The message of this article is that nothing is certain and, at the same time, we can observe a flow of events from one cause to another that form our interest in protected areas, their use as conservation tools and their threats. If we want conservation methods to be effective and protected areas to be a cornerstone of the strategy, it will continually require both understanding and influencing human values, prioritising and making appropriate decisions about their (...) expansion. It is possible that some trends we know will continue, while other changes in values, economy, politics, demography and climate will shape the future of protected areas. Ignoring the elements of the economy is unlikely to benefit protected areas, so protected areas can be seen as a humanitarian way to economically exploit the environment. (shrink)

The rapidly declining biosphere integrity, representing one of the core planetary boundaries, is alarming. One of the most widely accepted measures to halt the rate of biodiversity loss is to maintain and expand protected areas that are effectively managed. However, it requires substantial finance derived from nature-based tourism, specifically visitors from urban areas. Using the Bayesian Mindsponge Framework (BMF) on 535 Vietnamese urban residents, the current study examined how their biodiversity loss perceptions can affect their willingness to (...) pay for the entrance fee and conservation in protected areas. We found that perceived environmental degradation, loss of economic growth, loss of nature-based recreation opportunity, and loss of knowledge as consequences of biodiversity loss has indirect effects on paying willingness through the mediation of the attitude towards conservation. Especially, the perceived knowledge loss also has a direct positive influence on the willingness to pay for the entrance fee and conservation. In contrast, perceived loss of health is negatively associated with the attitude towards conservation. Based on these findings, we suggest that building an eco-surplus culture among urban residents can be a promising way to generate more finance from nature-based tourism for conservation in protected areas and ease the domestic government's and international organizations' funding allocations problems. (shrink)

Local perceptions of protected areas are important for conservation and the sustainability of protected areas. We undertook qualitative and ethnographic fieldwork to explore relationships between people and protected areas in the Blouberg mountain range, South Africa. The history of land use and current relationships with protected areas reveal legacies of marginalisation and immiseration, giving credence to a theory of traumatic nature. The impacts of traumatic nature manifest themselves in local discourses and narratives (...) of nature, protected areas and conservation. (shrink)

Integrating the concept of place meanings into protected area management has been difficult. Across a diverse body of social science literature, challenges in the conceptualization and application of place meanings continue to exist. However, focusing on relationships in the context of participatory planning and management allows protected area managers to bring place meanings into professional judgment and practice. This paper builds on work that has outlined objectives and recommendations for bringing place meanings, relationships, and lived experiences to the (...) forefront of land-use planning and management. It proposes the next steps in accounting for people’s relationships with protected areas and their relationships with protected area managers. Our goals are to 1) conceptualize this relationship framework; 2) present a structure for application of the framework; and 3) demonstrate the application in a specific protected area context, using an example from Alaska. We identify three key target areas of information and knowledge that managers will need to sustain quality relationship outcomes at protected areas. These targets are recording stories or narratives, monitoring public trust in management, and identifying and prioritizing threats to relationships. The structure needed to apply this relationship-focused approach requires documenting and following individual relationships with protected areas in multiple ways. The goal of this application is not to predict relationships, but instead to gain a deeper understanding of how and why relationships develop and change over time. By documenting narratives of individuals, managers can understand how relationships evolve over time and the role they play in individual’s lives. By understanding public trust, the shared values and goals of individuals and managers can be observed. By identifying and prioritizing threats, managers can pursue efforts that steward relationships while allowing for the protection of experiences and meanings. The collection and interpretation of these three information targets can then be integrated and implemented within planning and management strategies to achieve outcomes that are beneficial for resource protection, visitor experiences, and stakeholder engagement. By investing in this approach, agencies will gain greater understanding and usable knowledge towards the achievement of quality relationships. It represents an investment in both place relationships and public relations. By integrating such an approach into planning and management, protected area managers can represent the greatest diversity of individual place meanings and connections. relationships, place meanings, trust, narratives, planning, protected areas. (shrink)

The overall objective of the study was to examine the pros and cons of the participatory approach adopted in natural resource management in the ecologically protected areas of the Sundarbans mangrove of Bangladesh. A comparative study was done between the people who are involved and non-involved in this approach. Empirical data was collected through personal interviews with a structured questionnaire. The Gini coefficient was measured first and then embedded with the Lorenz curve to draw a line between perfect (...) equality and inequality vis-a-vis. The study revealed that the co-management built awareness in favor of biodiversity conservation and the efficient use of natural resources. Contradictorily, a segment of different hierarchical committees was involved in destructive activities like poisoning the wetlands for fishing. Therefore, a mixed outcome was found. The findings will help the policymakers in identifying the pitfalls and bottlenecks rooted in co-management. Hence, the study recommends revising the approach to ensure the community’s active participation on an equal basis and take action against them who degrade those resources. Exploring profitable alternative income-generating activities is warranted to narrow down the dependency on the Sundarbans mangrove’s natural resources. In order to address the tragedy of the commons, the study advocates for the unity of all knowledge ranging from science to humanistic scholarship for sound policymaking. (shrink)

Integrating the concept of place meanings into protected area management has been difficult. Across a diverse body of social science literature, challenges in the conceptualization and application of place meanings continue to exist. However, focusing on relationships in the context of participatory planning and management allows protected area managers to bring place meanings into professional judgment and practice. This paper builds on work that has outlined objectives and recommendations for bringing place meanings, relationships, and lived experiences to the (...) forefront of land-use planning and management. It proposes the next steps in accounting for people’s relationships with protected areas and their relationships with protected area managers. Our goals are to 1) conceptualize this relationship framework; 2) present a structure for application of the framework; and 3) demonstrate the application in a specific protected area context, using an example from Alaska. We identify three key target areas of information and knowledge that managers will need to sustain quality relationship outcomes at protected areas. These targets are recording stories or narratives, monitoring public trust in management, and identifying and prioritizing threats to relationships. The structure needed to apply this relationship-focused approach requires documenting and following individual relationships with protected areas in multiple ways. The goal of this application is not to predict relationships, but instead to gain a deeper understanding of how and why relationships develop and change over time. By documenting narratives of individuals, managers can understand how relationships evolve over time and the role they play in individual’s lives. By understanding public trust, the shared values and goals of individuals and managers can be observed. By identifying and prioritizing threats, managers can pursue efforts that steward relationships while allowing for the protection of experiences and meanings. The collection and interpretation of these three information targets can then be integrated and implemented within planning and management strategies to achieve outcomes that are beneficial for resource protection, visitor experiences, and stakeholder engagement. By investing in this approach, agencies will gain greater understanding and usable knowledge towards the achievement of quality relationships. It represents an investment in both place relationships and public relations. By integrating such an approach into planning and management, protected area managers can represent the greatest diversity of individual place meanings and connections. relationships, place meanings, trust, narratives, planning, protected areas. (shrink)

Whether and how to intervene in nature to maintain or restore values is a contested issue among scholars within ecological restoration, protected area management and environmental ethics, but also among the practitioners and public officials who shape how nature is actually managed. This article analyses how the issue of intervention is debated in the case of protected forest area management in Sweden, a country with a traditionally strong preservationist discourse centred on maintaining areas as ‘untouched’ as possible. (...) The analysis shows how this traditional view is challenged by a more interventionist discourse centred on adaptive management for biodiversity, but also how there are still attempts to reaffirm a preservationist discourse and practice. The implications of this as-yet-unsettled debate are discussed, concluding by pointing to a need to examine critically not only the older preservationist discourse and ‘naturalness’, but also the ascendant interventionist discourse and ‘biodiversity’. (shrink)

We consider a fishery model with two sites: (1) a marine protected area (MPA) where fishing is prohibited and (2) an area where the fish population is harvested. We assume that fish can migrate from MPA to fishing area at a very fast time scale and fish spatial organisation can change from small to large clusters of school at a fast time scale. The growth of the fish population and the catch are assumed to occur at a slow time (...) scale. The complete model is a system of five ordinary differential equations with three time scales. We take advantage of the time scales using aggregation of variables methods to derive a reduced model governing the total fish density and fishing effort at the slow time scale. We analyze this aggregated model and show that under some conditions, there exists an equilibrium corresponding to a sustainable fishery. Our results suggest that in small pelagic fisheries the yield is maximum for a fish population distributed among both small and large clusters of school. (shrink)

This article engages with pragmatic sociology to understand an environmental dispute and its underlying moral issues in a direct-democratic and bottom-up setting. The non-establishment of a planned national park in the Swiss Alps serves as a case study to analyse principles of worth presented in national park negotiations. We point to the complex nature of conservation negotiations and argue that loosely defined ideas of the common good can lead to additional difficulties for a bottom-up project. Moreover, we open up new (...) ground for discussion concerning the interplay of nature conservation and direct democracy. (shrink)

Judgments concerning animals have arisen across a variety of established practice areas. There is, however, no publicly available repository of judgments concerning the emerging practice area of animal protection law. This has hindered the identification of individual animal protection law judgments and comprehension of the scale of animal protection law made by courts. Thus, we detail the creation of an initial animal protection law repository using natural language processing and machine learning techniques. This involved domain expert classification of 500 (...) judgments according to whether or not they were concerned with animal protection law. 400 of these judgments were used to train various models, each of which was used to predict the classification of the remaining 100 judgments. The predictions of each model were superior to a baseline measure intended to mimic current searching practice, with the best performing model being a support vector machine (SVM) approach that classified judgments according to term frequency—inverse document frequency (TF-IDF) values. Investigation of this model consisted of considering its most influential features and conducting an error analysis of all incorrectly predicted judgments. This showed the features indicative of animal protection law judgments to include terms such as ‘welfare’, ‘hunt’ and ‘cull’, and that incorrectly predicted judgments were often deemed marginal decisions by the domain expert. The TF-IDF SVM was then used to classify non-labelled judgments, resulting in an initial animal protection law repository. Inspection of this repository suggested that there were 175 animal protection judgments between January 2000 and December 2020 from the Privy Council, House of Lords, Supreme Court and upper England and Wales courts. (shrink)

Agriculture in the Netherlands is a critical industry, in terms of both its share of available land and its importance to the Dutch economy. Cultural-technical improvements and intensification of land use have resulted in increased productivity, but have also threatened vulnerable and valuable natural habitats and landscapes. TheRelatienota, a government report issued in 1975, introduced an environmental policy implemented by regulation in 1983 and 1988. Under this policy,Relatienota areas (management areas and reserves) are established. Farmers in management (...) class='Hi'>areas voluntarily enter private contracts (management agreements) with the government, in which they promise to tailor agricultural production to nature and landscape conservation. By compensating farmers for activities that maintain existing natural conditions, management agreements provide the incentive for extraordinary efforts to protect agricultural environments for valuable plant and animal species. Particularly sensitive natural areas, where environmental values are incompatible with economic farming, are identified as reserves, and the land is purchased for specialized management.AlthoughRelatienota policy has been implemented on a limited number of hectares, it is an important component of the efforts in the Netherlands to protect and preserve vulnerable natural areas. As a model of negotiated cooperation between government, farmers, and nature protection interests, its success may encourage other nations in the Economic Community to use private contracts to further societal goals. (shrink)

PurposeWithin a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection.Design/methodology/approachThis study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the (...) rest of the world in general.FindingsThe study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment.Research limitations/implicationsThere is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes.Practical implicationsThe mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas.Social implicationsConsumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase.Originality/valueConsumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general. (shrink)

Protecting the Vulnerable explores the reality of patient control and choice in health care and analyzes how decisions should be made on behalf of those deemed incapable of making decisions. The contributors, distinguished experts from the disciplines of medicine, ethics, theology, and law, look at the complex problem of autonomy and consent in health care and clinical research today from an illuminating perspective--its impact on the vulnerable members of society. The essays move from the exploration of lingering paternalism in health (...) care to the acute dilemma of treatment of and research on newborn babies. In covering both general and specific problems the collection reveals how exploitation can occur when the right of autonomy is eroded and where informed consent is illusory. Particularly vulnerable groups, such as children and people with mental handicaps, are discussed alongside cases where the vulnerability is itself an issue. Other areas covered include: `gesture' suicides, the practical problems of doctors in dealing with dependent patients, and the limits of proxy consent. All health care professionals, ethicists, policy makers, and lawyers currently engaged in the study or practice of health care ethics will find Protecting the Vulnerable to be a vital source of information for many years to come. (shrink)

This chapter exposes the tensions that afflict the shaping of European Union (EU) consumer law and policy and demonstrates that the relationship between EU and national consumer law is dynamic and not always coherent. A‐Punkt Schmuckhandels provides a good example of what it means to treat consumer protection as a shared competence. EU free movement law confines trade‐restrictive national measures to the area within which they can be justified, but it does not insist on their inevitable elimination. EU consumer policy (...) in its legislative dimension is predominantly the product of Article 114 Treaty on the Functioning of the European Union (TFEU), which succinctly deals with harmonization. EU consumer law and the project of market integration are intimately connected. Indeed, market integration is intended to yield beneficial effects for the consumer by improving competition and widening choice. (shrink)

Important marine mammal areas (IMMAs)—‘discrete habitat areas, important for one or more marine mammal species, that have the potential to be delineated and managed for conservation’ (IUCN Marine Mammal Protected Areas Task Force 2018, p. 3)—were introduced in 2014 by the IUCN Marine Mammal Protected Areas Task Force to support marine mammal and wider ocean conservation. IMMAs provide decision-makers with a user-friendly, actionable tool to inform them of the whereabouts of habitat important for marine (...) mammal survival. However, in view of their non-prescriptive, evidence-based and biocentric nature, the conservation effectiveness of IMMAs is strictly dependent on politicians’ willingness to make use of them. It has been the customary task of advocacy non-governmental organisations to lobby decision-makers to stimulate respect for environmental law, but the scientific community is increasingly joining this effort. Scientists can effectively strengthen a healthy relationship between scientific objectivity and political advocacy without damaging the credibility of conservation science. Thus, those undertaking the identification of IMMAs can be among those responsible for strongly advocating the implementation of IMMAs and other conservation initiatives. (shrink)

How are social protections evolving in the developing world, particularly as those nations confront the challenges of globalization? Scholars in this special issue examine the challenges, continuity, and changes in social protections across the developing world over the last few decades. The common theme that emerges from this informative group of papers is that developing nations are confronting unique politico-economic difficulties as well as opportunities for the development of their welfare programs. This is a vastly understudied topic. The studies in (...) this issue tackle some of the unanswered questions of the globalization–social protection debate in developing economies, with a particular focus on how politics plays into the relationship. These articles hope to initiate a dialogue and offer suggestions for further research in this critical area of study. (shrink)

Important marine mammal areas (IMMAs)—‘discrete habitat areas, important for one or more marine mammal species, that have the potential to be delineated and managed for conservation’ (IUCN Marine Mammal Protected Areas Task Force 2018, p. 3)—were introduced in 2014 by the IUCN Marine Mammal Protected Areas Task Force to support marine mammal and wider ocean conservation. IMMAs provide decision-makers with a user-friendly, actionable tool to inform them of the whereabouts of habitat important for marine (...) mammal survival. However, in view of their non-prescriptive, evidence-based and biocentric nature, the conservation effectiveness of IMMAs is strictly dependent on politicians’ willingness to make use of them. It has been the customary task of advocacy non-governmental organisations to lobby decision-makers to stimulate respect for environmental law, but the scientific community is increasingly joining this effort. Scientists can effectively strengthen a healthy relationship between scientific objectivity and political advocacy without damaging the credibility of conservation science. Thus, those undertaking the identification of IMMAs can be among those responsible for strongly advocating the implementation of IMMAs and other conservation initiatives. (shrink)

Urban areas are prime targets for international terrorists given the array of valuable physical and social infrastructure they contain. Whereas traditionally governmental, financial, critical infrastructure or military targets have been attacked, increasingly terrorism is targeted at everyday crowded urban spaces which are by their very nature difficult to defend. Subsequently this has led to a wave of pre-emptive and anticipatory counter-terrorism policy in the West in an attempt to secure the defence of the future city. In such policy-making urban (...) terror attacks are viewed as inevitable and unavoidable, but the nature of such attacks is seen as fluid. Notably, recent commando-style attacks against non-western cities — in Mumbai and Lahore in late 2008 and early 2009 respectively — and against soft, unprotected targets has led to a reassessment of western urban security strategies and an assumption that such terrorist modus operandi will migrate to western cities. Such an uncritical reading, as exemplified by the western bias in media reporting in the aftermath of these events, highlights the need for scholars and policy-makers to engage with alternative readings of these events and illuminate the contextual factors underlying terrorism and its tactics, and target selection in particular locations. In developing a more rounded and reflexive understanding of terrorism as a method, planners and policy-makers might be in a better position to progress more nuanced security strategies that aim to tackle the underlying causes of terrorism rather than simply reacting through militarizing an increasing array of urban spaces. (shrink)

This report presents a comprehensive set of recommendations for protection of human beings who are trafficked for the purpose of organ removal or are targeted for such trafficking. Developed by an interdisciplinary group of international experts under the auspices of the project Trafficking in Human Beings for the Purpose of Organ Removal, these recommendations are grounded in the view that an individual who parts with an organ for money within an illegal scheme is ipso facto a victim and that the (...) crime of trafficking in human beings for the purpose of organ removal intersects with the crime of trafficking in organs. Consequently, the protection of victims should be a priority for all actors involved in antitrafficking activities: those combating organ-related crimes, such as health organizations and survivor support services, and those combating trafficking in human beings, such as the criminal justice sectors. Taking into account the special characteristics of THBOR, the authors identify 5 key stakeholders in the protection of human beings trafficked for organ removal or targeted for such trafficking: states, law enforcement agencies and judiciary, nongovernmental organizations working in the areas of human rights and antitrafficking, transplant centers and health professionals involved in transplant medicine, and oversight bodies. For each stakeholder, the authors identify key areas of concern and concrete measures to identify and protect the victims of THBOR. The aim of the recommendations is to contribute to the development of a nonlegislative response to THBOR, to promote the exchange of knowledge and best practices in the area of victim protection, and to facilitate the development of a policy-driven action plan for the protection of THBOR victims in the European Union and worldwide. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Protecting Human Research SubjectsThe Office for Protection from Research RisksJoan Paine Porter (bio)The office for Protection from Research Risks (OPRR), located within the National Institutes of Health, has two divisions: Human Subject Protections and Animal Welfare. This article will address the overall responsibilities and current projects relating to human subject protections.OPRR implements the Department of Health and Human Services' (HHS) regulations for the protection of human subjects (45 CFR (...) 46 (1991)). These regulations fulfill the responsibilities set forth in the Public Health Service (PHS) Act with regard to institutional review boards (IRB) and other protections for human subjects involved in biomedical and behavioral research conducted or supported by HHS. The PHS Act also mandates a program to clarify ethical issues in biomedical research involving human subjects and to address violations of the rights of human subjects of research (P.L. 99-158 (1985)).OPRR staff negotiate assurances of compliance with institutions conducting Federally-supported research involving human subjects. The assurances describe the policies and procedures each institution will follow to fulfill the requirements of the regulations, including specific IRB composition and functions.In addition, OPRR cosponsors with the Food and Drug Administration and awardee institutions a series of regional workshops that address human subject protections issues. These are attended by IRB members, institutional officials, research investigators, and others involved with human subject protections.Current ActivitiesNumerous activities are underway in OPRR. The following describes only a few of the initiatives and studies aimed at helping develop policies and procedures to protect human subjects of research."Points to Consider" DocumentsOPRR is currently working with the National Center for Human Genome Research (NCHGR) to develop a "points to consider" document for IRBs and others involved in large genetic pedigree studies. Many questions have emerged [End Page 279] on topics such as how subjects should be recruited, with whom information should be shared about others in the family, social risks of disclosure in employment and insurance, the circumstances and timing of informing subjects about study results, and involvement of children. OPRR and NCHGR hope to assemble a group this fall to review and refine the points that are now being developed jointly. A conference in South Carolina organized by the American Association for Advancement in the Sciences entitled "Project on the Ethical and Legal Implications of Genetic Testing," helped generate advice, and identified some of the more controversial issues in design and conduct of genetic research that involves large groups of family members.Another "points to consider" effort concerns enrollment of women and minorities in research. The PHS has established a policy that members of these groups must be included in research projects unless there are valid scientific justifications for their exclusion which can be made on a project by project basis (ADAMHA/NIH Policy 1990; NIH/ADAMHA Policy 1990). OPRR has commissioned several scholarly papers to help in developing "points to consider" for IRBs as they balance issues of equitable selection of subjects and protection of these selected individuals. Concerns about enrolling women of childbearing age in research that may be harmful to a fetus, and liability issues frequently dominate discussion in this area. The papers will address ethical, legal, and statistical aspects of enrollment of minorities and women as well as provide a description of various practices and roles of IRBs in addressing goals of fair selection of participants and appropriate protections.OPRR is also working with the PHS Panel on Women, Adolescents and Children to produce a document, also in the form of "points to consider" guidance, concerning enrollment of children who are wards of the state in HIV-related research. Subpart D of the regulations for the protection of human subjects (45 CFR 46) specifically addresses research involving children who are wards of the state, including the special protections that must be provided. State and local officials who have authority to enroll foster care children in research have indicated a desire to obtain advice in this area.The IRB GuidebookA major project that is now being completed under contract to the Poynter Center at Indiana University is the IRB Guidebook. It will revise and expand the current IRB Guidebook produced in the 1980s... (shrink)

This article deals with the issue of consumer complaint and various mechanisms aimed at addressing it. It reviews empirical studies of the interplay between consumer complaining behavior, dispute resolution mechanisms, and administrative enforcement of consumer laws. The article illustrates the evolution of consumer protection and provides a logical framework within which to suggest areas for expanded empirical work in this area. This article reveals research studies on complaining behavior focusing on marketing studies and socio-legal studies. It analyzes the studies (...) linking consumer dissatisfaction and complaining and identifies positive correlations between a variety of factors and a willingness to lodge complaints with third parties. It concerns one main feature of the early empirical work on consumer behavior and information about how much of it is sponsored by governmental entities. The empirical research on consumer complaints reviewed here suggests a number of avenues for future directions in this important area. (shrink)

The article analyses, in a comparative perspective, the phenomenon of the evolution of the protection of surviving spouse’s inheritance rights in France and Lithuania, the two legal systems historically having some points of interaction. The protection of the surviving spouse is one of the major preoccupations of married couples of today, the couple occupying a central role within the contemporary family. Comparative analysis reveals certain points of convergence between these two legal systems inasmuch the surviving spouse is considered by both (...) legislations as an heir ab intestat and whose protection over the years has been considerably strengthened. The surviving spouse is called to inherit alongside with the heirs of the first or second order and is entitled to the proportions in assets that have not ceased to increase. Lithuanian law seems to have been innovative at an earlier stage than French law, as it is only in the beginning of the 21st century that significant reforms were carried out in this area of law in France. Analysis has also revealed apparent differences in the scope of protection of the surviving spouse, both in regards to the protection provided by law (statutory protection), as well as protection organised by the will of the spouses (voluntary protection). In some respects the statutory protection is more extensive in France (for example, complementary statutory rights of the spouse in regards to the dwelling place or the quality of héritier réservataire) and the instruments of this protection seem to be more varied (for example, the possibility for the spouses to organise their matrimonial regime by inserting specific clauses into the nuptial contract, mechanisms outside the nuptial contracts, such as donations, wills or life insurance contracts). However, this protection might appear to be more extensive under Lithuanian law as far as the voluntary protection is concerned taking into account the introduction, by the new Lithuanian Civil Code of 2000, of the joint will of spouses under which the whole property of the deceased spouse shall be inherited by the surviving spouse (except the mandatory share of succession). The article raises some doubts as to the desirability or even feasibility of aligning the two models of protection given the fact that each of the two countries has its own history and traditions. Nevertheless, a proposition resurges from the analysis in regard to the possible improvement of the protection of the rights to the dwelling place of the surviving spouse under Lithuanian law. Some elements from the existing French model could be transposed given that the dwelling place is an essential family element providing some stability for the surviving spouse. (shrink)

This book presents the latest research on the challenges and solutions affecting the equilibrium between freedom of speech, freedom of information, information security, and the right to informational privacy. Given the complexity of the topics addressed, the book shows how old legal and ethical frameworks may need to be not only updated, but also supplemented and complemented by new conceptual solutions. Neither a conservative attitude (“more of the same”) nor a revolutionary zeal (“never seen before”) is likely to lead to (...) satisfactory solutions. Instead, more reflection and better conceptual design are needed, not least to harmonise different perspectives and legal frameworks internationally. The focus of the book is on how we may reconcile high levels of information security with robust degrees of informational privacy, also in connection with recent challenges presented by phenomena such as “big data” and security scandals, as well as new legislation initiatives, such as those concerning “the right to be forgotten” and the use of personal data in biomedical research. The book seeks to offer analyses and solutions of the new tensions, in order to build a fair, shareable, and sustainable balance in this vital area of human interactions. (shrink)

The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. However, most courts that have addressed cases raising both provisions as well as scholars analyzing them have not developed or understood the relationship between the two. This Article does just that and develops the theory that Title IX has broader protections from sex discrimination than the Equal Protection Clause. To reach the conclusion that Title IX offers more protection, this Article (...) proceeds in the following way. In Part II, the Article surveys court decisions and commentary that have explicitly touched on the relationship between Title IX and the Equal Protection Clause. In Part III, the Article then develops its own analysis of the relationship between Title IX and the Equal Protection Clause, using the text and history of Title IX, the jurisprudential differences between Title IX and the Equal Protection Clause, and the theoretical differences between Title IX and constitutional sex discrimination law. Finally, in Part IV, the Article looks at some of the legal issues affected by an analysis of Title IX's relationship to the Equal Protection Clause and posits solutions based on the doctrinal and theoretical conclusions reached in Part III. (shrink)

Research institutions and universities are positioned in a state of inherent struggle to reconcile the pressures and demands of the external environment with those of the scientific community. This paper is focused on one contested area, the division between basic and applied research, and explores how universities work to balance organizational legitimacy and scientific reputation. Building on an in-depth case study of the Weizmann Institute of Science, established as an institute of basic research in the context of the new Israeli (...) state, I explore how managers and scientists at the Institute engaged in organizational experimentation to demarcate basic and applied research during the 1950s–1970s. In analyzing the case of the Weizmann Institute, the paper draws on the concept of boundary-work and explores organizational strategies of boundary-work focused on the demarcation of activities and units and creation of new organizational forms. (shrink)

Human-wildlife conflicts involving protected predators are a major social and environmental problem worldwide. A critical aspect in such conflicts is the role of state institutions regarding predators' conservation, and how this is construed by affected local populations. These interpretations are frequently embodied in conspiratorial rumours, sharing some common traits related to wild and domestic categories, spatial ordering and power relations. In southern Chile, a one-year, multi-sited ethnographic study of human-animal relations in and adjacent to protected areas was (...) undertaken, foregrounding conspiratorial rumours concerning protected predators. Through an analysis of this study and related international cases, this article argues that the uncritical dismissal of rumours and the categories used to interpret such conflicts have detrimental impacts on the conservation of wild predators. Such rumours should be understood as significant comment devices within human-animal relations and the power dynamics that frame human groups affected by them. (shrink)

Human rights issues are present today in almost every area of society and, accordingly, occupy a special place in it. Due to the fact that modern Ukraine is in a transitional state of creating legal, state and public institutions, the process of formation of civil society requires the identification of the nature of legal relations in a transitional period. After all, relations in civil society should be formed on the basis of awareness of the inalienability and non-repudiation of natural human (...) rights. They should be based on the positive legislation of the state. They are the key to the effectiveness of the entire system of social relations. Ensuring human rights is the criterion by which the achieved level of democracy in the state is assessed. The beginning of this process can be called consolidation in the Basic Law of the provision that a person, his life and health, honor and dignity, integrity and security are recognized as the highest social value, and determining the priority of universal values. At the same time, the needs of the present, in fact, directs the development of modern law, is the development of certain general legal standards that allow us to move on to a new qualitative coexistence of nations in the modern world on substantial humanistic principles. In addition to examining the established mechanisms and specifics of protecting everyday human rights, the article examined the new human rights that exist in post-modern society, which today are called the rights of the “fourth generation”. (shrink)

What makes individuals, groups, or even entire countries vulnerable? And why is vulnerability a concern in bioethics? A simple answer to both questions is that vulnerable individuals and groups are subject to exploitation, and exploitation is morally wrong. This analysis is limited to two areas. First is the context of multinational research, in which vulnerable people can be exploited even if they are not harmed, and harmed even if they are not exploited. Second is the situation of women, who (...) are made vulnerable in cultural settings or in entire countries in which they are oppressed and powerless. (edited). (shrink)

Up till now, China has not enacted any legal mechanisms governing certification or supervision for ethics committees. This article analyses deficiencies in the protection of subjects in clinical drug trials under China’s current laws and regulations; it emphasizes that investigators, as practitioners who have direct contact with subjects, play significant roles in protecting and safeguarding subjects’ rights and interests. The paper compares the status quo in China in this area to that of other countries and discusses ways China might enhance (...) the protection of rights and interests of trial subjects, such as enhancing the ethical awareness of investigators through training, improving laws and regulations, and strengthening the communication between investigators and ethics committees. (shrink)

: In light of information uncovered about human radiation experiments conducted during the Cold War, an important charge for the Advisory Committee on Human Radiation Experiments was to assess the current state of protections for human research subjects. This assessment was designed to enhance the Committee's ability to make informed recommendations for the improvement of future policies and practices for the protection of research subjects. The Committee's examination of current protections revealed great improvement over those from the past, yet some (...) problems remain. Although the data collected by the Committee highlight specific areas in need of attention, the Committee's work should be viewed in part as the beginning of a series of ongoing assessments of the adequacy and effectiveness of the protections afforded to human subjects. (shrink)

As scientists target communities for research into the etiology, especially the genetic determinants of common diseases, there have been calls for the protection of communities. This paper identifies the distinct characteristics of aboriginal communities and their implications for research in these communities. It also contends that the framework in the Belmont Report is inadequate in this context and suggests a fourth principle of respect for communities. To explore how such a principle might be specified and operationalized, it reviews existing guidelines (...) for protecting aboriginal communities and points out problems with these guidelines and areas for further work. (shrink)

In this study, the under-examined area of privacy perception and protection on Chinese social media is investigated. The prevalence of digital technology shapes the social, political and cultural aspects of the lives of urban young adults. The influential Chinese social media platform WeChat is taken as a case study, and the ease of connection, communication and transaction combined with issues of commercialisation and surveillance are discussed in the framework of the privacy paradox. Protective behaviour and tactics are examined through different (...) perceptions of privacy in the digital age. The findings of this study suggest that users possess certain amount of freedoms on WeChat. However, users’ individual privacy attitudes and behaviour in practice suggest they have a declined sense of their own freedom and right to privacy. A privacy paradox exists when users, while holding a high level of concerns, in reality do little to further the protection of their personal information on WeChat. We argue that once a user has ingrained part of their social engagement within the WeChat system, the incentive for them to remain a part of the system outweighs their requirement to secure their privacy online as their decision-making is largely based on a simple cost-benefit analysis. The power and social capital yielded via WeChat is too valuable to give up as WeChat is widely used not only for private conversations, but also for study or work-related purposes. It further blurs the boundaries between the public, the professional and the private, which is a rather unique case compared with other social media around the world. (shrink)

BackgroundData processing of health research databases often requires a Data Protection Impact Assessment to evaluate the severity of the risk and the appropriateness of measures taken to comply with the European Union General Data Protection Regulation. We aimed to define and apply a comprehensive method for the evaluation of privacy, data governance and ethics among research networks involved in the EU Project Bridge Health.MethodsComputerised survey among associated partners of main EU Consortia, using a targeted instrument designed by the principal investigator (...) and progressively refined in collaboration with an international advisory panel. Descriptive measures using the percentage of adoption of privacy, data governance and ethical principles as main endpoints were used for the analysis and interpretation of the results.ResultsA total of 15 centres provided relevant information on the processing of sensitive data from 10 European countries. Major areas of concern were noted for: data linkage, access and accuracy of personal data and anonymisation procedures. A high variability was noted in the application of privacy principles.ConclusionsA comprehensive methodology of Privacy and Ethics Impact and Performance Assessment was successfully applied at international level. The method can help implementing the GDPR and expanding the scope of Data Protection Impact Assessment, so that the public benefit of the secondary use of health data could be well balanced with the respect of personal privacy. (shrink)

Research has found an inverse relationship between posttraumatic growth and suicidal ideation in military and community samples that holds when controlling for other suicide risk factors. However, further research is needed into the underlying mechanisms to clarify how PTG protects against the formation of suicidal ideation. The current two-wave longitudinal study examined whether perceiving PTG from recent adverse circumstances while in a national lockdown during the COVID-19 pandemic attenuated the positive relationship of two interpersonal suicide risk factors – perceived burdensomeness (...) and thwarted belonginess –over 6 weeks. Participants were recruited online from Prolific from income-deprived areas in the United Kingdom. Post-hoc power analyses indicated we had insufficient power to examine the hypothesised mediation for TB. We examined whether PTG mediated the relationship between PB at wave 1 and wave 2 while controlling for depression and anxiety in a sample of individuals at-risk for suicidal ideation. PTG did significantly and partially mediate the positive relationship between PB at wave 1 and 2. We discuss the theoretical and clinical implications that could result if future research successfully replicates these initial exploratory findings. (shrink)

The seriousness of the COVID-19 pandemic requires a look into the implementation of drug registration rules for COVID-19 vaccines. Amidst the surrounding exigencies, vaccines being a biological product, require comprehensive and continuing pre and post registration rules to ensure their safety and efficacy. The study focuses on Malaysia which has rules on drug registration that have been successfully applied to vaccines. The study shows that the rules have been tailor-made to emergency situations. At the moment, special rules have been introduced (...) including to allow use of COVID-19 vaccines as unregistered product. Recognition of COVID-19 Vaccines Global Access (COVAX) facility and requirement for government sale only, are among the safety valves. The study shows that these however are temporary measures against the backdrops of possible entry of private players in the vaccination process. Therefore, regulatory responses to intellectual property (IP) related conditions underlying drug registration, and measures to ensure risk management involved in vaccine production, approval and administration are needed in the progressive rules pending further development of research in the area. (shrink)

Traditional folk music refers to customary songs and tunes played since time immemorial in a specific area. As an expression of culture and identity, this kind of music can be deemed as the heritage of the local community in its entirety, and derives from musical practices transmitted orally and repeated over a long period of time by a group of people, who, in so doing, keep their traditions alive. From this point of view, the owner of traditional folk music is (...) not a specific composer, but all the members of a local community. But this clashes with the efforts to copyright traditional folk music expressions, since often copyright acts do not recognize forms of collective ownership on folklore and traditional knowledge. This paper aims to discuss possible solutions to tackle the issues related to the protection of traditional folk music, by considering not only the literature in the field of intellectual property, but also the outcomes of the legal formants and the comparative methodology, taking into consideration the studies of the social sciences involved in this topic, in particular anthropology and ethnomusicology. The final task is to find a place for traditional folk music within the framework of copyright law and verify its level of protection. (shrink)

Adverse childhood experiences are prevalent in many western populations. Large studies have put the likelihood of having at least one ACE above 50% of the general population. ACEs and the associated experience of chronic stress, moreover, have been consistently linked with a variety of negative physical and psychological health outcomes across the lifespan from behavioral problems and cognitive difficulties early on, to greater chance of suffering from a mental health disorder and engaging in self destructing behaviors. The literature puts forward (...) several protective factors, such as mother-child relations, parental health, and community engagement. In this perspective paper we put forward the potential of regular nature engagement as a possible additional protective factor. Nature’s therapeutic potential has been well documented, for many psychopathologies and mental health difficulties. Yet studies looking at the protective and therapeutic potential of nature with people with ACEs are remarkably limited in numbers. In this perspective piece we conduct a search of the literature to find previous applications of nature as a protective or therapeutic intervention for people with ACEs. We highlight the gap in the current literature, and put forward various mechanisms of action that justify a closer exploration of this area in further research. (shrink)

In the last decade, biodiversity became a central concept of ecology, as important as the concepts of sustainable development, right for future generations, global changes for instance. Biodiversity received a recognition through, the Brundtland report (1987) and the Earth Summit of Rio de Janeiro (1992). Protection of biodiversity represents nowadays a ethical and political obligation.If the concept is rather clear and is applied at three levels, genes (intraspecific and interspecific), species and ecosystems, if we know that the diversity is unequally (...) distributed, concentrated in tropical areas, if it is clear that ecologists have still the immense task to describe this diversity, the ethical foundations of protection of biodiversity are unclear by the high variability of concepts in use.Environmental ethics and protection of biodiversity are often placed in aKind of antagonism, between technocratism or neo-liberralism and fundamentalism of Nature or even eco-fascism. But, in fact, there is no need for an “either-or” attitude, for an “all-or- nothing” thought for an opposition between “natural” and “artificial” or between anthropocentrism and biocentrism: we have here perhaps not incompatible opposites but poles on an spectrum allowing for many degrees.We must manage that the needs of the present are met without compromising the ability of future generations to meet their own needs. Sustainability is:* socially desirable, fulfilling people's cultural, material and spiritual needs in equitable ways, *economically viable, paying for itself with costs not exceeding income, ecologically viable, maintaining the long-term viability of supporting ecosystems.The “business-as-usual” activity resulted in low rigorous protection of biodiversity, we need an increasing part of ethical considerations in the environmental discussion. (shrink)

The first Ukrainian translation of the text by Boguslaw Wolniewicz " Let's protect schools". Boguslaw Wolniewich is a new figure in Ukrainian information space. This Warsaw professor and visiting professor at a number of leading American and European universities, a member of the International Wittgenstein Society, also known for his journalistic activities, including appearances in the press, radio and television, and lectures on YouTube where he became a real star of the Internet. The main areas of his thought were (...) logic, metaphysics, ethics, philosophy of religion and philosophy of law, but he gained the most recognition as the creator of the ontology of the situation, as translator and commentator of Ludwig Wittgenstein, as well as a critic of freudianism, phenomenology, postmodernism, marxism and religious fundamentalism. In his opinion, school reform cannot destroy the authority of a teacher – even for the sake of introducing the latest foreign educational models. Wolniewicz defends the ideals of the classical school, which should give students scientifically sound knowledge, not just practical recipes for survival in society. He emphasizes that the main task of the school is education, and education can appear in it only as a valuable by-product – as doping. The school educates only through learning: through its content, its level, its requirements and its appropriate organization. Wolniewicz warns against the dominance of bureaucracy in the school, and sees the mission of the state in ensuring educational autonomy. A school should not be a profit-oriented institution or a means of building the personal career of an official. (shrink)

Intellectual property law has been interacting with software for over sixty years. Despite this, the law in this area remains confused and uncertain: this is particularly evident in patent law. Focusing on U.S. patent law from the 1960s through to the mid-1970s, this article argues that a key reason for this confusion relates to the particular way that the subject matter was construed. While the early discussions about subject matter eligibility were framed in terms of the question “is software patentable?”, (...) what was really at stake in these debates was the preliminary ontological question: what is software? Building on work that highlights the competing ways that software was construed by different parts of the information technology industry at the time, the article looks at the particular way that the law responded to these competing interpretations and how in so doing it laid the foundation for the confusion that characterizes the area. When engaging with new types of subject matter, patent law has consistently relied on the relevant techno-scientific communities not only to provide the law with a relatively clear understanding of the nature of the subject matter being considered; they have also provided the means to allow the law to describe, demarcate, and identify that new subject matter. The inherently divided nature of the nascent information technology industry meant that this was not possible. As a result, the law was forced to develop its own way of dealing with the would-be subject matter. (shrink)

The impacts of early fishing on aquatic ecosystems were minimal, as primitive technologies were used to harvest fish primarily for food. As fishing technology grew more sophisticated and human populations dispersed and expanded, local economies transitioned from subsistence to barter and trade. Expanded trade networks and mercantilization led to surplus catches becoming tradable commodities. Today, global export fish commodities, including fresh, frozen, cured, and canned fish, are valued at over US$ 100 billion, but commoditization loses the ecological imperative, with overfishing (...) the result. To sustain global fisheries, human and ecosystem relationships with living fish need to be valued, as fish landed for both food and profit. Toward this end, we propose two decommoditization strategies: (a) valuing cultural property, the intergenerational relationships of people to places, in environmental policy and (b) instituting social subsidies that reward or enable local communities to cooperate in sustaining aquatic living resources, such as with marine protected areas. (shrink)

Este trabajo muestra la percepción de la población humana asentada en las siete áreas naturales protegidas federales de Baja California Sur, desde el punto de vista del conocimiento empírico sobre los cambios en el medio ambiente y recursos naturales ante efectos del Cambio Climático (CC). Se recolectaron datos a partir de la aplicación de 250 encuestas cualitativas en 2011. Los resultados muestran que la mayor parte de la población conoce el significado de CC y que los efectos que perciben son (...) reducción en la superficie forestal por cambio en uso de suelos, reducción de la actividad pesquera por cambios en las condiciones del mar, efectos negativos en el hato ganadero y frecuencia e intensidad de huracanes, aumento en sequías, falta de agua y reducción en la actividad ecoturística por cambios en las playas. Estudios han demostrado que la valoración subjetiva de la población humana contribuye a cambios en el comportamiento mediante una estrategia de adaptación y toma de conciencia del ciudadano. (shrink)