This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data? The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.

This book investigates recent policy initiatives dealing with the online enforcement of copyright in the European Union, providing unique insights into the current stalemate in the field. It is a timely contribution to the next steps of policy-making on copyright enforcement and Internet governance. The author brings to light tensions in how we encourage knowledge and cultural creation, and importantly how we regulate the Internet. In this study, online copyright enforcement is situated within the wider debate on Internet governance. Intermediary liability is a focal point. It provides an explanation of recent online copyright enforcement policy initiatives is based on an in-depth investigation of the ideas, interests, institutions and discourses involved in three EU level and two member state level initiatives. Seventy-two expert interviews complement the policy analysis conducted.

This book explores who climate refugees are and how environmental justice might be used to overcome legal obstacles preventing them from being recognized at an international level. Francesca Rosignoli begins by exploring the conceptual and complex issues that surround the very existence of climate refugees and investigates the magnitude of the phenomenon in its current and future estimates. Reframing the debate using an environment justice perspective, she examines who has the responsibility of assisting climate refugees (state vs non-state actors), the various legal solutions available and the political scenarios that should be advanced in order to govern this issue in the long term. Overall, Environmental Justice for Climate Refugees presents a critical interrogation of how this specific strand of forced migration is currently categorized by existing legal, ethical and political definitions, and highlights the importance of applying a justice perspective to this issue. Exploring the phenomenon of climate refugees through a multi-disciplinary lens, this book will be of great interest to students and scholars of environmental migration and displacement, environmental politics and governance, and refugee studies.

Agricultural Policy in the United States: Evolution and Economics traces U.S. agricultural policy from its colonial roots to the present, using economic concepts to analyze and interpret political and economic consequences. It also examines the processes by which agricultural policies are developed, and the government structure which supports the implementation of legislation passed by Congress. The book includes arguments for and against common tools of U.S. agricultural policy, without influencing the reader in a particular direction. Each chapter contains questions and exercises to support students' learning, and technical economic material is contained in optional appendices. This second edition examines the Agriculture Improvement Act of 2018 and sets the scene for future policy developments. Additionally, it looks at trade wars and the impact of Black Swan events like the COVID-19 pandemic on agricultural resilience.

This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not - and, indeed, should not - control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

"Ball's arguments are concise, compelling, and backed with considerable case law. This volume is highly recommended for upper-level undergraduates and above in law, philosophy, and the medical humanities interested in the 'right to die' debates. Summing up: Highly recommended." -Choice Over the past hundred years, average life expectancy in America has nearly doubled, due largely to scientific and medical advances, but also as a consequence of safer working conditions, a heightened awareness of the importance of diet and health, and other factors. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely they are to succumb to chronic, terminal illnesses. In 1900, the average life expectancy was 47 years, with a majority of American deaths attributed to influenza, tuberculosis, pneumonia, or other diseases. In 2000, the average life expectancy was nearly 80 years, and for too many people, these long lifespans included cancer, heart failure, Lou Gehrig's disease, AIDS, or other fatal illnesses, and with them, came debilitating pain and the loss of a once-full and often independent lifestyle. In this compelling and provocative book, noted legal scholar Howard Ball poses the pressing question: is it appropriate, legally and ethically, for a competent individual to have the liberty to decide how and when to die when faced with a terminal illness? At Liberty to Die charts how, the right of a competent, terminally ill person to die on his or her own terms with the help of a doctor has come deeply embroiled in debates about the relationship between religion, civil liberties, politics, and law in American life. Exploring both the legal rulings and the media frenzies that accompanied the Terry Schiavo case and others like it, Howard Ball contends that despite raging battles in all the states where right to die legislation has been proposed, the opposition to the right to die is intractable in its stance. Combining constitutional analysis, legal history, and current events, Ball surveys the constitutional arguments that have driven the right to die debate.

In this provocative and thought-provoking book, Professor of Ethics Thomas Sobirk Petersen explains why the World Anti-Doping Agency's doping rules are poorly justified and makes a case for a new third way in anti-doping policy that would allow athletes to use substances and methods currently on WADA's prohibited list. The book identifies, clarifies and challenges the central arguments that are used in the often highly emotional debates around doping, and argues strongly that open dialogue about doping is essential as it defines the territory in which athletes, physicians, managers, coaches and pharmaceutical companies can operate safely. It is rooted in the theory of ethics and illustrated with real cases, examples and experiences from sport at all levels, from the auto-biographical to some of the most high-profile doping cases in history. This is an essential addition to the bookshelves of researchers and students of sports studies like sports philosophy, sports law, sports medicine and the sociology of sport, and a fascinating read for anybody interested in the darker side of sport and in its possible futures.

Offering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today's dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.

This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships' projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.

This book analyses the case-law of the European Court of Justice on free movement in the energy sector. Sirja-Leena Penttinen provides a comprehensive review of the interpretation and application of the free movement provisions in the energy sector by the European Court of Justice (ECJ), which allow for cross-border energy trade (free movement of goods) and energy investments (free movement of capital). Through detailed analysis of ECJ case-law, Penttinen tracks the development of the legislative framework at EU level in response to the growth of the energy sector, as well as exposing the various political and economic nuances at play. In addition, she sheds light on the dynamic relationship between the EU Member States and their regulatory autonomy, the EU legislator, the Commission and the Court in the establishment of the EU internal energy market. Taking a coherent, systematic approach, this volume will be of great interest to scholars of EU law and energy policy, as well as policymakers and professionals working in this sector.

This book provides a systematic and interdisciplinary study of occupational mental health legislation in seven countries. The work presents a study of the laws, policies, and legal interpretations to help prevent mental health problems from occurring in the workplace and appropriately address problems once they do occur. With a view to improving provision in Japan, the author examines the legal issues relating to workplace mental health and stress in the USA, UK, Denmark, the Netherlands, France and Germany. In presenting a comparative discussion of mental health issues in the workplace, this book seeks to establish a minimum for legal rights and duties that contribute to prevention and not just compensation. With its detailed comparative and descriptive coverage of legal and related provisions in a range of countries, the book will be a valuable resource for academics, policy-makers and practitioners working in labour and employment law, social welfare, occupational health and human resource management.

The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.

The UN Convention on the Rights of Persons with Disabilities has facilitated the understanding that disability is both a human rights and development issue. In order to achieve the Sustainable Development Goals by 2030, the focus on disability inclusion has become increasingly important in the discourse of international and national efforts for "leaving no one behind", the motto of the SDGs. This book discusses pertinent and emerging themes such as disability rights, globalization, inequalities, international cooperation and representation. Evidence which has been obtained tends to show that persons with disabilities have been disproportionately left behind without proper representation, participation and inclusion. This book critically investigates the gaps at different levels, from top to bottom, and as importantly, within the global disability movement, for the realization of global disability rights, and theorizes the intersection of disability, globalization and human rights. Empirical case studies from different countries and contexts are introduced to deepen analysis on theories of critical disability studies from a global perspective. Co-edited by a disability researcher and the former United Nations Special Rapporteur on Disability, this book will be of interest to all students, academics, policy makers and practitioners working to advance the cause of disability rights around the world.

In Climate Change Law in China in Global Context, seven climate change law scholars explain how the country's legal system is gradually being mobilized to support the reduction of greenhouse gas emissions in China and achieve adaptation to climate change. There has been little English scholarship on the legal regime for climate change in China. This volume addresses this gap in the literature and focuses on recent attempts by the country to build defences against the impacts of climate change and to meet the country's international obligations on mitigation. The authors are not only interested in China's laws on paper; rather, the book explains how these laws are implemented and integrated in practice and sheds light on China's current laws, laws in preparation, the changing standing of law relative to policy, and the further reforms that will be necessary in response to the 2015 Paris Agreement on Climate Change. This comprehensive and critical account of the Chinese legal system's response to the pressures of climate change will be an important resource for scholars of international law, environmental law, and Chinese law.

This book provides an important critique of mental health law and practice in China, with a focus on involuntary detention and treatment. The work explores China's mental health law reform regarding treatment decision-making in the new era of the UN Convention on the Rights of Persons with Disabilities (CRPD). It adopts a socio-legal approach, not only by undertaking a comprehensive desk-based analysis of the reforms introduced by China's Mental Health Law (MHL) but also examining its implementation based on evidence from practice. The book seeks to investigate whether China's first national MHL takes a step closer to the requirements of the UN Convention on the Rights of Persons with Disabilities on mental health treatment decision-making, and, if not, why not? The book will be of interest to those working in the areas of mental health law and policy, medical law and disability, human rights law, and Asian Studies.

This book provides a well-focused and comprehensive overview of the history and background of nanocarbon based materials like carbon nanotubes, graphene, and fullerenes. It discusses their structure, synthesis, properties and modifications for making various advanced materials. The authors focus on their use in the health care sector as therapeutic agents in pharmacy and medicine, in diagnosis and analysis in pharmacy and medicine, as biosensors, gene and drug delivery, cancer therapy, biosensing and bioimaging, go-based antibacterial materials, and as a promising antioxidant and GO-based scaffold for cell culture. The authors also showcase the application potential of advanced nanocarbon based materials by examining the biomedical applications developed via novel advanced designing, in which the technologies will be adopted and the end users can be benefited. Finally the authors discuss the increasing research on carbon based materials, along with the challenges they are currently facing along with possible solutions that may result in the availability of the accessible, reliable and cost-efficient technology. The potential user for this book may be medical practitioners, biologists, pharmacists, and chemists.This book covers in-depth knowledge of processing parameters for making nanocarbon based material for high end applications in the biomedical and pharmaceutical fields.

This accessible and practical guide de-mystifies the Mental Health Tribunal for health and social care professionals. Written by a mental health lawyer and a MHT Panel member, it offers essential explanations of all stages of the MHT proceedings, from initial application to the final decision. The book also provides answers to frequently asked questions and provides top tips to help guide through the whole process.

This book identifies and explains the different national approaches to data protection - the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals - and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments - including the European Union's General Data Protection Regulation applicable as of 25 May 2018 - have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.

Interviewing of Suspects with Mental Health Conditions and Disorders in England and Wales explores cutting-edge research that focuses specifically on these adults (including their cognitive needs and psychological vulnerabilities), the impact on the investigative interview, and existing legislation, guidance and practice. The book opens with a historical overview of the move from interrogation to investigative interviewing, including the impact of well-known miscarriages of justice and the inquiry that led to the development of current best practice interviewing. Further chapters focus on the concept of vulnerability within current theoretical frameworks, with a particular emphasis on mental health conditions and disorders, including how they are constructed, understood, and identified within legislation and by those working at the forefront of the criminal justice system. The book also examines current safeguards available to the suspect with mental health conditions and disorders, such as the Appropriate Adult; contemporary research explores their involvement with vulnerable suspects and whether it is sufficient, as well as how the Appropriate Adult understands and experiences their role. Final chapters scrutinise current best practice investigative interviewing of suspects with mental health conditions and disorders, and a paradigm shift towards an emerging evidence-based interview model that considers the vulnerabilities associated with suspects with mental health conditions and disorders in the investigative interview. Examining current psychological theory, contemporary research and existing legislation and guidance including authorised professional practice, this book will be of interest to those working within the criminal justice system, as well as policing and forensic psychology students. In particular, it is essential reading for all serving and trainee police officers, those delivering investigative interviewing training, and interviewing personnel, such as Appropriate Adults.

This book focuses on a border police collaboration project in the Baltic Sea area aiming at fighting cross-border crimes. It deals with the challenges that inherently "suspicious" organizations face when forced to work together. The study offers unique insights into a European border police project, giving the reader a behind the scenes account of how cross-border policing and organized crime in Europe is prevented and solved. Through detailed ethnographic descriptions, the book describes how a trust-based relationship, which is necessary for the exchange of sensitive intelligence information, gradually developed by the participants in and through their joint efforts to protect Europe from external threats and by performing everyday work together. The study presented in this book is of interest to scholars as well as practitioners concerned with migration management, border policing, intelligence analysis, police culture, and the changing nature of policing in an increasingly global and interconnected world. The book includes various sociological features, such as emotion management, emotional labor, hegemonic masculinity, and takes an interactionist perspective on informal interactions such as joking, bantering, and telling stories. It is also of interest to readers engaged in various forms of intra-, inter-organizational, and inter-cultural collaborations.

The World Commission on Dams (WCD) report (2000) Dams and Development: A New Framework for Decision-Making set a landmark in the ongoing controversy over large dams. Now that more than ten years have passed, one has to realize that the WCD norms matter. However, their real chance of becoming implemented relies on whether their core values, strategic priorities and guidelines are accepted by national decision-makers and are translated into official policies and practices. The book s major concern is whether the big hydropower states have improved their standards for environment and resettlement, and whether international standards are applied or exist only on paper.

The introductory and synthesis chapters present the methodological approach and discuss the findings. Other chapters analyze changes in dam policies in the big hydropower states Brazil, China, India and Turkey; the role of non-governmental organizations in advocating against the Turkish Ilisu Dam project on the Tigris River; the strategies of International Rivers and World Wildlife Fund for Nature in the global hydropower game; the policies of the German government and its positioning in the dam debate, and the engagement of Chinese actors in building the Bui Dam (Ghana) and the Kamchay Dam (Cambodia).

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`Hard on the heels of a recent surge in charity-law reforms around the world comes this comprehensive volume of analysis and caution by leading academics and practitioners from many of the countries undergoing change. This timely and essential resource will not only aid those jurisdictions where welcome modernization has occurred, but also provide guidance and lessons for policy makers and scholars in Australia's renewed push for reform - as well as in the United States, where serious debates are just starting.' - Evelyn Brody, Chicago-Kent College of Law and Reporter, American Law Institute's Project on Principles of the Law of Nonprofit Organizations, US In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics, regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society. This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.

* Begins with an overview including Identification of Goals, Recommended Texts, Notes to faculty, and Notes to Learners * Entails the incorporation of more recently emerging ethical dilemmas, some of which concern the use of technology, vignettes embedded in the text, and a variety of new exercises to enhance the use of the text in training settings. The text, which is organized into 5 modules, features an entirely new module on informed consent. The last chapter places much greater emphasis on the person of the group psychotherapist and the kinds of therapist biases that can interfere with sound ethical decision-making * Includes an accompanying PowerPoint eResource