achieve the target debt to GDP ratios consistent with the proposed objectives. The results show that no target debt to GDP level consistent with the optimal levels will be met on current fiscal settings in the medium term. This implies significantly greater fiscal consolidation is required to minimise future fiscal risk.