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The law of catastrophic wildfire prevention and response in the Mediterranean member states of the European Union stands in stark contrast to that of common law nation states such…
Abstract
The law of catastrophic wildfire prevention and response in the Mediterranean member states of the European Union stands in stark contrast to that of common law nation states such as Australia and the United States. This is due primarily to the higher levels of reciprocal moral and legal obligations between governments and citizens established in various sources of European law. Focusing on the relationship between the EU, Spain, and the Autonomous Community of Catalonia within Spain, this chapter describes these three legal frameworks as they are nested within each other, followed by some case law examples of these laws in action. We compare and contrast the philosophical assumptions underlying the utilitarian cost–benefit approach to regulatory justification used in the United States with the precautionary principle model emblematic of the European Union, the member state of Spain, and its Autonomous Community of Catalonia. Regardless of approach, protection of the public health, safety, and welfare will only be as robust and effective as the government agencies that have that responsibility, and the degree of cooperation with those agencies of the citizens they serve.
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The context of this chapter is the use of data and advanced data analytics in a commercial setting. Privacy is considered as protection from vulnerability, whereby vulnerability…
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The context of this chapter is the use of data and advanced data analytics in a commercial setting. Privacy is considered as protection from vulnerability, whereby vulnerability is understood as the state of being exposed to the possibility of being harmed, either physically or emotionally, or in fundamental rights other than privacy. Therefore, privacy's policy instruments, in particular data protection law, could be seen as a means to reduce the risk of harm resulting from data use. Such harm is probabilistic and often uncertain, which, however, does not exclude analyzing costs and benefits of regulatory data protection policies. When balancing privacy protections and opportunities for knowledge gain, regulatory policy could be viewed as superior, when it expands the range of possible trade-offs between vulnerability protection and gaining socially beneficial knowledge.
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Hoang Hung, Masami Kobayashi and Rajib Shaw
Located at the center of the Red River Delta, Hanoi is the consequence of the unstable balance between soil and water and has witnessed the amicable and adverse relationship…
Abstract
Located at the center of the Red River Delta, Hanoi is the consequence of the unstable balance between soil and water and has witnessed the amicable and adverse relationship between the two elements over a long history. Established as a small town in A.D. 210, Hanoi grew from a harbor on the bank of the Red River to a thriving city and was chosen to be the capital of Vietnam in 1010 as the site had advantageous physical, landscape, and geomancy characteristics. However, the capital had also been confronted with difficulties due to the alluvial process, which raises the level of the watercourse above its normal elevation forcing the inhabitants to take measures such as building a dyke to prevent floods. This chapter analyzes the natural and social conditions as well as several problems that have been affecting urban flood risk management in Hanoi. The chapter ends with practical options and policy measures to address the problems.
Due to climate change and an increasing concentration of the world’s population in vulnerable areas, how to manage catastrophe risk efficiently and cover disaster losses fairly is…
Abstract
Purpose
Due to climate change and an increasing concentration of the world’s population in vulnerable areas, how to manage catastrophe risk efficiently and cover disaster losses fairly is still a universal dilemma.
Methodology
This paper applies a law and economic approach.
Findings
China’s mechanism for managing catastrophic disaster risk is in many ways unique. It emphasizes government responsibilities and works well in many respects, especially in disaster emergency relief. Nonetheless, China’s mechanism which has the vestige of a centrally planned economy needs reform.
Practical Implications
I propose a catastrophe insurance market-enhancing framework which marries the merits of both the market and government to manage catastrophe risks. There are three pillars of the framework: (i) sustaining a strong and capable government; (ii) government enhancement of the market, neither supplanting nor retarding it; (iii) legalizing the relationship between government and market to prevent government from undermining well-functioning market operations. A catastrophe insurance market-enhancing framework may provide insights for developing catastrophe insurance in China and other transitional nations.
Originality
First, this paper analyzes China’s mechanism for managing catastrophic disaster risks and China’s approach which emphasizes government responsibilities will shed light on solving how to manage catastrophe risk efficiently and cover disaster losses fairly. Second, this paper starts a broader discussion about government stimulation of developing catastrophe insurance and this framework can stimulate attention to solve the universal dilemma.
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Phong Tran and Rajib Shaw
Floods in Vietnam have been a well-known phenomenon and occur in all regions of the country, especially in the Central Coast region, Mekong Delta, and Red River Delta (Socialist…
Abstract
Floods in Vietnam have been a well-known phenomenon and occur in all regions of the country, especially in the Central Coast region, Mekong Delta, and Red River Delta (Socialist Republic of Vietnam, 2007). People had to learn to live with floods, particularly those whose livelihood depends on the productive functions of annual flooding. Floods are embedded in Vietnamese culture, as ancestors of the Vietnamese nation regarded flooding as one of the four biggest dangers to people, along with fires, robbers, and invaders (Tran, Marincioni, Shaw, Sarti, & An, 2008).
Robert C. Kenter and Michael Goldsmith
The system of critical infrastructure in the United States is vast in size and geographic layout. These two factors along with the American system of Federalism impose great…
Abstract
The system of critical infrastructure in the United States is vast in size and geographic layout. These two factors along with the American system of Federalism impose great challenges in protecting these systems. Much of the physical protection of these assets is left to state and local governments making protection more difficult is that a large number of these critical infrastructures are owned by multinational corporations. It is through a complex coordinated effort spanning across all three levels of government that these systems are kept secure in the United States.
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Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a…
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Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a “freedom from fear” (Ericson, 2007a). Peace bonds permit the courts to impose a recognizance on anyone likely to cause harm or “personal injury” to a complainant. This paper conducts a critical discourse analysis to answer the question: how and to what extent are peace bonds a form of counter-law? Facilitated by the erosion of traditional criminal law principles and rationalized under a precautionary logic, proving that a complainant is fearful through a peace bond can result in the expansion of the state’s capacity to criminalize and conduct surveillance.
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Supply chain is an important aspect for all the companies and can affect many aspects of companies. Especially the disruption in supply chain is causing huge impacts and…
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Supply chain is an important aspect for all the companies and can affect many aspects of companies. Especially the disruption in supply chain is causing huge impacts and consequences that are difficult to deal with. This chapter presents a review of selected multiple criteria problems used in supply chain optimization. Research analyzed the multiple criteria decision-making methods to tackle the problem of supplier evaluation and selection. It also focuses on the problem of supply chain when a disruption happens and presents strategies to deal with the issue of disruptions in supply chain and how to mitigate the impact of disruptions. Prevention, response, protection, and recovery strategies are explained. Practical part is focused in the risk-averse models to minimize expected worst-case scenario by single sourcing. Computational experiments for practical examples have been solved using CPLEX solver.
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This chapter introduces the fundamentals of portfolio and financial consumer protection from frauds in the cryptoasset space. Cryptoassets pose new risks to portfolios and…
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This chapter introduces the fundamentals of portfolio and financial consumer protection from frauds in the cryptoasset space. Cryptoassets pose new risks to portfolios and financial consumers: idiosyncratic risks stemming from their unique features and systematic risks arising from transitioning from centralized to decentralized finance. Market experience indicates that these risks threaten every portfolio and financial consumer holding cryptoassets. In the consumer protection framework, cryptoasset risks are higher than traditional asset risks. Cryptoassets fall outside the regulatory domain in many jurisdictions. Moreover, their decentralized nature, technological attributes, and the momentum of financial technology cause asymmetric technology, disarming system-based portfolio and consumer protection mechanisms against frauds and abuses. Hence, the idiosyncratic and systematic risks of cryptoassets highlight the importance of developing more vigilant self-protection mechanisms.
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Purpose – New genetically modified (GM) crops are novel but risky interventions, offering a variety of potential benefits but also the possibility of serious unintended…
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Purpose – New genetically modified (GM) crops are novel but risky interventions, offering a variety of potential benefits but also the possibility of serious unintended consequences. I address the regulatory framework for GM crops, seeking protection from disproportionate risks without unduly stifling innovation.
Approach – Conditions that may justify precautionary interventions are identified, and an idealized regulatory protocol (screening, pre-release testing, and post-release surveillance, STS) is developed to provide protection, encourage research and learning, and focus-in quickly on the cases that pose serious threats of harm. This protocol is adapted to the case of GM crops, and compared with current regulatory practice in the United States, the EU, and Canada, as well as international agreements exemplified by the Cartagena Protocol on Biosafety. Two real-world cases are considered, Starlink® corn and Roundup-Ready® canola, and some speculations are offered as to how the stylized protocol might have handled them.
Findings for policy – Pre-release, US regulatory practice is more fragmented and incomplete than the stylized protocol; EU practice is more systematic and streamlined, but some critics perceive over-regulation; and Canadian regulatory practice is more consistent with the protocol. Only the EU performs systematic post-release surveillance. International agreements have various weaknesses, beginning with fragmentation: for example, food safety and biosafety are regulated separately.
Implications for further research – Embracing the STS framework opens a broad new avenue of research about to how the mix of pre-release testing and post-release surveillance might be streamlined to provide adequate protection while reducing further the costs and delays entailed.
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