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1 – 10 of over 2000
Open Access
Article
Publication date: 4 April 2019

Jianwei Zhang, Xiaoyi Jiang and Xiaobin Pan

Legislation plays an essential role in addressing climate change in China. However, many barriers to formulating national legislation to address climate change have so far…

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Abstract

Purpose

Legislation plays an essential role in addressing climate change in China. However, many barriers to formulating national legislation to address climate change have so far prevented its enactment. The bottom-up approach adopted in the international climate regime sets a good example. Accordingly, the purpose of this paper is to discuss the regional legislation to address climate change in China through exploring the following two questions: whether it is necessary to enact climate change legislation at regional level first and whether it is feasible to develop such regional legislation in the absence of national climate change law.

Design/methodology/approach

This paper analyses the necessity and feasibility of regional legislation to address climate change. Section 2 introduces the current legislative framework on climate change in China. Section 3 investigates whether it is better to push the legislative agenda at regional, rather than national level. Section 4 analyses the feasibility of establishing regional legislative systems. Section 5 explores the key issues in formulating and promoting regional legislation.

Findings

This paper concludes that it is necessary and feasible to pilot regional legislation before enacting national legislation. Under these circumstances, local governments can take the initiative to begin formulating regional legislation.

Originality/value

Addressing climate change needs immediate action and effective measures. It is, thus, necessary to reconsider the approach that China should adopt when developing legislation on climate change. This paper contributes to broadening current knowledge of regional climate change legislation in China.

Details

International Journal of Climate Change Strategies and Management, vol. 11 no. 4
Type: Research Article
ISSN: 1756-8692

Keywords

Open Access
Article
Publication date: 18 December 2023

Can Huang, Cong Cao and Wim Coreynen

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for…

Abstract

Purpose

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications.

Design/methodology/approach

This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms.

Findings

This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”.

Originality/value

This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.

Details

Asia Pacific Journal of Innovation and Entrepreneurship, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2071-1395

Keywords

Open Access
Book part
Publication date: 9 December 2021

Mark Taylor and Richard Kirkham

A policy of surveillance which interferes with the fundamental right to a private life requires credible justification and a supportive evidence base. The authority for such…

Abstract

A policy of surveillance which interferes with the fundamental right to a private life requires credible justification and a supportive evidence base. The authority for such interference should be clearly detailed in law, overseen by a transparent process and not left to the vagaries of administrative discretion. If a state surveils those it governs and claims the interference to be in the public interest, then the evidence base on which that claim stands and the operative conception of public interest should be subject to critical examination. Unfortunately, there is an inconsistency in the regulatory burden associated with access to confidential patient information for non-health-related surveillance purposes and access for health-related surveillance or research purposes. This inconsistency represents a systemic weakness to inform or challenge an evidence-based policy of non-health-related surveillance. This inconsistency is unjustified and undermines the qualities recognised to be necessary to maintain a trustworthy confidential public health service. Taking the withdrawn Memorandum of Understanding (MoU) between NHS Digital and the Home Office as a worked example, this chapter demonstrates how the capacity of the law to constrain the arbitrary or unwarranted exercise of power through judicial review is not sufficient to level the playing field. The authors recommend ‘levelling up’ in procedural oversight, and adopting independent mechanisms equivalent to those adopted for establishing the operative conceptions of public interest in the context of health research to non-health-related surveillance purposes.

Details

Ethical Issues in Covert, Security and Surveillance Research
Type: Book
ISBN: 978-1-80262-414-4

Keywords

Content available
Book part
Publication date: 15 June 2022

Abstract

Details

Auditing Practices in Local Governments: An International Comparison
Type: Book
ISBN: 978-1-80117-085-7

Open Access
Article
Publication date: 14 February 2020

Janaka Selvaras

The Open University of Sri Lanka (OUSL) is the only institution to deliver legal education through Open and Distance Learning (ODL) in Sri Lanka. This study aims to analyze…

4083

Abstract

Purpose

The Open University of Sri Lanka (OUSL) is the only institution to deliver legal education through Open and Distance Learning (ODL) in Sri Lanka. This study aims to analyze technology usage in learning and teaching law in the ODL under OUSL to evaluate the accessibility and also challenges.

Design/methodology/approach

A combination of qualitative and quantitative methodologies has been used for the study. This includes both interviews with teachers and surveying among students on the usage of technology in learning and teaching law at OUSL. Since the LL.B Degree Programme of OUSL delivered at six regional centres in Sri Lanka, this study also includes the comparative analysis of technology usage in teaching and learning at selected regional centres.

Findings

The findings indicate that the majority of students have access to technology through mobile phones and are aware of blended learning. Even though they prefer to integrate blended learning with learning law, they do not prefer learning entirely online. Social media and mobile applications are the most preferred modes of blended learning by students. It is also acknowledged that the internal staff has knowledge and access to the use of technology in teaching law while the external staff faces challenges and is in need of adequate training.

Originality/value

The original contribution of this article provides insightful guidelines not only to the OUSL of Sri Lanka but also to the institutions offering similar disciplines through ODL to understand lecturers, learners in the future integration of technology.

Details

Asian Association of Open Universities Journal, vol. 15 no. 1
Type: Research Article
ISSN: 1858-3431

Keywords

Open Access
Article
Publication date: 4 October 2022

Jisoo Yi and Jun Hee Lee

In an effort to reduce ambiguity around customs clearance of items deemed pernicious to public morality and present lessons for customs administration, this research aims to…

Abstract

Purpose

In an effort to reduce ambiguity around customs clearance of items deemed pernicious to public morality and present lessons for customs administration, this research aims to explore ways to improve customs clearance for RealDolls. Furthermore, by suggesting specific ideas to improve the process, this research also aims to contribute to the future customs clearance of socially controversial and legally ambiguous items.

Design/methodology/approach

The authors have decided to review studies from ethical and legal perspectives to focus on the legislation and its enforcement issues. The literature review is designed to provide insights on how to incorporate legal and ethical reasoning in the customs clearance process for RealDolls. Supplementary interviews were also conducted with criminal lawyers and customs officials to obtain expert knowledge on domestic legislation and customs control against the sex toys industry.

Findings

As a result of the study, it is found that a complete ban on RealDoll infringes on individuals' right to pursue happiness guaranteed by the Constitution and in most cases, cannot be implemented without loopholes. Therefore, it is suggested that the import regulation on RealDolls should be changed to the negative list system, which selectively disapproves certain RealDolls based on a list of RealDolls previously denied clearance by either the Supreme Court or the Customs Clearance Screening Committee. In addition, to have sufficient ethical and legal grounds, it is necessary to expand research on RealDolls regulation and actively introduce the process of obtaining social consensus.

Originality/value

There has been little discussion on regulating RealDolls on the customs clearance level; no specific criterion exists except the public morality clause. This study is vital in that it reviews issues of RealDolls customs clearance from legal and ethical perspectives. Doing so also has a practical significance of providing implications for the customs policies regarding items deemed pernicious to public morality.

Details

International Trade, Politics and Development, vol. 6 no. 3
Type: Research Article
ISSN: 2586-3932

Keywords

Content available

Abstract

Details

International Journal of Public Sector Management, vol. 19 no. 2
Type: Research Article
ISSN: 0951-3558

Open Access
Article
Publication date: 28 July 2023

Makutla Mojapelo

Democratic countries all over the world are embarking on initiatives to empower citizens through public participation. One of the tools used by countries to promote public…

Abstract

Purpose

Democratic countries all over the world are embarking on initiatives to empower citizens through public participation. One of the tools used by countries to promote public participation is the enactment and implementation of freedom of information (FOI) legislation, as it is the case with South Africa and Zimbabwe. Despite having legislation reaffirming the need for people’s right to know, practices in South Africa and Zimbabwe indicate the opposite. The purpose of this study is to explore FOI models in South Africa and Zimbabwe, with a view to recommend ways in which people’s right to know can be promoted.

Design/methodology/approach

This qualitative study used interviews to collect the data from 12 FOI experts in South Africa and Zimbabwe, who were selected through the snowball sampling technique. Data collected through interviews were supplemented by the data collected through document analysis.

Findings

The study concluded that the key role players need to make efforts to ensure that the right to know, which is associated with FOI, is being realised in both countries. FOI legislation, in both countries, is imprecise and needs to be revised to ensure effective implementation.

Originality/value

The study demonstrates that FOI is a necessary tool for people to be involved in decision-making in government. People’s rights to know can be achieved by successfully implementing FOI legislation.

Details

Records Management Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0956-5698

Keywords

Content available
Article
Publication date: 12 June 2009

81

Abstract

Details

Management of Environmental Quality: An International Journal, vol. 20 no. 4
Type: Research Article
ISSN: 1477-7835

Content available
146

Abstract

Details

Management of Environmental Quality: An International Journal, vol. 20 no. 3
Type: Research Article
ISSN: 1477-7835

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