2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.


Author(s):  
Scott Burris ◽  
Micah L. Berman ◽  
Matthew Penn, and ◽  
Tara Ramanathan Holiday

Chapter 20 explores the strategic reasons why entities may challenge public health laws, and uses the R.J. Reynolds Tobacco Company v. FDA case to walk through the steps of a legal challenge to a public health law. The chapter also identifies the attorneys involved in defending public health laws on behalf of local, state, and federal government entities and explains how legal technical assistance from public health organizations can support their efforts. Finally, the chapter defines the role of amicus curiae briefs and how they may effectively contribute to the defense of public health laws and regulations.


Author(s):  
Martin Mennecke

Universal jurisdiction permits states to investigate and prosecute perpetrators of certain widely condemned offences, irrespective of whether they possess any of the traditional territorial, nationality, or other jurisdictional links to the offence. As a legal principle, African states accept the principle of universal jurisdiction, but in the past decade they have pushed back against it due to the perception that the courts of various European states have unfairly targeted African government officials that they perceive as enemies. Against this background, the chapter examines the status of the universal jurisdiction debate and how it relates to the role of the International Criminal Court and that of the African Union and its member states, in addition to evaluating the proposals made by African states within the framework of the United Nations to address the African government concerns about double standards in the application of universal jurisdiction through a special ad hoc committee of the General Assembly.


2020 ◽  
Vol 29 (21) ◽  
pp. 1296-1297
Author(s):  
Richard Griffith

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the role of the nearest relative, a statutory friend, appointed for patients detained under the Mental Health Act 1983


2020 ◽  
pp. 1-11
Author(s):  
Pratik DIXIT

There is no time more opportune to review the workings of the International Health Regulations (IHR) than the present COVID-19 crisis. This article analyses the theoretical and practical aspects of international public health law (IPHL), particularly the IHR, to argue that it is woefully unprepared to protect human rights in times of a global public health crisis. To rectify this, the article argues that the IHR should design effective risk reduction and response strategies by incorporating concepts from international disaster law (IDL). Along similar lines, this article suggests that IDL also has a lot to learn from IPHL in terms of greater internationalisation and institutionalisation. Institutionalisation of IDL on par with IPHL will provide it with greater legitimacy, transparency and accountability. This article argues that greater cross-pollination of ideas between IDL and IPHL is necessary in order to make these disciplines more relevant for the future.


Author(s):  
Kathrin Cresswell ◽  
Sarah Cunningham-Burley ◽  
Aziz Sheikh

BACKGROUND The emergence of robotics is transforming industries around the world. Robot technologies are evolving exponentially, particularly as they converge with other functionalities such as artificial intelligence to learn from their environment, from each other, and from humans. OBJECTIVE The goal of the research was to understand the emerging role of robotics in health care and identify existing and likely future challenges to maximize the benefits associated with robotics and related convergent technologies. METHODS We conducted qualitative semistructured one-to-one interviews exploring the role of robotic applications in health care contexts. Using purposive sampling, we identified a diverse range of stakeholders involved in conceiving, procuring, developing, and using robotics in a range of national and international health care settings. Interviews were digitally recorded, transcribed verbatim, and analyzed thematically, supported by NVivo 10 (QSR International) software. Theoretically, this work was informed by the sociotechnical perspective, where social and technical systems are understood as being interdependent. RESULTS We conducted 21 interviews and these accounts suggested that there are significant opportunities for improving the safety, quality, and efficiency of health care through robotics, but our analysis identified 4 major barriers that need to be effectively negotiated to realize these: (1) no clear pull from professionals and patients, (2) appearance of robots and associated expectations and concerns, (3) disruption of the way work is organized and distributed, and (4) new ethical and legal challenges requiring flexible liability and ethical frameworks. CONCLUSIONS Sociotechnical challenges associated with the effective integration of robotic applications in health care settings are likely to be significant, particularly for patient-facing functions. These need to be identified and addressed for effective innovation and adoption.


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