Rigorous Enforcement Research Articles

Northern Reclamation in Canada: Contemporary Policy and Practice for New and Legacy Mines

Abstract: This article discusses the factors shaping contemporary reclamation regimes in the Yukon, the Northwest Territories, Nunavut, northern Labrador, and Nunavik in northern Quebec. It distils policy documents, laws, research reports, and newspaper articles for a clear overview of current policy and practice in the North and shows that no overarching vision informs reclamation planning. Instead of direction from Ottawa, responsibility for policy-making now largely sits with provincial, territorial, and regional governments along with local land and water boards. Efforts to mitigate the impacts of new and legacy mines are complicated by the highly site- and case- specific nature of reclamation; the lack of a clear, ambitious technical and regulatory definition of reclamation; and the jurisdictional overlap and governance issues associated with cleanup. Addressing these wider policy challenges in the North is crucial to meet the expansive, expensive demands of mine reclamation. As well, remediation efforts that draw on traditional knowledge and encourage local involvement can mitigate and manage some of the worst impacts of northern resource development. Policy reform such as strengthened regulations and more rigorous government enforcement will help facilitate this. However, reclamation can also exacerbate inequality and environmental problems. Effective reclamation demands more than a particular technological fix or planning strategy; it involves a candid discussion of the goals and limitations of reclamation projects, both past and present. This article has been summarized in an accessible up-to-date poster and will be of interest to concerned parties grappling with a plethora of reclamation regulatory bodies and programs.

일본의 기록관리 제도 개혁에 관한 연구 - 공문서관리위원회의 활동과 국립공문서관의 확충 노력을 중심으로 -

The purpose of this study is to examine the driving forces and main contents of the reform of the records and archives management system in Japan from the 2009 enactment of the Public Records and Archives Management Act. The key essentials of the reform can be explained in two ways. First is through the legal system, a multilayer structure of the law and guidelines to the institutional documents management regulations for an effective application to each administrative institution. The other is the Public Records and Archives Management Commission, a deliberative body that guarantees the rigorous application and enforcement of the rules and regulations. One of the remarkable outcomes from the reform is the compulsory creation of minutes of the countermeasure meetings in government agencies related to the Great East Japan Earthquake Disaster, as well as the various significant cabinet meetings through a revision of the Guidelines for Public Administrative Records Management. In addition, the new construction of the National Archives of Japan and its meaning have been examined. It is being pushed ahead, with the active support of the ruling party members, through activities such as research and review meetings for improving the functions and facilities of the National Archives of Japan.

Linking Mitigation and Adaptation in Carbon Forestry Projects: Evidence from Belize

Summary Committed action to deal with climate change requires reducing greenhouse gas emissions, i.e., mitigation, as well as dealing with its ensuing consequences, i.e., adaptation. To date, most policies and projects have promoted mitigation and adaptation separately, and they have very rarely considered integrating these two objectives. In this article, we develop a multi-dimensional framework to explore the extent to which climate mitigation forestry projects bring adaptation concerns into their design and implementation phases, using three Belizean projects as case-study material. We demonstrate that linking mitigation and adaptation has not been possible, because the mandate of forest carbon markets does not incorporate adaptation concerns. The projects’ contribution to forest ecosystems’ adaptation, for instance, by reducing human encroachments and by increasing ecosystem connectivity, has been limited. The projects’ contribution to improve local livelihoods has also been limited, and projects have even been contested by neighboring communities on the grounds of tenure conflicts and food security concerns. Furthermore, the projects’ mitigation potential is constrained by their poor additionality and lack of rigorous enforcement. We then conclude that the integration of mitigation and adaptation in Belize’s carbon forestry projects remains a laudable but elusive goal. Consequently, we request climate change donors to refrain from providing support to narrowly designed projects and we urge them instead to promote more holistic and territorial-based approaches targeting both mitigation and adaptation goals.

Correlates and Barriers Associated with Motorcycle Helmet Use in Wa, Ghana

Objective: This study was conducted to investigate the correlates and barriers to helmet use among motorcycle riders in Wa, a motorcycle-predominant town in Ghana. An additional objective was to determine the association between helmet use and riders' knowledge, attitudes, and beliefs toward helmets.Methods: Cross-sectional surveys including both observation of helmet use and interviews were conducted among motorcycle riders at 6 randomly selected fuel stations and 4 motorcycle service centers within and outside the Central Business District of Wa. Questions covered riders' sociodemographic and riding characteristics, helmet use, reasons for use or nonuse of helmets, and knowledge, attitudes, and beliefs about helmets. Analyses were based on frequencies and testing of strength of association using adjusted odds ratios (with 95% confidence intervals) in binary logistic regression.Results: The prevalence of helmet use among the 271 sampled riders was 46% (95% confidence interval [CI], 40.2–52.0). Gender, age, marital status, and occupation were significant sociodemographic correlates of helmet use in Wa. Compared to currently married riders, unmarried riders were 5 times less likely to use a helmet. No significant association existed between riders' educational attainment and helmet use. Helmet use was also positively correlated with helmet ownership and license holding. The leading reasons stated for helmet nonuse among nonusers were not traveling a long distance and helmets block vision and hearing. Protection from injury, legal requirement, and coping with the police for fear of being accosted for helmet nonuse were identified as common reasons for helmet use. Positive attitudes and beliefs were also significantly correlated with helmet use.Conclusions: Despite the existence of a legislation mandating the use of helmets on all roads as well as the high level of awareness among riders on this legislation and the benefits of helmets, the incidence of helmet use among motorists continue to be low in Wa, Ghana. This means that efforts to identify strategies to increase helmet use need to continue. The evidence provided by this study suggests that stakeholders in road safety need to put in interventions to ensure a rigorous enforcement of the helmet use legislation and improvement in helmet design. These should be combined with the development of targeted educational programs with the aim of changing unfavorable attitudes and beliefs toward helmet use.

Managed fuelwood harvesting for energy, income and conservation: An opportunity for Bhutan

Fuelwood is the primary energy source for most Bhutanese and comprises 70% of national energy consumption. Nevertheless, forest cover and fuelwood supplies have increased in recent decades. The Government of Bhutan is committed to renewable energy development, reduced fossil fuel use, and sustainable forest management, but has not developed its wood biomass potential. We suggest that promoting research and policies to increase managed fuelwood harvesting could help meet national energy independence, rural income and employment, forest management and biodiversity conservation objectives. Managed fuelwood harvesting will require site-specific assessments of resource availability, local needs and market demands, and rigorous monitoring and enforcement.

Evidence on Contagion in Earnings Management

In this paper, we examine the importance of contagion in earnings management, proxied by 2,376 earnings restatements announced during the years 1997-2008. Controlling for industry and firm-level characteristics, we find that firms are more likely to begin managing earnings after the public announcement of a restatement by another firm in their industry or in their geographical neighborhood. Such contagion in earnings management is absent when the restating firm is subject to SEC enforcement or a class action lawsuit, pointing to the deterrent effects of enforcement activity. Contagion among peers is observed in the same account as the one restated by the target firm. Moreover, contagion is more likely to occur when (i) larger and hence more visible target firms restate; or (ii) when the target firm’s restatement is less severe; (iii) when the target firm’s restatement is prominently disclosed via a press release. Contagion in earnings management stops during the years 2003-2005, possibly due to the rigorous enforcement associated with developments surrounding the Sarbanes-Oxley (SOX) Act. However, it reappears in the 2006-2008 period presumably because the sting of SOX related enforcement has worn off. Our results are unlikely to be attributable to (i) industry wide payoffs to earnings management; or (ii) mechanical time trends in earnings management. Our findings suggest that a peer firm’s decision to manage earnings is not made in isolation. Rather, the decision seems to incorporate the nature of the restatement, the target firm announcing the restatement and the reaction of the regulators and litigators to the target firm’s announcement.

EFL Oral Communication Teaching Practices: A Close Look at University Teachers and A2 Students’ Perspectives in Thailand and a Critical Eye from Serbia

This paper aimed to reexamine current EFL oral communication teaching practices from the perspectives of teachers and A2 students at two universities, namely Prince of Songkla University (PSU), Thailand and University of Novi Sad (UNS), Serbia. The main objectives were: (1) to analyze current practices from the perspectives of teachers and students, (2) to identify real problems encountered by teachers and students attempting to embrace Communicative Language Teaching (CLT) to improve oral English communication, and (3) propose practical solutions for classroom practices to improve the majority of students’ oral proficiency from the elementary level. The findings were that oral English communication classes at PSU continue to embrace CLT and that the majority of Thai A2 students were frequently engaged in group activities rather than in individual and teacher-centered tasks. There was reliance on unrealistic, scripted role plays. Unlike the Serbian students, Thai students apparently needed to acquire more independent skills, become less passive learners, and interact more spontaneously in the target language. Other problems at PSU included mixed ability classes. Recommendations are placement tests, choices of more advanced elective courses, rigorous enforcement of upper enrollment limit, a balance between group and individual communicative tasks, and replacement of scripted with non-scripted role plays.

Can child support compliance be improved by the introduction of a ‘fairer’ child support formula and more rigorous enforcement? The recent Australian experience

Child support compliance continues to be a thorny policy issue. In Australia, major changes to the Child Support Scheme were introduced between 2006 and 2008, featuring a markedly different and purportedly ‘fairer’ system for the calculation of child support. Extra resources were also provided to the Child Support Agency (CSA) to ensure that child support is paid in full and on time. Did these initiatives lead to greater compliance by payers with their child support obligations? This article explores this question by examining child support compliance among several national random samples of CSA clients just prior to, 1 year after, and 3 years after, the introduction of a new child support formula on 1 July 2008. The new formula and strengthened enforcement regime appear to have had very little impact on compliance behaviour in Australia.

Horse impoundments under Control of Horses legislation in the Munster region of Ireland: factors affecting euthanasia

Recently, considerable international attention has been paid to the problem of unwanted horses. In Ireland, stray horses, particularly in urban areas, are a further problem. The Control of Horses Act...

Enhanced Economic Governance in the EU: Alternative to a Political Union?

Abstract In reaction to the sharp deterioration of fiscal positions and a sovereign debt crisis in the majority of EU member states, EU leaders have been strengthening the EU economic governance framework, in particular for the eurozone member states. This has been reflected mainly through a reinforcement of the Stability and Growth Pact (SGP) within the so-called six-pack and through the recent adoption of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG). The objective of this paper is to present the main decisions taken to address intensifying problems in the EU and assess them from the point of view of stability of the eurozone. The paper argues that the recent adoption of the six-pack and of the TSCG has created a legal basis for more effective governance structure that is much stronger than previously, and closer fscal coordination among EU member states in order to ensure public fnance sustainability. The practical results will depend, however, on the political willingness of countries to accept the new rules and rigorous enforcement of those rules. Most of the new solutions continue the previous approach: stricter preventive and punishing rules, and their more rigorous application. TSCG has adopted a new element: parallel to EU rules, there should be enhanced national rules (possibly in the form of constitutional commitments) and national institutions responsible for fscal discipline. This approach implies that international rules are not strong enough for sovereign countries, which agree to be subject to democratically elected national authorities but do not want to follow decisions by “outside” institutions. In addition, reverse voting in the Council encourages for more pragmatic, economically justifed use of the modifed SGP. In view of a lack of political will to move forward into a political union, this seems the only realistic approach to ensure fscal stabilization and keep the eurozone alive in the short and medium run. Two main research methods have been applied: (a) Statistical analysis of data on changes of the public fnances in the EU member states (budgetary defcit and public debt), (b) comparative analysis of successive EU documents on strengthening economic governance and identifcation of strong and weak aspects of the new documents from the point of view of stability of the eurozone. The main conclusion is that in a situation of a lack of political will to move forward into a political union, the only realistic approach to ensure fscal stabilization and keep the eurozone alive in the short and medium term seems to be to enforce rigorously the recently adopted new commitments aiming at better fscal control of euro area members.

Eloquent (In)action: Enforcement and Prosecutorial Restraint in the Transnational Trade in Human Eggs As Deep Ambivalence about the Law

This article approaches a piece of Canadian criminal legislation by analyzing the law’s extraterritorial effect and putting the law’s practical import within a mobile and global context—and from that perspective concludes that the domestic law is practically and morally impoverished. The law in question is section 7 of the Assisted Human Reproduction Act (AHRA), which criminally prohibits the purchase, offer to purchase, and advertising for purchase of gametes from a donor or from a person acting on behalf of a donor. While large swathes of the AHRA were held to violate the division of powers in a 2010 Supreme Court reference, section 7 remains standing as valid federal legislation, though effectively almost never enforced. Some scholars, notably Francoise Baylis and Jocelyn Downie, urge more rigorous enforcement both within Canada and extraterritorially, drawing on common law principles that stretch the long law of Canadian penal statutes across national borders. Sara Cohen and Susan Drummond argue that not only is the extraterritorial reach of the Canadian executive drastically shorter than Baylis and Downie might wish, a growing and elite transnational reproductive traffic has outpaced and undermined the moral legitimacy of the law domestically. They argue that any well-founded policy aspirations behind section 7 are far more likely to be met with the repeal of section 7 in favour of an administrative regime for the regulation of reproductive technologies. The result would be less hypocritical and more democratic.

Maritime Labour Convention

The Maritime Labour Convention (Convention) is a global legal instrument developed by the International Labour Organization (ILO) in Geneva. It was drafted with a view to completing the international regulatory regime for quality shipping as the “fourth pillar,” standing next to the International Convention for the Prevention of Pollution from Ships,the International Convention for the Safety of Life at Sea, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers. Its two fundamental aims are to ensure comprehensive and worldwide protection of the rights of seafarers, and in doing so, to also allow a level playing field for states and ship owners committed to providing decent working and living conditions for seafarers by protecting them from unfair competition on the part of substandard ships. To this end, the establishment of firm rules that can be flexibly implemented by state parties, while at the same time providing rigorous compliance and enforcement procedures to safeguard their integrity and efficiency, are important aspects underlying the Convention.

Article Commentary: On the Persistence of Low Power in Psychological Science

Article Commentary: On the Persistence of Low Power in Psychological Science

An Analysis of the Market Abuse Prohibition Enforcement in the United States of America

The United States of America (the US) has developed one of the most progressive and effective anti-market abuse enforcement frameworks in recent years. For example, at a federal level, its anti-market abuse enforcement framework involves self-regulatory organisations as well as private actions that enhance compliance with the law and facilitate the levying of sanctions against offenders. Put differently, rigorous enforcement is the key component of the US’s market abuse regulation that makes it unique from similar regulation in other countries. Consequently, the US’s anti-market abuse enforcement approaches have influenced the regulation of market abuse in a number of countries, including South Africa. Given this background, the detection, prosecution and enforcement measures adopted in the US will be briefly discussed and, where applicable, contrasted with similar enforcement methods in South Africa in order to recommend possible anti-market abuse enforcement measures that could be employed to increase the curbing of market abuse activities in South Africa. This is done by, first, examining the role of the United States Securities and Exchange Commission (the SEC) in relation to the enforcement of the market abuse prohibition in the US. Secondly, the role of the Department of Justice and the courts in relation to the enforcement of the market abuse ban in the US will be analysed. Lastly, a similar analysis in respect of other selected self-regulatory organisations will be undertaken. DOI: 10.5901/mjss.2014.v5n7p188

Mitigating pesticide pollution in China requires law enforcement, farmer training, and technological innovation.

To feed an ever-growing population, it is necessary to take all measures to increase crop yields, including the use of pesticides. It has long been a difficult task to boost agricultural production and simultaneously minimize the impact of pesticide application on the environment, particularly in China, a developing country with more than 1.3 billion people. China has recently become the world's leading producer and consumer of pesticides, with production and consumption reaching 265 tons and 179 tons, respectively, in 2011, and a national average pesticide application dosage of more than 14 kg/ha. The large quantities of pesticides applied in agricultural fields have resulted in serious environmental deterioration. Organochlorine pesticides, such as dichloro-diphenyl-trichloroethane and hexachlorohexane, have become ubiquitous in the environment of China, with spatial distributions in soils and aquatic systems similar to their historic application patterns in different geographic regions: southeast > central > northwest. Pollution by current-use pesticides, for example, organophosphates and pyrethroids, has also been of great concern. To mitigate pesticide pollution in China, a significant reduction in pesticide inputs into the environment is mandatory. This can be accomplished only with joint efforts by the government, professionals, and citizens in combination with rigorous enforcement of laws and regulations, training of farmers in pesticide knowledge and environmental awareness, and technological innovation for producing low-risk pesticides and developing efficient application approaches. Restoring contaminated sites is also an urgent task. Finally, food security and environmental pollution are not problems for a sole country, and international cooperation and communication are necessary.

Occupational exposure to second hand smoke and respiratory and sensory symptoms: A cross-sectional survey of hospital workers in Egypt

Exposure to Second Hand Smoke (SHS) has been associated with an increased risk of respiratory symptoms, upper and lower respiratory tract diseases and an increased risk of asthma and chronic obstructive pulmonary disease. The majority of cases of mortality and morbidity is attributable to exposure of adults to SHS and is related to cardiovascular diseases and lung cancer. In Egypt, comprehensive smoke-free laws exist, however, in many workplaces they are poorly enforced consequently exposing workers to the detrimental health hazards of SHS. We aimed at determination of workplace exposure to Second Hand Smoke (SHS) and its association with respiratory and sensory irritation symptoms in hospital workers in Port-said governorate in Egypt. A cross-sectional face to face survey was conducted by the use of a standardised questionnaire among 415 adult hospital workers; representing 50% of all employees (81% response rate); recruited from 4 randomly selected general hospitals in Port-said governorate in Egypt. All hospitals employees reported exposure to SHS - on average 1.5 (SD = 2.5) hours of exposure per day. After controlling for potential confounders, exposure to SHS at work was significantly associated with an increased risk of wheezes (OR = 1.14, p < 0.01), shortness of breath (OR = 1.17, p < 0.01), phlegm (OR = 1.23, p < 0.01), running and irritated nose (OR = 1.14, p < 0.01) as well as a sore, scratchy throat (OR = 1.23). These findings point out that workplace exposure to SHS is evident in hospitals in Port-said governorate and that workers are adversely affected by exposure to it at work. This underlines the importance of rigorous enforcement of smoke-free policies to protect the workers' health in Egypt.

A cross-sectional observational study of helmet use among motorcyclists in Wa, Ghana

Motorcyclists’ injuries and fatalities are a major public health concern in many developing countries including Ghana. This study therefore aimed to investigate the prevalence of helmet use among motorcyclists in Wa, Ghana. The method used involved a cross-sectional roadside observation at 12 randomly selected sites within and outside the CBD of Wa. A total of 14,467 motorcyclists made up of 11,360 riders and 3107 pillion riders were observed during the study period. Most observed riders (86.5%) and pillion riders (61.7%) were males. The overall prevalence of helmet use among the observed motorcyclists was 36.9% (95% CI: 36.1–37.7). Helmet use for riders was 45.8% (95% CI: 44.8–46.7) whilst that for pillion riders was 3.7% (95 CI: 3.0–4.4). Based on logistic regression analysis, higher helmet wearing rates were found to be significantly associated with female gender, weekdays, morning periods and at locations within the CBD. Riders at locations outside the CBD were about 7 times less likely to wear a helmet than riders within the CBD (48.9% compared to 42.3%; χ2(1)=49.526; p<0.001). The study concluded that despite the existence of a national helmet legislation that mandates the use of helmets by both riders and pillion riders on all roads in Ghana, helmet use is generally low in Wa. This suggests that all stakeholders in road safety should jointly intensify education on helmet use and pursue rigorous enforcement on all road types especially at locations outside the CBD to improve helmet use in Wa.

Cybersecurity at the Local Government Level: Balancing Demands for Transparency and Privacy Rights

ABSTRACT:Cybersecurity demands are forcing public officials across the globe to focus on two core values that often conflict—transparency (the public good) and privacy (citizen and private sector confidentiality). An e-survey of Florida county government officials measures how cross-pressured they are, identifies the types of information about individuals and government employees that are the most difficult to protect, examines the interest groups (public, private, and nonprofit) that act as watchdogs, and delineates the actions administrators see as critical to promoting balance. The results show intense cross-pressures and greater difficulty in protecting citizens’ bioinformation, medical records, and financial data than in securing employee information. Information technology professionals and their associations are the most active in tracking privacy protection. The media and citizen activists monitor transparency the closest. More funding, personnel, equipment, and training, better software, more rigorous enforcement, and clearer standards and procedures are needed to balance privacy protection and transparency in cybersecurity policy making.

Exposure to anti- and pro-tobacco advertising, promotions or sponsorships: Turkey, 2008

In 2008, Turkey became one of 26 countries with a complete ban on all forms of direct and indirect tobacco marketing. We assessed the level of exposure to anti- and pro-cigarette advertising and to cigarette promotions and sponsorships among various demographic groups in Turkey. We used the data from the Global Adult Tobacco Survey (GATS), conducted in November 2008 in Turkey. The data consist of answers to GATS questions by 9030 respondents from a nationally representative, multistage probability sample of adults 15 years of age or older. To find differences in exposure to the advertising by sex, age, education level and smoking status, we analyzed responses to GATS questions about cigarette advertisements and anti-cigarette smoking information in various forms and through various advertising channels, during the 30 days before the survey, using bivariate analysis. Overall, 13.3% of respondents aged 15 years or older noticed some type of cigarette marketing during the 30 days before the survey: 7.1% saw advertisements, 5.3% saw promotions and 3.3% saw sports sponsorships. Men were more likely than women to have seen cigarette promotions (7.8% versus 3.0%) and sports sponsorships (5.3% versus 1.4%). Respondents aged 15-24 years were more likely than those aged 25 years or older to have seen cigarette advertisements (10.2% versus 6.2%), promotions (8.7% versus 4.4%) and sponsorships (6.6% versus 2.3%), respectively. Respondents were most likely to have seen cigarette advertisements on television (3.4%) or in shops (2.7%). In addition, 2.8% of respondents reported seeing a clothing item with a brand name or logo, 2.5% reported that they received free samples of cigarettes and 0.3% received gifts along with the purchase of cigarettes. Almost 9 of 10 survey respondents (88.8%) reported having noticed some anti-cigarette information during the 30 days before the survey. Most anti-cigarette information was seen on television (85.5%). The anti-cigarette information was seen by slightly more cigarette smokers (91.6%) than nonsmokers (87.6%). Persons with less than a primary education were less likely to notice anti-cigarette information than those with a higher level of education, in all examined media channels. Our findings showed a low prevalence of noticing cigarette marketing, which indicates high compliance with the Turkish law banning such marketing. GATS data provide an in-depth understanding of the level of exposure to pro- and anti-cigarette information in 2008 and they are of practical assistance to those who implement policies to reduce the demand for tobacco. The challenge now is to maintain rigorous enforcement. To do so requires ongoing surveillance to produce data on the effectiveness of the enforcement efforts.

A Bi-level Framework for Understanding Prisoner Victimization

OBJECTIVEs To present and test an opportunity perspective on prison inmate victimization. METHODS Stratified random samples of inmates (n 1 = 5,640) were selected from Ohio and Kentucky prisons (n 2 = 46). Bi-level models of the prevalence of assaults and thefts were estimated. Predictors included indicators of inmate routines/guardianship, target antagonism, and target vulnerability at the individual level, and several indicators of guardianship at the facility level. RESULTS Assaults were more common among inmates with certain routines and characteristics that might have increased their odds of being victimized (e.g., less time spent in recreation; committed violence themselves during incarceration), and higher levels of assaults characterized environments with lower levels of guardianship (e.g., architectural designs with more "blind spots", larger populations, and less rigorous rule enforcement as perceived by correctional officers). Similar findings emerged for thefts in addition to stronger individual level effects in prisons with weaker guardianship (e.g., ethnic group differences in the risk of theft were greater in facilities with larger populations and less rigorous rule enforcement). CONCLUSIONS The study produced evidence favoring a bi-level opportunity perspective of inmate victimization, with some unique differences in the relevance of particular concepts between prison and non-prison contexts. Language: en