Diverse Legislation Research Articles

Analysis of the sustainability of swimming pools: Water and energy cycles

The objective of this article is to conduct a literature review aimed at analyzing recent research conducted between 2018 and March 2023 concerning the water and energy cycles in swimming pools. This review aims to provide updated information by considering the impact of the COVID-19 pandemic on the sector. Additionally, it serves as a complementary review to a previous study that encompassed research up until 2018. Four challenges that the review seeks to analyze and investigate are identified: water balance, energy balance, chemical balance, water treatment, and diverse legislation. Regarding the water balance, the importance of reducing evaporation from swimming pools is highlighted, especially in Mediterranean climates with prolonged drought periods. Various solutions to improve the water balance are analyzed, such as the use of solar covers and the optimization of the water recirculation and filtration system. In relation to the energy balance, it is recognized that the use of pumps and filters consumes a lot of energy. The review emphasizes the importance of optimizing the water recirculation and filtration system, and various ways to improve the energy efficiency of pool heating and air conditioning are examined. In addition, the use of renewable energy technologies, such as solar panels, to reduce the energy demand of pools is considered. In summary, this review updates previous research on the water and energy cycles in swimming pools, with a focus on water and energy balance. The review identifies challenges and solutions to improve the sustainability of pools and highlights the importance of addressing the complexity of applicable legislation. The results of this review are expected to be useful for future research and to promote more sustainable management of swimming pools.

The impact of female board directors on effective investment management: evidence from Korean firms

PurposeBoard gender diversity is an important component of sound corporate governance. This paper aims to examine the influence that female board directors in listed firms in Korea have on effective investment decisions.Design/methodology/approachThe authors used 4,117 data items related to finance and governance from FnGuide for listed Korean firms between 2014 and 2019. The authors analyzed the data using Heckman’s two-stage regression, controlling the ordinary least square regression and endogeneity, to resolve the problem of selection bias. Gender diversity was measured using the existence/absence of female directors on boards (dummy variable) and the ratio of female directors on boards (BLAUt-1 index and SHANNONt-1 index).FindingsFemale board directors influenced the suppression of under-investment for the enhancement of corporate value, but not the suppression of over-investment. Additionally, female directors played a complementary role in under-investment to mitigate corporate risk, but not in intra-industry competition. Kanter’s classification of board types indicated that the skewed board and tilted board have a significant effect on under-investment and play a complementary role in corporate risk.Research limitations/implicationsFirst, this study is about only Korean firms. Second, this study relies on corporate actual data but does not account for the factors that affect human behavior or how such behaviors can evolve. Third, the authors included as many appropriate variables as possible when setting the research model, but there may be missing correlation variables.Social implicationsThe authors’ results have policy implications, as they can be used as a basis to establish policies related to gender diversity in Korea, where there are currently insufficient empirical studies on women’s participation on the boards of directors. Moreover, with the amended FISCMA, which mandates that firms must hire at least one female director, Korean firms need to implement practical employment policies that can benefit firms, by selecting capable female directors rather than engaging in tokenism.Originality/valueThis study empirically examines gender diversity in the boards of Korean firms that have implemented the female quota system for the first time and considers female board directors’ roles in undertaking effective corporate investment decisions. This insight can guide change management and help firms avoid tokenism – a possible corporate response to pressures arising from the debates about feminism in Korea and gender diversity legislation.

Organizational responses to multiple logics: Diversity, identity and the professional service firm

This paper is located within the research problematic of multiple logics with reference to professional service firms (PSFs), and in particular audit firms. Within this multi-logic (“hybrid”) and complex organization, we are specifically concerned with the impacts of new institutional logics that reflect social and political movements - in this case diversity legislation - and how these new logics are absorbed and managed within the organizations’ structures and practices. Based upon a study of large and medium sized audit firms in the UK, we consider the organizational responses to the demands for improved diversity among firm members, especially the senior elite, in the context of the passing of the Equality Act, 2010, and subsequent legislation which both consolidated and extended UK laws on discrimination. Our study indicates how such organizational sites have value for demonstrating how the conflict between logics shifts its terms of reference. While most of the conflict between logics of commercialism and professionalism has been successfully managed through mechanisms of hybridization, we bring to the fore how the struggles between ideas about merit and diversity in professional evaluation processes and practices are more intractable. Our work contributes to an understanding of both the dependencies (blending) and co-existences (separation) that can exist between diversity, commercial and professional logics of practice in multi-logic organizations. We further highlight the role of identity scripts that shape how individuals situationally demarcate their identities as they struggle with the demands for diversity that challenge dominant logics.

Towards examining and addressing the danger of unaccompanied migrant minors going missing

The phenomenon of missing children is complex, further complicated by the specific circumstances of missing unaccompanied migrant minors. Owing to the (often forced) migration, these children have moved through different countries with diverse legislation and work practices. The international nature of these cases leads to confusion about the responsibility of different actors. Additionally, for these cases, little data are available. This article critically assesses current work practices in the EU. It also introduces a new practical solution based on empirical data from 26 international expert interviews, proposing a new alert system for missing children cases to improve the efficiency in responding to them and the international communication between stakeholders to improve the situation of missing unaccompanied migrant minors. The solution is currently in use by three organisations and has already been used in more than 85 real-life cases. It is concluded that it holds the potential to connect actors in a new, efficient way and prevent children, and unaccompanied migrant minors particularly, from falling off the grid. It is also highlighted that the situation of unaccompanied migrant minors is highly disadvantaged, and new, homogenous legislation among the EU member states that does not discriminate against the rights of migrant minors is imperative. New research should also actively involve them to better grasp their situation before and during their disappearance.

SOCIAL AND LABOR GUARANTEES FOR FAMILIES WITH CHILDREN AS THE BASIS OF THE STATE'S FAMILY POLICY

Task. The author of the article set himself the task of analyzing the social and labor guarantees provided by the state to families with children. Model. To solve this problem, it is necessary to investigate the social purpose of support measures in relation to children, families with children, to investigate the grounds for their provision. Conclusions. The system of social and labor measures is aimed at providing comprehensive support to families with children, helping to protect the labor and social rights of citizens. Research framework. Limited by relations in the sphere of social, labor and family law of the Russian Federation. Practical value. A systematic analysis of measures to help and support families with children, issues of protecting women - mothers allow us to systematize the prerequisites for the birth of children, to determine the incentives and obstacles to the birth of a child. Social implications. Determination of the purpose of support measures for families with children, analysis of individual types of assistance will determine the relationship and interdependence of social, labor and family-type norms, the effective interaction of which will ensure the basic needs of each family. Originality, value. The systematic study and research of social assistance measures, the study of labor guarantees for women with children makes it possible to assess the effectiveness of the state's family policy, to identify shortcomings and gaps in the country's social system. An analysis of the norms of the diverse legislation of the Russian Federation makes it possible to identify additional guarantees for children and families with children, for working women.

Huntington in Canada: The Triumph of Subjective Control

Samuel Huntington theorized in The Soldier and the State that rather than make the military in the image of society (subjective control), both superior civilian control and military outcomes would result if the military was allowed its own sphere and culture, shaped by military requirements (objective control). Since 1963, the Canadian Armed Forces have argued for objective control, while political leadership and the country have largely paid little attention to military demands for greater social independence. An examination of defense policy, the “civilianization” crisis, the Somalia Inquiry, and diversity legislation and programs demonstrate the triumph of subjective control. This article concludes that subjective control has had costs to civilians in military shirking and to the military in alienation from its parent society. Huntington remains useful, but it is time to consider modern alternatives to understand civil-military relationships.

Musculoskeletal health in the workplace.

Musculoskeletal (MSK) problems remain the most frequent reason why individuals are absent from work, including those with work-related musculoskeletal disorders (WRMSDs or MSDs) and those with chronic MSK problems. This paper aims to examine changes in work and the workforce since 2000; how work impacts on chronic MSK conditions and how we can help people with these conditions to stay at work. While our knowledge of the causes of WRMSDs has increased since 2000, there has been limited workplace action in reducing exposure to hazards. A life course approach is needed as individuals of all ages are reporting MSK problems. How people work has also changed and informalisation of work contracts has increased with a perceived concurrent reduction in occupational safety and health (OSH) protection. Retaining people at work with MSK problems requires compliance with relevant safety, health and diversity legislation and a risk management approach. Good and open communication within the workplace and identification of other sources of support is also necessary. Considerations must be made at the individual level (internal motivation), organisational level (a supportive manager) and self-management of symptoms. Simple case examples are provided in the paper of what works in practice as well as a proposed research agenda. Increased awareness at all levels of society of MSK health is essential.

Framing petroleum revenue management law for energy sector reform in Nigeria

This article considers the introduction and conceptual frameworks for petroleum revenue management law with a view to applying it in Nigeria. It examines the sources of petroleum revenue to enhance assessment and collection. The article examines the structure of the legislation and institutions regulating the petroleum sector by categorizing and highlighting the subset of petroleum revenue management for efficient application. It further argues that prudent management of petroleum revenue is measured through the indicators of transparency and accountability, sustainable development, sovereign wealth fund, low corruption level, socio-economic well-being, good health and sustainable environment. This article is imperative in that it streamlines the legislation and institutions, block revenue leakages and guarantee sustainable development. It will further ensure that revenue generated from petroleum resources is properly utilized for socio-economic growth of the nation. It urges the National Assembly to enact a law that will harmonize the diverse legislation and institutions and cause them to operate strictly in accordance with the principles of good governance, transparency and accountability.Keywords: Oil and Gas, Revenue, Law, Institutional Framework

Decoding the Insolvency Laws in India

The Insolvency & Bankruptcy Code, 2016 which was passed by the Parliament on 11th May 2016 and received Presidential assent on 28th May 2016 brought a major push to the existing insolvency regime in India for individuals, corporations, partnership firms, and other entities. Majorly, the insolvency proceedings in India are the ones initiated by the creditors on the ground of non-payment of debts. The basic aim of the Code is to provide common umbrella legislation relating to insolvency resolution in India both for the Indian creditors and the foreign creditors. The erstwhile legislative framework relating to insolvency was incorporated in Companies Act, 2013; SARFAESI Act, 2002; SICA Act, 1985; Presidency Towns Insolvency Act, 1909; Provincial Insolvency Act, 1920, and Limited Liability Partnership Act, 2008 subject to amendment from time to time. The presence of several mechanisms to deal with insolvency under diverse legislations presented a dire need of single, unified umbrella legislation to cater to the needs of various entities. This paper aims to analyze the practical and legal implications of the Insolvency & Bankruptcy Code, 2016 (IBC), and its effectiveness in the consolidation of laws relating to insolvency, bankruptcy, and reorganization. The notable changes in the Code have been identified and examined. Suggestions for better implementation of the Code have been incorporated in this paper.

What form of human-wildlife coexistence is mandated by legislation? A comparative analysis of international and national instruments

There are currently many controversies over the process of wildlife conservation, mainly focused on determining which forms of human-wildlife relationship should be endorsed by society. These differences often lead to legal discussions between lawmakers and stakeholders as result of misinterpretation of law. In this study, we examine the dominant conservation ideologies underpinning institutionalized wildlife conservation by exploring the moral basis underlying a broad range of national and international legislation. We used a teleological interpretative approach to explore the implicit and explicit intentions of legislative instruments. We found that a shift from a human-nature dualism to an integration paradigm occurred in the legal frameworks during the last 20-30 years. A desire to improve the status of threatened species or ecosystems was clearly expressed in all legislation. However, the widespread mention of consumptive values seems to indicate no principled opposition between the notions of conservation and of sustainable use. We identified three different groups of legislation: (1) a small group containing largely protectionist instruments, (2) a group based on the main European nature conservation texts and, (3) a cluster incorporating almost all the post-Convention on Biological Diversity (CBD) legislation from around the world. The CBD was found to have had a major impact on the shaping of the modern legal instruments, reconciling the eco- and anthropocentric values at the heart of modern legal thinking. Overall, the dominant legal ideology seems to aim for a compromise between the interests of society and wildlife, allowing its sustainable use and steering for shared space.

NOTES ON THE MODERN CONDITION OF THE INSTITUTE OF ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF URBAN DEVELOPMENT

The article reveals the state of the institute of administrative responsibility in the field of urban planning in Ukraine in modern conditions.Attention is drawn to the fact that the institute of administrative responsibility in the sphere of urban planning is in a state of transformation, but the scientific understanding of this process is at an inappropriate level. It is necessary to begin with the codification of the norms of town-planning legislation, but this is quite a difficult step, given the existence of diverse legislation in this area. Solving the critical issues of the institute of administrative responsibility in the field of urban development is possible thanks to the harmonious and systematic development of legislation and increasing the efficiency of its application in practice.

Methodological proposal to classify and delineate natural protected areas. Study case: Region of Extremadura, Spain

A significant change to Natural Protected Areas (NPAs) has been occurring worldwide. This change could cause concurrently potential damages related with NPA characteristics. Particularly, many regions of Spain face strong pressure due to their geographical, demographic and economic handicaps. This study presents a methodological proposal for properly classifying and delineating NPA, highlighted in a case region of Extremadura, being NATURA 2000 site of local heritage and one of less developed regions in European Union (EU). With Geographic Information System (GIS), the case region was firstly analyzed and then presented the real geo-socio-economic impact and environmental protection implementation, which urgently need to adopt a new methodological proposal with the complex and diverse legislations. Knowing the problems from the case region analyzed, the methodological proposal as the objective of this research describes how to define proper criteria, how to propose land use plan, and how to analyze socio-economic development with professional and public participation for NPA, and, therefore, to revitalize the problematic area. Thus, this methodological proposal as new valuable approach, which filling a niche of current outdated NPA, can be used and reapplied to other destinations with similar geographical characteristics for analyzing its current situations and predicting its future improvements.

Exploring the role of employer forums – the case of Business in the Community Wales

PurposeCollective employer representation in the UK has changed in fundamental ways in recent decades. Collective bargaining has declined and instead, the authors have seen the emergence of a significant new form of collective organisation, the employer forum (EF), which promotes good corporate behaviour and typically focusses on issues of equality and diversity, social policy and community engagement. The purpose of this paper is to examine this new form of collective action through a case study on Business in the Community (BITC) Wales. It also compares this EF with traditional employers’ associations (EAs) in order to establish what is significant and distinctive about EFs.Design/methodology/approachBITC Wales is a “typical case” (Patton, 2014; Seawright and Gerring, 2008) that shares key characteristics and functions with other EFs across key analytical dimensions, and therefore provides insights into the wider population of EFs in the UK. In addition, the paper compares EFs, examined through a qualitative case study of BITC Wales, and traditional EAs, introduced and discussed in the literature review, along the same analytical dimensions. The aim of contrasting EAs with the case study on BITC Wales is to establish what is distinctive and significant about EFs and to consider the implications for employment relations in the UK.FindingsThe paper argues that EFs and EAs support employers in dealing with the challenges of managing the employment relationship and threats to profitability in different political contexts. The organisation of employers in EAs was a response to increasing trade union power and labour costs. EFs are helping employers to deal with a different set of challenges, including declining social cohesion in communities in which employers operate, reputational and legal risks posed by new equality and diversity legislation and expectations of good corporate citizenship by consumers and their own employees. EFs address these challenges by engaging in social projects in local communities, by promoting good corporate behaviour through benchmarking and codes of conduct, and by boosting the reputation of employers through award schemes and promotion of corporate social responsibility activities of member companies.Originality/valuePrevious literature has not examined EFs and their role in employment relations. This paper considers EFs as a new actor in employment relations.

At the intersection of cultural and natural heritage: Distribution and conservation of the type localities of Italian endemic vascular plants

We conducted a GIS spatial analysis with the aim of providing the first quantitative large-scale overview of the distribution patterns of 1536 type localities (loci classici) of 1216 Italian endemic vascular plants and their relationship with a set of descriptive variables. Whereas some variables were used to model the presence-absence distribution patterns of the type localities for the whole set of endemics as well as for the subset of narrow endemics, others (e.g., presence inside or outside protected areas and Italian Important Plant Areas) were considered with the purpose of assessing potential assets or risks for conservation.The largest number of type localities was found within the Mediterranean biogeographic region (1134), followed by the Alpine region (306) and Continental region (96). A total of 670 locations are located on islands, whereas 866 are located on the Italian mainland (139 and 124 in the case of narrow endemics, respectively). A large number of type localities are located in mountainous areas and along the coastline, which can be seen as a potential risk for conservation. On the contrary, we detected a positive correlation with the distance from roads, which might be considered to be an asset. Importantly, 1030 type localities fall inside protected areas, whereas 506 localities fall outside protected areas, with 259 of these unprotected localities on islands.We propose considering the results of the analysis of the distribution of type localities of Italian endemics to be a strategic tool for conservation planning and resource management. Application of plant micro-reserves and integration of diverse legislation tools are suggested to strengthen efforts and increase conservation success.

Insurance Template in Nigeria; Critical Assessment of Legislative Chronicle

The Insurance Industry is incontrovertibly a very important sector of the Nigerian Economy, however it has failed to maximize its potential for several reasons one of which is poor and ineffective Legislative Enactments. This article examined diverse Legislations regulating and controlling the Insurance Industry, there pros and cons, and where necessary proposing amendments to the Act. The Act revealed that the Insurance Industry can be very instrumental to Economic development of Nigeria as a country, nonetheless, it is rather unfortunate that this opportunity to improve Nigerian Economy has not been fully maximized. Furthermore, this article revealed that one instrumental reason for the inefficiency of the Insurance Industry can be attributed to poor Legislations. As a recommendation, this article proposed that the Insurance Act 2003 and the Motor Vehicle (Third Party Insurance) Act 1945 should be amended in order to enable the Act to meet present realities in the economy and create efficacy for the industry. Finally, this article established that the Insurance Industry is germane to Nigerian Economy, however, it has failed to fit into this capacity as a result of poor Legislation.

Chapter 23 - Organ donation protocols

Organ transplantation improves survival and quality of life in patients with end-organ failure. Waiting lists continue to grow across the world despite remarkable advances in the transplantation process, from the creation of public engagement campaigns to the development of critical pathways for the timely identification, referral, approach, and treatment of the potential organ donor. The pathophysiology of dying triggers systemic changes that are intimately related to organ viability. The intensive care management of the potential organ donor optimizes organ function and improves the donation yield, representing a significant step in reducing the mismatch between organ supply and demand. Different beliefs and cultures reflect diverse legislations and donation practices amongst different countries, creating a challenge to standardized practices. Maintaining public trust is necessary for continued progress in organ donation and transplantation, hence the urge for a joint effort in creating uniform protocols that ensure transparent practices within the medical community.

Successful and Effective Data Protection: a Myth or Achievable Task?

In the paper the author is addressing the issue of data protection by observing several points of the view. With the overview of diverse legislation in Europe and of definitions of personal data through different legal acts, the author is giving several starting points toward many questions, which arise on data protection issue. One of the most important points is protecting human rights and redressing the injustices. Next question, which arises, is the issue of data protection related to the same data in different archival records, in different archives and in different countries. The issue is discussed on the overview of the archival records of courts and military courts in the context of protecting human rights as well as on the archival records of former Yugoslavia.

Study of the current performance of the European power transformer fleet

In many countries, diverse legislations are today asking for more rational use of energy. For this reason, several initiatives are nowadays promoting a reduction of the overall energy consumption. The European Union has published a Directive 2009/125/EC which fix eco-design requirements to energy-related products. One of these products is power transformers which are a basic piece of generation, transmission, distribution and consumption of electrical energy. The operation of these machines implies the transformation of energy, a part of this energy is dissipated in electrical and magnetic circuits. The amount of losses produce by transformers is defined during the design of these machines. So, they must comply with the above EU Directive. In fact, the Official Journal of the European Union has set a list of energy efficiency limits to be fulfilled by new machines sold in Europe (Commission Regulation 548/2014). This article presents three parts. The calculation of the maximum performance is presented in the first part. This is independent of the load percentage, the impedance and the voltage level. A description of the European fleet of power transformer, up to 100MVA is presented on the second section. In the last part of this work, the efficiency of the fleet is analysed using the maximum performance concept and considering the EU Regulation.

Disability discrimination (6): a critique of equality and diversity legislation

This article seeks to discuss the value and effectiveness of the Acts of Parliament and the Reports highlighted earlier in this series, specifically how effective were these Parliamentary Acts and independent Reports In tackling and preventing disability discrimination and to try and gauge whether these documents were ‘fit for purpose’.

Crossing the Rubicon? Legal developments in assisted suicide

SummaryUK law on assisted suicide and euthanasia is very clear: it is unlawful. However, there have been successive proposals for changes to legislation in this area (in England and Scotland) and a series of individual challenges to current legislation in the courts. This article does not seek to debate the profound ethical arguments that surround this emotive subject, but instead to portray how the law, through court judgment and legislative proposals, has wrestled with opposing views, particularly over the past decade or so, as the impact of the Human Rights Act has presented unique challenges. Some of our closest European neighbours have diverse legislation that could influence our own legislature, and, from across the Atlantic, the Oregon Death with Dignity Act is being mirrored in proposals to change the law in the UK.Learning Objectives•Be able to recognise the impact of the Human Rights Act on challenges to legislation relating to assisted suicide.•Understand proposals for statute.•Appreciate how certain other countries legislate in this area.