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Articles 1 - 8 of 8
Full-Text Articles in Law
The Democratic State In Africa: The Challenges For Institutional Building, Muna Ndulo
The Democratic State In Africa: The Challenges For Institutional Building, Muna Ndulo
Muna B Ndulo
No abstract provided.
Ten Good Practices In Environmental Constitutionalism: Structure, Text And Justiciability, James May, Erin Daly
Ten Good Practices In Environmental Constitutionalism: Structure, Text And Justiciability, James May, Erin Daly
Erin Daly
Environmental constitutionalism is a relatively recent phenomenon at the confluence of constitutional law, international law, human rights, and environmental law. It embodies the recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts worldwide. This White Paper posits ten “good practices” – those attributes that make effective outcomes more likely, but not assured – in environmental constitutionalism for advancing positive environmental outcomes considering energy, and governance and sustainability. Good practices in environmental constitutionalism can serve as a useful construct for considering the relationship between sustainability, energy and governance. Accordingly, Section A …
Private Certifiers And Deputies In American Health Care, Frank Pasquale
Private Certifiers And Deputies In American Health Care, Frank Pasquale
Frank A. Pasquale
So-called “public programs” in U.S. health care pervasively contract with private entities. The contracting does not merely involve the purchase of drugs, devices, information technology, insurance, and medical care. Rather, government agencies are increasingly outsourcing decisions about the nature and standards for such goods and services to private entities. This Article will examine two models of outsourcing such decisions. In private licensure, firms offer a stamp of approval to certify that a given technology or service is up to statutory or regulatory standards. Via deputization, firms can pursue a regulatory or law enforcement role to correct (and even punish) providers …
Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei
Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei
Robert Percival
No abstract provided.
Old Lessons For New Governance: Safety Or Profit And The New Conventional Wisdom, Eric Tucker
Old Lessons For New Governance: Safety Or Profit And The New Conventional Wisdom, Eric Tucker
Eric M. Tucker
New governance theory has a large following in academia and is exerting an influence in numerous spheres of regulatory policy. Yet in the area of occupational health and safety, new governance is hardly new at all. Indeed, it is fair to say that it in many ways what are now labelled new governance concepts were first articulated and applied in the 1972 Robens Report, Safety and Health at Work. This included its critique of command and control legislation and its emphasis on the need to develop better self-regulation. This paper critically examines new governance models in OHS regulation. In the …
Closing The Gaps: Building Capacity In Pacific Fisheries Governance And Institutions, Quentin Hanich, Feleti Teo, Ben Tsamenyi
Closing The Gaps: Building Capacity In Pacific Fisheries Governance And Institutions, Quentin Hanich, Feleti Teo, Ben Tsamenyi
Quentin Hanich
Governance and institutions must function effectively if sustainable development and growth are to occur within the Pacific Islands region. In 2007, the FFA and the Australian Department of Agriculture, Fisheries and Forestry (DAFF), supported by funding from AusAID, contracted Quentin Hanich, Feleti Teo and Professor Martin Tsamenyi to research governance and institutional gaps within the region that undermine the effective management and development of the region's fish stocks. Following an intensive round of interviews throughout the Pacific islands region by all three consultants, Mr Hanich authored a comprehensive report that discussed relevant governance and institutional gaps and recommended a number …
Governance Approaches That Can Be Used To Implement Sustainability Criteria, Evgenia Pavlovskaia
Governance Approaches That Can Be Used To Implement Sustainability Criteria, Evgenia Pavlovskaia
Evgenia Pavlovskaia
Implementation of sustainability criteria, both in legal frameworks and voluntary sustainability standards, is an urgent and important issue. In the article, three less state-centric governance approaches and their capacity to be used to implement sustainability criteria have been investigated. The chosen approaches are good governance, multi-level governance and selfgovernance. Their potential strengths and weaknesses have been pointed out. The research indicates that sustainability criteria can be implemented in different ways, which have the potential to highlight, strengthen or weaken different aspects of their function. The use of different governance approaches, or their combinations, can lead to different implementation results for …
A Methodological Proposal For A National Survey Of Data Protection In E-Government In Mexico, Teresa M. G. Da Cunha Lopes
A Methodological Proposal For A National Survey Of Data Protection In E-Government In Mexico, Teresa M. G. Da Cunha Lopes
Teresa M. G. Da Cunha Lopes
The present research paper is an attempt to study the aspects related to e-government and data protection in Mexico, and at the same time, in view of the lack of empirical data presents a methodological proposal for the urgent implementation of a national survey. We focus in the protection of personal data used by public administrators to provide public services.