Legislative Issues Research Articles

The impact of touristic whale-watching on Delphinus Delphis and Tursiops truncatus in the Algarve Coast: Combining acoustic analysis and land observations

Touristic whale watching (WW) is an important socioeconomic activity worldwide. Recently, short and long-term impacts caused by WW have been reported for several cetacean species, including Delphinus delphis and Tursiops truncatus, the two most observed species in Portugal. Most of the operations in mainland Portugal are concentrated on the South Coast (Algarve). However, despite their importance for the region, studies focused on the impact of this activity on the animals are still scarce. We used acoustic behaviour analysis and land-based observations to determine the alterations in the vocalization patterns of these animals caused by WW vessels and the length of exposure to this stressor. We found WW presence significantly altered five out of six acoustic parameters of whistles, whistle rate, and whistle type distribution for D. delphis, whereas T. truncatus exhibited significant changes in three acoustic parameters. Conversely, T. truncatus significantly reduced echolocation click rates, while D. delphis did not show significant changes. We also found that the Central region of this coast is the most affected, with animals exposed to WW vessels for up to 38.9% of daylight hours. Furthermore, 66.7% of the observation time in this area had several vessels that exceeded the limit established by law. These results suggest that our study species are impacted by WW, while D. delphis is more affected during social behaviours, and T. truncatus is more affected during foraging activities. Both behaviours are biologically significant, and their disturbance might, in the long term, lead to adverse effects at the population level by decreasing reproductive success and fitness. A gap in knowledge, inadequate legislation and compliance issues threaten the development of a sustainable WW industry in the Algarve and might endanger local populations, therefore immediate attention is needed.

Constitutive metaphors and legislator reasoning: the case of domestic violence

ABSTRACT Metaphors are crucial in politics, conveying complex information in simple terms. Research in political science often focuses on how elites strategically use metaphors to frame issues and how citizens rely on them to reason about unfamiliar topics. However, what happens when legislators face novel problems they must attend promptly yet lack profound knowledge about? How do they reason about such issues? Building on research concerning how scientists employ metaphors (constitutive metaphors) to develop scientific theories, this paper contends that legislators can turn to metaphors when grappling with unfamiliar legislative issues. Constitutive metaphors give legislators the terminology needed to adapt their understanding of such issues. By creating a ‘theory’ of the problem, constitutive metaphors influence where legislators believe intervention is needed, ultimately shaping their policy decisions. However, metaphors inherently oversimplify, emphasizing certain aspects while ignoring others. The paper illustrates this argument using the first congressional debates in the U.S. on domestic violence legislation (1977–1978). It demonstrates how the epidemic metaphor emerged and guided policymakers, transforming their approach from victim-focused initiatives to a criminal justice perspective. Revealing the impact of constitutive metaphors on legislative reasoning offers valuable insights into unexpected dynamics within the policymaking process, including unexpected transformations in issue framing.

Romanian jurisprudence on cybercrime: focus on illegal access to an information system

AbstractThe Budapest Convention on Cybercrime and Directive 2013/40/EU are central in tackling cybercrime, yet they are starting to be left behind by the technological advancements and new modus operandi. This article tackles the offence of illegal access to an information system under Romanian criminal law, emphasising ongoing debates and legal controversies in Romania, mirroring wider issues in cybercrime legislation. The article delves into the meanings of ‘access’, ‘information system’, and ‘without right’ as they are interpreted with reference to the existing legal framework on cybercrime, exploring how these concepts influence the scope of the offence. Romania is a relevant case study because the Budapest Convention on Cybercrime and Directive 2013/40/EU were transposed almost verbatim into national law. Thus, the issues raised in this article are relevant in many jurisdictions across Europe.

An interview with Pennsylvania State representative Tarik Khan, PhD, FNP-BC.

Nurse practitioners (NPs) take on diverse and essential roles. In an exclusive interview, Representative Tarik Khan, PhD, FNP-BC, highlights the impact NPs can have in the political arena. Transitioning from an NP to a legislator in Pennsylvania, Dr. Khan's journey reflects his commitment to health care reform, driven by hospital closures, lack of patient care access, and the COVID-19 pandemic. Elected in 2022, Dr. Khan leverages his health care background to address a wide range of legislative issues, passing significant bills. He advocates for NPs to engage politically, emphasizing their unique perspective and problem-solving skills. Dr. Khan's story underscores the transformative potential of NPs in shaping public policy and advancing systemic change.

A Framework for Implementation of Telemedicine

While there is wide implementation of telemedicine in developed economies, other countries lag behind. However, for more than a decade, some of these countries have recognized the potential benefits of information and communication technology (ICT) in the delivery of health care. There is an urgent need for an understanding of telemedicine implementation issues affecting various nations, as Telemedicine systems innovations and implementation initiatives are still in their early stages, albeit with a lot of struggles in these countries. The purpose of this study is to develop a framework for implementation of Telemedicine systems. The study considered both qualitative and quantitative data that was collected from hospitals in three counties within Kenya, and then finally, a framework for the implementation of telemedicine was proposed. The study provides some key insights into the implementation of Telemedicine systems in public hospitals and, to some extent, in private hospitals in Developing Countries. Having contextualized the implementation of telemedicine, the study concluded from the findings that Telemedicine implementation is an all-encompassing process that is predicated on policy and legislation issues, organizational issues, social and technological factors, and as such, for successful implementation, careful consideration of all these is fundamental

Analysis of communication media in emergency warning visuals; Indonesia Regional Election Bill: Theory and Understanding

This study examines the role of communication media, particularly in the dissemination of emergency content with a blue Garuda backdrop related to the Regional Election Bill (RUU Pilkada) in Indonesia. The primary focus of this research is to understand how communication, especially through social media, is utilized to mobilize users and generate public opinion communication. Using a qualitative approach, the study analyzes visual demonstration content spread through social media and applies theories of human communication and mediated communication to user perception and political engagement. The findings indicate that social media has become an extremely effective political communication tool, allowing information to spread rapidly and reach a broad audience. Emergency warning visuals shared on social media platforms are effective in capturing public attention, triggering mass mobilization, and stimulating political discussions across different segments of society. The study concludes that social media plays a crucial role in shaping public opinion and encouraging political participation concerning legislative issues such as the RUU Pilkada. The results highlight the importance of understanding communication from media communication perspectives for maintaining healthy and productive communication practices.

Building a pathway to stability: strategies for overcoming the Architect's registration crisis in Nigeria

The Architect's registration crisis in Nigeria for eight straight years (2015–2023) has significantly impacted the architectural profession, creating a pressing need for effective solutions to restore stability and ensure a sustainable future. This research investigated the challenges and consequences the crisis has caused the architectural profession in Nigeria and potential strategies for resolving the situation. The study relied on thirty-four (34) structured interviews with Provisionally Stage II registered architects and fully registered architects from different parts of Nigeria and a literature review involving a thorough analysis to identify key issues and challenges related to the Architect's registration crisis in Nigeria. Findings reveal the major factors contributing to the registration crisis include institutional issues, legislative and policy issues, power-mongering, and personality battles within professional associations and the regulatory body. Some of the proposed solutions involve strengthening accreditation standards and monitoring, addressing issues about the HND degree holders, advocating for fair registration practices, fostering collaboration and professionalism, overcoming internal issues and power struggles within professional associations and regulatory bodies, and the study proposed a framework for the registration of architects in different cadres. Ultimately, this research provided valuable insights for policymakers, professional bodies, and stakeholders. By identifying viable pathways to resolution, this study paves the way for a sustainable future for the architectural profession in Nigeria, ensuring its continued growth in the built environment.

Administrative agreements: unknown and conflicting issues of ukrainian legislation

Administrative agreements: unknown and conflicting issues of ukrainian legislation

Implementing genomic medicine in New Zealand

ABSTRACT Genomic sequencing is a transformative technology, and its integration and implementation in the practice of medicine requires systemwide change. Genomic technology is already influencing many areas of medicine: rare disease, reproductive health, cancer, pharmacogenetics and infectious disease. Ensuring genomic tests are available and are adopted in an effective and efficient way requires forethought and simultaneous change across multiple areas of health. Beyond the technical requirements of sequencing and bioinformatics capacity, planning will need to address data integration and interpretation, workforce capacity and capability, public acceptability, government engagement and ethical and legislative issues. To ensure all these considerations are managed, many states or nations have developed policy frameworks or strategies. Implementation science enables us to understand the factors that support adoption of new technologies. The lessons learnt from other jurisdictions who have implemented genomic medicine programmes clearly support the need for a coordinated whole of systems approach. New Zealand should heed these lessons. New Zealand needs a genomic medicine strategy.

Environmental reporting in public sector organizations: A review of literature for the future paths of research

AbstractThis article aims to determine a comprehensive resume of environmental reporting (ER) in the public sector recognizing its role in achieving the environmental sustainable development goals (SDGs). A structured literature review was conducted by content and bibliometric analysis as well as applying the analytical framework by Manes Rossi et al. (2020) to draft the state‐of‐the‐art of ER in public sector organizations and link them to the environmental SDG targets. The analysis develops insights and critical reflections on emerging research areas related to biodiversity disclosure, climate change, and carbon emission disclosure, including ER from a general perspective in the public sector and identifies future research paths that deserve in‐depth‐investigation. The originality of our study derives from the proposal of a set of renewed streams of research addressed to academics and practical communities as well as to decision‐makers and policymakers in taking urgent action to be compliant with emerging legislative issues and to be accountable toward stakeholders in preventing climate change and combating environmental impacts.

Contributions to the planning of argentine maritime spaces: The Northern Patagonian socioecological system as a case study

Argentina´s marine ecosystems provide numerous ecosystem services that support the development of different uses and activities, among which conflicts may arise. However, the implementation of Marine Spatial Planning (MSP) processes in Argentina is in its early stages. The objective of this study was to analyze a part of the Spatial Maritime Areas of Argentina (EEAr) from a socio-ecological systems perspective, considering areas of importance based on the ecosystem services they provide and conflicts arising from uses and activities. The goal was to generate zoning proposals for management. The DAPSI(W)R model was employed, enabling a comprehensive analysis of potential effects of human actions and natural events on the marine ecosystem under study. The results yielded a detailed diagnosis of the area, facilitating concrete proposals for interventions and zoning. The primary contribution of this work lies in adapting an innovative methodological proposal for marine spatial planning in the region, aiming to harmonize uses, reduce conflicts, and preserve biodiversity in maritime spaces. Additionally, it emphasizes the importance of considering marine ecosystems as socio-ecological systems, providing a holistic perspective that addresses not only environmental but also social and legislative issues.

Зарастание земель сельскохозяйственного назначения древесной растительностью: масштабы, причины, пути использования. Обзор

The article presents an overview of Russian and foreign papers on the subject of quantitative assessment of woody plants growth on abandoned agricultural lands and possible ways to utilize them. Particular attention is paid to analysing the causes for the abandonment of such lands and the legislation issues that limit the provision of such areas for commercial forest growing in Russia. According to various estimates, the area of abandoned agricultural land in the world varies from 150 to 472 million hectares, with 33 to 100 million hectares being in Russia. At the same time, there is a trend towards an increase in the area of such lands. The rate at which the area of abandoned agricultural lands is increasing is about 1% per year on average. It may vary over time and depend on the region. The main groups of factors that contribute to the agricultural lands falling into disuse are social, economic, environmental, landscape and historical. The most promising is the involvement of such lands in climate-smart forestry activities, especially for agroforestry. This is due to the multiplier effect from, on the one hand, obtaining forest goods, including bioenergy, and on the other hand, services, including the use in crop or livestock farming activities. Currently in Russia there is no legislative framework permitting commercial forest growing on agricultural lands, with the exception of planting shelterbelts and other protective structures, despite the active position of organizations and government structures involved, so its development proves to be a necessity.

Policies for aquifer thermal energy storage: international comparison, barriers and recommendations

AbstractAquifer thermal energy storage (ATES) represents a promising solution for heating and cooling, offering lower greenhouse gas emissions and primary energy consumption than conventional technologies. Despite these benefits and the widespread availability of suitable aquifers, ATES has yet to see widespread utilisation, with uptake highly concentrated in select countries (Netherlands, Belgium, Sweden and Denmark). Beyond technical and hydrogeological feasibility, appropriate national policies are paramount in driving ATES deployment. This study provides an international comparison of ATES policies, highlighting best practices and revealing where measures are missing. It sources insights from a survey of experts across academia, industry and governmental bodies in 30 countries, complemented by semi-structured expert interviews. The study reveals significant differences in the existence and strength of supportive policy environments between countries with different ATES market maturity. A mere 33% of all survey respondents stated that there are policies designed to support ATES utilisation in their respective countries, while the existence of laws and regulations governing ATES was confirmed by 56% of the respondents. The interviews provide details on creating supportive environments (e.g. through facilitators like pre-existing groundwater technology use and building energy efficiency standards) and further barriers to ATES deployment. Ten recommendations for ATES policies are derived to address the following areas: legislative and regulatory issues, raising public awareness, ATES’ role in local energy transitions, and social engagement. This work aims to steer global policy towards better harnessing the potential of ATES to decarbonise buildings. Graphical abstract

Geographical indications (GIs) protection in Pakistan: assessing the role of new legislation in sustainable development

ABSTRACT This study examines the potential of Pakistani Geographical Indication (GI) products and compares the old and new legal frameworks for GI protection. It also explores GI Laws in Asian countries and compares them with Pakistan’s newly enacted GI Law i.e. Geographical Indications (Registration and Protection) Act, 2020 (GIRPA’20). Additionally, this article explores challenges after Pakistan’s recent enactment of sui generis GI legislation. Based on an extensive review of the GI literature and policy documents, this qualitative study utilises secondary data to identify numerous potential GIs in Pakistan, collectively representing significant economic value. This study finds that inadequacies in the previous legal system, institutional weaknesses, and delays in enacting sui generis GI legislation caused considerable damage to Pakistani economy, including the usurpation of GIs, market losses, and declining exports among others. The new legislation addresses previous lacunas, providing greater protection to GIs and significantly contributing to Pakistan’s sustainable development. However, comparing Pakistan’s GI law with those of India, Malaysia, China, Indonesia, and Thailand reveals similarities and differences in terms of the registration process, scope of protection, legal framework, protection of traditional knowledge, and enforcement mechanisms. This study also discusses important post-GI legislation issues and proposes unique solutions for Pakistan’s sustainable development.

Гармонизация процедур реструктуризации в банкротстве: итоги Гаагской конференции по международному частному праву 2024 г.

From 5 to 8 March 2024, a meeting of the Council on General Affairs and Policy of the Hague Conference on Private International Law (HCCH) was held. The meeting was attended by 429 participants accredited by 74 states. The delegation of the Russian Federation included 6 representatives of various federal executive authorities, including the author of this article. One of the pressing issues considered by HCCH was the harmonization of international insolvency law. The main achievement in this direction was the cooperation of the Permanent Bureau of HCCH with Working Group V on Insolvency law of the United Nations Commission On International Trade Law (UNCITRAL) in matters of unification and harmonization of regulation of restructuring procedures, development of documents on issues of applicable legislation in proceedings on cases insolvency, as well as tracking and recovery of assets during insolvency proceedings. This article presents an analysis of the problems in this area that existed before the start of the HCCH’ meeting in 2024, as well as the progress and results of the discussion within HCCH on the unification and harmonization of insolvency restructuring procedures, taking into account its interaction with UNCITRAL Working Group V.

Navigating occupational safety and health challenges in sustainable infrastructure projects: a comprehensive review

Ensuring occupational safety and health (OSH) is paramount in infrastructure projects due to their inherently high-risk nature and the increased likelihood of accidents. Despite its importance, numerous obstacles impede the successful adoption of OSH measures in these settings. Addressing these challenges is key to not only implementing OSH protocols effectively but also to improving working conditions and managing other operational facets like quality and environmental concerns, ultimately resulting in better infrastructure developments. Adopting proactive OSH strategies is crucial for preventing significant accidents and fostering a safety culture within infrastructure projects. This review focuses on identifying the primary obstacles and barriers to effective OSH in infrastructure projects, laying the groundwork for improving safety performance in the sector. It highlights organizational and legislative issues as the foremost challenges due to their direct impact on safety culture, resource distribution, compliance, and accountability. Although factors related to environmental and safety practices are deemed less critical, they are nonetheless vital for comprehensive risk management and the promotion of a safe working environment. Tackling these issues is imperative for cultivating a strong safety culture and safeguarding the health of workers on infrastructure projects. It is also essential to acknowledge the distinct OSH challenges presented by different construction scenarios to devise customized safety measures and effectively reduce risks. This review emphasizes the necessity of recognizing the unique aspects of each construction project, addressing specific dangers, and meeting regulatory demands to achieve thorough safety management.

A regulatory framework for bottled water quality monitoring: A case of Emfuleni local municipality

BackgroundThe quality of drinking water has recently become of utmost concern to consumers worldwide, especially in areas where Water Service Authorities (WSAs) failed to provide safe water. To combat this challenge, government entities regulate water to ensure that safe water is provided. The Emfuleni Local Municipality (ELM) has experienced cases of water contamination by human excretion, whereby communities were affected. As a result, there was a sharp increase in bottled water (BW) use, which however gave rise to unregulated and counterfeit versions of popular brands. This situation poses threats to public health. AimThis study sought to determine the regulation of drinking water and to assess whether environmental health practitioners (EHPs) monitor the quality of water sources (BW and tap water) in ELM as outlined by the National Environmental Health Norms and Standards (NEHNS). SettingsThe study was conducted in the Emfuleni Local Municipality in South Africa. MethodsA quantitative cross-sectional study design was employed in this research. Fifteen online questionnaires using a Google Forms survey were distributed amongst all EHPs servicing ELM. Secondary data that included the Integrated Development Plan (IDP) and Service Delivery Budget Implentation Plan (SDBIP) for the 2017–2020 financial years were also evaluated, specifically for water quality monitoring (tap and bottled water). The dataset was analysed using the Statistical Package for the Social Sciences (SPSS) version 29. ResultsDue to complexity in the legislation and NEHNS in relation to Municipal Health Services (MHS), bottled water was not sampled at all. A number of EHPs were also not conversant with the regulations governing BW. Moreover, NEHNS consider bottled water as food, which does not fall under the MHS. ConclusionThere should be clarity in the legislation to ensure that bottled water monitoring is intensified to protect public health within the WSAs. ContributionThe findings of this study could assist policy-makers to make informed decisions on water quality monitoring, as well as clarify legislative issues on bottled water.

Legislation Issues on the Invasion of Alien Species Through Ballast Water in Ships

The issue of alien species invasion caused by ballast water from ships has been recognized by the Global Environmental Fund as one of the four major threats to the oceans. As a major maritime nation, China is also confronted with the same problem. This paper outlines the hazards of alien species invasion through ballast water and analyzes the current legislation status and shortcomings of ballast water in Chinese ships. It proposes legislative strategies, including clearly defining legislative purposes, enacting specialized laws, and establishing a coordinated regulatory system, aiming to provide assistance to legislation and practices in China regarding the invasion of alien species through ballast water.

National legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare)

The article, based on the study of doctrinal developments and the practice of states, reveals the issue of national legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare). The article highlights the position of the UN International Law Commission on the role of national legislation and state practice in implementing the obligation to extradite or prosecute; the practice of certain states (Finland, Estonia, Macedonia, Azerbaijan, Ukraine) regarding the legal establishment of the obligation to extradite or prosecute is considered; the measures that states should follow at the national level in order to effectively implement the principle of aut dedere aut judicare are defined.
 The article establishes that the determination of the legal nature and scope of the obligation aut dedere aut judicare is possible through the study of various types of sources in which this obligation is established (treaties, customs, international and national court decisions, national legislation of states). The obligation to extradite or prosecute has traditionally been established by international treaties of various types, the number of which is constantly increasing. The participation of many states in such international treaties (of a universal, regional or bilateral nature) is a reflection of the existing national practice of the states regarding the implementation of the principle of aut dedere aut judicare.
 It is substantiated that, along with treaties and customary (at least for the most serious international crimes) enshrining the principle of aut dedere aut judicare, national criminal law is an important source of the obligation to extradite or prosecute. The effective implementation of the principle of aut dedere aut judicare in each specific case will depend on the state’s fulfillment of both its international obligations and the implementation of the necessary measures (in particular, regarding the establishment of jurisdiction over offenders and criminal offenses) defined in national legislation with regard to extradition and prosecution.

Primary Results of Patients with Genitourinary Malignancies Presented at a Molecular Tumor Board

Introduction: Personalized medicine poses great opportunities and challenges. While the therapeutic landscape markedly expands, descriptions about status, clinical implementation and real-world benefits of precision oncology and molecular tumor boards (MTB) remain sparse, particularly in the field of genitourinary (GU) cancer. Hence, this study characterized urological MTB cases to better understand the potential role of MTB in uro-oncology. Methods: We analyzed patients with complete data sets being reviewed at an MTB from January 2019 to October 2022, focusing on results of molecular analysis and treatment recommendations. Results: We evaluated 102 patients with GU cancer with a mean patient age of 61.7 years. Prostate cancer (PCa) was the most frequent entity with 52.9% (54/102), followed by bladder cancer (18.6%, 19/102) and renal cell carcinoma (14.7%, 15/102). On average, case presentation at MTB took place 54.9 months after initial diagnosis and after 2.7 previous lines of therapy. During the study period, 49.0% (50/102) of patients deceased. Additional MTB-based treatment recommendations were achieved in a majority of 68.6% (70/102) of patients, with a recommendation for targeted therapy in 64.3% (45/70) of these patients. Only 6.7% (3/45) of patients – due to different reasons – received the recommended MTB-based therapy though, with 33% (1/3) of patients reaching disease control. Throughout the MTB study period, GU cancer case presentations and treatment recommendations increased, while the time interval between initial presentation and final therapy recommendation were decreasing over time. Conclusion: Presentation of uro-oncological patients at the MTB is a highly valuable measure for clinical decision-making. Prospectively, earlier presentation of patients at the MTB and changing legislative issues regarding comprehensive molecular testing and targeted treatment approval might further improve patients’ benefits from comprehensive molecular diagnostics.