Poverty and prosperity among migrant settlers in the Amazon rainforest frontier of Ecuador

Household‐level interview data from a probability sample survey conducted in the northeastern Ecuadorian Amazon in 1990 are used to examine the determinants of income and assets among migrant farmers in the agricultural frontier. Multivariate analysis indicates that size of plot owned, proximity to markets, duration of residence, quality of soil, receipt of technical assistance, off‐farm employment and initial wealth positively influence current household income and wealth. More land in cattle pasture is also associated with higher status. Some settlers are prospering relative to others despite variable soil quality, unsustainable land uses, geographic isolation, apparent scarcity of labor, and lack of supportive infrastructure. The article closes with a discussion of implications for policies to assist small farmers, with some consideration of the potential ecological consequences of farmers’ activities.     

The Legal Culture of Political Representation: Evolution and Balance of Its Current Situation Within Democracies

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops.     

A proposed methodology for assessing the economic needs of safeguard zones protecting groundwater intended for human consumption within the context of the European Water Framework Directive

This paper describes the gross domestic product and hydrological environment service method for assessing the socio-economic consequences of implementing necessary measures for safeguarding the quality of groundwater for human consumption and eliminating the risk of pollution. This method assesses the positive and negative impacts of designations of protected areas. Economic assets and social goods are the two integrated variables used in analysing the method. The first includes economic impacts on the local gross domestic product of defining protected areas, and the second considers the benefits of this designation in the conservation of water resources, assigning a monetary value to the preserved resources. In addition, tools have been incorporated, such as payment for hydrological services and generation of permissible activities, which reduce negative social impacts through positive economic impacts. These tools can only be used when compliance with conservation requirements for protected areas is demonstrated. The conclusions of this study include an application of the proposed methodology and provide essential and specific assessments that show that this methodology fulfils the requirements of the European Water Framework Directive requirements and that it is an effective tool in the implementation and development of strategies for hydrological planning processes.     

Disobedience and Criticism. The Ethos of Ombudsman's Institution and the "East-European Revolution of Human Rights"

The commissioners of human rights in the Parliament aim at ensuring the protection and formation as well as the development of the culture of human rights with their activities in Hungary and all over the world. What else could be done by the citizens practising their disobedience during the non-violent revolutions in 1989 after Mahatma Gandhi, Martin Luther King and the American Henry David Thoreau? At a first glance, it perhaps seems to be strange to put the following question: what is the connecting link between the role of political law of a public state and the citizens breaking the rules in order to protect the constitutional rights? What will be the result of this comparison? I think, the result is that we can recognize the role of both functions more thoroughly in operating the constitutional state suitably in order to protect the culture of constitutional rights (reactive role) and to develop them (proactive role).     

Constitutional Law in Twenty Years from Now

The principles of constitutional law as those of many other disciplines seem to develop and to be replaced by new paradigms in the light of globalization. The present article using the genre of constitutional futurology attempts to determine whether this change is real or an illusory impression, and to predict the future of constitutional law and of scholarship reflecting on constitutional issues. A mighty forecast emerges from the interplay of opposing forces. While the withering away of the constitutionalist paradigm is unlikely partly because of the lack of a new generation of legal scholars following new patterns of thinking, partly because there is no reason to assume that the prevalent socioeconomic order would cease to exist , the essay maps a number of possible challenges like genetic engineering or personal computers interconnected in the World Wide Web , which constitutionalists shall expect to face in theory and in practice alike.     

Scope of liability: the vanishing distinction between negligence and strict liability

The duty-of-care requirement cannot be used anymore as the touchstone to differentiate negligence from strict liability because it can be found in many forms of the latter. Duty of care is smuggled into strict liability hidden under the scope of liability requirement (traditionally called “proximate causation”). As far as the scope of liability requirement is common to negligence and to many forms of strict liability, there is a fairly large common ground to both liability rules, and consequently the marginal Hand formula is applied to both rules. Indeed, under a negligence rule, the marginal Hand formula is applied twice: first to assess whether or not the defendant did breach his or her duty of care, and, second, to delimit whether or not the defendant’s behavior was a proximate cause of the harm suffered by the victim. However, under a strict liability rule, the Hand formula is applied only once when the proximate causation question is raised. Traditional law and economics analysis has almost always taken the normative question raised by the causation requirement as given, which is a potential major problem due to the importance of scope of liability or proximate causation in legal practice. Defining the scope of liability, that is to say, the boundaries of the pool of potential defendants, is the basic legal policy decision for each and every liability rule. In the normative model presented in this paper, the government first chooses efficient scope of liability, and given the scope of liability, the government then decides the liability rule and damages that guarantee efficient precaution. In the article, most known scope of liability rationales developed by both common law and civil law systems are discussed in order to show the substantial common ground between negligence and strict liability.     

Data for Y-chromosome haplotypes defined by 17 STRs (AmpFLSTR Yfiler) in two Tunisian Berber communities

The 17 Y-chromosomal short tandem repeats (STRs) included in the AmpFLSTR Yfiler PCR Amplification Kit (AB Applied Biosystems) (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393, DYS385, DYS437, DYS438, DYS439, DYS448, DYS456, DYS458, DYS635 and GATA H4) were typed in two Berber communities, a small village (Takrouna) and a town (Sejenane), from North Tunisia. As expected, diversity was higher in the town, even when compared with a pool of three small Berber communities, probably due to the combination of different founder effects and genetic drifts operating in the small villages.