Jurisdictional Levels Research Articles

Features of exercising control over economic concentration: the experience of Russia, France and USA

The relevance of the topic is due to the comprehensive development of digital technologies and the need for timely legal regulation of new phenomena of public life. Digitalization is not only rapidly penetrating all sectors of the economy, but is a trigger for the creation of qualitatively new economic relations. The digital transformation of the economy and markets, in addition to objective advantages, also carries negative consequences. Negative manifestations are possible in the monopolization of commodity markets. Antitrust laws are changing in line with the expansion of digital markets. The article identifies the main obstacles to regulating monopolies in the digital economy. The practice of antimonopoly regulation of digital platforms is considered. The tasks of adopting the fifth antimonopoly package as expanding the scope of the Federal Law On Protection of Competition are outlined. In addition, the concept of economic concentration is analyzed, as well as signs of restricting competition when considering transactions in its conditions. Particular attention is paid to differences in approaches to regulating the digital market in Russia, France and USA. A comparative analysis of the antimonopoly legislation of Russia, France and USA, types of economic concentration, regulations for control over concentrations at the level of different jurisdictions has been carried out. The phases of control over economic concentration, the powers of the antimonopoly authorities, the assessment of criminal encroachments on competition are considered in detail.

Poster Abstracts

Background: Health professionals have reported significant reductions in cancer referrals during the COVID-19 pandemic. As national real-time cancer incidence data were not available, Cancer Australia designed an approach to analysing Medicare Benefits Schedule (MBS) data to provide evidence on the impact of the pandemic on cancerrelated services in Australia. Methods: Over 500 MBS items for diagnostic and treatment procedures for the five highest incidence cancers were identified and categorised into analysis groups based on cancer type and/or similarities in type of service. Data for January to December 2020 were examined at national and jurisdictional levels, and compared to 2019 to account for normal seasonal variation. Analysis of expanded data to March 2021 for additional cancer types, age, sex, remoteness and socioeconomic status, is being undertaken. Results: There were notable reductions in services across all diagnostic and surgical procedure groups. Initial reductions were observed between March and April for diagnostic procedures and between April and May for surgical procedures. Some services showed an initial recovery in May, and some showed partial or full recovery by June and further recovery by September. For some procedure groups, analyses showed sustained reductions over the 12 months to December 2020. Similar patterns of change were observed across all Australian states and territories, with some variation by jurisdiction. While the number of cases of COVID-19 were greater during Victoria's second wave of the pandemic (July-September), the impact on service numbers was less significant, likely owing to more refined policy approaches to managing health system and workforce capacity. Conclusion: Reductions in cancer-related services may impact patient outcomes, including recurrence and survival. Understanding Editorialmaterial and organization ©2021 John Wiley & Sons Australia. Copyright of individual abstracts remains with the authors. the nature and extent of this impact, including data disaggregated by population groups, will help to determine an approach moving forward to address any poorer cancer outcomes resulting from the pandemic.

A Proactive Nursing Home Risk Stratification Model for Disaster Response: Lessons Learned from COVID-19 to Optimize Resource Allocation

A coordinated emergency management response to disaster management in nursing homes is desperately needed globally.During the most recent COVID-19 pandemic, aside from a few exemplary countries, most countries have struggled to protect their nursing home populations. Timely and appropriate allocation of resources to nursing homes during disaster response is a challenging yet crucial task to prevent morbidity and mortality of residents.The responsibility for the management of nursing homes during the pandemic was multifaceted, and responsibilities lay at the national, jurisdictional, and regional levels. Success in managing COVID-19 in nursing homes required all these levels to be aligned and supportive, ideally through management by an emergency response leadership team. However, globally there is a paucity of effective management strategies.This article uses the example of the COVID-19 pandemic to propose a risk stratification system to ensure timely and appropriate allocation of resources to nursing homes during disaster preparation and management. Nursing homes should be risk-stratified according to 4 domains: risk of intrusion, capability for outbreak containment, failure in organizational capability, and failure in the availability of community and health care supports. Risk stratification should also consider factors such as current levels of community transmission, if applicable, and geographic location of nursing homes and services.Early identification of nursing homes at risk for infectious disease, or disasters, and targeted allocation of resources might help reduce the number of outbreaks, lower the mortality, and preserve community supports such as acute hospital services. The next step is to debate this concept to validate the selected variables and then develop and pilot test a risk stratification tool for use.

Indicators keep progress honest: A call to track both the quantity and quality of protected areas

Indicators keep progress honest: A call to track both the quantity and quality of protected areas

Indigenous peoples’ human rights, self-determination and local governance – Part 1

This is the first of two articles exploring the international human rights framework as it relates to Indigenous peoples’ land rights and interests, with a focus on Australia. Over the past 30 years, the international community has increasingly recognised that special attention needs to be paid to the individual and collective rights of Indigenous peoples, as they are among the world’s most marginalised peoples. For a long time, the Indigenous peoples of the world have used the international human rights system to tackle discrimination and abuses of their rights, and the United Nations has increasingly become a place for them to voice their concerns.
 In Australia, there has been a long-running debate about the lack of recognition of the First Peoples in Australia’s Constitution. Aboriginal and Torres Strait Islander peoples are increasingly demanding that the full suite of international human rights norms and standards are applicable to their affairs and to dealings with them, including the UN Declaration on the Rights of Indigenous Peoples.
 This first article discusses the international human rights framework as it relates to the Indigenous peoples of Australia. The second article will take a closer look at how the land rights and interests of the Aboriginal and Torres Strait Islander peoples are being recognised at the national and state jurisdictional levels within Australia, with reference to recent comparable actions in Canada and New Zealand.

Managing borders during public health emergencies of international concern: a proposed typology of cross-border health measures

BackgroundThe near universal adoption of cross-border health measures during the COVID-19 pandemic worldwide has prompted significant debate about their effectiveness and compliance with international law. The number of measures used, and the range of measures applied, have far exceeded previous public health emergencies of international concern. However, efforts to advance research, policy and practice to support their effective use has been hindered by a lack of clear and consistent definition.ResultsBased on a review of existing datasets for cross-border health measures, such as the Oxford Coronavirus Government Response Tracker and World Health Organization Public Health and Social Measures, along with analysis of secondary and grey literature, we propose six categories to define measures more clearly and consistently – policy goal, type of movement (travel and trade), adopted by public or private sector, level of jurisdiction applied, stage of journey, and degree of restrictiveness. These categories are then brought together into a proposed typology that can support research with generalizable findings and comparative analyses across jurisdictions. Addressing the current gaps in evidence about travel measures, including how different jurisdictions apply such measures with varying effects, in turn, enhances the potential for evidence-informed decision-making based on fuller understanding of policy trade-offs and externalities. Finally, through the adoption of standardized terminology and creation of an agreed evidentiary base recognized across jurisdictions, the typology can support efforts to strengthen coordinated global responses to outbreaks and inform future efforts to revise the WHO International Health Regulations (2005).ConclusionsThe widespread use of cross-border health measures during the COVID-19 pandemic has prompted significant reflection on available evidence, previous practice and existing legal frameworks. The typology put forth in this paper aims to provide a starting point for strengthening research, policy and practice.

Inconsistent Adjudication – A Violation of the Right to Fair Trial Under the European Convention on Human Rights

The ECtHR does not review decisions of national courts of the States Parties to the European Convention. However, it has developed a pattern in its case law to find a violation of the Convention on the grounds that the fair hearing lacked if there was a case law inconsistency at the level of national jurisdiction. The ECtHR case law was settled in a Grand Chamber case against Turkey in 2011. To find a violation under Article 6 of the Convention the ECtHR requires two tests. Firstly, it must establish the existence of a profound and long-standing inconsistency in the domestic case law, and secondly, the ECtHR raises the issue of a mechanism aimed at removing the inconsistency. If the mechanism does not exist, or if it applied ineffectively, the ECtHR finds a violation of human rights. The author suggests the ECtHR should revisit its jurisprudence.

Poaching Threatens the Establishment of a Lynx Population, Highlighting the Need for a Centralized Judiciary Approach

Illegal hunting represents a major threat to the conservation of predators, but its impact remains difficult to assess as there are strong incentives to conceal this criminal activity. Attributing declines of carnivores to poaching is therefore an important conservation challenge. We present a case study of the Eurasian lynx (Lynx lynx) in the Swiss Alps (Valais) where the current distribution range is smaller than in the recent past and population density is by ≥80% lower than in the adjacent Swiss Prealps. We tested four hypotheses to explain this lower density: (1) a too low density of camera-traps deployed for lynx surveys in Valais compared to the Prealps (methodological artifact); (2) less favorable environmental conditions around the camera-trap sites; (3) lower densities of the main prey; and (4) poaching. We estimated lynx and ungulate densities and environmental conditions at trail camera sites and could clearly reject the first three hypotheses because: (1) the survey protocol was similarly effective; (2) environmental conditions around the trapping sites in Valais were even more favorable for lynx detection than in the Prealps; and (3) prey supply was even larger in Valais. Concerning hypothesis 4, we discovered a network of illegal lynx traps (neck snares) in the main immigration corridor into Valais from the thriving adjacent lynx population in the Prealps, suggesting intense local poaching. Our findings substantiate the suspicions of long-lasting lynx poaching as a threat to the establishment and survival of the Valais population. The fact that instances of poaching were publicly known since 1995 but remained unabated for at least two decades, until the first conviction occurred, questions the commitment of local authorities to address this case of wildlife crime. Our study demonstrates the need for inquiries about poaching of top predators to be carried out at the highest levels of jurisdiction to avoid any risk of collusion between law enforcement agents and poachers.

The COVID-19 pandemic led to a reduction in cancer services in Australia.

e18812 Background: Australian oncologists reported dramatic decreases in cancer referrals during the pandemic. As real time data were difficult to acquire, Cancer Australia used surrogate measures to infer where reductions in medical services occurred. We analysed data available through the Medicare Benefits Schedule (MBS), a list of the medical services and professional attendances subsidised by the Australian Government, for the five highest incidence cancers: breast, colorectal, lung, prostate, and skin cancers. Methods: We identified over 500 MBS item codes for diagnostic and treatment procedures for malignancies and pre-cancerous conditions. Item codes were categorised into analysis groups based on cancer type and/or similarities in type of service. Data were examined at national and jurisdictional levels for 2020 to determine reductions during the initial COVID-19 period and to monitor subsequent recovery. Data were compared to 2019 to account for normal seasonal variation. Results: Australia’s first wave of the pandemic ran from March to May, and a second wave in the state of Victoria alone ran from July to September 2020. We observed notable reductions across all diagnostic and surgical procedure groups examined, with initial reductions observed between March and April for diagnostic procedures, and a one-month delay for surgical procedures, between April and May. Some services showed an initial recovery in May, with many showing partial or full recovery by June. For some groups, analyses showed sustained reductions over the 12-month period. While COVID-19 case numbers were greater during the second wave, the impact on services was less pronounced, likely owing to more refined policy approaches to managing health system and workforce capacity. There was further recovery by September for some but not all services. Similar patterns of change were observed across all Australian states and territories, with some variation by jurisdiction. Conclusions: The pandemic has impacted the delivery of cancer care. Any potential delays in diagnoses and treatment due to these reductions in services may lead to more advanced cancer stage at diagnosis and poorer patient outcomes including recurrence and survival. Impact of COVID-19 on selected cancer services in Australia in 2020.[Table: see text]

Land Administration Maintenance: A Review of the Persistent Problem and Emerging Fit-for-Purpose Solutions

A contemporary review of land administration, from the perspective of systems maintenance, is provided. A special emphasis is placed on emerging fit-for-purpose land administration solutions. The research synthesis uses reputable sources from the contemporary era. Results show the challenges of maintaining land administration systems and the data held are long recognized. The 1970s–1980s gave the issue impetus as data and processes moved from paper-based and manual to digital and automated. The 1990s recognized concerns on maintenance, albeit as a secondary issue: system establishment was the primary concern. The 2000s placed more emphasis on more holistic sociotechnical systems but, again maintenance was supplementary. The fit-for-purpose era deliveres a vast range of new social and technological innovations; however, scaled and sustainable implementations still struggle with system maintenance. From the findings, a consolidated model for analyzing maintenance problems and solutions at jurisdictional level is developed. Maintenance of a land administration system can be understood by identifying the level of change, method for change, components to change, and options for what to change to. The United Nations-endorsed Framework for Effective Land Administration is then used to identify specific maintenance challenges and available solutions. It is suggested that due to the scope and size of what can be considered maintenance issues, there exists no single solution—instead the country should identify its persistant maintenance problems, and the most appropriate solution set from the suite of available options. Emerging solutions and challenges include ensuring interlinkage to maintenance of spatial planning, land valuation, and marine administration; exploiting survey data ‘back capture’ initiatives; supporting grassroots IT; and giving serious attention to cybersecurity concerns.

A detailed mapping of the food industry in the European single market: similarities and differences in market structure across countries and sectors

BackgroundFood environments are influenced by food industries (packaged food and non-alcoholic beverage manufacturers; supermarkets and quick service restaurants). An important source of this influence is the significant market power held by a limited number of food companies. Market structure analysis, as part of a broader market power research agenda, has received limited attention from the public health community. The aim of this study was to analyse similarities and differences in market structure across countries and industries in the European Single Market.MethodsThe companies with the largest market share at the national level for each industry were identified from Euromonitor sales data in 2017/18. The market structure was assessed by the following metrics: the number of global brand owners with ≥1% market share per country, the number of companies unique for one European Single Market member state, the most sold packaged food and non-alcoholic beverage categories, the number of quick-service restaurants and supermarkets per 1000 inhabitants and market concentration by means of the Herfindahl-Hirschman Index (HHI) and the four firm concentration ratio (CR4). CR4-values > 40% and HHI-values > 2000 indicate concentrated markets with limited competition.ResultsThe leading packaged food and non-alcoholic beverage manufacturers and the most sold food and beverage product categories were similar across countries in Europe. The observed levels of concentration were however different. Average CR4-values ranged from 21 to 72% among packaged food product markets and 60 to 76% for non-alcoholic beverage product markets. Average CR4-values for quick service restaurants and supermarkets were 50 and 60%, respectively. Across European countries the same leading quick-service restaurants were identified, while this was not the case for supermarkets.ConclusionsThis study forms an important basis to understand key aspects of market structure of the European food industry, observing clear differences between food industries and European Single Market member states. This has potential implications for the implementation of food environment policies at different levels of jurisdiction.

The local residential land use regulatory environment across U.S. housing markets: Evidence from a new Wharton index

We report results from a new survey of local residential land use regulatory regimes for nearly 2,500 primarily suburban communities across the United States. Key stylized facts are documented and compared to findings from a previous survey (Gyourko, Saiz, Summers, 2008). We are able to observe how the local regulatory environment has changed in over 800 communities in both samples. This represents the first consistent nationwide data documenting changes in residential land use regulation at the local jurisdictional level. Finally, we discuss how these changes can and should broaden the research questions for housing and urban economists investigating the local residential land use environment.

Monitoring Sustainability and Targeting Interventions: Indicators, Planetary Boundaries, Benefits and Costs

This article shows how sustainability indicators (SIs) which have proliferated, and downscaled planetary boundaries (DPBs) which have recently emerged, can be used to target remedial interventions. I offer an integrative analysis drawing upon the existing literature, challenging, clarifying, and amending it in some ways, and extending it with new insights. The exposition is couched in the example of pollution control, but the analysis also applies to resource management with only modest amendments. Key conclusions are summarized. (i) In a default case where damage is indifferent to location within the problem shed and transactions costs are trivial, minimizing abatement costs requires that all units face the same marginal price of emissions and can be implemented by price setting at the jurisdictional level or cap and trade in pollution reduction credits. Larger geographic scale tends to reduce the average cost of abatement, an argument for coordination at the problem-shed level. Deviations from the default policy may be appropriate for addressing large point sources and local hot spots where damage is concentrated. (ii) A framework winnowing the proliferation of SIs includes the following principles: for quantitative target setting, SIs should address sustainability in its long-term context; SIs should be measured in ratio scale, whereas ordinal-scale SIs are common; and SIs should be selected for their usefulness in mapping the relationships among emissions, ambient concentrations, and damage. (iii) Target setting requires science-based empirical relationships and social values to assess trade-offs between abatement and its opportunity costs and suggest upper limits on tolerable damage. (iv) PBs that address global public goods can usefully be downscaled to set abatement targets. The PBs are science based and, in their original form, propose replacing social values with imperatives: violating the PB will doom the planet, which is unacceptable given any plausible value system. Given that PB = ∑DPB over all jurisdictions, global trading of credits would minimize costs of honoring the PB. Trade among a willing subset of jurisdictions could minimize the costs of meeting its aggregate DPB. (v) In contrast to most SI approaches, a cost–benefit (CB) approach can deal with substitutability and complementarity among sustainability objectives and evaluate multi-component policies. Net benefits are maximized when the marginal cost of abatement equals the marginal benefit for all units in the problem shed. This can be attained by price setting at the jurisdictional level or trade in credits. (vi) A major advantage of the CB approach is its well-defined relationship to weak sustainability. However, its value measures over-weight the preferences of the well-off. Equity considerations suggest relief from strict CB criteria in the case of essentials such as human health and nutrition, and subsidization by rich countries of sustainability projects in low-income countries.

Stakeholder mapping in animal health surveillance: A comparative assessment of networks in intensive dairy cattle and extensive sheep production in Australia

The capacity to rapidly identify and respond to suspicion of animal disease is fundamental to protecting the integrity of the Australian livestock industry. An incursion of a nationally significant endemic, emerging or exotic animal disease could be disruptive and economically damaging for the industry, broader community and national economy. To counter this potential threat, a surveillance system that includes general and targeted activities exists at a jurisdictional and national level. Such a system requires a collaborative effort from all involved to work towards a common goal, reflecting the notion of shared responsibility. As in all systems, the animal health surveillance system can be enhanced or constrained by the relationships of the players involved. This study focusses on two livestock industries, dairy cattle and sheep, exploring the interrelationships between all stakeholders, and their role within the Australian animal health surveillance system. A stakeholder mapping exercise was undertaken, including a depiction of the perceived level of stakeholder interest and influence on producers’ animal health surveillance practices and/or the surveillance system. Results from these activities were expanded upon through interviews. The findings reveal complex networks and a system that is, at times, constrained by institutional and individual barriers such as communication between and within stakeholders, and uncertainty about the consequences of reporting a suspected emergency disease. Whilst these challenges have the potential to negatively impact the robustness of the animal disease surveillance system, the study also provides clear evidence of strong and effective relationships amongst many of the key individuals and organisations.

Commentary

Commentary

Demographic Characteristics of Persons Vaccinated During the First Month of the COVID-19 Vaccination Program - United States, December 14, 2020-January 14, 2021.

In December 2020, two COVID-19 vaccines (Pfizer-BioNTech and Moderna) were authorized for emergency use in the United States for the prevention of coronavirus disease 2019 (COVID-19).* Because of limited initial vaccine supply, the Advisory Committee on Immunization Practices (ACIP) prioritized vaccination of health care personnel† and residents and staff members of long-term care facilities (LTCF) during the first phase of the U.S. COVID-19 vaccination program (1). Both vaccines require 2 doses to complete the series. Data on vaccines administered during December 14, 2020-January 14, 2021, and reported to CDC by January 26, 2021, were analyzed to describe demographic characteristics, including sex, age, and race/ethnicity, of persons who received ≥1 dose of COVID-19 vaccine (i.e., initiated vaccination). During this period, 12,928,749 persons in the United States in 64 jurisdictions and five federal entities§ initiated COVID-19 vaccination. Data on sex were reported for 97.0%, age for 99.9%, and race/ethnicity for 51.9% of vaccine recipients. Among persons who received the first vaccine dose and had reported demographic data, 63.0% were women, 55.0% were aged ≥50 years, and 60.4% were non-Hispanic White (White). More complete reporting of race and ethnicity data at the provider and jurisdictional levels is critical to ensure rapid detection of and response to potential disparities in COVID-19 vaccination. As the U.S. COVID-19 vaccination program expands, public health officials should ensure that vaccine is administered efficiently and equitably within each successive vaccination priority category, especially among those at highest risk for infection and severe adverse health outcomes, many of whom are non-Hispanic Black (Black), non-Hispanic American Indian/Alaska Native (AI/AN), and Hispanic persons (2,3).

Patterns of wildfire risk in the United States from systematic operational risk assessments: how risk is characterised by land managers

Risk management is a significant part of federal wildland fire management in the USA because policy encourages the use of fire to maintain and restore ecosystems while protecting life and property. In this study, patterns of wildfire risk were explored from operational relative risk assessments (RRA) completed by land managers on 5087 wildfires from 2010 to 2017 in every geographic area of the USA. The RRA is the formal risk assessment used by land managers to develop strategies on emerging wildfires when concerns and issues related to wildfire management are in real-time. Only 38% of these wildfires were rated as high risk and 28% had high ratings for values at risk. Large regional variations were evident, with the West Coast regions selecting high risk and the South-west and Eastern regions selecting low risk. There were finer-scale influences on perceived risk when summarised on a jurisdictional level. Finally, risk summarised by USA agencies showed that the National Park Service and USDA Forest Service selected high risk less frequently compared with other agencies. By illuminating patterns of risk, this research intends to stimulate examination of the social, cultural, and physiographic factors influencing conceptions of risk.

Potential areas of combating the use of gene doping at the level of national jurisdictions

Potential areas of combating the use of gene doping at the level of national jurisdictions

ПРАВА ЖЕНЩИН В КОНТЕКСТЕ УНИВЕРСАЛЬНЫХ, РЕГИОНАЛЬНЫХ И НАЦИОНАЛЬНЫХ (РОССИЙСКИХ) СТАНДАРТОВ И МЕХАНИЗМОВ ЗАЩИТЫ ПРАВ ЧЕЛОВЕКА

Introduction: the article deals with women's rights in the context of universal, regional, and national standards of human rights. We discuss the concept and significance of human rights standards for the modern world, society and individual states; highlight their universal character both in terms of the parties involved and the territory they cover; perform the analysis of universal and regional human rights standards, including in terms of their correlation with the respective systems. The main focus of the paper is on the rights of women as a vulnerable category of persons at law, legal formalization and legal framework of these rights, typical violations and protection both at the level of national jurisdiction and in the main international mechanisms of rights protection. Purpose: to research women's rights in the context of universal, regional and national (Russian) standards and mechanisms of human rights protection. Methods: general scientific methods, special scientific methods, methods of legal science – formal legal, comparative legal methods. Results: we have studied the system of international (universal and regional) human rights standards, defined their characteristics, determined their significance. The paper describes the system of the women's rights legal formalization in the context of international standards, examines the problems connected with the enjoyment, securing and protection of these rights through the main mechanisms of human rights protection at various levels; analyzes the practice of the protection mechanisms application by the Office of the UN High Commissioner for Human Rights, the UN Committee on the Elimination of Discrimination against Women, the European Court of Human Rights, Russian courts. Conclusions: the main problems that accompany the exercise of women's rights are the use of violence and discrimination in labor relations. These issues demand special attention both at the level of the international community and in national legal systems, including that of Russia.

Comparing the Environmental Integrity of Emission Reductions from REDD Programs with Renewable Energy Projects

Reducing deforestation and forest degradation presents a climate-change mitigation opportunity that is critical to meeting the Paris Agreement goals, and to achieving reductions in the atmospheric concentrations of greenhouse gases (GHGs). Reducing Emissions from Deforestation and Forest Degradation (REDD) provides developing countries with results-based financial incentives for reducing deforestation and forest degradation through either non-market payments (payments without generation of carbon credits), or market-based mechanisms (carbon credits). REDD credits have been recently accepted to be used in offsetting programs (e.g., CORSIA) and are being considered under Article 6. However, various publications have questioned whether carbon credits from REDD should be accepted under market-based mechanisms, and have identified issues regarding their environmental integrity and their ability to offset emissions from other sectors. In recent years, REDD implementation has moved from the project level to the national or subnational (jurisdictional) level, and is addressing some of the concerns that have been raised for project-level interventions regarding the robustness of baselines and leakage, for example. In this paper we compare the environmental integrity of credits from REDD programs with that from on-grid renewable energy projects by examining aspects related to permanence, additionality, baselines, uncertainty, and leakage. We show that the environmental integrity of emission reductions sourced from REDD programs has unique strengths, and that those sourced from renewable energy projects have weaknesses of their own. Probably due to a lack of understanding of the respective weaknesses and strengths of these two sources of credits, the emission reductions from REDD programs have been historically questioned and subjected to a level of scrutiny that has not been made with emission reductions from other sectors, such as renewable energy projects. Recognizing the strengths and weaknesses of emission reductions from both types should help decision makers and carbon standards recognize the high quality of emission reductions from REDD programs, and rationalize the current requirements or restrictions imposed.