scholarly journals Annex 4: Inventory of relevant EU legal and regulatory instruments for border management

2021 ◽  
pp. 251-259
Author(s):  
Alessandra Calvi
Water ◽  
2021 ◽  
Vol 13 (13) ◽  
pp. 1756
Author(s):  
Jania Chilima ◽  
Jill Blakley ◽  
Harry Diaz ◽  
Lalita Bharadwaj

Conflicts around the multi-purpose water uses of Lake Diefenbaker (LD) in Saskatchewan, Canada need to be addressed to meet rapidly expanding water demands in the arid Canadian prairie region. This study explores these conflicts to advance collaborative planning as a means for improving the current water governance and management of this lake. Qualitative methodology that employed a wide participatory approach was used to collect focus group data from 92 individuals, who formed a community of water users. Results indicate that the community of water users is unified in wanting to maintain water quality and quantity, preserving the lake’s aesthetics, and reducing water source vulnerability. Results also show these users are faced with water resource conflicts resulting from lack of coherence of regulatory instruments in the current governance regime, and acceptable management procedures of both consumptive and contemporary water uses that are interlinked in seven areas of: irrigation, industrial, and recreational water uses; reservoir water level for flood control and hydroelectricity production; wastewater and lagoon management; fish farm operations; and regional water development projects. As a means of advancing collaborative planning, improvements in water allocation and regulatory instruments could be made to dissipate consumptive use conflicts and fill the under-regulation void that exists for contemporary water uses. Additionally, a comprehensive LD water use master plan, as a shared vision to improve participation in governance, could be developed to direct the water uses that have emerged over time. This study suggests that these three areas are practical starting conditions that would enable successful collaborative planning for the seven areas of water uses. Focusing on these three areas would ensure the current and future needs of the community of water users are met, while avoiding reactive ways of solving water problems in the LD region, especially as the water crisis in the Canadian Prairie region where LD is located is expected to intensify.


2021 ◽  
pp. 1-17
Author(s):  
Philip J. Stern

Abstract This article explores the various roles that alcohol played in defining the governance of East India Company fortifications and settlements in the seventeenth and early eighteenth centuries. It argues that, much like elsewhere in Europe, Asia, and the colonial world, alcohol was absolutely crucial to political and social life, as well as a source of great revenue and profit for both the Company and individuals who worked for it. At the same time, it was a cause of immense anxiety and concern for Company government, which understood the use (and overuse) of alcohol as a principal sign of potential disorder and disobedience. Far from a contradiction, this ambivalence towards alcohol formed a foundation for a variety of regulatory instruments, from tavern licences to taxation, that were crucial to the establishment of early Company governance and a prime reflection of the Company's very own ambivalent nature as both merchant and sovereign.


2021 ◽  
Vol 21 (2) ◽  
pp. 147-173
Author(s):  
Gerard Porter ◽  
Anita Kotwani ◽  
Lovleen Bhullar ◽  
Jyoti Joshi

This article assesses the regulatory framework relating to over-the-counter (OTC) sales of antibiotics for human use in India. The OTC sale of antibiotics is recognised as a pathway for the emergence of antimicrobial resistance (AMR); a serious public health challenge in need of urgent regulatory responses. Analytically, this article identifies opportunities within existing laws in India and highlights gaps that need to be filled by modifying existing laws or developing new ones. Conceptually, it suggests a need to reflect on the limits of traditional, top-down, ‘command-and control’ regulation and to think about alternative approaches. The article therefore advocates for an approach to regulation that incorporates two elements. First, it argues for a broader concept of regulation that encompasses binding as well as non-binding regulatory instruments and initiatives aimed at influencing stakeholder behaviour (including soft regulation, economic incentives, information campaigns and uses of technology). Second, it makes the case for enhanced stakeholder participation in regulatory design. The article will be relevant for health policy and drug regulators in India and other low- and middle-income countries, as well as legal scholars, social scientists and others interested in the regulation of OTC sales of antibiotics for AMR containment.


2018 ◽  
Vol 36 (2) ◽  
pp. 221-233 ◽  
Author(s):  
Alistair Brown

Purpose The purpose of this paper is to assess the level of reporting compliance achieved by the National Housing Corporation (NHC) of Papua New Guinea in terms of local indigenous reporting expectations. Design/methodology/approach Testing of a framework of indigenous accountability through indigenous enactments and regulations is conducted by textual analysis, which is informed by the theory of indigenous alternatives to assess the financial reporting compliance of the NHC of Papua New Guinea’s financial statements for years ending 2004-2013. Findings Documentary evidence of the state auditor reports of the NHC’s financial statements reveals that the corporation’s financial reports are not submitted for audit on a timely basis and receive disclaimed audit opinions. Despite the clear indigenous reporting expectations raised by local legislative and regulatory instruments, the NHC is unable or unwilling to provide an accurate account of their activities. Practical implications The lack of compliant reporting suggests that the planning, management and monitoring of the housing needs of residents of Papua New Guinea are compromised. There also appears merit in asking why parliament continues to fund the corporation given its difficulties in meeting local-level reporting expectations. Social implications The results have wider implications for the reporting ideologies of indigenous-run housing corporations operating in other developing countries. It might be fruitful to meet local reporting expectations before taking on the specialized reporting that accompanies introduced western-oriented policies on housing. Originality/value Accountability in relation to indigenous property management is constructed through a lens of reporting issues facing a developing country housing corporation.


2004 ◽  
Vol 6 (3) ◽  
pp. 1-20 ◽  
Author(s):  
Magali Delmas ◽  
Alfred Marcus

This paper compares the economic efficiency of firm-agency governance structures for pollution reduction using transaction costs economics. Two governance structures are analyzed with the transaction costs approach: command and control regulation (CCR) and negotiated agreements (NAs). We propose that the choice of governance structure depends on the strategies firms pursue given the attributes of their transactions and their market opportunities. The application of transaction cost economics analysis leads to different choices of regulatory instruments. Firms in more mature, stable industries are likely to choose command and control, while firms in new, dynamic sectors are more likely to opt for negotiated agreements. Frequency of transactions is a key factor in firm choice.


2008 ◽  
Vol 19 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Lynne Chester

With the ascendancy of neoliberalism, the Australian state has not only remained strongly interventionist but has also expanded its sphere of influence and scope of activity. This is contrary to claims of a reduced, withered or slimmed neoliberal state. The Australian state's interventions have become increasingly varied in the overwhelming pursuit of structural competitiveness. It has developed an extensive ‘micro-structuring’ role, particularly through the creation of new regulatory instruments and institutions, but has not relinquished its economic ‘macro-structuring’ role notwithstanding changes to macroeconomic policy priorities. The Australian state's interventions have shaped all institutional forms comprising the mode of régulation that guides and supports the accumulation regime. This article discusses the reconfiguration of the Australian state and the forms of its ongoing interventions which have secured and sustained the contemporary growth regime.


2009 ◽  
Vol 16 (3) ◽  
pp. 271-290 ◽  
Author(s):  
Emilia Korkea-Aho

New modes of governance are proliferating at all levels, most prominently in the EU. One main characteristic of new governance is adjustability and revisability in the form of soft law. The non-binding nature of soft law is said to contribute to flexibility and diversity in Member States and to secure national autonomy. However, this article argues that while soft law may not be legally binding, it nevertheless has legal effects that throw flexibility and diversity of national action into doubt. Beginning by demonstrating that soft law may have discernible effects on practices in Member States, at the same time restricting Member State choices, the article goes on to develop a categorisation of those effects and to document them in detail. These are: judicial recognition by the European courts, explicit terms of soft law instruments, which demand special types of national implementing measures, the role played by non-state actors, and hybrid forms of regulatory instruments comprising soft and hard law provisions. The analysis shows a need to add variety to existing research on EU soft law, which has traditionally focused on the role of the judiciary in giving legal effects to soft law. Instead, we should be more attentive to the other three factors when discussing soft law. Besides the more holistic approach, research should also analyse soft law in a more case-specific manner in order to fully grasp the implications of choice of soft law in a domestic legal system.


2021 ◽  
Author(s):  
Louis Bengyella ◽  
Mohammed Q.O. Ali ◽  
Piyali Mukherjee ◽  
Dobgima J. Fonmboh ◽  
John E. Kaminski

Abstract The intrinsic signatures of Cannabis species to bioaccumulate non-essential harmful heavy metals (HMs) are substantially determined by their high tolerance, weedy propensities, phenotypic plasticity attributes, and pedoclimatic stress adaptation in an ecological niche. The detection trends of HMs contaminants in cannabis products have reshaped the 2027 forecast and beyond for global cannabis trade valued at $57 billion. Consumer base awareness for the cohort of HMs contaminants viz., lead (Pb), mercury (Hg), arsenic (As), chromium (Cr), cadmium (Cd), and radioactive elements, and the associative dissuading effects significantly impact cannabis bioeconomy. On the premise that fiber hemp (Cannabis sativa L.) could be repurposed to diverse non-consumable products, concerns over HMs contamination would not significantly decrease fiber trade, a trend that could impact globally by 2025. The economic trend will depend on acceptable consumer risk, regulatory instruments, and grower's due diligence to implement agronomic best practices to mitigate HMs contamination in marketable cannabis-related products. In this unstructured meta-analysis study based on published literature, the application of Cannabis species in HMs phytoremediation, new insights into transportation, distribution, homeostasis of HMs, the impact of HMs on medical cannabis, and cannabis bioeconomic are discussed. Furthermore, a blueprint of agronomic strategies to alleviate HMs uptake by plant is proposed. Considering that one-third of the global arable lands are contaminated with HMs, revamping global production of domesticated cannabis requires a rethinking of agronomic best practices and post-harvest technologies to remove HMs contaminants.


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