Das Urheberrecht verhindert ein Marktversagen, indem es immaterielle Guter ausschlielich und damit marktfahig macht. Die Ausschlielichkeit hat aber eine Kehrseite: Verbietet der Rechtsinhaber ...Nutzungen, ohne sie (auf eine bestimmte Art) selbst vorzunehmen, liegen vergriffene Werke brach, werden Innovationen behindert und wissenschaftliche Zeitschriften prohibitiv verteuert. Abhilfe konnte die urheberrechtliche Zwangslizenz schaffen. Die im Urheberrechtsgesetz geregelte besondere Art des Kontrahierungszwangs - der Rechtsinhaber muss eine Lizenz erteilen, kann aber die Lizenzbedingungen verhandeln - fuhrt in Literatur und Gesetzgebung ein Schattendasein. Ziel der Arbeit ist es, diese Lucke zu schlieen. Zunachst wird rechtsvergleichend und ausgerichtet am Ziel normativer Effizienz geklart, ob und in welchen Fallen eine urheberrechtliche Zwangslizenz geregelt werden sollte. Anschlieend wird untersucht, wie sie effektiv und mit hoherrangigem Recht vereinbar ausgestaltet werden konnte.
We propose that to understand how a social licence to operate in mining is granted and maintained, we need to take account of the processes mining companies use to engage with local communities. The ...present research measured and modelled the critical elements of social licence by conducting a longitudinal study in an Australian mining region. The results of path analyses showed that building trust with local communities was crucial for mining companies to obtain and maintain a social licence to operate. The mining operation's negative impacts on social infrastructure, community members' perceived contact quality and procedural fairness in dealing with company personnel significantly affected the community's acceptance of the mining operation through inferred trustworthiness of the company. Our results highlight the importance of fair treatment and high-quality engagement of mining companies with communities, alongside mitigation of operational impacts, in securing and holding a social licence to operate.
•We measure and model key variables in the social licence to operate.•We demonstrate that the social licence construct can be assessed empirically.•Worse than expected impacts reduced trust and acceptance of a mining operation among stakeholders.•Quality of contact between company and community, not quantity, predicted trust.•Procedural fairness was the strongest predictor of trust in our model.
In recent years, home sharing has gone from a “disruptive innovation” to a major industry, with platforms such as Airbnb creating a range of impacts for users, competitors and members of affected ...communities. The social licence to operate concept offers a way to understand these impacts and design strategies to enhance social acceptability. This article presents a home-sharing social licence framework co-created through a participatory research process in New South Wales, Australia. Insights from the mining sector are relevant to home-sharing, such as a focus on local communities and the role of distributional fairness, procedural fairness and confidence in governance in building trust. Modifications are also required to account for contextual and proxy factors in home sharing.
•The social licence of home-sharing practices is determined by community trust.•Distributional and procedural fairness and confidence in governance influence trust•Contextual factors such as the local desirability of tourism affect social licence.•Proxy factors such as local ownership can be important for emerging industries.•The social licence of home-sharing has characteristics of a negative licence.
This paper interrogates the capacity for social control to act as a complement and alternative to the law in controlling corporate harm. Social control can manifest as demands that businesses obtain ...a social, not just a legal, licence to operate which can provide an avenue for communities to reject or shape company operations. Drawing on parallels with the ambiguities that hinder the criminalization of business conduct, this paper shows how the social licence can also be used to silence critical voices or justify harmful practices. This ambiguity hinges on struggles around what is or is not socially desirable, which can engender significant conflict. Whilst this conflict might be inevitable, even productive in reducing corporate harm, it can leave a debilitating social legacy.
•We evaluate the impact of the Graduated Driver Licensing (GDL) system introduced in Victoria, Australia.•Our evaluation of the GDL is based on monthly mortality and morbidity data for drivers 18 to ...25 for the period January 2000 to June 2017.•We estimate the immediate and long-term impacts of each policy change to the GDL system.•We examine signalling, probationary years, alcohol bans, limits on both passengers and mobile phone use.
We evaluate the impact of the Graduated Driver Licensing (GDL) system introduced in Victoria, Australia as they influence both injury and fatality rates. Since 1990, the Victorian GDL scheme has undergone several modifications including the introduction of new requirements and the stricter enforcement of existing regulations. Our evaluation of the GDL is based on monthly mortality and morbidity data for drivers 18–25 for the period January 2000 to June 2017. We estimate the immediate and long-term impacts of each policy change to the GDL system.
Our results indicate that several initiatives in the GDL system have had impacts on both fatalities and injuries requiring hospitalisation when differentiated by gender. In a number of cases we observe that reactions to these measures are common to both genders. These include: the signalling of the proposed GDL changes in the media, the introduction of an extra probationary year for those under 21, the total alcohol ban for the entire probationary period, and limits on peer passengers for the first year. Stricter mobile phone restrictions appear to have had no impact on injuries for either males or females although they were associated with lower fatality rates for both. In addition, we found an indication that in the period prior to the introduction of the mandatory requirement of 120 h supervised driving, there was a rise in male driver injuries possibly caused by a rush of more inexperienced learners to obtain their probationary licence.
Clinic is a health service facility that organizes individual health services that provide basic and/or specialist medical services. Primary Clinic (Klinik Pratama) is a Clinic that organizes basic ...medical services both general and specific. To establish a Klinik Pratama so that it can operate through a series of licensing processes namely Nuisance/Hinder Ordonnantie Permit (HO), Establishment Permit Clinic (IMK) and Clinical Operating Permit (IOK). The results of this process are overlapping or repetitive requirements, making the process ineffective and inefficient. This research is intended to analyze the dispute on health facility licensing in Padang City, West Sumatra. This paper analyzes overlapping of clinical licensing. The main problems that analyzed in this paper concerning to analyze and review clinical licensing, analyze licensing regulations at the Padang City level as a basis for recommendations on simplification, deletion and merging of licenses by the Padang City Government.
The general impression that car-use has reached a peak or the orientation to have a car has stagnated in several Western countries has been associated with young people being less interested in ...obtaining a driving licence and getting a car. Examination of public statistics and of data from Norwegian National Travel Surveys indicates that the percentage of young people acquiring a driving licence fell during the 1990s and has been stagnating since the start of the year 2000. Over a 25-year period, we find that young people living outside large cities have a car(s) in the household; they are in paid work and are married/cohabiting. They have a driving licence to a much greater degree than those who live in cities and have good access to public transport; they are students and not married/cohabiting. In the same 25-year period we have seen a higher percentage of young people living in the larger cities, spending longer on education and delaying establishing a family. Our cohort analyses indicate that young cohorts/generations defer from obtaining a driving licence. At age 30years the proportion of licence holders has been around 90%, but analysis of young cohorts from 2001 to 2009 shows that this figure is declining.
•A stagnation in driving licence among Norwegian youth from 1990s•Urban living, education and postponing family establishment are explaining factors.•Young cohorts postpone from obtaining a driving licence until the age of about 30.•A tendency that young people do not obtain a licence even at this age
The development of mining and other resource-based industries are among key drivers of economic development in the Arctic. The fragile environment and the presence of nature-based livelihoods and ...indigenous communities pose challenges for mining development. Mining operations should be optimized so that the profitability is maintained in changing market conditions and to meet increasing societal and environmental demands. In this study we present the current understanding on the interplay between mining and the surrounding socio-ecological systems in the Arctic region. The existing academic literature on the Arctic region was reviewed, covering 127 peer-reviewed publications since 2000. We investigated the mining activities from four perspectives examining: 1) environmental, 2) economic, 3) social and 4) legal dimensions, covering three life-cycle stages: 1) pre-mining, 2) mining, and 3) post-mining. The publications on the environmental and economic aspects focused principally on the impacts of mining, whereas social and legal publications discussed the interaction between people and their rights and ways of controlling their environment. Besides the need for more balanced research between different life-cycle stages we uncovered five research gaps concerning the knowledge base needed to increase the sustainability of Arctic mining: 1) impacts and adaptation to climate change, 2) monitoring the sustainability of mining using standardized indicators, 3) holistic economic assessment of mining, 4) social sustainability and conflict management, and 5) mechanisms that mitigate or compensate for the adverse effects of mining on biodiversity.
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•We review 127 publications on the impacts of mining in the Arctic region.•Socioeconomic impacts of mining differ for frontier and developed regions.•Environmental impacts of mining are negative and often long-term.•Present mechanisms may not sufficiently regulate the long-term impacts of mining.•The knowledge base for sustainable mining can be increased in five research areas.
This carefully conceived Handbook presents a state-of-the-art discussion of the field of social impact assessment (SIA), highlighting contemporary understandings and emerging issues in this ...continually evolving area of research and practice. Experienced SIA practitioners from around the world share their learnings and advice on a comprehensive range of issues faced in social performance practice.
Communities around the world have increasingly come to demand more involvement in decision making for local mining projects, a greater share of benefits from them if they are to proceed, and ...assurances that mineral development will be conducted safely and responsibly. At the same time, Bridge (2004) notes full legal compliance with state environmental regulations has become an increasingly insufficient means of satisfying society's expectations with regards to mining issues. There is now a recognised need for mineral developers to gain an additional ‘social licence to operate’ (SLO) in order to avoid potentially costly conflict and exposure to business risks. However, there is a correspondingly limited amount of scholarship specifically focused on SLO. More particularly, there is a need for research that uncovers those factors that lead to the issuance (or non-issuance) of a SLO in the complex and changeable environments that often characterise mineral development. In an effort to identify key determinants of SLO outcomes in the mining industry, this paper presents a comparative case study analysis of four international mining operations: Red Dog Mine in Alaska, USA; Minto Mine in Yukon, Canada; the proposed Tambogrande Mine in Peru; and the Ok Tedi Mine in Papua New Guinea. The analysis that is presented also makes use of insights from supplementary key informant interviews conducted by the author and the emerging literature on mining and communities. Five lessons for earning a SLO emerged from this analysis: (1) context is key; (2) a social licence to operate is built on relationships; (3) sustainability is a dominant concern for communities; (4) local benefits provision and public participation play a crucial role; and (5) adaptability is needed to confront complexity.
•Context plays a key role in shaping ‘social licence to operate’ (SLO) outcomes.•The SLO is foremost a relationship-building (and maintaining) process.•Sustainability is a dominant concern for communities contemplating issuing a SLO.•Local benefits provision and public participation are crucial elements of a SLO.•Adaptability is needed to confront the complexity inherent in all SLO settings.
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