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Showing papers on "Legislation published in 2018"


Journal ArticleDOI
TL;DR: In this paper, the authors argue that everyday border has become a major technology of control of both social diversity and discourses on diversity, in a way that threatens the convivial coexistence of pluralist societies, especially in metropolitan cities, as well as reconstructs everyday citizenship.
Abstract: The paper argues that everyday bordering has become a major technology of control of both social diversity and discourses on diversity, in a way that threatens the convivial co-existence of pluralist societies, especially in metropolitan cities, as well as reconstructs everyday citizenship. The article begins with an outline of a theoretical and methodological framework, which explores bordering, the politics of belonging and a situated intersectional perspective for the study of the everyday. It then analyses the shift in focus of recent UK immigration legislation from the external, territorial border to the internal border, incorporating technologies of everyday bordering in which ordinary citizens are demanded to become either border-guards and/or suspected illegitimate border crossers. We illustrate our argument in the area of employment examining the impact of the requirements of the immigration legislation from the situated gazes of professional border officers, employers and employees in their bordering encounters.

252 citations


Journal ArticleDOI
TL;DR: There is a lack of clear information and, often, the claimed health benefits may not be properly substantiated by safety and efficacy information or in vitro and in vivo data, which can induce false expectations and miss the target for a product to be effective, as claimed.
Abstract: Currently, nutraceuticals do not have a specific definition distinct from those of other food-derived categories, such as food supplements, herbal products, pre- and probiotics, functional foods, and fortified foods. Many studies have led to an understanding of the potential mechanisms of action of pharmaceutically active components contained in food that may improve health and reduce the risk of pathological conditions while enhancing overall well-being. Nevertheless, there is a lack of clear information and, often, the claimed health benefits may not be properly substantiated by safety and efficacy information or in vitro and in vivo data, which can induce false expectations and miss the target for a product to be effective, as claimed. An officially shared and accepted definition of nutraceuticals is still missing, as nutraceuticals are mostly referred to as pharma-foods, a powerful toolbox to be used beyond the diet but before the drugs to prevent and treat pathological conditions, such as in subjects who may not yet be eligible for conventional pharmaceutical therapy. Hence, it is of utmost importance to have a proper and unequivocal definition of nutraceuticals and shared regulations. It also seems wise to assess the safety, mechanism of action and efficacy of nutraceuticals with clinical data. A growing demand exists for nutraceuticals, which seem to reside in the grey area between pharmaceuticals and food. Nonetheless, given specific legislation from different countries, nutraceuticals are experiencing challenges with safety and health claim substantiation.

239 citations


MonographDOI
07 Jun 2018
TL;DR: In this article, the authors track the historical development of European criminal law, offering a detailed critical analysis of the criminal justice systems responsible for its implementation, and provide a thorough understanding of European Criminal Law and the institutions involved.
Abstract: Since their creation, the European Union and the Council of Europe have worked to harmonise the justice systems of their member states. This project has been met with a series of challenges. European Criminal Law offers a compelling insight into the development and functions of European criminal law. It tracks the historical development of European criminal law, offering a detailed critical analysis of the criminal justice systems responsible for its implementation. While the rapid expansion and transnationalisation of criminal law is a necessary response to the growing numbers of free movement of persons and goods, it has serious implications for the rights of European citizens and needs to be balanced with rights protections. With its close analysis of secondary legislation and reliance on a wide variety of original sources, this book provides a thorough understanding of European Criminal Law and the institutions involved.

236 citations


Journal ArticleDOI
TL;DR: A review of the different antioxidant groups, describing their properties, function and applicability, as well as indexing the relevant legislation in order to be a guide for academia and industry is presented in this paper.
Abstract: Background Food antioxidants play a critical role in the food industry, and have become one of the most widespread methods of conserving food. Their cheapness and ease of use have made them a part of virtually all foodstuffs. Although different, all groups of food antioxidants have a same common objective, to conserve food for the longest possible time without altering it, conferring taste or color. Consumer trends have shifted the industry to find natural antioxidants for conservation, and although synthetic additives have been the mainstream, their natural counterparts have been gaining interest. Scope and approach This review focuses of the different antioxidant groups, describing their properties, function and applicability, as well as indexing the relevant legislation in order to be a guide for academia and industry. Key findings and conclusions The wide number of antioxidant additives allowed by the different countries if of synthetic origin, and consist of pure molecules. Although consumers are leaning toward natural additives, this offer is still quite limited despite the permission of rosemary extract within the European Union. There is still much work to be done in order to completely demystify the importance and safety of antioxidants as well as to harmonize legislation worldwide.

223 citations


Journal ArticleDOI
TL;DR: In this paper, the authors identified the five most important drivers for the implementation of integrated lean and green manufacturing in Indian manufacturing SMEs using multi-criteria decision making methods such as technique for order of preference by similarity to ideal solution (TOPSIS) and simple additive weighting (SAW).

194 citations


Journal ArticleDOI
TL;DR: In this article, the authors provided an estimate of lobbying expenditures related to climate change legislation in the U.S. Congress from 2000 to 2016, and over $2 billion was spent on this activity, constituting 3.9% of total lobbying expenditures.
Abstract: Lobbying is considered to be an important factor in the success or failure of climate change legislation. This paper provides an estimate of lobbying expenditures related to climate change legislation in the U.S. Congress from 2000 to 2016. During this time period, over $2 billion was spent on this activity, constituting 3.9% of total lobbying expenditures. Major sectors involved in lobbying were fossil fuel and transportation corporations, utilities, and affiliated trade associations. Expenditures by these sectors dwarf those of environmental organizations and renewable energy corporations. Levels of expenditures on lobbying appear to be related to the introduction and probability of passage of significant climate legislation. Future research should focus on tying particular positions on climate legislation and lobbying expenditures at the corporate level.

161 citations


Journal ArticleDOI
02 Nov 2018-Toxics
TL;DR: This review evaluates the public health effects of heavy metals and their mixtures in SSA and shows the extent and size of the problem posed by exposure to heavy metal mixturesIn regard to public health.
Abstract: The drive for development and modernization has come at great cost. Various human activities in developed and developing countries, particularly in sub-Saharan Africa (SSA) have given rise to environmental safety concerns. Increased artisanal mining activities, illegal refining, use of leaded petrol, airborne dust, arbitrary discarding and burning of toxic waste, absorption of production industries in inhabited areas, inadequate environmental legislation, and weak implementation of policies, have given rise to the incomparable contamination and pollution associated with heavy metals in recent decades. This review evaluates the public health effects of heavy metals and their mixtures in SSA. This shows the extent and size of the problem posed by exposure to heavy metal mixtures in regard to public health.

159 citations


Journal ArticleDOI
TL;DR: The 2012 legislation known as "Jardé law" came into force in 2016 and distinguishes between 3 different types of research involving human subjects, which requires preliminary favourable opinions from the French Ethical Research Committees (CPP) and must ensure the protection of personal data.
Abstract: Since 1988, France has been committed to drafting laws regulating clinical research. These laws must both reflect general legal standards relating to personal data protection and patient information and comply with EU regulations, which are supra-national norms. The 2012 legislation known as "Jarde law" came into force in 2016 and distinguishes between 3 different types of research involving human subjects: category 1:interventional research implying an intervention on the patient which is not justified by their usual treatment. Category 2: interventional research, which does not focus on medicinal products and only entails minimal risks and constraints. Category 3: non-interventional research implying one or multiple acts or proceedings devoid of listed risks. These studies require preliminary favourable opinions from the French Ethical Research Committees (CPP), who are appointed by the State, and must ensure the protection of personal data. For the other types of studies (retrospective data, practice surveys), French legislation only requires that the protection of personal data is ensured. However, it is highly recommended to submit these studies to an Institutional Review Board (IRB) in order to confirm that human subjects are not involved and to obtain an ethical opinion in the event of a scientific journal submission. These laws are constantly evolving in order to comply with the various international recommendations and European regulations, which are binding in France.

148 citations


Journal ArticleDOI
TL;DR: In this paper, a review of existing risk assessment protocols, and with reference to the requirements of the EU Regulation on IAS (1143/2014) and international agreements including the World Trade Organisation, Convention on Biological Diversity and International Plant Protection Convention, coupled with consensus methods, identified and agreed upon 14 minimum standards (attributes) a risk assessment scheme should include.
Abstract: 1. Biological invasions are a threat to biodiversity, society and the economy. There is an urgent need to provide evidence-based assessments of the risks posed by inva-sive alien species (IAS) to prioritize action. Risk assessments underpin IAS policies in many ways: informing legislation; providing justification of restrictions in trade or consumer activities; prioritizing surveillance and rapid response. There are benefits to ensuring consistency in content of IAS risk assessments globally, and this can be achieved by providing a framework of minimum standards as a checklist for quality assurance. 2. From a review of existing risk assessment protocols, and with reference to the r equirements of the EU Regulation on IAS (1143/2014) and international agreements including the World Trade Organisation, Convention on Biological Diversity and International Plant Protection Convention, coupled with consensus methods, we identified and agreed upon 14 minimum standards (attributes) a risk-assessment scheme should include. 3. The agreed minimum standards were as follows: (1) basic species description; (2) likelihood of invasion; (3) distribution, spread and impacts; (4) assessment of intro-duction pathways; (5) assessment of impacts on biodiversity and ecosystems; (6) Assessment of impact on ecosystem services; (7) assessment of socio-economic impacts; (8) consideration of status (threatened or protected) of species or habitat under threat; (9) assessment of effects of future climate change; (10) completion possible even when there is a lack of information; (11) documents information sources; (12) provides a summary in a consistent and interpretable form; (13) includes uncertainty; (14) includes quality assurance. In deriving these minimum standards, gaps in knowledge required for completing risk assessments and the scope of exist-ing risk assessment protocols were revealed, most notably in relation to assessing benefits, socio-economic impacts and impacts on ecosystem services but also inclu-sion of consideration of climate change. 4. Policy implications. We provide a checklist of components that should be within in-vasive alien species risk assessments and recommendations to develop risk assess-ments to meet these proposed minimum standards. Although inspired by implementation of the European Union Regulation on invasive alien species, and as such developed specifically within a European context, the derived framework and minimum standards could be applied globally.

129 citations


Journal ArticleDOI
TL;DR: In this paper, the impact of non-financial information disclosure by Spanish listed companies on the level of regulatory compliance produced is associated with the business sector in which the company operates, and the highest rates of disclosure correspond to companies that provide this information in the sustainability report.
Abstract: Spain is one of the European countries that is the most strongly committed to the presentation of non-financial information. In 2017, Spain adapted its legislation to Directive 2014/95/EU through Royal Decree-Law 18/2017, which required Public Interest Entities (PIEs) to provide information in accordance with the requirements of the European Union (EU) Directive, with respect to financial years from 1 January 2017. Our research is focused on Spanish IBEX-351 listed companies and seeks to identify current trends in non-financial reporting. To our knowledge, the present paper is the first study to examine the impact made in Spain by the legislative changes. Our aim is to analyse the publication of non-financial information by Spanish listed companies whose first reports in this regard were made from early 2018. Specifically, we consider the impact of this information disclosure, determining whether the companies in question restrict themselves to meeting regulatory requirements or whether they go further and voluntarily supply additional information. Our findings show that the level of regulatory compliance produced is associated with the business sector in which the company operates. We also show that the highest rates of disclosure of non-financial information correspond to companies that provide this information in the sustainability report.

129 citations


Book ChapterDOI
TL;DR: Aquatic biomonitoring has become an essential task in Europe and many other regions as a consequence of strong anthropogenic pressures affecting the health of lakes, rivers, oceans and groundwater as mentioned in this paper.
Abstract: Aquatic biomonitoring has become an essential task in Europe and many other regions as a consequence of strong anthropogenic pressures affecting the health of lakes, rivers, oceans and groundwater. A typical assessment of the environmental quality status, such as it is required by European but also North American and other legislation, relies on matching the composition of assemblages of organisms identified using morphological criteria present in aquatic ecosystems to those expected in the absence of anthropogenic pressures. Through decade-long and difficult intercalibration exercises among networks of regulators and scientists in European countries, a pragmatic biomonitoring approach was developed and adopted, which now produces invaluable information. Nonetheless, this approach is based on several hundred different protocols, making it susceptible to issues with comparability, scale and resolution. Furthermore, data acquisition is often slow due to a lack of taxonomic experts for many taxa and regions and time-consuming morphological identification of organisms. High-throughput genetic screening methods such as (e)DNA metabarcoding have been proposed as a possible solution to these shortcomings. Such “next-generation biomonitoring”, also termed “biomonitoring 2.0”, has many advantages over the traditional approach in terms of speed, comparability and costs. It also creates the potential to include new bioindicators and thereby further improves the assessment of aquatic ecosystem health. However, several major conceptual and technological challenges still hinder its implementation into legal and regulatory frameworks. Academic scientists sometimes tend to overlook legal or socioeconomic constraints, which regulators have to consider on a regular basis. Moreover, quantification of species abundance or biomass remains a significant bottleneck to releasing the full potential of these approaches. Here, we highlight the main challenges for next-generation aquatic biomonitoring and outline principles and good practices to address these with an emphasis on bridging traditional disciplinary boundaries between academics, regulators, stakeholders and industry.

Journal ArticleDOI
TL;DR: It is revealed that, thus far, governments have in most instances avoided stringent measures in order to promote AV developments and the majority of responses are non-binding and focus on creating councils or working groups to better explore AV implications.
Abstract: The benefits of autonomous vehicles (AVs) are widely acknowledged, but there are concerns about the extent of these benefits and AV risks and unintended consequences. In this article, we first examine AVs and different categories of the technological risks associated with them. We then explore strategies that can be adopted to address these risks, and explore emerging responses by governments for addressing AV risks. Our analyses reveal that, thus far, governments have in most instances avoided stringent measures in order to promote AV developments and the majority of responses are non-binding and focus on creating councils or working groups to better explore AV implications. The US has been active in introducing legislations to address issues related to privacy and cybersecurity. The UK and Germany, in particular, have enacted laws to address liability issues, other countries mostly acknowledge these issues, but have yet to implement specific strategies. To address privacy and cybersecurity risks strategies ranging from introduction or amendment of non-AV specific legislation to creating working groups have been adopted. Much less attention has been paid to issues such as environmental and employment risks, although a few governments have begun programmes to retrain workers who might be negatively affected.

Journal ArticleDOI
TL;DR: The article comments on the decline in labor unions and how existing labor unions use their bargaining power to resist cuts to benefits such as health care and talks about how artificial intelligence and robotics could soon make most labor and jobs redundant.
Abstract: The article focuses on workplace hygiene, public health, and the impact of technological, economic, and social changes on employment and health. It comments on the decline in labor unions and how existing labor unions use their bargaining power to resist cuts to benefits such as health care. It talks about how artificial intelligence and robotics could soon make most labor and jobs redundant. It mentions the need for legislation to protect workers and use technology to improve human welfare.

Journal ArticleDOI
TL;DR: In this paper, the authors examine how organisations report on the detection and remediation of modern slavery in their operations and supply chains; and to understand their approaches to disclosing information in response to modern slavery legislation.
Abstract: Purpose: To examine how organisations report on the detection and remediation of modern slavery in their operations and supply chains; and to understand their approaches to disclosing information in response to modern slavery legislation. Methodology: An analysis of secondary data based on the statements released in response to the 2015 UK Modern Slavery Act by 101 firms in the clothing and textiles sector. Findings: Many firms use the same practices to detect and remediate modern slavery as for other social issues. But the hidden, criminal nature of modern slavery and the involvement of third party labour agencies mean practices need to either be tailored or other more innovative approaches developed, including in collaboration with traditional and non-traditional actors. Although five broad types of disclosure are identified, there is substantial heterogeneity in the statements. It is posited however that firms will converge on a more homogenous set of responses over time. Research limitations: The study is limited to one industry, responses to UK legislation, and the information disclosed by focal firms only. Future research could expand the focus to include other industries, country contexts, and stakeholders. Practical implications: Managers must consider how their own firm’s behaviour contributes to the modern slavery threat, regulate both their stock and non-stock supply chains, and ensure modern slavery is elevated from the procurement function to the boardroom. In making disclosures, managers may trade-off the potential competitive gains of transparency against the threat of information leakage and reputational risk should their statements be falsified. They should also consider what signals their statements send back up the chain to (sub-)suppliers. Findings also have potential policy implications. Originality: The study expands our understanding of: (i) modern slavery from a supply chain perspective, e.g. identifying the importance of standard setting and risk avoidance; and, (ii) supply chain information disclosure in response to legislative demands. This is the first academic paper to examine the statements produced by organisations in response to the UK Modern Slavery Act.

Journal ArticleDOI
TL;DR: Assessment of the economic aspect and environmental performance associated with the environmental regulations and strategies in the EPR system reveals that command and control (CAC) and market-based incentive (MBI) environmental regulations are significantly impacting on the reactive environmental strategy (RES); however, the proactiveEnvironmental strategy (PES) only has a significant relationship with MBI regulation.

Journal ArticleDOI
TL;DR: Using reconstructed transcripts of debates held in the Revolution’s first parliament, a quantitative analysis of how this body managed innovation is presented, using information theory to track the creation, transmission, and destruction of word-use patterns across over 40,000 speeches and a thousand speakers.
Abstract: The French Revolution brought principles of “liberty, equality, fraternity” to bear on the day-to-day challenges of governing what was then the largest country in Europe. Its experiments provided a model for future revolutions and democracies across the globe, but this first modern revolution had no model to follow. Using reconstructed transcripts of debates held in the Revolution’s first parliament, we present a quantitative analysis of how this body managed innovation. We use information theory to track the creation, transmission, and destruction of word-use patterns across over 40,000 speeches and a thousand speakers. The parliament as a whole was biased toward the adoption of new patterns, but speakers’ individual qualities could break these overall trends. Speakers on the left innovated at higher rates, while speakers on the right acted to preserve prior patterns. Key players such as Robespierre (on the left) and Abbe Maury (on the right) played information-processing roles emblematic of their politics. Newly created organizational functions—such as the Assembly president and committee chairs—had significant effects on debate outcomes, and a distinct transition appears midway through the parliament when committees, external to the debate process, gained new powers to “propose and dispose.” Taken together, these quantitative results align with existing qualitative interpretations, but also reveal crucial information-processing dynamics that have hitherto been overlooked. Great orators had the public’s attention, but deputies (mostly on the political left) who mastered the committee system gained new powers to shape revolutionary legislation.

Journal ArticleDOI
TL;DR: In this article, the authors highlight the pros and cons of existing legislation and its implementation and assess the need for the improvement of plastic legislation to better consider environmental and human health impacts.
Abstract: Aquatic or land-based plastic pollution has raised serious concerns for ecosystems, and especially human and animal health worldwide. A variety of legislative instruments were developed to control, reduce, and manage the usage of plastics in day-to-day life to minimize the adverse outcomes brought by sending these plastic to landfill. Existing legislation heavily embraces levies, bans, and voluntary efforts through “reduce and reuse campaigns.” Thus, the present review highlights the pros and cons of the existing legislation and its implementation. It also assesses the need for the improvement of plastic legislation to better consider environmental and human health impacts. The paper proposes new efficient management strategies to aid in the development of plastic legislation which prevents increase of plastic pollution worldwide, the potential challenges that would arise from its implementation, and the mechanisms for overcoming these challenges. The paper proposes a conventional management strategy based on the current plastic management and legislation. It aims to improve the feasibility and effectiveness of the implementation of future plastic policies.

Journal ArticleDOI
TL;DR: ASCO has developed this statement to offer guidance in the following areas: naming, labeling, and other regulatory considerations, safety and efficacy of biosimilars, interchangeability, switching, and substitution, value of biosimilar, and prescriber and patient education.
Abstract: As many biosimilars come to market in the next several years, their use in oncology will play an important role in the future care of patients with cancer. ASCO is committed to providing education and guidance to the oncology community on the use of biosimilars in the cancer setting; therefore, ASCO has developed this statement to offer guidance in the following areas: (1) naming, labeling, and other regulatory considerations, (2) safety and efficacy of biosimilars, (3) interchangeability, switching, and substitution, (4) value of biosimilars, and (5) prescriber and patient education.

Journal ArticleDOI
TL;DR: In this article, a questionnaire survey and face-to-face interviews were conducted to examine the level of importance of the barriers, and to provide comprehensive analyses of each hindrance.

Journal ArticleDOI
TL;DR: In this paper, the authors explore the events leading up to the reorganization of Clark County School District (CCSD) and find that state-level policymakers successfully leveraged the opportunity to enact the power and authority necessary to significantly and rapidly impact the structure of one of the largest school districts in the United States.
Abstract: Policymakers and educational leaders continue to use school district decentralization as a reform effort that attempts to shift power and authority from central office administration to school-level leadership. In 2015, the Nevada Legislature passed legislation to restructure the Clark County School District (CCSD), the state’s largest school district, with the intent of breaking it up into smaller districts but instead evolving to decentralization. In this article, we use case study methods to explore the events leading up to the reorganization of CCSD. We take a critical perspective on Kingdon’s multiple streams framework to analyze the reorganization efforts, focusing specifically on how Nevada’s political context provided a window of opportunity for the reorganization to occur. We also examine the extent to which equitable educational opportunity was a factor in these efforts. Our analysis of the reorganization of CCSD contributes to a wider understanding of state-level policy development and politics within contemporary educational contexts. In this case, we find that state-level policymakers successfully leveraged the opportunity to enact the power and authority necessary to significantly and rapidly impact the structure of one of the largest school districts in the United States.

Journal ArticleDOI
TL;DR: A review of the legal and systemic considerations that should be taken into account as the recognition of the rights of nature moves forward can be found in this paper, where the authors look into what all these rulings and legislation worldwide say about the right of nature.
Abstract: An increasing number of court rulings and legislation worldwide are recognizing rights of nature to be protected and preserved. Recognizing these rights also entails the recognition that nature has the right to stand in court and to be represented for its defense. This is still an incipient field and every step taken in this direction constitutes a precedent from which to learn and on which to base new rulings and legislation initiatives. Within this doctrine, rivers seem to be on the spotlight and court rulings on the rights of rivers are the ones setting precedent. These cases have taken place in New Zealand, Ecuador, India, and Colombia. This review looks into what all these rulings and legislation worldwide say about the rights of nature and what legal and systemic considerations should be taken into account as the recognition of the rights of nature moves forward.

Journal ArticleDOI
TL;DR: Results are quite promising, showing that the "Legislation Network" approach can lead towards an enhanced explanation in respect to the structure and evolution of legislation properties.
Abstract: Legislators, designers of legal information systems, as well as citizens face often problems due to the interdependence of the laws and the growing number of references needed to interpret them. Quantifying this complexity is not an easy task. In this paper, we introduce the "Legislation Network" as a novel approach to address related problems. We have collected an extensive data set of a more than 60-year old legislation corpus, as published in the Official Journal of the European Union, and we further analysed it as a complex network, thus gaining insight into its topological structure. Among other issues, we have performed a temporal analysis of the evolution of the Legislation Network, as well as a robust resilience test to assess its vulnerability under specific cases that may lead to possible breakdowns. Results are quite promising, showing that our approach can lead towards an enhanced explanation in respect to the structure and evolution of legislation properties.

Journal ArticleDOI
TL;DR: The results show that the legislation has resulted in general environmental awareness and that the organizations are willing to change their business processes and environmental strategies and that Males and Bachelor’s degree holders have more environmental awareness.
Abstract: Environmental damage occurring on individual, institutional, and societal levels is one of the major problems in the world and results from mostly unconscious human behavior. This damage poses serious threats to human health and other habitats. The aim of this study is to determine the level of environmental awareness of hotel and restaurant employees in the Amasra District of Bartin, Turkey. For this purpose, a descriptive survey method is used to measure 16 items with a 5-point Likert scale. Data are obtained from 200 employees in the hotels and restaurants as of 2015. The reliability coefficient is found to be 0.74. This data reveals that only 43% of hotels and 72% of restaurants in Amasra have recycling bins. Males and Bachelor's degree holders have more environmental awareness. Enterprises established after 2011 follow popular journals related to environment more than those before 2011. As a result, it is essential to organize educational meetings and seminars related to environmental awareness for hotel and restaurant employees in order to improve the tourism industry's environmental impact. The results show that the legislation has resulted in general environmental awareness and that the organizations are willing to change their business processes and environmental strategies. Nevertheless, despite their actions, there is little awareness of the benefits that can result from cost reductions resulting from environmentally friendly practices. Those affected by their suppliers act to reduce waste but do not deploy formal environmental management systems or use environmental messages to market their goods or services.

Journal ArticleDOI
TL;DR: In this paper, the authors analyzed the legal issues in individual transportation derived from the entrance of ride-hailing companies into the market, based on the Brazilian legislation, and showed that the majority of ridesourcing trips are replacing taxi and public transport trips.

Journal ArticleDOI
TL;DR: A landmark political decision recognising the legal personhood of a river provides insights into how legal pluralism may evolve and how relationships with non-human nature may be recognised into the future as discussed by the authors.
Abstract: A landmark political decision recognising the legal personhood of a river provides insights into how legal pluralism may evolve and how relationships with non-human nature may be recognised into the future. The decision in respect of the Whanganui River in Aotearoa/New Zealand, although not a legal precedent, has resulted in a new and vital Māori/Pākehā legal arrangement, which, in addressing the injustices of the country's colonial history, may also address environmental challenges such as resource exploitation. Since colonisation in 1840, the Māori of the Whanganui River have been fighting to assert their rights in relation to the river. The 1840 Treaty of Waitangi, made between Māori chiefs and British colonisers as the basis of future governance in Aotearoa/New Zealand, was flawed due to differences between the Māori and English versions of the Treaty. Conflicting expectations regarding the constitution and administration of ‘law’ emerged, as did incompatibilities between Māori and English ontologies, particularly involving interactions between humans and (non-human) nature. In 1975, a tribunal was established to resolve Māori grievances regarding application of the principles of the Waitangi Treaty. In 1999, the Tribunal settled Claim 167 (known as Wai 167, after the Tribunal), recognising Māori ownership of the Whanganui River. Subsequent negotiations resulted in declaration of the river's legal personhood; the enacting legislation was passed on 20 March 2017. An association of place-based law and the dominant legal system has been instigated. This paper explores how this less anthropocentric approach, in an era commonly called the ‘Anthropocene’ due to the influence of humans on planet Earth, has a critical role to play in environmental management, particularly in relation to water.

Journal ArticleDOI
06 Apr 2018-Nature
TL;DR: Legislation on the testing of self-driving cars does not address liability and safety concerns, warn Ashley Nunes, Bryan Reimer and Joseph F. Coughlin.
Abstract: Legislation on the testing of self-driving cars does not address liability and safety concerns, warn Ashley Nunes, Bryan Reimer and Joseph F. Coughlin. Legislation on the testing of self-driving cars does not address liability and safety concerns, warn Ashley Nunes, Bryan Reimer and Joseph F. Coughlin.

Book ChapterDOI
01 Jan 2018
TL;DR: In this paper, the authors provide an overview of the childhood education and care landscape in Canada, focusing on center-based care and public kindergarten and discuss pertinent legislation, policy, and relevant descriptive information of regulation and services across the country.
Abstract: This chapter provides an overview of the childhood education and care (ECEC) landscape in Canada. Canada is a federation of ten provinces and three territories; this constitutional framework gives the provinces and territories full jurisdiction for education and child care (e.g., Canada does not have a federal department of education or child care or a national policy). This model has shaped the development of ECEC policies and programs across the county and contributed to some of the challenges discussed in this chapter. We focus this review on center-based care and public kindergarten and discuss pertinent legislation, policy (including issues of availability, affordability, and children with special needs), and relevant descriptive information of regulation and services across the country. In addition, we provide a brief overview of provincial/territorial ECEC initiatives and include two examples of recent, large-scale policy directions regarding the introduction of full-day kindergarten for 4- and 5-year-olds (Ontario) and the universality of child care services (Quebec). We then present the limited data available about program quality across Canada with a discussion of new initiatives in this area. Emerging trends in ECEC regarding governance, curriculum, and human resources are identified, which indicate the dynamic and continued efforts to improve the quality of services provided for children and families. Finally, the chapter concludes with an analysis of ongoing challenges.

Journal ArticleDOI
TL;DR: In this paper, the application and implications of administrative burden are explored empirically and qualitatively in a case study analysis of an enforcement-oriented policy change in Texas that denied access to birth certificates for some citizen children born to Mexican immigrants.
Abstract: Contradictory elements in U.S. immigration policy, reflecting a long‐time struggle between inclusionary and exclusionary views, have resulted in federal legislation filled with compromises and tradeoffs that, at state and sub‐state levels, play out in unclear interpretations and uneven, highly discretionary administration and enforcement of immigration law and policy. This research describes a tool of discretionary administration—administrative burden—that is increasingly used in enforcing immigration law and policies at state and sub‐state levels and presents a theoretical frame for more fully investigating and addressing its consequences. The application and implications of administrative burden are explored empirically and qualitatively in a case study analysis of an enforcement‐oriented policy change in Texas that denied access to birth certificates for some citizen‐children born to Mexican immigrants. To better understand the potential consequences of this and related policies, interviews with immigrant parents and longitudinal data from a survey of children of immigrants are analyzed to assess both short‐term and later outcomes of children who are denied economic assistance and other benefits under policies that impose barriers to their integration into society. The study findings point to serious, adverse consequences for citizen children of state and sub‐state immigration policies that create administrative burden and perpetuate racial discrimination, while simultaneously diminishing the transparency, fairness, and effectiveness of public administration.

Journal ArticleDOI
09 Aug 2018-PLOS ONE
TL;DR: The results indicate that the policy also backfired in the longer run, especially in areas home to gold mines, as the introduction of Dodd-Frank increased the incidence of battles, looting, and violence against civilians compared to pre-Dodd Frank averages.
Abstract: The Dodd Frank Act was passed by the US Congress in July 2010 and included a provision—Section 1502—that aimed to break the link between conflict and minerals in the Eastern Democratic Republic of Congo. To date there is only one rigorous quantitative analysis that investigates the impact of Dodd-Frank on local conflict events. Looking at the short-term impact (2011–2012), it finds that the policy backfired. This study builds on a larger, more representative, dataset of mining sites and extends the time horizon by three years (2013–2015). The results indicate that the policy also backfired in the longer run, especially in areas home to gold mines. For territories with the average number of gold mines, the introduction of Dodd-Frank increased the incidence of battles with 44%; looting with 51% and violence against civilians with 28%, compared to pre-Dodd Frank averages. Delving deeper into the impact of the conflict minerals legislation is important, as President Trump suspended the legislation in February 2017 for a two-year period, ordering his administration to replace it with another policy.

Journal ArticleDOI
TL;DR: Magufuli's attempt to exercise greater control over extractive industries culminated in the passing of three pieces of legislation in July 2017 as mentioned in this paper, which aim to regain the loss of the country's sovereignty over its resources, first and foremost by opening the renegotiation of existing contracts and removing firms' access to international arbitration.