Private Regulation and Enforcement within the Single Market’s Legal Framework: The Need for a More Holistic Approach

Author(s):  
Frederick Brouwer
2009 ◽  
pp. 229-258
Author(s):  
Fabrizio Marrella

- In recent years and before the global financial crisis, international law has struggled to regulate the activity of transnational corporations since the latter have greatly expanded their capacity for action on a global scale. Despite numerous efforts by the International Community to agree on a hard law international legal framework, the soft law process has been the primary arena for the regulation of transnational corporations and human rights. In addition, host state control, home state control and international responsibility of directors and companies itself have so far remained the fundamental avenues through which issues of global corporate responsibility have been assessed. ‘Contractualisation' of human rights has also been viewed as a further avenue to control the human rights impact of corporate activity. The UN Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises has generated an impressive stock of report capitalizing on issues well known in specialised international economic law literature. He is raising global awareness and institutionalizing new paradigms of understanding the complex relationship between business and human rights: a matter of vital importance for this century. The work of the UN Special Representative constitutes therefore a step forward towards an holistic approach of contemporary international law.


Author(s):  
Emília Gomes Alves ◽  
Maria da Conceição Pinto Antunes

Este projeto de investigação resultou da intervenção com 271 professores, com a finalidade de sensibilização/formação no âmbito da educação/promoção da saúde, concretamente, da educação para os afetos e a educação sexual. Os objetivos foram: i) conhecer os normativos legais que enquadram a educação sexual em meio escolar; ii) promover a reflexão para melhorar a compreensão e a (in)formação da educação sexual; iii) conceber, dinamizar e avaliar ações (in)formativas de educação sexual. Metodologicamente, o projeto teve como linha de orientação o paradigma de investigação qualitativa, embora não descurando os dados quantitativos. Tendo como ideário a investigação-ação, as atividades foram desenvolvidas recorrendo a métodos e técnicas ativas, que fomentaram a participação dos envolvidos. Realizaram-se quatro cursos de 25h para professores do 1o, 2o e 3o ciclos e educadores de infância, uma ação para professores do ensino secundário, um seminário e três oficinas. Os resultados da investigação confirmaram a importância das atividades realizadas como um importante contributo na (in)formação dos docentes, foi valorizada a abordagem holística atendendo a aspetos biológicos, psicológicos, comunitários e sociais da sexualidade. Deu-se destaque a uma ação educativa afastada de falsas-crenças e preconceitos. Promoveu-se nos educadores competências para a abordagem global da sexualidade.Palavras-chave: Intervenção comunitária. Formação de professores. Educação sexual. Sexualidade.Sexual education- challenges and realities: a project of communitarian intervention in schoolABSTRACTThis project results from an intervention work by 271 teachers and aimed at raising awareness and training in the field of education in the promotion of health, focusing more specifically of the education for the affects of sexual education. The objectives aimed to: i) understand the legal framework of sexual education in schools; ii) promote reflection so as to improve the understanding and (in)formation in sexual education and iii) work towards promoting and evaluating (in)formative workshops in sexual education. Methodologically, the project followed the path of the paradigm ofqualitative investigation, although the quantitative data was not forgotten. Focusing on investigation-action, the activities were developed with the resource of active methods and techniques, fostering the active participation. Four 25-hour courses were held for primary and elementary school, as well as nursery teachers, special education and also a workshop for secondary school teachers, a seminar and three training workshops. The result of the investigation confirmed the importance of these activities as an important contribution in the training of the teachers, stressing the holistic approach due to biological, psychological, communitarian and social aspects of sexuality. Moreover, it stressed the need of a sexual education without any false- belief and prejudice. This project promoted skills towards a holistic approach of sexuality, thus, strengthening the skills for an integrated education.Keywords: Community intervention. Teaching teachers. Sexual education. Sexuality.La educación sexual - retos y realidades: un proyecto de intervención comunitaria en la escuelaRESUMENEste proyecto de investigación se debió a la intervención con 271 profesores, con el objetivo de crear conciencia / capacitación en promoción / educación para la salud, específicamente, por el afecto de la educación y la educación sexual. Los objetivos fueron: i) cumplir con las normas legales que rodean a la educación sexual en las escuelas; ii) promover la reflexión para mejorar la comprensión y la (in) formación de la educación sexual; iii) desarrollar, fomentar y evaluar las acciones (en) la educación sexual formativa. Metodológicamente el proyecto tuvo como pauta el paradigma de la investigación cualitativa, pero sin olvidar a los datos cuantitativos. Tener este tipo de ideas a la investigación-acción, las actividades fueron desarrolladas utilizando métodos y técnicas activas, lo que alentó la participación de los involucrados. Había cuatro cursos de los maestros de primera 25h, los ciclos segundo y tercero y los maestros de jardín de infantes, una acción para profesores de enseñanza secundaria, un seminario y tres talleres. Los resultados de la investigación confirman la importancia de las actividades realizadas como una importante contribución a la formación (en) de los docentes fue valorada enfoque holístico a servir a los aspectos biológicos, psicológicos, sociales y comunitarias de la sexualidad. Se hizo hincapié de distancia a una falsa creencias y prejuicios actividad educativa. Fue promovido a las habilidades de los educadores con el enfoque integral de la sexualidad.Palabras clave: Intervención Comunitaria. La capacitación de los maestros. La educación sexual. Sexualidad.


2019 ◽  
Vol 19 (6) ◽  
pp. 911-937
Author(s):  
Olympia Bekou

The article examines the legal and non-legal responses to tackling non-cooperation with requests issued by the International Criminal Court. Through an examination of the Rome Statute regime as well as the relevant jurisprudence, the paper argues that a shift in the way non-cooperation is dealt with is needed. The article shows both the strengths and limitations of the cooperation system. It concludes that the legal responses of the Court require consistency in order to send a coherent message to non-cooperating States. Ultimately, the article argues that in order to successfully address non-cooperation, it would be important to focus on possible synergies between the legal framework, political tools, actions that are available to States and judicial findings by the Court.


2018 ◽  
Vol 14 (2) ◽  
pp. 283-310
Author(s):  
Matthias Goldmann

Banking Union – Single Supervisory Mechanism – Economic interplay between monetary policy and prudential supervision – Strict separation envisaged by the Single Supervisory Mechanism legal framework – Legal framework does not prevent a more holistic approach – Financial stability is a legitimate consideration for monetary policy-making – Price stability is a legitimate concern for prudential supervision – Challenge to European Central Bank legitimacy and independence – Democratising the European Central Bank


2019 ◽  
Vol 8 (1) ◽  
pp. 109-122
Author(s):  
Adriana Vincenca Padovan ◽  
Margita Selan Voglar

The paper deals with marina operator liability insurance (hereinafter: MOLI) in the context of Croatian and Slovenian insurance law and business practice. The authors analyse, discuss and compare the salient features of MOLI contracts, their standard terms and conditions, scope of coverage and exclusions in Croatian and Slovenian law. The paper describes the relevant business practice in the two Adriatic countries. The analysis is based on the comparative study of the relevant national legislation and private regulation, as well as on the data and documentation gathered by field research, consisting of written questionnaires and live interviews with the representatives of insurance companies and marina operators. Our thesis is that the legal framework in the two observed jurisdictions, as well as the insurers’ private regulation in Croatia and Slovenia are very similar. The aim is to establish the common features of MOLI contracts and of the related practices of marina operators and their insurers in the respective countries and explain the background that has led to the formation of a MOLI product specific for the eastern Adriatic marina industry. Suggestions are given for the improvement of the relevant business practices and administrative requirements regarding the minimum insurance standards imposed on marina operators by the concessioning process.


Intersections ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 120-138
Author(s):  
Gábor Polyák ◽  
Krisztina Nagy

As a global epidemic of the social media age, COVID-19 has also resulted in an ‘infodemic’, which means the uncontrolled spreading of false information about the health situation. Spreading of health information is a special intersection point of the freedom of speech, freedom of science, and the fundamental right to life and health. The paper analyses the European and Hungarian legal framework for health communication from multiple perspectives. Regulatory challenges and solutions differ for professional health communication, commercial communication and health communication by laypeople. As with all forms of misinformation, private regulations of platform operators have a significant regulatory role to play in relation to health disinformation. As a result of the analysis, the paper provides a detailed regulatory map that also covers private regulation solutions and explores the factors that need to be considered when designing a comprehensive future regulation.


2015 ◽  
Vol 30 (4) ◽  
pp. 765-793 ◽  
Author(s):  
Olivia Woolley

The article assesses the United Kingdom’s (uk) legal framework for offshore wind development in light of policy statements of uk Governments that exploitation of this resource should not compromise marine ecosystem functionality. The first part examines the reliance placed on strategic environmental assessment and on permitting for projects to identify and address impacts. It finds that inadequate use has been made of these potentially effective legal tools for preventing ecologically damaging development. The second part considers whether legal requirements for marine spatial planning (Marine and Coastal Access Act 2009) and for improving the condition of Europe’s marine ecosystems (Marine Strategy Framework Directive) bolster the strength of the legal framework for controlling sea uses. It finds encouragement in their holistic approach to regulating the impacts of marine activities, but concludes that they fall short of what would be required to prevent the expansion of the offshore wind sector from causing ecological harm.


2021 ◽  
Vol 13 (9) ◽  
pp. 5280
Author(s):  
Nouf Sahal Alharbi ◽  
Jawaher Haji Alhaji ◽  
Malak Yahia Qattan

The management of healthcare waste requires a sustained and holistic approach involving a range of parties. This is challenging for governments, especially in developing countries, where waste management systems have limited capacities for addressing the issue. Using Saudi Arabia as a case study, this paper followed a multi-method approach, including policy analysis, observation, semi-structured interviews, and a focus group, to explore the country’s healthcare waste management system. The study estimated that Saudi government hospitals across the country, every year, throw away in landfills paper (27,000 tons), plastic (15,000 tons), food (10,000 tons), glass (8000 tons), and metal (7000 tons). Regrettably, all these tons of materials end up in landfills without any form of recycling. A number of challenges were identified, reflecting mainly the lack of a legal framework, waste training, coordination among stakeholders, and social responsibility. This study generated new knowledge about waste management systems by exploring how their performance is shaped by the processes occurring at the policy, organization, and individual levels.


1994 ◽  
Vol 30 (9) ◽  
pp. 229-238 ◽  
Author(s):  
G. Shelef ◽  
Y. Azov ◽  
A. Kanarek ◽  
G. Zac ◽  
A. Shaw

The Greater Tel-Aviv (Dan Region) urban area is composed of seven municipalities producing close to 100 million cubic meters per year (mcmy) of wastewaters, serving a population equivalent of over 1.7 millions. The Dan Region Association of Towns for Sewerage serves the largest population, commercial and tourism center of Israel as well as an important part of its industry. The flow of wastewater in the region is expected to reach some 150 mcmy by the end of this decade due to its intensive growth. Due to the perennial and severe shortage of water, Israel has adopted a national policy of maximizing wastewater reuse, aimed principally at agricultural irrigation of crops without any restrictions (including fruits and vegetables eaten uncooked). The quality requirements for the reclaimed wastewater are quite stringent, due to the fact that a large proportion of the agricultural produce is intended for export to foreign countries. The Dan Region - Third Line scheme is an example of a holistic approach to urban sewerage system integrated with reclamation and agricultural reuse, within an overall policy-making, engineering design, operation, monitoring, surveillance, management, administration and legal framework. It has a combined health, environmental and economical benefit to the urban communities and critical economic and livelihood benefit to the rural community.


2020 ◽  
Vol 68 (7-8) ◽  
pp. 500-509
Author(s):  
Mihajlo Babin ◽  
Goran Radosavljević ◽  
Ivan Đokić

Legal uncertainty represents one of the major impediments to sustainable economic growth of transition countries. Inadequate legal framework is often the source of legal uncertainty and strong impediment to effective rule of law and efficient judiciary. The purpose of this paper is to investigate the effect of penal policy on the prevention of tax indiscipline. The improvement of legal framework and tax discipline creates a synergistic effect for attraction of FDI, enhanced allocation of resources and higher economic growth. The analysis of the shortcomings of the existing legal solution is accompanied by the assessment of the prevailing case law and tax evasion criminalization in the selected European countries. Holistic approach to research allowed for the development of a specific proposal for the enhancement of legal framework and, consequently, the increase of legal certainty with positive effects on the economic growth of Serbia in the medium and long term.


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