Books: 'Transparency and Consent Framework'

1

S, Miller Donald. Transparency masters to accompany "Fundamentals of management : a framework for excellence". Minneapolis/St. Paul: West, 1996.

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2

Nyamori, Bosire. An assessment of the legal framework for budget transparency, participation and management in Kenya. Nairobi, Kenya: Institute of Policy Analysis and Research, 2008.

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3

Organisation for economic co-operation and development. Global forum on transparency and exchange of information for tax purposes peer reviews: Kenya 2013 : phase 1, legal and regulatory framework. Paris: OECD, 2013.

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4

Organisation for economic co-operation and development. Global forum on transparency and exchange of Information for tax purposes peer reviews: Mauritania 2015 : phase 1, legal and regulatory framework. Paris]: OECD, 2015.

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5

Organisation for economic co-operation and development. Global forum on transparency and exchange of information for tax purposes peer reviews: Latvia 2014 : phase 1, legal and regulatory framework. Paris]: OECD, 2014.

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6

Organisation for economic co-operation and development. Global forum on transparency and exchange of information for tax purposes peer reviews: Saudi Arabia 2014 : phase 1, legal and regulatory framework. Paris]: OECD, 2014.

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7

India) CUTS Centre for Consumer Action Research & Training (Jaipur. Model framework for replication: Usages of RTI in rural Rajasthan, India, enchancing transparency and reforming the processes. Jaipur: CUTS Centre for Consumer Action Research & Training, 2010.

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8

Price, David P. T. Human tissue in transplantation and research: A model legal and ethical donation framework. Cambridge, UK: Cambridge University Press, 2009.

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9

Organisation for economic co-operation and development. Global forum on transparency and exchange of information for tax purposes peer reviews: The Seychelles 2011 : phase 1 : legal and regulatory framework. [Paris]: OECD, 2011.

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Purposes, Global Forum on Transparency and Exchange of Information for Tax. Global forum on transparency and exchange of information for tax purposes peer reviews: El Salvador 2015 : phase 1, legal and regulatory framework. Paris: OECD, 2015.

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11

Human tissue in transplantation and research: A model legal and ethical donation framework. Cambridge, UK: Cambridge University Press, 2009.

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12

United States. Government Accountability Office. Risk-based capital: Bank regulators need to improve transparency and overcome impediments to finalizing the proposed Basel II framework : report to congressional committees. Washington, D.C: GAO, 2007.

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13

Global Forum on Transparency and Exchange of Information for Tax Purposes. Global forum on transparency and exchange of information for tax purposes peer reviews: United States 2011 : combined, phase 1 and phase 2 : reflecting the legal and regulatory framework as at February 2011. Paris: OECD, 2011.

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14

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part I Overview, 3 Dispute Resolution Provisions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0003.

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Chapter 3 examines those aspects of dispute resolution provisions commonly found in bilateral investment treaties (BITs), with particular emphasis on four fundamental issues in the settlement of investment disputes through arbitration: (1) the clauses in investment treaties that provide for investor–State arbitration, focusing on the issue of the existence and limits of the consent to arbitrate; (2) transparency and the extent to which non-parties may be heard in the process; (3) the legal nature of the rights contained in investment treaties within the choice of law framework applicable to investment arbitration, in which both international law and host State law have a role to play; and (4) the overall approach to be taken to the interpretation of BITs under the general rule of interpretation provided in the Vienna Convention. The chapter concludes by discussing the role precedent plays in the development of investment treaty law.

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15

DiÌaz-Briquets, Sergio. A Transparency/accountability framework for combating corruption in post-Castro Cuba. The Institute, 2002.

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16

The Law of competency and consent: Exploring the new legislative framework. Toronto: Law Society of Upper Canada, Dept. of Education, 1992.

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17

Hasinoff, Amy Adele. Information and consent. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038983.003.0006.

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This chapter considers the idea that personal information is impossible to control and how this assumption operates in discussions about sexting. It argues that current models of privacy and information flows online do not adequately account for consent and instead stresses the need for better policies and a more robust conversation about social norms of privacy online. Building on feminist theories of sexual consent and challenging the view that all information should be free, the chapter proposes a framework for privacy that requires explicit consent for the circulation of any private information. It explains how thinking about consent in the circulation of media leads to a range of alternative responses to privacy violations. It also maintains that privacy should be seen as context-dependent, not technology-or format-dependent.

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18

Norris, Pippa. Transparency in Electoral Governance. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190677800.003.0001.

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This chapter develops the book’s central theoretical framework, which identifies three alternative channels of accountability for electoral-management bodies (EMBs)—the core administrative agencies charged with running elections. It shows that channels of accountability flow upward from EMBs toward the international community and, horizontally, outward to other core state institutions, providing checks and balances on the power of electoral authorities. Thus, the chapter considers how these processes work in diverse contexts and types of regimes. It describes the structure and accountability of different types of EMBs. Finally, this chapter provides a roadmap for the plan of the book, including explaining how this theoretical framework applies to each of the subsequent chapters.

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19

Mysoor, Poorna. Implied Licences in Copyright Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858195.001.0001.

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Implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of copyright owners and content users, especially in today’s dynamic technological environment. However, implication as a process is contentious and there are no established principles for implying copyright licences. The resulting uncertainty has led to incoherence, diminishing the value of implied licences in judicial reasoning. This book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law methodically in the light of these frameworks to demonstrate how the court’s reasoning can be made transparent. Underscoring the contemporary relevance of implied licences, the book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet—browsing, hyperlinking, and indexing.

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20

M, De Ferranti David, ed. How to improve governance: A new framework for analysis and action. Washington, DC: Brookings Institution Press, 2009.

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21

Donnelly, Mary. Depression and Consent to Treatment. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801900.003.0018.

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This chapter examines the law’s approach to decision-making capacity in the context of severe depression, with particular emphasis on decisions in respect of treatment (both treatment for the depressive condition itself and for other conditions that are not directly linked). It draws on the work of Matthew Ratcliffe on experiences of depression to highlight difficulties in applying the legal standard for decision-making capacity in the Mental Capacity Act 2005 (MCA) to people with severe depression. The chapter explains how the law can address the limits of a capacity-based approach to consent to treatment and argues that an appropriate legal framework requires better engagement with the experiences of people living with depression. This framework should be grounded in recovery norms rather than autonomy/capacity norms—even if it recognizes that the two will overlap in many situations.

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22

Ray, Sumantra (Shumone), Sue Fitzpatrick, Rajna Golubic, Susan Fisher, and Sarah Gibbings, eds. Informed consent in a research setting. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199608478.003.0009.

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Informed consent is a legal requirement for all clinical trials conducted on human subjects. This chapter summarises the process for obtaining consent for non-clinical trial research and goes on to describe the more highly regulated consent process for clinical trials in investigational medicinal products (CTIMPs). The chapter defines consent and discusses the requirements for consent in capable adults. The process for CTIMP studies is outlined together with the required elements of consent to be documented in the patient information sheet and the process to be followed with withdrawal of consent is also described. Consent, assent and the concept of legal representatives in vulnerable groups is discussed including children and incapacitated adults. How to assess capacity is described along with consent in emergency situations. Formally documenting the consent process and how the information is given to the patient is vital. The role of the research team in consent is outlined. The investigator is advised to describe the process of consent and should identify which registered health professionals will undertake the process. In some situations a medically qualified person will be required to determine eligibility prior to enrolment, to discuss the study and assess capacity if necessary. A participant's decision to consent for research may be influenced by 'the research culture' in the country or the health care setting. Transparency and providing information continuously to participants throughout the study will re-assure them and reaffirm their willingness to continue.

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23

Evans, Barbara J., Holly Fernandez Lynch, I. Glenn Cohen, and Carmel Shachar. Transparency in Health and Health Care in the United States: Law and Ethics. Cambridge University Press, 2019.

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24

Evans, Barbara J., Holly Fernandez Lynch, I. Glenn Cohen, and Carmel Shachar. Transparency in Health and Health Care in the United States: Law and Ethics. Cambridge University Press, 2019.

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25

Olsen, Karen Holm, Federico Canu, Susanne Konrad, and Ana Cardoso. Nordic Capacity-Building Support to LDCs and SIDS for the Implementation of the Transparency Framework of the Paris Agreement. Nordic Council of Ministers, 2020. http://dx.doi.org/10.6027/temanord2020-519.

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26

Transparency and responsiveness: Building a participatory process for activities implemented jointly under the climate change convention. Washington, DC: Environmental Law Institute, 1997.

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27

Global forum on transparency and exchange of information for tax purposes peer reviews: Nigeria 2013 : phase 1: legal and regulatory framework. Org. for Economic Cooperation & Development, 2013.

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28

Skerker, Michael. A Two-Level Account of Executive Authority. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190922542.003.0010.

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This chapter will consider whether an inhabitant of a liberal state needs to be informed of all her government’s policies in order for that government to have legitimate authority to compel her actions. Another way of putting this question is whether government authority in a liberal state depends on full transparency. Security actors in a liberal state are charged with maintaining a relatively crime-free and peaceful society because such an environment is a necessary precondition for a person’s full enjoyment of her rights over time. State agents should pick consent-worthy tactics indexed to this consent-worthy end. Since efficacious tactics may be in tension with respect for people’s rights, consent-worthy tactics will be those that are the most efficacious, effective, reliable, proportionate, and rights-respecting available. Transparency is not necessary for legitimacy since legitimate government actions are indexed to the hypothetical consent of a generic person rather than the explicit consent of particular people. Transparency is necessary for inhabitants to ensure that state agents do not err or become corrupt in the pursuit of otherwise legitimate aims. Yet the complete disclosure of government actions will compromise some legitimate security-seeking missions. In these cases, the moral need for secrecy trumps the need for disclosure. Liberal governments then can conceal the existence of certain programs without compromising their authority to implement them. Secrecy opens the door to corruption, but thankfully, these parameters apply to few tactics.

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29

Trepulė, Elena, Airina Volungevičienė, Margarita Teresevičienė, Estela Daukšienė, Rasa Greenspon, Giedrė Tamoliūnė, Marius Šadauskas, and Gintarė Vaitonytė. Guidelines for open and online learning assessment and recognition with reference to the National and European qualification framework: micro-credentials as a proposal for tuning and transparency. Vytauto Didžiojo universitetas, 2021. http://dx.doi.org/10.7220/9786094674792.

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These Guidelines are one of the results of the four-year research project “Open Online Learning for Digital and Networked Society” (2017-2021). The project objective was to enable university teachers to design open and online learning through open and online learning curriculum and environment applying learning analytics as a metacognitive tool and creating open and online learning assessment and recognition practices, responding to the needs of digital and networked society. The research of the project resulted in 10 scientific publications and 2 studies prepared by Vytautas Magnus university Institute of Innovative Studies research team in collaboration with their international research partners from Germany, Spain and Portugal. The final stage of the research attempted creating open and online learning assessment and recognition practices, responding to the learner needs in contemporary digital and networked society. The need for open learning recognition has been increasing during the recent decade while the developments of open learning related to the Covid 19 pandemics have dramatically increased the need for systematic and high-quality assessment and recognition of learning acquired online. The given time also relates to the increased need to offer micro-credentials to learners, as well as a rising need for universities to prepare for micro-credentialization and issue new digital credentials to learners who are regular students, as well as adult learners joining for single courses. The increased need of all labour - market participants for frequent and fast renewal of competences requires a well working and easy to use system of open learning assessment and recognition. For learners, it is critical that the micro-credentials are well linked to national and European qualification frameworks, as well as European digital credential infrastructures (e.g., Europass and similar). For employers, it is important to receive requested quality information that is encrypted in the metadata of the credential. While for universities, there is the need to properly prepare institutional digital infrastructure, organizational procedures, descriptions of open learning opportunities and virtual learning environments to share, import and export the meta-data easily and seamlessly through European Digital Hub service infrastructures, as well as ensure that academic and administrative staff has digital competencies to design, issue and recognise open learning through digital and micro-credentials. The first chapter of the Guidelines provides a background view of the European Qualification Framework and National Qualification frameworks for the further system of gaining, stacking and modelling further qualifications through open online learning. The second chapter suggests the review of current European policy papers and consultations on the establishment of micro-credentials in European higher education. The findings of the report of micro-credentials higher education consultation group “European Approach to Micro-credentials” is shortly introduced, as well as important policy discussions taking place. Responding to the Rome Bologna Comunique 2020, where the ministers responsible for higher education agreed to support lifelong learning through issuing micro-credentials, a joint endeavour of DG Employment, Social Affairs and Inclusion and DG Research and Innovation resulted in one of the most important political documents highlighting the potential of micro-credentials towards economic, social and education innovations. The consultation group of experts from the Member States defined the approach to micro-credentials to facilitate their validation, recognition and portability, as well as to foster a larger uptake to support individual learning in any subject area and at any stage of life or career. The Consultation Group also suggested further urgent topics to be discussed, including the storage, data exchange, portability, and data standards of micro-credentials and proposed EU Standard of constitutive elements of micro-credentials. The third chapter is devoted to the institutional readiness to issue and to recognize digital and micro-credentials. Universities need strategic decisions and procedures ready to be enacted for assessment of open learning and issuing micro-credentials. The administrative and academic staff needs to be aware and confident to follow these procedures while keeping the quality assurance procedures in place, as well. The process needs to include increasing teacher awareness in the processes of open learning assessment and the role of micro-credentials for the competitiveness of lifelong learners in general. When the strategic documents and procedures to assess open learning are in place and the staff is ready and well aware of the processes, the description of the courses and the virtual learning environment needs to be prepared to provide the necessary metadata for the assessment of open learning and issuing of micro-credentials. Different innovation-driven projects offer solutions: OEPass developed a pilot Learning Passport, based on European Diploma Supplement, MicroHE developed a portal Credentify for displaying, verifying and sharing micro-credential data. Credentify platform is using Blockchain technology and is developed to comply with European Qualifications Framework. Institutions, willing to join Credentify platform, should make strategic discussions to apply micro-credential metadata standards. The ECCOE project building on outcomes of OEPass and MicroHE offers an all-encompassing set of quality descriptors for credentials and the descriptions of learning opportunities in higher education. The third chapter also describes the requirements for university structures to interact with the Europass digital credentials infrastructure. In 2020, European Commission launched a new Europass platform with Digital Credential Infrastructure in place. Higher education institutions issuing micro-credentials linked to Europass digital credentials infrastructure may offer added value for the learners and can increase reliability and fraud-resistant information for the employers. However, before using Europass Digital Credentials, universities should fulfil the necessary preconditions that include obtaining a qualified electronic seal, installing additional software and preparing the necessary data templates. Moreover, the virtual learning environment needs to be prepared to export learning outcomes to a digital credential, maintaining and securing learner authentication. Open learning opportunity descriptions also need to be adjusted to transfer and match information for the credential meta-data. The Fourth chapter illustrates how digital badges as a type of micro-credentials in open online learning assessment may be used in higher education to create added value for the learners and employers. An adequately provided metadata allows using digital badges as a valuable tool for recognition in all learning settings, including formal, non-formal and informal.

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30

Aloysius P, Llamzon. Part II The Jurisprudence on Corruption in International Investment Arbitration: Case and Trend Analysis, 5 The Scope of Inquiry: Treaty vs. Contract 'Investment Arbitration'. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198714262.003.0005.

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This chapter analyzes the nature of international investment arbitration and how that modality of dispute settlement differs from international commercial arbitration. The most obvious difference between investment and commercial arbitration is the nature of the parties' consent to arbitrate. In contract-based commercial arbitration, consent is expressed in a mutual, largely contemporaneous exchange of promises to bring a present or future dispute to arbitration. But in investment treaty arbitration, the host State's consent is usually expressed as an open offer of arbitration for all nationals of the counterparty State to the investment treaty. Investment arbitration proceedings also operate at high levels of transparency relative to commercial arbitration.

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31

Ucheora, Onwuamaegbu. Part I Investment Treaties and the Settlement of Investment Disputes: The Framework, 3 International Investment Dispute Settlement Mechanisms. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0003.

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This chapter begins by introducing the three institutions under whose auspices treaty-based investor-state arbitration proceedings have most commonly been conducted: the International Centre for Settlement of Investment Disputes (ICSID), the International Court of Arbitration of the International Chamber of Commerce (ICC), and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). Following a general overview of the three institutions, it examines certain procedural issues that may be considered by parties in deciding among them, assuming that consent exists. The intention is to highlight certain provisions in their arbitration rules that best demonstrate the main differences between them. Finally, the chapter examines the Rules of the United Nations Commission on International Trade Law under which the majority of ad hoc investor-state arbitrations have so far been conducted and draws certain contrasts between them and the rules of the institutions earlier discussed.

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32

Andrea J, Menaker, and Hellbeck Eckhard. Part II Guide to Key Preliminary and Procedural Issues, 9 Piercing the Veil of Confidentiality: The Recent Trend towards Greater Public Participation and Transparency in Investment Treaty Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0009.

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Over the past few years, the US, Canada, and the EU have incorporated ‘transparency’ provisions into their investment treaties. Arbitration under those treaties thus will not be confidential, regardless of the arbitral rules governing them. By contrast, Russia’s 2016 regulation for the negotiation of investment treaties expressly provides for confidentiality of arbitration, including the award, unless both parties consent in writing to disclose information. This chapter traces the development of public disclosure and participation in investment arbitration. It is divided into three sections: public access to arbitral documents, third-party written submissions, and public access to arbitration hearings. Each section addresses developments under NAFTA Chapter 11, the evolution of the practice under the International Centre for Settlement of Investment Dispute (ICSID) Arbitration Rules, the approach taken by the new UNCITRAL Rules on Transparency, the status of other arbitration rules, and the practice of certain States as shown in their recent agreements.

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33

Rubinstein, Ira S., Gregory T. Nojeim, and Ronald D. Lee. Systematic Government Access to Private-Sector Data. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190685515.003.0001.

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There has been an increase worldwide in government demands for data held by the private sector. In most countries studied, the publicly accessible law provides an inadequate foundation for systematic access, both from a human rights perspective and at a practical level. Transparency about systematic access remains weak. Access for national security purposes is more sparingly regulated than is access for criminal investigation purposes. Relying on the country reports prepared for this project, this chapter develops both a descriptive framework for comparing national laws on surveillance and government access to data held by the private sector, and a normative framework based on factors derived from constitutional and human rights law. A robust, global debate is needed on the standards for government surveillance, premised on greater transparency about current practices. International human rights law provides a useful framework for that debate.

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34

Candilis, Philip J., and Eric D. Huttenbach. Ethics in correctional mental health. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199360574.003.0008.

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Working as a psychiatrist in a jail or prison presents many ethical issues, many unique to the correctional setting. Obligations to the law, professional standards, the community, and public health require a complex appreciation of competing values. It remains an extraordinary commentary on the state of mental health that the largest mental health institutions in the United States are jails and prisons. In daily practice, acknowledging healthcare, individual, and professional values in a robust vision of professionalism means advocating for clinical values and opposing mistreatment. Making the limits of confidentiality clear is a time-honored element of the informed consent process and need not be diluted in the correctional system. Honoring clear boundaries between treatment and forensic evaluation are the crux of this issue: confidentiality warnings and access to counsel cannot be one-off affairs that do not account for the cognitive, educational, or mental health vulnerabilities of the patient in a correctional setting. Developing trust, offering transparency, and delivering clear descriptions of procedural requirements are the lessons of an empirical database that supports this approach and can lead to more collaboration and less violence. This chapter presents a discussion of the critical concerns, including informed consent and coercion, dual agency, appropriate access to care, and managing professional boundaries and standards.

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35

Robillard, Julie M., and Emily Wight. Communicating about the brain in the digital era. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198786832.003.0028.

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Neuroscience communication is at a turning point, with tremendous opportunity for growth and democratization. The rise of the web and social media as platforms for dissemination of research findings and stakeholder engagement presents both unique opportunities and critical ethical considerations. Online- and mobile-based information and services for brain health may enhance the autonomy of users in health decision-making. However, nonadherence to ethical norms, such as informed consent and conflict of interest by digital content creators, may lead to harm. The challenges of communicating neuroscience in the digital era will require the rejection of the traditional top-down dissemination of research findings by the science community. Communicators must embrace participatory communication models, frame science in non-sensationalized, lay-friendly terms, improve the ethics of online resources and web users’ ability to assess the quality of information and source material, and educate scientists in the importance of transparency and public engagement.

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36

Banerjee, Arindam. Agrarian Crisis and Accumulation in Rural India. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198792444.003.0005.

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This chapter focuses on the contentious issue of state-led land transfers and the role of law in mediating between corporate interests and the demands of groups dispossessed by “forcible” land acquisitions. Arguing, with Gramsci, that an important function of law-making is to participate in the organization of consent, the authors suggest that law-making in the context of land transfers in India aims to arrive at compromise equilibria between the interests of dominant and subaltern groups. From this position, the chapter scrutinizes the dialectic between grassroots-based “law-struggles” against dispossession and government law-making regulating land transfers, which eventually gave rise to the new Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Bill. While the authors acknowledge the progressive measures contained in the act, they also suggest that it may nonetheless, in the long run, facilitate the process of neoliberal social and economic restructuring in India.

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Leino, Päivi. The Politics of Efficient Compromise in the Adoption of EU Legal Acts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817468.003.0003.

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This chapter examines the interplay between the formal and informal rules relating to the adoption of legislative acts, and the effects that this interplay has on participation and transparency in EU law-making. It discusses the relationship between the claimed objectivity of the choices relating to legal basis and their institutional implications through the Court jurisprudence, with a focus on inter-institutional power relations. The current emphasis on efficiency, guaranteed through the flexibility built into the informal rules of law-making, brings to the fore many fundamental questions relating to participation, transparency, and power in the adoption of EU legal acts. In short, efficiency comes at a cost to many other objectives that the Treaty of Lisbon was believed to strengthen. The relevant political question is whether the balance created by today’s informal law-making framework is the right one.

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38

Fortin, Katharine. International Humanitarian Law and International Legal Personality. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808381.003.0005.

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This purpose of this chapter is to determine what the framework of international humanitarian law demonstrates about the material and theoretical circumstances that are required in order for armed groups to acquire international legal personality under international humanitarian law. To fulfil this aim, the chapter analyses the threshold of international humanitarian law and explores its relevance to the acquisition of legal personality by armed groups. The chapter ends by analysing the threshold test against the evaluative framework in Chapter 3, drawing conclusions about the role that State consent plays in the acquisition of international legal personality by armed groups under international humanitarian law.

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39

Hamada, Yukihiko, and Khushbu Agrawal. Political Finance Reforms: How to respond to today’s policy challenges? International Institute for Democracy and Electoral Assistance, 2020. http://dx.doi.org/10.31752/idea.2020.68.

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Money is a necessary component of any democracy: it enables political participation, campaigning and representation. However, if it is not effectively regulated, it can undermine the integrity of political processes and institutions, and jeopardize the quality of democracy. Therefore, regulations related to the funding of political parties and election campaigns, commonly known as political finance, are a critical way to promote integrity, transparency and accountability in any democracy. Political finance regulations must adapt and adjust to political, economic and societal changes. This report contributes to the discussion of the future of political finance by exploring the following trends, opportunities and challenges related to money in politics that need to be taken into consideration when improving political finance systems: • mainstreaming political finance regulations into an overall anti-corruption framework; • supporting the implementation of existing political finance regulations and monitoring their performance; • harnessing digital technologies to ensure transparency and accountability in political finance; and • designing targeted political finance measures to encourage the inclusion of underrepresented groups in politics.

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40

Brenner, Adam, and J. Christian Cather. Using a “Virtues” Approach to Ethical Challenges in Psychoanalytic Psychotherapy. Edited by John Z. Sadler, K. W. M. Fulford, and Werdie (C W. ). van Staden. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780198732372.013.33.

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Ethical issues involving autonomy, coercion, consent, boundaries, involuntary commitment, and others are inherent in the mental health field. These issues are complicated by the consideration of concepts such as the unconscious mind and transference that are principle components of psychoanalytic theory and practice. Ethical rules can provide a framework in which the practitioner may operate; however, these rules can come into conflict creating a dilemma for the therapist. In addition to ethical rules directing our action, virtues (habits of the heart and mind that are developed through effortful practice and lead to excellence in a defined realm of activity) ask us to adapt certain aspect of character. In virtue ethics, these aspects of character are given more weight in moral assessments relative to strict adherence to rules or outcomes. The authors discuss virtue ethics in the practice of psychoanalysis and illustrate these ideas with a discussion of informed consent.

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41

Fortin, Katharine. The Law on Belligerency and Insurgency, and International Legal Personality. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808381.003.0004.

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This chapter provides a historical account of the manner in which the legal personality of armed groups was conceived and treated prior to the drafting of the 1949 Geneva Conventions. Conducting a detailed review of the law of belligerency and the legal framework of insurgency, the chapter demonstrates the different ways in which armed groups could acquire obligations under international law under these frameworks. During the course of this examination, the chapter pays particular attention to the relevance of territory, special agreements, State consent, and the armed group’s functionality. It concludes by analysing its findings against the evaluative framework set out in Chapter 3.

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42

Dempsey, James X., and Fred H. Cate. Recommendations for Government and Industry. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190685515.003.0023.

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The chapters in this volume are uniform in their commitment to the proposition that terrorism can be effectively fought and national security interests can be defended within a system of oversight and control that protects both corporate interests and individual privacy. Moreover, they are remarkable in their consistency in describing the components of an effective system of checks and balances. This chapter draws on the work of the contributors to this volume and on the flood of policy developments over the past five years to recommend a coherent framework for collection of private-sector data. The elements of this framework for governments are legality, proportionality, and accountability. For corporations, they are based on adoption of internal policies, internal and external accountability, and transparency, backed up by a willingness to challenge overbroad or unjustified government demands.

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Catanzaro, Michael P., and Rachel J. Kwon. Zollinger-Ellison Syndrome. Edited by Rachel J. Kwon. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199384075.003.0050.

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This chapter provides a summary of a landmark historical case study in surgery involving Zollinger-Ellison syndrome. It describes the history of the disease, gives a summary of the study including study design and results, and relates the study to a modern-day principle of evidence-based medicine: case reports in study design. The EQUATOR (Enhancing the QUAlity and Transparency Of health Research) network endorses structured case reports according to the CARE (CAse REport) framework, a checklist of 13 items as well as a writing template. More recently, the surgery-specific SCARE (Surgical CAse REport) framework has been developed. Overall, while Zollinger-Ellison syndrome remains an exceedingly rare clinical entity, its initial description by Zollinger and Ellison underscores the value of case reports for identifying rare but important medical conditions.

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Richmond, Oliver P. 4. The victors’ peace in history. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199656004.003.0005.

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‘The victors’ peace in history’ examines the notion that peace comes from a military victory and is dominated by the victor in a conflict. This is the oldest understanding of the concept of peace. It can be unjust and coercive, but it may be orderly. It may also be inherently unstable. The victor’s peace framework has many flaws. It is subject to the issue of territorial and strategic over-extension and the inability to control the conquered. History has taught us that local consent and legitimacy is necessary for any victor’s peace to be long-lasting and stable.

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N Jansen, Calamita. The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law-iic/9780190265779.016.0004.

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This chapter focuses on the principle of proportionality, examining its potential to act as a unifying guiding framework for the application and interpretation of investment treaties. It addresses threshold concerns about the legitimacy of introducing without state consent a concept that is not a general principle of law or customary norm, and then addresses whether proportionality can really be used to develop coherent treaty interpretations in the absence of fundamental agreement on questions regarding the relative strength of the rights and interests to be balanced in the analysis. It also considers the potential inutility of proportionality as a mode of analysis without agreement on the standard of review employed by tribunals in their application of a proportionality standard.

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Charles, Proctor. Part F Cross-Border Issues, 40 Banks and the Eurozone Crisis. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0040.

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The Eurozone has been in the midst of a financial crisis since the extent of Greece's sovereign debt problems became public in 2009. This chapter examines the consequences if a Member State found itself compelled to withdraw from the Eurozone as a result of its difficulties. It begins with some general remarks about the applicable treaty provisions and the framework for a Eurozone withdrawal. It then analyses the consequences if Greece withdrew from the Eurozone with the consent of the other Member States; or if Greece withdrew from the zone on a unilateral basis. It also considers essential measures aimed at protecting the national economy and the banking system, including the imposition of exchange controls.

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Sheeran, Scott. The Use of Force in United Nations Peacekeeping Operations. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0017.

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This chapter focuses on the nature, scope, and legitimacy of the use of force by UN peacekeeping operations within the framework of international law. Before clarifying the legal authority of UN peacekeepers to use force, it considers the historical and conceptual foundations and development of the use of force in UN peacekeeping. It then outlines the normative framework for use of force, including the categorization and legal bases for use of force under international law, and its relation to the jus ad bellum. The chapter also discusses the ‘basic principles’ of UN peacekeeping, namely consent of the main parties to the conflict, impartiality, and non-use of force except in self-defence, along with the goals of protecting civilians and responding to violations of international human rights law. Finally, it analyses the operational and practical challenges that arise due to the legal problems resulting from the use of force by UN peacekeepers.

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Markus, Hugh, Anthony Pereira, and Geoffrey Cloud. Ethical issues in stroke care. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780198737889.003.0017.

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The chapter on ethical issues in stroke care sets out an ethical framework incorporating patient autonomy, beneficence, non-maleficence, and justice to inform patient-centred stroke care. It covers a broad range of legal information as relevant to stroke care in the United Kingdom such as the European Law of Human Rights, The Human Rights Act 1998, The Mental Capacity Act (MCA) 2007, and Deprivation of Liberty safeguards (DoLS). It covers widely applicable guidance around consent, cardiopulmonary resuscitation, artificial nutrition and hydration, and withholding treatment and withdrawing medical treatment. A section is included to review the various types of Prolonged Disorders of Consciousness which are rare but devastating complication of stroke. An approach to end of life or palliative care in the stroke patient is also discussed.

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Margaretten, Emily. Love, Respect, and Masculinity. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039607.003.0005.

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This chapter examines nakana from the perspective of the Point Place males. Whereas the females link nakana to material goods, a shared living space, and emotional support, the young men of Point Place conceptualize it through another ideological framework. They associate nakana with the domestic production of patriarchal control: to obedience, discipline, and respect. For them, the organizing principles of nakana relate not to models of sexual exchange, but rather to models of masculinity, which they enact as strategies of meaningful survival on the streets. The chapter studies the presence of two dominant masculinities—the isoka and umnumzana—that take shape within Point Place. Both masculinities uphold patriarchy, not through the use of direct force, but through the coercive powers of consent.

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Charney, Scott. Trust but Verify. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190685515.003.0017.

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Broad government access to personal data held by the private sector, meaning access not tied to any specific account or person, is not acceptable, and it cannot be made acceptable through oversight or governance mechanisms. In considering the merits of bulk collection programs, it helps to have an overarching framework to decompose such programs into their component parts: actors, objectives, actions, and impacts. Although law enforcement and intelligence investigations vary in their objectives and methods, and governance models need to be tailored appropriately, several important principles apply to both. First, there should be no broad or unfettered access. Second, the process for accessing data should include appropriate oversight. Third, there should be transparency. Finally, in a globally connected world, it is important to think about the international implications of surveillance programs.

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Books on the topic 'Transparency and Consent Framework'

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