Luís Guilherme Nascimento de Araujo, Caroline Müller Bitencourt, Clovis Gorczevski
Este estudo busca analisar o Estado social como um fenômeno moldado pelas transformações do capitalismo entre os séculos 19 e 20, quando mudanças profundas na acumulação capitalista alteraram as estruturas estatais, adaptando-as a novas lógicas de produção material e reprodução da vida social. A pesquisa também examina as particularidades do Estado social na América Latina, destacando os desafios do capitalismo dependente. Por fim, sugere-se que os conceitos de capacidades estatais e políticas públicas podem oferecer respostas adequadas aos problemas regionais. Conclui-se que um Estado institucionalmente fortalecido é essencial para enfrentar as pressões do capitalismo global e implementar políticas que atendam às necessidades locais. Quanto à metodologia, utilizou-se da técnica de pesquisa bibliográfica, pelo método analítico e pela abordagem dialética, ferramentas que permitem uma análise teórica consistente da problemática.
Environmental sciences, Law in general. Comparative and uniform law. Jurisprudence
Much has already been written about secondary policies, and then promoted to horizontal and now almost on a par with the primary objective of public procurement-competition. It should be noted that European jurisprudence, followed by the Public Procurement Directives, has always limited the use of public procurement as a vehicle for the promotion of environmental, social and sustainable development policies, which has recently become increasingly emphasised with the transition from linear to circular economy. For reasons linked to the cross-cutting nature of environmental policies and the national economic connection of social policies, the former are more suited for harmonising member states’ legal systems. As a result, the promotion of the social impact of public procurement is often limited to matters in which the European Union legislates —the labour feld— or to the more primary dimensions of constitutionality associated with the principle of equality and Human Rights. Our re?ection therefore aims to go beyond what European case law and directives enshrine and recognise, asking whether environmental policies might contribute to social sustainability as well. We will try to prove this by presenting practical examples. The cases presented, as a method, are meant to be a “proof of concept”.
Law, Law in general. Comparative and uniform law. Jurisprudence
This study examined institutional factors that may facilitate or constrain the implementation of Payments for Environmental Services (PES) for watershed conservation in the Mount Hamiguitan Range Wildlife Sanctuary (MHRWS). Focusing on sustaining the water supply from MHRWS watersheds to nearby communities, the assessment drew from key informant interviews and secondary data. Enabling factors for PES implementation include supportive national environmental laws and programs implemented locally; stakeholder engagement, which has waned but has the potential to be revitalized; and clear property rights for the Mandaya indigenous community and farmers in the watersheds. However, key constraints, such as limited institutional capacity and the effects of the absence of PES institutionalization, were evident. Institutional challenges include limited PES knowledge, inadequate water management data, weak representation of indigenous people and tenured farmers in the PAMB, and declining funds for protected area management. The lack of a national PES law or framework has disrupted conservation efforts due to government leadership transitions and can similarly affect PES initiatives. The findings suggest prioritizing capacity building, stakeholder engagement, and sustainable funding as management directions. At the same time, policies should emphasize institutionalizing PES, strengthening tenure rights, and aligning local actions with national environmental laws. Participation by MHRWS lead bodies in the ongoing national Payment for Water Ecosystem Service (P-WES) institutionalization process can catalyze PES implementation. This involvement can enhance their capacity to address current challenges while inspiring stakeholders to adopt PES—particularly P-WES—for effective watershed management and sustainable water supply.
Rose Foster, Nicole Shumway, Daniel Harrison
et al.
Marine Cloud Brightening (MCB) is an emerging technology designed to mitigate the impacts of climate change by increasing the reflectivity of low-lying marine clouds. As research into this technology advances, the question of how to govern its trials and deployment becomes increasingly important. This paper identifies 12 challenges and 13 recommendations for governance of MCB, based on a systematic review of 27 publications. These findings are explored in relation to the design of effective MCB governance, with a particular focus on potential small-scale applications for ecosystem conservation purposes, like coral bleaching mitigation. The paper underscores the existing knowledge gaps and potential avenues for future MCB governance research, contributing to the burgeoning literature on the governance of innovative technologies aimed at addressing global environmental challenges. To manage potential risks and maximise potential benefits, it is crucial to understand the governance challenges MCB presents and explore options to address these challenges.
In an era prioritizing sustainability, the energy sector plays a pivotal yet complex role in shaping future development. Its transition is strongly influenced by legal and decision-making frameworks, which require adaptation to rapidly changing technological and market conditions. This article investigates national and international legal structures that regulate and facilitate the transformation toward sustainable energy systems. A Systematic Literature Review, complemented by a Classical Literature Review and bibliometric mapping using VOSviewer, is used to identify and visualize key research areas at the intersection of energy policy, environmental law and managerial decision making. The analysis reveals a fragmented legal landscape structured around six main thematic clusters, covering core energy markets, environmental regulation, comparative legal analyses, efficiency and commerce, digital transformation and energy policy and security. These clusters highlight specific regulatory strengths, such as well-developed sectoral market rules, as well as gaps, including uneven enforcement of environmental norms, limited integration of climate objectives into sectoral regulations and a lag between technological innovation and legal frameworks. Building on these findings, this article introduces the concept of a compensatory model of energy law, which combines preventive, corrective and restorative instruments to distribute the costs and benefits of the energy transition more fairly. This study contributes to the academic and policy debate by clarifying how legal governance and managerial strategies jointly shape the trajectory of the energy sector’s transformation and by outlining directions for future research and regulatory reform.
Jeane A. dela Cruz, Tessa Camenzind, Baile Xu
et al.
Abstract Background Fungicides are an effective tool for protecting crops and maintaining a steady food supply. However, as pathogens continue to evolve, it is crucial to prolong the effectiveness of fungicides by delaying resistance development. A key strategy to achieving this is to combine or rotate fungicides with different modes of action. As fungicides lack specificity, they inevitably affect both pathogenic and non-pathogenic fungi when surrounding environments are unintentionally contaminated. Our study aims to investigate the effects of recommended application methods to prevent resistance development, specifically repeated-single fungicide, simultaneous mixture, and sequential applications on non-target soil fungi, and the subsequent impacts on important soil processes. We used fungicides with different modes of action on soil microcosms inoculated with fungi at varying levels of diversity (3, 5, and 8 species) isolated from a protected grassland. Results We found that repeated treatments of individual isopyrazam and prothioconazole differentially inhibited fungal activity. Although mixture applications are considered more protectant against crop pathogen resistance than repeated application, our study revealed stronger negative effects of simultaneous application on saprobic fungi and consequently on soil processes. However, contrary to expectations, higher fungal diversity did not translate to improved soil function under these conditions. Conclusions The simultaneous application of fungicides with different modes of action (MoA) has more pronounced non-target effects on soil compared to the individual or sequential application of fungicides. These non-target effects extend beyond the intended control of pathogenic fungi, impacting saprobic and beneficial soil microbes and the critical processes they drive. When fungicides are applied concurrently, microbial activities in the soil are significantly altered, even in soils with high microbial diversity. Our study emphasizes the importance of carefully considering the unintended consequences of fungicide use in agriculture. As we strive for a secure food supply, it is crucial to investigate the broader environmental impacts of these chemical interventions, including their effects on non-pathogenic fungi and overall soil health.
Law Number 11 of 2020 concerning Job Creation is claimed to solve the problem of corruption which has become a serious problem in the bureaucracy that has hindered growth of economics and investments so far. The legislators have taken steps to regulate, amend, and delete several provisions in about 79 laws. This paper aims to see the extent the issue of eradicating corruption has been taken in the politics of drafting a quo law, particularly in relation to the environmental sector. The results of the study show that the Environmental Sector Job Creation Law contains many crucial norms that are not in line with the anti-corruption spirit. This is because there are many gaps or spaces in these norms that can be misinterpreted according to the interests of the government and economic or political interest groups. Instead of preventing and reducing corruption, the Environmental Job Creation Law has the potential to give birth to corrupt practices in business licensing and political corruption related to various considerations for granting permits. This is exacerbated by reducing anti-corruption principles such as transparency, disclosure of information, and genuine participation.
Korneev Sergey, Pichugin Sergey, Butenko Tatyana
et al.
In light of the social need for the humanization of criminal policy, annually confirmed by the supreme authorities of the state, the specialized literature has updated the topic related to the prohibition of double jeopardy (it protects against a second prosecution for the same offense after acquittal, against a second prosecution for the same offense after conviction and against multiple punishments for the same offense). This issue is analyzed by researchers in the context of the «non bis in idem» principle, which has received regulation both in the norms of national and international law. An analysis of the law enforcement practice of the judiciary in considering criminal cases on the fact of violation of public relations in the field of environmental protection (Chapter 26 of the Criminal Code of the Russian Federation) indicates the permissibility of double, and in some cases triple, intersectoral liability of the perpetrator of crimes. It seems that the legitimacy and the possibility of deprivation and legal restrictions in relation to citizens have been found guilty of committing a crime and who have served the sentence imposed by the court in full does not correspond to the principle of “non bis in idem”, which actualizes the chosen research topic.
The study aimed to identify the features of the structure of organization and management of the research at universities in the USA so that those features are used as variables in further research. The study used the method of content analysis of qualitative type to identify patterns of the structure of organization and management of the research in universities in the USA. It was found that the structure of organization research management at universities in the USA relies on four domains such as scientific, organisational (institutional), financial and legislative. The university research activity in the USA is regulated by federal law. The research office is involved in proposal development, negotiation, and management of the award, ensuring regulatory compliance regarding intellectual property protection and technology transfer, communication of policies and processes, dissemination of funding opportunities, and the sufficient level of committed effort dedicated to a project and certification. The office draws the emphasis on compliance with the below-outlined areas such as fiscal – cost transfers and sharing, direct charging, effort, financial and income monitoring and reporting, and research – animal subject (IACUC) and human subject (IRB) protections, conflicts of interest, environmental health and safety, export controls, invention disclosure, and reporting, scientific overlap and misconduct. The structure of organization and management of the research is based on the above collaborative work which is called shared governance with the bottom-up management approach. Further research is needed in the bottom-up management application prerequisites to be used in Ukraine.
An environmental management system provides the institutional foundation for sound environmental governance. Conventional environmental management systems, deriving from the combination of the vertical management of competent authorities and the localized management of local governments, can lead to local protectionism and implementation deviation at the local level. Since 2016, environmental vertical management reform has been performed as a significant part of the overall promotion of the ecological civilization in China. Representing the most fundamental reform of China’s local environmental management system since the Environmental Protection Law of 1989, the environmental vertical management reform focuses on the reconstruction and adjustment of the environmental management functions among the local governments, and their environment protection authorities at the provincial, city, and county levels. In this paper, we provide an overview of the basic theory of the vertical management model, as well as the motivation for—and the legal/policy background, focuses/content, local practices, and results of—the environmental vertical management reform in China. In the discussion section, we analyze the current problems that impede the effectiveness and sustainability of this reform. On the basis of the analysis of the present and the problems, we raise the question of whether this round of reform is effective and will be sustainable in the future. In response to the challenges, feasible recommendations are proposed. These suggestions include firmly promoting the rule of law in the process of implementing the reform, enhancing the institutional supply and capacity building at the grassroots level, and taking advantage of the holistic governance under the leadership of the Communist Party of China (CPC).
Bruno Mello Correa de Barros, Marília do Nascimento Pereira, Rafael Santos de Oliveira
O presente estudo tem como escopo principal tratar da inserção da biotecnologia no âmbito de proteção da propriedade intelectual, em especial nos seus reflexos no acesso aos medicamentos pela população. Coloca-se em evidência o acordo TRIP’s que instaurou a matéria em âmbito internacional envolvendo os países integrantes da Organização Mundial do Comércio – OMC, incluindo-se o Brasil. Destaca-se o embate entre o direito constitucional à saúde e o sistema de patenteamento da propriedade intelectual. Para tanto, utilizou-se em sede de metodologia o método de abordagem dedutivo e método de procedimento monográfico que propiciaram um ensaio amplo sobre a temática. Em sede de conclusão, observou-se que o patenteamento de medicamentos tem consequências drásticas no acesso a essas substâncias, contribuindo para o aumento de doenças negligenciadas e a desigualdades sociais.
Environmental sciences, Law in general. Comparative and uniform law. Jurisprudence
Kanna Hayashi, Lianping Ti, Prempreeda Pramoj Na Ayutthaya
et al.
Abstract Background Methadone maintenance therapy (MMT) is a mainstay for treating opioid use disorder and preventing and managing HIV among people who inject drugs (PWID). While previous research suggested low dosing of methadone and high rates of discontinuation of MMT among PWID in Thailand, little is known about patients’ lived experiences with MMT in this setting. Therefore, we conducted a mixed-methods study to examine barriers to retention in MMT among PWID in Bangkok, Thailand, with particular attention to methadone dosing. Methods Bivariate statistics were used to analyze quantitative survey data collected from methadone-treated PWID between July and October 2011. Qualitative data collected through semi-structured interviews with 16 methadone-treated PWID between July 2011 and June 2012 were analyzed thematically, with a focus on individual-level, social-structural, and environmental barriers to accessing MMT. Results Among 158 survey participants, a median dosage of methadone was 30 mg/day (interquartile range 20–50). Of these, 15.8% reported having acquired street methadone due to low prescribed dosages of methadone and 19.0% reported recent syringe sharing. Qualitative interview data indicated some methadone provider-related barriers, including discouraging patients from using methadone due to it being a Western medicine, difficulty negotiating higher doses of methadone, and abrupt dose reductions without patient consultation (involving the provision of non-medicated “syrup” in some cases). Social-structural and environmental barriers to optimal MMT access included intense police surveillance of methadone clinics; and frequent incarceration of PWID and a lack of access to methadone in prisons. Conclusions Among our sample of methadone-treated PWID, methadone dosages were suboptimal according to the international guidelines. Poor adherence to international guidelines for opioid agonist therapies, aggressive law enforcement, and a lack of methadone in prisons need to be addressed to optimize MMT and reduce harms associated with untreated opioid use disorder in Thailand.
Scott L. Stephens, Brandon M. Collins, Eric Biber
et al.
Abstract Current U.S. forest fire policy emphasizes short‐term outcomes versus long‐term goals. This perspective drives managers to focus on the protection of high‐valued resources, whether ecosystem‐based or developed infrastructure, at the expense of forest resilience. Given these current and future challenges posed by wildland fire and because the U.S. Forest Service spent >50% of its budget on fire suppression in 2015, a review and reexamination of existing policy is warranted. One of the most difficult challenges to revising forest fire policy is that agency organizations and decision making processes are not structured in ways to ensure that fire management is thoroughly considered in management decisions. Current resource‐specific policies are so focused on individual concerns that they may be missing the fact that there are “endangered landscapes” that are threatened by changing climate and fire. We propose that forest restoration should be at least equal to other land management priorities because large‐scale restoration is necessary for the sake of forest ecosystem integrity now and into the future. Another proposal is to switch the “default” rule in federal planning documents that currently have to “justify” managed wildland fire; instead, U.S. federal agencies should be required to disclose the long‐term ecological impacts of continued fire suppression. Proposed legislation that identifies the most expensive 2% of wildfires annually to be funded from emergency funding instead of by the federal land management agencies. If increases in forest restoration fail to accompany the change in how large wildfires are funded, then U.S. fire suppression costs will remain high while resilience will continue to decline. Expansion of the wildland–urban interface will continue to drive suppression costs higher; new federal partnerships with States and local governments are needed to address this problem. Given the legacy of fire suppression and a future of climate change, management for other values in forests will be, in the long run, futile without also managing for long‐term forest resilience.
São muitos os deveres dos administradores de empresas públicas e sociedades de economia mista, sendo ponto fundamental o conhecimento dos limites de sua atuação, e suas responsabilidades perante empresa e o poder público. No caso das sociedades anônimas estatais, a Administração Pública possuindo o controle acionário das ações ordinárias que dão direito a voto, busca não só o lucro como qualquer pessoa jurídica de direito privado, mas também a inserção estatal em setores estratégicos da economia. Ocorre que até o presente momento não houve a regulamentação prevista no art. 173, §1º, inc. V da Constituição da República que visa tratar da responsabilidade dos administradores dessas empresas, sendo um setor nebuloso tanto para a doutrina quanto para a jurisprudência, sendo necessário buscar auxílio inclusive em doutrina estrangeira para visualizar os parâmetros de responsabilização dos Diretores e do Conselho de Administração.
Environmental sciences, Law in general. Comparative and uniform law. Jurisprudence
The paper deals with the issue covered by the field of industrial property, it deals with the right to designation, especially with characteristics of legal regulation of labeling of products with regard to their geographical origin at the Slovak, communitarian and international levels. Individual objects of the industrial property may be the result of intellectual creative activity of its creator/creators (e.g. inventions, utility models, designs) or they are not the result of creative activity of a particular natural person and are considered as industrial property rights to designation. The group of rights to designation includes: business names, trademarks, designation of origin for products and geographical indications for products. The rights to designation, inter alia, shall ensure uniqueness and competitive advantage for entrepreneurs and easy identification on the market of goods and services for the consumers. The paper closely analyzes the harmonized legal regulation of designations of origin and geographical indications of agricultural products, foodstuffs, spirit drinks, and wines. At the example of Tokaj wine region, it demonstrates the importance of protected designations at the EU level, in case of which demonstrable geographical origin of the product with controlled product specification by authorized national bodies brings a guarantee of quality of this product for consumers and the competitive advantage during their commercial implementation for the entrepreneurs.
The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to extend protection also to the Golden Eagle Aquila chrysaetos. The Bald Eagle was an Endangered Species, but the Golden Eagle was not formally listed as Endangered nationwide in the USA. One of the reasons for extending legal protection to the Golden Eagle under the Act was to strengthen the legal protection of the Bald Eagle, because immature Bald Eagles were being misidentified as Golden Eagles and shot. Additional factors relating to Golden Eagle mortality also made legal protection of the Golden Eagle desirable. The danger that a rare and legally protected species can be misidentified and mistaken for a more common and unprotected species can therefore serve as a reason for bestowing legal protection on the more common species as well. Other factors may also indicate that legal protection of the more common species is desirable, making the case more compelling. If this line of reasoning is applied in respect of South African birds of prey, a strong case can be made in favour of extending legal protection under the national biodiversity legislation to more species than the small number of species currently enjoying such protection. Species that are listed as Vulnerable under South African national biodiversity legislation may be misidentified as species that are not subject to such protection. Additional factors are also present that make such an extension of legal protection desirable.
Law in general. Comparative and uniform law. Jurisprudence
We suggest a holistic framework for analyzing, assessment and improvement of environmental management using “agrariansector” as an example. It incorporates an interdisciplinary approach (Economics, Organization, Law, Sociology, Ecology, Technology, Behavioral and Political Sciences) and includes: specification of managerial actors, needs and spectrum of governing modes (institutional environment; private, collective, market, public modes) at different level of decision-making (individual, farm, eco-system, local, regional, national, transnational, global); specification of critical socio-economic, natural, technological, behavioral etc. factors of managerial choice, and feasible spectrum of managerial forms; defining and assessing comparative and absolute efficiency of eco-management forms and system; improvement of forms of public intervention in eco-management.
It is highly indicative that the genesis and development of the principle of sustainable development on the international scale fully corresponds (time-wise) with the genesis and development of the so-called globalization process. As illogical as it may sound, this fact may provide an answer to the question why the institutionalization of the idea of sustainable development at the international level has not contributed to guiding the globalization process towards the basic human values. Had the leading states in the early 1970s been really aware of the need to control the global economy via ecology, the legal nature of sustainable development at the beginning of the 21st century would have its definite and clear reflection on the economic and social developments of humankind. The fact that the states had no such awareness certainly does not entail that the institutionalization of sustainable development was initiated by scholars and the general public, primarily because their role on the international scene has always been perceived as 'having a snowball fight with a blizzard'. Considering the fact that environmental issues were suddenly given a huge international publicity in the early 1970s, as well as the fact that the idea of sustainable development was not legally institutionalized at a later stage, we are fully entitled to explore the following issue: whether the idea of sustainable development (just like the idea of globalization) was actually initiated and controlled by the corporate elite in possession of huge financial capital. For, what appears to be illogical may actually be an expression of the brilliant art of ruling demonstrated by the covert power-holders. Just as democracy, human rights and protection of the 'free world' have been employed by the United States as a screen for establishing their own imperialisms, the transfer of economic and political power from the state level to the domain of multinational corporations has ensued behind the shroud of international institutionalization of sustainable development; concurrently, environmental issues have been put into the service of justifying the need to transfer the sovereignty from the state to global international institutions. After all, such an understanding of this ruling method is indeed confirmed by the fact that the issue of sustainable development is nowadays largely regarded as a problem of intergenerational solidarity, which is an obvious distraction that leads us off track. The founders of the global neoliberal capitalism do not dispute the need for sustainable development, just as they do not dispute either democracy or the rule of law. Yet, the ruling method employed by the corporate capital elite is not so much exemplified in the denial of the fundamental values of the Western civilization as it is embodied in making these values inconsequential. The latest developments underlying this method today are the sustainable development without a substantial meaning, human rights without actual freedom, the system of representative democracy without a democratic society, and the rule of regulations without the rule of law. Bearing all this in mind, sustainable development may not be equated with the balance of global power of the leading forces on the geo-political scene. The creation of a multi-polar world and the international law reform are important but insufficient conditions for a comprehensive institutionalization of sustainable development. Actually, in order to ensure the capacity of sustainable development as a value-based cornerstone for the survival and development of mankind in the 21st century, it is necessary to disempower the corporate capital elite, encourage the modern man to abandon the materialistic consumption-oriented viewpoint, and move towards creating a system based on ethics and social justice. Moreover, the disempowerment of the corporate capital elite is a necessary precondition for restoring the legitimacy of the rule of law and democracy.
La construcción de dos papeleras en la orilla oriental del río Uruguay provocó un conflicto interestatal que terminó con una sentencia de la Corte Internacional de Justicia que, además de solucionar el problema entre las partes en disputa, desarrolla importantes principios del Derecho Internacional ambiental, como la prevención, la precaución y el estudio del impacto ambiental para proyectos de inversión. Lejos de ser un fallo irrelevante en la evolución de esta parte del Derecho Internacional, el asunto de las plantas de celulosa sobre el r��o Uruguay pertenece al puñado de decisiones de la Corte que se refieren con cierto detalle a los principios jurídicos en los cuales se funda la protección internacional del medio ambiente.<br>The construction of two plants of cellulose in the Eastern bank of the River Uruguay provoked an inter-state conflict that ended up with a sentence of the International Court of Justice that, besides settling the issue between the parties in dispute, develops important principles of international environmental law, like prevention, precaution and environmental impact assessment for investment projects. Far from being an irrelevant judgment in the evolution of this part of international law, the Pulp Mills in the River Uruguay case belongs to the handful of the court's decisions which refer with certain detail to the legal principles on which the international protection of the environment is based.