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2021 ◽  
Vol 14 (6) ◽  
pp. 1226-1240
Author(s):  
Manuela Badilla ◽  
Carolina Aguilera

This article analyzes the interventions of monuments that occurred in conjunction with the mass 2019–2020 anti-neoliberal protests in Chile where almost 400 monuments representing Spanish conquerors and colonial and nineteenth-century national heroes were pulled down, contested, or transformed. The article illustrates how a social movement against social injustices and inequalities enacted and engaged with decolonial repertoires of action. It analyzes two performative cases of toppled monuments to Pedro de Valdivia, the leading Spanish conqueror, in the southern cities of Concepción and Valdivia. It then examines recent debate about the anti-racist and decolonial de-monumentalization trend seen around the world and discusses some particularities of the Latin American case. It concludes by arguing that, although the monument interventions involved spontaneous and effervescent ritualistic affects, they are expressive of decolonial challenges to intertwined and long-standing national memories, calling for reconsideration of our national identities.


2021 ◽  
Vol 59 (12) ◽  
pp. 23-29
Author(s):  
Janaki Parekh ◽  
Chaitanya Parekh ◽  
Amir Ghasemi

2021 ◽  
Vol 5 ◽  
pp. 96-97
Author(s):  
Isabela Campo-Slebi ◽  
María Fernanda Meza-Corso ◽  
Paola Cárdenas ◽  
Juan Raúl Castro-Ayarza ◽  
Cesar González ◽  
...  

2021 ◽  
Vol 31 (Supplement_3) ◽  
Author(s):  
V Lapao

Abstract Starting with telemedicine movement 50 years ago, digital health has been changing slowly the healthcare paradigm since. Now with COVID-19 Epidemics has raise the bar and pushed for digital health across the healthcare services. Likewise, public Health should be more engaged on studying future impacts of climate change on health care and look for the opportunities that digital health can bring. At the same time, European Public Health should propose new models for healthy living in the line with sustainable circular economy. Digital health is about health service delivery but it is much more about patients' behaviour and participation in the healthcare process. Digitalization is enabling a change in the role of patients in the healthcare value chain, moreover considering the new European strategy of Health Data Space combined with the European Green Deal. We will present a set of European and American case studies already showing the positive impact of digital health in mitigating climate crises factors, by reducing transportation and materials costs and improving health professionals efficiency, among others. An overview of the recent trends will be discussed and links to public health will be addressed. A special attention will be drawn to a digital public health framework to tackle the climate change future's public health threats.


Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Frans E Marx

The laws of defamation all over the world share a common denominator – the balancing of two basic human rights: the right to freedom of expression and the right to reputation. In spite of this common objective, the laws pertaining to defamation often differ substantially from country to country and courts are often reluctant to apply legal rules or recognize judgments of foreign courts in this regard. Until recently the question as to which law to apply in cases involving delict was neglected in most legal systems. Although this position has changed in many countries as a result of technological development as well as modern communication systems, South African choice of law in delict remained almost non-existent. In spite of the prevalence of the lex fori as connecting factor under the influence of Von Savigny in the past, and until recently in England, it is today generally accepted that the lex loci delicti should, at least as a point of departure, be used as the connecting factor in delict. As Forsyth points out, the application of the lex loci delicti is in accord with the locus regit actum principle as well as the vested rights theory. The application of the lex loci delicti is not without problems however. One problem is that the place where the delict was committed is not always clear. The elements constituting the delict may have their origin in different jurisdictions. A product manufactured in one country, may cause damage in another. Is the lex loci delicti the place where the conduct (manufacturing) took place or the place where the damage was caused? Moreover, harm may be caused in different countries where the defective products are available. Another example is defamation. A defamatory statementpublished in one country may cause damage in another jurisdiction. The problem becomes even more prevalent where a defamatory statement is uploaded on the Internet. A statement uploaded on a server in one country can be and generally is accessible in a multiplicity of countries. To complicate matters further, the statement may cause pecuniary damage in one or more countries and personality infringement in another. Moreover, because the requirements for defamation are closely linked to public policy and a country’s attitude towards the protection of freedom of expression, the statement may be regarded as defamatory in one country but not in another. A second problem is that the lex loci delicti may be perfectly clear, but may be almost irrelevant. The typical example is illustrated in the American case of Babcock v Jackson (191 NE 2d 279 (1963)), where a car, registered and insured in New York with driver and passengers resident in New York, left the road in Ontario during an over-the-border drive with resultant injury to one of the passengers. In this scenario the place where the delict occurred is clearly Ontario but this single fact is less significant than all the other factors that have connection with the delict and the parties, namely New York. The lex loci delicti rule fails to assign an appropriate system in this type of case. That is the reason why the New York court in Babcock applied New York law. In South Africa very little case law exists regarding the choice of law in delict and, until now, regarding choice-of-law in defamation. The few casesthat were reported did not deal with the matter satisfactorily. The matter is therefore still very much res nova and open to our courts to break new ground. This is exactly why the judgment of Crouse AJ in Burchell v Anglin (2010 3 SA 48 (ECG)) can be regarded asa ground-breaking decision.


Author(s):  
Sofia T. Avendaño ◽  
Dylan Harp ◽  
Sudarshan Kurwadkar ◽  
John P. Ortiz ◽  
Philip H. Stauffer

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 109-126

The article concerns the legal issues of the “Conscientious objection”, primarily that of substantiation of the question –whether an individual’s act, motivated by religious or non-religious beliefs and denying to observe certain legal requirements, will gain legal protection; The Author represents all related issues, factors and circumstances, that should be taken into account and the corresponding scheme of the analysis and substantiation, with several important crossroads. By the Author, it is too important to fi nd a good, proper direction on each stage and continue until the following crossroad. The Author shows, what these crossroads are in practice, and issues that should be discussed and analyzed on each stage. Through this prism the Georgian legal approach is analyzed in the article, namely, the decision of the Georgian Constitutional Court of June 4, 2020, so called “a case of ID cards” – Nana Sepiashvili and Ia Rekhviashvili v. Parliament of Georgia and Minister of Justice of Georgia. The case concerns the applicant’s denial to receive and use new ID card, containing electronic chip. For the applicants, the electronic chip represents the effective mean for massive control over the people. They share the widespread orthodox Christians’ opinion, that chip represents the sign of the Beast, despite the fact, that Holly Synod of Georgian Orthodox Church disclaimed such an opinion. There is shown in the article, what issues and questions have been considered and examined by the Constitutional Court, in which way and succession; By Author, The Court took a very delicate approaches and was able to fi nd a very proper way of substantiation in spite of multiplicity of the pro et contra arguments, different factors and controversial issues. The Author concludes, that the Georgian approach is in line with the European and American case-law, but, at the same time, it develops a new principle and methodology, that facilitates the proper adjudication of the “conscientious objection” cases and reaching a fair balance between the individual rights and public interests. To the Author, the Georgian Constitutional Court has further developed already existing approaches, particularly, in the direction of positive obligation of a State. The Court differentiated the positive obligation of a State in the process of elaborating the new legislation and positive obligation which may arise after the legislation became operative. The first one implies an obligation to predict the risk of appearance of a conscientious objection towards new legislation, possible negative side effects in case of disobedience, inter alia, the burden, that can be imposed over an individual’s religious rights, and, finally, to make relevant exemptions from new regulations, if reasonable and necessary. But the second one implies a positive obligation of a State to respond adequately the de facto situation and administer all necessary measures in order to eliminate the damage and other negative effects that individual suffers as result of disobedience based on his/her belief. In the abovementioned case, the Court saw the State’s positive obligation to respond the de facto situation notwithstanding the fact, that it did not fi nd the challenged law unconstitutional.


Author(s):  
Patrick Vonderau

This chapter explores the long history of moving images’ promotional relation to trademarks by focussing on us American case law and a controversy that surrounded a brief moment in the feature film The Hangover II (2011). In the second part, the chapter develops and outlines a typology of moving image testimonials.


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