Academic literature on the topic 'Duty of vigilance'

Sentry duty performance requires both rifle marksmanship accuracy and sufficient attention to detect the infrequent appearance of targets. Research has shown that marksmanship accuracy is in part a function of arm-hand steadiness, that arm-hand steadiness may be better in women than men, and that in men 200 mg caffeine heightens alertness and attenuates vigilance decrements. Study objectives were: (a) evaluate gender differences in speed of target detection and rifle firing accuracy during three hours of simulated sentry duty, and (b) determine if 200 mg caffeine enhances sentry duty performance in women as it has been shown to do in men. Twelve men and 12 women were pre-trained on the Weaponeer M16 Rifle Marksmanship Simulator. During 3-hour test sessions, the participant monitored the target scene of the Weaponeer and fired at targets when they appeared. For both men and women, target detection response time deteriorated with time on sentry duty and vigilance decrements were attenuated by 200 mg caffeine. For men, marksmanship accuracy was constant over time; for women, marksmanship accuracy deteriorated after 1.5 hours.

Abstract Background Physicians in training experience fatigue from sleep loss, high workload, and working at an adverse phase of the circadian rhythm, which collectively degrades task performance and the ability to learn and remember. To minimize fatigue and sustain performance, learning, and memory, humans generally need 7 to 8 hours of sleep in every 24-hour period. Methods In a naturalistic, within-subjects design, we studied 17 first- and second-year internal medicine residents working in a tertiary care medical center, rotating between day shift and night float every 4 weeks. We studied each resident for 2 weeks while he/she worked the day shift and for 2 weeks while he/she worked the night float, objectively measuring sleep by wrist actigraphy, vigilance by the Psychomotor Vigilance Task test, and visual-spatial and verbal learning and memory by the Brief Visuospatial Memory Test-Revised and the Rey Auditory-Verbal Learning Test. Results Residents, whether working day shift or night float, slept approximately 7 hours in every 24-hour period. Residents, when working day shift, consolidated their sleep into 1 main sleep period at night. Residents working night float split their sleep, supplementing their truncated daytime sleep with nighttime on-duty naps. There was no difference in vigilance or learning and memory, whether residents worked day shift or night float. Conclusions Off-duty sleep supplemented with naps while on duty appears to be an effective strategy for sustaining vigilance, learning, and memory when working night float.

For the prevention of marine accidents, it is important to establish measures to prevent recurrence based on lessons learned from accidents that have already occurred, and one of the measures is to impose greater responsibility for violations of important obligations or continuous and repeated violations of obligations. Although it can be said that the effect can be increased, the degree of contribution to the violation of the duty of vigilance seems to be recognized as somewhat low when allocating the degree of cause-giving ratio in the decision of the Korea Maritime Safety Tribunal. The purpose of this study is to examine the points for improvement by examining the distribution of the degree of contribution of causes to the occurrence of accidents on both ships, and by examining the degree of judgment on the importance of the current vigilance duty in the prevention of marine accidents.

During the COVID-19 pandemic, the question of how to reduce the risk of viral infection for international airline pilots without increasing the risk of fatigue was a novel and urgent theoretical and practical problem, which had never been encountered in the world civil aviation industry. A new scheduling method implemented by the Civil Aviation Administration of China (CAAC) is the extra augmented crew (EAC) schedule, which avoids crew layover in another country on international flights by extending the maximum duty time and adding two additional crew members to such long-haul flights. In this study, a multi-day flight crew fatigue assessment was conducted to evaluate the impact of EAC flight. We recruited 71 pilots as participants, and their fatigue during EAC flights was measured using a multimodality approach integrating a subjective fatigue report, a psychomotor vigilance task, sleep monitoring, and biomathematical model predictions. The results showed that the subjective fatigue level increased during duty time compared to off-duty time, but still with acceptable levels of under 7, as measured by the Karolinska Sleepiness Scale; objective secondary task performance, as measured by the classic psychomotor vigilance task, showed no differences; pilots were able to get around 6 h of sleep, although they slept less during duty time compared to off-duty time. Model fitting using the FAID biomathematical model of fatigue confirmed that the EAC scheduling was compliant with the FAID tolerance level 91.3% of the time. The results suggest that the EAC flight created some moderate level of increased fatigue but no severe fatigue to cross-continent long-haul flight crews. This research can inform current and future scheduling and fatigue risk control during the pandemic or for future time-sensitive periods.

Objective: The current study investigated driver vigilance in partially automated vehicles to determine whether increased task demands reduce a driver’s ability to monitor for automation failures and whether the vigilance decrement associated with hazard detections is due to driver overload. Background: Drivers of partially automated vehicles are expected to monitor for signs of automation failure. Previous research has shown that a driver’s ability to perform this duty declines over time. One possible explanation for this vigilance decrement is that the extreme demands of vigilance causes overload and leads to depletion of limited attentional resources required for vigilance. Method: Participants completed a 40-min drive in a simulated partially automated vehicle and were tasked with monitoring for hazards that represented potential automation failures. Two factors were manipulated to test the impact of monitoring demands on performance: Spatial uncertainty and event rate. Results: As predicted, hazard detection performance was poorer when monitoring demands were increased, and performance declined as a function of time on task. Subjective reports also indicated high workload and task-induced stress. Conclusion: Drivers of partially automated vehicles are impaired by the vigilance decrement and elevated task demands, meaning that safe operation becomes less likely when the demands associated with monitoring automation increase and as a drive extends in duration. This study also supports the notion that vigilance performance in partially automated vehicles is likely due to driver overload. Application: Developers of automation technologies should consider countermeasures that attenuate a driver’s cognitive load when tasked with monitoring automation.

The innovative concept of digital tower provides a new solution for reducing the construction and operation costs of airports with adverse natural environments, poor intervisibility conditions, or sparse traffic. However, it leads to changes in the situational awareness of air traffic controllers and to challenges in safety performance. To research the safety performance of apron controllers at a large-scale airport applying a digital tower, a field study was conducted at Baiyun International Airport in Guangzhou, China. In this study, we established a comprehensive index system from the perspective of situational awareness, which provided measurements on the areas of interests, gaze and physiological features, and vigilance of controllers. Three modules were compared: a physical tower module, a digital tower module with a large panoramic screen, and a digital tower module with a small panoramic screen. The differences in the safety performances of apron controllers are discussed in two aspects: adaptability and reliability. The results indicated that the apron controllers at the three modules performed different cognition patterns, but similar cognition effort was paid toward maintaining performance. Furthermore, the significant vigilance decrement of controllers exists between after-duty and before-duty, but with no significant difference among the three modules. In conclusion, apron controllers at a large-scale airport could obtain effective safety performances based on a digital tower that were no less than those from a physical tower.

Abstract Introduction Sleep disturbances are common among previously deployed Veterans. Cognitive behavioral therapy for insomnia (CBT-I) has shown promise for Veterans but there are limitations and CBT-I may not optimally target the nocturnal vigilance conditioned by threatening environments. We developed and preliminarily evaluated a brief educational/behavioral intervention that combined established behavioral sleep principles with cognitive exercises intended to reduce the impact of vigilant thoughts and behaviors on sleep. Methods Participants were 40 Veterans recruited from the community and local VAMC who had been deployed to combat zones or hazardous duty areas. The mean age was 40, and the majority were male, African American, and screened positively for PTSD. They were assigned to the study intervention or an educational control that utilized a pamphlet promoting healthy sleep habits. Assignment at a 2:1 ratio was intended to allow for refinement of the study intervention during the early phase of the trial. Initial assessment was followed by a week of sleep diary collection, then two intervention sessions a week apart, followed by a repeat assessment. Participants of the study intervention were assessed again 3-months later. Results Improvements in sleep efficiency, ratings for feeling rested in the morning, and reduced Insomnia Severity Index scores were seen in the post-treatment week but did not differ between groups. At 3-months, these improvements were sustained in the 14 retained participants of the study intervention, engagement in vigilance reducing exercises remained high, and ratings of how rested one felt in the morning were significantly improved over ratings from the post-treatment week. Conclusion Brief behavioral intervention for post-deployment insomnia can provide benefits and cognitive exercises to reduce the impact of vigilant thoughts and behaviors warrant further evaluation. Support Supported by W81XWH-14-1-0066 from the Congressionally Directed Peer-Reviewed Medical Research Program of the Department of Defense

Introduction: International studies suggest that a lack of forensic knowledge, clinical skills and organizational support may hinder nurses' implementation of the duty to report suspected cases of maltreatment to child welfare services. No studies to date have documented how the duty to report is integrated into primary care nursing practice. Objectives: To describe primary care nurses' perceived role in preventing child maltreatment and to explore the process of implementing mandatory reporting to child welfare services. Methods: A situational analysis was conducted using 14 semi-structured interviews with primary care nurses in Quebec, Canada. These interviews were qualitatively mapped and analyzed using inductive coding. Results: Clinical vigilance is an important dimension of nursing practice, which is influenced by external constraints. The implementation of the duty to report relies on clinical intuition, the exercise of discretionary power and organizational work that can be preventive, targeted or symbolic in scope. The determining factor in the implementation of the duty to report is the exercise of control over the situation and its anticipated consequences. Discussion and conclusion: These findings provide insight into the process of implementing mandatory reporting practices to child welfare services in terms of factors that may influence the exercise of nurses’ discretionary power.

The Royal Air Force (RAF) Critical Care Air Support Teams (CCASTs) aeromedically evacuate seriously injured service personnel. Long casualty evacuation chains create logistical constraints that must be considered when aeromedically evacuating patients. One constraint is the length of a CCAST mission and its potential effect on team member performance. Despite no evidence of patient care compromise, the RAF has commissioned a study to investigate whether CCAST mission length influences performance. Describing and understanding the role of a CCAST enabled fatigue to be defined. Factors essential to studying fatigue were then identified that were used to develop a theoretical model for designing a study to measure the effects of fatigue on CCAST performance. Relevant factors include the patient’s clinical condition, team members’ cognition and vigilance levels, and the occupational aviation environment. Further factors influencing overall performance include the duration and complexity of patient interventions, mission length, circadian influences, and fatigue countermeasures.

La blockchain à travers ses fonctions registres et smart contracts constitue un moteur de la confiance. Le registre blockchain, distribué sécurisé et sans autorité centrale, révolutionne la confiance. Le smart contract, adossé à une blockchain, auto-exécutant et inaltérable assure, lui, l'exécution automatique d'actions prédéfinies. Initialement conçus pour le secteur financier, le potentiel de cette technologie s’étend à la RSE en tant que support de la norme. Les smart social contracts seraient en mesure d’automatiser les processus liés à la RSE, tandis que le registre blockchain renforcerait la transparence et la traçabilité. Un cadre juridique clair reste cependant essentiel pour concilier innovation et protection des droits. Définir le rôle de la blockchain dans une démarche de RSE pourrait transformer les interactions des entreprises avec leurs parties prenantes, renforcer la confiance, la transparence, la réactivité et, plus largement, l’effectivité de norme sociétale
Through its ledger and smart contract functions, blockchain serves as a driver of trust. The blockchain ledger, distributed, secure, and without a central authority, revolutionizes trust. The smart contract, based on a blockchain, self-executing and immutable, ensures the automatic execution of predefined actions. Initially designed for the financial sector, the potential of this technology extends to CSR as a support for standards. Smart social contracts could automate CSR-related processes, while the blockchain ledger would enhance transparency and traceability. However, a clear legal framework remains essential to reconcile innovation with the protection of rights. Defining the role of blockchain in a CSR approach could transform how companies interact with their stakeholders, strengthening trust, transparency, responsiveness, and, more broadly, the effectiveness of societal norms

La responsabilité sociale des entreprises (RSE), définie comme l’intégration volontaire des préoccupations sociales et écologiques à l’activité commerciale des entreprises et dans leurs relations avec leurs parties prenantes, est devenue le lieu d’une série d’actes et de normes de nature et aux effets divers. Incitées à développer leurs démarches sociales responsables, les entreprises se sont dotées progressivement d’instruments volontaires. Or, comme tout fait social, ces derniers sont susceptibles de donner lieu à interprétation juridique d’autant plus que les sujets sur lesquels ils portent peuvent faire l’objet d’obligations posées par la réglementation étatique. En ce sens, les actes volontaires de RSE peuvent par leur formulation recommandatoire, proclamatoire ou déclaratoire opérer un renvoi au droit positif et constituer ainsi une base informationnelle voire pédagogique de la règle de droit offrant par-là un cadre pour le suivi d’une conduite juste et raisonnée. D’autres instruments peuvent également prescrire des comportements et ainsi constituer des modes de régulation des comportements. De plus, l’intensification de la force normative de ces instruments dits volontaires s’accompagne de leviers juridiques tant contraignants qu’incitatifs favorables au développement de la RSE. Le cadre national contribue de la sorte à façonner les initiatives des entreprises en cette matière. Ce maillage juridique fait de la RSE un espace de diverses formes de régulation. D’acte d’autorégulation lorsque les règles posées sont le résultat d’une volonté unilatérale, l’instrument peut devenir un mode de mise en œuvre du droit lorsqu’il s’inscrit dans le cadre d’obligations légales. Dans cette nouvelle dynamique, il ne faut pas occulter les potentialités juridiques offertes par le droit qui au fil des décisions de justice et analyses permet de concevoir la RSE comme un standard de conduite générateur de formes de régulation et de responsabilités au sein du rapport d’emploi
The corporate social responsibility (CSR) of major companies, defined as the voluntary integration of social and environmental concerns in both business itself and in the relationships with stakeholders, has become the site of a series of acts and standards of diverse nature and effects. Encouraged to develop social initiatives, firms have experimented with several initiatives to promote the image of social responsibility. However, with any endeavour, these are likely to demand legal assessment, especially as the subjects to which they relate are subject to state regulation. Voluntary acts of CSR can, by their recommandatory, proclamatory or declaratory formulation, refer to hard law and thus constitute an educational or informational basis of the rule of law, offering a framework for monitoring fair and rational conduct. Other standards can also prescribe behaviours and act as a form of control. Moreover, the intensification of the normative force of those voluntary measures involves legal implications, both binding and inspiring CSR development. The national framework helps to shape the initiatives in this area. This legal mesh makes the CSR a space of varying regulation, including self-regulation as a result of unilateral will in light of legal obligations. In this new dynamic, one must not overshadow the legal freedom granted by the law, which, over judgment and analysis facilitates the conception of CSR as a standard of conduct, generating regulation forms and responsibilities within the employment report

La responsabilité pour faute de l’actionnaire est un concept émergent dont l’étude révèle les mutations contemporaines du droit des sociétés. Le durcissement de la responsabilité sociale des entreprises impose de redessiner le statut de l’actionnaire, autrefois considéré comme irresponsable, pour construire une responsabilité pour faute de celui-ci rejoignant et concrétisant les nouvelles aspirations du droit des sociétés. La construction d’une telle responsabilité impose de se départir des objections tirées des règles traditionnelles du droit des sociétés protégeant en apparence l’actionnaire : responsabilité limitée, liberté de vote, écran de la personnalité morale… La pénétration de l’entreprise au cœur du droit des sociétés et la réécriture de l’article 1833 du Code civil modèlent aujourd’hui un nouveau statut de l’actionnaire fondant sa responsabilité. Outre un statut contractuel centré sur l’intérêt commun impliquant une discipline collective, l’actionnaire est désormais doté d’un statut normé par l’intérêt social, lequel vise la préservation de l’entreprise et de ses parties prenantes, dont il faut tirer toutes les conséquences. Cette redéfinition du statut de l’actionnaire doit se déployer sur le droit positif de la responsabilité pour faute de l’actionnaire afin de lui conférer une unité et une cohérence. L’étude s’attache ainsi à démontrer que la responsabilité de l’actionnaire devrait s’étendre davantage et être systématisée, en proposant un régime cohérent. Par l’entremise du droit commun de la responsabilité civile, la figure de l’actionnaire vigilant et socialement responsable ne pourrait-elle pas ainsi émerger ?
Shareholder liability is an emerging concept whose study reveals the contemporary mutations of corporate law. Since companies are asked to be more socially responsible, we have to reconsider the status of the shareholder, formerly considered irresponsible, in order to build a responsibility for fault that concurs with and actualizes the new aspirations of corporate law.The design of such a liability requires us to get rid of the objections drawn from the traditional rules of corporate law that seemingly protect the shareholder : limited liability, freedom to vote, corporate veil... The penetration of the company in the heart of corporate law as well as the rewriting of article 1833 of the Civil Code model today a new status of the shareholder, one that establishes their liability. In addition to a contractual status centered on the common interest involving collective discipline, the shareholder is now endowed with a status standardized by the social interest, which aims at the preservation of the company and its stakeholders, from which all the consequences must be drawn.This redefinition of the status of the shareholder must be deployed on the positive law of liability for shareholder's fault in order to give it unity and coherence. The study thus seeks to demonstrate that shareholder liability should be further extended and systematized, by proposing a coherent regime. Through the common law of civil liability, maybe could emerge the figure of a vigilant and socially responsible shareholder

Cette thèse se propose d’effectuer une analyse sectorielle de l’état des droits et des obligations des entreprises multinationales pétrolières en dehors des réglementations des pays d’investissement. Le choix de l’industrie pétrolière se fonde sur la place de ce secteur dans l’économie mondiale et ses caractéristiques particulières. Dans une première partie, nous constaterons que la protection des investissements est particulièrement efficace et que son effet négatif sur le développement des réglementations des États d’accueil des investissements est accentué. Le mouvement actuel de prise en compte de ce problème dans les TBI est insuffisant compte tenu du peu d’intérêt du Traité sur la Charte de l’énergie sur cette problématique et de la difficile évolution rédactionnelle des clauses de stabilisation. Dans un deuxième temps, cette thèse constatera que les obligations transnationales à la charge des entreprises pétrolières multinationales, en dehors du droit des investissements, semblent parfois moins enclines à jouer un rôle d’équilibre dans le secteur pétrolier. Les initiatives de soft law sont adaptées mais adoptées partiellement et les possibles sanctions semblent incertaines. Les mécanismes fondés sur l’extraterritorialité sont limités et la mise en place d’un devoir de vigilance peu adapté à l’organisation pétrolière. La prise en compte des spécificités pétrolières reste cantonnée au cadre du reporting et les outils juridiques propres à l’industrie ne prennent généralement en compte que la lutte contre la corruption. Enfin, les pressions politiques, des ONG et des médias sont centrées sur les entreprises dont le siège est situé dans un État occidental
This thesis carry out a sectorial analysis of the state of the rights and the obligations of the multinational oil companies outside the regulations of the countries of investment. The choice of the oil industry is based on the place of this sector in the global economy and its characteristics. In the first part, we will note that the protection of investments is particularly effective and the potential negative effect on the development of the regulations of the host countries of investments is accentuated in the oil sector. Similarly, the current movement to take this problem into account in the bilateral investment treaties is insufficient given the lack of interest of the Energy Charter Treaty on this issue and the difficult evolution of the stabilization clauses. Secondly, this thesis will find that the transnational obligations borne by multinational oil companies, apart from investment law, sometimes seem less inclined to play a balancing role in the oil sector. The soft law initiatives are adapted but partially adopted and the possible sanctions seem uncertain. Mechanisms based on extraterritoriality are limited and the establishment of a duty of care do not really suit to the oil organization. The consideration of oil specificities is confined to the reporting framework and the legal tools specific to the industry generally only take into account the fight against corruption. Finally, the political pressures, the intervention of non-governmental organizations and the media are focused on companies whose head office is located in a Western State and transfer of oil interests are usual in the sector

Les entreprises sont aujourd’hui au coeur des échanges économiques mondiaux. Ces échanges se traduisent par la mise en place de relations commerciales desquelles peuvent émerger des structures souvent complexes et difficilement saisissables par le droit : les entreprises transnationales. Aucune réponse juridique satisfaisante n’a encore été trouvée pour les encadrer, alors que paradoxalement, la RSE donne naissance à des normes, des outils et des instruments pour les responsabiliser. L’étude de la responsabilité sociétale des entreprises transnationales à travers le prisme du droit révèle en réalité l’émergence d’un cadre de régulation hybride : les normes de RSE s’immiscent dans le droit, conduisant celui-ci à s’emparer de ces normes à son tour. Cet échange permet d’aborder l’entreprise transnationale à travers une approche nouvelle, tirée des normes de RSE, c’est-à-dire à travers son organisation et ses fonctions. Les relations de l’entreprise avec ses partenaires commerciaux deviennent alors une assise potentielle pour le droit, davantage que son statut ou que sa structure juridique, à partir desquelles peuvent être imputées des obligations, aujourd’hui inexistantes. Une fois l’entreprise transnationale saisie, c’est un cadre juridique adapté à son organisation complexe qui peut être mis à jour. L’étude des normes de RSE dévoile un enrichissement des règles applicables à l’entreprise transnationale et un renforcement potentiel de sa responsabilité juridique, fondée sur une approche préventive mais également solidaire du droit de la responsabilité. Passant outre les problèmes posés par l’absence de statut juridique, la RSE permet de saisir les entreprises transnationales par le biais de leurs relations commerciales, et d’envisager la conception d’un nouveau standard juridique de conduite sociétale, générateur d’une responsabilité individuelle et collective fondée sur une obligation de vigilance
Companies are now at the heart of global trade. These economic exchanges result in the establishment of commercial relationships, from which may emerge structures that are often complex and difficult to grapple with under the law: transnational corporations. While no satisfactory legal framework has yet been established to frame their work, paradoxically CSR gives rise to standards, tools and instruments to ensure their accountability. The study of the social responsibility of transnational corporations through the prism of the law actually reveals the emergence of a hybrid framework of regulation: CSR standards influence the law, forcing the law in turn to take note of these standards. This exchange allows us to handle a transnational business through a new approach derived from CSR standards, essentially through its organisation and functions. The relationship between a company and its business partners then becomes a potential basis for the law, rather than its status or its legal structure, from which can be derived responsibilities. Once a transnational corporation is seized, a legal framework adapted to its complex structure can come to light. The study of CSR standards reveals an enrichment of the rules applicable to transnational corporations and a potential strengthening of their legal liability, based on a preventive and joint and several approach of the law of responsibility. Ignoring the problems posed by the lack of legal status, CSR allows for the regulation of transnational enterprises through their commercial relations and provides a basis for the development of a new legal standard of social conduct, giving rise to individual and collective liability based on a duty of care

This article analyzes the essential obligations arising on safety and health at work with regard to the parent company in a scheme of productive decentralization, which is characterized in our midst by the widespread use of labor intermediation and outsourcing services both modalities recognized and regulated by Peruvian law.
El presente artículo analizará las obligaciones esenciales que surgen en materia de seguridad y salud en el trabajo respecto de la empresa principal en un esquema de descentralización productiva, el cual se caracteriza en nuestro medio por el empleo difundido de la intermediación laboral y la tercerización de servicios, ambas modalidades reconocidas y reguladas por la legislación peruana.

Dissertação de mestrado em Direito Administrativo
É do conhecimento geral que grande parte das vias públicas apresentam deficiências/irregularidades, umas provenientes da própria construção da via, outras decorrentes da falta de conservação, gestão e vigilância pelas entidades competentes. Quando falamos em vias ou caminhos municipais, falamos em domínio público municipal, cuja administração pertence aos Municípios. Apesar de pertencer à competência dos Municípios os deveres de gestão, manutenção, conservação, sinalização e vigilância das vias municipais, certo é que diariamente nos deparamos com derivados obstáculos nas vias, desde buracos não sinalizados a pedras levantadas dos passeios do que resulta, muitas vezes, a ocorrência de determinados acidentes e, consequentemente de danos para os particulares. Os Tribunais Administrativos contam com variadíssimos processos de responsabilidade civil administrativa extracontratual por factos ilícitos, onde se peticiona o pagamento de indemnizações por danos decorrentes da omissão do dever de vigilância por parte dos Municípios. Uma correta vigilância das vias ajudaria a evitar a ocorrência de grande parte dos sinistros, dado que se conseguiria, atempadamente, remover ou sinalizar determinados obstáculos de forma a que o condutor conseguisse adequar a sua condução aquelas circunstâncias. Posto em causa o dever de vigilância verifica-se uma presunção de culpa leve por parte dos Municípios, os quais a poderão ilidir mediante prova em contrário, isto é, explicando as providências que em concreto foram levadas a cabo de forma a mostrar que foram cumpridas as exigências legalmente impostas. Sucede que este dever de vigilância não se encontra definido na legislação, ou seja, o conceito/abrangência deste dever advém de interpretações levadas a cabo pela doutrina e pela jurisprudência resultando, assim, uma discrepância nas decisões judiciais, bem como, decisões injustas, nas maioria dos casos, para os particulares, quando se entenda, erradamente, que o Município consegui ilidir a presunção de culpa que sobre si recaía.
It’s general knowledge that most of the public roads have deficiencies / irregularities, other occurrences of the construction of the road itself, other threats of the lack of conservation, management and registration by the entities used. When we talk about municipal roads or paths, we refer to the municipal public domain, whose administration belongs to the municipalities. Despite the fact that the duties of management, maintenance, conservation, signaling and traffic on municipal roads belong to the competence of the Municipalities, it is certain that on a daily basis we come across with unmar, in the hours with roads with unmarked holes, fallen trees, stones raised from sidewalks, stones of personalized size in full lane and passage of animals, results, often, in some accidents and consequently damage to individuals. The Administrative Courts have a wide range of administrative non-contractual civil liability proceedings for illegal acts, in which the payment of compensation for damages arising from the omission of the duty of vigilance by the Municipalities is petitioned. In fact, a correct supervision would avoid way helps to avoid a large part of the claims, since it can be remotely reached, removes the damage or signals them making the driver aware of the danger situation and help him to adapt his driving to the case. Call into question the duty of supervision verifies a presumption of a slight negligence on the part of the Municipalities, contrary, explaning the measures that in particular were carried out and periodically, to demonstrate that, effectively, the legal requirements imposed have been observed. It happens that this duty of vigilance is not defined in the legislation, that is, the concept/range of this duty comes from interpretations carried out by the doctrine and the jurisprudence resulting, thus, a discrepancy in the judicial decisions, as well as, unjust decisions, in most cases, for the private individuals, when it is understood, mistakenly, that the Municipality managed to evade the presumption of guilt that fell upon it.

Physicians are among the few professionals who are expected to work extended duty shifts of 24 hours or more, often with little opportunity for rest. The physiological factors regulating sleepiness, including circadian rhythms, sleep homeostasis, and sleep inertia, are pushed to their limits when meeting the demands of training programmes and patient care. Sleep-deprived physicians experience reduced clinical performance and vigilance, putting patients at risk. Tired physicians are more likely to make both cognitive errors (e.g. diagnostic reasoning) and technical errors (e.g. surgical complications). Over recent decades, regulations have promulgated that limit physician hours in Europe and the United States. Studies of their impact have generally shown improvements in patient and physician outcomes, though have also revealed concerns about education and training which must also be addressed. As medicine evolves to meet our 24-hour on-demand society, physicians and patients will need to embrace new approaches to high-quality and safe care delivery.

Chapter 3 uses the natural duty of justice—which requires supporting just institutions—to defend a duty to resist injustice in basically legitimate states. It develops a typology of injustice ranging from democratically sanctioned violations of basic rights to official abuses, in order to better understand the implications of the duty of justice as it applies to the unjust conditions that can prevail within otherwise-legitimate, democratic societies. The chapter defends a series of political obligations corresponding to the contexts of injustice identified: obligations to engage in education efforts, protest (including by means of civil disobedience), covert disobedience, vigilante self-defense, and whistleblowing. The chapter concludes by sketching potential political obligations with respect to illegitimate states.

AbstractThe article explores the relationship between tort law and human rights. It explains the potential inherent in holding corporations liable in tort for human rights violations along the supply chain, such as the 2013 Rana Plaza collapse in Bangladesh. On a theoretical level, it devises a legal framework of tort liability that is optimal from the standpoint of social welfare. Such an optimal liability system would make manufacturers internalise the full cost of production, including harm caused to workers, third parties and the environment. In contrast, the present global liability situation is characterised by legal fragmentation and enforcement deficits. These factors provide the explanation for the large-scale externalisation of production risks we witness today, leading to an inflated global demand. In principle, tort law is well suited to offer a remedy, as the interests protected by human rights and national tort law broadly overlap. Furthermore, the duty of care which is the core requirement for shifting losses to others via tort law is a flexible concept that may even be stretched to accommodate cross-border human rights policies. The new French “devoir de vigilance,” or human rights due diligence, as well the UK Supreme Court’s recent jurisprudence, aim to tap this potential. On the other hand, the article raises doubt in relation to the adverse economic incentives and market shifts if such duties are imposed selectively, i.e. only in some jurisdictions, but not in others. After all, private international law often stands in the way of a global application of national tort law. Finally, alternative mechanisms of enforcement are assessed and examined with a view to their comparative effectiveness. This analysis casts doubt on the usefulness of tort law as a means to further the human rights cause.

Chapter 5 is devoted to the dynamism of self-limitation (ziwo kanxian 自我坎陷) of the moral self—that is, a paradoxical dynamism of entanglement that produces an ontological bifurcation between the moral self and cognitive self. From the viewpoint of the self, the question is how knowing, limited egos, scattered through the multiplicity of our brains and intentionally related to an exterior world, can be produced by an all-embracing and inexhaustible moral self, and ultimately contribute to its full realization. Now we have reached the key point of Mou’s definition of the human being as a “finite being that can become infinite.” My methodological proposal is to take advantage of the centrality of space and spatial metaphors in Mou’s thought. In Chapter 3, we outlined the hodological nature of jingjie, that is, the mental landscape shaped by our effort to reach and move through it. The word kanxian, which is difficult to translate, is employed by Mou to designate the self-limitation of the moral self, and is etymologically related to “sinking” and “descending.” Furthermore, Mou affirms that the knowing self is characterized by a “curved” or “twisting” thought. This suggests that the difference between absolute and finite selves is not representable as an abyss, a catastrophic fall without return, but as an inflection, a dynamism of descent that, in its curvature, allows the possibility of a recollection and an ascensional return to the straight level of the infinite mind. To unravel the paradox of self-limitation, we should bear in mind that any dynamism can be seen from two spatial viewpoints: that of the finite self, characterized by fragmentation and dialectical opposition, and that of the moral self, which transcends fixed separations through a circular dynamism that intersects the finite world only to elevate it to the origin and source of life. In addition to the topological interpretation, I think that another fruitful approach to the dynamism of “self-limitation” is represented by the Western-Chinese comparative approach. The reason is that Mou himself, in developing the idea of self-limitation in his later works, such as Phenomenon and Thing-in-Itself, or Intellectual Intuition and Chinese Philosophy, is constantly operating in a comparative way. In pursuing this cross-cultural contrast, I adopt the term kenosis as a frame of reference. The relevance of this concept, originally derived from theology, lies in the fact that it can indicate any process in which a higher metaphysical substance voluntarily renounces the fullness of its width and power to manifest and act on a lower plane. The first kenotic model is presented in Hegel’s Logic and Phenomenology of the Spirit: the dialectical unfolding of the Absolute that, passing through the travail of the negative, returns progressively to itself, discovering the truth of its absoluteness concealed in the beginning. The point of maximum similarity between the Hegelian approach and that of Mou lies in their shared conception of the Absolute as subjective—that is, as an organic unfolding of life that reflexively returns to itself. Analyzing the two ways of self-limitation in Hegel, that is, alienation (Entfremdung) and exteriorization (Entäusserung), I highlight the similarities between this kenotic movement and Mou’s ziwo kanxian. In both cases, the self is not given from the beginning but realizes itself in the process of becoming. This process of self-construction requires commitment and continuous mediation with concreteness, as well as the force to transcend every partial embodiment. However, two significant differences can be observed between the Hegel and Mou groups. The first is the different consideration of horizontal finite reality, which, in Hegel, does not possess any autonomous positivity but should be continuously annihilated and conserved only in his logical truth. In Mou, finite contingences are the places of manifestation and realization of the moral mind; thus, they possess a specific ontological and metaphysical value. The separation between the cognitive ego and the world as objects of knowledge is instituted only through attachment. This temporary and illusory division in the cognitive mind must be overcome, but the concreteness of any moment should be recovered through moral action. Hegel’s dialectical self develops on a purely cognitive level, and its longing for completeness is projected toward the final stage of the Absolute Spirit. In contrast, Mou’s moral self is accomplished at every instant through concern for other beings. The vertical axis of action intersects the horizontal axis of reality. The point of intersection between the verticality of moral endeavors and the horizontality of finite things is not to be found only at the end of the process, but is a fulfillment and a truth that can take place at any instant. The second kenotic model is offered by Emmanuel Lévinas’ (1906–1995) “philosophy of the Other” and is rooted in the kabbalistic idea of tzimtzum, that is, the voluntary self-withdrawal of God in order to free a void space in which the finite creature can autonomously consist and flourish. What appealed to Lévinas was the primacy of ethics, which seems to recall the basic tenet of Mou’s moral metaphysics. According to Lévinas, in my everyday life, I am immersed in the anonymity of being, enthralled by my search for enjoyment and self-fulfillment. The only event that can draw myself out of this circle of entrapment is the appearance of the face of another fellow human being who, in his vulnerability, draws me out of my horizon and calls me to my moral responsibility. I wake up from my selfish and dream-like plenitude only when I am attracted to this new barycenter, and I experience disruption and irreducible otherness. If we recall the Mencian example of the child about to fall in a well and the alarm and urgency shaking the roots of my being, we may notice here a common vital experience that is spontaneously produced by the appearance of the other. However, if we thoroughly analyze this experience, we may perceive a noticeable difference between Lévinas and Mou, which is based on a different idea of the self. In Lévinas, the subject is structurally centripetal and immersed in its egotistic jouissance; therefore, the disruption of radical otherness is required for me to be passively and forcibly drawn outside myself in the space of ethics. In contrast, in Mou, the human being may be immersed in the mind of habit and traverse his everyday world with the distraction of a somnambulist; however, the core of one’s being is the moral mind, which is always vigilant, living, and responsive. The innate moral consciousness that operates in my luminous core is a space for ethics. Despite the attempt to elaborate on metaphysics based on moral duty, Lévinas’ ethics remain at a cognitive level, that is, bound to an insuperable exteriority and distance between the finite self and the other. Mou’s self-limitation of the moral mind does not withdraw to let finite beings exist autonomously, as in the hypothesis of tzimtzum. Mou’s moral self accepts restraining itself, cognitively penetrating the phenomenal details of the world, and subsuming them in its action. In this way, the subject is able to fulfill its authentic nature, which is an infinite dynamic responsiveness to which nothing can be external.

Abstract This chapter identifies a method of assessing a state’s compliance with its general mitigation obligations. This method involves the identification of appropriate measures that a state would be expected to take when complying with its general mitigation obligations. Non-performance of a duty corollary to a general mitigation obligation would create a presumption that the state has breached its general mitigation obligation. In the context of climate litigation, this would have the practical effect of shifting the burden of proof onto the state. The chapter identifies three main corollary duties and emphasizes some of their applications in light of state practice. These three main corollary duties are the duty of cooperation, the duty of vigilance, and the duty of consistency.

Sandra Cossart and Lucie Chatelain review strategic human rights and environmental cases against multinationals in France. By reference to actual cases they outline the legal bases, jurisdiction, and procedure for corporate criminal liability for offences overseas. They discuss cases arising from consumer complaints for misrepresentations by multinationals about human rights standards in supply chains. Regarding tort law, they explain the corporate veil and other hurdles and the potential for claims against parent companies and attempts made to utilise French labour law by employees of foreign subsidiaries. They explain the ground-breaking Law on the Duty of Vigilance of parent and instructing companies, the potential for civil liability in the event of failure to comply with the requirements for a vigilance plan, and judicial enforcement mechanisms. They outline procedural barriers to claims against multinationals, including with regard to access to evidence, collective actions, legal standing of NGOs, and costs rules.

Abstract This chapter deals with recent French and European developments regarding integration of environmental and social due diligence requirements into company law. The reference to French law is justified by the pioneering nature of the duty of ‘vigilance’ introduced in 2017, which served as a model for the European Commission. The proposed European directive is, however, more ambitious in terms of scope, prescriptive content, and enforcement. Normatively, these regulatory developments reflect the incorporation into substantive law of standards that until now have come under soft law or transparency requirements. More specifically, they mark a use and exploitation of company law for environmental and social (E/S) purposes, a consequent politicization of the role of companies, a ‘mix of genres’ between public interest and private interest goals, which can be a source of confusion.

Abstract This chapter argues that today’s interest in republicanism and a neo-republican perspective should include a normative vision of political education which refers to various key concepts of the classical republican tradition, but also has a practical component described here as self-education. The vision that is offered sees politics as an activity of free persons, and political education as primarily self-education, a process of learning that aims at greater political awareness, empowerment, recognition of civic duty, and a better judgement on political issues. These are key practical remedies to the diminished role of the public good and the shallowness of politics in a liberal-democratic order. Republican political education is also as a significant contribution to the preservation of a free society as a necessary condition of active political and civic involvement, community service, citizenship, civic intelligence, and political liberty. It fosters the conception of a republican democracy of vigilant citizens by indicating the resources that shape such vigilance. One of them is the very awareness of the political, of being a member of various groups and communities that have political goals, such that can be achieved only through political arrangements, deliberation, and compromise.

As the country prepares to host the 2024 Paris Summer Olympics, France presents perhaps the biggest, but still unrecognized and untapped, human rights and anti-corruption legacy opportunity. In 2017, three extraordinary events occurred. First, a landmark anti-corruption law called Sapin II, and a cutting-edge corporate human rights statute called the Duty of Vigilance Law, went into effect. Second, this country, already awash in a wave of domestic anti-corruption and human rights reforms, won the rights to host the 2024 Summer Olympics. Third, the IOC amended its host city contract to impose, for the first time in history, anti-corruption and human rights obligations on the host country. This is a legacy opportunity if ever there were. However, while France’s legacy opportunity is large, it remains latent. At press time, France had not yet embraced the concept that hosting the Olympic Games could accelerate the implementation of their new laws and practices. Nor has the International Olympic Committee yet recognized the opportunity that France presents. France thus highlights both the opportunity that megasports now provide, and the need for various stakeholders to recognize and support the concept of a human rights and anti-corruption legacy if such an opportunity is to be realized. If France were to embrace this opportunity, France’s legacy would build upon Qatar’s precedent. France thus presents the first chance to implement a proactive, intentional, and two-dimensional legacy.

This chapter draws out lessons and patterns from a comparison of non-governmental organization (NGO) enforcement across different policy areas. It considers the wider implications of vigilante justice for the international legal order. The global NGO community has important resources to bring to international law enforcement, especially in weak jurisdictions where governments may lack capacity to enforce laws that transcend international boundaries. The chapter emphasizes how positive effects may be cancelled out by negative influences on state incentives if the contributions of NGOs invite governments to shirk their duty by reducing efforts to enforce international law. It explores how transnational vigilante enforcement raises thorny questions about legitimacy, due process, and accountability.