This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe. Throughout the book - which builds on a European Cooperation in Science & Technology (COST) action - leading scholars offer theoretical and empirical analysis in order to discern the role European law plays in perpetuating and combating ageism. Including specific examples of how stereotypes and prejudices influence and shape the European legal system, the book contributes to the broader current global social movement towards advancing a new international human rights convention for older persons. Timely and engaging, this book will appeal to students and scholars of law, sociology, public policy and a wide range of related fields including gerontology, human rights, and health-studies. Practitioners, policy-makers, civil society organizations and senior citizens activists will also benefit from the insights into the socio-legal aspects of social policies and human rights of older persons. Contributors include: P. de Hert, M. De Pauw, I. Doron, N. Georgantzi, A. Gur, R. Harding, E. Mantovani, T. Mattsson, B. Mikolajczyk, A. Numhauser-Henning, G. Quinn, P. Quinn, B. Spanier, B. Sleap, J. Watson

This book examines the aspects of prevention, mitigation, and management of environmental hazards and disasters from an international perspective. In light of the recent debate on climate change and the possible effects of such a change upon increasing frequency and magnitude of extreme environmental events, this publication overviews various policy and response discourses. Several case studies from various countries and world regions depicting recent experience in mitigation policy and program development and implementation and establishing links between vulnerability and mitigation are presented to provide further insights. This book is primarily intended for academics, policymakers, professionals, and practitioners in hazards reduction activities who are seeking a better understanding of the complex and dynamic aspects of nature and society.

Beyond political posturing and industry quick-fixes, why is the American health care system so difficult to reform? Health care reform efforts are difficult to achieve and have been historically undermined by their narrow scope. In The Present Illness, Martin F. Shapiro, MD, PhD, MPH, weaves together history, sociology, extensive research, and his own experiences as a physician to explore the broad range of afflictions impairing US health care and explains why we won't be able to fix the system without making significant changes across society. With a sharp eye and ready humor, Shapiro dissects the ways all groups participating--clinicians and their organizations, medical schools and their faculty, hospitals and clinical corporations, scientists and the National Institutes of Health, insurers and manufacturers, governments and their policies, and also patients and the public--shape and reinforce a dysfunctional system. Shapiro identifies three major problems stymieing reform: commodification of care; values, expectations, unmet needs, attitudes, and personal limitations of participants; and toxic relationships and communication among these groups. Shapiro lays out a sweeping agenda of concrete actions to address the many factors contributing to the system's failings. Highlighting the interconnectedness of both the problems and potential solutions, he warns that piecemeal reform efforts will continue to be undermined by those who believe they have something to gain from the status quo. Although overhauling our health care system is daunting, Shapiro nonetheless concludes that we must push forward with a far more comprehensive effort in all sectors of health care and throughout society to create a system that is humane, effective, and just.

With digital technologies blurring media boundaries, this book provides a detailed analysis of how the Internet is producing a convergence of the press, audio-visual and online media. Based on extensive empirical analysis, the authors analyse over 25 years of changes to media forms and expose the reality behind the notion that media convergence is inevitable and inexorable. Peter Humphreys and Seamus Simpson break new ground through exploring a diverse range of topics at the heart of the media convergence governance debate, such as next generation networks, spectrum, copyright and media subsidies. They highlight how reluctance to accommodate non-market based policy solutions creates conflicts and problems resulting in only shallow media convergence thus far. Highly accessible, this book is a valuable read for undergraduate and masters students researching digital media and communications. With guidance on a series of policy directions and innovations that should be developed to fulfil the promise of media convergence, it is also a vital tool for media and communication practitioners and policy makers.

What does the right to the continuous improvement of living conditions in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights really mean and how can it contribute to social change? The book explores how this underdeveloped right can have valuable application in response to global problems of poverty, inequality and climate destruction, through an in-depth consideration of its meaning. The book seeks to interpret and give meaning to the right as a legal standard, giving it practical value for those whose living conditions are inadequate. It locates the right within broader philosophical and political debates, whilst also assessing the challenges to its realisation. It also explores how the right relates to human rights more generally and considers its application to issues of gender, care and the rights of Indigenous peoples. The contributors deeply probe the meaning of 'living conditions', suggesting that these encompass more than the basic rights to housing, water, food, and clothing. The chapters provide a range of doctrinal, historical and philosophical engagements through grounded analysis and imaginative interpretation. With a foreword by Sandra Liebenberg (former Member of the UN Committee on Economic, Social and Cultural Rights), the book includes chapters from renowned and emerging scholars working across disciplines from around the world.

This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.

This unique guidebook presents a comprehensive analysis of the new Americans with Disabilities Act (ADA), the most significant federal civil rights law in almost 30 years, and its impact on over four million American businesses, state and local governments, nonprofit associations, 87 percent of America's private sector jobs, and 22.7 million working-age people with disabilities.

Written by two Washington-based experts on the new federal mandate, the book relies on extensive interviews with federal officials and the expert opinion of business leaders, leaders in the disability community, and the authors of the legislation. Fersh and Thomas provide a clear analysis of the final federal regulations and their implications for businesses, nonprofit associations, state and local governments, and managers and employers who need to make modifications to physical barriers in places of public accommodation, such as stores and restaurants, and in barriers to equal employment in the workplace. The book uses case histories and Congressional reports and testimony to illustrate new employment procedures--from applications, testing, and insurance benefits to job descriptions, reasonable accommodation, and new rights in telecommunications and public ground transportation. The social, legislative, and economic history that led to the laW's enactment is illustrated through photographs and 18 tables. Included are specific guidelines on how to interview and work with people with disabilities, containing specific sections on people who use wheelchairs, and people with mental retardation, cerebral palsy, epilepsy, hearing and visual impairments, AIDS, speech impairments, learning disabilities, and mental illness. Also featured are how to sections for developing a compliance plan, implementing reasonable accommodation, and how to create an ADA awareness program for employees. The book explores the successful use of workers with disabilities in companies over the last twenty years, and the high costs of unemployment among working-age people with disabilities in tax revenues and lost productivity. Leaders and experts, such as I. King Jordan, Ph.D., president of Gallaudet University, provide short articles on their perspective of the ADA.

This book provides an in-depth analysis of the unique structure of the Nigerian popular music industry. It explores the dissonance between copyright's thematic support for creative autonomy and the practical ways in which the law allows singer-songwriters' (performing authors') creative autonomy to be subverted in their contractual relationships with record labels. The book establishes the concept of creative autonomy for performing authors as a key criterion for sustainable economic development, and makes innovative legal and policy recommendations to help stakeholders preserve it.

This book discusses the law and practice of the European Union's new chemical regulatory programmes known under the acronym ''REACH'. REACH is intended to ensure the safe management of risks associated with chemical substances throughout the supply chain. Its scope is very broad; subject to limited exceptions, REACH applies to all bulk chemicals used in industrial processes and to chemicals present in products such as cleaning products, paints, clothing, furniture, and electrical appliances. The newly established European Chemicals Agency (ECHA), the Commission, and member state authorities are in charge of administering the various parts of the REACH Regulation, creating a complex patchwork of government powers, procedures, and oversight. The volume is written by experienced REACH practitioners. It addresses both the key legal regulatory issues associated with REACH and the key management and practical challenges. In addition to analysing the scope, the processes, and the obligations of the industry under REACH, the book covers the strategy and management of REACH compliance from the perspective of the regulated entities. The focus is on the strategic and practical decisions facing companies subject to REACH's various regimes. Significant attention is paid to REACH consortia, which are a key instrument in compliance management, and to the competition law issues arising in connection with REACH consortia. It also covers legal remedies, enforcement, intellectual property rights, and civil liability for damages arising from chemical substances as well as how companies can shape their REACH compliance programme to reduce their liability exposure.

This book introduces "biolaw" as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term "biolaw" is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an "evolutionary" approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.

Recommandations relatives au transport des marchandises dangereuses des Nations Unies, et pour classer les produits chimiques qui presentent des dangers physiques conformement au Systeme general harmonise de classification et d'etiquetage des produits chimiques (SGH). En consequence, il complete egalement les reglements nationaux et internationaux qui ont ete etablis sur la base des Recommandations relatives au transport des marchandises dangereuses ou du SGH.

By the end of the 1970s, contaminated sites had emerged as one of the most complex and urgent environmental issues affecting industrialized countries. The authors show that small and prosperous Switzerland is no exception to the pervasive problem of sites contamination, the legacy of past practices in waste management having left some 38,000 contaminated sites throughout the country. This book outlines the problem, offering evidence that open and polycentric environmental decision-making that includes civil society actors is valuable. They propose an understanding of environmental management of contaminated sites as a political process in which institutions frame interactions between strategic actors pursuing sometimes conflicting interests. In the opening chapter, the authors describe the influences of politics and the power relationships between actors involved in decision-making in contaminated sites management, which they term a "wicked problem." Chapter Two offers a theoretical framework for understanding institutions and the environmental management of contaminated sites. The next five chapters present a detailed case study on environmental management and contaminated sites in Switzerland, focused on the Bonfol Chemical Landfill. The study and analysis covers the establishment of the landfill under the first generation of environmental regulations, its closure and early remediation efforts, and the gambling on the remediation objectives, methods and funding in the first decade of the 21st Century. The concluding chapter discusses the question of whether the strength of environmental regulations, and the type of interactions between public, private, and civil society actors can explain the environmental choices in contaminated sites management. Drawing lessons from research, the authors debate the value of institutional flexibility for dealing with environmental issues such as contaminated sites.

The Psychology of Death Investigations outlines definitively how behavioral evidence can often provide the necessary components and "missing pieces" to complement physical evidence as an essential tool for incident reconstruction. In order to determine the direction of an investigation and to prioritize leads, if necessary, death investigators must establish the manner of a death: natural, accident, homicide or suicide. The most overlooked aspect of death investigation is the psychological dimension, which can provide unique leads, correct false assumptions, enhance investigative awareness, and solve cases in surprising ways. In an estimated 10-20% of cases, the manner of death cannot be determined, or worse, has been erroneously categorized. Since many jurisdictions can't afford behavioral consultants, this book has been written to provide practical information for a basic psychological analysis. If the circumstances surrounding a death are equivocal, psychological consultants can compile information retrospectively about a deceased person's mental state and possible motive to assist with unravelling ambiguity about the manner of death. This is the primary function of a psychological autopsy, and, as such, this is the first book of its kind dedicated solely to the topic. In the event that the manner of death is determined to be a homicide, behavioral profiling can help to focus the potential pool of suspects. Professionals and students alike will benefit from the exercise of cognitive awareness and the application of psychological logic presented. Psychologists, medical examiners, coroners, attorneys, fraud examiners, law enforcement personnel, death and homicide investigators, and students enrolled in criminal profiling, forensic psychology, and criminal justice programs will find this text to be a compelling and insightful reference to add to their professional toolkit.

This book is a leadership guide to the effective implementation of the ISO 45001:2018 standard. It takes the high-level leadership and top management principles put forward in ISO 45001 and develops them into a comprehensive discourse on how, at the very top of any organization, large or small, leaders can drive the occupational health and safety (OH&S) agenda and ensure the effective implementation of the OH&S management systems. While the standard sets out expectations for top management, this book provides a clear explanation of the OH&S roles, responsibilities, and accountabilities between those who direct the organization and drive it towards achieving its strategic aims and those who lead the day-to-day operations. It puts forward a purposeful, easy-to-follow, and effective system for the implementation of ISO 45001 whilst also, and more importantly, maximizing the value proposition of such a global standard, regardless of industry. The book is written for top management teams of both non-executive and executive leadership, as well as senior advisors, in all organizations seeking to effectively implement OH&S policies and management systems. It can also be utilized to create training and learning materials to assist with implementation.

This book considers contested responsibilities between the public and private sectors over the use of online data, detailing exactly how digital human rights evolved in specific European states and gradually became a part of the European Union framework of legal protections. The author uniquely examines why and how European lawmakers linked digital data protection to fundamental human rights, something heretofore not explained in other works on general data governance and data privacy. In particular, this work examines the utilization of national and European Union institutional arrangements as a location for activism by legal and academic consultants and by first-mover states who legislated digital human rights beginning in the 1970s. By tracing the way that EU Member States and non-state actors utilized the structure of EU bodies to create the new norm of digital human rights, readers will learn about the process of expanding the scope of human rights protections within multiple dimensions of European political space. The project will be informative to scholar, student, and layperson, as it examines a new and evolving area of technology governance - the human rights of digital data use by the public and private sectors.

This book details various stages in the introduction, establishment and evolution of China's environmental management system. By combining a literature review, comparative analysis, and case study, it investigates the environmental management system in several key periods in order to systematically assess the necessary measures and appropriate adjustments the Chinese Government implemented to reconcile the growing conflicts between economic development and resources conservation, in the context of rapid economic growth and economic transformation. Given its scope, the book offers a valuable resource for experts, scholars, and government officials in related fields.

The push towards greater autonomy is one of the three main trends in every modern educational policy, alongside quality assurance and quality evaluation techniques and the need to devote attention to special a" and often disadvantaged a" target groups. It is, however, difficult to derive a unified concept of autonomya (TM) from the comparative indicators which are published on a regular basis and it has emerged that there are significant differences depending on the specific area and the administrative organisation of education in the country in question. During the discussions of the annual Congress of the European Association for Education Law and Policy (ELA) in Salzburg (1998) it was apparent that autonomy has to be considered in its various applications.

Autonomy for school boards is realised through management, administrative mechanisms, management of staff and pedagogical options. Autonomy of administration requires competence, the willingness to establish an autonomous administration and awareness of each partya (TM)s responsibility in the educational process.

The contents of this Yearbook are an answer to the question of how legislatures are responding to the trend towards greater responsibility, decentralisation and autonomy. It is an overview of the efforts made by the Member States of the European Union to apply the principle of subsidiarity.

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis a vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

Eco-Finance is the first in-depth legal analysis of this extraordinary hybrid of environmental regulation and global financial markets. It deals with what are currently the two dominant types of market-based environmental instruments: market-traded environmental instruments (which include the tradable pollution allowances envisaged by the Kyoto Protocol), and environmental financing instruments (which include the emerging class of environmental and socially responsible investment funds). Among the numerous topics and issues treated by Ali and Yano are the following:
- the 'cap-and-trade' regime;
- debt-for-environment swaps;
- forestry securitisations;
- greenhouse gas emissions markets;
- carbon funds and swaps;
- tradable green certificates
- weather derivatives;
- duty to hedge climatic risks;
- catastrophe bonds;
- protected cell companies;
- the prudent investor rule; and
- ethical security indices.

This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservatism of jurists, some innovative or even futuristic ideas are called for, also because the future, even this not-so-distant one, is difficult to foresee. Paradoxically, and unlike in the past, this lack of knowledge must not stop us from planning. If it does, humankind may, as some pessimists already claim, lose its chance to win the battle for control of the world. The rise and expansion of Artificial Intelligence and robotics in recent years has highlighted a pressing need to create a suitable legal framework for this new phenomenon. The debate on the subject, although wide-ranging and involving many new legal documents, is still quite general and preliminary in nature, although these preparatory works illustrate the very real need to develop appropriate new civil law arrangements. It is exactly the branch of private law where the necessity of these new rules appears to be the most imperative. Autonomous vehicles, medical robots, and expertise software raise fundamental questions on aspects of civil liability such as culpability; whereas the growth in popularity of automated, intelligent software systems for concluding contracts requires a new approach to many fundamental and deeply rooted elements of contract law, e.g. consciousness, intent, error, deception, interpretation of contracts and good faith. Ruling on these specific matters demands the identification and clarification of certain key points, which shall become the foundation for constructing AI/robot civil law.

This edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.' - Mary Footer, University of Nottingham School of Law, UK'This fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a 'must read' for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.' - Joanne Scott, University College London, UK 'Geert Van Calster and Denise Prevost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.' - Pieter Jan Kuijper, University of Amsterdam, The Netherlands This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns - concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners. Contributors include: A. Accuri, A. Alemanno, J. Atik, H. Baumuller, M. Burnier, T. Cottier, K. Das, J. De Cendra De Larragan, P. Delimatsis, M. Echols, T. Epps, M. Footer, L. Gruszczynki, A. Herwig, C. Joerges, B. Mercurio, P. Morrisson, L. Nielsen, J. Pauwelyn, J. Peel, D. Regan, L. Rubini, D. Shabalala, N. Shariff, T. Voon, D. Wirth, Z. Zhang

Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional 'command and control' legal measures, and through other regulatory mechanisms, including guidelines, soft law, 'steering' through redistribution of resources, and private or quasi-private regulation. This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.