Within European cross-border health care, recent studies have identified several types of international patients. Within the Anglo-Saxon setting, the specific terminology of medical tourism is used. The analytical purpose of the paper is to resolve this semantic difference by suggesting an alternative terminology, 'transnational health care' that is understood as a 'context-controlled and coordinated network of health services'. For demand-driven trans-border access seekers and cross-border access searchers, there is a need to opt for regional health-policy strategies. For supply-driven sending context actors and receiving context actors, there would be organizational benefits to these strategies.Applying the terminology of trans-border access seekers, cross-border access searchers, sending context and receiving context actors results in a transnational patient mobility typology of twelve types of international patients, based on the criteria of geographical distance, cultural distance and searching efforts, public/private/no cover and private/public provision of health services. Finally, the normative purpose of the paper is to encourage the use of this terminology to promote a policy route for transnational health regions. It is suggested that the development of transnational health regions, each with their own medical and supportive service characteristics, could enhance governmental context-controlled decision power in applying sustainable health destination management.
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The phenomenon of transnational health care has grown rapidly over recent years and this book provides a comprehensive landscape of diverse research communities' attempts to capture its implications for existing bodies of knowledge in selected aspects of medicine, medical ethics, health policy and management, and tourism studies.
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This paper addresses the extraterritorial dimension of transnational corporations, focusing on the corporate accountability-deficit that characterizes the current International legal framework. The analysis looks at parent companies’ civil liability for environmental harm caused abroad. By introducing a selected number of foreign direct liability cases brought before European national courts, the paper investigates whether the binding environmental and human rights reporting obligations contained in Directive 2014/95/EU contribute to the determination of a parent company’s duty of care towards its overseas subsidiaries, and consequently establish their potential liability.
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Research on migrant youth makes two longstanding assumptions: that they are immobile following their own or their parents’ migration and that their resource environments are confined to their country of residence. Recent investigations of transnational youth mobility question both assumptions, showing that migrant youth – including the first and second generations – are highly mobile, and that their mobility has multiple impacts on their lives. This paper seeks to add to this growing literature by conceptualising as ‘transnational resources’ the perspectives, values, knowledge, and skills that migrant youth gain from their mobility between their countries of origin and residence and which become meaningful in various aspects of their multi-local (or what we call transnational) lives. Drawing on ethnographic data with 81 young people who are mobile between Ghana and three European countries (Belgium, Germany, and the Netherlands), we analyse the three main transnational resources we identified – enhanced sense of self, adaptability, and future outlook. Engaging the dual analytical lenses of temporalities and trajectories, we show both how transnational resources are gained through embodied mobility experiences and how they become meaningful in migrant youth’s lives across time and space.
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ABSTRACT This study investigates how perceptions of radicalisation and co-occurring mental health issues differ between mental health care and the security domain, and how these perceptions affect intersectoral collaboration. It is generally thought that intersectoral collaboration is a useful strategy for preventing radicalisation and terrorism, especially when it concerns radicalised persons with mental health issues. It is not clear, however, what perceptions professionals have of radicalisation and collaboration with other disciplines. Data was obtained from focus groups and individual interviews with practitioners and trainers from mental health care and the security domain in the Netherlands. The results show a lack of knowledge about radicalisation in mental health care, whereas in the security domain, there is little understanding of mental health issues. This leads to a mad-bad dichotomy which has a negative effect on collaboration and risk management. Improvement of the intersectoral collaboration by cross-domain familiarization, and strengthening of trust and mutual understanding, should begin with the basic training of professionals in both domains. The Care and Safety Houses in the Netherlands offer a sound base for intersectoral collaboration. Future professionals from different domains ought to be familiarized with each other’s possibilities, limitations, tasks, and roles.
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This paper investigates the prospective application of arbitration by Transnational Private Regulation (TPR). It builds on the study of TPR developed by Fabrizio Cafaggi et al. TPR addresses the ever-increasing transfer of regulatory power from national to global levels, and from public to private regulators. TPR entails private regulatory co-operation be-yond the jurisdictional boundaries of States through voluntary standards. The regimes of TPR are built by a variety of actors, such as companies, NGOs, independent experts, and epistemic communities. Examples of TPR can be found in food safety, forestry management, trade, and derivatives, among other fields. More specifically, they concern private actors engaging in transnational coordination of standard setting such as the Forest Stewardship Council (FSC) that was developed to foster responsible management of the world’s forests. There are four main characteristics of TPR: legitimacy, quality, effectiveness, and enforcement. I will describe those four characteristics in brief here. First, the legitimacy of TPR is built around consent through voluntary entry, participation, and exit of regulated entities. Important to this contribution is that the legitimacy of TPR goes beyond its legal dimension, measured by purely legal standards. Hence, the legitimacy of TPR is largely determined by standards developed by social and economic institutions relevant to specific TPR regimes. The role of those institutions in standard settings is higher in private TPR regimes than private-public TPR regimes, where some forms of compliance are mandatory. Second, the quality of TPR corresponds to the ex ante and ex post evaluation cycle of regulatory processes. It is also linked with the transparency of TPR. Third, the effectiveness of TPR is measured according to the extent to which the objectives of TPR (or selected TPR regimes) are met. And finally, enforcement of TPRis understood as ‘ensuring compliance with commitments’. Enforcement of TPR can take place through courts, administrative agencies, and private dispute resolution—including the arbitration at the core of this contribution. Cafaggi’s study identified rather selective use of arbitration in TPR, but also recommended changes to make arbitration law more adaptable to TPR. Furthermore, the study recommended that more specialized dispute resolution institutions are created to exclusively serve TPR. Against this background, I shift the main focus of analysis from TPR to arbitration. Whereas Cafaggi argued that arbitration may be suitable for TPR as a means of private enforcement, in this paper I go even further, arguing that arbitration as a means of informal, out-of-court dispute resolution is well suited to strengthen the normativity of TPR. This is so because private arbitration actors (including, inter alia, arbitrators and arbitral institutions) are already equipped with the tools necessary to facilitate cross-border TPR, which is done through informal standards and procedures with origins in the communitarian values and reputational mechanisms used by different communities before the development of modern States. The roots of most private justice regimes—including arbitration—are informed by communitarian values such as collaboration, participation, and personal trust. Those values, together with other core characteristics of arbitration correspond to all core characteristics of TPR, making both systems comparable and complementary. The analytical framework incorporated in this paper follows the four core characteristics of TPR. Hence, the paper is organized into five sections. The first section contains the introduction. In the second section, I analyze the legitimacy of arbitration vis-à-vis the legitimacy of TPR. In the third section, I investigate the accountability of arbitration as a means of quality signaling vis-à-vis TPR. In the fourth section, I focus on the remedies available to arbitrators in a view of TPR’s effectiveness. Finally, in the fifth section, I analyze enforcement through arbitration and its impact on the exclusiveness versus complementarity of TPR regimes. Conclusions follow, including recommendations for future research. Part of topic "The blurring distinction between public and private in international dispute resolution"
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In this article we look at the various paths taken by transnational and domestic entrepreneurs based on their education and work experience. These act as catalysts for skills that allow migrant entrepreneurs to better position themselves in different markets. Differences in migrant entrepreneurs allow us to better understand the strategies employed and the consequences for society and the economy at both domestic and transnational levels. Earlier research has extensively analysed individual characteristics of migrant entrepreneurs and, to a much lesser extent, the geographical nature of their business activities.This article addresses this gap by looking at the geographical orientation of migrant entrepreneurs’ businesses. The research question is as follows: In what ways are transnational or domestic activities of Moroccan migrant entrepreneurs in the Netherlands and Italy influenced by skills acquired in earlier experiences? We provide empirical evidence on the different paths leading to domestic and transnational activities using a micro-level perspective of the experiences collected in the narratives of first-generation Moroccan migrant entrepreneurs who have migrated to Milan or Amsterdam (N=70).Four different paths combining these two life experiences emerged from the interviews: #1 Job-based, #2 Education-driven, #3 Job-education merger, and #4 By chance (neither education nor work experience). The most relevant paths for migrant entrepreneurs seem to be the first (#1) and third (#3) paths. Furthermore, our findings show that transnationally oriented entrepreneurs have an extended business-oriented education and rely on skills learned, in contrast to domestically oriented entrepreneurs who become entrepreneurs ‘by chance’.
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Objectives: To understand healthcare professionals' experiences and perceptions of nurses' potential or ideal roles in pharmaceutical care (PC). Design: Qualitative study conducted through semi-structured in-depth interviews. Setting: Between December 2018 and October 2019, interviews were conducted with healthcare professionals of 14 European countries in four healthcare settings: hospitals, community care, mental health and long-term residential care. Participants: In each country, pharmacists, physicians and nurses in each of the four settings were interviewed. Participants were selected on the basis that they were key informants with broad knowledge and experience of PC. Data collection and analysis: All interviews were conducted face to face. Each country conducted an initial thematic analysis. Consensus was reached through a face-to-face discussion of all 14 national leads. Results: 340 interviews were completed. Several tasks were described within four potential nursing responsibilities, that came up as the analysis themes, being: 1) monitoring therapeutic/adverse effects of medicines, 2) monitoring medicines adherence, 3) decision making on medicines, including prescribing 4) providing patient education/information. Nurses' autonomy varied across Europe, from none to limited to a few tasks and emergencies to a broad range of tasks and responsibilities. Intended level of autonomy depended on medicine types and level of education. Some changes are needed before nursing roles can be optimised and implemented in practice. Lack of time, shortage of nurses, absence of legal frameworks and limited education and knowledge are main threats to European nurses actualising their ideal role in PC. Conclusions: European nurses have an active role in PC. Respondents reported positive impacts on care quality and patient outcomes when nurses assumed PC responsibilities. Healthcare professionals expect nurses to report observations and assessments. This key patient information should be shared and addressed by the interprofessional team. The study evidences the need of a unique and consensus-based PC framework across Europe.
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