Principles-based Framework Research Articles

472The Sanctions Principles-Based Regulation: A Blueprint for a New Approach for the EU Sanctions Policy (Part II)

Abstract Despite the tremendous number of studies devoted to the effectiveness of economic sanctions, the unprecedented number of sanctions applied and the recent European Union (EU) reforms on sanctions, sanctions effectiveness should be still a matter of debate. More than a year after Russia’s full-scale invasion of Ukraine, but G7-led sanctions have not materially hindered Russia’s war effort. This study intends to address this problem by focusing on how to make the use and application of EU sanctions against Russia more effective. In doing so, I argue that the main impediments to EU sanctions effectiveness are systemic in nature and inherent to the EU sanctions policy framework. The piecemeal changes of the EU sanctions regulatory framework undertaken so far have not solved these systemic flaws that undermine the effectiveness of EU sanctions. A fundamental revision of the entire system of the EU sanctions policy framework is needed. This study proposes implementing a comprehensive principles-based framework for EU sanctions policy, where harmonisation and the risk-based approach are its foundations, to make sanctions more effective. The proposed sanctions principles-based framework is broader in its scope than is currently the case; it covers a broader set of principles. The proposed frame includes all the stages of the sanctions process, is addressed to a broader number of actors and its foundations are developed. I recommend that this sanctions principles-based framework should be mandatory for use.

Construction and demolition waste management in the United Arab Emirates through the 3R principle

PurposeThis study reviews policies, green building regulations, key performance indicators (KPIs) and management methods related to construction and demolition waste (CDW) in the United Arab Emirates (UAE). It aims to develop a holistic framework based on the 3R (reduce, reuse and recycle) principles to assess the current status of circular economy (CE) deployment and identify key determinants for efficient CDW management.Design/methodology/approachA mixed-method approach was used, including desk-based searches, systematic literature reviews and searches of official government websites to review existing CDW management policies and methods in the UAE. Scholarly databases were reviewed to identify CDW management challenges from a 3R perspective. A conceptual CE framework based on the 3R principles was developed using the study's findings.FindingsThe study provides a comprehensive review of CDW management in the UAE, analyzing associated management challenges in the construction sector. It proposes a holistic 3R principles-based framework, emphasizing strategic steps in the building lifecycle, site waste management (SWM) plans, drivers for circular construction and systematic adoption guidelines for effective CE deployment to achieve sustainable CDW management in the UAE construction sector.Originality/valueThis study explores existing policies and challenges in CDW management in the UAE and offers a 3R principles-based framework for CE deployment in the construction sector. It provides valuable insights for manufacturers of recycled products and for integrating circularity into construction projects’ design and procurement processes.

The Sanctions Principles-Based Regulation: A Blueprint for a New Approach for the EU Sanctions Policy (Part I)

192 Despite the tremendous number of studies devoted to the effectiveness of economic sanctions, the unprecedented number of sanctions applied and the recent European Union (EU) reforms on sanctions, sanctions effectiveness should be still a matter of debate. More than a year after Russia’s full-scale invasion of Ukraine, but G7-led sanctions have not materially hindered Russia’s war effort. This study intends to address this problem by focusing on how to make the use and application of EU sanctions against Russia more effective. In doing so, I argue that the main impediments to EU sanctions effectiveness are systemic in nature and inherent to the EU sanctions policy framework. The piecemeal changes of the EU sanctions regulatory framework undertaken so far have not solved these systemic flaws that undermine the effectiveness of EU sanctions. A fundamental revision of the entire system of the EU sanctions policy framework is needed. This study proposes implementing a comprehensive principles-based framework for EU sanctions policy, where harmonisation and the risk-based approach are its foundations, to make sanctions more effective. The proposed sanctions principles-based framework is broader in its scope than is currently the case; it covers a broader set of principles. The proposed frame includes all the stages of the sanctions process, is addressed to a broader number of actors and its foundations are developed. I recommend that this sanctions principles-based framework should be mandatory for use. This is the first part of a two-part article. Part I of the article discusses the need for the revision of the regulatory approach to the EU sanctions policy to increase the effectiveness of sanctions. It includes the analysis of the EU sanctions as a foreign policy instrument and a comprehensive overview of the EU regulatory framework on sanctions as well as the analysis of imposition of the EU sanctions against Russia. Part I also discusses policy proposals for the effectiveness of the EU sanctions, such as harmonisation of the EU sanction policy and the application of a sanctions risk-based approach.

(Re)imagining purpose: A framework for sustainable nanotechnology innovation

To fully understand and predict the impact of nanotechnologies, a truly multidisciplinary approach is required. However, the practicalities relating to how innovation, commercialisation, risk assessment, informatics, and governance in nanotechnology should intersect remain somewhat of a black box. To begin to shed light on this intersection, we identify a need to place ‘purpose’ at the heart of the nanotechnology innovation ecosystem. There is a growing appetite for responsible, sustainable, and purposeful innovation from business, financiers, regulators, consumers, and other stakeholders – an appetite that we foresee will permeate all spheres of commercialisation, including that of nanotechnology. Ultimately, nanotechnologies will only have the ability to sustainably address the global challenges of the 21st century if they are developed and implemented with purpose, and in full consideration of their social and environmental impacts. We (re)define purpose as it relates to sustainable nanotechnology innovation, in an effort to create a more-broadly shared language that can bridge the diverse stakeholder needs and perspectives that are required to address these challenges. To enable innovation, standardisation, promote interdisciplinarity, increase transparency, and enhance regulatory and corporate accountability, we propose a four stage, principles-based framework for purposeful nanotechnology development. This framework offers a practical way forward for nanotechnology innovation, shedding light on how nano-impact can be approached by multidisciplinary teams and describing how interrelated systems and stakeholders can interact successfully to achieve shared goals.

The perpetual twilight of records: consentful recordkeeping as moral defence

In this article, we examine the significance of establishing participatory and consentful recordkeeping practice in the face of ubiquitous use of records beyond their original intent. Among such secondary uses is the decontextualisation of data as part of the 'industrialisation' of access and use of ‘historical’ records within current transactional contexts, together with a wide range of data sharing practices arising from contemporary data science paradigms. To situate the call to action for consentful recordkeeping practice, we begin the article by exploring how human ability to navigate through the perpetual twilight of records becomes increasingly murky when a wholesale approach to data collection and governance is applied by machine learning practitioners. We then re-frame some classical archival principles to align them with participatory approaches; specifically, by expanding the scope of Jenkinsonian ‘moral defence’ as an imperative for proactive engagement with the Archival Multiverse. We then describe a case study of consentful recordkeeping in practice, using the example of the AiLECS Lab’s newly developed collection acquisition and management system. This principles-based framework informs our practices for collecting and curating datasets for machine learning research and development and aims to privilege the ongoing consent of those represented in records to their use. In the context of this work, our core premise is that technologies designed to prevent exploitation of children should aim to avoid underlying data practices that are themselves exploitative (of children or adults).

True and Fair Override: Accounting Expert Opinions, Explanations from Behavioural Theories, and Discussions for Sustainability Accounting

This study focuses on true and fair view (TFV) and fair presentation (FP) in financial statements. It questions if attitudes towards the true and fair override (TFO) condition, included in European Union (EU) legislation and International Financial Reporting Standards (IFRS), is indicative of a principles-based approach or lip service to a concept that is rarely applied. We address this subject because we consider that there should be a consensus and harmonisation on TFV—that TFO has a vital role within the principles-based framework, and while the accounting standard development process should limit the application of the TFO concept, in practice, it is an important reporting option. TFV/TFO harmonisation also has an important role in sustainability accounting, to reveal company actions which are influenced by more than just the objective of complying with the standards. In the empirical part, accounting experts from 24 European countries were surveyed. Their responses suggest a lack of clarity around the distinction between TFV and FP and a reluctance to consider, in practice, the application of the TFO. Drawing on behavioural theories—ostrich effect and comfort theory—we find explanations and reasoning behind attitudes to these cornerstone concepts. Specifically, we try to explain behavioural attitudes to TFV/FP and TFO positions, which defend uncompromising compliance with standards.

Accounting Standard Precision, Corporate Governance, and Accounting Restatements

Prior research provides some evidence that strict corporate monitoring constrains financial misreporting. We examine whether the efficacy of various corporate monitoring mechanisms depends on the nature of accounting standards―rules-based standards (RBS) versus principles-based standards (PBS)―in place. We document that most features associated with tough monitoring by audit committees, boards, external auditors, and the Securities and Exchange Commission (SEC) are negatively associated with the likelihood of misstatements under RBS, but not misstatements under PBS. This evidence collectively suggests that most corporate gatekeepers likely fulfill their monitoring obligations primarily through ensuring better compliance with detailed standards when the applicable standards are more specific and leave less room for discretion. In contrast, our results imply that corporate monitors may fail to effectively constrain managerial opportunism when the standards are less specific and provide wider scope for discretion. We also find that misstatement duration decreases with strict monitoring under RBS, suggesting that timely detection is a channel through which corporate monitoring deters violations of RBS. Our core evidence is robust to using exogenous shocks to certain corporate monitoring functions mandated by the Sarbanes Oxley Act and stock exchanges. Relevant to the public policy discourse, our results lend some support that there is an institutional fit between the current corporate monitoring structure and rules-oriented accounting standards, while casting doubt on whether current corporate monitoring mechanisms would function effectively in the event that the U.S. financial reporting regime moves to a more principles-based framework.

A Prediction Model Framework for Cyber-Attacks to Precision Agriculture Technologies

ABSTRACTThere are two types of precision agriculture systems - those that have been hacked, and those that will be. Connectivity and information flow represent the two key enabling factors for successful operation of the digital farm. These factors also represent the highest vulnerability to cyber-attack to disrupt food production. We introduce a principles-based framework to assess cyber-attack vulnerabilities in the technology itself as well as in the environment to which it is adapted. This provides the elements needed to construct a precision agriculture system protected from cyber-attacks and appropriately matched to the complexity level of the technology in the field.

Choice-of-law rules for secured transactions: an interest-based and modern principles-based framework for assessment

This essay examines the law applicable to secured transactions. It addresses in particular the codification of the choice-of-law rules for secured transactions (STCOL rules). These rules address the laws applicable to the creation, perfection, priority, and enforcement of security interests (security rights) — a form of legislative or statutory depecage. It draws on the 2016 UNCITRAL Model Law on Secured Transactions (Model Law) as well as relevant North American law (Uniform Commercial Code Article 9 and the Canadian provincial Personal Property Security Acts). The STCOL rules lie at the heart of the emerged and emerging modern principles of secured transactions law (Modern Principles) for personal property (movable assets). These Modern Principles are reflected by the Model Law and North American law as well as by various other model laws, other secured transactions ‘reforms’ over recent years, and laws that are currently being considered by various States. While disagreements exist, debates continue, and strict harmonization is unlikely, there is little doubt that there has emerged a global consensus as to a set of general principles to which secured transactions law should adhere. The STCOL rules and their relationship to substantive legal doctrine remain somewhat underdeveloped and undertheorized. This essay seeks to remedy this situation. It situates the STCOL rules as fundamental components of secured transactions law and central to understanding the normative principles and factual assumptions underpinning that important body of law. Its principal contribution is to offer a framework for assessing the existing STCOL rules and for the codification of future rules. The framework is based on the interests of stakeholders that participate in or are affected by secured transactions and the Modern Principles. These stakeholders include third parties in general, assignors and assignees of security rights, third-party obligors on assigned assets (such as debtors on an assignor’s receivables), and the States that enact and whose interests are affected by STCOL rules. This framework also illuminates the factual bases for its application. But it can evaluated only through its application and analysis, which necessarily produces an assessment of STCOL rules and conclusions as to the appropriate rules. While the conclusions reached here may represent only a modest contribution to the literature, the more important offering is the framework for assessment itself — the identification of the questions to be asked and answered.

Guidelines for Teaching Cross-Cultural Clinical Ethics: Critiquing Ideology and Confronting Power in the Service of a Principles-Based Pedagogy

This paper presents a pedagogical framework for teaching cross-cultural clinical ethics. The approach, offered at the intersection of anthropology and bioethics, is innovative in that it takes on the "social sciences versus bioethics" debate that has been ongoing in North America for three decades. The argument is made that this debate is flawed on both sides and, moreover, that the application of cross-cultural thinking to clinical ethics requires using the tools of the social sciences (such as the critique of the universality of the Euro-American construct of "autonomy") within (rather than in opposition to) a principles-based framework for clinical ethics. This paper introduces the curriculum and provides guidelines for how to teach cross-cultural clinical ethics. The learning points that are introduced emphasize culture in its relation to power and underscore the importance of viewing both biomedicine and bioethics as culturally constructed.

Access to Sensitive Data: Satisfying Objectives Rather than Constraints

The argument for access to sensitive unit-level data produced within government is usually framed in terms of risk and the legal responsibility to maintain confidentiality. This article argues that the framing of the question may restrict the set of possibilities; a more effective perspective starts from the data owner’s principles and user needs. Within this principlesbased framework, the role of law changes: It becomes an ‘enabling technology’, helping to define the solution but playing no role in setting the objectives. This shift in perspective has a number of consequences. The perception of ‘costs’ and ‘benefits’ is reversed. Law and established practice are distinguished and appropriately placed within a cost-benefit framework. The subjectivity and uncertainty in risk assessments is made explicit. Overall, all other things being equal, the expectation is that a move towards objective-based planning increases data access and improves risk assessment. This alternative perspective also addresses the problem of the public-good nature of research outputs. It encourages the data owner to engage with users and build a case for data access taking account of the wider needs of society. The UK data access regime is used as the primary example of the arguments in this article

The Ethics of Health Information Technology in Oncology: Emerging Isssues from Both Local and Global Perspectives

Health information technology (HIT) is ever-increasing in complexity and has incrementally become a fundamental part of our everyday clinical lives. As HIT becomes more complex and commonplace, so do the questions it raises about stewardship and usage of data, along with the ethics of these applications. With the development of rapid-learning systems, such as ASCO's CancerLinQ, careful thought about the ethics and applications of these technologies is necessary. This article uses the principles-based framework of modern bioethics to examine evolving ethical issues that arise in the context of HIT and also discusses HIT's application in reducing cancer care disparities in the developing world. We recognize that this topic is quite broad, so here we provide an overview of the issues, rather than any definitive conclusions about a particular "correct path." Our hope is to stimulate discussion about this important topic, which will increasingly need to be addressed in the oncology community.

The Ethics of Health Information Technology in Oncology: Emerging Isssues from Both Local and Global Perspectives

Health information technology (HIT) is ever-increasing in complexity and has incrementally become a fundamental part of our everyday clinical lives. As HIT becomes more complex and commonplace, so do the questions it raises about stewardship and usage of data, along with the ethics of these applications. With the development of rapid-learning systems, such as ASCO's CancerLinQ, careful thought about the ethics and applications of these technologies is necessary. This article uses the principles-based framework of modern bioethics to examine evolving ethical issues that arise in the context of HIT and also discusses HIT's application in reducing cancer care disparities in the developing world. We recognize that this topic is quite broad, so here we provide an overview of the issues, rather than any definitive conclusions about a particular “correct path.” Our hope is to stimulate discussion about this important topic, which will increasingly need to be addressed in the oncology community.

Ethical dilemmas in dermatologic surgery

Dermatologic surgery presents a unique set of ethical dilemmas not frequently discussed within the medical literature. This contribution presents a few cases commonly encountered by dermatologic surgeons. The case-based discussion follows a principles-based framework for analysis and seeks to identify the central moral conflict and exemplify the development of sound reasoning for subsequent decision making through the consideration of multiple viewpoints and the weighing of potential consequences. Additional cases are provided in concise format to encourage further analysis and discourse on the distinct ethical dilemmas encountered within dermatologic surgery.

Principles of good care for long-term care facilities

The International Psychogeriatric Association Task Force on Mental Health Services in Long-Term Care Facilities aims to support and strengthen mental health services in the long-term care sector. The purpose of this paper is to identify broad principles that may underpin the drive towards meeting the mental health needs of residents of long-term care facilities and their families, as well as to enhance the overall delivery of residential care services. Principles of good care are extrapolated from an analysis of international consensus documents and existing guidelines and discussed in relation to the research and practice literature. Although the attention to principles is limited, this review reveals an emerging consensus that: (1) residential care should be situated within a continuum of services which are accessible on the basis of need; (2) there should be an explicit focus on quality of care in long-term care facilities; and (3) quality of life for the residents of these facilities should be a primary objective. We take a broad perspective on the challenges associated with actualizing each of these principles, taking into consideration key issues for families, facilities, systems and societies. Recommendations for practice, policy and advocacy to establish an internationally endorsed principles-based framework for the evolution and development of good mental health care within long-term care facilities are provided.

A framework for a post-2012 global climate agreement

Global greenhouse gas emissions are on a steeper growth trajectory than assumed in most scenarios that underlie current international policy discussions and negotiations. Effective global climate change mitigation action will require speed, depth and breadth well beyond any efforts seen to date, and will need to involve all major emitters, including developing countries (Garnaut et al., 2008). To achieve a comprehensive global agreement at or after the Copenhagen climate conference, a principles-based framework for mitigation is needed. Here we outline a system that adds up to a global solution, and that could be broadly acceptable. It involves internationally tradable emissions rights allocated across countries, with allocations moving over time to equal per capita allocations. Developing countries would receive increasing emissions entitlements, linked to their GDP growth, for a transitional period. Binding emissions targets would apply to all developed and high-income countries plus China from the outset.