Various legal approaches have been taken internationally to improve global access to essential medicines for people in developing countries. This book focuses on the millions of people suffering from ...AIDS, tuberculosis and malaria. Beginning with the AIDS campaign for antiretroviral (ARV) drugs, Sharifah Sekalala argues that a soft law approach is more effective than hard law by critiquing the current TRIPS flexibilities within the World Trade Organization. She then considers how soft law has also been instrumental in the fight against malaria and tuberculosis. Using these compelling case studies, this book explores lawmaking on global health and analyses the viability of current global health financing trends within new and traditional organisations such as the United Nations, the World Health Organization, UNAIDS, UNITAID and The Global Fund. This book is essential reading for legal, development, policy and health scholars, activists and policymakers working across political economy, policy studies and global health studies.
The article is devoted to the study of some problematic aspects of the legislative consolidation of the legal status of a person exercising control of a maritime autonomous surface vessel. The author ...considers the issues of the need to determine the scope of the functions performed by a given person at the legislative level and his responsibility, a set of rights and obligations, features of vocational training, retraining and certification, requirements for competencies, peculiarities of the work duties implementation, as well as the necessary nomenclative apparatus in the legislation of the Russian Federation. The article reveals main brief conclusions of the analysis of basic implemented measures, providing for amendments to the current legislation in the field of public relations regulation arising in the sphere of operation of autonomous maritime surface vessels and, in particular, in the sphere of the legal status of persons managing the given technical unities. Based on the current legislation analysis in the area under consideration, the author offers some recommendations for its further development, and also highlights the main areas to be regulated, considering the need for research in order to create the required rules and regulations that ensure the navigation safety in the framework of the operation of maritime autonomous surface vessels.
Ever-more-frequent calls for the establishment of a rule of law in the developing world have been oddly paralleled by the increasing use of "exceptional" measures to deal with political crises. To ...untangle this apparent contradiction, The Jurisprudence of Emergency analyzes the historical uses of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. Nasser Hussain focuses on the relationship between "emergency" and the law to develop a subtle new theory of those moments in which the normative rule of law is suspended. The Jurisprudence of Emergency examines British colonial rule in India from the late eighteenth to the early twentieth century in order to trace tensions between the ideology of liberty and government by law, which was used to justify the British presence, and the colonizing power's concurrent insistence on a regime of conquest. Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems -- between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation and delineation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, ...thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.
Nanotechnology has the potential to innovate the agricultural, feed and food sectors (hereinafter referred to as agri/feed/food). Applications that are marketed already include nano-encapsulated ...agrochemicals or nutrients, antimicrobial nanoparticles and active and intelligent food packaging. Many nano-enabled products are currently under research and development, and may enter the market in the near future. As for any other regulated product, applicants applying for market approval have to demonstrate the safe use of such new products without posing undue safety risks to the consumer and the environment. Several countries all over the world have been active in examining the appropriateness of their regulatory frameworks for dealing with nanotechnologies. As a consequence of this, different approaches have been taken in regulating nano-based products in agri/feed/food. The EU, along with Switzerland, were identified to be the only world region where nano-specific provisions have been incorporated in existing legislation, while in other regions nanomaterials are regulated more implicitly by mainly building on guidance for industry. This paper presents an overview and discusses the state of the art of different regulatory measures for nanomaterials in agri/feed/food, including legislation and guidance for safety assessment in EU and non-EU countries.
•Nanotechnology applications in the agri/feed/food sector are growing worldwide.•Different approaches are applied to regulate nanotechnology applications.•The EU has binding NM definitions and NM-specific provision for some applications.•Several non-EU countries regulate NM by mainly building on guidance.
Este trabalho analisa a legislaçâo brasileira sobre o comercio de plástico descartável, nos ámbitos Federal, Estadual e Municipal, comparando as diferentes formas de regulamentaçao. O referencial ...teórico parte da ideia de eficácia da norma jurídica e o conceito de valor, com enfase na análise económica do Direito, através do comportamento racional do agente. Desta forma, faz-se a comparaçao entre o efeito de diferentes formas legais, cujo objetivo comum é a proteçao ambiental, a diferentes agentes, cujos valores apresentam assimetria, para que se possa observar a efetividade do escopo da legislaçao, ou se houve a ocorrencia do "efeito Peltzman", que é o efeito contrário. Por fim, os resultados sao analisados conforme o grau de eficiencia do regramento em cumprir com sua funçao, e sao identificadas as melhores formas de garantir que os objetivos propostos pela lei sejam alcançados.
Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common ...law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
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