Protected values (PVs) are values protected from trade-offs with other values. They are absolute in this sense. People hold these values even when they do not necessarily abide by them in their behavior. I suggest that most of these values are a subset of deontological rules, defined by their absoluteness. Their origin may be understood by looking at the origin of deontological rules more generally, which includes religious (hence sacred) values among others. But PVs are usually maintained by lack of (...) reflection of the sort that would see counterexamples to their absoluteness. PVs often have other characteristics that would lead to classification into other types of values: they are often moralistic (imposed on others regardless of the willingness of others to accept them); they are about morality rather than convention and thus independent of authority or social consensus; and they often concern second-order preferences (values for values). Especially in combination with these other properties, PVs can be harmful in the domain of politics. Education in the sort of reflection that would lead people to question them could improve the political situation around the world. (shrink)

It is plausible that current generations owe something to future generations. One possibility is that we have a duty to not harm them. Another possibility is that we have a duty to protect them. In either case, however, to satisfy the duties to future generations from environmental or political degradation, we need to engage in widespread collective action. But, as we are, we have a limited ability to do so, in part because we lack the self-discipline necessary for successful (...) collective action. Given that having an obligation hinges on being able to satisfy it, the apparent duty to future generations is at odds with our apparent inability to satisfy it. Thus, we either need to rethink our duties to future generations or rethink the nature of our abilities. I argue in this chapter that we should rethink the nature of our abilities. Specifically, we should enhance our self-discipline, which is distinct from enhancements of motivation, judgment, or emotion. Even the most intelligent, motivated, and empathetic actor is likely to slip up, which encourages others to withdraw their cooperation. Without the necessary self-discipline to sustain our public cooperative behavior, collective action is likely to fail, leaving us with one alternative: to abandon our duties to future generations. (shrink)

Guidelines for health research focus on protecting individual research subjects. It is also vital to protect the communities involved in health research. In particular, a number of studies have been criticized on the grounds that they exploited host communities. The present paper attempts to address these concerns by providing an analysis of community exploitation and, based on this analysis, determining what safeguards are needed to protect communities in health research against exploitation. (edited).

Many male traits are well explained by sexual selection theory as adaptations to mating competition and mate choice, whereas no unifying theory explains traits expressed more in females. Anne Campbell's “staying alive” theory proposed that human females produce stronger self-protective reactions than males to aggressive threats because self-protection tends to have higher fitness value for females than males. We examined whether Campbell's theory has more general applicability by considering whether human females respond with greater self-protectiveness than males to other threats (...) beyond aggression. We searched the literature for physiological, behavioral, and emotional responses to major physical and social threats, and found consistent support for females' responding with greater self-protectiveness than males. Females mount stronger immune responses to many pathogens; experience a lower threshold to detect, and lesser tolerance of, pain; awaken more frequently at night; express greater concern about physically dangerous stimuli; exert more effort to avoid social conflicts; exhibit a personality style more focused on life's dangers; react to threats with greater fear, disgust, and sadness; and develop more threat-based clinical conditions than males. Our findings suggest that in relation to threat, human females have relatively heightened protective reactions compared to males. The pervasiveness of this result across multiple domains suggests that general mechanisms might exist underlying females' unique adaptations. An understanding of such processes would enhance knowledge of female health and well-being. (shrink)

PurposeWithin a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection.Design/methodology/approachThis study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the (...) rest of the world in general.FindingsThe study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment.Research limitations/implicationsThere is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes.Practical implicationsThe mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas.Social implicationsConsumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase.Originality/valueConsumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general. (shrink)

The luxury-versus-necessity controversy is primarily concerned with the importance of civil and political rights vis-à-vis economic and social rights. The viewpoint of political leaders of many developing and newly industrialized countries, especially China, Singapore, Hong Kong, Malaysia and Indonesia is that civil and political rights are luxuries that only rich nations can afford. The United Nations, transnational civil society and the Western advanced countries oppose this viewpoint on normative and empirical grounds. While this controversy is far from over, new challenges (...) of “evidence” and “marketization” are emerging. The first calls for a narrative on the history of civil and political rights in the West in the comparative context of the Industrial Revolution and the East Asian Miracle and China’s economic growth. The effects of the recent financial crisis and insulation of China from the Arab Spring further deepen this challenge. The marketization challenge looks at this controversy from the social exclusion angle. It argues that the basic needs covered by the minimum human rights agenda are becoming luxuries in a real sense for those who do not have the power to purchase these needs from the market. (shrink)

The Helsinki Declaration is a very important document regarding the protection of patients’ rights in clinical trials and one of the fundamental sources of operational principles for every ethics committee. Although they have been updated, the international guidelines for ethics committees continually fail to address certain issues pertaining to the protection of patients’ rights in clinical trials. These issues include, most significantly, the method of electing ethics committees (a free, secret ballot should be preferred to direct appointment), the avoidance of (...) conflict of interest during the election of ethics committee members, and the necessary insurance coverage for the participants of clinical trials. Polish law should, on the other hand, be developed in such way as to not limit the effectiveness of ethics committees in protecting patients’ rights in clinical trials. The ideal solution would be to draft a uniform law concerning not only clinical trials, but all medical experiments. The opinions of experts who have been reviewing medical research projects for several years may prove to be especially valuable in this setting. (shrink)

Protecting the Vulnerable explores the reality of patient control and choice in health care and analyzes how decisions should be made on behalf of those deemed incapable of making decisions. The contributors, distinguished experts from the disciplines of medicine, ethics, theology, and law, look at the complex problem of autonomy and consent in health care and clinical research today from an illuminating perspective--its impact on the vulnerable members of society. The essays move from the exploration of lingering paternalism in health (...) care to the acute dilemma of treatment of and research on newborn babies. In covering both general and specific problems the collection reveals how exploitation can occur when the right of autonomy is eroded and where informed consent is illusory. Particularly vulnerable groups, such as children and people with mental handicaps, are discussed alongside cases where the vulnerability is itself an issue. Other areas covered include: `gesture' suicides, the practical problems of doctors in dealing with dependent patients, and the limits of proxy consent. All health care professionals, ethicists, policy makers, and lawyers currently engaged in the study or practice of health care ethics will find Protecting the Vulnerable to be a vital source of information for many years to come. (shrink)

This article examines how private equity returns in Asia are related to levels of legal protection and corruption. We utilize a unique data set comprising over 750 returns to private equity transactions across 20 developing and developed countries in Asia. The data indicate that legal protections are an important determinant of private equity returns in Asia, but also that private equity managers are able to mitigate the potential for corruption. The quality of legal system (including legal protections) is positively related (...) to returns. Inefficient legal protections negatively impact transaction structures and economic certainty when exiting investments. We also find that private equity managers, irrespective of the quality of legal system they are operating within, can mitigate the potential impact of corruption. Private equity returns are higher in countries with higher levels of corruption, controlling for legal systems. This finding is consistent with the view that private equity managers bring about organizational change to alleviate the costs of corruption. Our findings are robust to inclusion of controls for Hofstede cultural variables, economic conditions, and transaction specific characteristics, as well as consideration of econometric sample selection methods for unexited investments. (shrink)

The direct protection of civilians from the violence and harms of armed conflict is most often understood in fixed, identity-centred terms: of what protection is, where it is located, of who provid...

The right of adults with sound mind to consent to treatment or risk their own health for the benefit of the community in a clinical trial is unequivocally recognised by the law. But what about those vulnerable by virtue of their age, nature or position in society? Experts from the fields of medicine, philosophy, theology and law, explore the ethical and legal principles which seek to reconcile the individual's right to autonomy with the need to protect vulnerable groups. Discussions (...) refer both to specific groups and specific issues. (shrink)

In their article, Friesen et al. (2023) discuss two challenging roles the IRBs are playing: protecting research participants from research-related risks and promoting inclusion of diverse populatio...

Resident microbiota do not just shape host immunity, they can also contribute to host protection against pathogens and infectious diseases. Previous reviews of the protective roles of the microbiota have focused exclusively on colonization resistance localized within a microenvironment. This review shows that the protection against pathogens also involves the mitigation of pathogenic impact without eliminating the pathogens (i.e., “disease tolerance”) and the containment of microorganisms to prevent pathogenic spread. Protective microorganisms can have an impact beyond their niche, interfering with (...) the entry, establishment, growth, and spread of pathogenic microorganisms. More fundamentally, we propose a series of conceptual clarifications in support of the idea of a “co-immunity,” where an organism is protected by both its own immune system and components of its microbiota. -/- . (shrink)

This article analyzes the implications of protective measurement for the meaning of the wave function. According to protective measurement, a charged quantum system has mass and charge density proportional to the modulus square of its wave function. It is shown that the mass and charge density is not real but effective, formed by the ergodic motion of a localized particle with the total mass and charge of the system. Moreover, it is argued that the ergodic motion is not continuous but (...) discontinuous and random. This result suggests a new interpretation of the wave function, according to which the wave function is a description of random discontinuous motion of particles, and the modulus square of the wave function gives the probability density of the particles being in certain locations. It is shown that the suggested interpretation of the wave function disfavors the de Broglie-Bohm theory and the many-worlds interpretation but favors the dynamical collapse theories, and the random discontinuous motion of particles may provide an appropriate random source to collapse the wave function. (shrink)

The right of adults with sound mind to consent to treatment or risk their own health for the benefit of the community in a clinical trial is unequivocally recognised by the law. But what about those vulnerable by virtue of their age, nature or position in society? Experts from the fields of medicine, philosophy, theology and law, explore the ethical and legal principles which seek to reconcile the individual's right to autonomy with the need to protect vulnerable groups. Discussions (...) refer both to specific groups and specific issues. (shrink)

Over the last decade, several European countries and the Council of Europe itself have strongly supported the use of advance directives as a means of protecting patients’ autonomy, and adopted specific norms to regulate this matter. However, it remains unclear under which conditions those regulations should apply to people who are placed in correctional settings. The issue is becoming more significant due to the increasing numbers of inmates of old age or at risk of suffering from mental disorders, all of (...) whom might benefit from using advance directives. At the same time, the closed nature of prisons and the disparate power relationships that characterise them mean that great caution must be exercised to prevent care being withdrawn or withheld from inmates who actually want to receive it. This paper explores the issue of prisoners’ advance directives in the European context, starting with the position enshrined in international and European law that prisoners retain all their human rights, except the right to liberty, and are therefore entitled to self-determination regarding health care decisions. (shrink)

Confidentiality is a central bioethical principle governing the provider–patient relationship. Dating back to Hippocrates, new laws have interpreted it for the age of precision medicine and electronic medical records. This is where the discussion of privacy and technology often ends in the scientific health literature when Internet-related technologies have made privacy a much more complex challenge with broad psychological and clinical implications. Beyond the recognised moral duty to protect patients’ health information, clinicians should now advocate a basic right to (...) privacy as a means to safeguard psychological health. The article reviews empirical research into the functions of privacy, the implications for psychological development and the resigned sentiment taking hold regarding the ability to control personal data. The article concludes with a call for legislative, educational and research steps to readjust the equilibrium between the individual and ‘Big Data’. (shrink)

Recently, debate over whether health care providers should have a protected right to conscientiously refuse to offer legal health care services—such as abortion, elective sterilization, aid in dying, or treatments for transgender patients—has grown exponentially. I advance a modified compromise view that bases respect for claims of conscientious refusal to provide specific health care services on a publicly defensible rationale. This view requires health care providers who refuse such services to disclose their availability by other providers, as well as to (...) arrange for referrals or facilitate transfers of care. This requirement raises the question of whether providers are being forced to be complicit in the provision of services they deem to be morally objectionable. I conclude by showing how this modified compromise view answers the most significant objections mounted by critics of the right to conscientious refusal and safeguards providers from having to offer services that most directly threaten their moral integrity. (shrink)

The issue of the protection of communities in clinical research first arose 10 years ago in studies conducted in technologically developing countries by scientists from technologically developed nations. The question was, which ethical standards ought to apply, those of the Western investigators or local standards?

Although for the last 50 years, ethicists dealing with human experimentation have focused primarily on the need to protect individual research subjects and vulnerable groups, biomedical research, especially in genetics, now requires the establishment of standards for the protection of communities. We have developed such a strategy, based on five steps. (i) Identification of community characteristics relevant to the biomedical research setting, (ii) delineation of a typology of different types of communities using these characteristics, (iii) determination of the range (...) of possible community protections, (iv) creation of connections between particular protections and one or more community characteristics necessary for its implementation, and (v) synthesis of community characteristics and possible protections to define protections appropriate for each type of community. Depending on the particular community, consent and consultation, consultation alone, or no added protections may be required for research. (shrink)

This essay sets down three directives for conscientiously objecting clinicians—physicians, particularly obstetrician/gynecologists, trained in NaProTechnology by the Pope Paul VI Institute and Creighton University School of Medicine and any medical professionals who share their natural law vision of reproductive health care—to protect their right to well-formed conscientious objection in reproductive medicine. Directive one: understand the nature of a well-formed conscience and its rightful exercise. Directive two: fulfill all reasonable American College of Obstetricians and Gynecologists’ requirements for conscientious refusal. Directive (...) three: execute a political strategy to protect health-care conscience rights. (shrink)

My point of departure in this essay is Smith’s definition of government. “Civil government,” he writes, “so far as it is instituted for the security of property, is in reality instituted for the defence of the rich against the poor, or of those who have some property against those who have none at all.” First I unpack Smith’s definition of government as the protection of the rich against the poor. I argue that, on Smith’s view, this is always part of (...) what government is for. I then turn to the question of what, according to Smith, our governors can do to protect the wealth of the rich from the resentment of the poor. I consider, and reject, the idea that Smith might conceive of education as a means of alleviating the resentment of the poor at their poverty. I then describe how, in his lectures on jurisprudence, Smith refines and develops Hume’s taxonomy of the opinions upon which all government rests. The sense of allegiance to government, according to Smith, is shaped by instinctive deference to natural forms of authority as well as by rational, Whiggish considerations of utility. I argue that it is the principle of authority that provides the feelings of loyalty upon which government chiefly rests. It follows, I suggest, that to the extent that Smith looked to government to protect the property of the rich against the poor, and thereby to maintain the peace and stability of society at large, he cannot have sought to lessen the hold on ordinary people of natural sentiments of deference. In addition, I consider the implications of Smith’s theory of government for the question of his general attitude toward poverty. I argue against the view that Smith has recognizably “liberal,” progressive views of how the poor should be treated. Instead, I locate Smith in the political culture of the Whiggism of his day. (shrink)

It has been debated whether protective measurement implies the reality of the wave function. In this article, I present a new analysis of the relationship between protective measurements and the reality of the wave function. First, I briefly introduce protective measurements and the ontological models framework for them. Second, I give a simple proof of Hardy’s theorem in terms of protective measurements. Third, I analyse two suggested ψ -epistemic models of a protective measurement. It is shown that although these models (...) can explain the appearance of expectation values of observables in a single measurement, their predictions about the variance of the result of a non-ideal protective measurement are different from those of quantum mechanics. Finally, I argue that under an auxiliary finiteness assumption about the dynamics of the ontic state, protective measurement implies the reality of the wave function in the ontological models framework. (shrink)

Human dignity is the supreme criterion for protecting research participants, and likewise for numerous ethical matters of ultimate importance. But what is meant by “human dignity”? Isn’t this some vague criterion, some sort of lip service of questionable relevance and application? We shall see that it is nothing of the sort, that to the contrary, it is a very definite and very accessible criterion. However, how is this criterion applied in protecting research participants? These are the matters that we will (...) examine now. My presentation is divided into four parts. 1/Recognizing Human Dignity; 2/Practical Definition of Human Dignity; 3/The Human Being in a Weakened State; 4/ Conclusion. (shrink)

Pre-commitment directives or Ulysses contracts are often defended as instruments that may strengthen the autonomous self-control of episodically disordered psychiatric patients. Autonomy is understood in this context in terms of sovereignty ("governing" or "managing" oneself). After critically analyzing this idea of autonomy in the context of various forms of self-commitment and pre-commitment, we argue that what is at stake in using Ulysses contracts in psychiatry is not autonomy as sovereignty, but autonomy as authenticity. Pre-commitment directives do not function to (...) class='Hi'>protect autonomous self-control. They serve in upholding the guidance that is provided by one's deepest identity conferring concerns. We elucidate this concept of autonomy as authenticity, by showing how Ulysses contracts protect the possibility of being "a self.". (shrink)

Protective measurements illustrate how Yakir Aharonov's fundamental insights into quantum theory yield new experimental paradigms that allow us to test quantum mechanics in ways that were not possible before. As for quantum theory itself, protective measurements demonstrate that a quantum state describes a single system, not only an ensemble of systems, and reveal a rich ontology in the quantum state of a single system. We discuss in what sense protective measurements anticipate the theorem of Pusey, Barrett, and Rudolph (PBR), stating (...) that, if quantum predictions are correct, then two distinct quantum states cannot represent the same physical reality. (shrink)

ABSTRACT Genetics research, like research in sociology and anthropology, creates risks for groups from which research subjects are drawn. This paper considers what sort of protection for groups from the risks of genetics research should be provided and by whom. The paper categorizes harms by distinguishing process‐related from outcome‐related harms and by distinguishing two kinds of group harms. It argues that calls for community engagement are justified with respect to some kinds of harms, but not with respect to others; and (...) it cautions that community engagement may itself be harmful. (shrink)

As genetic research increasingly focuses on communities, there have been calls for extending research protections to them. We critically examine guidelines developed to protect aboriginal communities and consider their applicability to other communities. These guidelines are based on a model of researcher-community partnership and span the phases of a research project, from protocol development to publication. The complete list of 23 protections may apply to those few non-aboriginal communities, such as the Amish, that are highly cohesive. Although some protections (...) may be applicable to less-cohesive communities, such as Ashkenazi Jews, analysis suggests substantial problems in extending these guidelines in toto beyond the aboriginal communities for which they were developed. (shrink)

Research studies and interventions sometimes offer potential benefits to subjects that compensate for the risks they face. Other studies and interventions, which I refer to as “nonbeneficial” research, do not offer subjects a compensating potential for benefit. These studies and interventions have the potential to exploit subjects for the benefit of others, a concern that is especially acute when investigators enroll individuals who are unable to give informed consent. US regulations for research with human subjects attempt to address this concern (...) by mandating strict protections for nonbeneficial research with subjects who cannot consent. Typically, humans who cannot consent, such as children, may be enrolled in nonbeneficial research only when it poses low risks and has the potential to gather information of sufficient value to justify the risks, an appropriate surrogate gives permission on the individual’s behalf and the individual agrees (assents). In contrast, US regulations for nonbeneficial research with nonhuman primates do not include these protections, even though it too involves subjects who cannot consent and who face risks for the benefit of others. Is this difference in regulatory protections justified? Or does the principle of fairness—treat like cases alike—imply that regulations for nonbeneficial research with nonhuman primates should include protections similar to those that apply to nonbeneficial research with humans who cannot consent? (shrink)

: When children and incapacitated adults are enrolled in research that cannot directly benefit them, they can be exposed to no more than "minimal" risks, according to guidelines accepted around the world. We need a new standard for what "minimal" risks are, howeve--one that recognizes that participating in nonbeneficial research is like participating in a charitable activity. Such a standard appears likely to provide more stringent protections for these vulnerable populations.

The actions of pregnant women can cause harm to their future children. However, even if the possible harm is serious and likely to occur, the law will generally not intervene. A pregnant woman is an autonomous person who is entitled to make her own decisions. A fetus in-utero has no legal right to protection. In striking contrast, the child, if born alive, may sue for injury in-utero; and the child is entitled to be protected by being removed from her parents (...) if necessary for her protection. Indeed, there is a legal obligation for health professionals to report suspected harm, and for authorities to protect the child's wellbeing. We ask whether such contradictory responses are justified. Should the law intervene where a pregnant woman's actions risk serious and preventable fetal injury? The argument for legal intervention to protect a fetus is sometimes linked to the concept of ‘fetal personhood’ and the moral status of the fetus. In this article we will suggest that even if the fetus is not regarded as a separate person, and does not have the legal or moral status of a child, indeed, even if the fetus is regarded as having no legal or moral status, there is an ethical and legal case for intervening to prevent serious harm to a future child. We examine the arguments for and against intervention on behalf of the future child, drawing on the example of excessive maternal alcohol intake. (shrink)

Shame has been found to promote both approach and withdrawal behaviours. Shame theories have not been able to explain how shame can promote such contrasting behaviours. In the present article, the authors provide an explanation for this. Shame was hypothesised to activate approach behaviours to restore the threatened self, and in situations when this is not possible or too risky, to activate withdrawal behaviours to protect the self from further damage. Five studies with different shame inductions and different dependent (...) measures confirmed our predictions. We therefore showed that different behavioural responses to shame can be understood in terms of restore and protect motives. Implications for theory and behavioural research on shame are discussed. (shrink)

Les logiciels d’aide à la décision basés sur des techniques d’intelligence artificielle sont de plus en plus utilisés dans le domaine de la justice. Or ces techniques nécessitent souvent d’accéder à de grandes quantités d’informations personnelles afin de réaliser un apprentissage de qualité. En France, le cadre légal semble aujourd’hui favorable à l’ouverture des jugements, pourvu que la vie privée des personnes concernées soit respectée. Cependant, la protection des données personnelles destinées à être publiées reste difficile techniquement. Cet article a (...) pour objectif de décrire une attaque minimaliste qui a été réalisée en 2014 sur un jeu de données protégé par l’application d’un algorithme de pseudonymisation. L’originalité de cette attaque réside dans sa simplicité de fonctionnement – elle ne nécessite pas d’accès à un jeu de données auxiliaire – et dans sa cible – l’algorithme de pseudonymisation. Nous présentons la famille des algorithmes de pseudonymisation, décrivons et analysons l’attaque, et concluons sur la place de la pseudonymisation dans le Règlement Général sur la Protection des Données personnelles. (shrink)

In this paper, I consider the question of why future generations need protecting, and how we might go about providing such protection. I begin by claiming that our basic position with respect to the further future can be characterized by what I call the problem of intergenerational buck-passing. This problem implies that our temporal position allows us to visit costs on future people that they ought not to bear, and to deprive them of benefits that they ought to have. Next, (...) I claim that it is plausible to think that this problem is manifest in the case of two serious intergenerational issues: climate change and nuclear protection. Third, I suggest that the problem is exacerbated by a problem of theoretical inadequacy: at present, we lack the basic conceptual tools with which to deal with problems involving the further future. I illustrate this problem through a discussion of the dominant theoretical approach in public policy, cost benefit analysis. Finally, I consider what is to be done. Here I make two basic proposals. The first is that we should investigate a promising form of the precautionary approach, which I call ‘the Global Core Precautionary Principle’. The second is that we should not lose sight of the fact that the problems of intergenerational buck passing and theoretical inadequacy create an atmosphere in which we are extremely vulnerable to moral corruption. (shrink)

When information is transformed from what has traditionally been a paper-based format into digitized elements with meaning associated to them, new and intriguing discussions begin surrounding proper and improper uses of this codified and easily transmittable information. As these discussions continue, some health care providers, insurers, laboratories, pharmacies, and other healthcare stakeholders are creating and retroactively digitizing our medical information with the unambiguous endorsement of the federal government.Some argue that these enormous databases of medical information offer improved access to timely (...) information, evidence-based treatments, and complete records from which to provide care. To the extent that these claims are true, it would seem that this is a valuable asset that offers immeasurable benefit to all. Others believe this digitization to be an egregious invasion of privacy. In this article, I investigate the broad research questions of whether the public good aspect of capturing private health information outweighs individual interests and whether it is ethical to mandate participation in health information exchanges by all individuals who use the U.S. health system. (shrink)

Succession of states regains its importance in current geopolitical situation as now we are witnessing a possible new wave of state succession: South Sudan has been accepted to the United Nations, Kosovo’s independence has been recognized by many countries, Palestine has gained new status in the United Nations, etc. This would lead to the necessity to resolve questions related to succession of states, which might, among other subjects, include issues of diplomatic protection which was subject to international legislation – International (...) Law Commission has prepared the Draft Articles on Diplomatic Protection. However, General Assembly is still not ready to adopt this document as a convention, therefore the term to consider possible ways of handling the issues on diplomatic protection within the UN was extended till 2013. Draft articles give the definition of diplomatic protection, indicating the main features of this institute. However, sometimes the difference among the institutes being called the same name with diplomatic protection might cause misunderstandings when analyzing the issue both in general and in the context of succession of states. One of the main prerequisites for diplomatic protection recognized in the jurisprudence of International Court of Justice is the Mavrommatis rule, which indicates that when protecting the citizen’s rights, state in reality is asserting its own right. This rule has been cited in other cases, however, especially now, when individuals already have quite a number of measures to protect their individual rights independently from the actions of state, it has been acknowledged that the rule is fictitious. This recognition, reflected in the Draft Articles and indicated in the commentary of it, is most welcomed as it helps to resolve questions related to the succession of states. There is a need to understand that there is a difference between international obligations under which state is entitled to diplomatic protection and those under which it really asserts its own rights, despite the fact that the latter might also be related to the rights of individuals. This difference is also important in the context of the succession of states, as the consequences arising out of the breach of these obligations in the context of state succession might differ. The last but not least issue addressed in the article is the question of the succession to treaties, which indicate individual rights, but does not form a customary international law. The question is whether the successor state is entitled to diplomatic protection on behalf of its succeeded citizen in a case of a breach of international treaty which was not subject to succession by the successor state. Taking everything into account, there are issues which are not addressed in the Draft Articles on Diplomatic Protection. Herewith there are issues of diplomatic protection which should be addressed in a case of state succession. Nonetheless, it should be reminded that diplomatic protection is always subject to the decision of the state itself, it is just important that newly created states understand and know the possibility to invoke international responsibility of the third state using the means of diplomatic protection, even if the injury was made to its national before the moment of state succession. (shrink)