„Krumme Touren“ in der Wirtschaft werden in der aktuellen Debatte oft bemängelt. Doch wer zieht die Grenzlinie zwischen legitimem und illegitimem Verhalten von Unternehmern und Firmen? Diese Fragestellung verfolgen die Autoren des Bandes anhand von europäischen Beispielen aus dem 19. und 20. Jahrhundert. Dabei zeigt sich, dass unternehmerische Handlungsnormen weder konstant noch unumstritten waren. Die Beiträge richten den Blick auf öffentliche Kritik und Skandale, Gerichtsprozesse, unternehmerische Selbstregulierung und staatliche Maßnahmen. Dabei tritt ein Spannungsverhältnis zwischen dem Prinzip der Gewinnmaximierung einerseits und (...) Werten wie Gemeinwohl, Transparenz oder politischen Idealen andererseits zutage. (shrink)

We must understand that with the possibility of commercial space travel on our horizon, it comes with a number of significant practical and moral challenges. This volume provides the first comprehensive and unifying analysis concerning the rise of private space exploration, with a view toward developing policy that may influence real-world decision making. The plethora of questions demanding serious attention - privatisation and commercialisation, the impact on the environment, health futures, risk assessment, responsibility and governance - are directly (...) addressed in this scholarly work. (shrink)

Inducement prizes have been long used to stimulate individuals and groups to accomplish diverse goals. Lately, governments have become more and more interested in these prizes and sought to include this kind of incentives within the set of policy tools available to promote science, technology, and innovation. To date, however, there has been little empirically-based scientific knowledge on how to design, manage, and evaluate innovation prizes. This note discusses aspects of the prize phenomenon and the opportunities and challenges related (...) with the use of innovation prizes as a government policy instrument. Compared to other incentive mechanisms, prizes are likely to present advantages to, for example, accelerate the development and commercialization of technologies that are held back for diverse reasons and help to leverage public money with external ideas, collaborative efforts, and the participation of diverse individuals and organizations. Still, despite these advantages and other interesting features of prizes, there are key questions that policy-makers and scholars must address to better understand this kind of incentives and further improve prize designs and implementations before governments move forward to a more widespread use of innovation prizes in science and technology policies. (shrink)

KEY POINTS In Canada, commercial data brokers collect deidentified patient data from pharmacies, private drug insurers, the federal government and medical clinics without patient consent. Although pharmaceutical companies are the data brokers’ primary customers, academics and nonprofit and public entities also use commercial data sets, given the absence of a coordinated public approach to collecting these data across Canada. Risks of commercialized patient data include loss of anonymity, surveillance and marketing, discrimination and violation of Indigenous data sovereignty. (...) Coordinated infrastructure for the collection and coordination of health data across Canada and updated privacy legislation would protect individuals and communities and enable appropriate data uses. (shrink)

The pioneering work on environmental regulation in Sweden and that country's leading position in sustainability rankings has paradoxically passed almost unnoticed by academics. To this fact should be added, the scant attention given to the Nordic banking system. Becoming immersed into the realm of Swedish commercial banking ethics, we have focused on one of the top three commercial banks in the country, to map its corporate sustainability policies (CSP) and the compliance of the lending business process (LBP) to (...) these policies. A descriptive-explanatory research framework utilises a critical case with a phronetic design. Data collected through interviews was manipulated under the thematic analysis method. We found a unique understanding of act-utilitarianism, in which, policies and practices are set to prevent financial risks and environment rebounds, as they are symbiotic. This allowed us to enlarge the body of knowledge on Nordic banking's sustainable governance and design the green lending model (GLM). (shrink)

Do government policies increase the likelihood that some citizens will become persistent criminals? Using criminological concepts such as the idea of a “criminal career” and sociological concepts such as the life course, this article assesses the outcome of macro-level economic policies on individuals’ engagement in crime. Few studies in political science, sociology, or criminology directly link macroeconomic policies to individual offending. Employing individual-level longitudinal data, this article tracks a sample of Britons born in 1970 from childhood to adulthood and (...) examines their offending trajectories through the early 1980s to see the effects of economic policies on individuals’ repeated offending. A model is developed with data from the British 1970 Birth Cohort Study that incorporates individuals, families, and schools and takes account of national-level economic policies. Findings suggest that economic restructuring was a key causal factor in offending during the period. Criminologists are encouraged to draw on ideas from political science to help explain offending careers and show how political choices in the management of the economy encourage individual-level responses. (shrink)

The promises and risks of Artificial Intelligence permeate current policy statements and have attracted much attention by AI governance research. However, most analyses focus exclusively on AI policy on the national and international level, overlooking existing federal governance structures. This is surprising because AI is connected to many policy areas, where the competences are already distributed between the national and subnational level, such as research or economic policy. Addressing this gap, this paper argues that more attention (...) should be dedicated to subnational efforts to shape AI and asks which themes are discussed in subnational AI policy documents with a case study of Germany’s 16 states. Our qualitative analysis of 34 AI policy documents issued on the subnational level demonstrates that subnational efforts focus on knowledge transfer between research and industry actors, the commercialization of AI, different economic identities of the German states, and the incorporation of ethical principles. Because federal states play an active role in AI policy, analysing AI as a policy issue on different levels of government is necessary and will contribute to a better understanding of the developments and implementations of AI strategies in different national contexts. (shrink)

Mencian benevolent government intervenes dramatically in many ways in the marketplace in order to secure the material well-being of the population, especially the poor and disadvantaged. Mencius considers this sort of intervention to be appropriate not just occasionally when dealing with natural disasters, but regularly. Furthermore, Mencius recommends shifting from regressive to progressive taxes. He favors reduction of inequality so as to reduce corruption of government by the wealthy, and opposes punishment for people driven to crime by destitution. (...) Mencius thinks government should try to improve the character of the population by preventing or relieving poverty, by setting a good example, and by teaching people to respect and care for each other. He considers a government to be legitimate only if it has the support of the people. His recommended foreign policy is approximately the same as his recommended domestic policy: set a good example and enhance the material wellbeing and moral values of one’s own people so that they will enthusiastically support their country, while foreigners will long to immigrate. These are policies of today’s left. Mencius was a radical reformer in his own day. His description of benevolent government shows that he is an extreme liberal by contemporary standards, too. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such (...) as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

Professor Nicholas Ryder (see Appendix A for a list of his published works) and Dr Karen Harrison (see Appendix B for a list of her published works) have produced this second edition of The Law relating to financial crime in the United Kingdom (published by Routledge of Taylor & Francis Group) in order to bring the work up-to-date; to include recent legislation and government policy developments; and also to add the financial crime topics of tax evasion, market manipulation (...) (including insider trading) and cybercrime, making this work a complete and well-rounded university-level introduction to the criminal laws relating to financial crimes as they affect the United Kingdom. (shrink)

In most countries, the alcohol industry enjoys considerable freedom to market its products. Where government regulation is proposed or enacted, the alcohol industry has often deployed legal arguments and used legal forums to challenge regulation. Governments considering marketing regulation must be cognizant of relevant legal constraints and be prepared to defend their policies against industry legal challenges.

The human body is becoming hot property, a resource to be “mined,” “harvested,” patented, and traded commercially for profit as well as scientific and therapeutic advances. Under the new entrepreneurial approach to the body old tensions take on new dimensions—about consent, the fair distribution of tissues and products developed from them, the individual and cultural values represented by the body, and public policy governing the use of organs and tissues.

Universities have long been involved in knowledge transfer activities. Yet the last 30 years have seen major changes in the governance of university–industry interactions. Knowledge transfer has become a strategic issue: as a source of funding for university research and (rightly or wrongly) as a policy tool for economic development. Universities vary enormously in the extent to which they promote and succeed in commercializing academic research. The identification of clear-cut models of governance for university–industry interactions and knowledge transfer processes (...) is not straightforward. The purpose of this article is to critically discuss university knowledge transfer models and review the recent developments in the literature on research collaborations, intellectual property rights and spin-offs, those forms of knowledge transfer that are more formalized and have been institutionalized in recent years. The article also addresses the role played by university knowledge transfer organizations in promoting commercialization of research results. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the (...) “One-Strike Rule,” was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

The new prominence given to science for economic growth and industry comes with an increased policy focus on the promotion of commodification and commercialization of academic science. This paper posits that this increased interest in commodification is a new steering mechanism for governing science. This is achieved by first outlining what is meant by the commodification of scientific knowledge through reviewing a selection of literatures on the concept of commodification. The paper concludes with a discussion of how commodification functions (...) as a means for governing science. (shrink)

Cover -- Title -- Copyright -- Contents -- Citation Information -- Introduction -- 1 Philosophy and Performance of Neoliberal Ideologies: History, Politics and Human Subjects -- 2 Neo-Liberal Education Policy and the Ideology of Choice -- 3 Varieties of Neo-Liberalism: a Foucaultian Perspective -- 4 The Labouring Sleepwalker: Evocation and Expression as Modes of Qualitative Educational Research -- 5 The Learning Society, the Unfinished Cosmopolitan, and Governing Education, Public Health and Crime Prevention at the Beginning of the Twenty-First Century (...) -- 6 What Were You Thinking? A Deleuzian/Guattarian Analysis of Communication in the Mathematics Classroom -- 7 (Re)Visioning the Centre: Education Reform and the 'Ideal' Citizen of the Future -- 8 Biopolitical Utopianism in Educational Theory -- 9 A Place Pedagogy for 'Global Contemporaneity' -- 10 Antonio Gramsci and Feminism: The Elusive Nature of Power -- 11 Foucault, Educational Research and the Issue of Autonomy -- Index. (shrink)

This section will cover (a) definition of business policy: strategic decisions in the enterprise; (b) ethical behaviour above and beyond the requirements of the law: what might this involve e.g. in respect of products and markets in which the business is prepared to operate? (c) does business have a responsibility towards society? For example, should businesses decide without being legally required to do so, to undertake activities which they think are in the national interest even if this may appear (...) to conflict with strictly commercial interests? (d) if ethical/social decisions are required, who is to make them — at what levels of an enterprise — e.g. does the board make them all or are they also expected below board level? This section will also cover: (e) practical examples in the light of changing attitudes towards business and market behaviour in the 1980''s and 1990''s; (f) implications of attitudes towards corporate crime and of behaviour which may not be illegal but which may be regarded as unacceptable: this will be discussed with examples from experience in Australia and other countries. The section will first explain the meaning of the phrase business policy and will briefly outline the kinds of strategic decision which have to be made in business enterprises. It will go on to consider whether there are things a business ought or ought not to do even if they are within the law. The section will illustrate these problems with examples in the light of changing attitudes towards business policy and market behaviour in the 1980''s and 1990''s. It will take into account some recent cases of corporate crime in Australia and elsewhere and also of behaviour which while neither against the law or outside the power of the board, might be thought inappropriate. (shrink)

Hip implants have provided life-changing treatment, reducing pain and improving the mobility and independence of patients. Success has encouraged manufacturers to innovate and amend designs, engendering patient hopes in these devices. However, failures of medical implants do occur. The failure rate of the Articular Surface Replacement metal-on-metal hip system, implanted almost 100,000 times world-wide, has re-opened debate about appropriate and timely implant governance. As commercial interests, patient hopes, and devices' governance converge in a socio-technical crisis, we analyse the responses (...) of relevant governance stakeholders in the United Kingdom between 2007 and 2014. We argue that there has been a systemic failure of the governance system entrusted with the safety of patients fitted with medical implants. Commercial considerations of medical implants and the status quo of medical implant governance have been given priority over patient safety despite the availability of significant failure data in an example of uncertainty about what constitutes appropriate precautionary action. (shrink)

This article discusses the Australian government’s immigration policies in the context of the global refugee crisis in the years 2015–2016, as reflected and dramatised through the polemical novel b...

In 1998, the Labour government introduced legislation broadening British sentencing powers in relation to crimes aggravated by the offender's hostility towards the victim's actual or perceived race, religion, sexual orientation or disability. Gender is a notable omission from this list. Through a survey of eighty-eight stakeholders working in the violence against women (VAW) sector, this paper explores both the potential benefits and possible disadvantages of adding a gender-based category concerned with VAW to British hate crime legislation. The majority (...) of participants believed that a hate crime approach would offer significant benefits, especially in terms of the symbolic power of the law to send a message to society that VAW is unacceptable. However, most also recognised that the addition of a VAW category to current legislation would involve major practical and conceptual difficulties, not least those resulting from problematic assumptions about the nature of hate crimes versus VAW, and a general unwillingness on the part of policy-makers to address the socio-cultural inequalities that underpin VAW. Overall, the fact that the majority of participants favoured inclusion, on the basis that the possible symbolic benefits were likely to outweigh the potential practical disadvantages, is significant: it speaks to the power of hate crime legislation to challenge many forms of inequality and discrimination still endemic in British society. (shrink)

The Australian Football League (AFL) is the premier sporting competition in Australia in terms of capital outlay, breadth of industry associations, public consumption, and arguably cultural significance. The AFL competition is now a domain of specialisations and interests, which provides vast opportunity for both sporting and non-sporting institutions seeking to utilise the game to capitalise on a society of consumption, entertainment and risk. AFL officials expect high standards of their players both on and off the field. These standards are expressed (...) in various forms of Codes and Policies. Off field player misconduct is an ongoing concern not escaping media attention, which is a resounding indication more needs to be done by the AFL to improve responsible player character development. Whether the current education programmes are sufficient to meet the AFL’s own expectations is the central issue addressed in this chapter. As it stands AFL governance is deficient on several counts. In this chapter I will focus on three governance deficiencies: firstly, the AFL Illicit Drug Policy (IDP) contains unnecessary inconsistencies relative to its primary purpose; secondly, the present measures undertaken to ensure players have appropriate education to achieve the expected character development are far from efficacious and so arguably can be vastly improved; and thirdly, the promotion of live-odds gambling during televised games is culturally problematic and inconsistent with its own demands. The ethical grounds central to this investigation are ‘fairness’ and ‘cultural influence’. In order to resolve some of its governance concerns I will explain why the AFL should be characterised as a practice-community and as such should adopt a comprehensive virtue and value-based compliance ethical education programme consistent with its own vision and conduct expectation of its players and officials. I will argue that the AFL as a practice community is much more than simply a game, given its cultural influence, commercial associations and community programmes. (shrink)

This paper provides a re-assessment of the significance of turning king's evidence in late medieval England through a re-examination of the use of approvers' appeals as a method of prosecution. It puts forward the hypothesis that the process was not only popular with felons, but also actively encouraged by the Crown. Exploring attitudes towards confessions and their admissibility, it compares and contrasts contemporary Continental prosecution practices and considers the extent to which the English legal system was developing a form of (...) public prosecution through the encouragement of approvers, mainly at times of political stress or during law enforcement drives. Analysis of the verdicts returned by juries on persons arrested and tried on the basis of approvers' confessions indicates a high incidence of acquittal. This apparent failure in the system is explained in terms of the prejudices and practices of the juries, judicial scrutiny of the appeals, and putative government policy. (shrink)

Central banks have accumulated unparalleled power over the conduct of macroeconomic policy. Key for this development was the articulation and differentiation of monetary policy as a distinct policy domain. While political economists emphasize the foundational institutional changes that enabled this development, recent performativity-studies focus on central bankers’ invention of expectation management techniques. In line with a few other works, this article aims to bring these two aspects together. The key argument is that, over the last few decades, (...) central banks have identified different strategies to assume authority over “expectational politics” and reinforced dominant institutional forces within them. I introduce a comparative scheme to distinguish two different expectational governance regimes. My own empirical investigation focuses on a monetarist regime that emerged from corporatist contexts, where central banks enjoyed “embedded autonomy” and where commercial banks maintained conservative reserve management routines. I further argue that innovations towards inflation targeting took place in countries with non-existent or disintegrating corporatist structures and where central banks turned to finance to establish a different version of expectation coordination. A widespread adoption of this “financialized” expectational governance has been made possible by broader processes of institutional convergence that were supported by central bankers themselves. (shrink)

Background Comprehensive commercial surrogacy became legal in India in 2002, and many foreigners, including individuals and same-sex couples, sought Indian surrogacy services due to their affordability. Numerous scandals resulted, with increasing calls for the government to eliminate the exploitation of women in lower social strata. In 2015, the Indian government decided to exclude foreign clients and commercial surrogacy remained legal for local Indian couples only. Furthermore, to eliminate exploitation, the concept of altruistic surrogacy was introduced in (...) 2016. In 2020, some restrictions within altruistic surrogacy practice were removed. Controversy remains, however, in various sectors, not least because surrogacy is a relatively new concept in India. In this paper, the advantages and disadvantages of both altruistic and commercial surrogacy in the Indian context are considered, and more appropriate policy concerning surrogacy practices is suggested. Methods This paper is based on fieldwork conducted in India from 2010 to 2018. Interview surveys were conducted among doctors, policy makers, activists, former surrogates, and brokers. Government documents and media reports were also important sources. Results Surrogacy for commercial purposes began in India in 2002, and stakeholders within the commercial surrogacy industry became well established. It was found that such stakeholders were strongly opposed to altruistic surrogacy as introduced in 2016. It was also found that women in lower social strata still sought some form of financial compensation from their reproductive labor. Controversies surrounding altruistic surrogacy continue within Indian society. Conclusion Policies and practices aimed at eliminating exploitive need to consider the Indian context carefully. Any surrogacy practice might potentially be exploitive, and the distinction between commercial and altruistic surrogacy is too simplistic to be useful, with more nuanced understanding required. It is of critical importance that investigation continues on how to eliminate the exploitation of Indian surrogate mothers throughout the process, regardless of monetary compensation. The entire surrogacy process should be managed with sensitivity, particularly in relation to the well-being of the mother and child. (shrink)

The promotion of human rights, the punishment of crimes against humanity, the use of force with respect to humanitarian intervention: these are some of the complex issues facing governments in recent years. The contributors to this book offer a theoretical and empirical approach to these issues. Three leading normative theorists first explore what an 'ethical foreign policy' means. Four contributors then look at potential or actual instruments of ethical foreign policy-making: the export of democracy, non-governmental organisations, the (...) International Criminal Court, and bottom-up public pressure on governments. Finally, three case studies examine more closely developments in the foreign policies of the US, the UK, and the European Union, to assess the difficulties raised by the incorporation of ethical considerations into foreign policy. (shrink)

China has undergone a media revolution that has transformed the domestic context for making foreign policy as well as domestic policy. The commercialization of the mass media has changed the way leaders and publics interact in the process of making foreign policy. As they compete with one another, the new media naturally try to appeal to the tastes of their potential audiences. Editors make choices about which stories to cover based on their judgments about which ones will (...) resonate best with audiences. In China today, that means a lot of stories about Japan, Taiwan, and the United States, the topics that are the objects of Chinese popular nationalism. The publicity given these topics makes them domestic political issues because they are potential focal points for elite dis-agreement and mass collective action, and thereby constrains the way China' leaders and diplomats deal with them. Even relatively minor events involving China' relations with Japan, Taiwan, or the United States become big news, and therefore relations with these three governments must be carefully handled by the politicians in the Communist Party Politburo Standing Committee. Because of the Internet, it is impossible for Party censors to screen out news from Japan, Taiwan or the United States that might upset the public. Common knowledge of such news forces officials to react to every slight, no matter how small. Foreign policy makers feel especially constrained by nationalist public opinion when it comes to its diplomacy with Japan. Media marketization and the Internet have helped make Japan China' most emotionally charged international relationship. (shrink)

To many observers, the moratorium on commercial whaling, which came into force under the aegis of the International Whaling Commission in 1986, is both a moral and an environmental victory. Moreover, many governments have found it to be an advantageous, easy and costless policy to support. However, a critical analysis of the diverse viewpoints of IWC member states, especially those expressed by the delegations of the United Kingdom, Norway and Japan at the 1996 Annual Meeting of the IWC (...) in Aberdeen, raises doubts about the moral and practical coherence of the arguments supporting the continuation of the moratorium. In this paper, these doubts will be rehearsed, and an alternative policy to that of the moratorium—sustainable resource management—is put forward as founded on a more coherent moral and practicable basis. (shrink)

As Canadian experience back to the Great Depression reveals, monetary policy can have potent impact on social welfare. Although in recent years Canadian monetary policy has been managed—with little public understanding—for the benefit of wealthy interests, earlier Canadian federal governments, largely through the monetary powers of the Bank of Canada established in 1935, not only financed participation in World War II, but also in the post-war period created the nation's remarkable social programs. Changes in monetary policy beginning (...) in the late 1970s have shifted control over the money system almost entirely to the private commercial banks, and have contributed substantially to severe erosion of those programs. Changes in current monetary policy, shown from past experience to be feasible, could play a key role in financing restoration and improvement of social programs. Some implications for the US and other nations are spelled out. (shrink)

Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity (...) and termination- of commercial agency according to the Jordanian law. The article is divided into four sections. Section two explains the general rules governing commercial agency in Jordan. Section three analyzes exclusivity of commercial agents. This section introduces the WTO's General Agreement on Trade in Services (GATS), the basic instrument covering trade in services, and analyses the current commercial agencies regulation in Jordan and its relation to articles VIII and IX of GATS. Also, section two explores Jordan schedule of specific commitments under the GATS in order to shed light on the extent and limit of its obligations with regard to commercial agents. Section four discusses agency termination. Finally, the article concludes by summarizing the main. (shrink)

Ongoing research in the fields of genetics and biotechnology hold the promise of improved diagnosis and treatment of genetic diseases, and potentially the development of individually tailored pharmaceuticals and gene therapies. Difficulty, however, arises in determining how these services are to be evaluated and integrated equitably into public health care systems such as Canada's. The current context is one of increasing fiscal restraint on the part of governments, limited financial resources being dedicated to health care, and rising costs for new (...) health care services and technologies. This has led to increasing public debate in the last few years about how to reform public health care, and whether we should prohibit, permit or perhaps even encourage private purchase of health care services. ;In Canada, some of these concerns have crystallized around the issue of gene patents and commercial genetic testing, in particular as illustrated by the case of Myriad Genetics' patented BRACAnalysis test for hereditary breast and ovarian cancer. While most Canadians who currently access genetic services do so through the public health care system, for those with the means, private purchase is becoming an option. This situation raises serious concerns---about justice in access to health care; about continued access to safe and reliable genetic testing supported by unbiased patient information; and about the broader effects of commercialization for ongoing research and the Canadian public health care system. Commercial genetic testing presents a challenge to health care professionals, policy analysts, and academics concerned with the social, ethical and policy implications of new genetic technologies. Using the Myriad case as an exemplar, tools from moral philosophy, the social sciences, and health policy and law will be brought to bear on the larger issues of how as a society we should regulate commercial research and product development, and more coherently decide which services to cover under public health insurance and which to leave to private purchase. Generally, the thesis is concerned with the question of "how best to bring capital, morality, and knowledge into a productive and ethical relationship". (shrink)

This article examines how Italian commercial broadcast news on Mediaset’s three terrestrial channels has covered the transition to digital terrestrial television. Mediaset is the largest commercial broadcaster in the country and is owned by former prime minister Silvio Berlusconi. By drawing on critical discourse analysis of broadcast news, it is argued that linguistic elements such as pronouns, choice of words, and metaphors, together with tendentious editing and framing of interviews, were part of a strategy of positive representation of (...) the broadcaster’s interests in the transition and negative representation of media policies opposing such interests. In particular, the analysis brings to the surface the ideological usage of interviews. Interviews in this case did not function as an act of control over the powerful, but as a way to illuminate the broadcaster’s strategic interests while obfuscating the reasons behind attempts to regulate the transition to digital television and open the market to competition. The data attest that the way in which news programs covered the digital transition exposes the connections between media content, media ownership, and governmental institutions. Indeed, all three news programs, TG5, TG4, and Studio Aperto, despite their different target audience and the reputation of one of them as the most objective and authoritative newscast on Italian commercial television, echoed each other in unified support of the sort of interests and media legislation that best fitted the corporation, especially at times when those interests were threatened. The corpus consists of 13 newscasts grouped in two clusters aired in 2006 and 2009. The main participants in the story were Mediaset’s president, often interviewed as the ‘expert’ on the TV industry, the communications minister for the center-left Prodi government, and the communications undersecretary for the center-right Berlusconi government. Citizens and consumer groups were never given the opportunity to voice their positions or be an active part of the narration. (shrink)

To many observers, the moratorium on commercial whaling, which came into force under the aegis of the International Whaling Commission (IWC) in 1986, is both a moral and an environmental victory. Moreover, many governments have found it to be an advantageous, easy and costless policy to support. However, a critical analysis of the diverse viewpoints of IWC member states, especially those expressed by the delegations of the United Kingdom, Norway and Japan at the 1996 Annual Meeting of the (...) IWC in Aberdeen, raises doubts about the moral and practical coherence of the arguments supporting the continuation of the moratorium. In this paper, these doubts will be rehearsed, and an alternative policy to that of the moratorium—sustainable resource management—is put forward as founded on a more coherent moral and practicable basis. (shrink)

It is not uncommon to hear that poor school performance, welfare dependancy, youth unemployment, and criminal activity result more from shortcomings in the personal makeup of individuals than from societal forces beyond their control. Are American values declining as so many suggest? And are those values at the root of many social problems today?Shaped by experience and public policies, people's values and social norms do change. What role can or should a democratic government play in shaping values? And how (...) do these values conditon the efficacy of public policy?In this book, six distinguished social scientists identify trends in America's values and their consequences, and consider public policy tools with which some of those values might be changed.Daniel Yankelovich begins with a discussion of how American values have shifted in the last half-century, and argues that affluence is the driving force behind these changes in values. James Q. Wilson argues that destructive habits which can lead to social pathologies, like crime and drug use, are set early in life; he examines how public policy might intervene when children are young to promote better values. David Popenoe maintains that America has veered too far towards industrialist values, and explores the resulting decline of families and many attendant social ills. Nathan Glazer describes the history and present status of the dispute over multicultural education. Jane Mansbridge examines the process of building cooperation, consensus, and public spirit. And George Akerlof and Janet L. Yellen discuss the problem of gang criminality.Inthe past, social scientists have often sidestepped questions about values as undefinable, unquantifiable, and somehow unscientific. The essays in this volume address these questions at last.Henry J. Aaron, director of the Economic Studies program at Brookings, is the authorof numerous books, including most recently Serious and Unstable Condition: Financing America's Health Care (1991), and coeditor of Setting Domestic Priorities (1992). Thomas E. Mann is director of the Brookings Governmental Studies program, coeditor of Media Polls in American Politics (1992), and coauthor of the Renewing Congress series (1993). Timothy Taylor is managing editor of the Journal of Economic Perspectives at Stanford University. (shrink)

What is, or what should be, the function of sport in a globalized, commercialized world? Why does sport matter in the 21st century? In Ethics and Governance in Sport: the future of sport imagined, an ensemble of leading international experts from across the fields of sport management and ethics calls for a new model of sport that goes beyond the traditional view that sport automatically encourages positive physical, psychological, social, moral and political values. Acknowledging that sport is beset by poor (...) practice, corruption, and harmful behaviors, it explores current issues in sport ethics, governance and development, considering how good governance and the positive potentials of sport can be implemented in a globalized sporting landscape. Ethics and Governance in Sport suggests a future model of sport governance based on well substantiated projections, and argues that identifying the root causes of harmful behavior, those things that are characteristic of sport, and engaging sport managers, policy makers and leaders of sport organizations, is essential if sport is to thrive. The book's interdisciplinary examination of sport, encompassing philosophy, sociology, economics, management and sport development, and its forward-looking approach makes it important reading for advanced students, researchers and policy makers with an interest in the place and development of modern sport. Its clear messages invite self-reflection and discussion, especially within sports organizations. (shrink)

This paper analyzes resource utilization of the Sundarbans in terms of the contradictory issues and pressures generated by foreign assistance and commercial interests in Bangladesh. In the paper, the historical legacy of resource definition and use that shaped the development of forest policy under the British is considered. In addition, the critical role of the state and the interests and pressures on the Government are explored as these shape the larger context in which current natural resource (...) class='Hi'>policy is generated and maintained. Three areas of potential conflict between current devlopment policy and resource management control are noted. They are 1) the privatization of production and resource exploitation in contrast to common property resource use, 2) the need to meet foreign exchange requirements versus local user interests, and 3) commercial versus local user interests.The paper argues that national and international fiscal and economic constraints operate to favor commercial interests and natural resource exports at the cost of policies that emphasize an active approach to the generation and preservation of renewable resources such as the Sundarbans. (shrink)

This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to sex work (...) enacted during the early 19th century to the present day. Through analysis of policy documents, scholarly work on the history of sex work policies in Poland, and personal accounts by sex workers, I identify and examine two dominant discursive and legal figurations of a sex worker: as a threat, and as a victim in need of rescue and protection. While analysing the emergence of and interplay between these two figurations, this article demonstrates how these seemingly contradictory frames of recognition gradually conjoined within 20th-century Polish sex work governance strategies, rendering sex workers unimaginable subjects of rights and social justice claimants. (shrink)

This chapter explores the ways in which public standards of accountability are brought to bear on a nominally private institution: the commercial corporation. It considers several classic arguments in favor of widening the set of interests in society that the corporation should serve. These classic positions, it is argued, fail to capture the range of social issues facing the company. A different way of identifying those issues is proposed. This in turn permits one to identify three types of interest (...) that stakeholders have in the company. With these distinctions in place, a map of different types of corporate accountability is drawn, aimed at underpinning policies shaping corporate governance. (shrink)

The contribution of food and diet to health is much disputed in the background culture in the US. Many commercial or ideological advocates make claims, sometimes with health as a primary goal, but often accompanied by commercial or ideological interests. These compete culturally with authoritative recommendations made by publicly funded groups. For public policy concerning diet and health to be legitimate, not only should it not be inconsistent with the scientific evidence, but also it should not be (...) inconsistent with the political environment. Healthy Eating Policy and Political Philosophy (HEPPP), by Barnhill and Bonotti (2022), addresses how policy in this complex area might be justified. In the present essay I highlight some important strengths of their work and also make some points about how it might be clarified or enlarged in scope. The great strength of HEPPP is that it emphasizes the role of a political philosophy in evaluating the legitimacy of public policy. They presume a well-off liberal democratic state, and specifically they draw on Rawls’ political liberalism, as developed in Political Liberalism (PL). One of several interlocking technical concepts developed in this book, public reason speaks to the boundaries of what should be acceptable in public deliberation about constitutional essentials and basic justice. HEPPP explores the application of an extension of public reason to the justification of policies related to “healthy eating.“ Public reason has two components, both of which pertain to a common understanding among citizens: (1) a common understanding of the principles and ideals that are the foundation of the political society, and (2) a common understanding of the standards that govern reason and evidence, including common sense. HEPPP argues that even though for diet and health the complexity of the scientific evidence goes far beyond anything like common sense for a typical citizen, the technical idea of “accessibility” of the scientific evidence justifies reliance on it within the concept of public reason. I question this accessibility argument about scientific evidence and public reason because the nature of the population-level epidemiological evidence about diet and health is that it often includes judgments that are based on arguable interpretations, framing incidence in terms of risk and prevention; thus the issue is more than one of potential accessibility of scientific evidence. Nevertheless, evaluation and consideration of the scientific evidence is of obvious practical importance in policy deliberation concerning policy related to what Rawls call “ordinary legislation.“ Even though public reason applied to healthy eating policy may not be as pertinent as it is for constitutional essentials and basic justice, and even though it is unlikely to result in a “correct outcome,“ invoking reasons based on political values and principles held in common has important value even in these deliberations about more ordinary questions. That value applies not to the specifics of the particular issue, but to the larger context for the particular policy being deliberated, as a potential contribution to an overlapping consensus that is stable for the right reasons. If this vision of political liberalism were achieved, then contentious debate about health eating policy and its scientific basis could occur within that context and be resolved within the basic political structure. Because public health and political liberalism have a common concern for a good at the population level, they have an underlying affinity. Healthy eating policies could be evaluated in two not-unrelated ways: based on their instrumental contribution to the good of the public body of citizens as population-level health, and according to their stabilizing contribution to an overlapping consensus among citizens. In this latter way a policy would contribute to a conditional integral common good a la Sulmasy, one that has the prospect of conditioning a political system, and by doing so create the conditions of the possibility of a constitutive integral common good that is constituted on the right reasons for allegiance to an overlapping consensus. To conclude with reference to HEPPP, public reason may play an important function with respect to the political common good, even as debates about the weight and meaning of scientific evidence from epidemiology play out in deliberation of ordinary legislation concerning healthy eating. (shrink)

This article reconstructs Adam Smith’s contribution to the conversation on the nature and value of free government in the eighteenth century. Smith contributes to this conversation in two ways. First, by embedding the idea of free government in a narrative of the progress of government, which traces the interplay between natural progress and social circumstances, and culminates in the establishment of modern free government in Britain. Second, by offering a theory of the form of free (...) class='Hi'>government fit for modern commercial states. Drawing on the “rational system of liberty” established in Britain, the Smithian model of free government is based on a “happy mixture” of republicanism and monarchism. Looking beyond the rational system, it merges the traditional concern for constitutional security against arbitrary power with a new science of policy intended to moderate the oppressive inclinations of legislators. The article contests Duncan Forbes’ reading of Smith as questioning the relation between individual liberty and free government, and brings Smith closer to Quentin Skinner’s work on the neo-Roman understanding of liberty. It suggests that Smith’s work may offer insight into some of the ways in which neo-Roman ideas were being creatively reformulated in the eighteenth century. (shrink)

The main economic activity of the people of Eritrea is agriculture: crop production and livestock herding. Agriculture mainly comprises mixed farming and some commercial concessions. Most agriculture is rain-fed. The main rain-fed crops are sorghum, millet and sesame, and the main irrigated crops are all horticultural crops like bananas, onions and tomatoes and cotton. The major livestock production constraints are disease, water and feed shortages and agricultural expansion especially in the river frontages. The agricultural sector employs eighty percent of (...) the working population, but its production has not managed to cover internal food demand and is forced to cover nearly 50 per cent of its annual cereal requirements through imports-commercial and food assistance. Like most African countries, Eritrea is also a victim of the problem of food insecurity. In good years the country produces only about 60 per cent of its total food needs and in poor years, it produces no more than 25 per cent. On average, once in 10 years, the country is threatened with famines. Annual crop production depends on rainfall that is variable and unevenly distributed from year to year. Therefore, the primary goal of Eritrea is to guarantee food security by introducing modern technology, irrigation, terracing, soil and water conservation, with less dependence on rainwater. Thus the Government has articulated its food policy, which stresses national ownership of grant food assistance and to achieve food security in the coming five years. The policy indeed encompasses all sectoral policies and represents the Government's engagements with regard to food security. Despite the general trends of improvement in the economy of Eritrea, it has not yet fully recovered, and thus will still continue to require variable degrees of food assistance for the coming few more years. Based on this historical and recurrent food insecurity in Eritrea, an attempt is made in this paper to assess the agriculture development and food policy in the country. Furthermore, the paper captures the available food security policy proposals of Eritrea and eventually draws conclusions. (shrink)

Free trade denotes a state of international commercial relations premised on governments’ restraint from using policy instruments meant to favor indigenous industries against foreign competitors. According to the conventional trade theory advocated by classical and neo-classical thinkers, free trade makes little economic sense failing nations’ tendency to specialize based on comparative advantage, a concept with high persuasive influence despite the elapsing of time. Even though the comparative advantage rule has seldom been questioned per se, the free trade concept (...) has been fiercely disputed and not infrequently, bashed. Nations’ involvement in international trade often follows patterns that do not fit theoretical models but attempt to respond to circumstantial interests, most often the need to protect poorly competitive industries. In common parlance, free trade has had both proponents and enemies. (shrink)

Ethical dilemmas and value conflicts affect cities globally, but urban leaders and citizens often avoid confronting them directly and instead view the governance of cities as primarily an administrative task or, even worse, a merely political one. Timothy Beatley challenges readers to consider the issues in our cities not simply as legal or economic problems but as moral ones, asking readers 'How can a city become more ethical?' Beatley unearths, exposes, and explores the many ethical questions cities face today and (...) touches on many topics, from privacy and crime to racism and the ethics of public space. Drawing from recent policy debates and using extensive examples to consider complex ethical dilemmas, Beatley argues that cities must expand the definition of the moral community to include all their citizens. Cities must take profound steps to address social injustice and plan for climate change-both moral obligations-and this approachable and readable introduction to moral philosophy, urban planning, and social justice will help new generations to grapple with these global issues. (shrink)

Despite their growing usage in commercial and industrial applications, nanomaterials have yet to be been thoroughly researched as to their potential health, safety, and environmental risk to human life after incorporation into new product improvement, development, design, and manufacturing processes. Identifying the appropriate governance framework for effective risk assessment analysis of toxicological risk to human beings—specifically manufacturing employees and consumers—and other living organisms, resulting from the development and application of these nanotechnology-based products, has yet to be scientifically determined. With (...) major regulatory gaps in the public regulation framework at national and international levels of governance, a proposed private governance framework is needed to assist the existing public regulatory framework with the proliferation of products and manufacturing processes utilizing nanomaterials. There are three distinct (yet complimentary) approaches available to develop a private governance framework to complement existing national public regulatory frameworks: responsible innovation, risk management, and voluntary guidelines/industry standards. The case for supporting a hybrid governance framework, combining public and private governance mechanisms, for nanotechnology is reflective of the current public policy environment that has emerged to best address health, safety, and environmental risk assessment issues concerning nanotechnology and nanomaterials. (shrink)

This book is open access under a CC BY-NC 2.5 license. This book offers a devastating look at deeply flawed development processes driven by international finance, African governments and the global consulting industry. It examines major river basin development underway in the semi-arid borderlands of Ethiopia, Kenya and South Sudan and its disastrous human rights consequences for a half-million indigenous people. The volume traces the historical origins of Gibe III megadam construction along the Omo River in Ethiopia-in turn, enabling irrigation (...) for commercial-scale agricultural development and causing radical reduction of downstream Omo and (Kenya's) Lake Turkana waters. Presenting case studies of indigenous Dasanech and northernmost Turkana livelihood systems and Gibe III linked impacts on them, the author predicts agropastoral and fishing economic collapse, region-wide hunger with exposure to disease epidemics, irreversible natural resource destruction and cross-border interethnic armed conflict spilling into South Sudan. The book identifies fundamental failings of government and development bank impact assessments, including their distortion or omission of mandated transboundary assessment, cumulative effects of the Gibe III dam and its linked Ethiopia-Kenya energy transmission 'highway' project, key hydrologic and human ecological characteristics, major earthquake threat in the dam region and widespread expropriation and political repression. Violations of internationally recognized human rights, especially by the Ethiopian government but also the Kenyan government, are extensive and on the increase-with collaboration by the development banks, in breach of their own internal operational procedures. A policy crossroads has now emerged. The author presents the alternative to the present looming catastrophe-consideration of development suspension in order to undertake genuinely independent transboundary assessment and a plan for continued development action within a human rights framework-forging a sustainable future for the indigenous peoples now directly threatened and for their respective eastern Africa states. Claudia Carr's book is a treasure of detailed information gathered over many years concerning river basin development of the Omo River in Ethiopia and its impact on the peoples of the lower Omo Basin and the Lake Turkana region in Kenya. It contains numerous maps, charts, and photographs not previously available to the public. The book is highly critical of the environmental and human rights implications of the Omo River hydropower projects on both the local ethnic communities in Ethiopia and on the downstream Turkana in Kenya. David Shinn Former Ambassador to Ethiopia and to Burkina Faso Adjust Professor of International Affairs, The George Washington University, Washington D.C. (shrink)

The international community has adopted and endorsed an ambitious global development agenda for the period 2015–2030 in the Sustainable Development Goals (SDGs). SDG 2 seeks to end hunger, achieve food security and improved nutrition, and promote sustainable agriculture. This reflects a broad international consensus on the unacceptability of hunger articulated previously at the 1996 World Food Summit and reiterated at the 2008 High-Level Conference on World Food Security. In 2009, at their L’Aquila Summit, the G8 heads of state and (...) class='Hi'>government pledged a significant expansion of aid to agriculture, in order to address the global food-price spike of the preceding year. However, serious global policy incoherence severely undermines this apparent political will to end hunger and boost developing-country agriculture. In particular, although official development assistance to agriculture in Sub-Saharan Africa (hunger’s center of gravity) doubled between 2003 and 2012, the share of total global aid going to agriculture, at just 5% in 2014, is well below the 20% share of the mid-1980s. In addition, donor-country agricultural trade and security policies often undercut support for agricultural development in the Global South. Furthermore, there is incoherence within donor policies on aid to agriculture, which tend to focus more on promoting commercialization and exports than on boosting smallholder productivity and the economic empowerment of women farmers. For their part, developing-country governments have not fulfilled pledges to increase their own agricultural development budgets (as seen in the African Union Declarations of Maputo and Malabo), and the bulk of those budgets go to recurrent expenditure rather than development investments. In Sub-Saharan Africa, military expenditures account for a greater share of public funds. This paper suggests that while policy makers in both the Global South and North treat food security and agricultural development as priorities, these remain in a relatively low position on policy agendas because other concerns respond to much stronger constituencies. (shrink)

LeRoy Walters was a central figure in debates about federal policy regarding genetics and biotechnology—a neutral, publicly engaged philosopher and religious studies academic who put his skills to work in national service. His career spanned the emergence of biotechnology as a field in the 1970s until his retirement. His interests reached from moral philosophical theory to Holocaust studies to practical concerns about public policy in genetics. We focus here on the role of bioethics in policy related to (...) the advent of human gene transfer, the Human Genome Project, and the emergence of biotechnology as a commercial enterprise. We focus on his role as an academic influencing the government strand of the “triple helix”... (shrink)

Unethical acts and reported cases of corruption and commercial crimes in South African business are increasing. Literature studies showed that risk groups (for instance South African managers in affirmative action positions) are functioning in a stressful environment which can give rise to unethical acts. Results pointed out that high stress correlates substantially with: to claim credit for a subordinate's work; to fail to report a co-worker's violation of company policy, to offer potential clients fully paid holidays; and (...) to purchase shares upon hearing privileged company information. In the light of this a number of recommendations were made. (shrink)

Unethical acts and reported cases of corruption and commercial crimes in South African business are increasing. Literature studies showed that risk groups (for instance South African managers in affirmative action positions) are functioning in a stressful environment which can give rise to unethical acts. Results pointed out that high stress correlates substantially with: to claim credit for a subordinate's work; to fail to report a co-worker's violation of company policy, to offer potential clients fully paid holidays; and (...) to purchase shares upon hearing privileged company information. In the light of this a number of recommendations were made. (shrink)

PurposeThe purpose of this paper is to explicate the influence of US national security approach on the Thai Government's national security, the criticisms on the US and Thai intelligence communities and ethical debates on national databases, including the introduction of the concepts of “spiritual computing” and Buddhism to the ethical aspect of intelligence databases.Design/methodology/approachThe methodology of this paper is based on the interpretative approach which includes literature survey and interviews of the intelligence community in Thailand. The relevant literature survey (...) consists of the literature on US intelligence databases for Homeland Security, criticisms of the IC, the ethical debate on national databases in the USA, the Thai National Security Council, ethical debates on the Internal Security Act and Computer Crime Act, Buddhism and “spiritual computing.”FindingsThe findings reflect that the US model of national security has significant influence on the Thai intelligence approach and application of IT for national security while both intelligence communities have similar intelligence problems and have raised ethical debates on violations of human rights.Research limitations/implicationsThe research limitations include the nature of the topic which is a closed subject under legal restrictions in Thailand so that the sources of official information could not be disclosed nor elaborated in details; and literature on this topic has not been widely available except unclassified information which limits a more in‐depth investigation and analysis.Originality/valueThe value of this paper lies in being the first attempt to throw light on a “forbidden” subject in Thailand by discussing the US experiences against the Thai case study. The application of “spiritual computing” and Buddhist precepts to the context of national security and intelligence databases could be a starting point for developing a “happier” and “successful” IC and possibly open a new approach to national security. (shrink)