Legal aspects of health implications caused by environmental distress

The article tries to explore legal consequences in cases where the environmental distress causes health implications for individuals. The author begins with the observations from two different angles, that is ex ante and ex post actions. Both approaches differ substantively, since the ex ante approach is applied by state authorities (command-and-control approach, de iure imperii acts), while the ex post approach is by a general rule initiated by individuals against polluters/state. Both approaches are discussed considering the application of EU rules and beyond (ECHR, Aarhus convention). The main emphasis is given to one of the biggest problems, that is the issue of causality, which discourages many plaintiffs from claiming damages. For the so-called post–industrial risks the conventional rules of causality do not suffice, which is why certain courts proposed that changes in this respect are necessary. In addition, the role of NGOs is emphasised, since the NGO can, especially in the ex ante approach, achieve better effects, especially when locus standi is assured.

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Overview and General Preconditions

Resolution and Insolvency of Banks and Financial Institutions ◽

10.1093/oso/9780198703587.003.0012 ◽

2016 ◽

Author(s):

Michael Schillig

Keyword(s):

Institutional Framework ◽

Financial Contracts ◽

Resolution Process ◽

Ex Post ◽

Ex Ante ◽

And Control

The chapter provides an overview of the available resolution tools and powers in the jurisdictions under consideration. The remainder of the chapter focuses on the general preconditions for and effects of resolution proceedings, It covers the resolution triggers, notably the so-called ‘regulatory threshold’, and discusses the institutional framework for the initiation and control of the resolution process. Further key considerations are the independent ex ante and ex post valuations of the institution at issue and the write-down and conversion of capital instruments, as well as the general effects of resolution proceedings on the financial contracts to which the institution is a party.

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Incorporation Rules

Review of Law & Economics ◽

10.1515/rle-2012-0017 ◽

2014 ◽

Vol 10 (1) ◽

pp. 1-30

Author(s):

Adi Ayal ◽

Yaad Rotem

Keyword(s):

Capital Structure ◽

Legal Theory ◽

Liability Rule ◽

Heterogeneous Preferences ◽

Legal Personality ◽

Ex Post ◽

Ex Ante ◽

And Control ◽

Property Rule

AbstractFollowing Calabresi and Melamed, legal theory has employed the property rule/liability rule distinction in order to hone our understanding of existing norms, as well as suggest new ones. This paper suggests an addition to the pantheon in the form of a protocol that we call an “Incorporation Rule”. It is a novel mechanism allowing private parties and courts to combine property rule and liability rule protection where both apply to the same entitlement. Incorporation Rules allow for separating the effects of intertwined property and liability rules, focusing on ex-ante voluntary determination of levels of protection usually adjudicated ex-post. Under the protocol, the entitlement is transferred to a special-purpose corporate vehicle, which then issues tailor-made securities to the owner of the entitlement and to the potential buyer or rivalrous user. In this manner, the entitlement is split along the contours of three basic corporate instruments – heterogeneous capital structure, separation of ownership and control, and an independent legal personality. By relying on these known-and-tested corporate mechanisms, risk and transaction costs are minimized, enforcement is improved, and heterogeneous preferences of individuals can be accommodated. The Incorporation Rule protocol thus allows for flexibility in protecting entitlements while facilitating efficient exchange.

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Steering International NGOs through Time: The Influence of Temporal Structuring in Government Accountability Requirements

Nonprofit Policy Forum ◽

10.1515/npf-2014-0016 ◽

2015 ◽

Vol 6 (1) ◽

pp. 59-90 ◽

Cited By ~ 2

Author(s):

Grace Chikoto

Keyword(s):

Nonprofit Organizations ◽

Qualitative Interview ◽

Government Accountability ◽

International Nongovernmental Organizations ◽

Ex Post ◽

International Ngos ◽

Ex Ante ◽

Temporal Structures ◽

And Control ◽

Accountability Practices

AbstractRelying on qualitative interview data from three U.S.-based government-funded international nongovernmental organizations (INGOs), this article explores the temporal structuring, that is, the timing of governmental accountability requirements and their impact on nonprofit organizations. The article reports that, entrenched within government accountability requirements and expectations are temporal structures that serve as powerful levers for influencing, ensuring, and verifying INGOs’ financial integrity and stewardship of the federal dollars awarded to them. The article draws the following conclusion: that government’s accountability practices are operationalized through ex ante, mid-course, and ex post temporal structures, all of which, combined with verification and explanatory accountability processes, effectively serve to steer, direct, and control the managerial and operational decisions of INGOs.

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EX-ANTE and EX-POST Model Applied to the Portuguese Air Force Flying Regime

Organizational Integration of Enterprise Systems and Resources ◽

10.4018/978-1-4666-1764-3.ch010 ◽

2012 ◽

pp. 164-181 ◽

Cited By ~ 7

Author(s):

Carlos Páscoa ◽

António Alves ◽

José Tribolet

Keyword(s):

Corporate Governance ◽

Air Force ◽

Operational Experience ◽

Academic Knowledge ◽

Advantages And Disadvantages ◽

Business Applications ◽

Ex Post ◽

Ex Ante ◽

Definition Of ◽

And Control

In order to be able to plan, execute, and control its activities to achieve the desired results, it is essential that organizations tie together the academic knowledge and the operational experience by utilizing proven scientific theories in the organization executables. There are several theories about how to frame the models of corporate governance according to different perspectives; there are advantages and disadvantages in the adoption of each of them. The more or less complete dimension when related to the scope of each model is also an important aspect in its use and disclosure. The EX-ANTE and EX-POST model proposes a set of concepts that allow for the co-existence of mechanisms of access control and registration and validation, being the governance of the system based on four architectures: strategic, business, applications and technology. The model that the Portuguese Air Force uses for the definition of its annual flying hours regime includes five well-defined phases that may improve the level of coverage if the listed security mechanisms, control and audit, recommended in the Model EX-ANTE and EX-POST, are considered.

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