Lack Of Specific Regulation Research Articles

Development of a sustainability index for the inland waterway transport of the Amazon

The article proposes a sustainability index to evaluate water transport in Amazonas-Brazil, aiming to support decisions and promote effective actions. Using statistical analysis in R software, the Amazon River Transport Sustainability Index (ISTFAM) was developed. The relevance of the social aspect stands out, with an emphasis on Working Conditions, Safety and Courtesy. The economic aspect, with indicators such as Value of the Good, Average Cost per passenger and Cost per kilometer traveled, is also considered. The Environmental factor includes Noise Pollution, Water Quality from Taps and Drinking Fountains. The assessment by vessel revealed challenges and imbalances in economic, social and environmental aspects. The lack of specific regulation in the State of Amazonas contributes to complaints. The ISTFAM although initial suggests the need for expansion to other aspects of sustainability, providing important subsidies. The study concludes by highlighting the importance of specific regulations to improve the sustainability of river transport in the region.

The regulatory gap in digital health and alternative pathways to bridge it

Physicians and patients are overwhelmed with the number and variety of digital health technologies coming to market. Marketing authorizations by the U.S. FDA and its European counterparts normally bear signal effects: a product has been tested in a way that it is safe and efficacious for its intended purpose. This is currently not the case for digital health technologies (DHTs) given their characteristics, changes in actors and use contexts and lack of specific regulation in regard to those challenges. The consequent regulatory gap, i.e. the lack of effective regulation of such technologies, poses a threat to patient-consumers. Alternatives to regulatory agency-based assessments are evaluated and proposed to offer some value in bridging the current regulatory gap until it is closed but cannot replace the role of regulatory agencies.

P-347 Gamete donation in Italy: Ethical and legal consideration on the lack of specific regulation

Abstract Study question Given cross border reproductive care, is the lack of specific regulation on egg and sperm donation in Italy ethically acceptable nowadays? Summary answer Nowadays Italy has no national clear legal frame for donors, recipients, and donor-conceived persons. This setting hinders an ethical protection of competing interests and rights. What is known already The Italian Law on ART (40/2004) has undergone major changes; after sperm and egg donation ban lift, the Italian law n. 40 has not been replaced. Gamete donation is therefore allowed, but without specific national regulation. Moreover, given the lack of public information on donation and consequently the shortage of donors, many people still opt for CBRC. In this context, the only legal certainty is that no filiation link arises between donor and donor-conceived children. Political and legal debate on the right to know one's origins is missing. Legally speaking, gamete donation in Italy is actually in half-light. Study design, size, duration -- -- Participants/materials, setting, methods When it comes to ART, national legal frame has to be considered in a comparative view, since CBRC is a fact. Therefore, questioning the lack of specific regulation on egg and sperm donation in Italy has required a comparative analysis with other European legal systems, such as France, Spain and United Kingdom. Main results and the role of chance -- -- Limitations, reasons for caution When advocating a legal change, it should be considered the surrounding political environment; among Italian institutions a growing mistrust of science might be spotted nowadays. This, combined with the very well know Catholic heritage, is undoubtedly a reason for caution Wider implications of the findings A legal change in Italy, backed by a promotion of public information on gamete donation, might entail also an increase in the number of donors and enabling many people to avoid CBRC. The rights of donors, recipients and donor-conceived persons would be protected and more patients could be treated. Trial registration number not applicable

Barriers behind the Retarded Shallow Geothermal Deployment in Specific Areas: A Comparative Case Study between Southern Spain and Germany

Shallow Geothermal Energy (SGE) extracted by Ground Source Heat Pump (GSHP) is a proven clean and profitable technology. Although it is available almost everywhere, its market enjoys different maturity levels along with the other EU Members and even those within the same country. In the Murcia region, in Southern Spain, the presence of GSHP is almost nonexistent. Germany, in contrast, has an extensive tradition of exploiting its SGE resources and is an example of a mature GSHP market. In this work, the technical and non-technical barriers were assessed in both countries to identify the site-specific parameters preventing a better deployment of SGE in Southern Spain. In addition, a SWOT analysis was conducted to highlight the parameters positively and negatively influencing the geothermal resource extraction. Results showed that both study cases showed similar and good technical conditions, such as sufficient resource 80 W/m approx. or a similar impact on the environment mainly due to the use of electricity consumed. However, the regulation and legal framework greatly varied from one area to another. In conclusion, the main factors causing a poor deployment are the lack of specific regulation or regional administration support.

Mexico (Non-)Adequacy to European Standards on Personal Data Protection in the Context of Employment

This article analyses the main standards and regulations put in place by the European Union (EU) and the Council of Europe with respect to the privacy and personal data protection of workers. It demonstrates that there is a current tendency toward the establishment of specific rules aimed at strengthening employees’ rights vis-à-vis employers’ interests. It also shows that there is a preventive rather than a reactive approach in the European model. However, this article argues that, albeit strongly influenced by Europe, the Mexican legal framework on personal data protection does not follow this trend, due to legislative asymmetries between the public and private sector, as well as the lack of specific regulation in this field. Chile, Privacy, Constitutional Law, Personal Data, Private Communications, Informational Self-Determination

Licensing as a Central Structure of Technology Transfer Agreements – Joint Venture and Franchising Agreements

Abstract R&D is one of the most important sources of knowledge and economic growth worldwide, and technology transfer is the principal means to access this knowledge. Nevertheless, market imperfections, externalities, and abusive behaviors have been used by some jurisdictions to justify the enactment of regulations on different contractual categories frequently used to implement this transfer of technology. According to the UNCTAD 2001 report, technology transfer agreements encompass an array of agreements differentiated by their subject matter. Such contracts cover, amongst other things, industrial property, know-how, and technology expertise.1 Most of the doctrine considers technology transfer agreements as an autonomous contractual category due to their standard features,2 such as their bilateral character, the reciprocal rights and obligations between the parties, and the presence of intellectual property rights.3 Thus, the agreements that belong to this category are often determined by the existence of intellectual property rights and know-how. These rights mainly protect useful knowledge that can be exploited in the market by its legal owner or the person who is authorized to do so. The exploitation of intangible assets is carried out using different sorts of contracts, frequently not regulated by law or other statutes and sometimes with a high degree of complexity, depending on the relevant technical matter and the parties’ activities. However, nowadays, despite the lack of specific regulation for most of these types of agreements, they are frequently used in the market and are indeed the licensing agreement that is most used and one of the few that are regulated in some jurisdictions.4 In the same sense, it is essential to highlight the presence of other contracts; for example, it is possible to find features of a trademark license, the sale of products, distribution, or even agency in a franchise agreement. This presence occasionally leads to difficulties in the construction of the parties’ will when there is silence or poor wording on the obligations to be performed. Concerning the construction of the contract, there are different forms that a technology transfer agreement may assume. In this regard, we must point out that the lack of legal classification5 means that it is necessary to use various sources, such as case law, arbitration awards, decisions of administrative bodies, and of course doctrine to carry out a complete analysis of these contracts. For the purpose of this study, a technology transfer agreement is to be considered as the transaction that allows a party to access a technology owned by the other party in exchange for consideration. This article’s main objective is to show how technology transfer occurs through licensing agreements in other complex contracts like joint ventures and franchising agreements. In order to illustrate this transfer of technology, we will throughout this article use statutes and case law of the European Union, the United States, and the Andean Community (CAN). The aim is to present, initially, the scope of the expression technology transfer; we will then examine how these three legal categories work, the relationship between these complex contracts and licensing, and finally, the importance of using the structure of licensing in joint ventures and franchising agreements adequately.

Bioavailability of Engineered Nanoparticles in Soil Systems

AbstractNanotechnologies form a field of research that is still emerging with major gaps in knowledge regarding the behavior and potential toxicological risks of engineered nanoparticles (ENPs) in soils. While most of the studies are conducted in porous media (quartz and glass beads) and culture media, less frequently are the studies carried out in natural soils. However, the complex interactions occurring in soils, mediated by both soil components and soil organisms, are essential in bioavailability processes. Therefore, this paper is intended to highlight particularly the bioavailability of ENPs in soils. The potential release pathways of ENPs to soils are described and are faced with a lack of specific regulation and definitive nomenclature. This paper reviews a number of studies regarding ENP toxicological bioavailability on microorganisms and microfauna, mesofauna, and macrofauna inhabiting the soil, as well as on soil-plant systems. The paper especially discusses ENP behavior in soils that affect EN...

Microbiological evaluation of open and sealed tattoo inks

Background. Introduction of tattoo inks in the skin has been associated with a potential entry of a great number of microorganisms including bacteria, virus and fungi. Contaminated pigments, diluents and instruments represent primary infection risk factors as well as inadequacy of hygienic measures during this practice. However, the evaluation of the infectious risk for public health due to tattoo ink use is actually not feasible cause of the low efficiency of health surveillance and the lack of specific regulation in this area.Materials and Methods. A survey was carried out to test the microbial product safety of some tattoo inks available in Italian tattoo parlours. Physical packaging and labelling of the collected inks were also examined. Newly acquired sealed stock bottles, open ink bottles and tattoo-correlated instruments (needles, spikes and grips) were collected and tested for different microbiological parameters. Results. Both from opened and sealed inks a variety of potentially pathogenic organisms were isolated and identified including Gram positive rods and cocci, Gram negative bacteria and fungi. Different species of Bacillus and Staphylococcus genera were identified, among which S. haemolyticus; Cronobacter sakazaki, Enterobacter intermedius and Sphingomonas paucimobilis were also identified while no atypical mycobacteria were isolated. Needles, spikes and grips tested for sterility were aseptic.Conclusions. Microbial contamination of opened samples suggest inefficacy of preservatives and additives in maintaining inks hygienic quality, and inadequacy of hygienic procedures during the tattooing operations, while the occurrence of microorganisms in unopened samples put in doubt the effectiveness of the sterilization technology applied to this type of product.

Beyond the interoperability of telephony, VoIP and networking: self-realisation marketing contribution to value creation in telecommunications sector

Drawing on behaviour and trust literature, this article presents and discusses a marketing strategy applied by the operators of telecommunications, defined by the authors as Self-Realisation Marketing. Together with technology, this marketing strategy contributes to create value in this sector, partially taking advantage of inefficient regulation leading to market failure. From a technological point of view, this article evaluates the costs of three applications in long-distance communication, considering landline and mobile telephony, as well as Voice over Internet Protocol (VoIP) and their interoperability with the data net. On the other hand, from a business point of view, landline operators are losing clients because of the lack of specific regulation by the telecommunications authority. Through a theoretical discussion the paper hypothesises that value creation in this sector is the result of three distinct components: technological advancements, branding opportunities and regulation failures. The contribution of Self-Realisation Marketing is particularly underlined, showing how this tool can help to increase value both in a positive way (brand value) and in a negative way (hiding market failures).

Financial Conglomerates in China

Along with the gospel of globalization that transforms the world financial markets by desegmentation, marketisation and transnationalisation, an age of financial giants is forthcoming in most of the economies around the globe, either emerging or mature. The emergence of financial conglomerates in different countries can be interpreted by the similar considerations. However, similar reasons do not necessarily lead to the similar appearance of financial conglomerates. The structures of financial conglomerates and the corresponding regulatory organizations differ from country to country and even from one conglomerate to another. In line with its economic framework and developmental stage, China also has its own characteristic financial conglomerates, although they are now at their initiative step and the number is quite small comparing to the huge size of financial market. Ironically, according to the institutionally specialized financial legislations, these conglomerates are rather ropedancers performing on the verge of legitimate cliff or even between the gap of lawful and unlawful, since banks, securities firms and insurance companies are separately capitalized and strictly confined to respective sectors. Lack of specific regulation on financial conglomerates in China does not testify the legislative vacuum in this respect, since all financial conglomerates are comprised of individual enterprises belonging to different financial sectors. However, relevant amendments of financial legislations and appropriate adjustments in regulatory infrastructure seem necessary and inevitable. This article attempts to explore the proper measures and tactics concerning financial conglomerates that may be undertaken by Chinese regulators and supervisors on the basis of present presence of financial conglomerates, current legislative structures and instructive international experiences.