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This timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine. The expert contributors are concerned with the totality of arrangements through which power and resources are deployed to protect and restore natural resources, and how the costs and benefits of this are allocated. They explore key issues such as: how the community exercises its democratic rights; how government responds to the needs of current and future generations and balances the interests of the powerful with the powerless; the freedoms and responsibilities of commerce and the holders of property; and the ways in which laws and policies are informed by science and other perspectives. The various ways in which legal scholarship is pivotal to good governance are thus highlighted, as is the extent of innovation being generated by current ecological, economic and social challenges. Clearly demonstrating the increasing breadth and depth of environmental law scholarship, this thought-provoking book will prove an invaluable reference tool for academics, students and researchers focusing on environmental law and development.
This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law.
Measuring Justice explores the ways in which South African court and managerial prosecutors deal with the quantification of social phenomena - such as justice, professional work or accountability - and address the radical simplifications of their inherent complexities, misrepresentations and editing as a consequence. While various studies show the concern of professionals about the damaging effects these quantitative forms of accountability have on the creativity, freedom and collaborative nature of expert systems, Mugler shows that the reactions and attitudes of these legal professionals differ substantially. Through careful scrutiny of the everyday work of prosecutors and how they reflect on the relationship between accountability, quantification and law, this book argues that actors who work daily with quantitative accountability measures develop a numerical reflexivity about the process.
Environmental Taxation in China and Asia-Pacific contains an integrated set of detailed chapters providing insights and analysis on how fiscal policy can be used to achieve environmental sustainability. Highly topical chapters include energy tax policy in China, environmental fiscal reform, carbon tax policy in northeast Asia and environmental taxation strategies in China, Asia and Australia, as well as many other relevant topics. Written by distinguished environmental taxation scholars from around the world, the emphasis of this book is on finding solutions to environmental problems which merit serious consideration by policy makers as well as academics in environmental law and other academic disciplines.
This unique and up-to-date book analyses the functioning of the European Emissions Trading Scheme (ETS) and assesses the extent to which relevant legislation has affected its capacity to promote cost-effective reduction of European carbon emissions. The author investigates whether inefficiency has been caused by both the ETS cap setting procedure and by the ETS relevant allocation rule, as defined by Directive 2003/87/EC. He then considers whether the new Directive 2009/29/EC, which reforms the ETS institutional design, is likely to improve the scheme's effectiveness by reducing the risk of carbon leakage - which could potentially be a consequence of implementing a unilateral policy across the asymmetric political landscape of Europe. This well-documented book will appeal to researchers and postgraduate students in environmental law and environmental economics, as well as policymakers within environment, industry and economics, and electric and industrial operators and stakeholders. Environmental NGOs, energy and environmental consulting groups, members of the European Commission, and energy and environmental think-tanks will also find much to interest them in this insightful book.
Many businesses profess to be voluntarily taking steps to protect the environment, and going beyond compliance with environmental regulations to do so. Kurt Strasser evaluates these claims in this timely and cutting-edge inquiry. The author begins by analyzing whether firms with business environmentalism programs have better environmental performance records than others. He finds that the record is mixed and complex. Yet these kinds of programs are important, he argues, even if to date they have been only partially successful. He goes on to explore what policies should be adopted to promote and channel business environmentalism. The book concludes with a case study of the business community's efforts to mitigate climate change. A nuanced look at an issue of growing concern, this volume will be of great value to anyone concerned with corporate social responsibility, whether it be from a law, business, NGO or government perspective.
This book explores the law relating to the right to liberty of people with mental illness and international human rights standards. It is also a manifesto for change, urging reconsideration of the protection and promotion of the human rights of people with mental illness. Covers all UK jurisdictions plus Ireland.
This Open Access book presents feedback from the `Territorial Agroecological Transition in Action'- TATA-BOX research project, which was devoted to these specific issues. The multidisciplinary and multi-organisation research team steered a four-year action-research process in two territories of France. It also presents: i) the key dimensions to be considered when dealing with agroecological transition: diversity of agriculture models, management of uncertainties, polycentric governance, autonomies, and role of actors' networks; ii) an operational and original participatory process and associated boundary tools to support local stakeholders in shifting from a shared diagnosis to a shared action plan for transition, and in so doing developing mutual understanding and involvement; iii) an analysis of the main effects of the methodology on research organisation and on stakeholders' development and application; iv) critical analysis and foresights on the main outcomes of TATA-BOX, provided by external researchers.
This well-researched book covers a wide spectrum of important issues that are central to investment in natural resources and ultimately, economic development of Africa. Francis Botchway and the expert contributors analyse the relationships between good governance and resource management, as well as the existing commercial and financial agreements. The environmental implication of resource exploitation and the international dimensions of the industry are also explored in this insightful study. Each comprehensive and concise contribution highlights the importance of transparency and equity in investment and management of natural resources. Natural Resource Investment and Africa's Development is essential material for scholars and students of development, environmental law, international economic law and dispute resolution, as well as any international investor in natural resources.
This well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security. Claudio Chiarolla analyses developmental implications of global regulatory reforms that impact on access to agricultural knowledge, science and technology for sustainable development. Current global arrangements fall short of halving the proportion of people who suffer from hunger in accordance with the Millennium Development Goals' framework. Therefore, the book proposes ways to achieve international equity in the way agricultural research is conducted, how its results are disseminated and the benefits shared. This definitive study will be appreciated by anyone interested in intellectual property, agricultural innovation, environmental policy, biotechnology and associated regulatory challenges. It will be a valuable resource for policymakers and practitioners, legislators, academic professionals, civil society activists and scholars in legal, environment and development studies.
This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate change litigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs is discussed, but also the need for prevention in order to obtain a reduction of greenhouse gases. This well-documented work will be invaluable to law and environmental science students, researchers, lawyers and civil servants.
This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
Safe, legal, and affordable abortion is widely recognized as an essential medical service for women across the world. When access to that service is denied or restricted, women are compelled to carry unwanted pregnancies to term, seek backstreet abortionists, attempt self-induced abortions, or even travel to less restrictive states, provinces, and countries to receive care. Abortion across Borders focuses on travel across domestic and international boundaries to terminate a pregnancy. Christabelle Sethna and Gayle Davis have gathered a cadre of authors to examine how restrictive policies force women to move both within and across national borders in order to reach abortion providers, often at great expense, over long distances and with significant safety risks. Taking historical and contemporary perspectives, contributors examine the situation in regions that include Texas, Prince Edward Island, Ireland, Australia, the United Kingdom, and Eastern Europe. Throughout, they take a feminist intersectional approach to transnational travel and access to abortion services that is sensitive to inequalities of gender, race, and class in reproductive health care. This multidisciplinary volume raises challenging logistical, legal, and ethical questions while exploring the gendered aspects of medical tourism. A noticeable rollback of reproductive rights and renewed attention to border security in many parts of the world will make Abortion across Borders of timely interest to scholars of gender and women's studies, health, medicine, law, mobility studies, and reproductive justice. Contributors: Barbara Baird, Niklas Barke, Anna Bogic, Hayley Brown, Lori A. Brown, Cathrine Chambers, Ewelina Ciaputa, Gayle Davis, Mary Gilmartin, Agata Ignaciuk, Sinead Kennedy, Lena Lennerhed, Jo-Ann MacDonald, Colleen MacQuarrie, Jane O'Neill, Clare Parker, Christabelle Sethna, Sally Sheldon
It was once common for pharmaceutical companies and medical device makers to treat doctors to lavish vacations or give them new cars; companies would do virtually anything to buy influence so that their medications or devices would be used in a doctor's office or hospital. But with growing public scrutiny of kickbacks to doctors, the huge giveaways have disappeared. In Infiltrating Healthcare, Quinn Grundy shows that sales representatives are working instead behind the scenes. It is to nurses that these companies now market. Nurses, Grundy argues, are the perfect target for sales reps: their work is largely invisible and frequently undervalued, yet they wield a great deal of influence over treatment and purchasing decisions. Furthermore, there are no legal restrictions on marketing to most nurses. Grundy describes how, under the guise of education or product support, and through gifts and free samples, sales representatives influence nurses in the course of day-to-day clinical practice. Grundy argues that the very presence of sales reps in operating rooms, purchasing committee meetings, and patient care units blurs the boundaries between patient care and medical sales. Helpfully, she also describes ways that nurses can be aware of (and resistant to) their influence. Infiltrating Healthcare is a call to action to protect the clinical spaces where we are at our most vulnerable-and the decisions that take place there-from the pursuit of profit at any cost. This is a timely book that shines a light on a practice that often goes unseen, and which has tangible implications for healthcare policy and practice.
This timely book examines the role of environmental principles in changing international environmental law and politics, and argues for the importance of integrating environmental principles in the global governance of the environment. Afshin Akhtarkhavari includes both theoretical and jurisprudential analyses of the concept of environmental principles, as well as detailed case studies to examine their function and role in courts, and the differing approaches taken to soft law and regulation in international politics. Global Governance of the Environment concludes with succinct and insightful considerations of the role of environmental principles in changing international law and politics This topical book will appeal to researchers, academics and students of international environmental law and politics, international relations, as well as domestic environmental law.
India's 2005 adoption of a TRIPS-consistent patent regime will reveal whether Indian generic pharmaceuticals companies will continue to supply essential drugs for developing nations such as Thailand, who are reliant on India for the supply of cheap medicines. Patent Rights in Pharmaceuticals in Developing Countries investigates the public policy and public health implications of pharmaceutical patenting in countries such as India and Thailand. The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policymaking in this area. Broadly accessible, the work will appeal to advanced undergraduate and postgraduate students, as well as researchers and academics in fields such as intellectual property law, public health, industrial economics, development studies and political science. National policymakers and government officials, as well as professionals based in international organizations and pharmaceutical industries, will also find this exciting work of great interest.
In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics, regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.
This highly topical book analyses the conflicts between different regulatory regimes governing online gambling in the international context and how these affect the cross-border provision of online gambling. States fundamentally disagree on how to regulate gambling, for moral, religious and social reasons, and therefore regulatory regimes differ, ranging from the prohibitionist to the permissive. The authors examine the latest legislation and cases concerning online gambling by comparing different regulatory models. They also explain conflict of laws issues, including which state or court is competent, which law is applicable, and what rules govern enforcement in cross-border e-gambling disputes. Invaluably, the book makes sense of the myriad of cases in the EU internal market and the WTO. This unique book represents a detailed examination of the international law issues of cross-border online gambling. It will prove to be useful for academic scholars as well as postgraduate and advanced undergraduate students. Legal advisors within the gambling sector, regulators and policymakers, government departments and agencies, as well as intergovernmental and international organizations will also find this book an enriching resource.
This highly topical collection, edited by two accomplished academics, explores how environmental science and energy policy relate to international politics and policy. This complex and essentially interdisciplinary subject has been the core about which academics have fiercely debated and, as yet, unsuccessfully reached satisfactory negotiations. The editors interpret the politics of climate change as being driven less by scientific understanding than by disguised interests and deeply believed norms. The carefully selected papers in this volume both analyse and advocate policies that claim to be directed towards `combating man-made global warming' and hence `save the planet'.
This essential two-volume collection contains the most influential articles written over the past eight decades that contribute to an understanding of the economics of traffic congestion. The first volume explores the classic contributions on congestion and road pricing and includes papers in dynamic models and second-best congestion pricing. The second volume analyses ownership arrangements such as private roads, investment and financing, urban land use, social acceptability and distributional aspects of road pricing. Erik Verhoef has written an insightful introduction which provides a clear overview of a problem which is of major importance in both developed and developing countries.
Technological innovation is deeply woven into the fabric of American culture, and is no less a basic feature of American health care. Medical technology saves lives and relieves suffering, and is enormously popular with the public, profitable for doctors, and a source of great wealth for industry. Yet its costs are rising at a dangerously unsustainable rate. The control of technology costs poses a terrible ethical and policy dilemma. How can we deny people what they may need to live and flourish? Yet is it not also harmful to let rising costs strangle our health care system, eventually harming everyone? In Taming the Beloved Beast, esteemed medical ethicist Daniel Callahan confronts this dilemma head-on. He argues that we can't escape it by organizational changes alone. Nothing less than a fundamental transformation of our thinking about health care is needed to achieve lasting and economically sustainable reform. The technology bubble, he contends, is beginning to burst. Callahan weighs the ethical arguments for and against limiting the use of medical technologies, and he argues that reining in health care costs requires us to change entrenched values about progress and technological innovation. Taming the Beloved Beast shows that the cost crisis is as great as that of the uninsured. Only a government-regulated universal health care system can offer the hope of managing technology and making it affordable for all.
The field of disaster law has witnessed a huge surge in interest over the past few years. Building widespread recognition of the shortcomings of legal systems faced with disasters, academics have increasingly turned their attention to exploring how these failings can be addressed. This volume is a carefully selected collection of essays which focus on the legal and economic aspects of disaster law and pays particular attention to the legalities of catastrophes. The editors have brought together seminal papers analysing how disasters, both natural and man-made, could be prevented and investigating the ways in which compensation for such events could be provided. This set of indispensable papers examines such issues through a variety of analytical lenses and provides a solid foundation for future developments in this dynamic and highly topical subject.
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