Need For Specific Legislation Research Articles

Piercing the corporate veil in Mauritius: a comparative study with the United Kingdom

Purpose The purpose of this paper is to bring clarity to the concept of piercing the veil of incorporation in Mauritius. This will allow students, researchers, academics and practitioners to engage further in research on the topic of incorporation of companies. Design/methodology/approach To conduct the study, the doctrinal legal research approach will be used. The inquiry will examine the numerous laws and case laws that permit the lifting of the corporate veil, so exposing the agents of the corporation to accountability on both a criminal and civil level. A comparison of Mauritius and the UK legal systems will be conducted to assess the efficacy of the former. Findings There are significant loopholes in the legislative framework of Mauritius regarding various corporate offences that are highly encouraged because of the limited circumstances under which courts may lift the corporate veil. There is a need for specific legislation to be enacted by Parliament to address these specific offences. Inspiration should be drawn from the UK’s robust legislative framework on the matter. Originality/value Literature on the subject in Mauritius deals mostly with factual information on the doctrine of separate legal personality and the various exceptions under which the veil of incorporation may be lifted. However, there is a scarcity of research on the various fraudulent activities and their implications on the company that go unnoticed and unpunished because of loopholes in the legal framework. This paper attempts to fill this important gap.

Piercing the corporate veil in Mauritius: a comparative study with the United Kingdom

Purpose The purpose of this paper is to bring clarity to the concept of piercing the veil of incorporation in Mauritius. This will allow students, researchers, academics and practitioners to engage further in research on the topic of incorporation of companies. Design/methodology/approach To conduct the study, the doctrinal legal research approach will be used. The inquiry will examine the numerous laws and case laws that permit the lifting of the corporate veil, so exposing the agents of the corporation to accountability on both a criminal and civil level. A comparison of Mauritius and the UK legal systems will be conducted to assess the efficacy of the former. Findings There are significant loopholes in the legislative framework of Mauritius regarding various corporate offences that are highly encouraged because of the limited circumstances under which courts may lift the corporate veil. There is a need for specific legislation to be enacted by Parliament to address these specific offences. Inspiration should be drawn from the UK’s robust legislative framework on the matter. Originality/value Literature on the subject in Mauritius deals mostly with factual information on the doctrine of separate legal personality and the various exceptions under which the veil of incorporation may be lifted. However, there is a scarcity of research on the various fraudulent activities and their implications on the company that go unnoticed and unpunished because of loopholes in the legal framework. This paper attempts to fill this important gap.

Ethical and Legal Analysis of Artificial Intelligence Systems in Law Enforcement with a Study of Potential Human Rights Violations in Indonesia

This research examines the ethical and legal implications of deploying Artificial Intelligence (AI) systems in law enforcement, with a particular focus on potential human rights violations in Indonesia. Utilizing a normative analysis approach, the study evaluates existing ethical frameworks, legal principles, and human rights standards to assess the governance and implications of AI-driven policing. Key findings indicate significant ethical concerns, including bias, discrimination, lack of transparency, and privacy violations. The legal analysis reveals gaps in Indonesia’s regulatory framework, highlighting the need for specific legislation to address AI’s complexities. Human rights implications, such as threats to privacy, freedom of expression, and equality, are critically analyzed. Comparative case studies from other jurisdictions provide empirical insights and underscore the importance of robust ethical and legal frameworks. The research proposes several recommendations, including the establishment of clear ethical guidelines, strengthening legal frameworks, enhancing transparency and accountability, promoting public engagement, and conducting regular impact assessments to ensure responsible AI governance in law enforcement. This study aims to contribute to the development of ethical AI governance frameworks and inform policy recommendations for responsible AI deployment in law enforcement practices.

Schools' green restaurant assessment (S-GRASS): From validating an instrument to identifying sustainable practices in schools food services

School food services can potentially promote changes in the food system to make it healthier and more sustainable. They can dictate which foods to buy and how to acquire, produce, and distribute them, favoring the production of meals based on sustainable nutrition. The study aimed to obtain an instrument to identify sustainability practices in school food services, covering the five dimensions of sustainable nutrition. The preliminary instrument's version underwent content validation and semantic evaluation. Reliability was assessed by evaluating 23 school food services for interobserver reproducibility and 148 for internal consistency in the Federal District and the State of Mato Grosso (Brazil). The instrument was composed of 76 items divided into 3 sections (1. Water, energy, and gas supply; 2. Menu and food waste; 3. Reduction of waste, construction materials, chemicals, employees and social sustainability). The instrument showed excellent results in content validation, semantic evaluation, and interobserver reproducibility (ICC = 0.949) and reasonable results for internal consistency (KR-20 = 0.660). Evaluating public and private school food services, they showed low sustainability scores in the general instrument (26.93 ± 4.87) and in all 3 sections (1 = 9.97 ± 1.67; 2 = 9.16 ± 2.54; 3 = 7.80 ± 2.39). Section 3 was the one in which school food services performed the worst. Some practices seem consolidated, such as employee attitudes towards reducing water and energy use, recycling cooking oil, offering vegetables and fruits regularly and encouraging diners to reduce waste. Public and private school food services in the Federal District had better results than those in the State of Mato Grosso (31.86 ± 4.63 versus 25.35 ± 3.76). The instrument has strengths, considering its excellent results for content validation, semantic evaluation, and interobserver reproducibility. For internal consistency, the result is believed to reflect the recent topic within school food services. The low performance of school food services points to the need for specific legislation on sustainability, greater planning and investments at the management level, and the execution and recording of activities at the operational level.

Evaluation of E-waste Generation through G-PESTLE Analysis in the City of Zamboanga, Philippines: Basis for Management Strategies

Due to a growth in the production of electronic waste (e-waste), the Philippines, particularly Zamboanga City, a top-tier, highly urbanized city on the Zamboanga Peninsula, is coping with an e-waste problem. Understanding the outside forces influencing e-waste management is necessary for creating effective strategies. With the help of a G-PESTLE analysis (geographical, political, economic, social, technical, legal, and environmental) and recommendations for improvement, this study assessed the city's existing e-waste management situation. The study looks at possibilities and problems, then offers management tactics based on the results. The study employed a hybrid methodology. Using the G-PESTLE analysis framework, the external factors affecting the management of e-waste were looked into. This procedure included focus groups, key informant interviews, and literature studies. To direct the analysis process, a framework for the research design was established with particular questions. The findings and discussions highlight the need for specific legislation, educational initiatives, technology advancements, and monetary incentives to solve e-waste concerns successfully. This study aims to provide focused management plans and actions that will enhance Zamboanga City's sustainable lifestyles and decrease the harmful effects of e-waste on the environment. The research applications of this study include informing future e-waste management research and initiatives, assisting stakeholders and policymakers in creating efficient policies and programs, and enhancing e-waste management practices in Zamboanga City. The results offer insightful information and a basis for promoting sustainable development, minimizing environmental impact, and implementing effective e-waste management strategies.

Evaluation of Enterotoxins and Antimicrobial Resistance in Microorganisms Isolated from Raw Sheep Milk and Cheese: Ensuring the Microbiological Safety of These Products in Southern Brazil.

This study emphasizes the importance of monitoring the microbiological quality of animal products, such as raw sheep's milk and cheese, to ensure food safety. In Brazil, there is currently no legislation governing the quality of sheep's milk and its derivatives. Therefore, this study aimed to evaluate: (i) the hygienic-sanitary quality of raw sheep's milk and cheese produced in southern Brazil; (ii) the presence of enterotoxins and Staphylococcus spp. in these products; and (iii) the susceptibility of the isolated Staphylococcus spp. to antimicrobial drugs and the presence of resistance genes. A total of 35 samples of sheep's milk and cheese were examined. The microbiological quality and presence of enterotoxins were accessed using Petrifilm and VIDAS SET2 methods, respectively. Antimicrobial susceptibility tests were conducted using VITEK 2 equipment and the disc diffusion method. The presence of resistance genes tet(L), sul1, sul2, ermB, tetM, AAC(6)', tetW, and strA were evaluated through PCR. In total, 39 Staphylococcus spp. were obtained. The resistance genes tetM, ermB, strA, tetL, sul1, AAC(6)', and sul2 were detected in 82%, 59%, 36%, 28%, 23%, 3%, and 3% of isolates, respectively. The findings revealed that both raw sheep's milk and cheese contained Staphylococcus spp. that exhibited resistance to antimicrobial drugs and harbored resistance genes. These results underscore the immediate need for specific legislation in Brazil to regulate the production and sale of these products.

Environmental Impact Assessment Initiated to Mitigate Pollutions from Industries

Industrial pollution is a Buzzword of the present world. At the same time, there needs industrial development along with the mitigation of pollution, but in practice, industries are increasing with polluters although protection of pollution is lagging. The conservation of natural wealth is growing through various processes without thinking about the future. As an overpopulated country, a large number of industries have been contributing to enrich the economy of Bangladesh. In addition to there is no specific legal mechanism in the country to control industrial pollution which causes danger for the environment. The paper endeavors to find out the present legal instruments regarding environmental pollution caused by industries in Bangladesh, whether these are sufficient to prevent such pollution or not. Therefore, there is no specific legislation under IEL to mitigate industrial pollutions The research will contribute to the courtier's policymaking in the field of environmental protection, very few research has done in this area. As there is no specific legislation dealing with industrial pollutions, the Article tries to facilitate the need for specific legislation or mechanism on this matter by mentioning critics of existing legislations and found that, in absence of specific legislation the country is facing environmental threats every day. The data is analyzed with qualitative methods, both primary and secondary data is analyzed for the same. The research is done with doctrinal based analytical research.

Telemedicine in the era of COVID-19: The East and the West

Introduction: Telemedicine implies the application of clinical medicine by telephone, internet, or any other such networks for the purpose of consulting or performing various examinations or medical procedures. The present pandemic of COVID-19 is the ideal time to evolve telemedicine and increase its utilization for the well-being of humankind. Historical Background: Electrocardiogram transmission over telephone lines is the oldest record of telemedicine in the first half of the 20th century. Teleradiology commenced in India in 1996. The National Telemedicine Taskforce was set up by the Government of India, in 2005. The Arizona State Legislature established the Arizona Telemedicine Program in 1996. Medical devices to capture images were developed in the 1990s. Present Scenario in the East: Besides implementing various national-level projects, India has extended telemedicine services to South Asian and African countries. The Apollo Telemedicine Networking Foundation has grown to 115 centers, including 9 overseas. Recently, the Government of India has launched telemedicine solutions in the form of Social Endeavour for Health and Telemedicine and eSanjeevani. Comprehensive guidelines on telemedicine have also been issued during the COVID-19 pandemic. The Indian Navy is in the process of establishing teleconsultation centers on board several ships, submarines, remote locations, islands, and naval hospitals. Present Scenario in the West: Telestroke is the largest care provider for patients with stroke in the country. The field of dermatology is particularly suited for telemedicine. Telemedicine at sea is an integral part of rescue procedures. One of the fundamental components of medical assistance at sea is the Telemedical Maritime Assistance Service. Socioethical and Legal Considerations: Legal and regulatory measures will be a challenge with the rapidly spreading telemedicine network. Conflicting laws of different nations are some of the other legal issues in telemedicine. There exists an urgent need for specific legislation on telemedicine in India. In the USA, telemedicine covers various legal and regulatory issues at the state and federal levels. Limitations: Limited reimbursement or restrictions on reimbursement from insurance providers, quality of the patient–physician relationship, the quality of the examination, and the quality of care are a few barriers to telemedicine. The social limitation is probably the biggest limitation of telehealth. Conclusion: Despite several barriers, telehealth has shown remarkable growth during the COVID-19 pandemic. India with its large medical and IT manpower and expertise is emerging as a global leader in the field of telemedicine. The COVID-19 pandemic has made telemedicine more relevant than ever.

Avanços e preocupações sobre a nanotecnologia em alimentos para humanos e animais – uma revisão

Nanotechnology in food is relatively new compared to biomedical area and information technology industries. In this way, this science has aroused great interest in recent years mainly in developed countries, where industry has benefited from its use. Major uses include nanodispersions, nanocapsules, nanolaminates, nanofibers and nanotubes for food packaging, as well as nutritional utilization. In the animal area, the use of nanotechnology is present in vaccines, nutrition, genetics and medicines. However, potential risks must be considered, in addition to the need for specific legislation. Research on food nanotechnology is in progress, with nanoparticle-derived food products expected to be increasingly available to consumers and producers worldwide in the coming years. The present review aims to present the use of nanotechnology in the food industry, emphasizing the use of various nanomaterials for food packaging, as well as its nutritional application in animal diets, potential risks and existing legislation.

Microbiological and physical-chemical characteristics of honeys from the bee Melipona fasciculata produced in two regions of Brazil

ABSTRACT: The honey from Tiúba bees (Melipona fasciculata) is commercially important in the Brazilian state of Maranhão. However, the absence of any specific legislation for this kind of honey is an obstacle to its increased production and commercialization. Determining the microbiological and physical-chemical characteristics of different Tiúba honey can inform the elaboration of specific legislation. Thus, honey samples from two Water Catchment Areas in Maranhão (Munim and Pericumã, sample size 20 for each) were collected and submitted for microbiological analysis (total coliforms, thermotolerant coliforms, molds and yeasts, Clostridium sulfite reducers and Salmonella sp.) and physical-chemical analysis (moisture content, reducing and non-reducing sugars, insoluble and soluble solids, ash content, acidity and pH). Most of honeys sampled were suitable for human consumption, except for one sample from Pericumã. Honeys from the two water catchment areas presented differences in some physicochemical characteristics, which can be attributed to the botanic, soil and climatic diversity of the two areas. Still, these Tiúba honey samples did not fall within the Brazilian legislation for Apis mellifera honey for some of the physical-chemical characteristics, and so is not properly regulated, thus reinforcing the need for specific legislation for this type of honey.

Telemedicine and virtual consultation: The Indian perspective.

Telemedicine was considered futuristic and experimental some years ago, but it is a reality today. It is now emerging as an important tool for convenient as well as specialized healthcare, particularly for patients in remote locations with limited access to standardized healthcare services. However, there are multiple challenges to realizing its full potential. We focus on some key medicolegal and ethical issues such as doctor-patient relationship, informed consent, rights of the patient, malpractice, and principles of confidentiality relevant to the practice of telemedicine and virtual consultation. We explore the global as well as the Indian legal perspective pertaining to the application of telemedicine. The absence of specific laws for registration and practice of telemedicine and virtual consul-tation in India acts as a deterrent for medical practitioners to engage in its potential use. Hence, there is a need for specific legislation.

Creating Value Through Social Entrepreneurship

Social entrepreneurs have emerged as powerful social change agents who are self-motivated to initiate a balance in social uncertainty and provide rescue through innovative solutions. They attach themselves with the social cause, initiate campaigns and work on sustainable solutions for the victims of social problems. This paper attempts to understand the need, characteristics and role of social entrepreneurs in the process of creating value by remedying social issue. An analysis of two leading cases is attempted to accomplish this task. The analysis reveals that social entrepreneurs play a major role in social transformation to provide creative workable solution. Their contribution is complementary to the effort of the Governments, NGO’s, International institutions, etc. The possibility of collaborations or partnerships can be explored to modify and replicate solutions across the globe. The government also needs to address the need for specific legislation to erect an organisational structure and ensure regular audits.

Learning disability and the Scottish Mental Health Act

PurposeThe purpose of this paper is to investigate the use of the Mental Health (Care and Treatment) (Scotland) Act 2003 for people with learning disabilities in Scotland, in the context of the recent commitment by the Scottish Government to review the place of learning disability (LD) within the Act.Design/methodology/approachAll current compulsory treatment orders (CTO) including LD as a type of mental disorder were identified and reviewed. Data was collected on duration and type of detention (hospital or community based) for all orders. For those with additional mental illness and/or personality disorder, diagnoses were recorded. For those with LD only, symptoms, severity of LD and treatment were recorded.FindingsIn total, 11 per cent of CTOs included LD as a type of mental disorder. The majority of these also included mental illness. The duration of detention for people with LD only was almost double that for those without LD. A variety of mental illness diagnoses were represented, psychotic disorders being the most common (54 per cent). Treatment was broad and multidisciplinary. In all, 87 per cent of people with LD only were prescribed psychotropic medication authorised by CTO.Originality/valueThere has been limited research on the use of mental health legislation for people with learning disabilities. This project aids understanding of current practice and will be of interest to readers both in Scotland and further afield. It will inform the review of LD as a type of mental disorder under Scottish mental health law, including consideration of the need for specific legislation.

Freedom of Press and the Digital Media in the Nigerian Democracy: The Need for a Legal Framework

The emergence of internet/digital media in Nigeria has expanded the scope of journalism in Nigeria, so much so that every Tom, Dick, and Harry professes to be "an online journalist," even when the information published is not verified. This has occassioned the rife of incessant uncouth publications on the social media, which could pose a threat to Nigerian democracy. Hence, the need for specific legislation on digital media.

The EU Approach to Regulating Nanotechnology

The European Union's (EU) nanotechnology strategy aims chiefly to catch up the lag behind the US and Asia. The health risks posed by the commercial use of nanomaterials have recently come onto the European Commission's agenda. The Commission has not so far seen a need for specific legislation to govern nanotechnologies - a view not shared by either Parliament or the European trade union movement. The European Trade Union Confederation wants the EU to bring the Community legislative framework into line with the precautionary principle. Nanotechnologies may be an economic opportunity that the EU cannot ignore, but their unregulated development is causing growing concern among trade unions due to the health risks posed by certain types of nanomaterials. In this publication, ETUI researcher Aida Ponce combines a detailed survey of European policy in the area with an exploration of the ethical and social issues surrounding nanotechnologies.

Inseminação artificial e anonimato do doador

Através desse trabalho, objetiva-se abordar o tema de doação de gametas e do anonimato envolvendo este ato na reprodução medicamente assistida. Analisando rapidamente o caráter técnico da doação e seleção dos gametas e a necessidade de uma legislação específica sobre o assunto nos diferentes países do mundo que adotaram esse método, diante da pluralidade social existente. Consideram-se os aspectos éticos e legais vigentes no Brasil ditados pela Resolução do Conselho Federal de Medicina n° 1.358/93 que determina as condutas dos médicos brasileiros e define, dentre outros aspectos, o da doação e do anonimato, envolvendo o aspecto autonomia. A necessidade de proteção dos sujeitos através do termo de consentimento informado ou de recusa informada, permitindo garantir a informação e esclarecimento necessário ao casal que decide submeter-se aos planos de reprodução medicamente assistida assim como ao doador que, por sua vez, também deve dar garantias escritas quanto à espontaneidade e à alienação dos direitos sobre os gametas à instituição que se torna a responsável por estes. Tudo isso, aliado à veracidade e confidencialidade, compõe os elementos fundamentais para a manutenção do anonimato entre o doador e o receptor. Anonimato este, ainda muito discutido pelos estudiosos de diversas áreas e países.

Experimental study of indoor air quality, energy saving and analysis of ventilation norms in climatised areas

Currents trends in indoor air quality involve prevention as well as the need for specific legislation (norms) to protect people’s health and to achieve greater levels of comfort. It is currently one of the most important areas of study [5,6,10]. The existence of different indoor air quality norms and standards depending on the country involved has made it difficult to determine when these standards really ensure low levels of indoor pollutants. The requirements of the future European ventilation norm (prENV 1752) make a detailed study on the energy implications of the problem essential. This work represents an original study in this field, where the results obtained from a series of practical indoor air quality and ventilation measurements are explored. These results have been obtained using photoacoustic spectroscopy (PAS) and the trace gas (sulphur hexafluoride) technique in a series of Spanish office buildings with varying climatisation systems. The results obtained in ventilation flows as well as an analysis for comparison purposes with data on Spanish, American (ASHRAE 62R) and European norms (prENV 1752) are presented. The conclusions which may be drawn are also offered. Finally, the work shows a ventilation flow which achieves high environmental indoor air quality in offices while at the same time offering compatibility with high energy saving.

The Law of Geothermal Resources: ABSTRACT

The legal principles that will govern exploration for and utilization of resources are in their early development. Analogies with oil and gas laws and with mining laws are helpful, but novel characteristics of resources will require answers in addition to those found in these existing bodies of law. Private land owners have encouraged ventures by signing geothermal with operating companies. These are patterned after oil and gas leases with added provisions to deal with minerals in solution and other problems unique to resources. The lease seems to be working, and to date the only commercial ventures in this country are on privately owned lands taken under such leases. Existing federal law does not provide adequately for development of resources on the federal public domain. The need for specific legislation is recognized by both government and industry, but there is no agreement on the form this legislation should take. Pending the enactment of legislation, the Interior Department in 1967 made a controversial executive withdrawal of 1,051,000 acres of land having potential value for resources. State leasing laws have been enacted in California and New Mexico. The active exploration and development in California will help set important patterns for development of resources on publicly owned lands. The operator's obligations and liabilities are only partly defined by existing laws and regulations. Are exploration and production extrahazardous activities which will make operators strictly liable for damages, or is a negligence standard applicable? These are but two of many questions yet to be answered. End_of_Article - Last_Page 565------------