The Upper Limits of Pain and Suffering in Animal Research

2015 ◽  
Vol 24 (4) ◽  
pp. 431-447 ◽  
Author(s):  
TOM L. BEAUCHAMP ◽  
DAVID B. MORTON

Abstract:The control of risk and harm in human research often calls for the establishment of upper limits of risk of pain, suffering, and distress that investigators must not exceed. Such upper limits are uncommon in animal research, in which limits of acceptability are usually left to the discretion of individual investigators, institutions, national inspectors, or ethics review committees. We here assess the merits of the European Directive 2010/63/EU on the Protection of Animals Used for Scientific Purposes and its accompanying instruments, such as guides and examples. These documents present a body of legislation governing animal research in the European Union. We argue that the directive supplies a promising approach, but one in need of revision. We interpret the directive’s general conception of upper limits and show its promise for the establishment of high-quality policies. We provide a moral rationale for such policies, address the problem of justified exceptions to established upper limits, and show when causing harm is and is not wrongful. We conclude that if the standards we propose for improving the directive are not realized in the review of research protocols, loose and prejudicial risk-benefit assessments may continue to be deemed sufficient to justify morally questionable research. However, a revised EU directive and accompanying instruments could have a substantial influence on the ethics of animal research worldwide, especially in the development of morally sound legal frameworks.

2018 ◽  
pp. 113-119
Author(s):  
Gennady Ya. Vagin ◽  
Eugene B. Solntsev ◽  
Oleg Yu. Malafeev

The article analyses critera applying to the choice of energy efficient high quality light sources and luminaires, which are used in Russian domestic and international practice. It is found that national standards GOST P 54993–2012 and GOST P 54992– 2012 contain outdated criteria for determining indices and classes of energy efficiency of light sources and luminaires. They are taken from the 1998 EU Directive #98/11/EU “Electric lamps”, in which LED light sources and discharge lamps of high intensity were not included. A new Regulation of the European Union #874/2012/EU on energy labelling of electric lamps and luminaires, in which these light sources are taken into consideration, contains a new technique of determining classes of energy efficiency and new, higher classes are added. The article has carried out a comparison of calculations of the energy efficiency classes in accordance with GOST P 54993 and with Regulation #874/2012/EU, and it is found out that a calculation using GOST P 54993 gives underrated energy efficiency classes. This can lead to interdiction of export for certain light sources and luminaires, can discredit Russian domestic manufacturer light sources and does not correspond to the rules of the World Trade Organization (WTO).


Animals ◽  
2019 ◽  
Vol 9 (4) ◽  
pp. 154
Author(s):  
Katrien Devolder ◽  
Matthias Eggel

Every year, around 12 million animals are used for the purpose of scientific research in the European Union alone. The procedures performed on them often cause significant pain and suffering. Despite regulations aimed at reducing this suffering, we can expect millions of research animals to continue to suffer in the near to mid-term future. Given this reality, we propose the use of gene editing to create research animals with a reduced capacity for suffering, in particular, from pain. We argue that our proposal would be in line with moral principles embedded in European regulations regarding animal research, and that it would facilitate compliance with these regulations. We also respond to the strongest argument against our proposal—the ‘no pain no gain’ argument.


Detritus ◽  
2020 ◽  
pp. 92-99
Author(s):  
Torben Bauer ◽  
Lale Andreas ◽  
Anders Lagerkvist ◽  
Linus Ekman Burgman

The European Directive 86/278/EEC implemented in 1986 was a means adopted by the European Union to improve use of the valuables in sewage sludge by applying treated sludge on agricultural soils. To prevent an accumulation of pollutants, the Directive provided suggestions limiting concentrations of toxic elements in sewage sludge and agricultural soil. The Directive was implemented diversely throughout EU member states, with current national legislations only partly reflecting the initial intentions of the EU Directive from 30 years ago. This study demonstrates how the European Directive was implemented in three countries currently at different stages of replacing the agricultural application of sewage sludge with incineration (Netherlands, Germany and Sweden). Additionally, recent changes in the legislation with regards to the re-use and final disposal of sewage sludge in the three chosen member states are analysed. The aim was to investigate how each member state has solved the conflict between improvement of nutrient recovery from sludge and limitation of pollutants in agricultural soil. Based on this review, limit values are not necessarily reflected in application rates of sewage sludge in agriculture. Following changes in current legislation, phosphorus recovery will become a priority task. The recovery of other valuables from sewage sludge is currently not regulated in the legislation of the three member states investigated.


2019 ◽  
Author(s):  
Kai Stefan Danelzik

For most companies, choice of court agreements are one of the most important legal instruments, with the result that legal certainty and transparency are essential for the functioning of (international) choice of court agreements. This study deals in detail with the legal bases relevant to choice of court agreements and the problems of demarcation that arise with regard to the different constellations of choice of court agreements in international legal relations. The analysis the study conducts shows that with regard to the priority of applying the EU Directive 44/2001 over the German civil procedure code (ZPO), hardly any conceivable area of application for the German ZPO remains. Accordingly, against the background of the results found, the study makes a reform proposal which largely aligns the ZPO with the aforementioned European Directive in order to avoid legal uncertainty and to harmonise the law on choice of court agreements within the European Union.


2020 ◽  
Vol 98 (Supplement_4) ◽  
pp. 71-72
Author(s):  
Janeen Salak-Johnson

Abstract Institutions that engage in animal research and production must ensure that high standards of animal care and use meet expectations of society while being ethical stewards of the animals they use in research. In order to achieve engagement in best practices, the Ag Guide is the most appropriate standard for assessing agricultural animals used in research and teaching. The Ag Guide minimizes the potential to overuse performance standards while enhancing the ability to appropriately address specific performance-derived exceptions to situations for which they have been validated. The primary objectives of the standards established in the Ag Guide are well-aligned with the goals of the AAALAC International accreditation program. The Ag Guide provides scientifically-sound, performance-based approaches to animal care and housing, which meet the expectations of AAALAC’s accreditation program. AAALAC provides a third-party peer review of all facets of the animal care and use program that serves as an effective mechanism to ensure institutions meet the standards of the Ag Guide. The process is designed to help identify the strengths and weaknesses of the program to ensure high-quality scientific outcomes and a high level of animal welfare. AAALAC accreditation program for agricultural animal research program is built on the cornerstone of the Ag Guide standards and connects science and responsible animal care. AAALAC accreditation promotes a comprehensive, institutionally supported program with a commitment to continuous improvement, humane and ethical animal care resulting in high-quality animal welfare, and scientific validity. AAALAC takes the position that, in accredited programs, the housing and care for agricultural animals should meet the standards that prevail on a high-quality, well-managed farm and the Ag Guide serves as this foundation. Therefore, the use of the Ag Guide for agricultural animal programs ensures a review that is based on science, professional judgment, and the best interests of the animal.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gianclaudio Malgieri

Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative frameworks. In particular, this study analyzes the European Union (EU) data protection law [General Data Protection Regulation (GDPR)] framework (as it is one of the most advanced privacy laws in the world, with strong extra-territorial impact in other countries and consequent risks of high fines), as compared to privacy scholarship on the field and extract a compliance framework for marketers. Findings The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is twofold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities. Research limitations/implications This study is limited to the European legal framework scenario and to theoretical analysis. Further research is necessary to investigate other legal frameworks and to prove this model in practice, measuring not only the consumers’ expectation of privacy in different contexts but also the practical managerial implications of the four GDPR tests for marketers. Originality/value This study originally contextualizes the most recent privacy scholarship on online manipulation within the EU legal framework, proposing an easy and accessible four-step test and twofold solution for marketers. Such a test might be beneficial both for marketers and for consumers’ expectations of privacy.


Muzikologija ◽  
2020 ◽  
pp. 149-162
Author(s):  
Uros Cemalovic

Even more than intelligence, creativity is considered as a quintessentially human capacity. The same conclusion is fully applicable to the artistic creation in music sector. However, rapid technological development is constantly challenging not only the creative process as such, but also the legal instruments intended to protect the results of intellectual and artistic work. The first part of this article examines the provisions of the new EU Directive 2019/790 dedicated to online content-sharing service providers and fair remuneration of authors/performers, while its second part maps the main challenges the development of artificial intelligence imposes to the protection of rights in musical works.


2020 ◽  
pp. 98-121
Author(s):  
Alanas Gulbinas ◽  
Kamilė Jogminaitė

“Article of digital business taxation issues and threats”, analyzes the impact of the digitalization in modern society and the changes of corporate profit tax. This article has been concentrated on the regulation of the European Union but mentions the international adjustments as well. The article has been written in a discussion of national law and bilateral agreements, which apply to the traditional permanent headquarters concept. This article discusses the current situation, where digital businesses are not being taxed with corporate profit tax, and possibilities to change it according to the needs of the digital economy In addition, when digital businesses emerged, the permanent headquarters concept, which taxed based on the permanent location, required further discussion and a new definition. Therefore, the article talks over the proposals of the European Union to equalize corporate profit taxation. The article analyzes the possible consequences and issues of the adaptation of the EU directive. In question of regulating the corporate profit tax, the authors discussed the competence of the EU.


2017 ◽  
Vol 2017 ◽  
pp. 1-7 ◽  
Author(s):  
Rosaria Costa ◽  
Giovanni Bartolomeo ◽  
Emanuele Saija ◽  
Rossana Rando ◽  
Ambrogina Albergamo ◽  
...  

The quality parameter of alkyl esters of fatty acids was checked in a variety of Italian olive oil samples. In particular, 34 samples of extra virgin olive oils (EVOOs) from South Italy (Sicilian orchards), produced in the years 2014-2015, have been subjected to the analytical protocol dictated by the European Union for the determination of alkyl esters, as an indicator of oil’s quality. All the samples analyzed resulted to be well below the limit set by EU Directive. Besides recently produced EVOOs, a set of very aged oils, produced in the years 1996–2000, were analyzed as well. The main finding was that alkyl esters increased in correspondence with deterioration processes.


2009 ◽  
pp. 326-346
Author(s):  
Charles O’Mahony

This chapter will discuss the legal framework for consumer and data protection in Europe. Central to this discussion will be the law of the European Union (EU) on data and consumer protection.3 Recent years have seen the creation of legal frameworks in Europe which seek to secure the protection of consumers while simultaneously facilitating economic growth in the European Union. This chapter will outline the main sources of law which protect consumers and their privacy. This chapter will outline the important provisions in these sources of law and critically analyse them. The chapter will also point up the gaps and deficiencies in the consumer and data protection legal structures.


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