Regulatory Organization

Author(s):  
Brian Preston

This chapter examines the institutional organization of environmental regulatory systems. It considers traditional regulatory organization in the executive branch of government as well as the roles played by the legislature, the judiciary, and the fourth integrity branch of government in the regulatory system. The chapter first provides a brief overview of regulatory organization in the modern world before explaining how the legislature shapes the institutional regulatory architecture that governs environmental protection and conservation. It then looks at three internationally prevalent types of executive regulator that are entrusted with protecting and conserving the environment: single versus multiple agencies, integrated versus function agencies, and concentrated versus devolved systems. It also describes the regulatory roles of the judicial branch of government, the fourth (integrity) branch of government, ‘third parties as surrogate regulators’ (environmental non-governmental organizations (NGOs) and community associations, specialist ‘third party surrogate regulators’), and ‘the regulated as regulator’.

2017 ◽  
Vol 21 (4) ◽  
pp. 154-164
Author(s):  
A. N. Gutorova

Non-state factors begin to play more and more significant role in processes of global management. The international non-governmental organizations are on a special place among them (INGO). In the last decade they are growing noticeably. In this regard it is necessary to study the role and the meaning of international non-governmental organizations in the process of global management. It is a vital need of modern science. Attempts to elaborate definition of the concept "international non-governmental organization" were made repeatedly but all developed concepts have certain shortcomings (don't reflect the legal nature of INGO, membership, activity purposes, etc.). The bulk of non-governmental organizations are created for the solution of specific problems or work within a certain perspective. Today these organizations actively deal with issues connected with humanitarian assistance, protection of human rights and environmental protection, providing peace and safety, participate in educational programs, sports projects. They provide analysis and expert assessment of various problems, including global problems, act as mechanism of "early notification" and promote control of international agreements execution. But, without looking, for rather positive role of MNPO in their activity there are also certain problems. INGO is often accused in internal state affairs. Their activity often has politized character.


2017 ◽  
Vol 17 (4) ◽  
pp. 728-747
Author(s):  
Avidan Kent ◽  
Jamie Trinidad

Our article examines the practice of third-party amicus participation before international criminal tribunals (icts) and considers its impact on the efficiency and legitimacy of the international criminal process. Our review focuses on the provenance of third-party interventions, their nature and their impact (if any) on the reasoning of the ict in a given case. We note that a significant proportion of the amicus submissions are from western non-governmental organizations and individuals, rather than from the communities most directly affected by the work of icts. We consider the implications of this finding in the context of the well-documented ‘image problems’ that plague icts. We find that icts tend to manage the participation of third-party amici fairly judiciously, and conclude with some suggestions regarding how the engagement between icts and amici could be improved to enhance both the efficiency and the legitimacy of international criminal proceedings.


2021 ◽  
Vol 2021 (5) ◽  
pp. 78-90
Author(s):  
Stanislav SOKUR ◽  

The article examines current developments of lobbying institutionalization on the state level in European countries from 2014 to 2021, in particular, the definitions of lobbying and lobbyists, their goals, the availability of lobbying registers and the available ways for lobbying by economic stakeholders. Recent legislation on lobbying of Belgium, France, Germany, Ireland, Italy, Lithuania and the United Kingdom is analyzed. The dynamics of the adoption of laws on lobbying in European countries in recent years is demonstrated, given the specifics of the legal regimes of these countries. The article also shows examples of lobbying by economic stakeholders and lobbyists' reporting in accordance with the current legislation of the countries concerned. It has been proven that today the field of lobbying is on the rise, since in the last seven years eight countries in Europe have adopted laws regulating lobbying. Thus, the total growth of countries adopted lobbying regulation by European OECD member-states for the period of last 7 years constituted 67% of overall lobbying regulation by OECD member-states for the previous 75 years. These impressive numbers are expected to increase in the coming years, and it is very important that such lobbying rules to be adopted in accordance with international standards for lobbying regulation. The article also shows practical cases of lobbying and demonstrates that the range of lobbying targets in the modern world is incredibly wide. International organizations such as the United Nations, the Red Cross, Doctors Without Borders, etc. influences transparently policy-making in European countries. Regulation of lobbying legislation allows to influence decision-making to both non-governmental organizations and representatives of the private sector. Thus, there is an articulation and aggregation of interests in societies, which improves the quality of decisions made by public authorities.


Author(s):  
Tianlu YIN ◽  
Zhaojie LIU ◽  
Yanli XU

At present, the increasing trend of medical disputes has become a serious problem in the work of medical institutions, and directly affects the social stability and orderly development of the institutions. We searched the literature on medical disputes and crisis management in China and Australia within PubMed (2010-2019), China Knowledge Network (CNKI, 2010-2019), and Wanfang Data Knowledge Service Platform (2010-2019). There are several drawbacks in the management of hospital medical disputes in China: 1) the knowledge of crisis is unilateral and not systematic; 2) there are too much stereotype thoughts in crisis management; 3) the crisis attribution is too simple; the crisis impact assessment is insufficient. It is worth learning from Australia’s system, including the legal system, relevant non-governmental organizations, and doctor-patient communication. In view of the malpractice existing in China's medical dispute management, Australia's legal system for handling disputes, doctor-patient communication and other aspects are worthy of our reference. In particular, the construction of third-party supervision and mediation institutions and the prevention of doctor-patient disputes should be optimized.


2014 ◽  
Vol 13 (4) ◽  
pp. 603-632 ◽  
Author(s):  
LIESBETH CASIER ◽  
ROBIN FRASER ◽  
MARK HALLE ◽  
ROBERT WOLFE

AbstractFossil fuel subsidies undermine efforts to mitigate climate change, and they damage the trading system. Multilateral discussion is hampered by inconsistent definitions and incomplete data, which could increase the risks of WTO disputes. Members do not notify such subsidies as much as they should under the Agreement on Subsidies and Countervailing Measures (ASCM), which limits the usefulness of the SCM Committee. The reports of the Trade Policy Review Mechanism on individual countries and on the trading system draw on a wider range of sources, creating an opportunity for non-governmental organizations (NGOs) to provide the missing data from publicly available sources. We suggest a new template that could be used for such third-party notifications. The objective is to shine a light on all fossil fuel subsidies that cause market distortions, especially trade distortions. The result should be better, more comparable data for the Secretariat, governments, and researchers, providing the basis for better-informed discussion of the incidence of fossil fuel subsidies and rationale for their use.


2021 ◽  
pp. 001083672110471
Author(s):  
Emma Elfversson ◽  
Desirée Nilsson

Why are some peace processes in communal conflicts more inclusive of civil society actors than others? Inclusion of civil society actors, such as churches and religious leaders, women’s organizations, or youth groups, is seen as important for normative reasons, and studies also suggest that civil society inclusion can improve the prospects for durable peace. Yet, we have a very limited understanding of why we observe inclusion in some communal conflicts but not others. We address this gap by theorizing about various forms of civil society inclusion in local peace processes, and examining to what extent involvement by different types of third-party actors—governments, inter-governmental organizations (IGOs), and non-governmental organizations (NGOs)—may contribute to inclusion. Empirically, we draw on a combination of cross-case and in-depth data covering peace negotiations in communal conflicts in Kenya. The findings show that civil society was less frequently included as facilitators when the government was involved as a third party, while inclusion in the form of direct participation of civil society in negotiations, or via involvement in the implementation phase, was equally common across different types of third-party actors. Our study thus provides important new insights regarding how inclusion plays out in communal conflicts.


2020 ◽  
Vol 10 (6) ◽  
pp. 178-183
Author(s):  
Aleksander Sapiński ◽  
Sabina Sanetra-Półgrabi ◽  
Anna Nastuła

The purpose of this article is to present the importance of NGO partnerships within civil society. The idea of partnership has become a megatrend in the modern world, which seems to permeate various areas of social, economic, military and even family life.  There are three main values that form the foundation of NGO partnerships in the field of security: trust, cooperation and reciprocity. Building pro-social concepts in the area of security, which will be embedded in a model based on the above-mentioned values. They are a supported search of the literature and practice of the plane for due development of new concepts, but also a place for open minds. It can therefore be concluded that the NGO acts as a bridge in the structure of the socioeconomic security system. Creating and enabling organizations to connect and enable them to achieve specific tasks and goals also creates new conditions for improving partnership networks. The organization of research work for the following text was based on the analysis of legal acts related to the objectives of sustainable development, the literature on the subject and documents resulting from the practice of economic life


2016 ◽  
Vol 32 (3) ◽  
pp. 95-102 ◽  
Author(s):  
Veena Looknanan Brown ◽  
Mark J. Kohlbeck

ABSTRACT Due to increased interest in sustainability from non-governmental organizations (NGO), investors, and other stakeholders, many companies prepare sustainability reports, sometimes with third-party assurance as to the veracity of their claims. This instructional case provides a challenging and enriching experience for students in which the provision of assurance services on nonfinancial sustainability reporting is addressed. The case involves determining the procedures necessary to provide assurance on a sustainability report where procedures are non-standard and may vary substantially from client to client. To arrive at a solution, students are required to familiarize themselves with sustainability reporting in general and use judgment in deciding the most appropriate type of assurance and related procedures to provide. Students are also asked to discuss a number of related topics including the need for assurance in this area and auditor independence issues. This instructional resource provides students with an opportunity to gain an understanding of sustainability reporting and assurance. The case is appropriate for upper-division undergraduate and graduate auditing courses in which assurance services other than audits are discussed and can be assigned on an individual or group basis for out-of-class preparation, followed by in-class discussion.


Author(s):  
Viacheslav Tsivatyi

The article is analyzed and systematized Romanian activity of non-governmental agencies, as a tool for promoting national interests in the Black Sea region; and experience Bucharest promotion of regional initiatives at the level of non-governmental organizations during the period of 2006-2018. The attention to the experience of Ukraine in communicating with non-governmental organizations. It is characterized by the example of Romania features and forms of implementation unofficial diplomacy (diplomacy governmental actors) in contemporary international relations and the role of unofficial diplomacy in resolving international conflicts. The relevance of the study is determined not only by the intensification of the policy of Romania in the Black Sea region with the promotion of the interests of the EU, the U.S.A and NATO, but it is also determined by the Russian factor in the context of recent events in Ukraine, as well as by the presence for a long time a number of problems in the Ukrainian-Romanian relations and by the need of the complex and generalized approach to solution of these problems. Given the objective interest of Romania to maintain stability on its eastern border and to prevent the emergence of new factors that can have an adversely affect on the achievement by Bucharest of its long-term interests on the Republic of Moldova, the Romanian side is likely to use the restraint – positive rhetoric concerning Ukraine avoiding public critical evaluations of certain political events in our country. The conclusions note that Ukraine's policy in relations with Romania should be to maximize the use of existing and, if necessary, create new mechanisms to ensure the national interests of our state, in particular, international instruments / instruments of influence on the policy of Romania that already exist or may arise as a result of Romania's cooperation with third countries and its activities in international organizations.  Pay particular attention to the search for common interests and opportunities for Ukraine-Romania cooperation in the framework of the development of Ukraine's relations with the EU, NATO, as well as within the framework of the organizations with which both countries are members. In 2016-2018, the very activity of non-governmental actors (diplomacy of non-governmental actors) and their diplomatic tools in the globalized polycentric modern world should become an important factor in the development of the Romanian-Ukrainian bilateral relations. Keywords: foreignpolicy, diplomacy, diplomacy model, national interests, institutionalization, diplomacy of non-governmentalactors, Romania, Ukraine


2020 ◽  
Vol 22 (2) ◽  
pp. 205-221
Author(s):  
Alexander E. Konkov

This article is devoted to the study of Russian perception of soft power, which was initially conceptualized within the American political theory and is still being discussed in terms of its application to real political relations in the modern world. Scientific novelty of the article lies in identifying, based on retrospective analysis of Russian language publications on soft power, gradual shift from descriptive approach to soft power as exclusive instrument of American foreign policy towards an emerging independent category of Russian soft power. The latter incorporates perceptions about the ability of the state to rely on the most effective social structures in interaction, first of all, with external actors, which, however, can also have a domestic civil dimension in terms of expanding the tools for latent management of social processes. Besides considering the publication dynamics in scientific journals, the author also analyzes the gradual entry of the concept of soft power into discourse of real Russian politics through the public rhetoric of country’s top leadership and strategic foreign policy documents. Initially, Russian priorities articulated through the search for mechanisms to resist soft power from the outside. Later a consecutive postulate emerged to develop sovereign soft power instruments, based on the active engagement of civil society institutions into foreign policy process. Activation of latter, as well as the growing practices of different countries in building relations with non-governmental organizations in the implementation of their national interests, are becoming important factors to encourage government efforts for soft power. Russian experience demonstrates a two-way process in search for the corresponding national model: while the state expresses interest in developing additional mechanisms that support its policy in the international arena, the society demonstrates a demand for increasingly universal forms of self-realization in a competitive global market.


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