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The focus of this chapter is the use of international arbitration for BHR disputes. The first part sets out the theoretical framework. It places arbitration within the context of the UN Guiding Principles on Business and Human Rights (“UNGPs”) and the barriers to individuals securing remedies. The merits and limitations of arbitration as an existing mechanism for resolving BHR disputes are discussed. The authors also consider how international arbitration, with appropriate modifications, may be complementary to, and operate in parallel with, both existing state-based judicial mechanisms as well as possible multilateral institutions for resolution of BHR disputes in the future. The second part of the chapter considers the pragmatic angle of arbitration of BHR disputes through: (i) the prism of the experience of the Bangladesh Accord Arbitrations; (ii) the formulation of BHR-specific arbitral procedures in the form of the Hague Rules; and (iii) the potential embrace of BHR arbitration in a range of specific industries, namely fast fashion, mega-sporting events, and commerce at sea.
Few emergency medical services (EMS) interventions in New Mexico have been assessed for efficacy, potential harm, or potential benefit. There is concern that many interventions added over the years may be outdated, harmful, or ineffective in the EMS setting. A formal process for reviewing the state EMS scope of practice using literature review and expert consensus is discussed. In Phase One of the project, interventions in the New Mexico EMS scope of practice were prioritized for further review by surveying a national cadre of EMS experts to evaluate EMS interventions using a utilitarian harm/benefit metric.
Methods
An electronic survey based on the 2010 New Mexico EMS Scope of Practice statute was administered from March through June, 2011. A national cadre of 104 respondents was identified. Respondents were either State EMS medical directors or EMS fellowship directors. Respondents were asked to rate the potential harm and the potential benefit of specific EMS interventions on a 5-point ordinal scale. Median harm and benefit scores were calculated.
Results
A total of 88 completed surveys were received following 208 emailed invitations to 104 respondents (43% response rate). Twenty-two (22) highest-priority interventions (those with a harm/benefit median score ratio of >1) were identified. Seven additional second-priority interventions were also identified. These interventions will be advanced for formal literature review and expert consensus.
Conclusions
The New Mexico EMS Interventions Project offers a novel model for assessing a prehospital scope of practice.
MunkMD, FullertonL, BanksL, MorleyS, McDanielsR, CastleS, ThorntonK, RichardsME. Assessing EMS Scope of Practice for Utility and Risk: the New Mexico EMS Interventions Assessment Project, Phase One Results. Prehosp Disaster Med.2012;27(5):1-6.
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