Diseño de un procedimiento de actuación en accidentes de turismo activo (Design of an action procedure in active tourism accidents)

El Turismo activo ha venido siendo un sector empresarial en auge y desarrollo en el territorio español, con una gran diversidad de normativas existentes en base a las competencias que recaen en las Comunidades Autónomas. El riesgo inherente a estas prácticas deportivas en el medio natural conlleva la exposición de los participantes a la posibilidad de sufrir un accidente. Ante la inexistencia de un Procedimiento de Actuación ante accidentes en actividades de Turismo activo, se ha desarrollado una herramienta de aplicación a todas las actividades del sector, a partir de los aspectos a valorar por parte del guía de Turismo activo, la cual establece cinco fases desde que se produce el accidente hasta el finde la actividad. Para ello se ha realizado una revisión bibliográfica y la consulta a un grupo de expertos vinculados a la prevención de riesgos, rescate, organización y guiado de actividades en el medio natural y el Turismo activo. La herramienta propuesta aporta unas pautas de actuación seguras en caso de accidente, para los guías de Turismo activo, en base a la normativa vigente y las características propias de las actividades que realizan, con el fin de asegurar una correcta actuación para subsanar o evitar el agravio de las lesiones padecidas y/o facilitar el rescate y evacuación de la persona accidentada. Abstract. Active Tourism has been a developing business sector in the Spanish territory. There are a great diversity of different regulations and legislation for each Autonomous Community. The practice of physical activity in the natural environment entails the exposure of the athletes to the possibility of suffering an accident. In the absence of an Action Procedure for accidents in active tourism activities, an application tool has been developed for all activities in the sector. It has been based on the aspects to be assessed by the Active Tourism guide. The tool stablishes five steps to follow, from the accident until the end of the activity. A bibliographic review and consultation with a group of experts has been carried out. The group of experts were linked to risk prevention, rescue, organization, and guide of activities in the natural environment and active tourism. The proposed procedure provides guidelines for safe action in the event of an accident, for Active Tourism guides, based on current regulations and the characteristics of the activities they carry out, to ensure correct action to correct, or avoid, the grievance of the injuries suffered and / or facilitate the rescue and evacuation of the injured person.

Reforming New Zealand's Class Action Procedures to Enhance Efficiency and Improve Access to Justice

<b>Abstract </b><p>This thesis addresses the question of whether New Zealand should reform its class action procedures in order to better meet the class action objectives of efficiency and access to justice. Class actions are a mechanism whereby groups of claimants with the same or similar claims can band together and bring proceedings. The ability for groups of similarly affected claimants to bring proceedings together provides certain advantages, including efficiency (both judicial efficiency and cost efficiency) and access to justice (where there may otherwise be none). The existence of a class action mechanism can also have a regulatory effect and serve to discourage illegal or inappropriate conduct. </p> <b>Currently, New Zealand does not have a dedicated class actions regime, and instead operates a class action type procedure under r 4.24 of the High Court Rules (known as a representative action). A review of the New Zealand position in relation to r 4.24 indicates that while there is a substantial body of law relating to the use of the representative action procedure, the objectives of the representative action procedure are not being met. The lack of legislative guidance in relation to the representative action has created significant difficulties for claimants in New Zealand. </b><p>Reforming the New Zealand class action procedure through legislative reform would provide a more efficient procedure and enhance access to justice. Wholesale legislative reform in the form of a dedicated class actions statute would be the best way forward for New Zealand. Legislative reform would need to address particular issues that have arisen in Australia and Ontario, including issues associated with the same interest requirement, opt-in and opt-out mechanisms, settlement requirements and limitation periods. The experience in Ontario and Australia illustrates the importance of ensuring the legislation is as clear as possible, and learning from the experience in those jurisdictions is vital if the objectives of the class action procedure are to be met. </p>

Reforming New Zealand's Class Action Procedures to Enhance Efficiency and Improve Access to Justice

<b>Abstract </b><p>This thesis addresses the question of whether New Zealand should reform its class action procedures in order to better meet the class action objectives of efficiency and access to justice. Class actions are a mechanism whereby groups of claimants with the same or similar claims can band together and bring proceedings. The ability for groups of similarly affected claimants to bring proceedings together provides certain advantages, including efficiency (both judicial efficiency and cost efficiency) and access to justice (where there may otherwise be none). The existence of a class action mechanism can also have a regulatory effect and serve to discourage illegal or inappropriate conduct. </p> <b>Currently, New Zealand does not have a dedicated class actions regime, and instead operates a class action type procedure under r 4.24 of the High Court Rules (known as a representative action). A review of the New Zealand position in relation to r 4.24 indicates that while there is a substantial body of law relating to the use of the representative action procedure, the objectives of the representative action procedure are not being met. The lack of legislative guidance in relation to the representative action has created significant difficulties for claimants in New Zealand. </b><p>Reforming the New Zealand class action procedure through legislative reform would provide a more efficient procedure and enhance access to justice. Wholesale legislative reform in the form of a dedicated class actions statute would be the best way forward for New Zealand. Legislative reform would need to address particular issues that have arisen in Australia and Ontario, including issues associated with the same interest requirement, opt-in and opt-out mechanisms, settlement requirements and limitation periods. The experience in Ontario and Australia illustrates the importance of ensuring the legislation is as clear as possible, and learning from the experience in those jurisdictions is vital if the objectives of the class action procedure are to be met. </p>

IMF Sovereign Debt Restructuring Framework: Origin, Evolution and Latest Updates of its Main Components

The first introductory manual of the IMF framework for Sovereign Debt Restructurings (SDRs) is introduced in this article. SDR processes, in which billions of dollars are negotiated, constitute key elements for the healthy recovery of an over-indebted economy. However, there are no academic works that analyze in depth the way in which the Fund organizes them. Based on official documents, this paper aims to bridge this gap by explaining how the components that shape the IMF SDR framework are articulated. To this end, the article analyzes: 1) the framework substantial and procedural rules in order to show it as an abstract normative structure as well as an action procedure applicable to specific cases; 2) the framework evolution, synthetically presenting the discussions that gave rise to its main components and justified its principal changes; 3) the framework latest updates, which modified sensitive areas of the Fund’s surveillance and financing functions. This analytical perspective closes a logical circle that shows the IMF SDR framework in a historical and integral manner and also gives an idealistic insider view to what the Fund is and how it operates.

Human Rights Class Action against Corporations in Nigeria

Though Nigeria is inundated with human rights abuses, there is no procedure that could effectively accommodate a large number of victims in one litigation beside class action. Class litigation is limited in scope in Nigeria; hence, it cannot be applied in human rights cases. This has culminated in a culture of impunity by corporations in the country. This paper uses the class action legal regime in the United States to argue that the statutory introduction of a general class litigation regime will adequately address human rights violations in Nigeria. The author submits that beyond the legislative introduction of a general class action legal framework in Nigeria; judges should exercise their wide discretion as envisaged by the Nigerian constitution in civil matters to adjudicate human rights class litigations. Also, there is need to enlighten Nigerians of their human rights and an efficient procedure to address their violations: class action procedure.

Meningkatkan Hasil Belajar Matematika melalui Penerapan Pembelajaran Kooperatif Tipe Think Pair Share pada Siswa Kelas VII B SMP Negeri 10 Ujung Loe Kabupaten Bulukumba

This research is a classroom action research that aims to know the improvement of mathematics learning outcomes through the application of Think-Pair-Share Cooperative Learning (TPS). The subjects of this study were students of Class VII B SMP Negeri 10 Ujung Loe Kab. Bulukumba in the odd semester of the academic year 2016/2017, with a total of 30 students, consisting of 15 men and 15 women. This classroom action procedure takes 2 cycles. Cycle I held 4 meetings and Cycle II held 4 meetings. Data collection is done by using learning result test and observation. The collected data were analyzed by using qualitative analysis and quantitative analysis. The result of this research showed that quantitative improvement of mathematics learning outcomes after the implementation of Think-Pair-Share (TPS) cooperative learning, in cycle I showed that the average of student's learning result was 39,50 from ideal score that might be reached 100, Standard deviation of 24.58 and is in the low category. There are 7 complete students (23,33%) and 23 students (76,67%), and in cycle II shows the average of student's learning result is 69,50 from ideal score that might be reached 100, standard Deviation of 24.99 and is in the high category. There are 21 complete students (70%) and 9 (30%) unfinished students. While qualitatively during the learning process takes place changes in student attitudes. This is marked by the increased activity and activity of students during the implementation of the teaching took place viewed from the observation sheet conducted during the study. From the analysis can be concluded that with the implementation of cooperative learning type Think-Pair-Share (TPS) there is an increase in the results of learning mathematics students of class VII B SMP Negeri 10 Ujung Loe Bulukumba

Class Actions in the United States and Israel: A Comparative Approach

Unlike most countries, the United States and Israel have employed the class action procedure for decades. This Article compares the two countries’ class action regimes and examines how the device has evolved in those countries. It examines the current procedures, as well as proposed reforms. It also compares class action statistics in the two countries relating to filings and outcomes. We demonstrate the many common features between the United States and Israeli class action procedures. As we illustrate, these common features have led to robust class action practices in both countries. At the same time, there are profound differences between the types of class actions filed and their outcomes. Thus, while Israel has many more class actions than the United States on a per capita basis, the cases are much less consequential from a monetary and subject matter perspective. We explore possible explanations for these observations. Furthermore, this study identifies features — utilized by the United States and Israel — that can serve as models for other countries that are adopting or amending their own class action regimes.

CERD, the State, mining corporations and indigenous peoples’ rights: the experience of the Subanon in the Philippines

The chapter offers a compelling case study on the operationalization of CERD’s early warning and urgent action procedure in the case of the Subanon community located at the foot of Mt Canatuan in the Phillippines, and provides a close-up of the relevance of the treaty on the ground.