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Regulating Municipal Water Supply Concessions
by Yan WeiThis book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.
Regulating Older Drivers: Are New Policies Needed?
by David S. Loughran Seth A. Seabury Laura ZakarasAre older drivers posing increasing risk to the public? If so, what public policies might mitigate that risk? Older drivers (those 65 and older) are slightly likelier than drivers aged 25 to 64 to cause an accident, but drivers aged 15 to 24 are nearly three times likelier than older drivers to do so. The authors of this paper conclude that stricter licensing policies targeting older drivers would likely not improve traffic safety substantially.
Regulating Open Banking: Comparative Analysis of the EU, the UK and Taiwan (Routledge Research in Finance and Banking Law)
by Chang-Hsien Tsai Kuan-Jung PengFinTech transformations have brought changes to the global financial markets and merit the attention of financial regulators across jurisdictions. This book is one of the first ones of its kind to look at open banking (OB). It examines regulatory approaches to OB by taking a broad view of comparative legal systems and through perspectives of transaction costs, public choice, and institutional design. The book looks at the legal implications by engaging in a two-tiered comparative analysis: comparing between compulsory and voluntary approaches to OB policies and comparing the legal systems between the West (i.e., the EU and the UK) and an Asian economy (i.e., Taiwan).
Regulating Pre-Implantation Genetic Diagnosis: A Comparative and Theoretical Analysis (Biomedical Law and Ethics Library)
by Sheila A.M. McLean Sarah EllistonThe successful achievement of pregnancies following pre-implantation genetic diagnosis (PGD) was first reported in April 1990. The technology is often used for patients who are at substantial risk of conceiving a pregnancy affected by a known genetic disorder, however from this technology other more controversial uses have arisen such as HLA typing to save the life of a sibling, gender selection for social reasons, the prevention of late onset diseases, or the prevention of diseases which may be genetically predisposed to developing such as breast cancer. The technology surrounding PGD is constantly developing, giving rise to new and unexpected consequences that create fresh ethical and legal dilemmas. Featuring internationally recognized experts in the field, this book critically explores the regulation of PGD and the broader legal and ethical issues associated with it. It looks at the regulatory situation in a number of jurisdictions including New Zealand, Australia and the United Kingdom, but it also explores a number of themes of wide significance including a historical consideration of PGD and its part in the creation of the "genetic embryo" as a political tool, the over regulation of PGD and the ethical difficulties in handling additional unexpected medical information yielded by new technologies. This book will be of particular interest to academics and students of law, medicine and ethics.
Regulating Preventive Justice: Principle, Policy and Paradox
by Sarah Murray Simon Bronitt Tamara Tulich Rebecca Ananian-WelshLike medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University
Regulating Private Military Companies: Conflicts of Law, History and Governance
by Katerina GalaiThis work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a ‘shared governance'. It reflects states’ reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.
Regulating Refugee Protection Through Social Welfare: Law, Policy and Praxis
by Peter BillingsThis book analyses the use and abuse of social welfare as a means of border control for asylum seekers and refugees in Australia. Offering an unparalleled critique of the regulation and deterrence of protection seekers via the denial or depletion of social welfare supports, the book includes contributions from legal scholars, social scientists, behavioural scientists, and philosophers, in tandem with the critical insights and knowledge supplied by refugees. It is organised in three parts, each framed by a commentary that serves as an introduction, as well as offering pertinent comparative perspectives from Europe. Part One comprises three chapters: a rights-based analysis of Australia’s ‘hostile environment’ for protection seekers; a searing critique of welfare policing of asylum seekers as ‘necropolitics’; and a unique philosophical perspective that grounds scrutiny of Australia’s policing of asylum seekers. Part Two contains five chapters that uncover and explore the lived experiences and adverse impacts of different social welfare restrictions for refugee protection seekers. Finally, the chapters in Part Three offer distinct views on human rights advocacy movements and methods, and the scope for resistance and change to the status quo. This book will appeal to an international, as well as an Australian, readership with interests in the areas of human rights, immigration and refugee law, social welfare law/policy, social work, and public health.
Regulating Religion: State Governance of Religious Institutions in South Africa (ICLARS Series on Law and Religion)
by Helena Van CollerThis book focuses on government regulation of religious institutions in South Africa. PART 1 explains the meaning of government regulation for religious communities by providing a brief overview of the relationship between church and state, the right to freedom of religion and the legal status of religious organisations. With reference to case examples, this section highlights the importance of religious autonomy and the right to self-determination of religious institutions and non-interference by the state in the internal affairs of the organisation. No fundamental rights are however absolute and the section concludes with a discussion on the limitation of rights and an overview of the relevant constitutional provisions and anti-discrimination laws in place relevant to religious organisations, in the context of equality and non-discrimination. PART 2 discusses in more detail the daily rights, responsibilities and freedoms associated with the right to freedom of religion within some specific spheres of society where regulation of religion has occurred or are necessary or has proved to be problematic. It includes those related to the role of religion in society; the relations between religion and state institutions; education; finance; family matters; employment law; planning law; broadcast media and general governance issues.
Regulating Religion in Asia: Norms, Modes, and Challenges
by Jaclyn L. Neo Arif A. Jamal Daniel P. GohIn recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.
Regulating Reproductive Donation
by Golombok, Susan and Scott, Rosamund and Appleby, John B. and Richards, Martin and Golombok, Susan and Scott, Rosamund and Appleby, John B. and Richards, Martin and Wilkinson, Stephen Wilkinson, Stephen Susan Golombok Rosamund Scott John B. Appleby Martin Richards Stephen WilkinsonThe emergence of new empirical evidence and ethical debate about families created by assisted reproduction has called into question the current regulatory frameworks that govern reproductive donation in many countries. In this multidisciplinary book, social scientists, ethicists and lawyers offer fresh perspectives on the current challenges facing the regulation of reproductive donation and suggest possible ways forward. They address questions such as: what might people want to know about the circumstances of their conception? Should we limit the number of children donors can produce? Is it wrong to pay donors or to reward them with cut-price fertility treatments? Is overseas surrogacy exploitative of women from poor communities? Combining the latest empirical research with analysis of ethics, policy and legislation, the book focuses on the regulation of gamete and embryo donation and surrogacy at a time when more people are considering assisted reproduction and when new techniques and policies are underway.
Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives (Social Justice Ser.)
by Rosie HardingRegulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area where the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments. Drawing on, and developing, the concept of ‘legal consciousness’, Regulating Sexuality focuses on four different ‘texts’: qualitative responses to a large-scale online survey of lesbians’ and gay men’s views about the legal recognition of same sex relationships; published auto/biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality.
Regulating Short Food Supply Chains in the EU (Studies in European Economic Law and Regulation #28)
by Mirta AlessandriniThis volume presents a thorough analysis of the concept and role of Short Food Supply Chains (SFSCs) within the EU legal framework with a two-fold aim: first, it shows the pitfalls of the current legal scenario, which often limits alternatives rather than promoting them, and second, it provides a new conceptualisation for SFSCs under EU law by delineating and integrating all their distinctive features. Agricultural landscapes in the EU are now undergoing fundamental changes, revealing an increasing interest in SFSCs as a tool for promoting both local products and their food systems. Despite being the backbone of the EU agricultural system, SFSCs’ position in the current socioeconomic narrative has not been sufficiently fostered. In response, the book traces how SFSCs have historically been dealt with under the agricultural rules of the CAP, and to a much lesser extent, those relating to internal market food law, delving into the intricate relationship between agricultural and food law. The integration of these two disciplines into an agri-food law domain represented a pivotal shift in legal discourse, in particular in the context of SFSC regulation. The legal analysis extends its scope to encompass spatial and historical dimensions, enriching the contextual understanding of regulatory frameworks over time and across geographical boundaries. This new conceptualisation does not aim to establish a universal, ‘set-in-the-stone’ legal definition for SFSC applicable across disciplines. Rather, it seeks to identify common themes and key features among various SFSC initiatives. These themes serve as the foundation for determining a set of minimum legal requirements for the recognition and valorisation of SFSC initiatives at the EU level, which Member States can then tailor to their specific needs. The goal is to lay the groundwork for developing a concept that can be effectively operationalised across different sectors and geographical dimensions. The book makes a substantial contribution to the current academic debate, filling a significant gap in the existing CAP literature. On the one hand, it provides the first comprehensive and systematic analysis of all the measures that have addressed small farmers and SFSCs, from the CAP reforms up to the present day. On the other, by adopting a new multidisciplinary perspective encompassing legal, sociological, and agri-food studies, it raises new questions on the role of short supply chains in light of the Farm to Fork Strategy and beyond.
Regulating Social Housing: Governing Decline
by David Cowan Morag McDermontDrawing upon Foucauldian analyzes of governmentality, the authors contend that social housing must be understood according to a range of political rationalities that saturate current practice and policy. They critically address the practice of dividing social from private tenure; situating subjects such as the purpose and financing of social housing, the regulation of its providers and occupiers and its relationship to changing perceptions of private renting and owner-occupation, within the context of an argument that all housing tenures form part of an understanding of social housing. They also take up the ways in which social housing is regulated through the invocation and manipulation of obscure notions of housing ‘need’ and ‘affordability’, and finally, they consider how social housing has provided a focus for debates about sustainable communities and for concerns about anti-social behaviour. Regulating Social Housing provides a rich and insightful analysis that will be of value to legal scholars, criminologists and other social scientists with interests in housing, urban studies and contemporary forms of regulation.
Regulating Speech in Cyberspace
by Emily B. LaidlawPrivate companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through an ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the west. Regulating Speech in Cyberspace explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights.
Regulating the Collaborative Economy in the European Union Digital Single Market
by Marco IngleseThis book critically assesses how the rise of the collaborative economy in the European Union Digital Single Market is disrupting consolidated legal acquisitions, such as classical internal market categories, as well as the applicability of consumer protection, data protection, and labour and competition law. It argues that the collaborative economy will, sooner or later, require some sort of regulatory intervention from the European Union. This regulatory intervention, far from stifling innovation, will benefit online platforms, service providers and users by providing them with a clearer and more predictable environment in which to conduct their business. Although primarily intended for academics, this book also appeals to a wider readership, including, but not limited to, national and international regulators, private firms and lobbies as well as online platforms, consumer associations and trade unions.
Regulating the End of Life: Death Rights
by Sue WestwoodDeath Rights is a collection of cutting-edge chapters on assisted dying and euthanasia, written by leading authors in the field. Providing an overview of current regulation on assisted dying and euthanasia, both in the UK and internationally, this book also addresses the associated debates on ethical, moral and rights issues. It considers whether, just as there is a right to life, there should also be a right to death, especially in the context of unbearable human suffering. The unintended consequences of prohibitions on assisted dying and euthanasia are explored, and the argument put forward that knowing one can choose when and how one dies can be life-extending, rather than life-limiting. Key critiques from feminist and disability studies are addressed. The overarching theme of the collection is that death is an embodied right which we should be entitled to exercise, with appropriate safeguards, as and when we choose. Making a novel contribution to the debate on assisted dying, this interdisciplinary book will appeal to those with relevant interests in law, socio-legal studies, applied ethics, medical ethics, politics, philosophy, and sociology.
Regulating the International Movement of Women: From Protection to Control
by Sharron FitzGeraldFirst Published in 2013. The relationships between governments and the everyday lives of women has long been the focus of attention among feminists. Feminist scholarship critiques women’s lives, experiences and gender inequality in a variety of contexts. In this age of increased internationalism, we are witness to government attempts to use women’s alleged ‘vulnerability’ to justify its humanitarian interventions. Regulating the International Movement of Women interrogates Western governments’ use of discourses of human vulnerability as a tool to regulate non-Western women’s migration. In this collection of provocatively argued essays, the contributors wish to reclaim the concept of racialised and gendered vulnerability, from its under-theorised, and thus, ambiguous location in feminist theory.
Regulating the Metaverse: A Critical Assessment (Routledge Research in the Law of Emerging Technologies)
by Ignas Kalpokas Julija KalpokienėThe metaverse seems to be on everybody’s lips – and yet, very few people can actually explain what it means or why it is important. This book aims to fill the gap from an interdisciplinary perspective informed by law and media and communications studies. Going beyond the optimism emanating from technology companies and venture capitalists, the authors critically evaluate the antecedents and the building blocks of the metaverse, the design and regulatory challenges that need to be solved, and commercial opportunities that are yet to be fully realised. While the metaverse is poised to open new possibilities and perspectives, it will also be a dangerous place – one ripe with threats ranging from disinformation to intellectual property theft to sexual harassment. Hence, the book offers a useful guide to the legal and political governance issues ahead while also contextualising them within the broader domain of governance and regulation of digital technologies.
Regulating the Metaverse Economy: How to Prevent Money Laundering and the Financing of Terrorism (SpringerBriefs in Law)
by Annelieke MooijThis open access book examines regulating an environment that has no jurisdiction, is fully anonymous and infinitely vast? Welcome to the Metaverse, an online virtual reality that is expected to add billions to the global economy. The Metaverse offers a new type of virtual economy with practically endless business opportunities. The question is how to prevent these opportunities from being abused to commit money laundering and finance terrorism (MLFT). This book explores the current European Union legislation designed to prevent MLFT in connection with the Metaverse. It analyses the legislation in relation to the three traditional stages of MLFT: placement, layering and integration. Furthermore, some additional risks specific to the Metaverse are discussed, such as Non-Fungible Tokens (NFTs) and the high level of anonymity. The book concludes that the current legislation is not suitable for facing the new challenges of the Metaverse. In turn, the book puts forward a novel approach to regulating and enforcing MLFT legislation: using a system of smart assets equipped with AI to prevent and detect MLFT. In addition, it makes recommendations on how to improve the legal framework with regard to the new challenges arising from the Metaverse. Particular attention is given to creating a legal framework that incorporates the use of smart assets and the Internet of Things, in order to provide a safe environment for potential users and society. With a solid background in financial law and technology, the author successfully creates a novel system of regulation and enforcement that is based on the use of automatic enforcement, whilst keeping sufficient legal safeguards in place for potential Metaverse users. This book will be of interest to anyone interested in the Metaverse. Whether you want to regulate it or open your own virtual business, it’s a must-read!
Regulating the Platform Economy: International Perspectives On New Forms Of Work
by Lourdes Mella Méndez Alicia Villalba SánchezThis book analyses novel and important issues relating to the emergence of new forms of work resulting from the introduction of disruptive technologies in the enterprises and the labour market, especially platform work.The first part of the book examines the platform economy and labour market, to address the more general challenges that the recent labour platforms pose for employment and the labour market, while the second part of the book considers the implications of the rise of different ways of work in the enterprises due to the incorporation of technology in a global context. Providing a rich analysis and evaluation of the numerous theoretical and practical regulatory problems arising from constantly developing technology, this book makes important and informed suggestions on how to solve the numerous problems which have arisen. The collection of chapters in this volume are varied and are dealt with from different disciplinary angles, and from a diverse range of countries and legal systems to create an interesting and unique global picture on the topics studied therein. With an international perspective, the book will be of interest to students and scholars of economy and technology law.
Regulating the Sea: A Socio-Legal Analysis of English Marine Protected Areas (Law in Context)
by Margherita PieracciniThis book is the first ever written on English marine conservation regulation from a socio-legal perspective. The monograph presents an in-depth analysis of key aspects of Marine Protected Areas regulation in England, offering the reader access to an under-investigated field. Such regulatory mapping is complemented by an interdisciplinary treatment of the subject exploring the relationship between people and marine parks through central themes in environmental social sciences and regulatory theory, namely space, rationalisation, democracy and adaptation. Thus, the book is of interest to environmental lawyers and regulatory scholars but also to human geographers, environmental sociologists and political scientists. As the book provides critical reflections on current legal and regulatory structures, it contains valuable insights for policymakers and regulators. The book has a strong methodological basis drawing on in-depth desk-based research, complemented by primary qualitative research, conducted over a number of years.
Regulating the Takeover of Chinese Listed Companies
by Juan ChenThis book provides a comprehensive review of the Measures for Administration of Takeover of Chinese Listed Companies (the Chinese takeover law), with emphasis on the differences between the Chinese takeover law and takeover legislation in the UK, the US and Hong Kong. The Chinese M&A market has been booming at an unprecedented rate in recent years; not only domestic investors, but also foreign funds and multinational companies are actively participating on the market. For both market participants and researchers, it is crucial to understand the emerging and transitional aspects of the Chinese economy and its M&A market, and the impacts of those aspects on relevant laws. While there are ongoing academic discussions on the convergence between the Chinese takeover law and its counterparts in the UK, Hong Kong and the US, this book offers a comprehensive discussion of the divergence and focuses on key differences in the transplanted Chinese takeover law.
Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues
by Tania Voon Andrew D. Mitchell Jonathan LibermanThe need to reduce disability and premature deaths from non-communicable diseases (NCDs) is increasingly engaging international organisations and national and sub-national governments. In this book, experts from a range of backgrounds provide insights into the legal implications of regulating tobacco, alcohol and unhealthy foods, all of which are risk factors for NCDs. As individual countries and the international community move to increase targeting of these risk factors, affected industries are turning to national and international law to challenge the resulting regulations. This book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved within the context of international health law, international trade and investment law, international human rights law, international intellectual property law, and domestic laws on constitutional and other matters. Its contributors consider the various tensions that arise in regulating NCD risk factors, as well as offering an original analysis of the relationship between evidence and health regulation. Covering a range of geographical areas, including the Americas, the European Union, Africa and Oceania, the book offers lessons for health and policy practitioners and scholars in navigating the complex legal fields in which the regulation of tobacco, alcohol and unhealthy foods takes place.
Regulating Trade in Services in the Eu and the Wto
by Ioannis Lianos Okeoghene OduduThis volume assesses the viability of various theories of economic integration that take into account the legal, economic, political and social challenges of incorporating free trade with retaining the plurality of social welfare standards and consumer protection. Chapters cover the governance of trade in services at the European and global level; studies on the recent Services Directive and how this interacts with the principle of managed mutual recognition and harmonization in different sectors of trade in services (social services, financial services); the recent case law of the European Courts on the enforcement of the principle of free movement of services and how this accommodates various national public interest concerns; and the interaction of the freedom to provide services with fundamental rights, including social rights. The operation of the principle of managed mutual recognition in other economic integration regimes, in particular in the context of the WTO, is also discussed.
Regulating Transnational Heritage: Memory, Identity and Diversity (Routledge Studies in Cultural Heritage and International Law)
by Merima BruncevicThere is a vast body of international and national law that regulates cultural heritage. However, the current regulation remains quite blind to the so called "transnational heritage". This is heritage where there is no community recognized in law that it can be directly attributed to and that can be responsible for its safekeeping and preservation. It can also be items of heritage where the claim of ownership is disputed between two or more peoples or communities. Transnational heritage challenges the idea of monolithic, mono-cultural, ethno-national states. There are a number of examples of such cultural heritage, for instance the Buddhist Bamiyan statutes in Afghanistan, Palmyra in Syria, the Jewish heritage of Iraq, or various items that are currently housed in large, often Western, museums, as a result of colonial practices. This book explores the regulation of transnational heritage. By discussing many cases of transnational heritage and the problems that arise due to the lack of regulation the book analyses the manifestations of memories and constructions of communities through heritage. It focuses particularly on the concept of community. How are communities constructed in cultural heritage law and what falls outside of the definitions of community? The book underlines that the issues surrounding transnational heritage involve more than a communal right to culture. It is argued that transnational heritage also directly affects wider matters of law such as citizenship, human rights, sovereignty, as well as the movement of people and cultural goods.