Public Law Research Articles

A POPULAÇÃO BRASILEIRA PRIVADA DE LIBERDADE E O ACESSO AOS SERVIÇOS DE ASSISTÊNCIA À SAÚDE

Objective: To identify in the literature how the population deprived of their liberty accesses health services, seeking to verify the health risks to which they are exposed. Methodology: integrative review, carried out in the Virtual Health Library (VHL); United States National Library of Medicine (PuBMED) databases using the descriptors prison system, public health and Brazilian penitentiary system. Results: seven publications made up the interpretative analysis, in which the lack of professionals and the very context of the prison system are challenges that directly affect the health of this population. The reality found within the prison system is worrying and deserves a more critical look when it comes to health care for this population. Conclusion: Even with the creation of public policies and laws aimed at the population deprived of their liberty, there are still many obstacles that hinder health care, such as the structural shortcomings of the SUS and the chaotic context of the prison system. There are many problems that limit health services and make them increasingly inefficient. In order to make progress in promoting health and guaranteeing their rights, it is essential to review the determinations and policies aimed at these people.

Global Comparative Law?

Abstract The Cambridge Handbook of Comparative Law, edited by Matthias Siems and Po Jen Yap, continues recent calls to expand the field of comparative law. By including authors drawn from all parts of the world, it presents ‘new perspectives’ on the field. This wide geographic remit proves successful as a way of moving beyond traditional ‘families’ and doctrinal topics. The contributors raise new themes for comparison, many related to public law and processes of change. But this, in turn, raises questions about the purposes of expanding the field. The volume largely concerns the laws and legal issues of modern states, and the authors do not venture far into history. Nor do they consider the alternatives offered by religious and traditional legal systems or forms of non-state ordering. I suggest that these subjects could productively expand the field even further, raising more theoretical questions about what law is and does.

Workplace health promotion interventions in EU-27 public administrations.

The objective of this article is to make an exploratory study about European public administrations (public administration, public agencies, public law entities, entities dependent on the public administration and public universities) in relation to workplace health promotion interventions. The sample was extracted from the ESENER-3 (Third European Survey of Enterprises on New and Emerging Risks) (EU-OSHA, 2019) and consists of 7,981 public entities from the EU-27 countries. Four WHPI have been studied: healthy nutrition interventions, sports activities after working hours, back exercises at work and prevention of addictions. This is an exploratory study. The sample was extracted from the ESENER-3 (Third European Survey of Enterprises on New and Emerging Risks) (EU-OSHA, 2019) and consists of 7,981 public entities from the EU-27 Public Administration. In total, 45,420 establishments were interviewed. Different patterns have been observed when implementing workplace health promotion interventions in the EU-27 public administration. The promotion of sports activities outside working hours is the one with the highest level of implementation in European public administration. On the other hand, the measure with the least implementation level is the promotion of healthy nutrition. The limitations of the study are that the studied items are nominal and comprise more than two categories, so it has not been possible to develop a correlation analysis. The EU-27 public administrations can see which workplace health promotion interventions need to be improved. Differences that may exist in the adopted workplace health promotion interventions by European public administrations have not yet been addressed in depth by the literature.

Challenges to the Implementation of the new public procurement law in municipal management: the case of Pontal do Paraná

Challenges to the Implementation of the new public procurement law in municipal management: the case of Pontal do Paraná

Global Disinformation Campaigns and International Law: Analyzing the Cases of Lisa and Confederation to Navigate the Complexities of Balancing Human Rights and National Security

In the digital age, global disinformation campaigns are becoming a fundamental challenge that accompanies almost every conflict in international relations. The widespread adoption and development of such operations, especially those utilizing generative artificial intelligence, is inevitable. The article defines disinformation and locates it in the grid of near concepts. The author presents the ongoing conflict between the conduct of international actors and human rights, considering disinformation from the perspective of its adverse effects seen in their direct and indirect dimensions – through the consequences of the need to protect the national security of the targeted actors. Possible classification of the conduct of disinformation campaigns within the framework of public international law is also described and evaluated.

Public International Law and Tax Law: A Fair and Equitable Nexus in International Taxation

This article, inspired by the authors’ participation in the research of the Tax Committee of the International Law Association, calls into question the appropriateness of the traditional definition of “tax nexus” and stresses the need to reconcile the existing rules with the principles of international law. It outlines possible avenues for establishing workable, fair and common criteria and rules for the definition of “tax nexus” that operate globally. The article focuses on the existing rules on international tax nexus, inter alia, residence and source, taking into account the principles of public international law, such as those related to tax sovereignty. It proposes the development of a new fair and equitable tax nexus to address the challenges of the globalized modern world, which can potentially draw from the practice in other areas of law, such as competition law. In such a global context, the goal is to verify whether and in which cases multiple criteria for nexus can be replaced with a single nexus based on the concept of the closest connection to a single jurisdiction.

“Can you ban the bees from the honey?”: exploring an integrated labour law and geographical indications approach for protecting the rights of forest-dwelling communities over non-timber forest produce

ABSTRACT In this article, we study the fragmented approach of two Indian statutes, namely, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (“FRA 2006”) and the Geographical Indications of Goods (Registration and Protection) Act 1999 (“GIA 1999”). The article critically examines the labour law approach under the FRA 2006 and intellectual property ownership under the GIA 1999 with a specific focus on the production and commercialization of non-timber forest produce. The analysis leads to an argument for an integrated approach that starts with recognizing the agency of the communities, followed by guaranteeing protections under the labour rights approach and integrated protection through GIs. The integrated approach would facilitate cooperative experiments that go beyond strict private and public law distinctions. This can offer sustainable livelihood opportunities for forest-dwelling communities.

Public pension contract minimalism

AbstractThe national pension debt and COVID crises have collided. Post‐pandemic economic decline has escalated existing financial strains on state and local pension plans, impacting workers and the public welfare. With unfunded obligations exceeding one trillion dollars, many of these plans are in jeopardy. But the movement to reform government pension contracts has yet to adopt an anchoring idea, leaving judicial decisions in disarray and policymakers without guidance about how to shore up troubled retirement systems. The crux of the problem is the many meanings of contract under state and US Contract Clauses that prevent pension reform. This Essay endorses a promising path forward—contract minimalism. “Contract minimalism” concentrates on the duration of government pension contracts. It posits that public and private employment law should be treated the same. Like its private law counterpart, public sector employment at‐will ought to consist of a daily contract interval. A contract‐a‐day concept entitles employers to change the plan prospectively, with employees receiving a proportionate share of benefits for work performed. Just as several agreements safeguard salaries for labor, they should also mirror the protection afforded to deferred benefits like pensions. Contract minimalism additionally puts public and private sector employers on the same legal footing as to the authority to change pension plan terms. Thus, it aligns public pension benefits with overlapping fields of law, placing them on a firm conceptual foundation. The minimalist approach also has the advantage over approaches that are insufficiently attentive to scarce government resources or employee old‐age security. By protecting pension benefits early and incrementally, it advances a middle path with fairer, more coherent results. In the present post‐pandemic era of hard choices, minimalism provides an equilibrium between the over‐ and under‐protection of pension benefits.

SME representation in chambers of commerce bodies – a model perspective

Background: The research analyzes the formal representation of micro, small, and medium-sized enterprises (SMEs) in the bodies of chambers of commerce in a model-based approach. Research purpose: Chambers of commerce are managed by their bodies (board, general assembly, etc.). Their composition is most often chosen by members in elections. It should reflect the structure of the associated enterprises – at least in terms of industry and size classes. The division of mandates affects the operational activity of the organization – including the content of positions developed in consultation processes and services provided to entrepreneurs. The aim of the study is to verify whether in the countries selected for analysis (representing different models of functioning of chambers of commerce) there are regulations securing the formal representation of SMEs in the bodies of chambers. And if they do exist, what form do they take? In addition to determining the actual situation, the advisability and possible way of regulating the SME parity in several model scenarios is analyzed. Methods: Using the deductive method and critical analysis, the study analyzes the statutes of chambers of commerce in selected countries and reviews sociological, economic and legal literature. Conclusions: The findings indicate that there are only a few examples of regulations protecting the representation of SMEs in chambers’ bodies. It was also found that the rules for representing different sized enterprises in the bodies and task groups of chambers of commerce are closely linked to the model of these organizations. In the Anglo-Saxon private law model, business owners primarily participate voluntarily in selected organizations. However, in countries with a single chamber per region, free choice of organization does not in fact exist. In the continental public law model, where membership is universal by operation of law, statutes focus primarily on mapping the structure of dominant industries in a region and usually omit other criteria. The sectoral model offers the greatest potential for balancing the representation of every size of industry and enterprise.

TAIWAN (ROC) MUST ROCK! WHY TAIWAN'S CASE MATTERS?

The author discusses the subjectivity of Taiwan in the article. It must be remember that Taiwan is unrecognized as a state according to international public law. First then, author describes the theories of state elements. She also briefly characterizes the division of power in Taiwan. Then, she points to the organization of the cybersecurity system and methods of combating disinformation as an example of the efficient functioning of Taiwan as a state.

Der Medizinische Dienst Eine sozialmedizinische Institution der Qualitätssicherung im Gesundheitssystem

As a corporation under public law, the federally established Medical Service (MD) is an organizationally and substantively independent socio-medical expert organization. It uses its expertise to support the health and nursing care insurance companies as well as their associations and other clients from the healthcare system nationwide in ensuring medical and nursing care within the social law solidarity community consisting of statutory health and social care insurance. In relation to the 12.000 employees, the specialist tasks are carried out by doctors (20.1 %), nursing staff (40.4 %) and members of other suitable professions in the healthcare sector (5.5 %). With a total of over 2.955.000 GKV assessments, 13.200 structural audits in hospitals, significantly more than 1.600 on-site quality controls in hospitals, almost 3.000.000 nursing assessments, almost 21.900 quality inspections in nursing facilities as well as committee work at state and federal level, the MD assumes a comprehensive constitutive-constitutional and quality-assuring expert care mandate. The social-medical service provided, which is committed to the general social law principles of quality, humanity and cost-effectiveness and is regulated by guidelines issued by the MD Bund and approved by the Federal Ministry of Health, is subject to standardized, nationwide quality assurance.

Zmiany umów w sprawie zamówień publicznych w świetle wyroku Trybunału Sprawiedliwości Unii Europejskiej z 7 grudnia 2023 r.

The article deals with a judgment that is important from the perspective of interpreting the public procurement law on contract modifications, namely, the judgment of the CJEU of 7 December 2023. The judgment draws attention to at least two incorrect practices. First, “unforeseeable” circumstances, the occurrence of which may justify a contract modification, are sometimes interpreted too broadly. Second, contract modifications that are not made “explicitly” (by an agreement or annex modifying the contract) are not treated as contract modifications within the meaning of the regulations. The conclusions resulting from the judgment are a relevant signal for the entire public procurement market, a signal whose identification by participants in the public procurement market is mandatory. The article takes a closer look at the motives of the CJEU, as well as the implications of the ruling for participants in the public procurement market and empirical research. According to the author’s research, the contract modification rationale for the occurrence of “unforeseeable” circumstances is often used as a justification for contract modification. However, research supports the thesis that there are numerous cases in which it may be questionable to apply the rationale allowing contract modification due to the occurrence of “unforeseeable” circumstances. The correct interpretation of the CJEU judgment in question is all the more important in view of the above (the author’s research) and in terms of the potential increase in the number of public contracts (associated with the use of European Funds). Modification of a contract covered by EU funding in a manner that is not in compliance with the law may result in a 25% adjustment of the funding received.

Longitudinal policy surveillance of state obesity legislation in California, 1999–2020

BackgroundObesity rates among children and adults continue to accelerate in the U.S., particularly among marginalized and low-income populations. Obesity prevention and reduction policies can significantly impact population health by improving environmental conditions and increasing access to health-promoting resources. Limited research has been conducted to examine state obesity policy change over time. The primary aim of this study is to examine legislative approaches used to prevent and reduce obesity in the state of California (U.S.).MethodsWe used quantitative policy surveillance methods to develop a state database of obesity-related legislation (bills, resolutions) introduced in California’s legislature between 1999 and 2020. Descriptive statistics were used to examine trends of introduced and enacted policy by legislative and policy characteristics. Chi-square tests were used to determine differences in characteristics between enacted and non-enacted legislation. Legislative session and policy characteristics found to be associated with enactment were used to predict adoption in a logistic regression.ResultsA total of 284 obesity-related bills and resolutions were introduced in California’s legislature between 1999 and 2020 with a peak of 43 in 2005–2006. On average, 25.8 bills and resolutions were introduced each 2-year legislative cycle. Findings indicate that (a) children and schools were the most frequently specified population and setting; (b) the most common policy topics were nutrition (45%) and physical activity (33%); and (c) only 15% of legislation mentioned race/ethnicity. Overall, 24.9% of bills were enacted compared to 82.1% of resolutions adopted. Legislation to raise awareness about obesity had 5.4 times the odds of being passed compared to other topics. Yet this difference was not statistically significant in a sensitivity analysis when we excluded resolutions.ConclusionsThis database can be leveraged to advance our knowledge of effective and equitable policy instruments to prevent and reduce obesity. Results reveal important policy elements that may impact legislative success, including policy topic, and contribute to a nascent evidence base for public health law research, legal epidemiology, and practice. Future work should investigate the role of policy effectiveness research and evidence on legislative policymaking.

Romanian water-cure resorts and the state before the Second World War: health, leisure and public-private partnership

ABSTRACT Romanian water-cure resorts were established in the mid-nineteenth century following the discovery of thermal waters. The Romanian state and prominent politicians sought to create modern spa resorts (like those established a century before in France and Germany) by allocating funds and implementing public policies and laws to develop bathing establishments for more people who suffered from different ailments. The local spa resorts could promote health tourism with active support from the state and public-private partnerships. Therefore, the two water-cure resorts analysed in this article, Băile Herculane and Băile Govora, with different histories and evolutions, designed modern medical treatments and leisure activities in the interwar period, encouraging wealthy people and people of modest income to spend a holiday and ‘take the cure’ (drinking and bathing) at these resorts.

THE NEXUS BETWEEN CORRUPTION AND RESOURCE THEFT: IMPLICATIONS FOR NATIONAL SECURITY IN RESOURCE-RICH NATIONS

The nexus between crude oil theft, corruption, and national security in Nigeria is complex and multifaceted. Oil theft directly impacts the nation's economy by reducing government revenue, which in turn limits the resources available for critical public services, including security and law enforcement. Corruption, by weakening governance and fostering impunity, compounds these security threats, allowing criminal networks to thrive This study investigates the intricate relationship between crude oil theft, corruption, and national security in Nigeria. The study utilised a longitudinal research design, examining secondary data from 2013 to 2023, including metrics such as oil theft, political corruption, violent events, and fatalities. Data from sources like the Armed Conflict Location & Event Data Project (ACLED), the National Oil Spill Detection and Response Agency (NOSDRA), and the World Bank's political corruption index were analysed using Poisson regression to assess the effects of oil theft and corruption on national security. Findings revealed that crude oil theft has a statistically significant positive relationship with violent events, while political corruption, represented by the political corruption index, shows a strong negative relationship with security, with an estimate of - 26.475. This could imply that corruption may sometimes act as a stabilising force whereby, in corrupt systems, those in power might suppress violence to maintain order and avoid public attention that could threaten their positions. However, political corruption has a substantial positive effect on fatalities, with an estimate of 19.589. This highlights that as corruption increases, fatalities rise significantly, pointing to the detrimental impact of corruption on state institutions and the rule of law. These findings also suggest that while crude oil theft directly contributes to insecurity, political corruption may reduce overt violence by maintaining fragile stability. Therefore, addressing these issues requires a nuanced approach. Policymakers must recognise that combating corruption and oil theft alone will not be sufficient to ensure national security; instead, strategies should tackle both issues simultaneously, understanding that reducing visible violence does not always eliminate the underlying causes of insecurity.

Legal protections for sexual and gender minority youth in foster care: A review of Preventing Sex Trafficking and Strengthening Families Act (Normalcy Standards)

The aim of this study was to investigate legal protections for sexual and gender minority (SGM) youth population who identify as lesbian, gay, bisexual, transgender, queer, intersex (LGBTQ+), or any nonheterosexual orientation, gender identity, or expression (SOGIE) within the context of the United States (US) publicly administered state child welfare foster care system through federal Public Law 113–183 (Preventing Sex Trafficking and Strengthening Families Act – Prudent Parenting for short). SGM youth are identified in foster care 2.5 times higher than their heterosexual peers and often report worse outcomes. There are some federal recommendations for SGM youth, but it does not include normalcy or other activities that are federally supported. A state-by-state analysis of legislation, policy, implementation policy and youth bill of rights was conducted. While there was significant variance across the USA, many states provided levels of support in their legislation, policy implementation and youth bill of rights that could assist SGM youth impact normalcy efforts. More research is needed to investigate if SGM youth in foster care experience protections in the states that have legal protections.

Parent input: shaping inclusive education for students with disabilities

Over the past 20 years, significant developments have occurred in Jordan to create more inclusive school settings. This is in part due to new national policies such as 2017 Public Law no. 20, Rights of Persons with Disabilities, and partly a result of international organizations’ support and funding. The collective efforts are dismantling historical attitudes and beliefs about disability, yet often, intellectual disabilities remain marginalised in schools and communities. The current study explores the perceptions of parents whose children are attending inclusive public schools. Data was collected through focus groups in three districts representing central, northern and southern Jordan as a part of a needs assessment for broader inclusion work in these districts. Past research reveals that parents in Jordan are often divided on their support of inclusive education, and the survey research results do not clearly explain this division. The data indicates that parents welcome the idea of their children attending inclusive schools while expressing concerns about bullying and isolation at the hands of the other students. This is compounded by a worry that teachers lack sufficient experience supporting students with disabilities. These findings align with international research with parents of youth with disabilities and have significance within Jordan, where inclusion continues to be at the forefront of the educational agenda. The implications for this research indicate that while inclusive education is more prominent and disability is more widely discussed, there are still traditional challenges to enactment.

Cases before Australian Courts concerning Questions of Public and Private International Law 2023

Cases before Australian Courts concerning Questions of Public and Private International Law 2023

Cases and Matters before International Courts and Tribunals concerning Questions of Public and Private International Law Involving Australia 2023

Cases and Matters before International Courts and Tribunals concerning Questions of Public and Private International Law Involving Australia 2023

9.Q. Round table: Strengthening public health law for public health professionals

Abstract Law is a tool that public health experts can use to improve population health. Generally, law offers a range of opportunities: it can encourage healthy and safe behaviours; it can change and shape the physical and social environments; influence the social determinants of health, as well as structure the public health system. Law can also compel or restrict, and legal systems can provide accountability and oversight. ‘Public health law’ stands at the intersection of public health and law, and offers a range of powerful tools for improving health (Burris et al, 2018). While public health law is an important field for public health professionals, there is a lack of knowledge about this field, and a lack of interaction between public health professionals and law professionals. There is also a need to understand the ways law might challenge public health goals. For example, law can be used to promote goals which do not improve public health, or public health concerns can be sidelined, and law can be a tool for challenging specific public health interventions. The focus of this roundtable will be on identifying and building necessary capacities for using law by public health professionals. End-goal is to identify new initiatives to consolidate and to strengthen public health law as an important field for public health professionals. To achieve these aims, we have set three practical steps for the roundtable to embark on: 1) strengthening collaboration; 2) identifying knowledge gaps and opportunities; and 3) starting new initiatives: 1) Strengthening the collaboration and building new partnerships: we bring together experts from law and public health to identify the gaps and opportunities when it comes to implementing law by public health professionals. The roundtable will foster new collaborations and partnerships between law and public health professionals. 2) Identifying gaps and opportunities: there is a need to identify deficiencies in health policy research and how to use scientific legal research methods to overcome these problems. Relatedly, to share experiences and best practices when it comes to teaching public health law. Opportunities include the transdisciplinary model and legal epidemiology; a focus on the commercial determinants; and applying a human rights lens. Panelists - in an interaction with the audience - will identify key opportunities and discuss ways to implement them. 3) Starting new initiatives: panelists will be asked to concretize existing initiatives and discuss with the audience how they can be integrated in the field, based on our new partnerships. New collaborations will be identified. This may vary from building a new network, applying for a joint research grant or for strengthening or complementing existing teaching modules. Altogether, this roundtable aims to strengthen our understanding of existing efforts and of the various ways in which public health expertise can be integrated in better law making. Key messages • Drafting of sound laws that improve health is a joint practice of various professionals, including legal and public health professionals. • We need to strengthen existing capacities and build new ones for using law by public health professionals. Speakers/Panelists Timo Clemens Maastricht University, Maastricht, Netherlands Regien Biesma UMC Utrecht, Utrecht, Netherlands Edward Kirton-Darling University of Bristol, Bristol, UK Scott Burris Temple University, Philadelphia, USA Dominique Mollet Joint Research Council EU, Ispra, Italy