No human cloning: a social ethics perspective

This Essay addresses the negative impact of human cloning on the family, and argues further that market incentives to develop and implement cloning techniques exploit and exacerbate socioeconomic inequities. It suggests that cloning should be prohibited internationally and examines possible routes to that aim. To begin with, it offers some reflections on the nature of moral argument, and on the role of religion in public debate.     

The interaction of international institutions from a social network perspective

The literature increasingly acknowledges that international institutions do not exist in isolation, but regularly interact with each other. This interplay might induce influence, affecting institutions’ development and performance. The following research adds to this debate by systematically analyzing the quantitative evidence on how institutional interaction drives institutional design from a network perspective. Using dyadic cross-sectional data on international environmental agreements in 1952–2000, the authors find support for their theoretical argument that regimes’ similarity in design as captured by their degree of legalization strongly depends on institutions’ interaction. However, while “soft law” disseminates between regimes that are well connected through direct or indirect links, this does not apply to “hard law.” The authors explain this divergence with states’ concerns about binding-law commitments and sovereignty costs associated with the latter. This research may have important implications for studies of international institutions and of network analysis in general.     

European integration from the agency theory perspective

European integration is a process in which national governments look for higher levels of integration and promote new requests for allocations from the supranational authority while the balance between the benefits and costs of the supranational collective action becomes increasingly favourable. This process may be analyzed as an agency problem where different national governments, acting as principals, try to lead a single agent—the supranational authority—to make a decision on the level of integration. In this paper, decisions on integration of equilibrium are studied as the result of a non co-operative two-stage game, where national governments outline their political support strategies in the first stage and the supranational authority decides the level of integration in the second stage. JEL Classification D72     

Cocaine: a European Union perspective in the global context

Excerpts

Cocaine: a European Union perspective in the global context     

Legal protection of biotechnological inventions. The European Parliament's perspective]

In 1996, the European Commission put forward a proposal for a Parliament and Concil Directive on the legal protection of biotechnology inventions. The article looks at vicissitudes which characterised the progress of the proposal in the Council and the European Parliament. The future directive will regulate the patentability of biological material, which is a particularly sensitive issue when the material is of human origin. The article also seeks to set the proposed directive in a wider context by referring to forthcoming international Convention Law on biotechnology and to the legal situation in Spain at present.     

Obesity in Europe: the strategy of the European Union from a public health law perspective

In 2007 the European Commission published a White Paper on a "Strategy on nutrition, overweight and obesity", proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.     

The role of competition in health care: a Western European perspective

The Federal Trade Commission and Department of Justice 2004 report Improving Health Care: A Dose of Competition expresses a clear allegiance to competition as the organizing principle for health care. In Europe, by contrast, the key organizing principle of health care systems is solidarity. Solidarity means that all have access to health care based on medical needs, regardless of ability to pay. This is not to say that competition is not important in Europe, but competition must take place within the context of solidarity. This article critiques the report from a European perspective, describes the role of competition in Europe (focusing in particular on European Union law), and suggests that the United States could learn from the European perspective.     

Caring for the elderly: a European perspective on today and tomorrow

There is always a temptation to suppose that one's own problems (whether personal or national) are unique. They rarely are. The "problem" of the elderly is no exception and so there is no particular point in looking to the specific characteristics of one's own health, social service, and social security systems for causes. There is, however, every reason to be looking at them for the consequences. They can also exacerbate the causes. In this paper we sketch the principal features (economic, social, and demographic) that have contributed to the "problem" of the elderly in Europe and then outline the main intellectual issues that need to be explored and resolved. That sounds a bit pompous but, if one is to avoid an intellectual morass consisting of the various assertions about needs, obligations, and so on that emanate from rival concerned parties and various professional interests on the one hand, and simplistic political slogans whose only virtue is that they cut the Gordian Knot (but provide no real enlightenment) on the other, then we need to be doing just this. We shall take a few things for granted: that cost-containment is not the be-all-and-end-all of policy; that value for money depends equally on what you get as on what you spend; that overall expenditure per head is mainly determined by income per head (though some countries have managed to get and stay below the regression line); and that it "ain't so" that all one needs to do is to "leave it to the market." To have justified each of these would have taken too much space so we can only assert them and trust that, in swallowing these camels, you won't strain at the gnats to come.     

Cross-border certified electronic mailing: A European perspective

Certified mail is the tool of choice in business processes and proceedings to deliver mail items in a secure and susbstantiated way. By returning a receipt, the sender has proof that a document has been delivered to the designated recipient at a certain point in time. Standard electronic communication systems like e-mail do not have the same evidential value as certified mail for traditional postal mail delivery. To benefit from the security advantages of certified mail delivery in the electronic world, in recent years governments have made several certified mail systems available on the Internet. Like postal certified mail delivery of documents in administrative or judicial matters, the certified electronic mail delivery in these systems is regulated by law. With ongoing (digital) globalization and the continuously increasing Digital Single Market in the European Union, there is a strong need for cross-border certified electronic mail. In the past the European Community has started several interoperability initiatives to couple existing certified electronic mail systems. Even if these systems can be made interoperable on a technical level, a harmonized legal basis is still missing. Therefore, the European community is currently working towards a new regulatory framework for trusted services including certified electronic mail. This article sheds light on both aspects and discusses the current state of affairs of cross-border certified electronic mail from both a technical (security) and legal perspective and explains the proposed new regulatory framework.     

Dangerous patients and duties to warn: a European human rights perspective

The recent case of David Bradley, who shot and killed four members of his family after telling his doctor he 'wanted to kill someone', has raised the question of whether a healthcare professional could ever be held liable for failing to take steps to constrain a potentially dangerous patient. Until recently, it was considered that the United Kingdom courts would be reluctant to impose a duty to protect third parties. However, the European Court of Human Rights' decision in Osman v UK--while not directly concerning healthcare professionals--has opened the door for just such a duty. When this duty will arise, and how it can be discharged, remain challenging questions. Furthermore, healthcare professionals face the unenviable task of balancing competing duties, in which the rights--and safety--of their patients must also be borne in mind.     

Community reintegration of prisoners with mental illness: a social investment perspective

Responding effectively and efficiently to the needs of persons with mental illness returning to the community from prison requires identifying their differences in need and placement difficulties upon return and targeting reintegration investments to reflect these differences. This paper has three parts. The first part profiles the male special needs population in New Jersey prisons. These profiles describe behavioral health and criminal justice characteristics of 2715 male inmates with mental health problems, and are used to identify the scope and nature of the public's investment opportunity. The next part describes the costs associated with possible "investments." The special needs population is classified by need and placement difficulty, and then matched to reentry and community-based treatment programs. Costs are estimated for reentry planning and community-based treatment for the first year post-release. The third part recommends an investment strategy and a set of operational changes that might minimize the loss and maximize the return on the public's investment dollar in mental health.     

社会建构论视野下的民事法律监督之维

我国的民事法律监督制度自1982年恢复以来经历了一段短暂且复杂的发展过程。随着社会建构过程其结构及社会关系的不断变化,民事法律监督制度逐步恢复并得以巩固和发展,成为我国检察法律监督制度的一个重要组成部分,并不断面临新的博弈。关于民事法律监督的维度问题逐渐取代其存废成为学术界和理论界争论的焦点。从社会建构论的抽象范式角度出发深入分析我国特色的民事法律监督的空间与定位,有助于形成检察机关民事监督的多维运转体系。