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1
Marx, Axel. "The Public-Private Distinction in Global Governance: How Relevant is it in the Case of Voluntary Sustainability Standards?" Chinese Journal of Global Governance 3, no. 1 (January 12, 2017): 1–26. http://dx.doi.org/10.1163/23525207-12340022.
Повний текст джерелаАнотація:
Whether global rules and standards originate from a public intergovernmental body or from a private organization has significant implications for the applicability of international law such as wto law. However, how sensible is this distinction between public and private? This paper argues that the distinction between public and private standards only makes sense if one looks at the legal status of specific standard-setting organisations. However, the distinction between public and private begins to blur and fade if one switches the unit of analysis. First, the paper shows that private standards are often based on internationally agreed (public) rules and norms. Second, the paper argues that governments on purpose or in the design of their policies take these private initiatives on board. Hence, they become an integral part of ‘public’ governance. These arguments are developed on the basis of an analysis of Voluntary Sustainability Standards (vss).
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Arrowsmith, Sue. "Public Private Partnerships and the European Procurement Rules: EU Policies in Conflict?" Common Market Law Review 37, Issue 3 (June 1, 2000): 709–37. http://dx.doi.org/10.54648/262018.
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Denny, Danielle Mendes Thame, Douglas Castro, and Emma Maxiao Yan. "AGENDA 2030 MEASUREMENTS AND FINANCE Interaction of International Investment Law and Sustainability." Veredas do Direito: Direito Ambiental e Desenvolvimento Sustentável 14, no. 30 (December 18, 2017): 53–76. http://dx.doi.org/10.18623/rvd.v14i30.1146.
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This work analyzes the Agenda 2030 in its main potentiality to lead public policies and private actions towards a more sustainable path. At the same time it acknowledges its dependency on measurements and finance mechanisms for the Sustainable Development Goals implementation. The main argument is that public expectations face difficulties to be translated in public actions, due to, among other factors, the lack of measurement and finance mechanisms. With this purpose it starts describing what is the Agenda 2030, and how this United Nations lead international declaration is structured to be monitored and implemented by States and others multi stakeholders. Secondly it analyses the importance of the measurements to address critical social environmental challenges and to allow comparison between the achievements of each member state. Third it remarks the role-played by international financial institutions, by international investment and by the private sector in general. Forth, the article highlights the drawbacks the methodology of goals can represent when used to overcome collective challenges marked by moral issues and diffuse impacts, being highly dependent on measurements and finance tools. The methodology chosen was the descriptive and normative, the techniques used were documentary, legislative and bibliographic research.
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Tsampi, Aikaterini, Jasper V. Been, Michelle Bruijn, and Brigit Toebes. "Expansion of Smoke-Free Policies: Stepping Up FCTC’s Game." European Journal of Health Law 29, no. 2 (March 4, 2022): 261–74. http://dx.doi.org/10.1163/15718093-bja10062.
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Abstract The Framework Convention for Tobacco Control (FCTC) is undoubtedly the most efficient international instrument for tobacco control. Article 8 FCTC shapes many smoke-free policies worldwide and in doing so it is usually associated with smoke-free regulation in enclosed public spaces. Our paper highlights that the FCTC contains a sound foundation for smoke-free policies that stretch beyond enclosed public places, such as open public spaces and (quasi-)private spaces. We demonstrate, in particular, that such wide smoke-free regulation, which is gaining momentum around the globe, is versatile and compatible with human rights standards. As such, these expanded smoke-free policies contribute to a wider culture of smoking denormalisation that scales up FCTC’s aspiration for tobacco control and subsequently to a smoke-free global society.
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Kroetz, Flávia Saldanha. "Post-genocide Identity Politics in Rwanda and Bosnia and Herzegovina and their Compatibility with International Human Rights Law." International Journal on Minority and Group Rights 23, no. 3 (July 19, 2016): 328–54. http://dx.doi.org/10.1163/15718115-02303002.
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Rwanda and Bosnia and Herzegovina were scenarios of large-scale violence throughout the 1990s, substantiated by the manipulation of public and private discourses that denied diversity. After the conflicts, the states were faced with the challenge of addressing not only the consequences of the conflicts but also the constructed narratives behind them. In the two cases, public policies were implemented to elude further violence and strengthen a peaceful and long-term coexistence. Whether based on the rejection of ethnic identity or on the preservation of ethnic and national divides, both countries adopted policies that undermine basic rights and ignore sections of society excluded from official versions of history. Victimization is still a tool for political interests and remains present in public discourses. Irrespective of governmental policies that intend to surpass ancient animosities, divisionism is still present and underpins politics, religion, and social life in Rwanda and in Bosnia.
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Byaruhanga, Julius. "An Analysis of Private Sector Actors’ Implementation of Uganda’s Petroleum Industry Local Content Policies." Journal of Natural Resources Policy Research 9, no. 2 (December 2019): 180–204. http://dx.doi.org/10.5325/naturesopolirese.9.2.0180.
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ABSTRACT The (un)successful implementation of local content policies (LCPs) is often attributed to the oil and gas industries’ corporate demands. Uganda discovered commercially viable oil and gas in 2006 and consequently adopted LCPs. However, limited research has looked at how private sector actors have responded to LCPs. This article analyzes how they have responded to the LCP requirements and to what effect. Sixty-seven key informant interviews with public, private, and civil society actors were conducted together with analysis of local content public and private sector reports and legal and policy documents. Findings indicate that local suppliers have adopted joint-venture mechanisms and enhanced their capacities through on-the-job training offered by international oil companies in response to both LCPs and industry corporate requirements. International companies have also changed their structures and policies to develop local suppliers’ capacities. I conclude by arguing for the establishment of all-inclusive local content development programs.
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Casini, Lorenzo. "The Making of aLex Sportivaby the Court of Arbitration for Sport." German Law Journal 12, no. 5 (May 1, 2011): 1317–40. http://dx.doi.org/10.1017/s2071832200017326.
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“Sports law is not just international; it is nongovernmental as well, and this differentiates it from all other forms of law.” Sports rules are genuine “global law” because they are applied across the entire world, they involve both international and domestic levels, and they directly affect individuals: This happens, for instance, in the case of the Olympic Charter, a private act of a “constitutional nature” with which all States comply, or in the case of the World Anti-Doping Code, a document that provides the framework for the harmonization of anti-doping policies, rules, and regulations within sports organizations and among public authorities.
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Wright, Christopher. "Global Banks, the Environment, and Human Rights: The Impact of the Equator Principles on Lending Policies and Practices." Global Environmental Politics 12, no. 1 (February 2012): 56–77. http://dx.doi.org/10.1162/glep_a_00097.
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The Equator Principles are a set of operational principles and standards adopted by more than 70 public and private financial institutions to manage environmental and social risks in project financing. This article assesses the impact of the voluntary framework on lending policies and practices, and the environmental and social accountability of financial institutions. It finds that the direct link between the Equator Principles and the International Finance Corporation (IFC), the World Bank Group's private sector financing division, enhances the legitimacy and potential impact of the framework. However, development of lending policies across financial institutions is greatly uneven, and the framework has not stopped lending to projects with significant environmental and social costs. Although the framework has improved relations between financial institutions and stakeholders, a lack of transparency undermines external accountability. The conclusion considers the scope for increased harmonization of environmental and social lending policies in international banking.
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Coleman, Doriane Lambelet. "The Olympic Movement in International Law." AJIL Unbound 114 (2020): 385–90. http://dx.doi.org/10.1017/aju.2020.75.
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The Olympic Movement has been self-regulated from the beginning, and its private ordering is governed by the domestic law of the nations in which its organizations are domiciled and operate. Nevertheless, it is also an institution of global governance, with important ties to international law. This essay examines the nature of those ties and the push for additional alignment between the norms of the Movement and international legal norms. I first provide a taxonomy of Olympic Movement organizations, centered on the attributes that are helpful to understanding the place of each in the global governance of sport and the value the organizations produce for their diverse stakeholders. I then describe demands from international law for additional alignment with human rights and governance norms and the standard response from sport. In the final section, I argue that regulatory autonomy is necessary for sport to produce the values expected by its stakeholders; domestic law, including as it reflects international law, is generally an adequate check on abuses of that autonomy. International norms are useful not as binding law that would displace the Movement's autonomy, but as pressure for Movement organizations to consider aligning their policies and procedures with the public interests those norms reflect.
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O'Neill, Kate. "The Changing Nature of Global Waste Management for the 21st Century: A Mixed Blessing?" Global Environmental Politics 1, no. 1 (February 1, 2001): 77–98. http://dx.doi.org/10.1162/152638001570642.
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This article examines the impact of global and economic pressures on hazardous waste management practices during the 1980s and 1990s and into the twenty-first century. It charts out four sets of recent changes in these practices. These are: first, a shift in the basic regulatory problem, from one of a more local nature to the internationalization of waste management issues; second, changes in the structure of the waste disposal industry worldwide; third, changes in policies regarding hazardous waste in EU member states; and fourth, changes in waste management policies in emerging economies. The article analyzes these changes in the light of the growing involvement of the private sector in international environmental regulation, and of the complex and sometimes contradictory impacts of international regulations on domestic politics. It argues that neither a “race to the bottom” nor a “race to the top” hypothesis fully holds, but that changing public/private and domestic/international balances are a mixed blessing.
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Dominguez, Isabelle. "Flying Towards Extinction: The Role of the Aviation Industry in Perpetuating International Wildlife Trafficking." Journal of Air Law and Commerce 88, no. 1 (2023): 235. http://dx.doi.org/10.25172/jalc.88.1.9.
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In the past sixty years, the world has developed significant concern for burgeoning environmental issues. Starting in the 1960s, governments, industries, and the public have embraced efforts to set standards for public and private actors in areas of environmental concern. Particularly, increased globalization has led to an increase in the trade of wildlife and its products, including endangered species. Unregulated wildlife trade implicates various issues, such as conservation concerns, the spread of diseases, and even funding for criminal organizations. While sovereign governments work independently and together to combat wildlife trafficking and its effects, current law leaves significant gaps in the implementation and enforcement of international agreements. Instead, advocates and researchers are turning to the transport sector to fill the loopholes that allow traffickers to exploit the current antiwildlife trafficking conventions. Part I of this Comment details the dangers of wildlife trafficking and why industry leaders should care about adopting policies to combat it. Part II discusses the history of international wildlife law and argues that current law is ineffective and requires more comprehensive enforcement at the international level. Foremost, Part III of this Comment argues that the air-travel industry can and should adopt policies, like standards and regulations, that directly affect wildlife trafficking where current law fails.
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Szwedo, Piotr. "Water Footprint and the Law of WTO." Journal of World Trade 47, Issue 6 (December 1, 2013): 1259–84. http://dx.doi.org/10.54648/trad2013042.
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As 'blue gold' is becoming a scarce good, different methods for protecting the human right to water are being devised. One of these is to reduce the ways in which it is misused. In order to achieve this, the concepts of 'virtual water' and a 'water footprint' are being developed. An ecolabel with a water footprint indicator is being applied by the first representatives of agribusiness. However, its potential is much more significant. It could be used as a tool of public policy. In both cases, it could affect international trade and therefore needs to be evaluated under the law of the World Trade Organization. The International Organization for Standardization already works on a water footprint norm, which would provide public entities with a strong argument for their water-saving policies. To date, states have not been provided with any relevant international standard. Nevertheless, they must comply with the norms of international trade. The aim of this article is to provide clarification on the existing and developing legal framework on the matter. It also argues that even if the concept of a water footprint were to remain a private standard, states would still be under a 'best effort' obligation to ensure the transparency of its elaboration and application.
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КОПЧИК, Рената, та Юлія ГОНЧАРОВА. "Правова природа Всесвітнього антидопінгового агентства (ВАДА)". Foreign trade: economics, finance, law 124, № 5 (26 жовтня 2022): 4–12. http://dx.doi.org/10.31617/3.2022(124)01.
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Introduction. The task of the World Anti-Doping Agency, which is the most important organisation for combating doping in sports, is to set standards against doping, including legal standards, and to monitor them. At the same time, this is an organisation that has continually stirred up a great deal of controversy in the doctrine of international law regarding its legal nature since its inception. Problem. There’s an obvious research gap in legal nature and specific features of WADA. This paper would address this gap based on the analysis of the specific construction of WADA, as the latter is internationally recognised as an original and unique piece of international legislation that reflects the intentions of the private and public sectors in sports. The aim of this paper to provide a well-founded conclusion on legal nature of WADA. Methods. Doctrinal legal research to evaluate the genesis of academic thinking on the legal nature of WADA, public and private legal entities, empirical research of international legal framework of WADA, methods of analysis to evaluate specific construction of WADA. Results. World Anti-Doping Agency was established in response to a massive increase in doping cases in the world of sports. It is an independent international private law organisation, whose purpose is primarily to harmonise, monitor and update all legally available methods of combating doping. However, as shown at least by the structure of the Agency itself and its influence on the anti-doping policies of individual States and international organisations and sports federations, which after all represent States, it can be considered as an institution of a hybrid form. Conclusion. Due to the special structure and role of WADA, its regulations are formally situated in the realm of private law. But at the same time they are legitimised through provisions of the rank of international law acts, which provide a legal framework for them. Thus, the norms of a public-legal nature concerning doping, anti-doping and disciplinary responsibility for doping are de facto secondary to norms of a private-legal nature. WADA itself can be considered a global model for setting standards for other entities operating in sports.
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Escobar Díaz, Gloria Lucia, Angélica María Orozco Molina, José Rodrigo Núñez Montes, and Fabian Leonardo Muñoz. "Mortality from Cardiovascular Diseases in Colombia. An analysis of public policies." Salud Uninorte 36, no. 3 (August 2, 2021): 558–70. http://dx.doi.org/10.14482/sun.36.3.616.12.
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Resumen Objective Estimate and georeferenced the prevalence of CVD mortality, explore possible associated factors and analyze whether public policies generated in Colombia have managed to control or reduce CVD mortality. Materials and methods Mortality data were taken between 1993 and 2017, deaths were classified according to the International Classification of Diseases standard (ICD-10). The average percentage of deaths due to CVD was calculated, associated factors were identified. An approach was made around public policies and the State's action to guarantee the right to health. Results The average percentage of deaths by CVD to 2017 was 29.2%. In the age group of 15 to 45 years, there was a higher percentage of deaths in men. Since 2011 the world average was exceeded, from 1993 to 2017 the average percentage of mortality increased by 18.2%. Conclusions In Colombia there are public policies regarding controlling the burden and mortality of noncommunicable diseases, these policies conform to international conventions, although the statistics have shown results contrary to those expected. A rigorous application of the policies adopted by the state and an active participation of the private sector are urgently needed.
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Palmer, Emma. "Regulating Infrastructure: Human Rights and the Sustainable Development Goals in Myanmar." Human Rights Law Review 21, no. 3 (May 10, 2021): 588–619. http://dx.doi.org/10.1093/hrlr/ngab004.
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Abstract Infrastructure projects, including roads, railways, power, telecommunications and water facilities, are considered necessary to promote many different human rights and the Sustainable Development Goals (SDGs). Infrastructure development has been a central feature of the Myanmar government’s policies, including the Myanmar Sustainable Development Plan 2018–2030, to sustain economic growth and achieve the SDGs. As in many countries, public–private partnerships are promoted to help implement these policies. Yet, infrastructure projects have been associated with serious human rights violations, including in Myanmar. This article explores the links between infrastructure, international human rights law and the SDGs. It analyses how this relationship is governed by international, domestic, ‘soft’ law and self-regulatory mechanisms. It then assesses Myanmar’s legal and policy framework for promoting infrastructure investment and implementing the SDGs. It concludes that there is scope to further clarify responsibilities and accountability mechanisms for the human rights impacts of infrastructure investment.
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Grazia, Cristina, and Abdelhakim Hammoudi. "Food safety management by private actors: rationale and impact on supply chain stakeholders." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 2 (January 2013): 111–43. http://dx.doi.org/10.3280/riss2012-002007.
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This paper first presents a state of the art of international and European public policies on food safety in agrifood supply chains. It also reviews initiatives set by private actors in this field. The analysis focuses on the economic effects resulting from the combination of these two approaches compared to their potential effects in terms of the reduction of sanitary risks faced by consumers. Starting from a critical review of the literature and from an analysis based on the new industrial economics tools, the authors show how, under certain conditions, the objective of safety in agrifood supply chains may be only partially achieved because of economic distortions arising from the combined effect of public policies and private standards.
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Novianti, Dwi. "Analyzing and Investigating the Legal Aspects of Green Policy." Enigma in Law 1, no. 2 (January 9, 2024): 32–35. http://dx.doi.org/10.61996/law.v1i2.34.
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The legal dimensions of green policy are crucial in propelling tangible transformation towards sustainable development. Gaining insights from other viewpoints, including those from the public, commercial, administrative, and international sectors, can facilitate the development and execution of policies that are both effective and comprehensive. Green policy is incorporated into the environmental legal system from a public law standpoint, with the aim of ensuring justice and safeguarding the environment against harm. Private law serves as a strong defense for the human rights of residents to reside in a clean and safe environment, achieved through the use of legal agreements and legal actions. From an administrative law perspective, green policy is regarded as a mechanism that governs and oversees government actions, ensuring their alignment with ecologically sustainable ideals. Indonesia must fulfill its commitments in global agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, which also possess legal standing at the international level.
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Roinioti, Elina. "Caught in the war against gambling: A critical analysis of law history and policy making in video games in Greece." Journal of Greek Media & Culture 6, no. 2 (October 1, 2020): 261–78. http://dx.doi.org/10.1386/jgmc_00016_1.
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The advent of the video game industry brought about new cultural policies in both the national and international levels. In particular, incentives and flexible funding programmes for the production of video games have become a key pillar of support for small, domestic, but also global game companies. In Greece, video game policy history has followed the developments and legal entanglements of gambling regulation, with serious national and international consequences. From the Royal Decree of 1971 to Law 3037/2002 that banned all games in public and private places until the most recent Law 4487/2017, which established a cash rebate scheme for audio-visual productions, this article aims to analyse Greece’s video game policy-making as captured through scattered laws, media articles and personal testimonies.
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Silingardi, Stefano. "THE PROTECTION OF PRIVATE INVESTORS’ RIGHTS IN RECENT INTERNATIONAL INVESTMENT AGREEMENTS." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 251–74. http://dx.doi.org/10.1163/22116133-90000115a.
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A new set of international legal rules has been developed in the recent practice of investment law, intended to balance the promotion of foreign investments with the creation of safeguards for public policies. After a brief introduction, which addresses that trend in the light of the expansion of negotiations on mega-regional agreements as the “new” instrument of investment regulation, the second section of this article discusses the question of the convergence of the protection of private investors and the protection of States’ regulatory power in the experience of NAFTA countries and the most recent European investment policy, developed after the entry into force of the Lisbon Treaty. The third section is devoted to an analysis of the substantive provisions of the recently concluded mega-regional agreements concerning three specific elements traditionally linked to investor protection (i.e. the free and equitable treatment standard, “umbrella” clauses, and indirect expropriation) in order to examine how they contribute to setting a new paradigm, or at least a move towards a new paradigm for the protection of investors’ rights. Subsequently, investors’ obligations – still a major topic under discussion in the practice of investment law – will be examined; and finally the new dispute settlement mechanism which has been proposed by the European Union will be assessed, discussing how it could fit with a reform of the procedural aspects of investor protection to guarantee the State’s policy space.
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Vidar, Alvar, Elton Ella, and Ingmar Göte. "International Environmental Law and Marine Pollution in the Pacific Islands: Promoting Sustainable Ocean Governance." Law and Economy 2, no. 11 (November 2023): 6–14. http://dx.doi.org/10.56397/le.2023.11.02.
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This paper discusses the promotion of sustainable ocean governance in the Pacific Islands. It examines strategies and policies for strengthening sustainable ocean governance, the role of regional cooperation and partnerships in addressing marine pollution, and identifies potential areas for improvement and future directions. Integrated coastal zone management, legal and regulatory frameworks, sustainable fisheries management, waste management, and monitoring and surveillance are highlighted as key strategies. Regional cooperation, including information sharing, capacity building, joint research, and policy harmonization, is emphasized. The need for strengthening enforcement mechanisms, promoting public awareness, investing in research and innovation, integrating traditional knowledge, and collaborating with the private sector and NGOs is also recognized. The conclusion emphasizes the importance of implementing these strategies and fostering partnerships to achieve healthier marine ecosystems and improved well-being for coastal communities.
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Nelaeva, G. "Violence Against Women in Russia and Brazil: International and Domestic Responses." BRICS Law Journal 8, no. 4 (December 6, 2021): 76–102. http://dx.doi.org/10.21684/2412-2343-2021-8-4-76-102.
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The problem of domestic violence and violence against women, despite being an age-old phenomenon, came to the fore of public debate relatively late. It entered the agenda of intergovernmental organizations in the 1990s, but became the subject of international litigation only in the 2000s and 2010s. While this belated response of the international community can be associated with the inadequate conceptualization of the problem and insufficient data, it also has to do with the ongoing public/private dichotomy that became especially pronounced in the recent years when various conservative groups increasingly question the necessity of specific laws and policies aimed at eliminating this kind of crime. In this article, I briefly trace the developments concerning women’s rights, and, particularly, domestic violence and violence against women in international law. Then, based on the analysis of international and regional court decisions, I try to see how and whether these decisions contributed to the domestic developments in the field of combatting this phenomenon in Russia and Brazil. It is also important to examine how COVID-19 pandemic impacted the narratives of violence and how the international community should respond to the challenge of protecting the most vulnerable members of the society in the conditions of health emergency.
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Erdem Türkelli, Gamze. "Private actors in development projects: reflections on human rights between power and resistance." International Journal of Law in Context 17, no. 1 (March 2021): 114–21. http://dx.doi.org/10.1017/s1744552321000057.
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The theme of the book symposium ‘The Rule of Law in Transnational Development Projects’ is, as Bhatt's Concessionaires, Financiers and Communities (2020) and Lander's Transnational Law and State Transformation (2020) highlight, ripe for critical reflection. The two books reveal the power wielded by private for-profit actors in the co-constitution of legal norms, often at the expense of local communities in development-investment settings. The co-constitution of legal norms by private actors via ‘contracts’, ‘policies’ and ‘intermediaries’ (Bhatt, Lander and Taekema, Book Symposium Introduction in this issue) development permeates rule of law in the public sphere, including in ways that affect the application of domestic and international legal norms relating to human rights. Of course, rule of law may be defined by ‘thick’ conceptions … as a just system of laws ‘consistent with international human rights norms and standards’ (UN Secretary General, 2004, para. 6) or ‘thin’ conceptions with more formalistic requirements that do not prescribe political or social values. Deontological questions aside, even in its ‘thinnest’ conception, rule of law means that legal norms ‘should be publicly promulgated; be predictable in their application; apply to all citizens, including government officials; and be subject to some form of neutral adjudication in the event of disputes as to their interpretation or application’ (Trebilcock, 2011, p. 209). Yet, rule of law has often been applied ‘to favour entrenched elites over resistance groups, vested interests … over civil disobedience, official actors over unofficial actors and property owners over protestors’ (Simpson, 2012, p. 9).
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Arbolino, Roberta, and Luisa De Simone. "Rethinking public and private policies in Europe with the support of a industrial sustainability index." International Environmental Agreements: Politics, Law and Economics 19, no. 3 (May 8, 2019): 315–39. http://dx.doi.org/10.1007/s10784-019-09438-7.
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Murphy, Ray, and Declan Gannon. "CHANGING THE LANDSCAPE: ISRAEL'S GROSS VIOLATIONS OF INTERNATIONAL LAW IN THE OCCUPIED SYRIAN GOLAN." Yearbook of International Humanitarian Law 11 (December 2008): 139–74. http://dx.doi.org/10.1017/s1389135908001396.
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AbstractSuccessive Israeli governments have adopted a number of policies to control and contain the Syrian population since Israel began its occupation. Numerous villages have been destroyed, thousands driven from their homes, private and public property expropriated, the remaining Arab villages have been prevented from expanding and the free movement of people curtailed. In 1981, Israel enacted legislation that purported to annex the territory. This move was widely condemned by the international community and from the perspective of international law, the Syrian Golan remains an occupied territory to which the laws of occupation apply.The northern hemisphere summer of 2008 marked the 41st anniversary of Israel's occupation. This report outlines the background to the occupation and the consequences for the local population. It then examines the action of the Israeli authorities and argues that certain practices by the Israeli Defence Forces constitute war crimes, which in some cases may also amount to grave breaches of the Fourth Geneva Convention governing the protection of civilians.
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Mitchell, Andrew D., and Theodore Samlidis. "Cloud services and government digital sovereignty in Australia and beyond." International Journal of Law and Information Technology 29, no. 4 (December 1, 2021): 364–94. http://dx.doi.org/10.1093/ijlit/eaac003.
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Abstract The Australian government has expressed concerns about various ‘data challenges’ confronting the public sector. Similar concerns are reverberating throughout the globe. Other governments continue to voice and act upon their own apprehensions about the threats posed to public and private society by attenuations to their nations’ ‘digital sovereignty’. This article critically examines the Australian government’s potential justifications, particularly under international trade law, for introducing digital sovereignty policies explicitly targeted at protecting government cyber systems and government data. We explore the risks and vulnerabilities of hosting government data offshore or with foreign cloud providers onshore. We find that Australia has sufficient latitude under its existing trade commitments, and within its current procurement framework, to introduce legitimate and proportionate digital sovereignty measures for the public sector.
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Sklansky, David A. "Private Policing and Human Rights." Law & Ethics of Human Rights 5, no. 1 (May 1, 2011): 113–36. http://dx.doi.org/10.2202/1938-2545.1054.
Повний текст джерелаАнотація:
Very little of the expanding debate over private policing has employed the language of human rights. This is notable not just because private policing is a distinctly global phenomenon, and human rights have become, as Michael Ignatieff puts it, the lingua franca of global moral thought. It is notable as well because a parallel development that seems in many ways related to the spread of private policingthe escalating importance of private military companieshas been debated as a matter of human rights.This Article asks whether discussions of private policing have been impoverished by their failure to employ the language of human rights. It begins by discussing the dramatic rise, over the past several decades, in the size and significance of private policing. It then summarizes the academic and public policy debates about that development and considers what, if anything, the language of human rights could add to those debates, and whether the addition would be welcome. One strand of the Article compares the debate over private policing with the debate over private military companies. Another strand compares private policing with private prisons, in light of the recent ruling by the Supreme Court of Israel declaring private prisons unconstitutional. The Article concludes that the benefits of introducing the language of human rights into debates about private policing are far from clearwith one exception. Human rights, particularly as codified in international treaties, do seem a promising way to get traction on a particular aspect of police privatization that has received less attention than it deserves: the way in which widespread reliance on private security firms may weaken public commitment to providing everyone with a minimally acceptable degree of protection against private violence.
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De Minico, Giovanna. "New Social Rights and Internet: Which Policies Combine Them?" International Community Law Review 15, no. 3 (2013): 261–86. http://dx.doi.org/10.1163/18719732-12341253.
Повний текст джерелаАнотація:
Abstract This article is divided into two parts. The first deals with the regulating models of the Internet’s freedoms, and considers the automatic implementation of rules concerning off line rights, the absence of any rule whatsoever, or the creation of ones porous to the technical specifications of the means, but observing system guarantees. The second discusses whether and how to regulate the Internet. The author challenges the myth of uncontrolled self-regulation sensitive to the sole interests of “private governments”, in favour of a streamlined public presence, so as to prove decisive on the issues of Internet governance and the hierarchy of law’s sources. The red thread between the two parts unravels in the consideration of the individuation of supra-national values, the Internet’s democratic nature, and the effectiveness of new rights necessary for technological progress benefitting everybody, not only those already enjoying a commanding position in economic competition or democratic activity.
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Salam, Idrus, and Satria Unggul Wicaksana Prakasa. "Corporate Legal Liability for Corruption in the Private Sector." Indonesian Journal of Law and Society 2, no. 2 (September 30, 2021): 235. http://dx.doi.org/10.19184/ijls.v2i2.24146.
Повний текст джерелаАнотація:
Corruption in the private sector has been an emerging issue in Indonesia, regarded to become a serious problem to the rule of law. In this case, the problem is the difficulty in tracking down perpetrators of corruption in the private sector since legal accountability does not pay serious attention. For example, the Rolls Royce case involved many jurisdictions in Indonesia that experienced obstacles due to limited authority and low commitment from the country. This study aimed to examine how private sector corruption is linked to legitimizing bribery by foreigners by answering the following questions: what is the legal liability of corporations as perpetrators of corruption in the private sector? What are the legal mechanisms in Indonesia for understanding private sector corruption? In this study, the socio-legal method was used to analyze corruption as a national and international crime to respond to the raised legal issues. The socio-legal method is a legal research method that can do more than regulate the law. The results indicated that the pattern of corruption in the private sector for officials could result in corrupt policies. Furthermore, for the private sector, it can lead to unfair business competition. Therefore, it must be handled immediately so corruption cases in the private sector cannot continue to occur, causing harm to the public and indirectly affecting the country.
KEYWORDS: Corruption, Criminal Liability, Private Sector.
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Vingilis, Evelyn, Richard Lote, and Jane Seeley. "Are trade agreements and economic co-operatives compatible with alcohol control policies and injury prevention?" Contemporary Drug Problems 25, no. 3 (September 1998): 579–620. http://dx.doi.org/10.1177/009145099802500308.
Повний текст джерелаАнотація:
In the past 20 years, dramatic changes have occurred in the movement toward global economies and free/liberalized markets. Various trade agreements have been increasing international trade, challenging “unfair” trade practices and pushing to “harmonize” and coordinate regulations, taxation, policies and other public and private enterprises. Could these trade agreements affect alcohol and injury control policies? Furthermore, could trade agreements ultimately affect injury trends? Unfortunately research studies and data on this topic are scarce. This paper presents information on the principles underlying international trade agreements and indicates how these principles could potentially affect the sales, regulations and taxation of alcohol and impact on injuries. The call is for researchers to conduct the research needed to address these questions and potential impacts.
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Llarena, Zharama. "Organized Corporate Crimes using Model Law Development for Health Regulation and Policy." Journal of Communication & Public Relations 2, no. 1 (December 30, 2022): 33–46. http://dx.doi.org/10.37535/105002120234.
Повний текст джерелаАнотація:
Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system, although corporate fraud is apparent in off-label medicines. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to separate tax evasion from tax avoidance as crime sourcing treatment of policies and engineer tax planning to divide intellectual property of product design with corporate fraud concerning off-label medicines. Therefore, organized crimes in pharmaceutical industries are needed to be clearly managed by institutional healthcare companies for promoting economic success.
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Santos Curto, Helena, and Álvaro Dias. "Administrative reforms and performance of local public policies." International Journal of Public Sector Management 27, no. 6 (August 5, 2014): 462–74. http://dx.doi.org/10.1108/ijpsm-07-2012-0091.
Повний текст джерелаАнотація:
Purpose – The purpose of this paper is to clarify the relationship between administrative reform in Portugal and the impacts on the dependence of local governments in the face of budgetary resources of state and local municipal revenue collection, which is understood as a form, among others, participation civil society in local public policies. Design/methodology/approach – The study opts for an exploratory analysis using the grounded theory approach, including the use of data relating to local government structures and partnerships with the private sector, based on the main lines of the public administration reform. The data were supplemented by documentary analysis, including legislative documents and papers in specialized area of administrative decentralization and civil society participation in local public policies. Findings – The paper provides empirical insights about how the increased participation of civil society in local public policies is associated with less reliance on state budgets and a greater number of local managerial structures. Research limitations/implications – Due to the chosen research approach, the results cannot be generalized. A comparative study between several countries could bring several interesting insights. Social implications – The paper includes implications for economic and social development of new public policies in the context of administrative reforms. Originality/value – This paper makes several theoretical and empirical contributions on this research field specially about local public manager's decisions for financial resources transfers within the active policy of sustainable local development.
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Arfani, Junita Widiati. "International Education beyond State Regulations in Indonesia: Practices from Y Province-Based Public and Private High Schools." Policy & Governance Review 3, no. 3 (September 9, 2019): 258. http://dx.doi.org/10.30589/pgr.v3i3.151.
Повний текст джерелаАнотація:
The objective of this study is to examine implementation of the international education (IE) policy (under the so-called Undang-Undang Sistem Pendidikan Nasional (the Law of National Education System) and its legal derivatives) at high school level in Indonesia by investigating the policy text and its dynamic practices concerning the IE policies at both public and private schools. The study employs qualitative case study methodology combining data collection methods which include individual interviews to key resource persons and documents analysis at national, local and at school levels. Using the Vidovich policy framework, the study explores how national executive, legislative and judicial (states) bodies interact in formulating IE policy and how the policy has impacted at school level. Two schools of public and private that implemented international curriculum were selected as case studies. The study finds that the IE policy that was initially formulated at national level by relevant state authorities/agencies has however resulted in weakening role of the state due in part to its centralized feature (despite its decentralized implementation claim). Consequently, in the stage of its implementation at school level, providers of IE and their champions as non-state actors play significant roles. The study indicates importance and significance of relevant state authorities at local government level in the framework to offer effective supervision on the IE policy implementation.
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Fuest, Veronika, and Stefan A. Haffner. "PPP – policies, practices and problems in Ghana's urban water supply." Water Policy 9, no. 2 (April 1, 2007): 169–92. http://dx.doi.org/10.2166/wp.2007.060.
Повний текст джерелаАнотація:
Since the beginning of the 1990s, comprehensive reforms of the Ghanaian water sector were initiated by the Bretton Woods Institutions. The Government of Ghana was obliged to restructure the sector by establishing regulatory bodies, opening the sector to private sector participation and separating responsibilities for urban water supply from rural water supply. The parastatal Ghana Water Company Limited (GWCL) was created to be solely in charge of urban water supply. In spite of external assistance, GWCL continued to suffer from massive financial, managerial and technical problems. The gap between supply and demand increased while demand for potable water in the cities was on the rise and the supply systems were degenerating. In order to introduce greater efficiency, two options for public–private partnerships (PPP) were developed and contested, over a period of 10 years. At first private companies were invited to take over the GWCL by a lease contract. Numerous factors, among them a massive anti-privatisation campaign and global economic trends unfavourable to private investment, particularly in the water sector, caused a comprehensive revision of the policy and the modification of the PPP programme from lease to short-term management contract with an ensuing affermage concession in 2004. This process was to be supported by external donor agencies substantially upgrading the water supply infrastructure. However, it seemed doubtful if the recent policy would lead to a sustainable system of urban water supply and substantial improvements in the supply situation of the poor. Patronage relations were not sufficiently addressed and alternative PPP options based on local potential had not been considered. The case of Ghana raises issues of imposed PPP policies that are not based on adequate information about local, national and international framework conditions.
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Keita, Kain, Asmah Laili Binti Yeon, Aida Binti Abdul Razak, and Nor Anita Abdullah. "Sovereignity Issues and Legal Framework Challenges for Foreign Direct Investment in Developing Countries." International Journal of Law and Society (IJLS) 2, no. 2 (May 16, 2023): 142–54. http://dx.doi.org/10.59683/ijls.v2i2.41.
Повний текст джерелаАнотація:
A host state has faced sovereignty issues and challenges in adopting and applying a legal framework for Foreign Direct Investment (FDI) governed by International Investment Law (IIL). IIL provides certain protection to FDI in a host country. The protections have been considered standard in the liberation of the FDI, which could positively impact the FDI attraction into countries. However, the host state's ability to regulate the public interests for a common concern of the peoples, such as social, economic, environmental, and human rights achievement, is indeterminate in IIL, and it became mostly a challenge for the host states. These needs are increasingly being requested by the population from governments. This study looks at how the state’s sovereignty power can be met in the adoption and application of laws and policies for the public's interest and assessment methods which are mostly used by the court in foreign investment disputes. An empirical analysis of the legal issue based on available literature is made. The findings of this study show that the necessity to understand the fears for sovereignty underpins the debate on its legitimacy in investment arbitration. The established sovereignty of state laws is shown in FDI and the desired areas of public interest regularisation. The international arbitral tribunals may reveal the right to balance between private and public interests in applying the national laws, which significantly show unclear and or open-textured international investment agreements (IIAs) provisions. The public interests are mostly applied to national laws over international law.
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Halaskova, Martina, Beata Gavurova, and Kristina Kocisova. "Research and Development Efficiency in Public and Private Sectors: An Empirical Analysis of EU Countries by Using DEA Methodology." Sustainability 12, no. 17 (August 29, 2020): 7050. http://dx.doi.org/10.3390/su12177050.
Повний текст джерелаАнотація:
Both the fourth industrial revolution (Industry 4.0) and its embedded technology diffusion exponentially progress and grow in terms of technical change and socioeconomic impact. The aim of this study was the evaluation of research and development efficiency in the public and private sectors in EU countries. The Data Envelopment Analysis (DEA) methodology, within which the slack-based model was applied, was used to achieve this aim. The Malmquist index (MI) was used to calculate changes in research and development efficiency during 2010/2013 and 2014/2017. The results present a decrease in total Research and Development (R&D) productivity in public and private sectors for an average of EU countries (28). However, Spain, Slovenia, and Portugal (in the public sector), and Ireland and Romania (in the private sector) revealed an increase of a total R&D productivity during 2010/2013 and 2014/2017 that was primarily influenced by an increase of technical efficiency (catch-up effect). Similarly, the results confirm the differences in R&D efficiency in private and public sectors in the European countries. The study’s results also provide a valuable platform for creators of national strategic and innovative investment and educational plans, and creators of relevant policies and create a platform for national and international benchmarking indicators.
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Porter, Kate, and Allison Hopkins. "Challenges to Sports-Related Arbitral Awards." BCDR International Arbitration Review 9, Issue 1 (June 1, 2022): 175–94. http://dx.doi.org/10.54648/bcdr2022024.
Повний текст джерелаАнотація:
Many jurisdictions around the world have adopted public policies in favor of arbitration, which limit the scope for courts to interfere in arbitral awards. Sports-related arbitral awards, like commercial arbitral awards, may typically only be challenged on a limited number of grounds, the specific grounds depending on the laws of the seat of the arbitration, the courts of which have exclusive authority to vacate or set aside these awards.This article will consider the importance of Swiss law in bringing challenges in sports-related arbitrations, including the grounds for vacatur, correction and revision of awards under the Swiss Private International Law Act; the grounds for opposing the recognition and enforcement of sports-related arbitral awards under the New York Convention, and challenges to sports-related arbitral awards outside of Switzerland, with a particular focus on the United States.
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Cartenì, Armando, Ilaria Henke, Clorinda Molitierno, and Luigi Di Francesco. "Strong Sustainability in Public Transport Policies: An e-Mobility Bus Fleet Application in Sorrento Peninsula (Italy)." Sustainability 12, no. 17 (August 28, 2020): 7033. http://dx.doi.org/10.3390/su12177033.
Повний текст джерелаАнотація:
Sustainability can be defined as the capacity to satisfy current needs without compromising future generations. Sustainable development clashes with the transport sector because of the latter’s high fossil fuels usage, consumption of natural resources and emission of pollutant and greenhouse gases. Electric mobility seems to be one of the best options to achieve both the sustainability goals and the mobility needs. This paper critically analysed weaknesses, strengths and application fields of electric mobility, proposing a real case application of an e-mobility bus fleet in Sorrento peninsula (Italy). The aim and the originality of this research was to propose a public transport design methodology based on a “strong sustainability” policy and applied to a real case study. To be precise, the renewing of the “old” bus fleet with a diesel plug-in hybrid one charged by a photovoltaic system was proposed, aiming to both improve environmental sustainability and perform an investment return for a private operator in managing the transport service. The proposed case study is particularly suitable because the peculiar morphology of the Sorrento peninsula in Italy does not allow other types of public transport services (e.g., rail, metro). Furthermore, this area, rich in UNESCO sites, has always been an international tourist destination because of the environment and landscape. Estimation results show that the new e-mobility bus service will be able to reduce the greenhouse gases emissions up to the 23%, with a financial payback period of 10 years for a private investor.
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Kogan, Lawrence A. "Coherent International Trade Policies Hasten, Not Retard, Cloud Computing." Global Trade and Customs Journal 7, Issue 9 (September 1, 2012): 379–93. http://dx.doi.org/10.54648/gtcj2012049.
Повний текст джерелаАнотація:
Amid the apparent global economic slowdown affecting multiple goods and services sectors, including those comprising the broad rubric of ICTs, the availability of ubiquitous multiple broadband and Internet-based cloud offerings continue to present national and regional governments with a significant potential source of current and future local economic growth and job creation possibilities. While governments cognizant of this opportunity have endeavoured to exploit it, they have, however, largely remained cautious in addressing emerging public policy concerns surrounding third country digital transfers of individual and business data to the cloud. A number of governments have embraced different and often inconsistent regulatory and voluntary approaches in answer to these data/informational privacy and data security concerns. These responses have imposed significant direct and indirect restrictions on trans-border data flows that have had the undesirable effect of retarding the adoption of cloud computing service platforms in various markets. More established globally-focused cloud service providers have been most adversely impacted by these new measures, even after having previously reformed their IP-based business models to satisfy foreign governments' expressed preference for less expensive royalty-free ICT interoperability frameworks. Consequently, these and other companies, increasingly suspicious of disguised protectionism at play, have called upon governments to quickly reach consensus in one or more multilateral, regional and/or bilateral forums on an open, transparent and non-trade-restrictive framework capable of providing a positive enabling environment that facilitates the eventual expansion of international cloud computing.
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Unceta, Alfonso, Xabier Barandiaran, and Natalia Restrepo. "The Role of Public Innovation Labs in Collaborative Governance—The Case of the Gipuzkoa Lab in the Basque Country, Spain." Sustainability 11, no. 21 (November 2, 2019): 6103. http://dx.doi.org/10.3390/su11216103.
Повний текст джерелаАнотація:
Public sector innovation labs have gained increasing importance as one of the material expressions of public sector innovation and collaborative governance to address complex societal problems. In the current international context, there are various experiences, interpretations, and applications of this concept with similarities and differences but all of them are based fundamentally on the establishment of new forms of participation and collaboration between governments and civil society. This paper aims to examine, through a case study, how policy innovation labs could play a prominent role in promoting decision-making at the local level in order to create a more sustainable public sector. To do this, this article focuses on an analysis of the “Gipuzkoa Lab”, a public innovation lab developed in the Gipuzkoa region located in the Basque Country, Spain, in order to confront future socio-economic challenges via an open participatory approach. An analysis of a pilot project to address worker participation, developed within this participatory process, indicates that these collaborative spaces have important implications for the formulation of public policies and can change public actions, yielding benefits and engaging citizens, workers, private companies and academics. This paper provides a contemporary approach to understanding good practice in collaborative governance and a novel process for facilitating the balance between the state and civil society, and between public functions and the private sphere, for decision-making. In particular, this case study may be of interest to international practitioners and researchers to introduce the increasingly popular concept of public sector innovation labs into debates of citizen participation and decision-making.
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Khan, Azfer A. "Reconceptualizing Policing for Cybercrime: Perspectives from Singapore." Laws 13, no. 4 (July 10, 2024): 44. http://dx.doi.org/10.3390/laws13040044.
Повний текст джерелаАнотація:
As cybercrime proliferates globally, law enforcement agencies face significant challenges in responding effectively. This essay shares perspectives from Singapore, where cybercrime accounted for about 70% of the total annual crime in 2023, with no clear data on case resolution rates. This situation reflects a broader global trend and highlights the need to reconceptualize policing objectives in cyberspace. The fundamental differences between cybercrime and physical crime necessitate a shift from emphasizing the identification and prosecution of perpetrators to adopting a harm-centric perspective. Under this perspective, structures and policies should be implemented to disrupt financial flows, ensure data security, disrupt the spread of harmful content, and prevent physical damage. Once this is done, strategies such as public–private partnerships, international cooperation, and training and building capabilities to address specific harms can be more effectively implemented to mitigate the growing threat that cybercrime poses worldwide.
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Pasch, Korey. "Developing Disaster: Power, Structural Violence, Insurance-Linked Securities, and the International Political Economy of the Disaster Politics Nexus." Journal of Natural Resources Policy Research 8, no. 1-2 (November 2018): 131–53. http://dx.doi.org/10.5325/naturesopolirese.8.1-2.0131.
Повний текст джерелаАнотація:
Abstract This article presents an alternative framing of disasters as a form of structural violence resulting from the unequal distribution of structural power between various groups, organizations, institutions, and states in the contemporary global political economy. The article utilizes a theoretical framework that combines Johan Galtung’s typology of violence and Susan Strange’s conceptualization of structural power to open up new space for analysis in the disaster politics nexus. The article applies its framework to explore how an understanding of disasters as a form of violence problematizes trends within mainstream disaster risk reduction (DRR) policies. Specifically, the article examines the integration of financial risk-sharing mechanisms into the disaster politics nexus through new public–private partnerships between insurance and reinsurance firms, international financial institutions, and governments to transfer catastrophic risk to global capital markets. The article seeks to repoliticize these changes and bring questions of power back into the larger conversation surrounding DRR policies.
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Lee, M. "Across the Public-Private Divide? Private Policing, Grey Intelligence and Civil Actions in Local Drugs Control." European Journal of Crime, Criminal Law and Criminal Justice 3, no. 4 (1995): 381–94. http://dx.doi.org/10.1163/157181795x00231.
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Yeraliyeva, Aruzhan, Galiya Dauliyeva, Gulmira Andabayeva, and Biken Nurmanova. "Effectiveness of public administration of the digital economy in Kazakhstan." Problems and Perspectives in Management 21, no. 3 (July 20, 2023): 125–37. http://dx.doi.org/10.21511/ppm.21(3).2023.10.
Повний текст джерелаАнотація:
The digitalization of the economy has become one of the modern concepts in many countries and added urgency for governments to embark on a new path for effective digital and data governance. This study aims to examine the effectiveness of public administration of the digital economy in Kazakhstan, focusing on the policies, regulations, and strategies implemented by the government to support the development of this sector. The paper also explores the challenges faced by the government and the private sector in implementing these policies and regulations, including issues related to infrastructure, human capital, and the regulatory environment. It uses interdisciplinary, analytical, and systemic approaches, as well as desk research, analysis of materials of international organizations, and analysis of legal documents of the Republic of Kazakhstan and data from expert surveys. Thus, the results indicate the main scientific categories of the digital economy. Modern trends in the development of the digital economy in the world and the Republic of Kazakhstan have been identified. The results also show key performance indicators of public administration, assess the effectiveness of public administration of the digital economy in Kazakhstan, and offer directions for improving the efficiency of public administration of the digital economy. The study concludes by offering recommendations for policymakers to enhance the effectiveness of public administration of the digital economy in Kazakhstan.
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Llarena, Zharama. "UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires using Political Expediency of Tax Planning." International Journal of Engineering, Business and Management 6, no. 6 (2022): 25–29. http://dx.doi.org/10.22161/ijebm.6.6.4.
Повний текст джерелаАнотація:
Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.
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Scaramuzzi, Silvia, Sara Gabellini, Giovanni Belletti, and Andrea Marescotti. "Agrobiodiversity-Oriented Food Systems between Public Policies and Private Action: A Socio-Ecological Model for Sustainable Territorial Development." Sustainability 13, no. 21 (November 4, 2021): 12192. http://dx.doi.org/10.3390/su132112192.
Повний текст джерелаАнотація:
The international and European literature and institutional contexts are fostering agrobiodiversity as the foundation of a new paradigm for localized agri-food system development and sustainability. Accordingly, new systemic and holistic theoretical approaches and conceptual models are needed. This paper aims to identify and apply a new conceptual framework contributing to the understanding of how the restoring and valorization of underutilized or neglected landraces can act as a trigger for sustainable territorial development. A new holistic model was designed for the characterization and analysis of agrobiodiversity-oriented food systems. We consider the model innovative in enhancing the conceptualization of the adoption of a socio-ecological systems approach. We applied the model to a representative case study involving the localized agri-food system of the Valtiberina Red Onion, a threatened plant landrace cultivated in Tuscany, Italy. A participatory action–research approach was followed, involving both public and private stakeholders. As the main outcome of the paper, we demonstrated the capability of our new SES model by identifying and describing the assets, drivers, human action processes and generated beneficial effects concerning the development and reproduction of landrace-based quality valorization virtuous circles. Our research findings highlighted the model as an innovative tool for the analysis of agrobiodiversity-oriented food systems sustainability. Significantly, the model was designed to identify the combined role of public policy and private action in supporting the implementation of coherent management mechanisms and effective governance settings.
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Muronenko, Ihor. "The Legal Regulation of Neighbourly Water use in Ukraine: Development Prospects." Journal of Vasyl Stefanyk Precarpathian National University 5, no. 2 (August 23, 2018): 130–36. http://dx.doi.org/10.15330/jpnu.5.2.130-136.
Повний текст джерелаАнотація:
The article is devoted to some questions of the legal adjusting of neighbourliness relations. Neighbourly water use should be defined as the use of water resources aimed at meeting the needs of owners or tenants of neighbouring land parcels. The regulation of neighbourly water use has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents, including “The Statutes of the Grand Duchy of Lithuania”. Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue.
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Anaemene, Benjamin, and John Iwuh. "The World Health Organization Legal Regimes and the Shaping of Nigeria’s Health Law and Policy." Revista de Direito Sanitário 23 (August 23, 2023): e0004. http://dx.doi.org/10.11606/issn.2316-9044.rdisan.2023.180926.
Повний текст джерелаАнотація:
Global health governance concerns the collective responses needed within the public health community to effectively tackle the shared challenges arising in an increasingly connected world. It is a truism that promoting a robust health infrastructure is critical to the attainment of good health and wellbeing. Yet the legal infrastructure – the laws and policies that empower and obligate as well as limit government and private action concerning health, has been neglected in the mainstream literature. This is because health infrastructure has focused more on physical structures of public health agencies such as clinics, hospitals and the human resources that operate them. The purpose of the study was to explore the extent to which the World Health Organization legal regimes such as the Framework Convention on Tobacco Control (2003) and the Revised International Health Regulations, have impacted on health law and policy in Nigeria. It posits that the various conventions and regulations adopted, which were subsequently ratified and declared applicable to Nigeria, had been domesticated. However, the lack of respect for the rule of law has stymied the maximisation of the expected benefits from such legal regimes. It concludes that the World Health Organization should develop a programme for public health law capacity-building and policy surveillance to ensure continuous and organised efforts to assist member states including Nigeria to strengthen their legal infrastructure.
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Volinz, Lior. "Governance through pluralization: Jerusalem’s modular security provision." Security Dialogue 49, no. 6 (September 19, 2018): 438–56. http://dx.doi.org/10.1177/0967010618789758.
Повний текст джерелаАнотація:
Security responses increasingly involve the delegation of security roles from state actors, such as the police and the military, to a plurality of public and private institutions. This article focuses on the emergence of a modular governance logic in security provision, in which urban security is diffused into differing modules – security actors, performances, technologies and practices – which can be enlisted, deployed, instructed, entwined, detached and withdrawn at will. This article identifies three features of urban modular security provision: the heterogeneity of its public and private components, the development of reserved capacities, and the differential multifacetedness of its performances and practices. These are explored through the case study of East Jerusalem, in which a modular security provision emerged where previously undefined and ad-hoc security arrangements became cohesive, normalized and codified through practice and law. In tracing the flows of security authorities, personnel and knowledge produced within a modular security assemblage, this article proposes that the modular assembly of security actors complements policing institutions by providing other informal disciplinary, punitive and statecrafting powers, in a manner which obfuscates controversial state policies and unequally distributes rights and resources.
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Buttoud, Gérard. "La politique forestière française, du rapport Bianco à la loi de juillet 2001 | Forestry politics in France: from the Bianco report to the law of July 2001." Schweizerische Zeitschrift fur Forstwesen 153, no. 8 (August 1, 2002): 314–20. http://dx.doi.org/10.3188/szf.2002.0314.
Повний текст джерелаАнотація:
As in a number of other European countries, forestry policies in France have recently been adapted to meet new guidelines put into place by international debate on the durable management of forests, a debate which not only changed public perceptions but also the principles and mode of public decision-making. From the production of the Bianco Report up to the final vote on the adoption of the law on 9th July 2001, this reform took about 5 years. The mode of financing the forestry sector changed completely after the demise of the national forestry fund. The monitoring and evaluation of durable forest management has passed to the state under the outlines of PEFC (Pan European Forest Certification). At the same time,other structural reorganisations are underway in both public and private forests. Despite a high measure of semantic grooming, the new legislative and institutional framework in France reaffirms – to the detriment of a global solution to the demands of recreation and environmental – the fundamental importance of national wood production industries.
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Filipenko, A. S. "Experience in organizing the activities of law enforcement agencies in European countries." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 208–13. http://dx.doi.org/10.24144/2788-6018.2021.04.36.
Повний текст джерелаАнотація:
The article considers foreign experience in organizing the activities of law enforcement agencies. It is determined that the field of law enforcement is constantly in a state of dynamic transformation and improvement, which to some extent reflects the direction of national legislation and policies.
It is also noted that according to modern requirements, maintaining the rule of law is one of the most important tasks of the state, so in organizing the work of law enforcement agencies, the implementation of international experience is one of the most important tasks of the rule of law. One of the current trends in the development of the legal system is its openness, which determines the possibility of using advanced foreign concepts to implement universally recognized international principles, norms and standards of human and civil rights and freedoms.It is emphasized that the following facts should be taken into account: historical traditions of legislation and law enforcement, features of socio-economic and cultural development of countries, general cultural and legal consciousness of the population, degree of interaction with government and civil society, features of national police, logistics. providing police and other important factors. International law enforcement standards have an important role to play in policing.It was found that abroad, as in Ukraine, law enforcement reform is part of administrative reform, and the direction of its implementation often depends on the overall objectives of public administration reform. The purpose of most reforms in foreign countries is to: increase the efficiency of national systems; transforming the country into a responsible employer capable of attracting a sufficient number of workers with the necessary qualifications, controlling the cost of their maintenance; increasing the confidence of the private sector and citizens in public institutions.Three models of internal security in European countries are considered: centralized or continental model (Norway, Denmark, Finland, Ireland, Sweden, Spain, Portugal, Italy, France, Belgium, Holland, Luxembourg), decentralized model (Czech Republic, Bulgaria, Romania, Combino) (integrated) model (UK, Germany, Netherlands).