Dissertations / Theses on the topic 'Acces to benefits'
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Wilkinson, Renee, and Renee Wilkinson. "Equal Access: Providing Urban Agricultural Benefits to Under-Served Communities." Thesis, University of Oregon, 2012. http://hdl.handle.net/1794/12358.
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This study examines the potential contribution market research could make to planning urban farm locations. Substantial research identifies access to healthy foods as a significant barrier for under-served communities. Under-served communities are those struggling with food insecurity, poor nutrition and poor community cohesion. Urban farm locations could be more strategically planned to connect healthy food access and other secondary benefits to these vulnerable communities. This market research based methodology is applied to Portland, Oregon, using GIS data to map where future urban farms should be placed. The final product of this study is a prioritized list of potentially suitable sites in Portland, Oregon, for a future urban farm. This methodology could be applied in other urban areas to increase access to healthy foods among under-served communities.
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Garshong, Bertha. "Benefit incidence of health services in Ghana and access factors influencing benefit distribution." Doctoral thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/9453.
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Includes bibliographical references (leaves 204-214).Universal coverage is built around financial protection and access to needed care for all members of the society. The main focus in many countries, including Ghana, has been on financial protection. However removing financial barriers does not necessarily remove other access barriers to the use of health care services. The extent to which a population gains access to health care depends on a multiplicity of factors. The study investigated the distribution of health care benefits across socioeconomic groups, assessed if these benefits are distributed according to need and identified health system and community access factors that influence the distribution of benefits from using health care services in Ghana, in order to identify policy options for promoting equitable access to and use of health services in Ghana.
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Best, Christina Rose. "The psychological and physical health benefits associated with the human-pet bond." Thesis, The Author [Mt.Helen, Vic.] :, 1997. http://researchonline.federation.edu.au/vital/access/HandleResolver/1959.17/54169.
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Chirara, Simbarashe C. "Social inclusion : an e-government approach to access social welfare benefits." Thesis, Nottingham Trent University, 2018. http://irep.ntu.ac.uk/id/eprint/35355/.
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Today, governments worldwide are seizing the benefits of the Internet for better government administration. Governments must provide services to all citizens, but this is most challenging to achieve electronically when some citizens are offline, yet transformational to the government administration when achieved. Therefore, the thesis investigated the factors influencing egovernment adoption in Nottingham where social welfare benefits will be claimed exclusively online via the Universal Credit (UC) system. UC is an example of a government service conforming to the broader UK Digital by Default strategy for government administration, which supports the EU goal of improving social inclusion through digital inclusion. Therefore, the motivation for the thesis is social justice for those digitally excluded citizens who may be socially impacted by the unintended consequences of e-government initiatives. The study used an adapted Unified Theory of Acceptance and Use of Technology 2 (UTAUT2) model to understand the factors influencing citizens' adoption of UC. The research model added Internet experience, awareness, security and trust as external factors influencing adoption, while hedonic motivation was modelled as an internal factor. UTAUT2 was also modified to reflect the broader goal of social inclusion. The study demonstrated that the behavioural intention to adopt e-government depended on whether the digital public service had a fall-back to use traditional channels or not. 61.3% of the benefits claimants were unaware of UC rollout in Nottingham, which indicates a lack of citizen readiness. Overall, the experience of using the Internet, facilitating conditions, behavioural intention and the habit of using digital public services determined usage behaviour. 40.2% of the participants thought digital inclusion improved their social lives, while 30.9% were indifferent. The 40.2% indicates a good starting point for e-government adoption. These findings led to the Modified UTAUT2 (M-UTAUT2) model, which is applicable outside the case study. The thesis also made other theoretical contributions. The findings and the conclusions from the qualitative and quantitative researches conducted as part of the build-up to the thesis were used to derive an e-government adoption process that considers the continued use of e-government, which leads to successful e-government. The model has two processes: awareness (with two stages: awareness and initial use) and habitual (with one stage: continued use). Additionally, the study recommended the global digital technology market as a new e-government actor due to the changing digital inclusion landscape.
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Alkan, Özgür BaÅ ak 1977. "Choices and benefits : alternative access and venue sites for Ä°stanbul Olympics." Thesis, Massachusetts Institute of Technology, 2004. http://hdl.handle.net/1721.1/30111.
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Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning; and, (M. Arch.)--Massachusetts Institute of Technology, Dept. of Architecture, 2004.Some pages folded and some maps have transparent overlays.
Includes bibliographical references (p. 152-154).
This thesis is based on the idea that the Olympics, a global mega-project that interrupts and re-channels the forces of urban evolution in its host city, can be planned in ways that bring long-term benefits to that city. It is inspired by the urban regeneration of Barcelona in 1992 and the environmental achievements of the Sydney Olympics in 2000. The immense mobilization of resources for the Olympics, however, has a potential to deliver even more to the city. In this thesis, I will present an alternative Olympic plan for Istanbul, a three-time bidder for the Olympics that seeks to guide the city to a more environmentally sustainable future. I begin the thesis with twelve photographs that convey my observations of Atlanta, Athens and Istanbul, in the post-Olympic, pre-Olympic and bidding stages of Olympic development. The photographs reveal the significance of sports venue location and transportation choices for the Long-term impacts of the Olympic event on the environment. A quick survey of past host cities shows similar patterns of Olympic development; in Chapter I, I analyze the IOC's Manual for Candidate Cities to identify planning guidelines that limit planners' toolkit. Following a brief analysis of Istanbul's Olympic plan submitted for the 2008 Summer Games in Chapter I, I devote Chapter II to an exploration of environmental benefits that can potentially be derived from the Olympics, Laying down the conditions for their realization.
(cont.) In Chapter III, I study the environmental history of Istanbul and generate a vision for a sustainable future that can guide site selection and transportation investments for the Olympics. The Alternative Olympic Plan for Istanbul introduced in Chapter IV is ambitious. It aims to reverse the trend of environmental destruction in Istanbul by channeling the city's growth away from environmentally sensitive zones in the north by strategically locating Olympic investments. The epilogue, in conclusion, contains reflections on the thesis topic and directions for future research.
by Özgür, BaÅak Alkan.
M.Arch.
M.C.P.
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Aguirre, Quiroz Gerardo Daniel. "Evaluation of the potential benefits of using Licensed Shared Access in the Americas." Thesis, KTH, Skolan för informations- och kommunikationsteknik (ICT), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-177165.
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Internet has become an ubiquitous service and human need. Mobile networks have been struggling with the "Mobile Data Tsunami", an increase in mobile broadband consumption due to faster networks, powerful devices and more traffic-demandingapplications, as well as a higher penetration volume. According to Cisco mobile data traffic is expected to grow to 15.9 exabytes per month by 2018, that is almost eleven times the mobile data traffic of 2013. Spectrum is a key factor for network deployments, since it determines the capacity of the network. Nonetheless, spectrum is a limited natural resource, i.e. a finite, non-exhaustible common resource. In order to fulfill the high performance targets of future mobile broadband (MBB) systems, a more efficient use and more effective management of spectrum resources have to be developed. Licensed Shared Access is a new complementary spectrum access scheme that allows for the sharing of partially used licensed spectrum from an incumbent (e.g. a government organization), by a limited number of “LSA licensees” (e.g. Mobile Network Operators). The LSA agreement follows pre-defined dynamic or static sharing conditions, that determine where, when and how to use the incumbent’s spectrum. The implementation of Licensed Shared Access needs the support of a very good regulatory framework and follow the harmonized spectrum pathway. Spectral harmonization, or the uniform allocation of frequency bands across entire region lowers the technology costs, making it easier for any country to consider its implementation. Once adpoted throughout the regions, economies of scale are achieved. Some first steps towards a new framework based on LSA have been given in Europe and North America, however to consider LSA as a real option, a complete analysis considering more markets is needed. It is crucial to consider how other regions around the world can be affected by this new approach in order to see if LSA is a viable option or not. The approach taken in this research covers the interrelations between technical, market and regulatory conditions in the Americas in order to present the possible value of LSA. The first part of the study deals with the analysis of the technical aspects of LSA. The following parts deal with under what conditions the evaluation is made. First, the study deals with the market conditions found in the Americas as a whole, to then deal with a more specific study of the market and regulatory conditions of selected countries in the region. The research showed how there are several ways LSA can bring positive value to established and emerging actors in the Americas, specially in high traffic areas, and/or indoor environments. However, and despite the advantages of LSA, the timing is not there yet. The region still has plenty of spectrum to be allocated as exclusive spectrum, which is preferred by operators. The low mobile broadband penetration in most of the region is also a factor for the low value of LSA in the time of this study.Internet har blivit en allmänt förekommande service och mänskliga behov. Mobilnät har kämpat med "Mobile Data Tsunami", en ökning av mobilt konsumtions bredband på grund av snabbare nät, kraftfulla enheter och fler trafik-krävande applikationer, samt en högre penetration volym. Enligt Cisco mobil datatrafik förväntas växa till 15,9 exabyte per månad år 2018, är att nästan elva gånger den mobila datatrafiken 2013. Spektrum är en nyckelfaktor för nätutbyggnad, eftersom det avgör kapaciteten i nätet. Ändå är spektrum en begränsad naturresurs, dvs en ändlig, icke-ändliga gemensam resurs. För att uppfylla de höga resultatmål för framtida mobilt bredband (MBB) system, en effektivare användning och effektivare hantering av spektrumresurser måste utvecklas. Licensierad Shared Access är en ny kompletterande tillgång spektrum system som gör det möjligt att dela med sig av delvis använda licensierat spektrum från en befintlig (t.ex. en statlig organisation), med ett begränsat antal "LSA licenstagare" (t.ex. Mobile Network Operators). LSA Avtalet följer fördefinierade dynamiska eller statiska delningsvillkor, som bestämmer var, när och hur man använder den dominerande operatörens spektrumet. Genomförandet av Licensed delat tillträde behöver stöd från en mycket bra regelverk och följer den harmoniserade vägen spektrumet. Spectral harmonisering, eller en enhetlig fördelning av frekvensband över hela regionen sänker teknikkostnader, vilket gör det lättare för något land att överväga dess genomförande. En gång är anpassad efter hela regioner, är skalfördelar uppnås. Några första steg mot en ny ram baserad på LSA har fått i Europa och Nordamerika, men att betrakta LSA som ett verkligt alternativ, krävs en fullständig analys med tanke på fler marknader. Det är viktigt att fundera på hur andra regioner runt om i världen kan påverkas av denna nya metod för att se om LSA är en möjlig lösning eller inte. Ansatsen i denna forskning omfattar samspelet mellan tekniska, marknadsmässiga och rättsliga villkoren i Amerika för att presentera det möjliga värdet av LSA. Den första delen av studien behandlar analysen av de tekniska aspekterna av LSA. Följande delar behandlar vilka villkor utvärderingen görs. Först behandlar studien med de marknadsförhållanden som finns i Amerika som helhet, för att sedan ta itu med en mer specifik undersökning av marknaden och regler i utvalda länder iregionen. Forskningen visade hur det finns flera sätt LSA kan ge positivt värde till etablerade och nya aktörer i Amerika, speciellt i högtrafikerade områden, och / eller inomhusmiljöer. Men trots fördelarna med LSA, är tidpunkten inte där ännu. Regionen har fortfarande gott om spektrum att fördelas exklusiv spektrum, som föredras av operatörerna. Den låg mobilpenetration bredband i större delen av regionen är också en faktor för det låga värdet av LSA i tiden för denna studie.
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Mei, Anne Pieter van der. "Free movement of persons within the European Community cross-border access to public benefits /." [Maastricht : Maastricht : Universiteit Maastricht] ; University Library, Maastricht University [Host], 2001. http://arno.unimaas.nl/show.cgi?fid=5984.
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Thomas, Alaina D. "Benefits of the state acres for wildlife enhancement practice for bird populations in Kansas." Thesis, Kansas State University, 2014. http://hdl.handle.net/2097/18720.
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Master of ScienceDivision of Biology
Brett K. Sandercock
Grassland birds have experienced population declines worldwide from habitat degradation caused by conversion to agriculture and recent intensification of land use, including increased use of fertilizer, fossil fuels, and irrigation. The U.S. Department of Agriculture, Conservation Reserve Program (CRP) includes initiatives targeting wildlife enhancement to mitigate ongoing declines in grassland bird populations. The newest CRP practice, State Acres for Wildlife Enhancement (SAFE), was designed to restore vital habitats for high priority wildlife species throughout the United States. Our objective was to assess the potential benefits of SAFE for upland gamebirds and grassland songbirds in Kansas. We monitored lands enrolled in SAFE to estimate bird density based on field scale and landscape scale characteristics. Our study was conducted in three ecoregions: Smoky Hills (4 counties), Flint Hills (3 counties), and the High Plains (3 counties). We surveyed 121 SAFE fields and 49 CRP fields from 2012 – 2013. Northern Bobwhite density was negatively associated with percent litter within survey fields. Ring-necked Pheasant density differed among ecoregions, and was positively associated with percent bare ground in the High Plains, but negatively associated with field age in the Smoky Hills. Mourning Dove density differed among ecoregions, and was negatively associated with percent forb in the High Plains, and positively associated with percent grassland in the Smoky Hills. In the Flint Hills, Mourning Doves were negatively associated with CRP fields and large fields. Brown-headed Cowbirds were positively associated with percent forbs. Amount of CRP surrounding survey locations was positively associated with bird density through the entire range for Grasshopper Sparrows, Dickcissels, and Lark Buntings, and in the High Plains for Western Meadowlarks. Percent woodland had negative effects on Western Meadowlarks in the Smoky Hills, whereas percent cropland had negative effects on Eastern Meadowlarks statewide. CRP positively affected abundance of four of our species, whereas percent cropland and woodland negatively affected others. Thus, the amount of set-aside lands enrolled in SAFE could be important for grassland bird populations. SAFE and CRP supported equal numbers of Northern Bobwhites and Ring-necked Pheasants, suggesting SAFE provides benefits for target species of upland gamebirds.
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Baker, Gabriela Rosalie. "Community perceptions of the barriers and benefits to local food access in Northeast Ohio." Oberlin College Honors Theses / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin151213414094815.
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Kelly, Justin. "On the Benefit of Cooperation of Secondary Users in Dynamic Spectrum Access." Thesis, Virginia Tech, 2009. http://hdl.handle.net/10919/76835.
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For the past 70 years, the Federal Communications Commission (FCC) has been the licensing authority for wireless spectrum. Traditionally, spectrum was commercially licensed to primary users with defined uses. With the growth of personal communication systems in the 1990''s, unallocated spectrum has become a scarce commodity. However, since most primary users are active only at certain times and places, much of the allocated spectrum remains underutilized. Substantial holes exist in the spatio-temporal spectrum that could be opportunistically used by unlicensed secondary users. As a result, the FCC is considering allowing secondary users to opportunistically use frequencies that are not being used by primary users. If multiple secondary users are present in the same geographical area, the concept of Dynamic Spectrum Sharing (DSS) allows these users to share the opportunistic spectrum.
If several secondary users want to use a limited set of frequency resources, they will very likely interfere with each other. Sensing is a distributed technique where each transmitter/receiver pair senses (both passively and actively) the available channels and uses the channel that provides the best performance. While sensing alone allows sharing of the spectrum, it is not the optimal method in terms of maximizing the capacity in such a shared system. If we allow the secondary users to collaborate and share information, optimal capacity might be reached. However, collaboration adds another level of complexity to the transceivers of the secondary users, since they must now be able to communicate (Note that in general, the secondary users may have completely different communication protocols, e.g., Wi-Fi and Bluetooth). Additionally, optimizing the capacity of the available spectrum could have other negative side effects such as impacting the fairness of sharing the resources. Our primary goal is to explore the benefit of this cost-benefit tradeoff by determining the capacity increase obtainable from collaboration. As a secondary goal, we also wish to determine how this increase in capacity affects fairness. To summarize, the goal of this work is to answer the question: Fundamentally, what is the benefit of collaboration in Dynamic Spectrum Sharing?Master of Science
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Bhattarai, Babu. "Conflict and conservation : sharing the costs and benefits of tiger (Panthera tigris) conservation in communities adjacent to tiger reserves in Nepal." Thesis, Federation University Australia, 2020. http://researchonline.federation.edu.au/vital/access/HandleResolver/1959.17/174057.
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Human wildlife conflict (HWC) is a highly studied but unresolved aspect of wildlife management. To further knowledge on HWC, this study used a multidisciplinary approach to investigate HWC implications for local people living adjacent to two key tiger conservation reserves in Nepal. The study also assessed the potential to redistribute financial benefits accruing from predator conservation to those bearing costs through associated HWC. Secondary data and anecdotal reports suggest that local people experience significant direct and indirect costs from predator conservation through livestock losses following attacks by common leopards and Bengal tigers, and additionally, crop losses due to their prey species plus two mega herbivores (elephant and one-horned rhinoceros). To investigate this situation, data regarding HWC incidents and costs were sourced through interviews with 422 local households, direct observations, and stakeholder interviews. Collected data included livestock loss (5-year time-period) and crop loss (1-year time-period). Complementary direct observation data collated livestock loss and crop damage for 12 months. Interviews were conducted also with park visitors (N=387) and tourism business owners (N=74). Results showed that tigers are involved in significantly fewer depredation events compared to leopards. Leopards predominantly killed small to medium livestock whereas tigers selected both small to medium and large sized livestock. Livestock depredation events occurred more frequently in livestock corrals relative to forest zones or crop fields. Rates of livestock losses per household per year self-reported during interviews with local people were found higher when compared to those observed by direct measurement. Prey species of tigers and leopards (most often wild boar and chital) were involved in more frequently in crop raiding events, and caused more crop damage, when compared that caused by mega herbivores. Quantities of crops lost per household were lowest in communities where effective physical barriers to wildlife were present. Park visitors and tourism business owners indicated willingness to pay for conservation of tigers and for compensation of farmers for the losses caused by tigers and their prey species. Study findings support several key recommendations proposed to mitigate negative HWC effects in the study area. These include financial support for local communities to build predator proof livestock corrals and establishment of effective physical barriers at the park borders. A dedicated tariff for park visitors and a levy for tourism business owners are also recommended to fund ongoing predator conservation and support financial compensation for local farmers affected by HWC.Doctor of Philosophy
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Lukinski, Stella. "Benefits of providing supports for non-traditional students to access and complete post-secondary education." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape3/PQDD_0025/MQ51747.pdf.
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Tindley, Ruth. "Access to social security benefits for people who are unable to work because of mental illness." Thesis, University of Leicester, 2011. http://hdl.handle.net/2381/9908.
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This thesis examines the difficulties which people with mental health conditions may experience in establishing and maintaining entitlement to the social security benefits which underwrite incapacity for work. Two regimes are currently operating simultaneously, the incapacity benefits regime, introduced in 1995, and employment and support allowance (ESA), introduced in October 2008. The thesis identifies the main barriers to incapacity for work benefits for people with mental health problems as the symptoms of mental illness, administrative procedures, national insurance contribution conditions, assessment, conditionality, appeals and complexity of the welfare system. It compares the two regimes and concludes that although problems arise with both incapacity benefits and ESA, problems with ESA are greater. The ESA scheme and ongoing reforms appear to have worked well for people who are at the most severe end of the spectrum of mental illness, since they receive more money and are relieved of conditionality. For claimants with lesser mental health problems the situation has worsened. The thesis makes a number of recommendations for change. It suggests that mental health teams should include welfare benefits advisers, recommends better training in mental health issues for DWP staff, and improved communication between the DWP and claimants, in particular lesser reliance on telephony. Consideration should also be given to removal of national insurance contribution conditions for incapacity for work benefits, and replacement by a universal benefit. The thesis points out that assessment of incapacity is the most significant obstacle to entitlement and suggests a return to the informal procedure used pre-1995, as well as payment for partial capacity. It also recommends voluntary, rather than mandatory participation in work-related activity by claimants with mental health problems, and questions whether it is appropriate to use the welfare system to coerce claimants, particularly those with mental health problems, into employment.
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Wilson, Kelly Robyn. "Do women reap the benefits? Exploring access and social exclusion among village chicken producers in Kenya." The Ohio State University, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=osu1563200862443867.
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Lewis, Jeff S. "Assessing the Safety Impacts of Access Management Techniques." Diss., CLICK HERE for online access, 2006. http://contentdm.lib.byu.edu/ETD/image/etd1342.pdf.
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Atazadeh, Ehsan. "Algae-based models to configure consumptive flows for ecological benefit in the highly regulated MacKenzie River, south-east Australia." Thesis, Federation University Australia, 2017. http://researchonline.federation.edu.au/vital/access/HandleResolver/1959.17/162587.
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Many river ecosystems, especially those in arid and semi-arid, are experiencing severe stress due to the increasing demands on the ecosystem services they provide, coupled with anthropogenic catchment impacts and factors associated with climate change and weather extremes. The flow regime of the Mackenzie River was substantially modified since the construction of a water supply reservoir on its upper reach in 1887. Water is now regulated at several locations downstream of the reservoir, creating a substantially modified flow regime, impacting key environmental values of the river. The river receives an environmental flow allocation and the river channel is used to transfer water dedicated for consumptive use. Water Quality and algal monitoring formed the basis of models that were developed evaluate the ecological condition of this working river under base flow and before, during and after freshes that deliver water to users. Samples of diatoms, soft algae and measurements of water quality were analysed at ten sampling sites for three years (between February 2012 and November 2014) along the MacKenzie River in different seasons and under different flow regimes to understand the spatial and temporal variation in the relationship between algal communities and water quality, and so stream condition. Baseline information on algal communities and water quality was collected during base flow conditions, while experiments on the effect of water releases on algal communities were based on flow regime variations (manipulated flow regimes), specifically on the algae community structure, water quality and ecosystem function. These comprised cease to flow (0 ML/day), low flows (10-15 ML/day), freshes (35-40 ML/day) and high flow (55ML/day) conditions. Physical and chemical characteristics of water, including pH, temperature, turbidity, electrical conductivity, dissolved oxygen, total nitrogen, phosphorus and cations and anions were measured. Biological properties of the algal periphyton communities, including dry mass, ash-free dry mass, chlorophyll-a concentration and species composition, were also measured. Furthermore, the DSIAR (Diatom Species Index for Australian Rivers) score was calculated to classify the condition of the waterway. The results showed the algal species composition changed under different flow regimes along the river. The sensitivity of diatoms to changes in water quality and flow rates deemed them useful indicators of river condition. The results indicated that flows tended to improve DSIAR scores and diatoms versus green algae and cyanobacteria biomass measures in the mid and lower reaches. The biological properties of the algal periphyton communities, and the species composition, varied between sites under different flow regimes. The accumulation of dry mass (not ash-free) decreased downstream during freshes, however the accumulation of AFDM (ash-free dry mass) gradually increased downstream. The results showed that the concentration of chlorophyll-a decreased downstream under water release events. The Pearson’s correlation matrix revealed flow regimes had a significant influence on the water chemistry characteristics and biological properties. The principal component analysis (PCA) illustrated that upstream species of algae were associated with low pH and temperature and higher DO. In contrast downstream species were associated with higher turbidity, TSS, conductivity, TN, and TDS. The correspondence analysis (CA) and detrended correspondence analysis (DCA) showed a split between algal assemblages during water release events in comparison with before and after water release. The canonical correspondence analysis (CCA) identified five significant environmental variables including pH, TSS, Turbidity, TN and TP explaining algal assemblage and structure along the river. The collected data were used to develop ecological response models based on algae communities living under different flow regimes in the MacKenzie River. The algae-based models across a hydraulic gradient may be useful in water management efforts to find sustainable solutions in the river by balancing environmental and human values. The empirical data and models showed the lower reaches of the river to be in poor condition under low flows, but this condition improved under flows of 35 ML/day, as indicated by the reduction in green algae and cyanobacteria and improvement in DSIAR scores. The results are presented to tailor discharge and duration of the river flows by amalgamation of consumptive and environmental flows to improve the condition of the stream thereby supplementing the flows dedicated to environmental outcomes. Ultimately the findings can be used by management to configure consumptive flows to enhance the for ecological condition of the MacKenzie River.Doctor of Philosophy
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Chennells, Roger Scarlin. "Equitable access to human biological resources in developing countries : benefit sharing without undue inducement." Thesis, University of Central Lancashire, 2014. http://clok.uclan.ac.uk/10634/.
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The main research question of this thesis is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed to achieve equity for developing countries? Access to and benefit sharing for human biological resources is not regulated through an international legal framework such as the Convention on Biological Diversity, which applies only to plants, animals and micro-organisms as well as associated traditional knowledge. This legal vacuum for the governance of human genetic resources can be attributed (in part) to the concern that benefit sharing might provide undue inducements to research participants and their communities. This thesis shows that: (a) Benefit sharing is crucial to avoiding the exploitation of developing countries in genomic research. (b) With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other medical research (e.g. clinical trials). (c) Concerns remain over research involving indigenous populations and some recommendations are provided. In drawing its conclusions, the thesis resolves a highly pressing topic in global bioethics and international law. Originally, it combines bioethical argument with jurisprudence, in particular reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue influence.
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Kroes, Eric, Paul Koster, and Stefanie Peer. "A practical method to estimate the benefits of improved road network reliability: an application to departing air passengers." Springer, 2018. http://dx.doi.org/10.1007/s11116-017-9764-4.
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This paper develops and applies a practical method to estimate the benefits of
improved reliability of road networks. We present a general methodology to estimate the
scheduling costs due to travel time variability for car travel. In contrast to existing practical
methods, we explicitly consider the effect of travel time variability on departure time
choices. We focus on situations when only mean delays are known, which is typically the
case when standard transport models are used. We first show how travel time variability
can be predicted from mean delays. We then estimate the scheduling costs of travellers,
taking into account their optimal departure time choice given the estimated travel time
variability. We illustrate the methodology for air passengers traveling by car to Amsterdam
Schiphol Airport. We find that on average planned improvements in network reliability
only lead to a small reduction in access costs per trip in absolute terms, mainly because
most air passengers drive to the airport outside peak hours, when travel time variability
tends to be low. However, in relative terms the reduction in access costs due to the
improvements in network reliability is substantial. In our case we find that for every 1 Euro
reduction in travel time costs, there is an additional cost reduction of 0.7 Euro due to lower
travel time variability, and hence lower scheduling costs. Ignoring the benefits from
improved reliability may therefore lead to a severe underestimation of the total benefits of
infrastructure improvements.
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Wickstrom, Matthew D. "University of Wisconsin-Stout's student tuition differential-access to learning fee a cost benefit analysis /." Menomonie, WI : University of Wisconsin--Stout, 2004. http://www.uwstout.edu/lib/thesis/2004/2004wickstromm.pdf.
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Lowman, Michael. "The effectiveness of access and benefit-sharing legislation in South Africa: practical considerations for national regimes." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12090.
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Includes abstract.Includes bibliographical references.
The Convention on Biological Diversity provides an international regulatory framework for countries to develop their own access and benefit-sharing (ABS) legislation. This international convention governs the utilization of a country's genetic resources and associated traditional knowledge. Due to increased capabilities and demand from industry for these resources, a market is created over which ABS legislation is to govern. This is based on the realization of the objectives of the convention that provide for state sovereignty over a country's indigenous biological resources. This dissertation presents the results from an evaluation of ABS legislation and its implementation within South Africa. Key objectives are to analyze the implementation of regulations and procedures governing access to indigenous biological resources and traditional knowledge, and associated institutional arrangements.
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Örn, Sagrelius Lizzie. "Fair and Equitable Participation? : A case study of access and benefit sharing processes in India and Samoa." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305362.
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The third main objective of the Convention on Biological Diversity aims to guarantee that the process of using traditional knowledge in research and development of new products is fair and equitable. The framework put in place for implementing this third objective, access and benefit sharing, is supposed to enable and ensure the participation of traditional knowledge holders. Using a qualitative study to examine two cases of access and benefit sharing, the TBGRI-Kani case and the Samoan-Mamala case, this thesis seeks to develop an understanding of how power structures affect these processes. Drawing on theories of participation, deliberation and social dominance the findings show that access and benefit sharing runs the risk of being an empty space controlled by the strongest actor, which in most cases are the receivers of traditional knowledge. Rather than celebrating the mere inclusion of traditional knowledge holders in the access and benefit sharing process, attention should be given to the hierarchies within the process as such.
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Moustapha, Muriel. "Savoir-faire traditionnels et biodiversité." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10019.
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Les savoir-faire traditionnels ont été pendant longtemps considérés comme ayant peu d'intérêt. Leur reconnaissance internationale s'est faite à la conférence de Rio de 1992 à travers la convention sur la diversité biologique. Cette reconnaissance et la signature de l'accord sur la propriété intellectuelle de 1994 (ADPIC) ont entraîné de la part des pays du Sud (principalement) des questions auxquelles le droit et, plus particulièrement le droit de la propriété intellectuelle (DPI) ont du mal à répondre. La principale étant quel type de protection juridique apporter aux savoir-faire traditionnels et plus particulièrement à ceux liés à la biodiversité. Le DPI a non seulement du mal à cerner quels sont les droits et avantages à accorder aux détenteurs de ces savoirs, mais aussi et surtout, à cerner cette notion de savoir-faire traditionnel. Il a d'autant plus de mal à répondre aux questions soulevées par cette notion, que les débats juridiques sont le plus souvent dirigés par des intérêts économiques et politiques où s'affrontent deux conceptions très différentes de la protection juridique des savoir-faire traditionnels. Celle des Etats du Nord qui ont une conception privative du dpi, dont le but est de maîtriser ''l'utilisation scientifique et commerciale des savoirs traditionnels'' et celle des Etats du Sud qui ont une vision collective, communautaire de la protection de leurs savoirs dans le but de ''protéger l'intégrité des savoirs traditionnels''. La principale réponse apportée jusqu'à présent sur le plan international est le brevet, celui-ci semble, pourtant, peu adapté à ces savoir collectifs et ancestraux. En fait, derrière cette notion de savoir-faire traditionnel, se profile une question essentielle, celle de l'accès aux ressources génétiques et aux savoir-faire traditionnels. Ce travail a pour but d'explorer de nouvelles alternatives à la propriété intellectuelleThe traditional know-how were considered for a long time as having not much interest. Their international recognition was made at the Rio Conference of 1992, through the Convention on Biological Diversity. This recognition and the signing of the Agreement on the Aspects of Trade-Related Intellectual Property Rights of 1994 (TRIPS) have led the countries of the South mainly, to raise questions to which the law and, more particularly the law of the intellectual property (DPI) are struggling to answer. The main question is to know the nature of the legal protection given to traditional know-how and more particularly to those related to biodiversity. The DIP not only has difficulty in identifying the nature of the rights and benefits to be granted to the holders of this knowledge, but above all, in identifying this notion of traditional know-how. The DIP struggle to address the issues as legal débats are generally lead by political and economical interests where two very different conceptions of the legal protection of traditional know-how confront each other. The one of northern states that have a private and utilitarian conception. That of northern states that have a private and utilitarian conception. The aim is, with DPI, to control the scientific and commercial use of know-how. The one of southern states that have a collective or even community vision of the protection of their knowledge in order to protect the integrity - spiritual, cultural and social - of traditional knowledge. The main international answer today is the certificate. However, this one doesn’t fit well these traditional collective and ancestral know-how. In fact, behind this notion of traditional know-how, there is a key issue, that of access to genetic resources and traditional know-how. The ambition assigned to this thesis (PhD) is to explore new alternatives to intellectual property, in order to find a regime appropriate legal framework for traditional know-how
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Rourke, Michelle. "Viruses, Science and Law: Clarifying the Status of Viruses as `Genetic Resources' Under International Access and Benefit-Sharing Law to Inform Future Virus Sharing Arrangements." Thesis, Griffith University, 2019. http://hdl.handle.net/10072/382736.
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In 2007 the Indonesian government cited the United Nations’ Convention on Biological Diversity (CBD) when it claimed sovereignty over influenza viruses isolated from within its territory, denying the World Health Organization (WHO) access to physical samples of H5N1 influenza virus. In response, WHO Member States adopted the Pandemic Influenza Preparedness Framework (PIP Framework) for the sharing of influenza viruses with human pandemic potential. This ended the political stalemate between Indonesia and the WHO, but the international community never addressed the broader legal issue at the core of Indonesia’s claim: do countries have sovereign authority over viruses isolated from within their territories? Answering this question is the starting point of this thesis and is crucial to creating legal certainty for international virus sharing and defending global health security.
Genetic resources were largely treated as global public goods under international law until the entry into force of the CBD in 1993. This binding and widely-adopted convention situates genetic resources within the sovereign domain of the Nation State, allowing national governments to regulate access to genetic resources pursuant to their own environmental policies. The domestic laws and policies implemented in the wake of the CBD have created a diverse and complicated regime for accessing genetic resources and sharing benefits associated with their utilisation, referred to as ‘access and benefit-sharing’ (ABS). Until the present research, it has not been clear how these rules apply to viruses outside the narrow remit of pandemic influenza viruses under the PIP Framework.
Virus samples are essential for ecological, agricultural and medical research and are vital inputs for the production of vaccines and antivirals. Most viruses are still accessed freely from the environment and shared informally between networks of scientific colleagues without regard to the domestic ABS policies of originating Nation States. This is starting to change as States begin to restrict access to virus samples to exchange them for monetary or non-monetary benefits. This trend is likely to impact scientific research and the development of novel biotechnologies, but it has the most disturbing consequences in the field of public health, where international negotiations over access to pathogenic virus samples can delay outbreak response efforts.
This research examines the legalities of claiming sovereignty over viruses under international law and represents the first systematic effort to situate viruses within the international ABS regime. This research aims to: (1) clarify the status of viruses under international ABS law, (2) examine the facets of the international ABS regime that will shape future virus sharing practices, and (3) determine the impact of virus ABS on virological research. It draws together the key themes of law, scientific research and viruses.
The legal question originally posed by Indonesia in 2007 and restated here as the first aim of this research is addressed by means of a textual analysis of the CBD and its Nagoya Protocol. Chapter 2 (published in the European Intellectual Property Review) demonstrates that all viruses are unequivocally ‘genetic resources’ within the remit of these international instruments. This finding clarifies the previously ambiguous status of all viruses as sovereign genetic resources under international law and forms the theoretical basis for the preponderance of this research. In effect, influenza viruses with human pandemic potential are regulated by the PIP Framework and all other viruses are subject to regulation under the CBD and Nagoya Protocol.
Four chapters of this thesis address the second aim of this research, examining the facets of the current international ABS regime that will shape future virus sharing arrangements. Chapter 3 (published in the Journal of Law and Medicine) analyses temporality and the conceivable extension of sovereign rights to virus isolates collected before the entry into force of the CBD on 29 December 1993, using the ex situ repositories of smallpox virus held by the United States of America and the Russian Federation as a case study. Chapters 4 and 5 (published in the Journal of Law and Medicine and the Journal of World Intellectual Property respectively) are the first published papers to examine how provisions of the CBD and Nagoya Protocol relating to ‘traditional knowledge associated with genetic resources’ apply to viruses. These chapters provide proof of principle that Indigenous Peoples and Local Communities could possess virus-associated traditional knowledge that can be subject to benefit-sharing obligations. Chapter 6 (published in The Milbank Quarterly) critiques the ABS provisions of the PIP Framework as the only international virus-specific de facto ABS instrument. The Nagoya Protocol creates the flexibility to adopt specialised instruments outside of the default bilateral ABS system created by the CBD and Nagoya Protocol. Chapter 6 demonstrates that while the PIP Framework may be considered a multilateral ABS agreement, it secures just the access side of the ABS ‘grand bargain’ enshrined by the CBD. Chapter 6 cautions against the current proposals to expand the scope of the PIP Framework to include other pathogens.
Chapter 7 (published in the Journal of Science Policy and Governance) addresses the third aim of this research by examining how ABS measures have impacted scientific research in the biological disciplines. It shows how domestic legislative, administrative and policy measures implementing the CBD and Nagoya Protocol create legal barriers to accessing genetic resources for biological research and can limit scientific innovation. It demonstrates that ABS policies will have a cooling effect on biotechnological research utilising viral genetic resources if countries start to impose similar legal barriers to accessing virus samples.
Chapter 8 concludes that the international ABS regime already fetters virus sharing with unforeseen adverse impacts on global health security. Scientists require access to virus samples for research and development, and timely access to viruses that can cause diseases in humans, plants and animals is critical. As countries start to exercise their sovereign authority over viruses and restrict access to virus samples in order to influence benefit-sharing negotiations, it is ever more important that the international community comprehends the form and structure of virus ABS. This thesis fills the literature void as the first published research to explore the legal and practical issues of accessing virus samples and sharing the benefits associated with their use under the CBD and Nagoya Protocol. Given the deficiencies of the current ABS regime, this research forms the basis for an international debate about alternative models for regulating access to viruses and sharing the associated benefits. During public health emergencies, legal ambiguities around who can control access to viruses and at what price can delay the public health response and ultimately cost lives.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
Arts, Education and Law
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Humphries, Frances Amy. "Shellfish Patents Krill Research: Patent Law Defences and Technology Transfer of Genetic Materials and Knowledge in Aquaculture." Thesis, Griffith University, 2016. http://hdl.handle.net/10072/366025.
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The recent rise of access and benefit sharing (ABS) and patent laws concerning the use of aquatic genetic resources is creating increasing legal complexity and uncertainty for the aquaculture sector. The complexity and uncertainty comes at a time when the sector needs unprecedented access and exchange of genetic resources, technologies and knowledge for its early stages of domestication and scientific research and development. Arguably, the complexity largely stems from using the geographical origin of a resource to determine which ABS or stand-alone technology transfer obligations apply. This may suit transactions of terrestrial genetic resources whose origin can be determined within national jurisdiction. It is less suited to self-replicating aquatic genetic resources that can migrate between jurisdictional areas. It is also less suited to regulating derivatives such as the digital (knowledge) resource accessed independently from the physical genetic resource.
This thesis looks beyond the geographical origin to three underlying approaches that generalise how international instruments regulate ABS and technology transfer of genetic resources within three jurisdictional areas – proprietary (within national jurisdiction), stewardship (beyond national jurisdiction or the ‘deep sea’) and cooperative (in the Antarctic Treaty Area) approaches. The benefit of this categorisation is to understand the assumptions and principles underlying each instrument’s approach to technology transfer with a view to finding similarities and compatibilities between three shared legal challenges.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
Arts, Education and Law
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Hardy, Pénélope. "Le droit à la sécurité sociale du travailleur hypermobile dans l'Union européenne : le cas de l'artiste du spectacle vivant en France, en Belgique et aux Pays-Bas." Electronic Thesis or Diss., Strasbourg, 2024. https://publication-theses.unistra.fr/restreint/theses_doctorat/2024/HARDY_Penelope_2024_ED101.pdf.
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L’analyse du droit européen et international montre que le droit à la sécurité sociale est un droit fondamental de l’homme. Pourtant, l’hypermobilité des travailleurs soulève de nombreuses questions relatives à la protection de ce droit dans l’UE qui sont révélées à la lumière du cas des artistes du spectacle vivant. La reconnaissance et la protection de ce droit au sein de l’ordre juridique de l’UE sont tout d’abord étudiées dans les mécanismes de protection des droits de l’homme, ainsi qu’à travers les enjeux de la liberté de circulation et de la citoyenneté sociale, qui encadrent la mobilité intra-UE des travailleurs. La thèse explore ensuite ces enjeux au prisme de l’européanisation de la sécurité sociale. En mettant en évidence la place prépondérante de la coordination en droit de l’UE de la sécurité sociale, la recherche interroge la contribution de cette approche à l’effectivité de la protection du droit à la sécurité sociale. Face aux insuffisances observées, nous proposons enfin des pistes d’amélioration qui pourraient être appliquées sur le fondement du droit en vigueurThe analysis of the EU and international legal orders shows that the right to social security is a fundamental human right. However, the high mobility of workers raises several questions about the protection of this right within the EU. These issues are analysed through the relevant example of performing artists. The recognition and protection of this right within the EU is examined in the light of human rights mechanisms, and in the context of the challenges arising from workers’ (hyper)mobility within the EU, which is determined by the freedom of movement and social citizenship. These challenges are then further explored through the prism of the Europeanisation of social security. Given the predominant role of coordination in EU social security law, the research questions whether this approach contributes to the effectiveness of the protection of the right to social security. Finally, in view of the shortcomings observed, we propose improvements that could be applied on the basis of current legislation
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Egan, Laurie K. "Community Control and Compensation: An Analysis for Successful Intellectual Property Right Legislation for Access and Benefit Sharing in Latin American Nations." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/hmc_theses/25.
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Abstract: Indigenous communities have worked for centuries to develop systems of knowledge pertaining to their local environments. Much of the knowledge that has been directly acquired or passed down over generations is of marketable use to corporations, especially in the pharmaceutical industry. Upon gaining the necessary information to convert traditional knowledge into a marketable entity, the corporation will place a patent on the product of their research and development and reap the monetary benefits under the protection of intellectual property legislation. Without appropriate benefit sharing, indigenous communities are robbed of their cumulative innovation and development and denied access to the very medicines that they assisted in development. This study will examine the efforts made by indigenous communities to develop benefit-sharing agreements under national ‘sui generis’ legislation and the international legislation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD).
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Ulaner, Magnus. "Bio-cultural Rights, Genetic Resources and Intellectual Property : Interacting Regimes and Epicentres of Power." Thesis, Södertörns högskola, Institutionen för livsvetenskaper, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-17473.
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This thesis analyses the struggle over rights to benefits and ownership of plant genetic resources and the global regime complex on the management of plant genetic resources, and how different regimes concerning these resources cooperate or stand in opposition to each other. Because of changes in US patent law and the establishment of TRIPS, patent claims over plant genetic resources has increased dramatically globally. This, amongst other things, in turn has lead to the acrimonious negotiations of access and benefit sharing arrangements within the framework CBD. The objective of this thesis is to examine the interaction between the international regimes regulating genetic resources and intellectual property and to analyse how these regime interactions, affect the protection of traditional knowledge held by local communities, indigenous peoples and small farmers in developing countries. The thesis concludes that it exists several regime interactions that are disruptive and undermine the possibility of protecting traditional knowledge from misappropriation. It is further concluded that modifications of the existing IPR regimes, on the disclosure of inventions, with a certificate of legal provenance, securing FPIC, MAT and benefit sharing, may serve as one brick in the wall that protect traditional knowledge from misappropriation through wrongly granted patents. But a certificate of legal provenance will not do the work alone. To protect traditional knowledge associated with genetic resources in the long term bio-cultural solutions which sustains the entire community where traditional knowledge is embedded is needed.
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Steenkamp, Philip. "Benefit sharing in accordance with the Convention on Biological Diversity / by P. Steenkamp." Thesis, North-West University, 2006. http://hdl.handle.net/10394/149.
Full textAbstract:
The Convention on Biological Diversity (CBD) significantly enhanced the
scope and potential effectiveness of the international legal regime for the
conservation of biological diversity world wide together with the sustainable
use of its components. It goes beyond the conservation of biological
conservation per se and comprehends such diverse issues as sustainable use
of biological resources, access to genetic resources, the sharing of benefits
derived from the use of genetic material and technology, including
biotechnology.
The CBD has three objectives, which are the conservation of biological
diversity, secondly the sustainable use of its components and thirdly the fair
and equitable sharing of benefits arising out of the utilisation of genetic
resources. The third objective includes the sharing of benefits by means of
appropriate access to genetic resources and by appropriate transfer of
relevant technologies, taking into account all rights over such resources and
technologies as well as appropriate funding. As part of the process of
achieving these goals, the CBD establishes a new international framework for
access to genetic resources and the sharing of benefits from their use.
In addition to its conservation measures, the CBD is also an economic treaty
in the sense that it develops and regulates the ongoing exchange of genetic
resources and, in particular, the emerging trade in biotechnology. During the
negotiations of the CBD the concept of the trade in biotechnology dominated
much of the discussions surrounding the Convention. This was the cause of
deep differences between the technologically rich north and the biodiversity
rich south.
It was and still is apparent that developed countries, or corporate companies
in these countries, exploit natural recourses only found in developing
countries, without sharing the resulting proceeds. It is shown that uneven
distribution of natural, technological and economic resources occur in
relationships between the northern hemisphere and its southern counterpart.
It is a well-known fact that the northern hemisphere is financially and
technologically superior to its southern counterpart.
Intellectual property rights ("IPR"), with specific reference to patent law,
enables developed countries andlor companies in those countries to exploit
this economic discrepancy. Developed countries accordingly acquire
biological recourses and exploit them with resulting benefits thereby
circumventing the sharing of such benefits through IPR systems. Benefits are
thereby withheld from developing countries that provide such genetic
recourses. The author will mainly focus on the question that arises as to how
the CBD addresses benefit sharing in the light of the differences between the
northern developed- and southern developing countries.
South Africa will be studied as an example of a developing country that
incorporated the provisions of the CBD in its national legislation as it
promulgated the National Environmental Management: Biodiversity Act (BDA),
which embodies the guidelines and principles for bioprospecting and benefit
sharing, captured in the CBD and the Cartagena Protocol. The provisions
contained in the BDA will be used as a practical example of the application of
the CBD in the municipal law of developing countries.Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2007.
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Mohamad, Hashim Haswira Nor. "Enabling open access to and re-use of publicly funded research data in Malaysian public universities : a legal and policy analysis." Thesis, Queensland University of Technology, 2012. https://eprints.qut.edu.au/63944/1/Haswira_Mohamad_Hashim_Thesis.pdf.
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Numerous statements and declarations have been made over recent decades in support of open access to research data. The growing recognition of the importance of open access to research data has been accompanied by calls on public research funding agencies and universities to facilitate better access to publicly funded research data so that it can be re-used and redistributed as public goods. International and inter-governmental bodies such as the ICSU/CODATA, the OECD and the European Union are strong supporters of open access to and re-use of publicly funded research data.
This thesis focuses on the research data created by university researchers in Malaysian public universities whose research activities are funded by the Federal Government of Malaysia. Malaysia, like many countries, has not yet formulated a policy on open access to and re-use of publicly funded research data. Therefore, the aim of this thesis is to develop a policy to support the objective of enabling open access to and re-use of publicly funded research data in Malaysian public universities. Policy development is very important if the objective of enabling open access to and re-use of publicly funded research data is to be successfully achieved.
In developing the policy, this thesis identifies a myriad of legal impediments arising from intellectual property rights, confidentiality, privacy and national security laws, novelty requirements in patent law and lack of a legal duty to ensure data quality. Legal impediments such as these have the effect of restricting, obstructing, hindering or slowing down the objective of enabling open access to and re-use of publicly funded research data. A key focus in the formulation of the policy was the need to resolve the various legal impediments that have been identified.
This thesis analyses the existing policies and guidelines of Malaysian public universities to ascertain to what extent the legal impediments have been resolved. An international perspective is adopted by making a comparative analysis of the policies of public research funding agencies and universities in the United Kingdom, the United States and Australia to understand how they have dealt with the identified legal impediments. These countries have led the way in introducing policies which support open access to and re-use of publicly funded research data. As well as proposing a policy supporting open access to and re-use of publicly funded research data in Malaysian public universities, this thesis provides procedures for the implementation of the policy and guidelines for addressing the legal impediments to open access and re-use.
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Davis, Deidra Denice. "Access to Fresh Foods: Socio-Economic Characteristics of Illinois Farmers' Markets Participating in Government Funded Food Assistance Programs." OpenSIUC, 2012. https://opensiuc.lib.siu.edu/theses/818.
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The USDA's Supplemental Nutrition Assistance Program's (SNAP) strives to connect SNAP recipients to local and healthful food sold at Farmers' markets. These efforts are an attempt to provide families, struggling to make ends meet, access to healthy foods and food purchasing power via the Federal Food Stamp program. However, of the 288 listed farmers' markets in Illinois only 25 are listed as SNAP/EBT accepting markets (2010 National Farmers Market Directory). The first part of this study uses the 61st Street Farmers Market as a case study, investigating the practical market operations and interpreting their method of EBT implementation to provide an established model of an existing and thriving farmers' market. Next, I will investigate the socio-economic characteristics (population, race, employment, income, poverty, education, age, and SNAP recipients) of Illinois farmers' markets accepting EBT. I will compare this data to other Illinois Farmers' markets that do not accept EBT and assess which non-accepting market locations would be most suitable for implementing EBT usage in the future. Finally, based on my case study and statistical analysis, I will discuss recommendations for farmers' markets to accept EBT into their markets. Findings indicate that there is no significant difference between the mean ranks of the socio-economic characteristics for the EBT and non-EBT accepting farmers' markets. Of the 8 socio-economic characteristics tested, the populations of SNAP recipients were analogous for each group: EBT and Non-EBT accepting farmers' markets.
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Shawa, Remmy Malama. "Conceptualising the right to enjoy benefits of scientific progress and exploring its potential to enhance access to effective diagnosis and treatment of drug-resistant tuberculosis in South Africa." Doctoral thesis, Faculty of Health Sciences, 2019. https://hdl.handle.net/11427/31747.
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The lack of access to effective diagnosis and treatment of drug-resistant tuberculosis (DR-TB) remains a persistent global challenge. Human rights arguments for access to treatment mostly focus on the right to health. However, a key challenge in access to effective diagnosis and treatment is the glaring absence of scientific research in neglected diseases such as TB. This thesis sets out to elaborate the right to enjoy the benefits of scientific progress and explore its potential to increase scientific research in DR-TB and consequently enhance access to effective diagnosis and treatment in South Africa. This research project was conducted using three interrelated sub-studies; a legal analysis sub-study which examines the current conceptualisation of the REBSP in international law; a policy analysis sub-study which interrogates South Africa’s legal and policy efforts towards the realisation of the REBSP and access to diagnosis and treatment for DR-TB; and a qualitative sub-study which explores the South African context regarding research and development (R&D) in general, and in DR-TB in particular. The qualitative sub-study included 17 stakeholders who are active in TB R&D, advocacy and policy work, from human rights and research institutions, government agencies, civil society organisations, and donor agencies. This thesis finds that the REBSP essentially ensures two things, namely the production of science and access to the benefits of scientific progress. However, most countries including South Africa have systems, policies and resources aimed at advancing the production of science but lack similar systems, policies and resources to purposely ensure the enjoyment of the benefits from scientific progress. Internationally, there is no clear guidance on the interpretation of the REBSP, making it difficult for states to domesticate it in their national policies and framework laws. A General Comment by a UN human rights monitoring body is therefore urgently needed to secure global consensus on the interpretation of the REBSP. In the meanwhile, South Africa can still draw inspiration for the REBSP and together with the right to health, use it to advance access to DR-TB diagnosis and treatment alongside many other interventions. To enable better access to effective diagnosis and treatment of DR-TB, this thesis recommends that South Africa i) develops systems that would make scientific progress and results accessible, and affordable; ii) removes system and regulatory barriers that hinder the conduct of research or that delay registration of new drugs; iii) monitors and regulates the conduct of third parties and prevent them from exploiting communities; iv) encourages pharmaceutical companies to provide free access to successful treatment and tools in communities where trials are conducted; and v) mobilises financial and technical resources and allocates them to DR-TB researchfrom drug discovery through to implementation science.
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Thi, Huong Trang Tran. "The Nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization : integration into national laws in particular in Vietnam." Limoges, 2012. http://aurore.unilim.fr/theses/nxfile/default/cdfabc5a-e279-4b24-97a8-2ca557382e8b/blobholder:0/2012LIMO1009.pdf.
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Genetic resources are not only component of nature that need be protected but also has economic, social, cultural values for development. Approaching genetic resources under those two aspects of "conservation" and "development" one of three objectives of Convention on Biological Diversity (CBD) and the goal of the Nagoya Protocol is "Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from Their Utilization. The Nagoya Protocol adopted in October 2010 by the 10th Conference of the parties to the CBD, is a landmark for the international governance of biodiversity and a milestone in the development of the international regime governing biodiversity. However, the Protocol has been criticized as "imperfect" and "incomplete" because of ambiguities, gaps and generalities. Each country that becomes a Party to the Protocol will need to develop national legislation to meet its obligations under the Protocol, filling in gaps with national legislation in accordance with its particular situation. The integration of the Protocol into national law is important in both meanings of the first process and the bridge of putting the legal provisions of the Protocol into practice. However, there are many problems that need defined and analyzed as the bases to find solutions. The first part of this thesis analysis of problems of the Protocol in the international context, relations with the others relevant international treaties and all the contents, intrinsic problems of the Protocol in both legal and technical, scientific aspects. The part 2 of the thesis clarifies all related legal problems of integration into national law such as weakness of international law, legal points of views : dualism and momism, non-self executive treaties, the principles, methods, measures and other factors. Then, it provides case studies of national laws of Brazil, South Africa, France and takes a closer look in to practice of national legislation of VietnamLes ressources génétiques sont une composante de la nature qui doit être protégée pour ses valeurs économiques, sociales et culturelles. En approchant des ressources génétiques en vertu de deux aspects de la "conservation " et du "développement", l'un des trois objectifs du Protocole de Nagoya est l'accès aux ressources génétiques à la Convention sur la diversité biologique (CDB) et un partage juste et équitable des avantages découlant de leur utilisation. Le Protocole de Nagoya adopté en octobre 2010 lors de la 10e Conférence des Partis à la CDB, marque un tournant pour la gouvernance internationale de la biodiversité et un jalon dans le développement du régime international régissant la biodiversité. Toutefois, le Protocole a été qualifié d' "imparfait" et d' "incomplet" en raison d'ambiguitiés, de lacunes et de généralités. Chaque Etat partie au Protocole doit élaborer une législation nationale pour répondre à ses obligations, et combler les lacunes par une mise en conformité avex celui-ci. L'étude de l'intégration du protocole dans le droit national est importante parce qu'il s'agit du premier instrument juridique dans ce domaine et que l' analyse de sa transition met en lumière les différentes voies envisageables. Cependant, celle-ci peut soulever de nombreux problèmes et necesite de définir et d'analyser ces bases pour trouver des solutions. La première partie de cette thèse propose une analyse des problèmes du Protocole dans le contexte international, les relations avec les autres traités internationaux pertinents et tous les problèmes intrinsèques du Prtotocole dans ses aspects juridiques, scientifiques et techniques. La seconde partie de la thèse clarifie tous les problèmes juridiques pertinents de l'intégration dans la législation nationale et traite de la faiblesse du droit international au regard des systèmes juridiques monistes et dualistes, les traités non-auto-éxécutoires, les principes, méthodes et mesures. Elle analyse également les droits nationaux du Brésil, d' Afrique du Sud, de la France et un regard plus proche dans la pratique avec la législation nationale du Vietnam
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Rehnlund, Mathilde. "In the Best of Worlds : Benefit sharing and sustainable development in Babati, Tanzania." Thesis, Södertörn University College, School of Life Sciences, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-2256.
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Genetic resources are vital to all people, but especially the poor. They are also important for biodiversity, in turn a key factor in sustainable development. Since 1980, the bio industries have utilized genetic resources in their work, for example on pharmaceuticals, and patented their findings. This has created mistrust and malcontent among biodiverse poor countries in the South. To promote biodiversity protection and ensure access to and fair and equitable sharing of the benefits from the usage of genetic resources, the Convention of Biological Diversity requests an international regime. Negotiations for the Access and Benefit Sharing regime began in 2001 and have intensified as its end date, 2010, draws nearer.
People in Babati, Tanzania are as dependant on traditional medicine, which utilizes wild genetic resources, as they are on modern medicine. The status in the regime of communities such as those of Babati is principally important if sustainable development is to be reached. The greatest issue for the model currently under negotiation to deal with in order to truly promote sustainable development is equity.
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Peyen, Loïc. "Droit et biopiraterie. Contribution à l'étude du partage des ressources naturelles." Thesis, La Réunion, 2017. http://www.theses.fr/2017LARE0005.
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Sources de convoitises, les ressources naturelles font parfois l'objet d’actes de prédation tels que la biopiraterie. Le phénomène, de plus en plus médiatisé, mais encore largement sous-étudié, est souvent dénoncé comme un véritable pillage des ressources naturelles. En fait, même si elle recouvre une réalité plurielle, la pratique de la biopirateriepeut être caractérisée comme un accaparement des ressources naturelles. Saisie comme telle, il est permis de comprendre comment elle est née et a évolué, ce qui est du plus grand intérêt pour son appréhension. Aussi, parce que la biopiraterie interroge les modalités de partage des ressources naturelles, elle contribue à un renforcement des dimensions solidaristes du statut juridique de ces ressources. Cependant, si des règles existent, elles ne sont pas pleinement satisfaisantes. Cette situation invite à une réflexion plus globale sur le statut juridique de l'environnement et conduisant à le considérer, juridiquement, comme un bien communBecause they are highly desired, natural resources are subjected to acts of predation, like biopiracy. The phenomenon draws more and more attention but is still not much studied. It is often condemned as real plundering of natural resources. Indeed, even if it covers a pluralist reality, the biopiracy practice can be characteristic of a monopolizing of naturalresources. Thus, it is possible to understand how it emerged and developed, which is important to comprehend it. Furthermore, biopiracy raises the question of the sharing conditions of natural resources and thereby contributes to strengthen the solidarist dimensions of the natural resources legal status. However, current rules are insufficient. This situation is inviting for a general reflection about the legal status of the environment that leads to consider it as a common good
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Wilkinson, David. "An examination of the costs and benefits of the quality assurance mechanisms of Authorised Validating Agencies applicable to three key stakeholder groups - higher education institutions, Access Course providing institutions and students." Thesis, City University London, 2000. http://openaccess.city.ac.uk/8161/.
Full textAbstract:
This work outlines the history of Access Courses and explains the National quality assurance framework established to co-ordinate standards within such provision. The National Framework consists of a number of Authorised Validating Agencies (AVAs) who have been empowered to validate Access provision subject to various quality assurance mechanisms. The quality assurance requirements of AVAs are generalised and the effects they have, in terms of costs and benefits, to a number of stakeholders are detailed. Key stakeholders identified are the providing institution, students, and higher education institutions. The general principles of cost-benefit analysis are outlined along with case study examples. A computer-based model is produced with the capability of manipulating the generalisable costbenefit factors to accommodate local conditions and could therefore be used as a decision support aid by the three key stakeholder groups. The application of the model beyond the case studies is also discussed. The problematic nature of applying cost-benefit analysis to the quality assurance mechanisms of Access Courses is also considered. Areas where further research is required are outlined.
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Täuber, Sabine [Verfasser]. "Contract Standardisation as an Instrument for Access and Benefit-Sharing under the Convention on Biological Diversity: A Governance Analysis of Transactions with Genetic Resources / Sabine Täuber. Landwirtschaftliche Fakultät." Bonn : Universitäts- und Landesbibliothek Bonn, 2011. http://d-nb.info/1016188218/34.
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Cunha, Filho Marcelo de Castro. "Quanto custa o conhecimento tradicional? Análise das regras de acesso e de repartição de benefícios no Brasil." Universidade Federal de Juiz de Fora, 2015. https://repositorio.ufjf.br/jspui/handle/ufjf/202.
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FAPEMIG - Fundação de Amparo à Pesquisa do Estado de Minas Gerais
O presente trabalho tem o objetivo de analisar o tratamento legislativo dado pelo direito brasileiro aos casos de biopirataria de conhecimento tradicional. Partindo-se das proposições críticas de Axel Honneth acerca da liberdade e do reconhecimento, desenhou-se um quadro analítico de conceitos, o qual, uma vez aplicado sobre o objeto da pesquisa através do procedimento da análise de conteúdo, permitiu a visualização de um conhecimento latente até então não revelado pela linguagem aparente da legislação. Após a classificação dos requisitos relativos ao acesso e à repartição de benefícios segundo as rubricas “monetárias” e “não-monetárias”, chegou-se à conclusão de que aqueles, relativos ao acesso, reproduzem um espaço potencialmente garantidor da liberdade, ao passo que estes, atinentes à repartição de benefícios, incorporam uma dimensão patológica. Este último caso se deve em virtude de sua elaboração ter cedido à proteção de interesses supostamente universalistas, à semelhança do que ocorre com as trocas econômicas/monetárias, que impedem a realização plena da liberdade nesse espaço social.
This study aims to analyze the Brazilian legal Acts on cases of biopiracy of traditional knowledge. Stemming from Axel Honneth´s critical propositions about freedom and recognition, an analytical framework of concepts is created, which, once applied on the object of the research through the analysis content procedure, enabled the visualization of some latent knowledge which is not revealed by the apparent language of the legislation. After the classification of requirements for access and benefit sharing under the headings "monetary" and "non-monetary", the conclusion is that those requirements, relating to access, reproduce a potentially guarantor space of freedom, whereas these, relating to sharing of benefits, incorporate a pathological dimension. The latter case is derived from the fact that its protection has been elaborated based on supposedly universal interests, similar to what occurs with the economic exchanges, which prevents the fulfillment of freedom in this social space.
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Moody, Oluwatobiloba Oluwayomi. "The Nagoya protocol: a possible solution to the protection of traditional knowledge in biodiverse societies of Africa." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3647_1367480696.
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There is a growing interplay of competing realities facing the international community in the general areas of innovation, technological advancement and overall economic development. The highly industrialised wealthy nations, largely located on the Northern hemisphere are on the one hand undoubtedly at the forefront in global research, technology and infrastructure development. The developing and least developed countries on the other hand are mostly situated on the Southern hemisphere. They are not as wealthy or technologically advanced as their
Northern counterparts, but are naturally endowed with unique variations of plant, animal and micro-organism species occurring in natural ecosystems, as well as the traditional knowledge on
how to use these unique species. This knowledge has been adjudged to be responsible for the sustainable maintenance of the earth&rsquo
s biodiversity. Increasing exploitation of biodiversity,
spurred on by the competing realities identified above, has left the earth in a present state of alarm with respect to the uncontrolled loss of biodiversity. The traditional knowledge of local
peoples has significantly offered leads to research institutes from the North in developing major advancements in drugs, cosmetics and agriculture. Little or no compensation has however been seen to go back to the indigenous
communities and countries that provide resources, and indicate various possibilities through their traditional knowledge to the use of such resources. Efforts by some biodiversity rich countries to
ddress this trend through legislation developed in accordance with the principles of the Convention on Biological Diversity have been frustrated due to the inability to enforce their domestic laws outside their borders. Theft of genetic resources and its associated traditional knowledge
from such countries has therefore remained a major challenge. Against this backdrop, and on the
insistence of biodiversity-rich developing countries, an international regime on access and benefit sharing was negotiated and its final text adopted in 2010. This international regime is as
contained in the Nagoya Protocol. This research sets out to examine whether the Nagoya Protocol offers a final solution to the protection of traditional knowledge associated with biodiversity in
biodiverse countries. It further examines the importance of domestic legislation in achieving the objectives of the Protocol. The research has been tailored to African biodiverse countries, and
seeks these answers within the context of Africa.
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Cavalcanti, Cintia Munch. "Impactos socioambientais locais decorrentes de acesso aos recursos genéticos para fins comerciais." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/91/91131/tde-29112010-095301/.
Full textAbstract:
O presente estudo tem como objetivo analisar através de um estudo de caso os impactos socioambientais locais decorrentes de dois acordos comerciais para o acesso aos recursos genéticos e participação nos benefícios entre uma empresa de cosméticos e um grupo de pequenos produtores rurais da região do Vale do Ribeira-SP. Embora acordos entre empresas privadas e comunidades locais para a utilização comercial de componentes da biodiversidade venham sendo estimulados atualmente como forma de conciliar o uso sustentável dos recursos naturais com desenvolvimento local, alguns estudos têm demonstrado que, além de benefícios, tais acordos podem ter efeitos socioambientais negativos sobre as condições locais em que são estabelecidos. No Brasil, desde 2001, vigora a Medida Provisória 2.186-16/01 que regulamenta a Convenção sobre Diversidade Biológica (CDB) no país instituindo normas para o acesso a componentes do patrimônio genético e aos conhecimentos tradicionais associados. Tais normas baseiam-se, fundamentalmente, na anuência prévia e na repartição de benefícios junto a seus provedores. Apesar da existência desses instrumentos jurídicos, ainda pouco se sabe a respeito de sua aplicação prática e de seus impactos locais. A partir de técnicas qualitativas (entrevistas semiestruturadas, observação participante e análise documental) ao longo de um ano foram levantados dados a respeito do estabelecimento de dois acordos para a utilização de recursos genéticos para fins comerciais e de seus efeitos sobre: (i) a geração e distribuição de renda; (ii) a infraestrutura local e acesso à tecnologia; (iii) a organização social e; (iv) o uso dos recursos naturais locais (i.e. solo, recursos vegetais e hídricos). Os resultados mostraram impactos positivos diretos sobre a geração de renda e sobre o acesso à tecnologia e infraestrutura local. A respeito da organização social do grupo, a falta de uma plataforma para ação coletiva e seu reconhecimento jurídico são obstáculos à maior participação e à sua autonomia. Os impactos diretos e indiretos sobre uso dos recursos naturais observados foram: transformações no uso do solo através do aumento de espécies cultivadas, da redução de áreas com cultivos ou criações de animais para subsitência e da mudança no manejo e nos insumos empregados e; transformações no uso dos recursos vegetais através do aumento da extração da espécie alvo, no primeiro acordo, e do consumo de madeira para lenha, no segundo. Embora a realização de acordos comerciais para a utilização da biodiversidade tenha apresentado potencial para contribuir para o desenvolvimento local e para a conservação da biodiversidade, a realização de novos estudos em diferentes contextos se faz necessária para um maior entendimento de correlações e possíveis trade-offs entre fatores sociais e ambientais.The aim of this study is to analyze local socio-environmental impacts resulting from two commercial agreements for the access to genetic resources and benefit sharing between a cosmetic company and a group of smallholders from Vale do Ribeira-SP region. Although agreements between private companies and local communities for the commercial use of biodiversity components have been encouraged today as a way to conciliate the sustainable use of natural assets with local development, some studies have demonstrate that beyond of its benefits, these agreements may have negative socio-environmental effects on local conditions where it was established. In Brazil, since 2001, the Provisional Executive Order 2.186-16/01 which regulates the Convention of Biological Diversity in country establishing rules for the access to genetic resources and traditional knowledge was released. These rules are fundamentally based on the prior acceptance and benefit sharing along with its providers. Despite the existence of those juridical tools, yet little is known about its practice enforcement and its local impacts. Qualitative techniques (semi-structured interviews, participant observation and documental analysis) were adopted to gather data about the establishment of two commercial agreements for the use of genetic resources and its effects on: (i) income generation and distribution; (ii) local infrastructure and access to technology; (iii) social organization and; (iv) use of local natural assets (i.e. soil, water and vegetable resources). The results show positive direct impacts on income generating, local infrastructure and access to technology. About the social organization of the involved group, the lack of one platform for collective action just as legal acknowledgement are both drawbacks to effective participation of its members and their greater autonomy. As regards environmental impacts it was observed: transformations in land use by increase of cultivating species, reduction of areas occupied by subsistence cultures or animal husbandry, changes in applied handling and raw materials and; transformations in the use of vegetable resources by the raise of target specie, in the first agreement, and by the increase of firewood consume, in second one. On the one hand, the realization of commercial agreements shows oneself to be a possible manner to contribute to local development and to biodiversity conservation. In the other hand, we still need new studies in different contexts for a better understanding of the correlations and trade-offs between social and environmental factors.
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Vrillon, Eléonore. "De l'égalité formelle aux usages réels : déterminants et effets du suivi des MOOC dans les trajectoires socio-professionnelles." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCH014/document.
Full textAbstract:
L’éducation et la formation sont des institutions centrales de notre société. Garantes de l’intégration sociale et professionnelle des individus, elles ont aussi été érigées en piliers stratégiques du dynamisme économique dans la « société de la connaissance » (CE, 2000). Pour autant, bien que porteuses des valeurs démocratiques, elles sont le lieu d’observation de nombreuses inégalités, tant en formation initiale que professionnelle. Dans un contexte de précarisation du marché du travail, où le diplôme est nécessaire mais ne semble plus suffire pour assurer une intégration professionnelle stable, l’essor des Massive Open Online Course (MOOC) questionne. À partir d’une enquête mixte longitudinale, cette recherche s’est attachée à répondre à la problématique générale suivante : dans quelle mesure l’égalité formelle d’accès aux MOOC se traduit-elle par une égalité des chances pour les individus de les utiliser, d’y réussir et d’en tirer des bénéfices (objectifs et subjectifs) ? Cette étude des usages sociaux des MOOC et de leurs effets dans les trajectoires individuelles a été réalisée à partir de l’analyse de 5709 réponses d’inscrits au sein de 12 MOOC de France Université Numérique (FUN), réinterrogés un an plus tard (n=1778), et de 32 entretiens. Arguant en faveur d’une reproduction sociale des inégalités d’accès, les résultats montrent que l’égalité formelle d’accès ne suffit pas à une appropriation par tous de ces ressources. Ces usages restent principalement le fait d’individus détenant un capital humain élevé, bénéficiant d’une « insertion professionnelle assurée » (Paugam, 2007[2000]), coutumiers de la formation professionnelle et ayant d’intenses pratiques culturelles. Plus qu’une nouvelle voie d’accès à la formation, les MOOC semblent constituer un moyen supplémentaire, nécessitant des prérequis implicites. Pour autant, la construction d’une typologie d’usage a permis de mettre au jour que les MOOC peuvent constituer, même pour ces derniers, une réelle opportunité de formation. Majoritairement saisis dans un rapport a priori désintéressé de loisirs culturels, ils sont aussi utilisés pour satisfaire des objectifs formatifs variés. Ces six registres d’usage sont par ailleurs plus faiblement déterminés. L’évaluation de la réussite, lorsque les critères de l’achèvement et de la certification sont pertinents, met en évidence, pour ces individus favorisés, une égalité des chances d’y parvenir. Bien que ces usages sociaux n’aient, à court terme, aucun effet objectivable sur les trajectoires socio-professionnelles, ils sont porteurs de bénéfices plus subjectifs. Selon les particularités et la temporalité des « parcours biographiques » (Bourdon, 2010), ils participent au développement des identités personnelles et professionnelles ainsi qu’à une amélioration du vécu de certaines transitions. Loin de concurrencer en France le rôle des diplômes dans les parcours sociaux, les MOOC semblent plutôt en constituer un nouveau halo et participer à l’avènement d’une ère du signalement tout au long de la vieEducation and vocational training are central institutions in today’s society. They play an important role in guaranteeing people’s social and professional integration. They are also considered strategic pillars of economic growth in “the knowledge society” (CE, 2000). However, despite their basis in democratic values and principles, there are still many inequalities in access and outcomes in both compulsory academic and vocational education. Moreover, because of the increasing flexibility and insecurity of work in the current labor market, a diploma is a necessary, but not sufficient, condition for stable employment. In this context, the rise of Massive Open Online Courses (MOOC) raises questions about their contribution to the educational aims of equality and efficacy. Based on a mixed-methods approach, this thesis addresses the following research problem: To what extent does the formal equality of MOOC give people equal opportunities to use them, succeed in them, and earn tangible and subjective benefits? The analyses are carried out on data collected from 5709 people enrolled in 12 MOOC on the FUN platform, interviewed again one year later (n=1778), and on 32 interviews. Results show that the use of MOOC seems to reproduce social inequalities in educational access. Indeed, the people who enroll already have high levels of human capital and highly stable and qualified employment; furthermore, they are accustomed to professional training and have intense cultural practices. Rather than acting as a new way to access education and training for underserved people, MOOC seem to be a new resource for privileged individuals, and access to them appears to require implicit prerequisites. However, the typology of MOOC uses shows that even for these people, MOOC can be an additional training opportunity. Mainly used for disinterested purposes, such as “edutainment” or cultural interest, they are also real training and educational supports. Nevertheless, these types of uses are not strongly determined. When achievement and certification are used as indicators to assess the success of these social uses, results show no social inequalities in outcomes. However, at least in the short term, participating in a MOOC does not have any tangible impact on professional careers: Rather, their effects are subjective. Considering the “biographical path” of these people (Bourdon, 2010), I find that they use MOOC both to sustain individual and professional identities and to facilitate social transitions. Instead of competing with the role played by diplomas in France, MOOC seem to be a new “halo” of these educational credentials, participating in the development of the need to acquire skills throughout one’s career and reinforcing the trend towards life-long learning
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Gössling, Luciana Manica. "A LEI 13.123/15 ENQUANTO MECANISMO DE TUTELA DA BIODIVERSIDADE BRASILEIRA E O PROTOCOLO DE NAGOIA." Universidade Federal de Santa Maria, 2016. http://repositorio.ufsm.br/handle/1/6402.
Full textAbstract:
The Convention on Biological Diversity, designed in 1992, was intended to protect
the conservation and sustainable use of biological diversity and the equitable fair
distribution of benefits from the utilization of genetic resources ( English term, "ABS").
The third objective remains not sufficiently cleared and the countries felt the need to
legislate on the subject before the eminent importance of the rights arising from the
exploitation of genetic resources and traditional knowledge associated with them and
the transboundary damage from predatory exploitation. Countries faced with a
growing biodiversity degradation in an uncontrolled and a reduction of fauna and flora
form. They start question the exploratory use and necessary preservation of
sociobiodiversity for future generations based on interculturalism, and the effect of
such rights in social harvest, cultural, political and economic. To address such
conflicts on the international scene came the Nagoya Protocol, and in Brazil, Law
13.123/ 2015. Both laws walked in the same direction, with flexible access to
traditional knowledge and biodiversity, striving for expansion of research and
innovation. The literature search was performed using the deductive method, lying on
the theme Rights Research Line Sociobiodiversity and Sustainability. The Nagoya
Protocol left the national legislation up to each country, bringing minimum dictates.
Brazil has not ratified but implemented specific legislation that included the protection
of genetic resources and associated traditional knowledge, however, gave way to
exploratory mean.A Convenção sobre Diversidade Biológica, concebida em 1992, destinou-se à proteção da conservação e o uso sustentável da diversidade biológica além da repartição justa equitativa dos benefícios provenientes da utilização dos recursos genéticos (termo em inglês, ABS ). O terceiro objetivo não restou suficientemente aclarado e os países signatários sentiram a necessidade de legislar sobre o tema diante da notória importância dos direitos advindos da exploração dos recursos genéticos e dos conhecimentos tradicionais a eles associados e os danos transfronteiriços decorrentes da exploração predatória. Os países se depararam com uma crescente degradação da biodiversidade, de forma descontrolada e uma redução da fauna e da flora. Passou-se a questionar o uso com viés exploratório e a necessária preservação da sociobiodiversidade para as gerações futuras tendo por base a interculturalidade, e o reflexo de tais direitos na seara social, cultural, política e econômica. Para enfrentar tais embates, no cenário internacional exsurgiu o Protocolo de Nagoia e, no Brasil, a Lei 13.123, de 2015. Ambas as legislações caminharam no mesmo sentido, flexibilizando o acesso aos conhecimentos tradicionais e à biodiversidade, primando pela expansão da pesquisa e da inovação. A presente pesquisa bibliográfica foi feita utilizando-se do método dedutivo, encontrando-se na temática na Linha de Pesquisa de Direitos da Sociobiodiversidade e Sustentabilidade. O Protocolo de Nagoia deixou a regulamentação nacional a cargo de cada país, trazendo ditames mínimos. O Brasil não o ratificou, mas implementou legislação específica que compreendeu a proteção aos recursos genéticos e os conhecimentos tradicionais associados, todavia, cedeu lugar ao viés exploratório.
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Ulaner, Magnus. "Privatiseringen av de växtgenetiska allmänningarna : Konsekvenserna av regimkomplexet kring växtgenetiska resurser för bönders rättigheter och matsäkerhet." Thesis, Södertörns högskola, Institutionen för livsvetenskaper, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-17472.
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This thesis discusses the global regime complex concerning the management of plant genetic resources for food and agriculture, and how different regimes concerning these resources cooperate or stand in opposition to each other. Because of changes in US patent law and the establishment of TRIPS, patent claims over plant genetic resources has increased dramatically globally. This, amongst other things, in turn has lead to the development of CBD which in turn lead to the creation of access and benefit laws in many countries. To create a free flow of genetic resources for food and agriculture the ITPGRFA, with its multilateral system, were negotiated. The aim of this thesis is to investigate which consequences the regime complex concerning plant genetic resources for food and agriculture can have on the rights of small farmers, agricultural research and food security in the global South. The thesis shows how patents and strict access laws creates a situation where more and more actors has exclusive rights which excludes others from using these, for the global food security, essential resources. Further it is shown that there also are processes going on within the UPOV that risk to take away farmers right to save seeds, and thereby make them dependent on the more and more monopolistic global seed markets dominated by a few multinational corporations. It is established that ITPGRFAs multilateral system is an opening in this hyperownership of plant genetic resources for food and agriculture; but that the international community at the same time has to see to that the patent claims on plant genetic resources not violate farmers’ rights to their resources.Denna uppsats behandlar det globala regimkomplexet för förvaltningen av växtgenetiska resurser för livsmedel och jordbruk, samt hur avtalen rörande dessa resurser samverkar eller står i motsättning till varandra. I och med förändringar i amerikansk patentlagstiftning och upprättandet av TRIPS har patentanspråk på växtgenetiska resurser ökat dramatiskt, vilket i sin tur påverkade tillkomsten av CBD vilken innefattar upprättandet av lagstiftning rörande tillträde till och den rättvisa fördelningen av nyttor härstammande från, genetiska resurser. För att möjliggöra ett relativt fritt flöde av växtgenetiska resurser har ITPGRFA med dess multilaterala system fram förhandlats. Syftet med denna uppsats är att undersöka vilka konsekvenser den nuvarande globala förvaltningen av växtgenetiska resurser för livsmedel och jordbruk kan få för jordbruksforskning, småbönders rättigheter och matsäkerhet i Syd. Uppsatsen visar på hur patent och tillträdeslagstiftningar skapar en situation där fler och fler parter innehar rättigheter att utestänga andra från att nyttja dessa, för den globala matsäkerheten, essentiella resurser. Vidare visas på hur det samtidigt pågår processer inom UPOV som riskerar att undanta bönder rätten att spara utsäde och därmed göra dem beroende av de i allt högre grad monopolartade frömarknaderna, vilka domineras av att fåtal multinationella företag. Här konstateras även att ITPGRFAs multilaterala system är en öppning i detta hyperägande, men att det internationella samfundet samtidigt måste försäkra att patentanspråk inte kränker bönders rättigheter till sina resurser.
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Shi, Xiaoxiang. "Towards a relational theory of copyright law." Thesis, Queensland University of Technology, 2010. https://eprints.qut.edu.au/41761/1/Xiaoxiang_Shi_Thesis.pdf.
Full textAbstract:
This research provides a systematic and theoretical analysis of the digital challenges to the established exclusive regime of the economic rights enjoyed by authors (and related rightholders) under the law of copyright. Accordingly, this research has developed a relational theory of authorship and a relational approach to copyright, contending that the regulatory emphasis of copyright law should focus on the facilitation of the dynamic relations between the culture, the creators, the future creators, the users and the public, rather than the allocation of resources in a static world. In this networked digital world, the creative works and contents have become increasingly vital for people to engage in creativity and cultural innovation, and for the evolution of the economy. Hence, it is argued that today copyright owners, as content holders, have certain obligations to make their works accessible and available to the public under fair conditions. This research sets forward a number of recommendations for the reform of the current copyright system.
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Brites, Alice Dantas. "Monitoramento dos efeitos ecológicos e socioeconômicos da comercialização de produtos florestais não madereiros." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/90/90131/tde-24032011-215203/.
Full textAbstract:
A comercialização de produtos florestais não madeireiros (PFNMs) popularizou-se como atividade promotora do desenvolvimento socioeconômico de comunidades florestais com baixo impacto ambiental. Há evidências, contudo, de que a exploração possa produzir efeitos ecológicos e socioeconômicos negativos, sugerindo que é necessário monitorar tais iniciativas. A comercialização frequentemente ocorre em áreas remotas e em contextos de pobreza, como é o caso de muitas daquelas da Amazônia brasileira. Desta forma, é necessário que o monitoramento restrinja-se a avaliar os efeitos evidenciados como mais comuns em estudos anteriores. Este estudo revisa e sintetiza as evidências científicas dos efeitos da exploração de PFNMs sobre parâmetros ecológicos e socioeconômicos e, a partir daí, indica aqueles mais relevantes ao monitoramento. O estudo também levanta até que ponto o monitoramento é implementado no contexto da Amazônia brasileira e avalia quais os parâmetros importantes e viáveis de monitoramento neste caso específico. Para isso, foram realizadas revisões sistemáticas da literatura e a consulta a profissionais da área através do método Delphi. Os resultados indicam que efeitos ecológicos negativos são frequentes, principalmente quando se coletam folhas ou cascas. Alterações em órgãos ou processos fisiológicos e a taxa de sobrevivência dos espécimes explorados são parâmetros que devem ser monitorados, em particular quando se coletam frutos e partes vegetativas. Para todos os tipos de PFNMs, o tamanho e a estrutura populacional são parâmetros prioritários ao monitoramento. A riqueza de espécies da comunidade explorada merece atenção, principalmente quando se coletam frutos. Para os aspectos socioeconômicos, efeitos positivos foram mais frequentes que negativos. A contribuição da renda monetária obtida com o comércio na renda total, a regularidade de ingresso desta renda e o papel dos PFNMs como recursos de salvaguarda são parâmetros do capital financeiro prioritários ao monitoramento. Para o capital social, o empoderamento feminino, a coesão de grupo e o acesso aos benefícios gerados pela comercialização devem ser monitorados. Na Amazônia brasileira são poucas as iniciativas de implementação do monitoramento da comercialização de PFNMs. Embora este seja considerado importante, existem dificuldades que derivam principalmente da falta de apoio institucional, políticas de incentivo e de recursos financeiros. Os profissionais participantes do Delphi consideram que os parâmetros ecológicos mais importantes a monitorar neste contexto são o tamanho e a estrutura populacional do recurso explorado, o aumento da taxa de mortalidade, a quantidade total de recurso extraída e a técnica de coleta utilizada. Para os parâmetros econômicos, aspectos do mercado, como o preço pago ao coletor, a demanda e a qualidade do produto, bem como a renda monetária obtida pelos indivíduos são os parâmetros considerados mais importantes. Por fim, para os aspectos sociais, os efeitos na cultura, na qualidade de vida e na organização interna da comunidade foram priorizados. Os profissionais indicam que é viável estabelecer o monitoramento dos parâmetros levantados.Amazon, non-timber forest products, ecological effects, socioeconomic effects, monitoring.
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Kizungu, Dieu-Donne Mushamalirwa. "Access to genetic resources and sharing of benefits arising out of their utilization : a critical analysis of the contribution of the Nagoya Protocol to the existing international regime on access and benefit-sharing." Thesis, 2012. http://hdl.handle.net/10413/9894.
Full textAbstract:
Prior to the commencement of the Convention on Biological Diversity (CBD), genetic
resources were considered to be the common heritage of mankind; this principle gave
the right to developed countries to obtain and freely use the genetic material of developing countries.
Growing concern over the controversial ‘free access’ system and the monopolization of
benefits led to the negotiation of an international treaty, the CBD, to regulate access to
genetic resources and the sharing of benefits resulting from the utilisation of such resources.
The CBD makes some important innovations. It recognizes that the authority to
determine access to genetic resources depends on national governments and is subject to
national legislation. Thus, the CBD recognizes state sovereignty over genetic resources
and institutes the principles of Prior informed Consent (PIC), Mutually Agreed Terms and Benefit-Sharing.
However, the CBD and other international instruments relating to genetic resources
have not had the desired effect of preventing the misappropriation of genetic resources
and associated traditional knowledge (TK). Developing countries suffered and continue
to suffer from the piracy of their resources. This state of affairs has led to the recent
adoption of the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to The Convention on Biological Diversity,’ (2010 Nagoya Protocol).
This dissertation will consider the contribution of the Nagoya Protocol to the existing
global and regional instruments concerning the access and benefit sharing of genetic
resources. After explaining the gaps in the existing instruments, it will explore whether the Protocol is a miracle solution to the recurrent concern over misappropriation of genetic resources from biologically rich countries, or whether there is still much work to do to sort out this problem.Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.
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Lu, Christine Yi-Ju Medical Sciences Faculty of Medicine UNSW. "An examination of systems of access to important high cost medicines: a critical analysis of the nationally subsidised scheme of access to tumour necrosis factor inhibitors in Australia." 2007. http://handle.unsw.edu.au/1959.4/40579.
Full textAbstract:
Background: Access to " high-cost medicines" under Australia's Pharmaceutical Benefits Scheme (PBS) is characterised by strict eligibility criteria. The PBS access scheme for the anti-rheumatic biologicals (etanercept, infliximab, and adalimumab) was examined for concordance with Australia?s National Medicines Policy. Methods: Semi-structured interviews with a range of stakeholders were conducted. National, aggregated prescription and expenditure data from Medicare Australia and dispensing data from the Drug Utilisation Sub-Committee were analysed. Access to biologicals was also examined from an ethical perspective. Results: Interviewees agreed that controlled access to high-cost medicines was broadly equitable and practical but specific concerns included: timeliness of access; bureaucracy of the process; contentious cases of individual patients being denied access; insufficient patient information; the quantum of resources required to administer the access scheme; inadequate stakeholder consultation. The access requirement of a history of failure of conventional anti-rheumatic drugs was supported. Recommendations included proactive review of the access criteria and outcomes; greater transparency and formal stakeholder involvement to increase public confidence in the definition of " target patient population" and a formal appeal mechanism to increase the fairness and accountability of the PBS. Establishment of an appeal mechanism is supported by " accountability for reasonableness" framework grounded in procedural justice. Data needed to examine the health outcomes associated with the use of biologicals on a national level was not easily available. This shortcoming is discordant with National Medicines Policy. Utilisation of biologicals over the first two years of PBS-subsidy was conservative but with considerable variability across States and Territories (an 8-fold difference between the jurisdictions), usage roughly correlating with access to rheumatologists. Introduction of PBS-subsidised biologicals did not alter the trends in utilisation of non-biological anti-rheumatic drugs. Conclusions: This research suggests that policy-makers focus upon: explicitly considering ethical principles and formally involving stakeholders when developing policies on access to high-cost medicines; improving communication and providing information based on increased transparency; and establishing formal mechanisms for review of and appeals against PBS decisions. The comprehensive evaluation of medicine use and outcomes post-subsidy is critical for the future of the PBS. The National Medicines Policy has proved a useful framework for evaluating this access scheme.
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Lukinski, Stella. "Benefits of providing supports for non-traditional students to access and complete post-secondary education." 1999. http://hdl.handle.net/1993/2402.
Full textAbstract:
This study explored the benefits of providing supports to non-traditional students in accessing and completing post-secondary education. It focused on one access program, the Winnipeg Education Centre - Social Work Program (WEC-SWP). The purpose of this study was to gain insight into the following questions: (1) What supports at the WEC-SWP assisted non-traditional students in accessing and completing post-secondary education? (2) What benefits did these students acquire by completing a post-secondary degree? Identify personal, professional, economic, community, and society benefits. In addition, the research explored the barriers non-traditional students faced in accessing and participating in post-secondary education. The findings of the study indicated that the research participants faced barriers which prevented them from advancing their education. They required the three supports offered by WEC-SWP: financial, academic, and personal counselling to access and graduate with a degree in Social Work. Aftergraduation, the participants benefited personally by developing self-confidence, self-esteem, respect, pride, and a healthy, holistic lifestyle. Professionally, they have access to careers rather than jobs which allows freedom, independence, creativity, and satisfaction. A degree provided a full time position and an adequate income to sustain a comfortable lifestyle. These participants are positive role models and change agents within their communities. (Abstract shortened by UMI.)
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Schwartz, Gloria R. "The design and evaluation of a public access computer-based application for unemployment insurance benefits." Thesis, 1989. http://spectrum.library.concordia.ca/4942/1/ML51368.pdf.
Full text
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Neville, Warwick John. "Healing the nation : access to medicines under the Pharmaceutical Benefits Scheme - the jurisprudence from history." Phd thesis, 2007. http://hdl.handle.net/1885/150188.
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Sabesan, Sabe. "Access to care and benefits for cancer patients in rural and remote locations using telemedicine." Thesis, 2014. https://researchonline.jcu.edu.au/40778/1/40778-sabesan-2014-thesis.pdf.
Full textAbstract:
Introduction:
Access to specialist cancer services is a significant issue faced by residents of rural, remote, Indigenous and some regional communities in Australia. Telemedicine using videoconferencing technology has been used in many fields of the healthcare sector to address the issue of poor access. In order to provide most of the specialist cancer services closer to home for patients in Mt Isa and other rural towns in North Queensland, Australia, the medical oncology department at the Townsville Cancer Centre (TCC) embarked on establishing a teleoncology model of care (telemedicine for cancer care) in 2007. An initial hybrid teleoncology/face-to-face model was shown to be acceptable to non-Indigenous patients.
The overall purpose of this study was to examine the benefits and disadvantages of teleoncology models for rural patients, health professionals and hospitals. In addition, the study sought to evaluate the model in relation to acceptance by patients and health workers. A cost comparison with face-to-face models was conducted, while the safety of remotely supervised chemotherapy and the overall impact of this model on rural service capability was also evaluated.
Our evaluation was guided by the following research questions:
1. To what degree has the Townsville Teleoncology model of care improved?
a. Can the model provide access to specialist medical oncology services closer to home for rural patients in North Queensland?
b. What is the capacity of rural hospitals to provide medical oncology services to rural patients?
2. Are patients and rural health workers satisfied with the Townsville teleoncology model?
3. Is it safe to supervise chemotherapy administration in rural towns via the Townsville teleoncology model?
4. What is the cost comparison between the face-to-face model and the Townsville teleoncology model in relation to health systems?
Methods:
The project was embedded in a Continuous Quality Improvement (CQI) framework. Data for the questions relating to feasibility, safety and cost analysis were collected retrospectively from medical charts and from the oncology information management system of the TCC. Using appropriate statistical tests for comparisons, a safety analysis was performed. This was done by comparing dose intensities and toxicity profiles between rural patients and TCC patients. A cost analysis was performed by comparing the cost of establishing the service against the costs prevented by the service. A one-way sensitivity analysis was performed to study the impact of cost on savings. Patients' and health professionals' perspectives were examined by means of questionnaires and semi-structured interviews. These were analysed using iterative thematic analysis. Rural doctors and nurses were surveyed before and after the teleoncology service was implemented in order to map the service's capability in rural towns.
Results:
Feasibility of services
Between May 2007 and May 2011, 158 patients from 18 rural towns received a total of 745 consultations. Ten of these patients were consulted urgently and treatment plans initiated locally, avoiding inter-hospital transfers. Eighteen Indigenous patients who were accompanied by more than four family members received consultative services. Eighty-three patients received a range of intravenous and oral chemotherapy regimens in Mt Isa. Oral agents were supplied in other towns through remote supervision by medical oncologists from Townsville.
Timely access to care
From 2007-2009, 60 new patients from Mt Isa travelled to TCC for their first consultation and their first dose of chemotherapy. Six of these patients required inter-hospital transfers and eight required urgent flights to attend outpatient clinics. Only 50% of these rural patients (n=30) were reviewed within one week of their referral, compared with 90% of the Townsville patients. In 2009, the Townsville teleoncology model mostly replaced face-to-face care in Mt Isa. Between 2009 and 2011, TCC provided cancer care to 70 new patients from Mt Isa. Of these new patients, 93% (65/70) were seen within one week of referral. All 17 patients requiring urgent reviews were seen within 24 hours of referral and were managed locally, thus eliminating the need for inpatient inter-hospital transfers.
Perspectives of Indigenous patients and health professionals
Eighteen patients and health professionals who participated in this study gave high ratings (more than 4) on a five point Likert scale for quality of teleoncology consultation, establishing rapport, patient preference and satisfaction with care. Health workers welcomed this model for many reasons, including educational benefits, expanding scope of practice and the ability to readily connect with specialists.
Teleoncology model replacing face-to-face care
Thirty-five patients participated in a qualitative study. The study identified five major themes: (i) quality of the consultation, (ii) communication and relationships, (iii) familiarity with technology and initial fears, (iv) local services and support and (v) co-ordination of services. Responses for the first four themes were largely positive. Coordination between service providers needed further improvement to facilitate the model's smooth operation.
Cost-savings
Six hundred and five consultations were performed for 147 patients over 56 months, at a total cost of AUD$442,276. The total cost for project establishment, equipment/maintenance and staff was AUD$36,000, AUD$143,271 and AUD$261,520, respectively. The estimated travel expense avoided was AUD$762,394, including: travel cost for patients and escorts AUD$658,760, aeromedical retrievals AUD$52,400, and specialist travel AUD$47,634. This resulted in a net saving of AUD$320,118. The cost would need to increase by 72% to negate the savings.
Safety of Townsville teleoncology model
Over five years, 89 patients received a total of 626 cycles of various chemotherapy regimens in Mt Isa. During the same time period, 117 patients who received a total of 799 cycles of chemotherapy at TCC were eligible to be considered in the comparison group. For most of the demographic characteristics there were no statistically significant differences between Mt Isa and TCC: mean number of cycles (5.38 vs 5.07), dose intensities, proportion of side effects (4.4% vs 9.5%) and hospital admissions (27.8% vs 35.3%) [p>0.05]. There were no toxic deaths in either group.
Improvement in rural service capability
The level of services provided at Mt Isa Hospital has lifted to a higher service capability level as a result of the teleoncology model of care . The number of oncology-specific medical, nursing and allied health staff has also increased.
Conclusion:
We were able to demonstrate the following in relation to the Townsville teleoncology model of care
• It is feasible to provide comprehensive services close to home,
• Patients and health professionals welcome this model,
• It is safe to remotely supervise chemotherapy, and
• Health systems acquire savings as a result.
Other major benefits were achieved by providing timely and equitable access and improvements in service capabilities at the Mt Isa Hospital. Over five to seven years, Mt Isa has become a stand-alone rural medical oncology unit. This was due to the gradual shifting of all services from Townsville to Mt Isa, and successful lobbying for resources to adequately fund the workforce and infrastructure to sustain these services. The end result was that patients from Mt Isa could get most of their services closer to home without the need for costly long distance travel. This adds to the growing body of evidence about the feasibility and efficacy of telemedicine models of care. Since our evaluation is on a single network encompassing a large geographic area, our findings may not be applicable to networks that serve patients facing short travel distances.
Impact of the findings of this thesis on service quality provided through TTN
The aggregated results of the above studies have produced an improvement in the processes and resources of the TTN and continual improvement in the quality of care provided.
Future directions
These results should lead to development of new models of care to benefit patients from smaller rural towns. One such model is the Queensland Remote Chemotherapy Supervision (QReCS) model, which aims to provide chemotherapy services in small rural towns across the state. The concept of the model and its governance were informed by the results of the studies included in this thesis, and it is now being implemented and evaluated with funding of AUD$2.5 million from Queensland Health Innovation Fund.