Legal Scope Research Articles

Biobank consent under the GDPR: are potential sample donors informed about all lawful uses of biobank data?

This paper analyses the information disclosures in two biobank consent documents used by biobanks operating under the General Data Protection Regulation (GDPR). The aim of the analysis is to investigate how these documents inform potential sample donors about possible future uses of biobank data. The findings suggest that the consent documents provide potentially misleading information regarding the range of possible future uses of biobank data. Based on these information disclosures, potential sample donors may reasonably believe that the data can only be used for a narrowly defined range of research purposes. However, the range of lawful uses of the data is much broader and less clearly defined. Consent provided based on misleading information is not morally transformative, even if it were legally valid. To facilitate morally transformative biobank consent, this paper provides two recommendations for information disclosure to potential sample donors regarding future uses of biobank data: first, potential sample donors should be informed about the legal scope of consent; and second, they should be informed about the full range of lawful uses of biobank data.

COUNTERING COLLABORATIONISM IN THE CONTEXT OF ARMED CONFLICT

The purpose of the article is to identify the peculiarities of combating collaborationism in the context of armed conflicts and to highlight the main areas for improving criminological policy in this area. It is established that collaborationism, in a broad sense, is a complex criminal phenomenon that arises as a result of the interaction of subjects of the communication process (individuals, certain organisations) or voluntary or forced cooperation with the aggressor. In a narrow sense, it is an act, the characteristics of which are defined, in particular, in Art. 111-1 of the Criminal Code of Ukraine and which undermine the national security of Ukraine, pose a direct threat to the state sovereignty, territorial integrity, constitutional order and other national interests of Ukraine, and/or constitute conscious, voluntary and deliberate cooperation with the enemy in its interests and/or to the detriment of the state and its allies in the form of public denial by a citizen of Ukraine of armed aggression against Ukraine, establishment and confirmation of the temporary occupation of a part of the territory of Ukraine, or public calls by a citizen of Ukraine to support the decisions and/or actions of the aggressor state, armed formations and/or occupation administration of the aggressor state, to cooperate with the aggressor state, armed formations and/or occupation administration of the aggressor state, not to recognise the extension of the state sovereignty of Ukraine to the temporarily occupied territories of Ukraine. It is emphasised that with the entry into force of the Laws of Ukraine "On Criminalisation of Collaboration" and "On Amendments to the Criminal Code and the Code of Criminal Procedure of Ukraine to Improve Liability for Collaboration and Peculiarities of Application of Preventive Measures for Crimes Against the Fundamentals of National and Public Security" (2022), Ukraine has generally created a legal framework for preventing collaboration in the state. Results. The analysis has revealed the existence of problematic issues in countering collaboration in the current context of the armed conflict in Ukraine and allowed to propose ways of solving them, in particular the need to amend the sanctions of the Criminal Code to classify collaboration as a serious crime, since according to the Criminal Procedure Code the vast majority of covert investigative actions are carried out exclusively in criminal proceedings for serious or particularly serious crimes. These amendments will make it possible to properly document the criminal actions of "collaborators" and to significantly expand the legal scope of evidence collection in these crimes to include not only educational, but also cultural, athletic and sports institutions in the scope of collaboration, which will make it possible to investigate the dissemination of information in educational, cultural, sports and physical culture institutions aimed at distorting facts, historical culture and/or events, as such assimilation of Ukrainian children may lead to the loss of their national identity. It is expedient to change the construction of the provision, which is in line with the principle of legal certainty, and define the prohibited types of legal activities. Such a list is also provided for in the Law of Ukraine "On Ensuring Civil Rights and Freedoms, and the Legal Regime on the Temporarily Occupied Territory of Ukraine" (2014); Article 111-1 of the Criminal Code of Ukraine provides for alternative jurisdiction for pre-trial investigation of a criminal offence. In particular, in criminal proceedings on collaboration, the pre-trial investigation is carried out by the investigator of the body that initiated the investigation.

Analysing governments' progress on the right to health.

To examine the influence of varying articulations of the right to health under domestic constitutions, legislation and jurisprudence on the scope of legal protection for health. We investigated legal recognition of the right to health, by conducting a three-level search. First, we searched databases containing constitutional texts. Second, we did a thematic analysis of those constitutional texts with explicit constitutional recognition of health rights, employing NVivo for coding. For the 54 World Health Organization (WHO) Member States without explicit constitutional provisions, we explored statutory paths, judicial constructions and instances where both methods contributed to the acknowledgement of health rights. Lastly, we confirmed evidence of jurisprudence constructing a right to health based on a combination of domestic law and international human rights norms incorporated directly into the text. We identified 140 WHO Member States with a constitutionalized right to health. Our analysis suggests there are notable variations in the legal scope of protection for health, including breadth of entitlements and the possibility of enforcing these rights through the legal system. We also highlight the critical importance of constitutional acknowledgement, legislative measures, and judicial interpretations in shaping the legal entitlements to health-care services, affecting their accessibility and financial support. The analysis offers insights for policy-makers to assess different approaches to health-related entitlements, with implications for health financing and the evaluation of Member States' strides towards universal access to comprehensive care. This analysis also illuminates how distinct formulations of the right to health have varied effects on reducing health disparities.

The Scope of Pre-Trial Post Constitutional Court Ruling

The research aims to analyze the scope of the Pretrial Decision post-decision of the Constitutional Court and the legal considerations of pretrial judges’ post-decision of the Constitutional Court. This research is a normative legal research using the legislative, conceptual, and case approaches. The research found that first, the scope of the Pretrial Decision post-decision of the Constitutional Court has been expanded regarding the "determination of suspects post-decision of the Constitutional Court Number: 21/PUU-XII/2014", "limitation of the material legal scope of pretrial post-decision of the Constitutional Court Number: 109/PUU-XIII/2015", "expiration of pretrial petition post-decision of the Constitutional Court Number: 102/PUU-XIII/2015", and "submission of SPDP post-decision of the Constitutional Court Number: 130/PUU-XIII/2015". Second, some legal considerations by the District Court judges who examine, adjudicate, and decide on pretrial petitions post-decision of the Constitutional Court still vary in perspectives and their application to the submission of pretrial petitions post-decision of the Constitutional Court. Among them can be found from the legal considerations by the Judge in Decision Number: 3/Pid.Pra/2023/PN.Pya, Decision Number: 2/Pid.Pra/2023/PN.Sbw, Decision Number: 5/Pid.Pra/2023/PN.Mlg, and Decision Number: 2/Pid.Pra/2024/PN Jkt.Sel.

ANALISIS KEWENANGAN INTERNATIONAL CRIMINAL COURT (ICC) PADA PENANGANAN KASUS PALESTINA MENURUT SUDUT PANDANG HUKUM PIDANA INTERNASIONAL

An international criminal court (ICC) is a criminal court that is a permanent within international legal scope, which has competence try individuals on the basis of criminal acts of an international nature. These criminal acts include war crimes, genocide, evil on humanity, and aggression crime. International criminal courts were designed with the goal of mitigating the malaise of national judicial systems. In this context, the ICC will only carry out its functions and authority when the country's national courts are no longer able to invest and prosecute this form of crime. As a court established to handle and resolve international crime problems, ICC have a significant role in maintaining world peace. Therefore, the war conflict which happened in Palestine is one of the jurisdictions of the international criminal court to handle it

Regulatory framework for development and marketing authorization of allergen products for diagnosis of rare type I and type IV allergies: The current status.

Development, production, and marketing authorization of allergen products is generally challenging due to several specific characteristics, including the natural source as well as the multitude of allergenic materials. Also, depending on the frequency of sensitization in the population, the number of patients available for inclusion in clinical trials can be a limiting factor for product development. In the development of allergen products for diagnosis of type I and type IV allergies these challenges are particularly demanding because, in contrast to certain products for allergen-specific immunotherapy, no exemptions from marketing authorization are foreseen for this product group in Directive 2001/83/EC. Thus, the regulatory framework is constantly adapted within the legal scope in order to balance necessary regulatory requirements ensuring quality, safety, and efficacy with the clinical need for a comprehensive range of diagnostic allergen products. In this article, we give an overview on the current regulatory framework for development and marketing authorization of allergen products for diagnosis of rare type I and type IV allergies.

Segurança alimentar e planejamento urbano sustentável para cidades resilientes e saudáveis: um estudo de casos múltiplos

Abstract Food security strategies are essential for cities to respond to stresses and shocks while promoting urban health and quality of life. In Brazil, twenty-seven million city dwellers face severe food insecurity. Urban planning, local climate action and food security promotion are within Brazilian cities’ legal scope of action, providing opportunities to strengthen urban resilience. In this context, the proposed investigation aimed to verify if and how Brazilian cities coordinate these public policies to promote urban resilience and what accomplishments stem from this coordination. The investigation developed as a multiple case study covering ten Brazilian cities. It comprised the qualitative analysis of public policy documents using NVivo for data treatment, quantification, and categorisation. The results showed a wide variety in the breadth and depth of policy measures, indicating diverse maturity levels and implementation and pointing out opportunities for future investigation and policy improvements.

ПРАВОВЕ РЕГУЛЮВАННЯ ТУРИСТИЧНОЇ ДІЯЛЬНОСТІ В УМОВАХ ЦИФРОВІЗАЦІЇ УКРАЇНИ

The legal principles of the implementation of tourist activities in Ukraine are revealed; normative legal acts regarding the legal regulation of tourist activities in the conditions of digitalization of Ukraine were analyzed; the main normative acts regulating the activities of business entities in digital format are highlighted. The legal scope of procedures for state registration of business entities in electronic form and their electronic identification is considered. The issue of regulatory regulation of the processes of digital interaction of representatives of the tourism business with public authorities in terms of obtaining administrative services is analyzed. One of the directions of digitization is characterized – the creation of a platform of registers, the basic registers and others are disclosed. In accordance with the legislation of Ukraine, the following are included in the list of data sets subject to publication: License Register of Tour Operators, Register of Certificates Establishing Hotel Categories, Unified Tourist Register (EUTR). The Procedure for conducting the ETR was analyzed, the normative definition of the register was disclosed, the categories of users of this state electronic information system were listed, where the object is information about subjects of tourist activity and objects of tourist infrastructure. Legislation on information protection and its processing and regulations regulating information interaction in the digital format of the ETR with public electronic registers and other state electronic information resources are highlighted. In Ukraine, there are legal acts for the development of tourism activities in the conditions of the formation of the digital economy. The strengthening of the digital infrastructure of the domestic industry of tourism will be the implementation of the ETR in 2025. However, the specifics of the digitalization of tourism activities should be reflected in industry regulations, including law of Ukraine «About tourism». In addition, the presence of a significant number of regulations on the regulation of digital relations requires the unification of regulations into a single document on digitalization issues – the Digital Code, which will regulate socio-economic relations in the digital economy.

O postrzeganiu prawa jako „przestrzeni możliwości” dla przedsiębiorców

The legal system provides both a framework for the development of economic activity, stating the principles according to which it is carried out, and a certain degree of protection for entrepreneurs. This article suggests an approach at normative regulations pertaining to entrepreneurship whereby they are perceived as a system composed of opportunities for entrepreneurs. The purpose of this study is to present the regulations of the Entrepreneur Law Act as a law comprising “opportunities” that stem from principles informed by a value system and the deriving, legally defined modes of action of the public authorities (economic administration) that shape relations with entrepreneurs. These principles and the resulting relations have been referred to the specific institution within the Entrepreneur Law Act, i.e. scrutiny of economic activity, which establishes legal scope (whose importance cannot be understated given the perspective of the protective function of public economic law) for not so much intervention as protection (respecting) of entrepreneurs’ rights. It was pointed out that measures aimed at protecting entrepreneurs constitute an important element of balancing the position of the inspecting and the inspected in the course of scrutiny, without compromising the efficacy of enforcing law by a public authority.

Balancing climate goals and biodiversity protection: legal implications of the 30x30 target for land-based carbon removal

This article examines the legal conflicts between land-based carbon dioxide removal (CDR) strategies and the establishment of protected areas through the lens of international environmental law. We argue that the 2022 Global Biodiversity Framework's “30x30” target—which aims to protect 30% of global terrestrial and marine areas by 2030—constitutes a “subsequent agreement” under international law and thus clarifies the legal scope and content of the obligation to establish protected areas under Article 8 of the Convention on Biological Diversity (CBD). Since states have pledged 120 million square kilometers for land-based CDR, these commitments potentially conflict with the “30x30” target, especially if global cropland for food production is to be maintained. Consequently, some land-based CDR strategies may directly or indirectly impede the achievement of the “30x30” target, which could be deemed inconsistent with international law. However, as all international environmental law operates in a continuum, this does not imply that land-based CDR should be categorically ruled out. Rather, states should focus on emission reductions and implementing CDR options that provide the most co-benefits to climate mitigation and biodiversity protection efforts.

Criminal reaction to Women murdering in Latin America in 21st century

The objective of this study is to understand the specific criminal type known as murder of a woman for reasons of gender, based on a comparative analysis of its legal scope across Latin American legislations between 2007 and 2020, taking the Brazilian system as the starting point. Feminicide and femicide were the two main terms analysed here; each displays its own conceptual, legal and political means in its application and the struggles associated with its use. The methodology focused on developing a comparative study of women's rights based on what is protected and why, what is criminalised and condemned, and whether these rights are only informed by penal perspectives or refer to mainstream laws to reduce criminality. The analysed period (2007-2020) is divided into three moments and parsed from a criminal policy perspective, considering in particular the penalties and the coordination with other programs and mainstream policies to combat gender-based violence. In general, legislations opt for purely criminal-law measures without the necessary synergy with further programs, without consistency in the meaning of the terms adopted, and with difficulties to determine the offenders’ sex. We conclude that the general tendency in Latin America is one which uses feminicide/feminicide without clear and cohesive criteria in the provisions of the Criminal Codes and lacks coordination with general programs and laws on gender-based violence. Finally, the scope of legal protection is generally limited to "woman" in a biological dimension.

The Legal Scopes of Liberty and the State in Light of the Utilitarianism of John Stuart Mill

In modern democracies the liberty of the individual is ensured and protected by the state or the government. But it is well-known that restrictions on liberty are institutionalized and the individual is responsible for obeying them. The liberty of the individual and its protection is provided through restrictions. On the other hand, the legal system and the government are the institutions that threaten the liberty of the individual. Mill’s thesis on individual liberty implies the primacy of it and sets out the social conditions in which it will be possible to realize and protect individual liberty. The main theme of his treatise On Liberty is the nature and boundaries of individual liberty, the scope of legitimate interference with individual liberty. In other words, the principle establishes a sufficient basis for the legitimate protection of the individual liberty, i.e. what is a restriction of a right, on the one hand, is at the same time a protection of it. An individual must be free from all forms of violence, if his/her actions do not harm others [Riley 2001, 46]. The purpose of the paper On Liberty is to provide one very simple principle. Main point of it is that the method of societies’ relations with the individual should not be coercion and control. No matter is it a case of physical violence as a form of punishment or as a form of moral coercion by society. Power over a member of a civilized community can only be exercised for the sole purpose of preventing harm to others. Thus, the liberty principle establishes a necessary condition for legitimate violence against any individual: his/her liberty of action must be restricted by law or opinion if there is a reasonable expectation that it will harm others.

Solidarity in the EU: What Is In A Name?

The jurisprudence on EU solidarity is rapidly expanding. Notably, the Court of Justice of the EU has progressively recognized the principle of solidarity in its rulings, elevating it to constitutional status. However, as the legal scope of solidarity widens, its scope of application and meaning become increasingly complex. This article seeks to refine our understanding of solidarity as a constitutional principle of EU law. Focused on the Court’s case law, the article maps the evolution of solidarity as a constitutional principle and unpacks the ways in which solidarity has given rise to novel interpretations and extended its sphere of influence. The article concludes that while the meaning and arguably the scope of the principle have expanded, such evolution comes with its set of challenges. The intrinsic dependency of solidarity on specific relational and situational contexts raises a significant obstacle for its conceptualization as a fundamental principle underpinning the EU legal order, particularly if it has legal implications. Consequently, the article argues that elevating solidarity to a fundamental principle of EU law - one that permeates the entire legal structure of the EU and has legal consequences - would be premature until the practical manifestation of solidarity matures beyond the confines of inter-Member-State relations. The article suggests that solidarity might be more accurately conceptualized as a fundamental value rather than an all-encompassing constitutional principle of EU law.

Using Modern Technology to Protect Child Victims and Witnesses of Crime

This study aims to address the issue of the use of modern technology as a mechanism that would protect child victims and witnesses of crime, by shedding light on the definitions associated with the study, the legal regulation of the use of these means with child victims and witnesses of crime, the legal scope of using these means, and talking about the procedures to be taken. The study followed the analytical approach to the legal provisions of the legislation under study. The study reached a set of results, including that electronic means are an effective means to remove the child victim or witness of crime from the atmosphere of the courtroom and reduce his tension by avoiding him confronting the offender, and to provide an appropriate environment that enables the victim or witness of crime to focus on questions and answer them in a comfortable environment. It enables him to provide better and clearer testimony, and the position of the Jordanian legislator came to explicitly stipulate the use of electronic means to protect child victims and witnesses of crime in investigation and criminal trial procedures, taking into account the guidelines adopted by the United Nations in the field of child witness and victim protection, as the legislator took into account When organizing the legal provisions for the use of electronic means, the Jordanian legal guarantees the validity of the investigation and criminal trial with children. Through the means of audio-visual communication, it became possible to direct interactive communication with sound and image without physical movement between children who are spatially separated from the court, and this is an achievement of the principle of presence, oral and public. It also concluded with a number of recommendations, including amending the legal provision that makes the use of electronic means to protect child victims and witnesses of crime permissible for the court to be obligatory in all investigation and criminal trial procedures as long as the legal guarantees for trials are observed, and to find a kind of continuous coordination and cooperation with the leading countries. To develop working methods in the courts, to achieve speedy justice, and to better serve children who are victims and witnesses of crime. Perhaps this study contributes to identifying the limits reached by the State of Jordan in terms of legislative and procedural interest in electronic means and its use to protect child victims and witnesses of crime.

Региональные особенности соблюдения требований FATF

Increasingly expanding international requirements in the field of combating money laundering and terrorist financing (AML/CFT) force the public and financial sector to seek a balance between the rising costs of their implementation and sanctions threats for non-compliance. A number of scientific publications describe regional AML/CFT cooperation in the European Union (EU) as an example of such a balance. Some EU countries coordinate their actions within the framework of the Financial Action Tasks Force on Money Laundering (FATF), which is the methodological centre of the global anti-money laundering movement. Russia is a member of the FATF and its two regional groups: MONEYVAL, organized by the Council of Europe, and the Eurasian Group (EAG) initiated by Russia itself, which unites Russia's neighbouring, mainly Asian, countries. This study covers the results of assessments of compliance by EU and EAG countries with FATF requirements in order to study approaches to AML/CFT regional cooperation and to identify problems arising in this process and prospects for international cooperation. The methods of comparative and graphical analysis were used. The authors show that deep regional integration of lawmaking is not in itself a fundamental factor in achieving equally high rates of compliance with FATF requirements. Indifference to matters of monitoring compliance with approved regional anti-money laundering standards allows particular EU countries to act in the national interest, contrary to the 40 FATF recommendations and the goals of the global AML/CFT regime. On the contrary, the EAG countries demonstrate steady progress in the introduction of legislation and practical implementation of FATF requirements, which indicates their collective awareness of the benefits from financial information transparency and the possibility of exchanging this information at the international level.

THE PRECEDENT OF THE COUNCIL OF STATE AND THE CONSTITUTIONAL COURT ON THE JURISDICTION OF LOSS OF INVESTITURE

The Loss of Investiture is a sanction that implies the removal from the position that a public servant who has been elected by popular vote is holding. Hence, the imposition of this sanction turns out to be an event of great social impact and of great relevance, for the execution of the tasks or functions of the person who performs public functions. Taking this into account, the decision to revoke the official who was popularly elected must necessarily have legal support, and it may far from being a decision that responds to the whims or "political movements" of those who have the important task of decreeing the loss of investiture. Thus, it is necessary to review the pronouncements made by the Constitutional Court and the Colombian Council of State, regarding the Loss of Investiture; the legal scope of said sanction, which has an ethical and subjective character, observing the principles and provisions of the legislator, in relation to the severity of the sanction given to an elected official.

Reorganizacija mesta trgovanja – usaglašenost novog zakona o tržištu kapitala S MiFID II

At the end of 2021, the National Assembly of the Republic of Serbia adopted the new Capital Market Law, which brought numerous novelties and institutes into the national Stock Exchange Law. According to sample of the Markets in Financial Instruments Directive (MiFID II), the legislator fulfilled a complete reorganization of the existing capital market by introducing new trading venues – organized trading facilities and systematic intermediaries. Additionally, under the infuence of contemporary trends in global capital markets – digitization, platformization and financial innovations, sophisticated trading models like algorithmic trading and high-frequency trading were introduced into national law. Therefore, the aim of this paper is to review and indicate to what extent national law is harmonized with current developments in the capital market, primarily with the MiFID II. Having in mind that the implementation of the Law commenced at the moment of writing this paper, it is still impossible to see the legal scope of the application of the newly adopted solutions in practice and the formation the attitudes of competent authorities regarding new institutes.

The influence of government policies on the nurse practitioner and physician assistant workforce in the Netherlands, 2000–2022: a multimethod approach study

BackgroundMany countries are looking for ways to increase nurse practitioner (NP) and physician assistant/associate (PA) deployment. Countries are seeking to tackle the pressing issues of increasing healthcare demand, healthcare costs, and medical doctor shortages. This article provides insights into the potential impact of various policy measures on NP/PA workforce development in the Netherlands.MethodsWe applied a multimethod approach study using three methods: 1) a review of government policies, 2) surveys on NP/PA workforce characteristics, and 3) surveys on intake in NP/PA training programs.ResultsUntil 2012, the annual intake into NP and PA training programs was comparable to the number of subsidized training places. In 2012, a 131% increase in intake coincided with extending the legal scope of practice of NPs and PAs and substantially increasing subsidized NP/PA training places. However, in 2013, the intake of NP and PA trainees decreased by 23% and 24%, respectively. The intake decreased in hospitals, (nursing) home care, and mental healthcare, coinciding with fiscal austerity in these sectors. We found that other policies, such as legal acknowledgment, reimbursement, and funding platforms and research, do not consistently coincide with NP/PA training and employment trends. The ratios of NPs and PAs to medical doctors increased substantially in all healthcare sectors from 3.5 and 1.0 per 100 full-time equivalents in medical doctors in 2012 to 11.0 and 3.9 in 2022, respectively. For NPs, the ratios vary between 2.5 per 100 full-time equivalents in medical doctors in primary care and 41.9 in mental healthcare. PA-medical doctor ratios range from 1.6 per 100 full-time equivalents in medical doctors in primary care to 5.8 in hospital care.ConclusionsThis study reveals that specific policies coincided with NP and PA workforce growth. Sudden and severe fiscal austerity coincided with declining NP/PA training intake. Furthermore, governmental training subsidies coincided and were likely associated with NP/PA workforce growth. Other policy measures did not consistently coincide with trends in intake in NP/PA training or employment. The role of extending the scope of practice remains to be determined. The skill mix is shifting toward an increasing share of medical care provided by NPs and PAs in all healthcare sectors.

Humanitarian assistance in cases of natural disasters and the 2023 earthquake in Turkey and Syria

Natural disasters represent a grave danger that threatens the countries of the world as a whole due to the enormous losses that result from them at all human, economic, social, and environmental levels, which justifies the urgent need for international cooperation in providing humanitarian and relief assistance to the victims affected by these disasters. The importance of research related to the legal scope of humanitarian aid in cases of natural disasters appears with the increase in the frequency and intensity of disasters, the growing losses resulting from them, and the insufficiency of the material or technical capabilities to rescue the victims. Hence, there is a need for a regulating and binding law for the international community that is more stringent and enjoys the spontaneity and speed of the initiative in the moment of disaster. The recent events of the massive earthquake that struck southern Turkey and northern Syria revealed a significant gap in the mechanisms of dealing with the disaster after it occurred, which doubled the human and economic losses in particular. This is especially true with transparency and objectivity in presenting the dimensions and limits of the disaster through media coverage and social media.

Catastrophes provoquées par la nature et implication des forces armées : Exploration d'un cadre de collaboration civilo-militaire

Nature-triggered disasters have been causing havoc in Canada over the past decade. Although many of these hazards cannot be prevented (e.g., earthquakes), their impacts can be managed through judicious planning and by mobilizing national resources. Considering the relentless force of nature and the degree of anticipation and preparedness needed, Canadian civil and military institutions must synergize to optimally utilize human capital, knowledge, and financial resources. Both the Canadian Armed Forces (CAF) and civil society actors have emphasized the importance of enhancing adaptive capacity and reliance on the armed forces for disaster response. As such, frequent involvement in domestic responses diverts the CAF’s focus away from national and international security threats, underscoring a serious national concern. Against this backdrop, the present paper analyzes existing civil-military cooperative models in Disaster Management in Canada and the USA. Three objectives are set: a) to explore the armed forces’ main tenets and approaches to disaster and emergency management, b) to find similarities and differences in institutional and resource priorities (before and during the onset of extreme nature-triggered events), and c) to identify the best collaborative practices and modes of operation of stakeholders involved. Using a case study approach, a desktop review of policy papers and an event database for two large-scale disasters: one in the United States (Hurricane Katrina in 2005) and one in Canada (the 1997 Red River flood in Manitoba) was carried out. The results offered the following major findings: a) organizational and cultural differences between the civil and military authorities in both countries drive the nature of disaster management; b) centralization vs. resource decentralization has remained the key factor in speeding up disaster response; c) political and legal scope and limitations in civil-military cooperation are often blurred; and d) the sole application of the Command, Control, and Communication (C3) approach becomes problematic when a multi-stakeholder approach is preferred for disaster management.