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Books > Law > Laws of other jurisdictions & general law > Social law
Biobank research and genomic information are changing the way we look at health and medicine. Genomics challenges our values and has always been controversial and difficult to regulate. In the future lies the promise of tailored medical treatments and pharmacogenomics but the borders between medical research and clinical practice are becoming blurred. We see sequencing platforms for research that can have diagnostic value for patients. Clinical applications and research have been kept separate, but the blurring lines challenges existing regulations and ethical frameworks. Then how do we regulate it? This book contains an overview of the existing regulatory landscape for biobank research in the Western world and some critical chapters to show how regulations and ethical frameworks are developed and work. How should international sharing work? How design an ethical informed consent? An underlying critique: the regulatory systems are becoming increasingly complex and opaque. The international community is building systems that should respond to that. According to the authors in fact, it is time to turn the ship around. Biobank researchers have a moral responsibility to look at and assess their work in relation to the bigger picture: the shared norms and values of current society. Research ethics shouldn't only be a matter of bioethicists writing guidelines that professionals have to follow. Ethics should be practiced through discourse and regulatory frameworks need to be part of that public discourse. Ethics review should be then not merely application of bureaucracy and a burden for researchers but an arena where researchers discuss their projects, receive advice and practice their ethics skills.
The report was launched during China's Twelfth Five-year Period (2011-2015). After revising the measurement system of the Green Development Index 2011, the report measures the green development level of 30 provinces, municipalities and autonomous regions as well as 38 large and medium-sized cities in China. A Public Satisfaction Survey of the Urban Residents is first introduced into the report. Both the province and the city Green Development Index systems consist of three parts, the green degree of economic growth, the carrying potential of natural resources and environment, and the support degree of government policies. The three parts reflect the production and resource usage efficiency, the situation of environment and resources protection and pollutants emission, and government's related investment and management respectively. The China Green Development Index Report 2012 has the comprehensive evaluation of the green economy development in China and its importance to China's rational development and switch in economic development model.
Along with aviation and telecommunications, the gas supply chain has proved to be one of the paradigmatic factors in the great transformation in regulated industry law that has characterized recent decades. The liberalization in the gas market has taken two primary legal forms: (i) removal of entry barriers in competitive sectors; and (ii) regulation of infrastructure sectors through unbundling (economic separation of competitive and infrastructure sectors), and open access (requiring gas infrastructure owners/operators to allow competitors to access their facilities on commercial terms comparable to those that would apply in a competitive market). This book will focus on the latter legal form. This is the first book to analyze, in a comparative way, the detailed development of the unbundling and open access regimes across three continents. It is the author's contention that these two legal forms should be more widely implemented than they are at present. In each of five substantial chapters - on the United States, Europe, Japan, South Korea, and Taiwan - the author first focuses on the proposed or current laws and industrial practices on service, account, functional, legal and ownership unbundling and independent system operator, and then on those of different open access regimes (mainly including regulated and negotiated third party access), insofar as they have been developed in each location. Using empirical evidence from Europe, the United States, and Japan that a well-formulated and comprehensive liberalization can bring about more advantages than disadvantages, he shows how well-designed unbundling and open access regimes may accomplish the following: * inject much-needed competition into gas exploration, exploitation, import, production, and retailing; * reform and re-regulate non-competitive sectors such as transportation, distribution, and storage; * balance potential conflicts between energy security and competition; and * support interests such as environmental protection, energy rights, safety, and consumer protection. The author attends throughout to the contrasting market situations in countries that rely on importing natural gas by liquefied natural gas tankers (LNG countries), and countries with their natural gas mainly coming from production fields via direct pipelines (PNG countries). Identifying the key legal issues arising from the development of the various unbundling and open access regimes discussed, the book goes on to provide a detailed general legislative framework for gas liberalization that applies especially to LNG countries. The author finds, perhaps surprisingly, that both LNG countries and PNG countries can in fact learn from each other. This book will be a key reference for anyone interested in the legal issues of gas liberalization, and will also provide the international energy community with keen insight into the unbundling and open access regimes in the United States, Europe, Japan, South Korea and Taiwan. Policymakers around the world will discover an excellent framework for launching or improving a gas liberalization scheme.
A comprehensive introduction to the vocabulary and definitions of the terms involved in the health care and bioethics debate. To what lengths will we go to attain the level of perfection we want for our own health? What costs are we willing to pay? What are the rights of the individual to challenge difficult issues? If there is a disagreement, who decides the outcome? These and many other questions are addressed in this unique reference work.
Divided into three sections, this book explores the three main pillars of sustainable development, namely economy, environment and society, and their interlinkages at the regional level. The first section, Access and Benefit Sharing (ABS) for sustainable development, focuses on international agreements and national legislation, as well as the challenges in implementing ABS in e.g. India. In turn, the second section examines the process of forming Biodiversity Management Committees (BMCs) at the Local Self Government (LSG) level to promote environmental sustainability, highlighting local and community-level conservation initiatives that have led to the conservation of habitats and species. The third section addresses poverty eradication and food security. The case studies included demonstrate how the combination of traditional knowledge and modern techniques can enhance the productivity of traditional crop varieties, yielding greater benefits for communities. The aim of this volume is to disseminate the lessons learned from these case studies, as well as the findings from projects already in place, which can offer recommendations that can be applied to similar problems elsewhere in an attempt to find environmental solutions for sustainable development. Further, it introduces readers to new approaches to inclusive development, demonstrating that participation and grass root empowerment are key drivers of equitable and sustainable development.
This book addresses the need for deeper understanding of regulatory and policy regimes around the world in relation to the use of water for the production of 'unconventional' hydrocarbons, including shale gas, coal bed methane and tight oil, through hydraulic fracturing. Legal, policy, political and regulatory issues surrounding the use of water for hydraulic fracturing are present at every stage of operations. Operators and regulators must understand the legal, political and hydrological contexts of their surroundings, procure water for use in the fracturing and extraction processes, gain community cooperation or confront social resistance around water, collect flow back and produced water, and dispose of these wastewaters safely. By analysing and comparing different approaches to these issues from around the globe, this volume gleans insights into how policy, best practices and regulation may be developed to advance the interests of all stakeholders. While it is not always possible to easily transfer 'good practice' from one place to another, there is value in examining and understanding the components of different legal and regulatory regimes, as these may assist in the development of better regulatory law and policy for the rapidly growing unconventional energy sector. The book takes an interdisciplinary approach and includes chapters looking at water-energy nexus security in general, along with issue-focused and geographically-focused case studies written by scholars from around the world. Chapter topics, organized in conjunction with the stage of the shale gas production process upon which they touch, include the implications of hydraulic fracturing for agriculture, municipalities, and other stakeholders competing for water supplies; public opinion regarding use of water for hydraulic fracturing; potential conflicts between hydraulic fracturing and water as a human right; prevention of induced seismic activity, and the disposal or recycling of produced water. Several chapters also discuss implications of unconventional energy production for indigenous communities, particularly as regards sustainable water management. This volume will be of interest to scholars and students of energy and water, regulators and policymakers and operators interested in ensuring that they align with emergent best global practice.
This book develops a new theory of the modern economy. Conventional economic theory is (still) based on an essentially static notion of equilibrium. In contrast, this book offers an analysis of the economic process based on a truly dynamic approach. It understands modern economic activity as manifesting itself in a growth spiral. There are two main drivers of the dynamics of this spiral: steady money creation in the banking system, on the one hand; and the continuous inflow of energy and raw materials through the exploitation of natural resources, on the other. Both driving forces are generally neglected by the conventional theory. Understanding their role is absolutely essential for preventing our economy from being more and more exposed to financial and ecological crises. This book offers important insights about the functioning of the modern economy and addresses the specialist as well as the interested lay reader.
This book examines the employment arrangements of professional athletes in the Premier League football competition, the National Basketball Association competition and rugby union played at an international level. It describes the organisation and regulatory frameworks of these three professional team sports and highlights the legal, economic and regulatory factors that influence the final form of an athlete's working conditions. It provides a comparative analysis between the sports on issues such as the role of collective bargaining, wage regulation, salary caps, nationality restrictions, eligibility, player movement and the acquisition of a player's intellectual property. It discusses the approaches adopted in each sport for balancing the interests of labour and management, the problem of controlling private regulatory power in professional sport, and considers the extent to which legal or government intervention is required in an athlete's employment relationship. National law can assist players in a domestic league to secure an involvement in the determination of working conditions but it has a more limited effect in a competition organised by an international governing body. This book argues that social regulation through soft law processes at an international level may benefit athletes, consumers and sport globally. It provides a useful case example for comparison with the organisation of other professional team sports in Europe, North America and Australasia. This book is important reading for scholars and practitioners in the fields of international sports law, employment law, competition law, European law and human rights law. It is also highly recommended for students at undergraduate and postgraduate levels taking modules and courses in Sports Law or Sports Business Management. Dr. Leanne O'Leary is a dual-qualified solicitor, Senior Lecturer in Law and member of the Centre for Sports Law Research at Edge Hill University in the United Kingdom. This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval.
This work presents an analysis and commentary on the 1992 United Nations Convention on Biological Diversity, which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention was an international treaty which addressed all aspects of biodiversity, ranging from the conservation of biological diversity and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyzes the controversial issue of intellectual property rights, the problems of implementation in the EU, differences between developing and developed states, and the role of indigenous people. This work was written by members of the Committee on Environmental Law of the British branch of the International Law Association, following an earlier study of International Law and Global Climate Change (Graham & Trotman, 1991).
Authorities in the fields of environmental and international law and policy, political science, environmental technology, and public administration compare and contrast the ways in which the United States and the European Union handle similar environmental issues. The contributors critically analyze the influence of culture and history on the way apparently "similar" developed democracies handle the same problems; they examine the center-state relationship as it applies to EU member countries in contrast to states within the United States; they look at the challenge of transboundary, international, and global environmental problems, and how these relate to the still-emerging geopolitical reconfigurations involved in such structures as NAFTA and the EU; and they examine how transnational resources are handled in the North American and EU contexts. Randall Baker has assembled leading experts who examine significant issues for policymakers and environmentalists in North America and Western Europe.
This book discusses and provides insight on the legal and ethical dilemmas of managing those with Fetal Alcohol Spectrum Disorder (FASD). This book provides a clear perspective for those clinicians and legal professionals who are working with those with this disorder, and correspondingly increases their understanding when arranging effective supports for this population. Historically, the primary focus on FASD has been on children. However, this is a lifelong disorder and the implications of this disorder become even more prominent and complex in adulthood. Those with this condition can struggle with impulsiveness, and a host of cognitive difficulties. This correspondingly impacts their independence and employability, and produces an elevated risk for homelessness and other residential issues, involvement in substance use, being exploited, development of behavioural issues, and subsequent legal difficulties. Their cognitive difficulties result in challenges for legal systems around the world to understand their issues, and to design appropriate remedial strategies, recommendations for treatments and supports, and even for understanding the failure of many of these individuals to be able to change their behaviours effectively. This produces various legal and ethical dilemmas, which are discussed in detail in this volume by 28 authors from Europe, New Zealand and North America. These include discussions regarding the rights of the unborn child, the alcohol industry's duty to warn, whether small amounts of alcohol during pregnancy can be condoned, and even the current use of involuntary hospitalization for addicted mothers. Other chapters discuss the need for training on FASD for front line officers, use of lies during interrogation of those with FASD, medical and legal interventions for offenders with FASD, access to diagnostic services and follow-up supports, and whether FASD can be considered a mitigating factor for sentencing. Furthermore, caregivers also provide their stories regarding the daily dilemmas that are faced in raising those with FASD.
Abortion is one of the most compelling public policy issues facing government and the public in the United States today. Most societies have enacted laws and statutes regarding abortion, and most societies have strong feelings regarding birth control and abortion. But the legal statutes and attitudes follow markedly different approaches. Simon examines how this issue is being faced in the United States, Canada, a sample of Western and Eastern European countries, Middle Eastern, African, and Latin American societies, and, among Asian countries, Japan, China, and India, along with Australia. After a brief historical introduction, Simon examines the legal statutes pertaining to abortion in the selected countries and then reviews public attitudes toward abortion based on responses to national public opinion polls. She concludes by discussing the relationships between the laws and statutes pertaining to abortion and the nations' policies vis- DEGREESDa-vis population growth and control. "Abortion" is the first volume in a series that will examine major public policy issues using an explicitly comparative approach. Each will serve as a handbook for students, researchers, and scholars, containing basic empirical data and comprehensive references on the social issue or practice under examination.
Unter Zugrundelegung neuester Daten der ErnAhrungs- und Landwirtschaftsorganisation der Vereinten Nationen (FAO) zeigt die Autorin die maAgeblichen Aspekte der weltweiten WaldzerstArung in Akonomischer, Akologischer und sozialer Hinsicht auf; zahlreiche regionale und internationale WaldschutzmaAnahmen werden vor dem Hintergrund der Diskussion um eine rechtlich verbindliche Waldschutzkonvention auf ihre Wirksamkeit hin untersucht. Angesichts der weltwirtschaftlichen Verflechtungen des Forstsektors und des Holzhandels ist ein weiterer Untersuchungsschwerpunkt die Frage, ob und ggfs. inwieweit durch unilaterale auAenhandelspolitische Instumente in Form von VerwendungsbeschrAnkungen und Kennzeichnungsregelungen fA1/4r Holz in vAlkerrechtlich zulAssiger Weise EinfluA auf die Vernichtung der weltweiten WaldbestAnde ausgeA1/4bt werden kann und darf.
The International Tribunal for the Law of the Sea is an
international court with competence to settle disputes concerning
the law of the sea. It is a central forum for the settlement of
disputes relating to the interpretation and application of the
United Nations Convention on the Law of the Sea.
For the first time, the sad story of America's uranium miners and the duplicity of our government is revealed. This expert study examines, in microcosm, the political, legal, social, medical, engineering, and ethical problems that emerged when American leaders developed a nuclear arsenal to contain the Soviet Union without considering the cost this could have on innocent lives. Medical and public health personnel, policymakers and political scientists, lawyers and legal historians, and citizen watchdogs will find this account illuminating. Ball provides the context in the 1940s and 1950s for understanding the Communist hysteria that swept the country and led policymakers to develop risky nuclear technology and to engage in uranium mining and production while assuring Navajo and Mormon miners of their safety. The study analyzes the medical consequences and the etiology of cancer among miners, the politics behind radioactive policy, the miners' long legal battles, and compensatory legislation in 1990. An appendix provides a federal report about three decades of radiation experiences on U.S. citizens. A bibliography points to primary and secondary source material of note.
Developing CDM Projects in the Western Balkans: Legal and Technical Issues Compared, arises from the professional practical experience gained by an interdisciplinary team of legal and technical experts acting in the framework of the environmental bilateral cooperation performed by the Italian Ministry for the Environment, Land and Sea in the Western Balkan countries, through the "Task Force for Central and Eastern Europe." The added value of the book consists in the fact that it jointly presents the real professional experience gained by a multi sectoral team of lawyers, economists, engineers and other technical experts, working in synergy with a shared vision. This volume will be useful not only to those specifically interested in the Western Balkan area, but represents a broader example of lessons learned in the development of CDM projects. Therefore, it may have a broad market among Government officials and legal-economic-technical professionals dealing with climate change issues as well as academics developing scientific research in this field.
This book explores food traceability in raw materials, additives and packing of the dairy sector and it provides an accessible and succinct overview of the new Extended Traceability (ExTra) software. In this work, the authors present several practical examples of extended food traceability for edible products and food-contact materials in the cheese-making industry. Readers will also discover a summary of the existing legal and regulatory requirements for food traceability in Europe. This book will appeal to a wide readership, from academic researchers to professionals and auditors in industry working in quality control, food and packing traceability, and international regulation.
Competition and diversity in media and communications are fundamental to a healthy economy and democracy. In India and internationally there is no consensus on the exact manner and scope of interventions that are appropriate to protect competition and pluralism in media markets. Many emerging economies including India are seeking to adopt their own regulation in this area taking their lead from the UK. The issues have been brought into sharp focus in India in recent years. First, the enactment and implementation of modern - but sector neutral - competition law under the Competition Act 2002 has caused a step change in regulation towards an economics and effects-based approach. Second, in 2013 the India telecoms regulator launched controversial reform proposals to apply a media-specific approach to ownership regulation. As academics, lawyers, businesses, regulators and policy-makers in India cast a glance at the international experience, this book examines the legal, economic and policy issues relating to regulation of ownership and control of media markets. The focus of comparative assessment is on examples from the European Union, EU Member States and the US. |
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