Compensation Fund Research Articles

AIと民事責任 ― 日本における議論の現況

Faced with the development of the artificial intelligence-based technologies, do we need to modify our civil liability (tort liability) system or compensation system in general? Although an AI system has several features compared to other technologies, it is its “autonomy” which poses the essential question whether a harm caused by its output can be attributed to a human. The aim of this paper is to overview and to analyze the current theoretical situation regarding this topic in Japan. Just like in other countries, the adaptability of the existing civil liability regime to the accidents caused by autonomous vehicles is considered as a question to be solved as immediately as possible in Japan. Although the liability regime established by the Act on Securing Compensation for Automobile Accidents in 1955 will work acceptably well for the SAE Level 4 (High Driving Automation) vehicles, there are worries that it won’t for the SAE Level 5 (Full Driving Automation) vehicles because of the eventual disappearance of the person responsible according to this regime. This is why the Japanese government and law scholars have started to discuss the alternative regimes aiming to reinforce the civil liability of manufactures of autonomous vehicles such as renewing the compulsory liability insurance, elaborating an independent liability regime for autonomous vehicles, creating a compensation fund, etc. How about AI systems in general? The modernization of the common civil liability regimes will be inevitable: the traditional fault liability regime should be reinforced by introducing the general measures of the presumption of fault and/or causality; the existing product liability regime established by the Product Liability Act in 1994 should be modified to be adapted to the digitalization. However, these solutions might be nothing more than stopgap measures, considering the inherent limits of these regimes (necessity to identify a “misconduct” of a human using an AI system, difficulty in defining a “defect” of an AI system, etc.). Three new regimes are to be further discussed: no fault liability focusing on the uncontrollability of autonomous AI systems, vicarious liability regarding AI systems as auxiliaries of humans, and compensation fund intended to indemnify victims of the outputs of AI systems. Each regime poses a lot of theoretical questions to which the current Japanese civil liability doctrine is not yet ready to answer satisfactorily.

Reforming China’s Ship-Source Oil Pollution Compensation Fund in View of Increasingly Strict Environmental Protection

Abstract This article analyses the achievements and challenges of the China Ship-source Oil Pollution Compensation Fund (COPC Fund) in pursuit of an adequate, effective, and prompt compensation scheme for clean-up expenses and environmental damages against the backdrop of increasingly strict environmental protection requirements. Socioeconomic development, oil pollution catastrophes, and shipping decarbonisation necessitate broad and immediate reforms of the COPC Fund. These include increasing the compensation limits to reflect soaring oil pollution risks, improving standardised compensation rates, attaching greater importance to environmental restorations, developing streamlined claim assessment procedures for financially disadvantaged groups, and being receptive to new damages arising from the carbon neutrality campaign.

Analysis Of The Realization of Non-Tax State Revenue at The Directorate General of Workforce Placement Development and Expansion of Employment Opportunities, Ministry of Manpower

The Ministry of Manpower, through the Directorate General of Workforce Placement Development and Expansion of Employment Opportunities, has the task and function of managing Non-Tax State Revenues as The Non-Tax State Revenue Management Agency. This research aims to analyze the realization of Non-Tax State Revenue sourced from The Compensation Fund for The Use of Foreign Workforce at the Directorate General of Workforce Placement Development and Expansion of Employment Opportunities for the fiscal year 2019 to 2023. This study used a descriptive qualitative method. The results of the research show that the realization of Non-Tax State Revenue sourced from The Compensation Fund for The Use of Foreign Workforce at the Directorate General of Workforce Placement Development and Expansion of Employment Opportunities for fiscal year 2019 to 2023 will experience fluctuations that cannot be separated from the number of foreign workers working in Indonesia. Management of Non-Tax State Revenue sourced from The Compensation Fund for The Use of Foreign Workforce has not been implemented optimally due to several internal and external factors. Factors that influence the realization of Non-Tax State Revenue sourced from The Compensation Fund for The Use of Foreign Workforce are government regulations and policies, the COVID-19 pandemic, the number of regional regulations regarding regional levies, and the dollar exchange rate against the rupiah.

Strengthening Resilience and Sustainability for Post-Disaster Recovery: A Comparative Law and Economics Analysis on Smart Mixes Between Mechanisms

This article advocates smart mixes of mechanisms of post-disaster recovery in terms of boosting resilience and sustainability through liability rules, government intervention, insurance, and their combinations. Liability rules can provide compensation to victims and, in theory, also reduce disaster risks, while they have their limits in practice. The government widely intervenes in disaster compensation in many countries, but it faces challenges in how it can intervene fairly and efficiently, whether through informal channels, such as ad hoc charity, or structured approaches, such as compensation funds. As governments may struggle to provide efficient and effective compensation ex post, insurance may offer proactive solutions with models of first-party catastrophe insurance and third-party liability insurance ex ante. Where market failure, liability failure, and government failure may all arise, a smart mix of mechanisms is often preferable from a law and economic perspective, rather than relying solely on one framework. However, upon examining empirical evidence regarding the effectiveness of these instruments in China, the UK, France, Germany, and Turkey, it becomes apparent that a mix of mechanisms is not always applied in an effective manner. Models of mandatory comprehensive disaster insurance, and Public–Private Partnership (PPP), which both receive government intervention as a last resort to the market and liability failures, can reach the goal of more effective compensation for disaster victims, risk prevention and resilience when faced with disaster recovery, and should therefore be substantially implemented beyond the current levels. To be clear, the proposed mix of solutions mainly focuses on legal and economic dimensions which are rather limited, ignoring, for example, building codes for structures and physical interventions.

PROGRESS: A patient-centered engagement infrastructure and multi-level approach to enrich diversity, equity, and inclusion in a national randomized online behavioral pain treatment study

Twenty percent of individuals experience chronic pain worldwide posing significant challenges to those living with it. Pain research is crucial for developing and characterizing effective strategies to reduce the burden of chronic pain. Traditional research approaches often yield homogeneous study samples that poorly generalize and have unknown applicability across diverse patient populations. The Pain Relief with Online Groups that Empower Skills-based Symptom Reduction (PROGRESS) study aims to address disparities in pain research engagement and patient outcomes through the intentional inclusion of people with varied backgrounds and experiences of pain, and through a multilevel design informed by diverse stakeholder recommendations. The composition of three advisory boards (Patient Engagement and Diversity Board, Local Patient Advisory Board, and the National Patient Advisory Panel) prioritized diversity in patient/expert advisor background, geographic location, race, and ethnicity. Our engagement approach aligns with the Foundational Expectations for Partnerships in Research by Patient-Centered Outcomes Research Institute (PCORI), which emphasizes diverse representation, early and ongoing engagement, dedicated funds for advisor compensation, collaborative decision making, meaningful participation, and continuous assessment. The first 24 months of study advisor engagement has yielded multiple recruitment strategies resulting in a study population enriched with a breadth of identities within PROGRESS (e.g., inclusive patient-facing materials). Lessons learned underscore the importance of investing time in building patient and stakeholder relationships, trust, and embracing diverse viewpoints amongst the study team. PROGRESS demonstrates the potential of diverse patient-centered engagement to support evidence-based outcomes and practices that are more inclusive, equitable, and representative of the broader population. PerspectiveThe PROGRESS study demonstrates how diverse patient engagement and inclusive advisory boards enhance research outcomes. By aligning with PCORI standards and employing innovative recruitment strategies, it highlights the vital role of stakeholder relationships and diverse perspectives. Key lessons learned emphasize adaptive strategies and continuous feedback for advancing equitable pain research.

Identification of Ecological Compensation Zones and Compensation Amounts: A Case Study of the Yellow River Delta

Accurately identifying ecological compensation areas and scientifically determining appropriate compensation amounts are crucial for establishing a robust ecological compensation mechanism, which in turn is key to promoting the coordinated development of ecological protection and high-quality economic growth. This study innovatively proposes a framework for ecological compensation termed “Accounting of Ecosystem Services Value–Identification of Priorities for Payers and Recipients–Calculation of Ecological Compensation Amount (ESV–PPR–ECA)”. It utilizes the InVEST model and the emergy method to assess the value of ecosystem services, constructs the Ecosystem Payment and Recipient Priority Sequence (EPRPS) Model to identify the payers, recipients, and their priorities for ecological compensation, and employs the conversion factor method to calculate the Ecological Compensation Amount (ECA). This framework aims to address the questions of “How should compensation be provided?”, “Who should compensate whom?”, and “How much compensation is necessary?”, ensuring the optimal use of ecological compensation funds and providing a scientific basis for inter-regional ecological compensation. The study’s findings indicate that the total Ecological Compensation Amount for the Yellow River Delta in 2020 was 3.848 billion RMB, with the total amount receivable being 4.032 billion RMB and the total amount payable being 184 million RMB. The compensation funds should be prioritized for tideland and the Yellow River, and venture, cropland and industrial land should be the first to contribute compensation. Additionally, the Ecosystem Service Value of the Yellow River Delta showed a declining trend from 2015 to 2020, underscoring the urgent need to establish a horizontal compensation mechanism for the region. Such a mechanism would incentivize environmental protection and the construction of ecological civilization, ultimately enhancing ecosystem service functions. Therefore, we recommend the implementation of horizontal fiscal transfers, where financial assistance is provided from paying areas to recipient areas, offering a scientific reference for the establishment of a horizontal compensation mechanism within the Yellow River Delta.

Fund allocation modeling of compensation subjects for various protection levels of the ecological flow in rivers under runoff variations

Ecological compensation for protecting of river ecological flow (e-flow) is crucial to maintaining the health of river ecosystems; however, determining the fund sharing for ecological compensation can be challenging. To fill this scientific gap, we herein developed a specific framework to determine the fund-sharing of ecological compensation subjects. Such a framework mainly consists of three parts:1) Identifying the subjects who benefit from the consumption and eco-products provided by e-flow protection, and determining the sharing coefficient of the compensation subjects based on the ratio of their economic benefit to the total economic benefit; 2) Evaluating the ecological compensation resulting from the e-flow protection with the help of the production function method; 3) Combining the ecological compensation and compensation sharing coefficient to determine the fund sharing of compensation subjects. We have successfully applied this approach to the Baoji Section of the Weihe River and the Baojixia Yuanshang Irrigation District (BYID). The obtained results revealed that the compensation subjects were Baoji and Xianyang City, and their corresponding fund-sharing coefficients in 2010 in order were 0.71 and 0.29. It was predicted that ecological compensation for e-flow protection would be 209 million yuan in 2010 year, and the corresponding values of capital sharing are 148 million and 61 million yuan. Over the last 23 years (in the time interval of 2000–2022), the share of compensation funds has gradually decreased, indicating an increasing trend with the improvement of the security level. Join us in our mission to protect river ecosystems and maintain a healthy balance by using this approach for ecological compensation.

Ecological compensation mechanism controlled by both river ecological water demand and regional water rights

River ecological protection and rational utilization of water resources provide an important support for the sustainable development for human beings and nature. In view of the lack of ecological compensation research on river ecological water demand and socio-economic water demand, a mechanism and methodology for ecological compensation based on the synergistic control of river ecological water demand and river water rights allocation is proposed. The variable monthly flow method and the improved dynamic calculation method are applied to obtain the river basic and suitable ecological water demands as the river protection threshold. A two-layer decision model for water rights allocation is established, which realizes the cascading allocation of initial water rights from city to counties to sectors, and the socio-economic water usage threshold for each level is obtained based on the model. Developing compensation discrimination guidelines under the dual-threshold synergistic control and using the unilateral water resources value by sub-sector as the compensation standard, realize the quantification and sharing of compensation funds. The Nanyang section of the Bai River basin in China is used as an example. The ecological compensation value for wet year (2011), normal year (2012), and dry years (2014–2013) are 0, 15.09 × 108 and 12.04 × 108 (average value for dry years) RMB. The adoption of suitable ecological water demand thresholds in 2012 increases the ecological protection requirements thus leading to an internal compensation situation between Nanyang County and Xinye County. From 2014 to 2016, river runoff continued to be low, and excessive water intake from upstream lead to a chain of compensation situations in the midstream and downstream. It is essential to establish a basin and regionally nested ecological compensation mechanism. The research results are conducive to improving the eco-compensation theory and provide scientific references for water resources management and high-quality development in the basin.

Ripple effects of coal phaseout on employment in China: From mining to coal consumption sectors

China's stringent decarbonisation, marked by an uncompromising coal phaseout, has induced significant ripple effects across the coal industry chain's employment structure. By utilising a composite methodology that integrates the Global Change Assessment Model and Input‒Output Model, this study systematically quantifies the impact on employment, revealing a loss of 1.6 million jobs in mining and 8.2 million in the entire chain. Concurrently, a labour shift to the renewable sector has resulted in an 18.5% increase in employment, equivalent to creating 508,000 new positions from 2017 to 2020. Projections suggest that renewable energy initiatives could address 25% of the employment gap for precision by 2060 under carbon neutrality scenarios. Nonetheless, the coal sector is expected to lose more than 20 million jobs, indicating the need for a 2.3 trillion-yuan compensation fund. This study highlights the need for policy interventions to facilitate labour transitions through comprehensive retraining programs and strategic investments. Promoting economic diversification and clean coal technologies can improve resource utilization and create new jobs. Additionally, repurposing abandoned coal mines into energy storage facilities or renewable energy sites can prevent stranded assets and generate employment. These findings provide a robust framework for addressing the socioeconomic challenges of energy transitions, offering critical insights for other coal-dependent countries aiming for sustainable development.

Examining the Impact of the Solo-Yogyakarta Toll Road Construction on Farmers’ Assets and Psychological Well-being

<p>This study investigates the psychological impact of farmers’ sentiments on land conversion associated with the national strategic project for constructing the Solo-Yogyakarta toll road, focusing on the asset aspects of farmers’ families. Employing descriptive and survey approaches, supplemented by in-depth interviews to enhance the research design, the study utilized a random sampling method with a proportional cluster, encompassing a sample size of 258 participants. Data collection was conducted through questionnaires, and analysis involved cross-tabulation and chi-square descriptive analysis to examine relationships between factors. The findings reveal that farmers experience psychological distress, particularly sadness, due to the change in land use and the option to sell their land. Farmers’ attitudes toward compensation procedures were generally neutral. Overall, the study highlights the significant psychological impact of land conversion, predominantly manifesting as sadness among farmers. The research underscores the need for policy development to establish support programs by relevant entities, ensuring that compensation funds are effectively utilized to generate new income sources for the affected farmers.</p>

Environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine

The article examines the environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine. The problems of bringing the aggressor state to responsibility for ecocide are analyzed. Having found a legislative enshrinement in the national criminal law (Article 441 of the Criminal Code of Ukraine), ecocide has not been enshrined in international criminal law. It is not recognized as a crime either in the Rome Statute of the International Criminal Court or in any other international legal act. As of today, Russian crimes against the environment can be investigated by the International Criminal Court as war crimes. The author of the article supports the proposal regarding the need to include the crime of ecocide in the Rome Statute. The ecological and legal aspect of the formation of an international compensation mechanism is studied, the components of which are: 1) an international register of damages; 2) compensation commission (which will consider individual applications for compensation by the Russian Federation for losses from citizens, companies and the state); 3) compensation fund (which will accumulate funds to pay commission decisions, including at the expense of confiscated Russian assets). The mechanism of compensation for environmental damage caused as a result of the armed aggression of the Russian Federation against Ukraine is analyzed, and ways of its optimization are proposed. The future compensation mechanism should be based on the «ecosystem services approach», which will significantly increase the amount of environmental damage that the Russian Federation will pay to Ukraine. The international practice of compensation for environmental damage caused by the aggressor as a result of military actions and temporary occupation was studied and analyzed. The author emphasized the need to reform the state environmental monitoring system. Without reliable monitoring data, it is difficult to prove a causal relationship between the illegal actions of the aggressor state and the damage caused to the environment.

Design of a Socially Inclusive Climate Risk Transfer Mechanism: A Case Study in La Guajira, Colombia

The primary aim of this study was to develop a model of a socially inclusive climate risk insurance (CRI) mechanism based on the differential risk transfer approach. This study focused on the department of La Guajira, Colombia, as a case study. La Guajira is the department in Colombia that, due to its critical disaster risk conditions, presents the adequate configuration for implementing a climate risk transfer mechanism. The article starts by analyzing risk conditions by using secondary data. Based on fieldwork, this research explored the perspectives of the most vulnerable sectors in La Guajira Department on the socioeconomic impacts and needs they experience regarding climate-related hazards, their adaptive measures for risk reduction, and their willingness to adopt CRI. This represents the fundamental input for the formulation of the CRI model. Consequently, this research proposed an operational structure as input for future implementations of the model. The results indicate that national and local disaster risk management public policies align with the sectors’ needs and priorities. Strengthening sectoral associations can enhance representation in CRI projects. In-kind indemnization is preferred for women entrepreneurs and the indigenous community. The CRI model includes a risk pool through the family compensation fund of La Guajira as a sectoral agglomerator, with contingent credit and traditional/parametric insurance. The methodology developed in this study can be applied in different contexts worldwide as a guidance for informing national and international climate risk finance initiatives.

Coordination of interests between upstream and downstream governments in water source areas

Exploration of establishing a robust intergovernmental benefit compensation mechanism for water source areas holds significant importance in promoting regional coordinated development. Taking the Guanting Reservoir basin, a water source area in Beijing, China, as an example, we established an ecological location model with urban water sources as the core by drawing on the concept of spatial circle structure in traditional location theory. Based on this, we proposed the theory of ecological cost of water source land level difference and analyzed the basic composition of ecological cost of water source land. Finally, the differential ecological costs method was used to estimate the ideal horizontal eco-compensation funds between the downstream city of the water source (Beijing) and the upstream city (Zhangjiakou). The results are as follows: (1) the closer to the water source reservoir area and the higher the protection zone level, the greater the contribution of the ecological product value realization and the ecological protection costs to the protection of water resources in the reservoir area. (2) The compensation funds for water source areas are jointly composed of the increment of ecological product value and protection costs. (3) In 2021, the value addition of ecological products in the upstream region was 3.075 billion yuan, and the protection cost was 6.702 billion yuan. After multiplying by the differential adjustment coefficient, the horizontal eco-compensation amount that the upstream cities should receive in 2021 is 4.194 billion yuan. This study theoretically addresses the shortcomings of traditional ecological compensation, which overlooked differences in resource and environmental costs due to variations in ecological functional location. It provides a new perspective for further exploring the role of location theory in addressing inter-governmental interest coordination issues in cross-border water source areas.

Assessing the Legal Framework and Socioeconomic Impacts of Compensation for Wrongfully Convicted and Imprisoned Persons in Bangladesh: Challenges and Policy Recommendations

This study delves into the social consequences of convictions in Bangladesh, underscoring the pressing call for thorough legislative and policy changes. It critically assesses the structure and its shortcomings in offering just compensation to those wrongfully convicted, as exemplified by prominent cases like Jahalam, Abdul Jalil, Javed Ali and Sheikh Zahid. Through a research methodology involving literature reviews, case studies, interviews and surveys, the study sheds light on the psychological and financial burdens exonerees and their loved ones face. Comparative analyses of compensation mechanisms in countries like the United States, United Kingdom, Canada, and Australia reveal best practices and underscore the gaps in Bangladesh's current system. Recommendations include enacting specific compensation legislation, establishing a dedicated compensation fund, enhancing procedural safeguards, and offering comprehensive post-exoneration support. By implementing these measures, Bangladesh can better align with international human rights standards and uphold the constitutional rights of its citizens. This study aims to contribute to the broader discourse on justice reform, advocating for a structured and humane approach to addressing wrongful convictions. The findings underscore the importance of legal and institutional reforms in ensuring that justice prevails for those wrongfully convicted, ultimately reinforcing the integrity and fairness of Bangladesh's judicial system.

EVIDENTIARY STANDARDS OF THE UN COMPENSATION COMMISSION: TAKEAWAYS FOR UKRAINE

Background: According to international law, a state responsible for internationally wrongful acts is obliged to fully compensate for the damage caused by such acts (Responsibility of States for Internationally Wrongful Acts, Art. 31). Accordingly, victims who suffered losses as a result of such actions are entitled to compensation. To implement these fundamental principles, the Committee of Ministers of the Council of Europe established the Register of Damages Caused by the Aggression of the Russian Federation against Ukraine. It is just the first of three elements of the future compensation mechanism for Ukraine (the other two, yet to be created, are the compensation commission and the compensation fund). However, to get compensation, every victim of the war will have to prove his or her case before the future commission. In this regard, the evidentiary standards will become critical. To understand how future compensation mechanism for Ukraine could operate, it is useful to study the practice of similar institutions. The UN Compensation Commission deserves special attention, as it could provide valuable insights into how war-related damage must be proven to warrant compensation. Methods: The article’s primary purpose is to explore the approach adopted by the UN Compensation Commission with respect to evidentiary standards. To this end, the article will first outline the general framework of the Commission's work, its purpose and organisational structure. It is then necessary to describe the categories of claims reviewed by the Commission, since - as will be shown later - the Commission applied a diversified approach: different categories of claims were subject to different evidentiary standards with varying degrees of exactingness. This differentiation was necessitated by the prioritisation of claims and the use of an expedited procedure for reviewing first-priority claims. This main part of the study will focus on the Commission's documents that illustrate its approach to evidentiary standards. First, the three evidentiary standards applied by the Commission will be outlined and explained: proving the incident alone with no need to establish the extent of the damage; proving damage on the basis of a "reasonable minimum" of evidence appropriate in the circumstances; and proving damage on the basis of documentary and other evidence sufficient to establish the extent of the damage. The article will then analyse how these three standards were applied in practice to the selected categories of personal injury claims. Finally, the conclusions will consider what takeaways can be drawn from the Commission's case law for the Ukrainian case. Results and Conclusions: In times of armed conflict and occupation, gathering evidence of harm is notably challenging for victims due to various reasons. This fact calls for special consideration from international compensation mechanisms, which cannot adhere to the rigid formalities used in regular court proceedings. That is why the international law of evidence is adaptable and seeks to adjust to claimants' unique situations. This adaptability is exemplified by the relaxed and diversified standards of proof utilised by the UN Compensation Commission. Diversifying the standards of proof in the practice of the UN Compensation Commission consisted of applying three different approaches to different categories of claims. In addition, the burden placed on claimants was eased by presumptions developed in the Commission's case law. The pioneering approaches of the UN Compensation Commission should be applied and refined within an international compensation mechanism for Ukraine. This entails prioritising individual claims, introducing both regular and expedited tracks for processing claims, and ensuring flexibility with regard to the burden of proof and evidentiary standards to accommodate the challenges of wartime evidence collection without overwhelming victims.

A new multiscale collection and allocation framework for national ecological compensation funds based on ecosystem service supply and demand dynamics

To date, a clear model between ecosystem services (ES) and their beneficiaries has not been established, which reduces the possibilities of the implementation and effective use of ecological compensation. In this study, we constructed a “top-down” and “bottom-up” bidirectional framework for ecological compensation fund (ECFs) collection and allocation, by taking into account the supply and demand of ES. This framework focuses on how to (i) collect ECFs from consumers and (ii) distribute ECFs equitably to suppliers, (iii) and utilize the net ECFs of each administrative unit to improve the efficiency. We analyzed the ES and ECFs in 31 provinces, 333 prefecture-level cities, and 2844 districts (counties) in China from 2000 to 2020, and further classified the relationship between gross domestic product (GDP) and ECFs. Our research revealed that ES and ECFs exhibited a consistent upward trend over time, but displayed significant disparities and inconsistencies across different geographical areas. This analysis identified four distinct relationship modes between ECFs and GDP, serving as a valuable foundation for promoting environmentally sustainable development. The proposed framework acts as a “bridge” connecting the ES and stakeholders through national ECFs, helps address the challenges in ecological compensation financing, and enhances the clarity of the collection and allocation process. We believe that the implementation of this ECF framework, with the support of ecosystem management activities, could provide the basis for Green transformation development in China and beyond.

Construction and Influencing Factors of Voluntary Compensation Subjects for Herders—From the Perspective of Sustainable Utilization of Grassland Resources

The grassland ecological compensation mechanism is a basic guarantee for promoting the sustainable utilization of grassland resources, and the reasonable determination of the compensation subject is the basic premise for the effective operation of the grassland ecological compensation mechanism. At present, grassland ecological compensation is mainly based on government compensation, and the compensation method generally adopted is financial transfer payment with a single source of compensation funds. Therefore, establishing diversified compensation entities is of great significance in expanding the sources of compensation funds. As important users of grassland resources, herders should become the main representatives of grassland ecological compensation according to the principle of “whoever uses, pays”. In this study, based on survey data with respect to pastoral areas in Inner Mongolia, we used a multivariate ordered logistic regression model to empirically analyze the factors influencing the establishment of a voluntary compensation entity for herders. The results of this study showed that (1) the resource endowment factors of the respondents, including livestock inventory, grazing area, and cutting grassland area, have a significant positive impact on the willingness of herdsmen to voluntarily serve as the main representatives of grassland ecological compensation. When each influencing factor increased by one unit, the probability of voluntarily becoming a compensation subject increased by 3.5%, 1.91%, and 1.41%, respectively. (2) The factor of prohibited pasture area in the endowment of herders had a significant negative effect on their willingness to become compensation subjects, which indicates that the larger the prohibited pasture area owned by herders, the lower their grassland utilization rate and the lower their willingness to voluntarily become compensation subjects. (3) Among the cognitive factors of the respondents, “whether they will continue to support the implementation of the grassland compensation policy” had a positive promoting effect on herdsmen voluntarily becoming compensation subjects, showing that the higher the support of herdsmen for the ecological compensation system, the more willing they were to become compensation subjects. This article is based on the perspective of the sustainable utilization of grassland resources and empirically analyzes the influencing factors of herders’ willingness to reduce their number of livestock. Through the voluntary reduction of livestock by herders, a voluntary compensation entity for herders is constructed. Based on the research conclusions, relevant countermeasures and suggestions are proposed, providing a reference for improving grassland ecological compensation policies and promoting the sustainable utilization of grassland resources.

Integration of medical legal services into a hospital-based violence intervention program: A survey and interview-based provider needs assessment.

Violent injury among trauma surgery patients is strongly associated with exposure to harmful social determinants of health and negative long-term health outcomes. Medical-legal partnerships in other settings successfully provide patients with legal services to address similar health-harming legal needs and may offer a promising model for the care of violently injured patients. An electronic survey tool was distributed to clinicians and staff affiliated with the hospital-based violence intervention program at a single urban level one trauma center. Semistructured follow-up interviews were conducted with participants, and interviews were coded using thematic analysis and grounded theory. Participants reported many health-harming legal needs among their violently injured patients. The most commonly identified needs were: health insurance denials (62.5%); difficulty accessing crime victims compensation funds (56.3%); trouble accessing official documents (50%); and problems with non-SSDI public benefits (50%). Participants reported inconsistent methods for learning about and responding to patients' health-harming legal needs. The most common barriers to addressing these needs included the following: lack of awareness that a lawyer could help with the issue (68.8%); prioritization of other needs (68.8%); previous negative legal experiences (62.5%); and cost (62.5%). Identified needs encompass issues traditionally addressed by MLPs as well as more novel challenges faced by violent injury survivors. This survey and interview-based study identifies complex health-harming legal needs present among violently injured trauma surgery patients. Medical-legal partnerships specially designed for the setting of violent injury appear well-suited to meet these needs, potentially reducing risk of violent reinjury, long-term negative health outcomes, and health care system costs. Prognostic and Epidemiological; Level IV.

Rethinking compensation in light of the development of AI

ABSTRACT The opacity, autonomy and complexity of AI systems can stand in the way of a fair and efficient allocation of risk and loss. The European Commission (EC) has recognized this and has addressed these matters in two proposals for two directives: the AI Liability Directive and a new Product Liability Directive. Both Directives address information asymmetries between parties in a liability claim by providing new rules on the burden of proof. In addition, the proposed Product Liability Directive has been brought ‘up-to-date’ by explicitly incorporating new technical developments and by ending the debate on software as a product. Nevertheless, the injured party might still not receive compensation for the damage caused by a defective AI-system. This gives rise to the question of whether the legal framework for compensation should be revised more boldly to ensure compensation for the damage suffered by the injured party. This contribution will explore such a bold approach by delving into compensation funds. More specifically, this contribution will examine how a compensation fund for damage caused by AI-systems can be designed as well as what its boundaries could or should be and what its benefits could be.

Compensation Fund in Foundations: Indonesia’s Foundation Laws and Auditor Perspectives

Foundations play a pivotal role in advancing social causes and managing donations for the betterment of society. In Indonesia, foundation faces significant challenges that undermine their integrity and accountability. This study delves into the multifaceted issues surrounding foundation management and legal compliance in Indonesia. One thing that needs to be noted in the management of Foundations is the strict prohibition in the Foundation Law that Founders and Foundation Organs are prohibited from receiving salaries, wages, or honorariums (compensation fund), and this prohibition is even threatened with criminal penalties. In their activities, Foundations that receive donations or certain asset amounts are required to have their financial statements audited, and some Foundations have done so. There are differences in assessing the violation from the perspective of enforcing the Foundation Law and from the perspective of auditors. To address these pressing issues, this study adopts a qualitative research approach with content analysis techniques. By systematically analyzing textual data sourced from legal documents, financial reports, and relevant literature, the study aims to shed light on the challenges faced by foundations in Indonesia and identify strategies for enhancing transparency, accountability, and effectiveness within the sector