Legislation

About: Legislation is a research topic. Over the lifetime, 62664 publications have been published within this topic receiving 585188 citations. The topic is also known as: law & act.

Diseases of comfort: primary cause of death in the 22nd century

Abstract: Objective: To describe the concept, causes, and prevention and control strategies of diseases of comfort. Methods: Brokered by a senior research scientist specialised in knowledge translation, a chair, a president, and a past president of national public health associations contributed their views on the subject. Results: Diseases of comfort have emerged as a price of living in a modern society. It is inevitable that these diseases will become more common and more disabling if human "progress" and civilisation continue toward better (more comfortable) living, without necessarily considering their effects on health. Modern technology must be combined with education, legislation, intersectoral action, and community involvement to create built and social environments that encourage, and make easy, walking, physical activity, and nutritious food choices, to reduce the health damaging effects of modern society for all citizens and not only the few. Conclusions: Public health needs to be more passionate about the health issues caused by human progress and adopt a health promotion stance, challenging the assumptions behind the notion of social "progress" that is giving rise to the burden of chronic disease and developing the skills to create more health promoting societies in which individual health thrives.

Environmental Responsibility and Business Regulation: the case of sustainable tourism

Abstract: This paper adds to the growing literature within geography on environmental regulation of business activities. The adoption of voluntary practices of environmental responsibility is discussed as a form of environmental regulation, and then applied to tourism using a survey of 69 companies and institutions in the UK outgoing tourism industry. Results indicate that business has adopted a wide range of practices, but considers them to be weak regulatory instruments because ultimate responsibility for change lies with host governments via legislation. However, environmental protection may enhance business performance if voluntary practices could differentiate mass-market holiday packages and allow companies to compete on more than price alone. This paper, therefore, supports research from other industries which states that environmental practices may lead to commercial advantage if adopted proactively rather than in response to market demand for ethical or 'green' products. However, change may be accelerated by labelling 'green' or 'sustainable' tourism as 'quality' tourism, and by acknowledging that populist market demand may lead to stereotypical approaches to minorities or ecotourism not helpful to equitable development. Future debate should focus on common ground between regulators and business, and on shared responsibility for excluding 'free-rider' companies not willing to adopt practices.

Working with autistic children and young people: sense, experience and the challenges for services, policies and practices

Abstract: This paper aims to create narratives of autistic experience that are not restricted by a primary consideration of impairments or deficits but rather related to ideas about ‘assets’ as a means of developing professional practice. It is argued that children's rights legislation (UN Convention on Children's Rights, 1989, and in the UK, the Special Educational Needs and Disability Act, 2001) can encourage professionals working with autistic young people to search imaginatively for ways of conceptualising and accessing not only those assets but also the thoughts and feelings of their clients. Examples are taken from the author's own casework as well as from autistic ‘insider’ accounts which, it is argued, are providing insights into the inherently social contexts for the development of human feelings, thinking and meaning. While primarily directed at professionals, the intention is to encourage theories and the development of practices which are responsive to the wishes and views of disabled people and as such...

Biases in legal listing under Canadian endangered species legislation.

Abstract: In many countries wild species can be granted legal protection when they are deemed at risk of extinction or extirpation. Protection is the first step in a process of recovering the species and can reverse declining population trajectories by reducing human-caused threats (Male & Bean 2005). Canada was the first major industrialized nation to ratify the Rio Convention on Biological Diversity (CBD 1992). As part of its responsibilities under the convention (CBD 1992, section 8k), the Canadian government passed the Species at Risk Act (Bill C-5, or SARA 2002) in December 2002 to offer some legal protection and a framework for recovery of species at risk (reviewed in VanderZwaag & Hutchings 2005). Here, we explore taxonomic and geographic factors that influence the legal listing process and comment on particular institutional factors that may lie behind these patterns. In contrast to the U.S. Endangered Species Act of 1973 (ESA 1973), but broadly similar to Australia’s Endangered Species Act (Woinarski & Fisher 1999), legal listing of species in Canada is a two-stage process. The Committee on the Status of Endangered Wildlife in Canada (COSEWIC), an independent scientific advisory body that has assessed the status of species since 1977, was established under SARA as the entity responsible for the assessment of species at

The Rise of Dispersed Ownership: The Role of Law in the Separation of Ownership and Control

Abstract: Deep and liquid securities markets appear to be an exception to a worldwide pattern in which concentrated ownership dominates dispersed ownership. Recent commentary has argued that a dispersed shareholder base is unlikely to develop in civil law countries and transitional economies for a variety of reasons, including (1) the absence of adequate legal protections for minority shareholders, (2) the inability of dispersed shareholders to hold control or pay an equivalent control premium to that which a prospective controlling shareholder will pay, and (3) the political vulnerability of dispersed shareholder ownership in left-leaning "social democracies". Nonetheless, this article finds that significant movement in the direction of dispersed ownership has occurred and is accelerating across Europe. But can this trend persist in the absence of strong legal protections for minority shareholders and in the presence of high private benefits of control? To understand how dispersed ownership might both arise and persist in the absence of the supposed legal and political preconditions, this article reconsiders the appearance of dispersed ownership in the late 19th and early 20th Century in the U.S. and the U.K. and contrasts their experience with those of France and Germany over the same period. During this era, the private benefits of control were high, and minority legal protections in the U.S. were notoriously lacking, as the famous Robber Barons of the age bribed judges and legislators and effectively employed regulatory arbitrage to escape even minimal anti-fraud regulation. Nonetheless, strong self-regulatory institutions (most notably, the New York Stock Exchange) and private bonding mechanisms by which leading underwriters pledged their reputational capital by placing directors on the board of sponsored firms enabled the equity market to expand and dispersed ownership to arise. In contrast, in the U.K., the London Stock Exchange for a variety of path-dependent reasons played a far more passive role and did not become an effective self-regulator until much later in the 20th Century. Yet, dispersed ownership also arose, although at a slower pace. The lesser role for private self-regulation in the U.K. may have been the consequence of its lesser need for self- regulation as a functional substitute for formal law, given both earlier legislation in the U.K. and lesser exposure to judicial corruption and regulatory arbitrage. In contrast to the New York and London Exchanges, the Paris Bourse over this same period made little, if any, effort to develop a self-regulatory structure or to upgrade listing or disclosure standards. Why not? The answer seems closely associated with the fact that it operated as a state-administered monopoly whose stockbrokers were formally considered civil servants and who were legally denied the ability to trade as principals for their own account. Facing no competition and composed of members having little incentive to promote or enhance its reputational capital, the Paris Bourse did not innovate and fell behind the London Stock Exchange. The intrusive role of state regulation, which discouraged private self-regulatory initiatives, appears to have a factor in its competitive decline. In Germany, the state strongly supported the growth of large private banks and enacted a punitive tax on securities transactions. Because the German central bank offered very liberal rediscounting terms to the principal private banks, they were able to satisfy the capital needs of German industry without resort to the equity market. In this respect, concentrated ownership seems less to have evolved naturally than to have been subsidized by the state. Prospectively, this article argues that "functional convergence" will dominate "formal convergence" and that the principal mechanism of functional convergence may be private self- regulation. However, rather than reject the "law matters" hypothesis, this article suggests that one of the principal advantages of common law legal systems is their decentralized character, which encourages self-regulatory initiatives, whereas in civil law systems the state may monopolize all law-making initiatives. Further, this article proposes that legal reforms, while important, are likely to follow, rather than precede, market changes - as happened in both the U.S. and the U.K. Once however a constituency for liquid and transparent securities market is thus created, it will predictably seek and secure legislation that fills in the enforcement gap that self-regulation leaves. Both in the U.S., the U.K. and Europe today, the growth of securities markets has been largely divorced from politics.