scholarly journals Trade and Agricultural Disease: Import Restrictions in the Wake of the India–Agricultural Products Dispute

2017 ◽  
Vol 16 (2) ◽  
pp. 279-302 ◽  
Author(s):  
KAMAL SAGGI ◽  
MARK WU
Keyword(s):  
Risk Assessment ◽  
Scientific Evidence ◽  
International Standards ◽  
Agricultural Products ◽  
Trading Partner ◽  
Negative Externalities ◽  
Import Restrictions ◽  
The Relationship ◽  
Do So

AbstractTrade in agricultural products raises sensitivities, particularly when imports originate from a trading partner experiencing an outbreak of some type of agricultural disease. In this article, we explain why despite the negative externalities associated with diseased imports, an importing country is generally not permitted to ban such imports outright under WTO law. Rather, it is allowed to do so only under specific circumstances. We also highlight how the recent India–Agricultural Products ruling contributes to the jurisprudence of two issues concerning the SPS Agreement: the interpretation of international standards, and the relationship between the risk assessment and scientific evidence requirements.

Independence of Experts and Standards for Evaluation of Scientific Evidence under the SPS Agreement – New Directions in the SPS Case Law

2010 ◽  
Vol 1 (2) ◽  
pp. 183-188 ◽  
Author(s):  
Alessandra Arcuri ◽  
Lukasz Gruszczynski ◽  
Alexia Herwig
Keyword(s):  
Risk Assessment ◽  
Scientific Evidence ◽  
Objective Assessment ◽  
Standard Setting ◽  
Case Law ◽  
Institutional Affiliation ◽  
International Standard ◽  
New Directions ◽  
The Relationship

Under Section II of the Rules of Conduct for the DSU, the institutional affiliation of experts may be considered as an element that casts doubts on their impartiality and independence. Under Articles 5.1 and 5.7 of the SPS Agreement, the level of protection that a particular country is ready to tolerate may inform risk assessment and have an impact on the determination of insufficiency of scientific evidence. In a situation in which there is sufficient scientific evidence for performance of risk assessment in one of the international standard setting-organizations, one may still find insufficiency as provided by Article 5.7 if new data puts into question the relationship between the relevant scientific evidence and the conclusions in relation to risk, thereby not permitting the performance of a sufficiently objective assessment of risk (authors’ headnote).

scholarly journals Sustainable Development in China and Russia: Comparative Legal Research

2021 ◽  
Vol 8 (2) ◽  
pp. 152-167
Author(s):  
X. Fangkun ◽  
N. Symaniuk
Keyword(s):  
Sustainable Development ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Analysis ◽  
Legal Research ◽  
Relevant Today ◽  
The Relationship ◽  
National Systems ◽  
Do So

This article examines the specifics of legal regulation of sustainable development in China and Russia. This topic is exceptionally relevant today since legal regulation of this area should create effective frameworks for the relationship between people and nature. The authors draw attention to the fact that sustainable development is better implemented when it is supported both by international standards and, necessarily, by national laws. The approaches then that China and Russia, both member countries of the BRICS bloc, are taking in implementing sustainable development are of importance, and thus described and contrasted in this study. To do so, the authors apply the comparative legal analysis, which makes it possible to distinguish both the advantages of international and national systems and the disadvantages. Based on their methodology, the authors formulate possible recommendations for each nation.

Home, Sweet Home: Negotiating Intimacy in Brazilian Elitist Closed Condominiums

2020 ◽  
Vol 9 (1) ◽  
pp. 374-395
Author(s):  
Rafael Ignacio Estrada Mejia ◽  
Carla Guerrón Guerron Montero
Keyword(s):  
Collective Mode ◽  
Living Arrangement ◽  
Public Life ◽  
Ethnographic Research ◽  
Social Distinction ◽  
History Of ◽  
Collective Production ◽  
The Relationship ◽  
Do So

This article aims to decrease the cultural invisibility of the wealthy by exploring the Brazilian emergent elites and their preferred living arrangement: elitist closed condominiums (BECCs) from a micropolitical perspective.  We answer the question: What is the relationship between intimacy and subjectivity that is produced in the collective mode of existence of BECCs? To do so, we trace the history of the elite home, from the master’s house (casa grande) to contemporary closed condominiums. Following, we discuss the features of closed condominiums as spaces of segregation, fragmentation and social distinction, characterized by minimal public life and an internalized sociability. Finally, based on ethnographic research conducted in the mid-size city of Londrina (state of Paraná) between 2015 and 2017, we concentrate on four members of the emergent elite who live in BECCs, addressing their collective production of subjectivity. 

Influence of the Intestinal Microbiota on Diabetes Management

2020 ◽  
Vol 21 (15) ◽  
pp. 1603-1615
Author(s):  
Eva Alvarez-Vieites ◽  
Arora López-Santamarina ◽  
José M. Miranda ◽  
Alicia del Carmen Mondragón ◽  
Alexandre Lamas ◽  
...  
Keyword(s):  
Immune System ◽  
Intestinal Microbiota ◽  
Diabetes Management ◽  
Scientific Evidence ◽  
Focused Attention ◽  
Economic Implications ◽  
Experimental Animals ◽  
Low Intensity ◽  
New Treatments ◽  
The Relationship

In recent decades, there has been a very rapid increase in the prevalence of diabetes globally, with serious health and economic implications. Although today there are several therapeutic treatments for this disease, these do not address the causes of the disease and have serious side effects, so it is necessary to seek new treatments to replace or complement the existing ones. Among these complementary treatments, a strong link between the intestinal microbiota and diabetes has been demonstrated, which has focused attention on the use of biotherapy to regulate the function of the intestinal microbiota and, thus, treat diabetes. In this way, the main objective of this work is to provide a review of the latest scientific evidence on diabetes, gathering information about new trends in its management, and especially, the influence of the intestinal microbiota and microbiome on this pathology. It is possible to conclude that the relationship between the intestinal microbiota and diabetes is carried out through alterations in energy metabolism, the immune system, changes in intestinal permeability, and a state of low-intensity systemic inflammation. Although, currently, most of the experimental work, using probiotics for diabetes management, has been done on experimental animals, the results obtained are promising. Thus, the modification of the microbiota through biotherapy has shown to improve the symptoms and severity of diabetes through various mechanisms related to these alterations.

The Andean Tribunal of Justice

2018 ◽  
Author(s):  
Karen J. Alter ◽  
Laurence R. Helfer
Keyword(s):  
Political Crisis ◽  
Community Institutions ◽  
High Profile ◽  
Governmental Support ◽  
Regional Economic Policy ◽  
Limited Power ◽  
Import Restrictions ◽  
The Relationship ◽  
Legal Grounds ◽  
Andean Community

This chapter discusses the Andean Tribunal Justice (the ATJ or Tribunal) and considers how the ATJ has fared during a period of regional political crisis and declining governmental support for Andean Community institutions. The “island” of narrow, intermediate, and extensive authority for intellectual property disputes that developed prior to the mid-2000s is resilient and even thriving, even as the ATJ’s de jure authority has contracted and its de facto authority has been threatened by proposals by Ecuador to merge the Andean Community with MERCOSUR and by politically high-profile noncompliance suits involving Ecuadoran import restrictions. Yet even in these contentious cases, the Andean legal system—backstopped by overlapping constraints of the World Trade Organization (WTO)—pushed Ecuador to offer plausible legal grounds to defend its import restrictions. The chapter concludes by exploring the relationship between the ATJ’s de facto authority and its limited power to shape regional economic policy.

The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Legal System ◽  
Amicus Curiae ◽  
Persons With Disabilities ◽  
Legal Duty ◽  
The Relationship ◽  
Do So

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals Qualitative Risk Assessment of Cybersecurity and Development of Vulnerability Enhancement Plans in Consideration of Digitalized Ship

2021 ◽  
Vol 9 (6) ◽  
pp. 565
Author(s):  
Yunja Yoo ◽  
Han-Seon Park
Keyword(s):  
Risk Assessment ◽  
Safety Management ◽  
International Standards ◽  
Security Risk ◽  
Analytic Hierarchy ◽  
Improvement Plan ◽  
Qualitative Risk Assessment ◽  
Cyber Risk ◽  
Hierarchy Process ◽  
Ship Safety

The International Maritime Organization (IMO) published the Guidelines on Maritime Cyber Risk Management in 2017 to strengthen cybersecurity in consideration of digitalized ships. As part of these guidelines, the IMO recommends that each flag state should integrate and manage matters regarding cyber risk in the ship safety management system (SMS) according to the International Safety Management Code (ISM Code) before the first annual verification that takes place on or after 1 January 2021. The purpose of this paper is to identify cybersecurity risk components in the maritime sector that should be managed by the SMS in 2021 and to derive priorities for vulnerability improvement plans through itemized risk assessment. To this end, qualitative risk assessment (RA) was carried out for administrative, technical, and physical security risk components based on industry and international standards, which were additionally presented in the IMO guidelines. Based on the risk matrix from the RA analysis results, a survey on improving cybersecurity vulnerabilities in the maritime sector was conducted, and the analytic hierarchy process was used to analyze the results and derive improvement plan priority measures.

scholarly journals The Relationship Between Elder Risk Assessment Index Score and 30-Day Readmission From the Nursing Home

2011 ◽  
Vol 39 (1) ◽  
pp. 91-96 ◽  
Author(s):  
Paul Y. Takahashi ◽  
Anupam Chandra ◽  
Stephen Cha ◽  
Aleta Borrud
Keyword(s):  
Risk Assessment ◽  
Nursing Home ◽  
Index Score ◽  
Assessment Index ◽  
The Relationship

Queer citizens and the perils of the neoliberal city: Racialized narratives of homophobic hate crime in Oslo, Norway

Sexualities ◽  
2021 ◽  
pp. 136346072110193
Author(s):  
Henning Kaiser Klatran
Keyword(s):  
Risk Assessment ◽  
Hate Crime ◽  
State Violence ◽  
Structured Interviews ◽  
Mainstream Media ◽  
Lgbt Community ◽  
Lgbt People ◽  
Queer Citizenship ◽  
The Relationship

This article examines the relationship between queer citizenship, state violence and the exclusion of racialized, homophobic ‘others’. Drawing on semi-structured interviews with LGBT people in Oslo, Norway, I investigate the presence of racialization in narratives of homophobic hate crime. The findings suggest that racialization structures narratives of risk assessment among several of the participants. However, in these narratives, racialization often operates through place-specific references, rather than racial and ethnic markers of identity. The narrative work thus displays ambivalence and a disassociation from racism. I argue that these narratives feed on an already established conflation of space, ethnicity, religion and homophobia, to which both mainstream media and part of the LGBT community contribute.

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