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Article
Publication date: 8 October 2018

Owen McIntyre

This paper aims to propose a legal characterisation of the recent proliferation, across the broad range of global environmental good governance initiatives and practices, of a…

Abstract

Purpose

This paper aims to propose a legal characterisation of the recent proliferation, across the broad range of global environmental good governance initiatives and practices, of a diverse mix of regulatory environmental standards, many of which are informal in origin insofar as they are neither State-driven nor State-centred. It examines the novel conception of legal order posited by Twinning and Walker, to determine whether it encompasses the myriad rules and standards emerging in the field of environmental governance.

Design/methodology/approach

Surveying the rapidly developing montage of formal and informal rules and standards associated with global environmental governance, this paper uses the analytical framework provided by scholars of “global administrative law” to reconcile the complementary roles of formal and informal sources of legal rules, and to explain their increasing convergence around a set of good governance principles and standards commonly used in national administrative law systems.

Findings

The paper concludes that the emerging regulatory framework for global environmental governance comprises an almost endless variety of forms of novel transnational regulatory activity, many succeeding in having a profound impact on environmental outcomes. Yet all appear to be founded upon and guided by a discrete set of good governance standards and principles of an administrative law character – including transparency, participation, legality, rationality, proportionality, reviewability and accountability – which serve to enhance the credibility and legitimacy of each regulatory mechanism.

Research limitations/implications

It appears that new and informal forms of environmental regulatory activity enjoy a complex symbiotic relationship with formal systems of environmental law. In addition to filling lacunae and addressing deficiencies in such systems, owing, for example, to the transnational character of much of today’s trade, informal regulatory systems are increasingly influencing the evolution of formal legal frameworks and, in so doing, are improving the responsiveness, flexibility and accessibility of this new environmental “legal order”.

Practical implications

At a practical level, viewing the wide range of new forms of environmental regulatory activity through the prism of global administrative law (or global environmental law) brings unity to this diverse field and, in so doing, makes available to all the actors involved in this “community of practice” a wealth of established practice and principle which can help to inform the elaboration and interpretation of rules and standards of environmental governance through a process of cross fertilisation of ideas and approaches.

Social implications

Recognition of the legal character and significant role of the wide range of novel forms of environmental regulatory activity lends further credibility and legitimacy to such mechanisms, which often comprise the only truly relevant and applicable environmental controls or truly accessible mode of redress and accountability. The challenges of realising sustainability are immense and, as one leading commentator has noted, “all normative means are useful to this end”.

Originality/value

This paper attempts to characterise the legal nature of the range of novel forms of environmental regulation which (can) play such an important role in modifying the behaviour of many of the key environmental actors globally – actors who have largely been unaffected by more formal legal frameworks. For this reason, it seeks to encourage a fundamental shift in the way we think about environmental law and legal authority.

Details

Journal of Property, Planning and Environmental Law, vol. 10 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Book part
Publication date: 13 April 2015

Maria Alejandra Calle

This chapter provides a legal and theoretical overview of environmental PPMs articulated in private standards. It seeks to expand the debate about environmental PPMs, elucidating…

Abstract

Purpose

This chapter provides a legal and theoretical overview of environmental PPMs articulated in private standards. It seeks to expand the debate about environmental PPMs, elucidating important dimensions to the issue from the perspective of global governance and international trade law. One of the arguments advanced in this chapter is that a comprehensive analysis of environmental PPMs should consider not only their role in what is regarded as trade barriers (governmental and market driven) but also their significance in global objectives such as the transition towards a green economy and sustainable patterns of consumption and production.

Methodology/approach

This chapter is based on an extensive literature review and doctrinal legal research.

Findings

This research shows that environmental PPMs represent a key issue in the context of the trade and environment relationship. For decades such measures have been thought of as being trade distortive and thus incompatible with WTO law. Although it seems clear now that they are not unlawful per se, their legal status remains unsettled. PPMs can be regarded as regulatory choices associated with a wide range of environmental concerns. However, in trade disputes, challenged measures involving policy objectives addressing production issues in the conservation of natural resources tend to focus on fishing/harvesting techniques. On the other hand, an important goal of Global Environmental Governance (GEG) is to incentivise sustainable consumption and production in order to achieve the transition to a green economy. In this sense, it can be argued that what are generally denominated as ‘PPMs’ in the WTO terminology can alternatively be regarded ‘SCPs’ in the language of environmental governance. Environmental PPMs are not only limited to state-based measures, such as import bans, tariff preferences, and governmental labelling schemes. Environmental PPMs may also amount to good corporate practices towards environmental protection and provide the rationale for numerous private environmental standards.

Practical implications

Most academic attention afforded to environmental-PPMs has focused on their impacts on trade or their legality under WTO law. Although legal scholars have already referred to the significance of such measures in the context of environmental governance, this issue has remained almost entirely unexplored. This chapter seeks to fill the gap in the literature in this regard. In particular, it addresses the relevance of environmental PPMs in the context of decentralised governance initiatives such as the UN Global Compact and private environmental standards.

Originality/value

Overall, this chapter assists in the understanding of the significance of environmental PPMs in the context of private environmental standards and other governance initiatives involving goals related to sustainable consumption and production. This chapter adds to the existing body of literature on the subject of PPMs in international trade and environmental governance.

Details

Beyond the UN Global Compact: Institutions and Regulations
Type: Book
ISBN: 978-1-78560-558-1

Keywords

Book part
Publication date: 13 April 2015

Abstract

Details

Beyond the UN Global Compact: Institutions and Regulations
Type: Book
ISBN: 978-1-78560-558-1

Book part
Publication date: 13 April 2015

John McNally

This chapter outlines incorporation of voluntary environmental accounting standards into national law as evidenced by the Scandinavian experience. In illustrating such hardening…

Abstract

Purpose

This chapter outlines incorporation of voluntary environmental accounting standards into national law as evidenced by the Scandinavian experience. In illustrating such hardening of soft law approaches it highlights difficulties national authorities face when attempting to regulate globalised commercial entities with extra-territorial activities. Adoption at national level of these standards into legally binding obligations illustrates convergence of global governance standards even where there is no central authority or designed codification.

Methodology/approach

Doctrinal legal research and literature review. To illustrate the incorporation of voluntary standards at a national level, Scandinavian examples (Denmark, Norway, Sweden and Finland) were chosen – frequently upheld as best practice in requiring the reporting of environmental information financial reports.

Findings

The research shows that the most proactive national authorities in this regard are endorsing certain voluntary standards and rewarding their use with reduced regulatory burden. I first outline certain voluntary environmental standards and then illustrate adoption of these standards into legally binding frameworks.

Research limitations

The main limitation was difficulty in finding English language versions of some national regulations.

Practical implications

This chapter seeks to illustrate a normativisation of soft law frameworks into legally binding national obligations. Viewed through the phenomenon of Global Administrative Law it would seem evident that national authorities are willing to adopt various international voluntary standards to regulate the increasingly globalised actions of companies.

Originality/value

Voluntary standards and the various reporting methods of non-financial information is an extremely broad regulatory sphere with decentralised regulation and parallel regulatory frameworks. This chapter, in illustrating the convergence of environmental governance standards through normativisation of previously voluntary standards, will assist the reader in attaining an overview of the extent of this regulatory convergence.

Details

Beyond the UN Global Compact: Institutions and Regulations
Type: Book
ISBN: 978-1-78560-558-1

Keywords

Content available
Article
Publication date: 4 December 2018

Julie Adshead, Emma Lees and Francis King

260

Abstract

Details

Journal of Property, Planning and Environmental Law, vol. 10 no. 2
Type: Research Article
ISSN: 1756-1450

Article
Publication date: 16 March 2015

Gemma Ryan

The purpose of this paper is to provide an overview of the evidence surrounding the design and delivery of adolescent-specific health services for young people aged 14-25. This…

2185

Abstract

Purpose

The purpose of this paper is to provide an overview of the evidence surrounding the design and delivery of adolescent-specific health services for young people aged 14-25. This aims to make recommendations for National Health Service (NHS) senior management teams on the available literature relating to service design for children’s and young people's services within the UK.

Design/methodology/approach

This paper presents a mini-review carried out in Spring 2013 using EMBASE, BNI, PSYCHinfo, MEDLINE and Google Scholar to systematically search available published and unpublished research papers. Systematic reviews, meta-analyses and evaluations of service models were included within this review. Adapted “GRADE” criteria were used to appraise the evidence.

Findings

Of 70 papers found, 22 met the inclusion criteria. There were five main service designs found within the literature: hospital-based; school-linked or school-based; community based; combination and integrative; and other methods which did not fit into the four other categories.

Research limitations/implications

This review is limited to the literature available within the inclusion criteria and search strategy used. It intends to inform management decisions in combination with other parameters and available evidence.

Originality/value

There is range of research and evidence syntheses relating to adolescent services, but none of these have been conducted with a focus on the UK NHS and the information needs of managers re-designing services in the current climate within England.

Details

Journal of Children’s Services, vol. 10 no. 1
Type: Research Article
ISSN: 1746-6660

Keywords

Book part
Publication date: 10 June 2011

Mohammad A. Ali

Globalization has created conditions in which business has become increasingly global. The combined effect of global business, intense competition, weakening of labor unions, and…

Abstract

Globalization has created conditions in which business has become increasingly global. The combined effect of global business, intense competition, weakening of labor unions, and the inability of national governments to control the negative effects of globalization has created immense difficulties in the formulation and implementation of global labor standards. This research takes an ancient industry with a long tradition of international features and regulations, that is, the maritime industry, as a case study to understand the dynamics associated with the regulation of a global industry. The study argues that J. R. Commons' works at the turn of the century not only give us excellent insights into the creation of global markets and the need for global labor rights protection but also provide us with a solution, that is, the creation of an “authoritative commission.” Finally, the study suggests that there is a need to enhance the role of ILO as a global “commission” to regulate the industry. Presently, the ILO does not have the essential features for becoming such a commission. Therefore, ILO should develop three important characteristics: ability to include new emerging actors, decision-making based on consensus and dialogue, and sanction power to implement its standards. Based on the above principles, ILO can work as the center of a global regulatory regime in the maritime industry. Through its power of sanction, it will implement its standards mainly through states. But, at the same time, it will network with unions and NGOs and all other important actors in the industry at local, national, and global levels to detect and eradicate substandard shipping.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-0-85724-907-4

Keywords

Book part
Publication date: 29 June 2017

Gabriele Ciciurkaite and Robyn Lewis Brown

Food insecurity and hunger are found to have important adverse mental health effects, and have been of particular interest to epidemiologists and public health scholars. The…

Abstract

Purpose

Food insecurity and hunger are found to have important adverse mental health effects, and have been of particular interest to epidemiologists and public health scholars. The primary goal of the present study is to expand our understanding of the mental health effects of food insecurity by assessing gender-based disparities among a nationally-representative sample of U.S. adults.

Methodology/approach

Using data from the combined 2011-2012 and 2013-2014 cycles of The National Health and Nutrition Examination Survey (NHANES) (N=11,539), we estimated multiple ordinary least squares and binomial models using adult food insecurity measures and self-reported gender as main predictors of depressive symptoms and alcohol use.

Findings

Our results demonstrate that food insecurity is associated with depressive symptoms but not alcohol consumption. Additionally, we found an association between food insecurity and increased psychological distress among women relative to men. In contrast, no evidence of a difference in the association between food insecurity and alcohol use was observed across the two genders, indicating that experiences of food insecurity are particularly salient for psychological health among women.

Implications and originality

These findings add to the growing literature that household food insecurity has serious mental health consequences, and extend this work by clarifying ways in which gender accounts for differences in the association between food insecurity and psychological and behavioral outcomes.

Details

Food Systems and Health
Type: Book
ISBN: 978-1-78635-092-3

Keywords

Article
Publication date: 21 November 2008

Nguyen Cuong Linh

This paper aims to provide an overall picture of the application of Web 2.0 technologies in Australasian university libraries. The focus of the research was what types of Web 2.0…

4958

Abstract

Purpose

This paper aims to provide an overall picture of the application of Web 2.0 technologies in Australasian university libraries. The focus of the research was what types of Web 2.0 technologies were applied in such libraries as well as their purposes and features.

Design/methodology/approach

Content analysis was used in terms of quantitative approach. A checklist as the main research instrument was developed based on other checklists and questionnaires, and synthesized ideas from literature. Data were collected by accessing all Australasian university library web sites within two weeks. Then, Microsoft Excel was utilized as a main tool to synthesize and analyze data, and present results.

Findings

At least two‐thirds of Australasian university libraries deployed one or more Web 2.0 technologies. Only four Web 2.0 technologies were used for specific purposes and with some basic features. The general Web 2.0 application indexes were still low as the mean application index was 12 points and the highest index was 37 points (out of 100).

Research limitations/implications

A combination of content analysis with survey and/or interview may enable future researchers to analyze other aspects (e.g. the application of internal wikis or the use of instant messaging for reference services) of Web 2.0 that a single method of content analysis could not gain.

Originality/value

This unique study explores the application of Web 2.0 in a wide scope including any Australasian university libraries that deployed any types of Web 2.0 technologies. This study is useful for Australasian university libraries in evaluating/deploying Web 2.0. Library managers, librarians and other university libraries may also find this helpful once they want to implement such technologies in their libraries.

Details

Library Hi Tech, vol. 26 no. 4
Type: Research Article
ISSN: 0737-8831

Keywords

Book part
Publication date: 3 October 2015

Flora Farago, Kay Sanders and Larissa Gaias

This chapter draws on developmental intergroup theory, parental ethnic-racial socialization literature, anti-bias curricula, and prejudice intervention studies to address the…

Abstract

This chapter draws on developmental intergroup theory, parental ethnic-racial socialization literature, anti-bias curricula, and prejudice intervention studies to address the appropriateness of discussing race and racism in early childhood settings. Existing literature about teacher discussions surrounding race and racism is reviewed, best practices are shared, and the need for more research in this area is highlighted. The construct of parental ethnic-racial socialization is mapped onto early childhood anti-bias classroom practices. The chapter also outlines racial ideologies of teachers, specifically anti-bias and colorblind attitudes, and discusses how these ideologies may manifest in classroom practices surrounding race and racism. Colorblind ideology is problematized and dissected to show that colorblind practices may harm children. Young children’s interpretations of race and racism, in light of children’s cognitive developmental level, are discussed. Additionally, findings from racial prejudice intervention studies are applied to teaching. Early literacy practices surrounding race and racism are outlined with practical suggestions for teachers and teacher educators. Moreover, implications of teacher practices surrounding race and racism for children’s development, professional development, and teacher education are discussed.

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