Persons with serious and disabling medical conditions have traveled abroad in search of stem cell treatments in recent years. However, weak or nonexistent oversight systems in some countries provide insufficient patient protections against unproven stem cell treatments, raising concerns about exposure to harm and exploitation. The present article, the first of two, describes and analyzes stem cell tourism in Russia and India and addresses several scientific/medical, ethical, and policy issues raised by the provision of unproven stem cell-based treatments within (...) them. The distinction between treatment based on proven clinical research and "innovative treatment" is addressed and the authors conclude that the innovations at issue constitute neither. Regulatory measures need to be developed or strengthened in accord with internationally accepted standards in such countries to protect those seeking stem cell treatments. (shrink)

Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article the author reviews written and customary norms (...) laid down in documents of various branches of international law, such as international humanitarian law, human rights law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection in times of internal armed conflict. This is to be done in order to gather information about the sufficiency of legal framework on preservation of the environment in times of noninternational armed conflicts. After doing this research, a few possible means to improve current legal framework are suggested. The author suggests to impose civil liability, enact new comprehensive document, initiate changes in international criminal law and other. (shrink)

_Relevance. _The role of internal audit in the entity's governance structure is constantly evolving. For a variety of reasons, internal auditors engage in an in-depth analysis of business processes to help ensure that these processes are working properly and effectively. One reason is that advanced entities expect internal auditors not only to verify compliance with laws and procedures, but also to suggest ways to make internal control more effective. However, often internal auditors in entities do not perform the function they (...) could and should perform. They focus on tax matters, financial statements, and assess compliance with procedures. Internal auditors are sent where problems arise to play the role of auditors to detect errors and report blame. In some entities, internal auditors are separated from business or operational problems, leaving them with the traditional function of verification [Daujotaitė et.al. (2015), Tarptautiniai vidaus audito profesinės praktikos standartai (2004), Rupšys et.al. (2007), Lakis (2017)]._ _ Scientists investigate internal audit from different angles, highlighting issues in the design and implementation stages of internal audit. Recently, the scientific literature has increasingly focused on the quality of internal audit and its evaluation. The collapse of banks also contributed to this, although in 2007 Bank SNORAS Internal Audit Service was awarded the title of "Oldest Internal Audit Service" by the Lithuanian Association of Internal Auditors. Although it is believed that poor quality audit is only due to insufficient qualification and professionalism of the auditor, this view can be negated by the list of factors determining the internal audit environment [Lakis (2007), Lietuvos Respublikos vidaus kontrolės ir vidaus audito įstatymas (2002), Pickett (2011)]. Modern performance and business management tools require employees to change their well-established work habits, but internal audit is still associated with the function of verifier for many managers and internal auditors themselves. The speed of adapting to changes in the environment depends on the success of operations and business, which requires managers to have a modern approach to their internal audit function. _Research aim:_ Identify and evaluate the determinants of the internal audit environment. _Research methods: _Systemic analysis of scientific literature and legislation and questionnaire survey. _Research results and conclusions_: Systematic analysis of the literature suggests that the following key factors exist in the internal audit environment: the legislative environment; regulatory enactments; business practices in the region. The first two factors are otherwise known as legal regulation. It should be noted that there are significant differences in the legal level of audit regulation between external, public and internal auditing. Most of the regulations are for external audit, and least for internal audit. An analysis of the legal literature and regulatory documents on internal audit suggests that only the public sector and, to some extent, commercial banks are required to comply with statutory and regulatory requirements that are binding on them. The activities of private sector internal auditors are not regulated by law, the functions of internal auditors are determined by the managers of the entity in which they work, and the standards are purely advisory. The beginning of the establishment of internal audit in Lithuania is considered to be 1995, when the Board of the Bank of Lithuania approved the Procedure of the Internal Audit Service of Commercial Banks and obligated commercial banks to establish internal audit services. The development of internal audit in the Lithuanian public sector was started only in 2000. In accordance with the 2000 February 7th Government of the Republic of Lithuania resolution no.127 On Internal Audit of State-owned Enterprises and Institutions, internal audit units or positions have been established within public institutions. 2002 January 1st this resolution was replaced by the Republic of Lithuania Law on Internal Control and Internal Audit. International Standards on Internal Auditing that set out the principles for conducting internal auditing are applied worldwide. The standards themselves are fairly generalized, setting only basic requirements and guidelines, as TVAI seeks to have the standards adopted by the widest possible audience. The Internship Regulations provide interpretations and more detailed explanations of the Standards of Professional Practice in Internal Auditing. Standardization and other supporting materials include methodological literature, studies and reviews, books, seminars, conferences and more. A systematic analysis of the literature indicates that sufficient legislation and regulations have been adopted, which has a positive impact on the internal audit environment. In order to assess the impact of business practices in the region on the internal audit environment, a questionnaire survey was conducted among the employees of the entities. It showed that a manager's attitude towards internal audit is strongly influenced by his education. Internal audit is acceptable to higher education managers because they are more open to change and open to change. Educated executives enable the internal auditor to be qualified and understand that internal audit requires an appropriate amount of knowledge. Respondents were also asked about their views on the internal audit process. When employees are not hostile to auditing and evaluating their work, it positively affects the internal audit environment, enabling internal auditors to play the role they would like to have in the company. (shrink)

In sensorimotor integration, representation involves an anticipatory model of the action to be performed. This model integrates efferent signals (motor commands), its reafferent consequences (sensory consequences of an organism’s own motor action), and other afferences (sensory signals) originated by stimuli independent of the action performed. Representation, a form of internal modeling, is invoked to explain the fact that behavior oriented to the achievement of future goals is relatively independent from the immediate environment. Internal modeling explains how a cognitive system achieves (...) its goals despite variations in the environment with insufficient and noisy sensory–perceptual data. In a self that acts intentionally on the environment, knowledge is dependent upon the necessity to guide actions directed toward an aim. The self-inner model, a representation of internal and external environments (including reafferent and afferent messages) and also of the behavior plans and desirable future states (aims) and efferent intentions (motor planning and motor command messages), is intrinsically linked to a thinking capacity, which is supposed to emerge from the binding of multiple influences. Thinking emerges when higher behavior strategies are considered possible and capable of leading to aims or the fulfillment of intentions. In this model, symbolization processes are projective and anticipatory and, in this way, beyond present referents. Symbolization occurs linked to action planning, command, and regulation in mental simulation. Meaning is related to an inner sense of a self that acts over the environment. (shrink)

Much neuroethics literature concludes with a set of normative recommendations. While these recommendations can be a helpful way of summarizing a proposal for a future direction, some have recently argued that ethics scholarship has devoted insufficient attention to considerations of audience and real-world applications. To date, however, while scholars have conducted topic analyses of neuroethics literature, to our knowledge no study has evaluated who neuroethics scholarship addresses and what it recommends. The objective of the present study therefore was to (...) provide a preliminary characterization of recommendations offered in neuroethics scholarship and an assessment of their target audiences. Rather than attempting to demarcate what constitutes “neuroethics scholarship,” we analyzed text that authors’ had self-identified as being neuroethics-related: abstracts presented at the International Neuroethics Society (INS) annual meetings and published as top abstracts in AJOB Neuroscience in the last decade (2011–2020). We found that a majority of abstracts utilized conceptual methods (62.2%) and provided conceptual recommendations (68%). Roughly 77% of all abstracts did not explicitly address a target audience, yet nearly all of these were implicitly directed at other scholars. The remainder specified a target audience of scholars (12.2%), regulators (6.7%), healthcare providers (6.7%) and industry (2.6%). Only a subset of abstracts provided practical or policy recommendations (19.7%). Of those, the majority (61.5%) did not specify a target audience. Among the subset with actionable recommendations, a clarification of target audience may help increase the impact. (shrink)

The field of socio-legal research has encountered three fundamental challenges over the last three decades - it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice (...) as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory's analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century's global societies. (shrink)

Fair resource allocation in humanitarian medicine is gaining in importance and complexity, but remains insufficiently explored. It raises specific issues regarding non-ideal fairness, global solidarity, legitimacy in non-governmental institutions and conflicts of interest. All would benefit from further exploration. We propose that some headway could be made by adapting existing frameworks of procedural fairness for use in humanitarian organizations. Despite the difficulties in applying it to humanitarian medicine, it is possible to partly adapt Daniels and Sabin's ‘Accountability for reasonableness’ to (...) this context. This would require: (1) inclusion of internally explicit decisions and rationales; (2) publicity to donors, local staff, community leaders and governments, as well as frank answers to any beneficiary—or potential beneficiary—who asked for clarification of decisions and their rationale; (3) a consistent reasoning strategy to weigh conflicting views of equity in specific situations; (4) advocacy within the organization as a mechanism for revision and appeals; and (5) internal regulation according to publicly accessible mechanisms. Organizations could generate a common corpus of allocation decisions from which to draw in future similar cases. Importantly, the complexity of these challenges should encourage, rather than hinder, broader discussion on ethical aspects of resource allocation in humanitarian medicine. CiteULike Connotea Del.icio.us What's this? (shrink)

The article analyses the key issues of the legal status of the sole managing body from the perspective of the valid legal regulation, the established case-law and doctrine. The first part of the article analyses the dualism of the manager’s legal status from the perspective of civil law and labour law. The analysis of the latest case-law presented herein shows that the rule of “internal” and “external” relations between the manager and the company formulated in the case-law is applied (...) differently, and the criterion of distinguishing the manager’s as the subject of the labour law and that of the civil law statuses still remains unclear. The authors of the article are of the view that due to insufficient legal regulation in force rules established by the case-law to regulate the manager’s legal status cannot ensure the required legal certainty. Thus, the reform of the manager’s legal regulation is essential. The second part of the article strives to answer the question what legal regulation models exist and what are the main criteria of quality legal regulation. The comparative analysis of the legal status regulation of the sole managing body allows to determine the main available regulation models of the manager’s legal status and to distinguish their advantages and disadvantages. The authors of the article believe that it is necessary to take regard to other states’ practices regulating the relations at issue, however, while creating such legal regulation, the evaluation of economic, cultural and social peculiarities of Lithuania is also required. In search for the most appropriate model of the manager’s legal status, attention should be drawn to the fact that in some aspects the labour law regime is too restrictive (e.g., shareholders cannot recall the manager, who is on maternal leave, and the manager at interim does not have full authority) and uncoordinated with the doctrine of the companies’ law. Moreover, quite a few questions directly related to the issues of the manager’s authority do not fall or only partially fall into the scope of the labour law. On the other hand, the problem of the manager’s legal status involves a broader scope of points of the companies’ law than the dualism of the manager’s status, and a part of these points has already been regulated by the Law on Companies (the agreement conclusion, termination, removal from the register of legal persons, terms of notice). In regard to this, a question can be raised if it not be better to regulate the issues of the manager’s legal status by the provisions of the Law on Companies and not of the Labour Code. It is proposed to create a specific legal regulation of the companies’ law, which could meet the needs of business and match up to the doctrine of the companies’ law, which is already being applied. (shrink)

The regulation of innovation reflects a specific imaginary of the role of governance that makes it external to the field it governs. It is argued that this decision and rule-based view of regulation is insufficient to deal with the inescapable uncertainties that are produced by innovation. In particular, relying on risk-based knowledge as the basis of regulation fails to deal sufficiently both with the problem that innovation ensures the future will not resemble the past, and with (...) the problem that the social priorities that underlie innovation often remain unquestioned. Recently, rights-based frameworks have been defended as principle-based approaches to innovation governance that address the gaps which trouble an understanding of regulation as guided by risk-based decision procedures. An alternative view of governance is defended, based on a concept of care drawn from feminist ethics and other traditions. Care aims, not at justifying punctual decisions, but at transforming institutions and practices, with the goal of creating specific institutional ‘virtues’, and requires the broad and deep participation of publics in shaping innovation. In this way, governance is made internal to innovation. (shrink)

Much health and safety regulation can be understood as the product of political coalitions between two groups. The first, consisting of persons with self-control issues, enlists the government as an intermediary. The second either expects to benefit from the success of the first, or anticipates gains from a tax imposed on the first group’s behavior. A political entrepreneur might plausibly turn these groups’ preferences into law. This public choice perspective on regulation provides a positive explanation of why it (...) is more likely that a legal system will engage in some health and safety programs than in others. The important break from the conventional view of regulation, as something that either controls externalities or is imposed paternalistically, is in advancing the idea that the government is an intermediary deployed by those who want help. Internalities, associated with collective action problems or with time inconsistent preferences, deserve equal billing. The discussion considers smoking regulation and other health and safety regulation, and then contrasts these with anti-obesity efforts where private contracting is a more feasible means of controlling internalities, and where political coalitions are less likely. (shrink)

This article sets out the rationale for a United Nations Regulation for Artificial Intelligence, which is needed to set out the modes of engagement of the organisation when using artificial intelligence technologies in the attainment of its mission. It argues that given the increasing use of artificial intelligence by the United Nations, including in some activities considered high risk by the European Commission, a regulation is urgent. It also contends that rules of engagement for artificial intelligence at the (...) United Nations would support the development of ‘good artificial intelligence’, by giving developers clear pathways for authorisation that would build trust in these technologies. Finally, it argues that an internal regulation would build upon the work in artificial intelligence ethics and best practices already initiated in the organisation that could, like the Brussels Effect, set an important precedent for regulations in other countries. (shrink)

This paper addresses the issue of food security in developing countries and how agriculture plays an important role in achieving not only food security, but also in reducing poverty and promoting sustainable development. The promotion of trade liberalization by the World Trade Organization (WTO) through the Agreement on Agriculture (AoA) has undermined the productive capacity of developing countries and their comparative advantage in the agricultural sector, marginalizing small-scale farmers and benefitting the big corporations. The paper looks at the issue of (...) intellectual property rights that big corporations have for seeds and their effects on small-scale farmers, and how corporate social responsibility (CSR) is insufficient to regulate the dominance of big corporations in the food and agricultural market. The paper is divided into seven sections: trade liberalization and food security, the WTO and the AoA, the effects of the AoA on developing countries, the role of transnational corporations (TNCs) on food security, CSR and TNCs, policy recommendations, and conclusions. (shrink)

This is the account of an ongoing appeal initiated in 2009 by 725 doctors from 43 countries concerning medical complicity with torture in Israel. It has been underpinned by a voluminous and still accumulating evidence base from reputable international and regional human rights organisations, quoted below, and has spanned the terms of office of four World Medical Association presidencies and two UN special rapporteurs on torture. This campaign has been a litmus test of whether international medical codes regarding (...) doctors and torture actually matter, and are applied rigorously and even-handededly, particularly when compelling evidence incriminates a WMA member association. Our findings in the case of Israel suggest that this is not true, and that impunity largely operates. The WMA seems in partisan violation of its mandate to be the official international watchdog on the ethical behaviour of doctors. And as the IMA case demonstrates, by their inaction national medical associations or other regulatory bodies appear to function at base as buttresses and shields of the state. All data relevant to the study are included in the article. (shrink)

The issue of religious freedom while serving a sentence of imprisonment often occupies scientists from around the world. Basically, they agree that a prisoner, regardless of the act for which he or she has been convicted, has the right to religious freedom. Problems are posed, however, by the question of delimiting this freedom, especially at the level of the right to practise a chosen religion during prison isolation. The decisions of international tribunals and national courts are not uniform owing (...) to the generality of the rules governing this issue. The initial research question that we pose is this: how does society perceive the right to religious freedom in prisons? Does a convict have the right to demand respect for the rules of his or her religion regarding diet, clothes, appearance and participation in religious services? We look for answers to these questions in research conducted in Polish society, one that is confronted by international regulations. (shrink)

Businesses interface with the natural world through rights to property. The shape of these rights and the responsibilities we assign to managers are important determinants of both patterns of resource use and pollutant levels. Consequently, conflicts have arisen between regulating bodies, indigenous groups, and corporations over the entitlements of businesses in the use of their property when that property is ecologically sensitive or significant. In this paper I develop an account of the ethical responsibilities of managers regarding their treatment of (...) the environment and their use of natural resources. This account is based on a philosophical examination of the nature of property rights. After a tour of traditional arguments employed to defend the institution of private property, I develop a new conception of property rights over objects that have a high natural resource component. I show that in today’s world, ethical concerns that motivated John Locke will yield property rights that are insufficiently strong to override a democratic say in overall use patterns and must be sensitive to factors such as need, scarcity, and the interests of stakeholders. I show a similar result for utilitarian arguments for property. On this foundation I develop a conception of property in key environmental resources that includes a stewardship element. To embody this, I suggest a set of ethical responsibilities for managers over certain natural resources that springs from it. I argue for obligations restricting harmful use patterns as a way of including the other goals (eg public participation, sustainability) that we care about, in a manner which clashes least with the liberty of owners and the efficiency of production. The outcome is a set of rights and responsibilities that take global environmental interests into account, but preserve the thrust of what is good about the institution of private property: that it rewards labour and facilitates a stable and efficient free exchange system. As a version of private property, it retains many of the advantages of global capitalism while attaching responsibilities to business decision makers. (shrink)

The ethical aspects of placebo control in clinical trials have been extensively and controversially debated in the last decade. However, a thorough analytical comparison of the different existing international regulations, their terminologies and their ethical principles concerning placebo, is still missing. The central issue in the ongoing controversy is the justification of placebo‐use, if proven treatment exists. All present versions of the examined guidelines propose such justifications, but each guideline differs from the others in relevant details. Therefore the conditions (...) justifying placebo‐use according to each guideline are the focus of our attention. We will first propose a formalized general principle that defines the ethical acceptability of placebo‐use. Then we will analyse three categories of conditions put forward by the different documents: the risk of harm or burden, compelling scientific reasons, and the availability of proven treatment. The analysis shows important normative discrepancies and contradictions between the examined guidelines. Especially striking is the fact that some guidelines allow the participants in clinical trials to be exposed to a risk of serious harm, while others do not. Finally, we try to show how the normative difference of each guideline could influence the decision of researchers or IRBs concerning the ethical acceptabililty of placebo‐use. (shrink)

Cell and tissue-based products, such as autologous adult stem cells, are being prescribed by physicians across the world for diseases and illnesses that they have neither been approved for or been demonstrated as safe and effective in formal clinical trials. These doctors often form part of informal transnational networks that exploit differences and similarities in the regulatory systems across geographical contexts. In this paper, we examine the regulatory infrastructure of five geographically diverse but socio-economically comparable countries with the aim of (...) identifying similarities and differences in how these products are regulated and governed within clinical contexts. We find that while there are many subtle technical differences in how these regulations are implemented, they are sufficiently similar that it is difficult to explain why these practices appear more prevalent in some countries and not in others. We conclude with suggestions for how international governance frameworks might be improved to discourage the exploitation of vulnerable patient populations while enabling innovation in the clinical application of cellular therapies. (shrink)

ABSTRACT The ethical aspects of placebo control in clinical trials have been extensively and controversially debated in the last decade. However, a thorough analytical comparison of the different existing international regulations, their terminologies and their ethical principles concerning placebo, is still missing. The central issue in the ongoing controversy is the justification of placebo‐use, if proven treatment exists. All present versions of the examined guidelines propose such justifications, but each guideline differs from the others in relevant details. Therefore the (...) conditions justifying placebo‐use according to each guideline are the focus of our attention. We will first propose a formalized general principle that defines the ethical acceptability of placebo‐use. Then we will analyse three categories of conditions put forward by the different documents: the risk of harm or burden, compelling scientific reasons, and the availability of proven treatment. The analysis shows important normative discrepancies and contradictions between the examined guidelines. Especially striking is the fact that some guidelines allow the participants in clinical trials to be exposed to a risk of serious harm, while others do not. Finally, we try to show how the normative difference of each guideline could influence the decision of researchers or IRBs concerning the ethical acceptabililty of placebo‐use. (shrink)

Different ethical principles conflict in research conducted in emergency research. Clinical care and its development should be based on research. Patients in critical clinical condition are in the greatest need of better medicines. The critical condition of the patient and the absence of a patient representative at the critical time period make it difficult and sometimes impossible to request an informed consent before the beginning of the trial. In an emergency, care decisions must be made in a short period of (...) time, and the more time is wasted, the more the risk of death or severe tissue damage and incapacity increases. Consent requests take time, and so the time period before treatment might put the patient’s life in jeopardy. Not requesting consent before a trial is also contradictory. A person should not be forced to participate in a trial against his or her will. Due to the dark history of medical research previously, international declarations and conventions have set up ethical principles for medical research. They emphasize the autonomy of the research participant—or his or her legal representative—to give a free and informed consent prior to the initiation of research. In the case of a critical emergency, the unconscious state of the patient, the emotional stress of family members or the lack of time to start life-sustaining measures may often restrict the possibilities of communicating with the patient or his/her representative. Therefore, written informed consent is difficult to achieve, and its voluntariness in emergency situations is, at best, open to question. The mortality of patients is high without clinical interventions in emergency research. Random selection of patients is difficult and requires extra work from personnel in the emergency rooms. Recruitment, information and asking for consent may also take time, postpone the initiation of treatment and increase the risk of death and irreversible tissue and organ damage, and therefore be risky for the patient. It is therefore essential that the health care professionals recruiting suitable research participants are well motivated and well trained. Medical research in an emergency setting should always be regarded as an exceptional situation requiring special provisions. Only such research should be done as cannot be done in other conditions. An independent body must approve the research protocol and the ways in which the consent of the participant or proxy are to be sought. In addition, the trial must be expected to result in direct and significant benefit for the research participants. If research without prior consent is not approved, the development of emergency care is threatened. On the other hand, if prior consent is not required, a person could be recruited into a clinical trial against his or her will. Doing good and avoiding harm, and respecting the autonomy of the patient are in conflict in the context of emergency medical research. To develop better medicines for patients experiencing acute medical emergencies, research into such conditions should be allowed. Research participants should have the possibility to participate or refuse to participate in research that may benefit them and other patients. The risk of irreversible damage occurring as the consequence of time delays for seeking consent is unacceptable. A prior wish about participation in clinical trials should be respected, if known. The conditions under which medical research in emergencies can be considered acceptable can be determined and agreed upon nationally and internationally. (shrink)

Emerging technologies such as artificial intelligence, gene editing, nanotechnology, neurotechnology and robotics, which were originally unrelated or separated, are becoming more closely integrated. Consequently, the boundaries between the physical-biological and the cyber-digital worlds are no longer well defined. We argue that this technological convergence has fundamental implications for individuals and societies. Conventional domain-specific governance mechanisms have become ineffective. In this paper we provide an overview of the ethical, societal and policy challenges of technological convergence. Particularly, we scrutinize the adequacy of (...) domain-specific governance mechanisms in the face of such integrated technologies and highlight their growing ineffectiveness. Furthermore, we propose a comprehensive governance framework that is anticipatory, inclusive, and resilient. Central to this framework is the principle of participatory governance, which calls for a proactive engagement of all stakeholders, including those from marginalized and vulnerable populations, ensuring that their voices and concerns shape the trajectory of technological development. The framework emphasizes the need for protective measures that preemptively address potential risks and inequities that may arise from the adoption and integration of emerging technologies. Based on a detailed analysis of case studies and current governance models, we present and discuss a set of ten actionable recommendations. These are designed to facilitate the transition towards a governance approach that not only respects individual autonomy and privacy, but also fosters a collective responsibility towards sustainable and fair technological progress. By placing human dignity, societal welfare and the protection of the most vulnerable at the center of technological innovation, we advocate for a future where convergence is synonymous with progress that is both ethically grounded and universally beneficial. (shrink)

To determine when the life of a human organism begins, Mark T. Brown has developed the somatic integration definition of life. Derived from diagnostic criteria for human death, Brown’s account requires the presence of a life‐regulation internal control system for an entity to be considered a living organism. According to Brown, the earliest point at which a developing human could satisfy this requirement is at the beginning of the fetal stage, and so the embryo is not regarded as a (...) living human organism. This, Brown claims, has significant bioethical implications for both abortion and embryo experimentation. Here, we dispute the cogency of Brown’s derivation. Diagnostic criteria for death are used to determine when an organism irreversibly ceases functioning as an integrated whole, and may vary significantly depending on how developed the organism is. Brown’s definition is derived from a specific definition of death applicable to postnatal human beings, which is insufficient for generating a general definition for human organismal life. We have also examined the bioethical implications of Brown’s view, and have concluded that they are not as significant as he believes. Whether the embryo is classified as a human organism is of peripheral interest—a far more morally relevant question is whether the embryo is a biological individual with an identity that is capable of persisting during development. (shrink)

The debate over international trade has long pitted “free trade” advocates against those who argue that particular reasons support trade restraints. The newest argument is that open trade leads to a “race to the bottom” in the regulation of health, safety, welfare, and especially labor and environmental concerns, harming the nation’s citizens and undermining national sovereignty. One predicate for this argument – that trade increases competitive pressure on domestic industry – is accurate. That, in turn, will raise the (...) cost of some national policies that otherwise would win political approval. But the remainder of the race to the bottom argument rests on assumptions about regulation, the political process, and trade that do not stand up to examination. While responses to increased international competition will vary, the effects of such competition will generally be consistent with any meaningful notion of sovereignty and also will improve national welfare judged by common economic norms.Le débat sur le commerce international a longtemps opposé les défenseurs du libre échange à ceux qui soutiennent qu’il existe des raisons particulières en faveur de barrières à l’échange. L’argument le plus récent est que le libre échange conduit à une course au “nivellement par le bas” au niveau de la réglementation de la santé, de la sécurité, du bienêtre, et plus particulièrement dans les domaines du travail et de l’environnement. Selon ses tenants, elle aurait pour conséquence de léser les citoyens de la nation et d’affaiblir la souveraineté nationale.Un présupposé de cet argument – selon lequel le commerce accroît la pression concurrentielle subie par l’industrie nationale – est fondé. A son tour cela entraînera une augmentation du coût de certaines politiques nationales qui auraient par ailleurs obtenu un assentiment politique.Mais le reste de l’argumentation du nivellement par le bas repose sur des hypothèses à propos de la réglementation, du processus politique, et du commerce qui ne résistent pas à un examen critique.Bien que les réactions à une concurrence internationale accrue varient, les effets d’une telle concurrence seront généralement cohérents avec toute notion pertinente de souveraineté et amélioreront le bien-être national tel que jugé par les normes économiques standard. (shrink)

The normative claims underlying international human rights have international law implica­tions in the context of cetaceans. Legal, ethical, philosophical, and scientific elements can be brought together into a synthetic argument to determine appropriate criteria for affording “cetacean rights.” The ethical underpinning of human rights is a neo-Kantian conception of human dignity. Such dignity is ascribed to humans on account of their rationality, attributed according to certain sufficient criteria. The evidence appears sufficient to make it ethically and legally appropriate (...) to consider a novel international instrument or an adaptation of the existing framework to afford cetaceans “whale rights.”. (shrink)

Deterrence in cyberspace is possible. But it requires an effort to develop a new domain-specific, conceptual, normative, and strategic framework. To be successful, cyber deterrence needs to shift from threatening to prevailing. I argue that by itself, deterrence is insufficient to ensure stability of cyberspace. An international regime of norms regulating state behaviour in cyberspace is necessary to complement cyber deterrence strategies and foster stability. Enforcing this regime requires an authority able to ensure States compliance with the norms (...) at an international level, run investigations into suspected State-run cyber operations to define attribution, expose breaches of the norms, and impose adequate sanctions and punishments. These requirements define a political mandate for an authority that will have a deep impact on international relations and geo-political equilibriums. The UN Security Council has the necessary resources and the political and coercive power to meet these requirements. The time has come to embrace this power to consolidate and enforce an international regime of norms to regulate state behaviour in cyberspace. Problems, mistakes, and even failures are to be expected, but they must not hinder the process. (shrink)

Dieser Beitrag geht von dem Standpunkt aus, daß das menschliche Genom nicht als Privateigentum der jeweils betroffenen Person, sondern als Gemeingut der Menschheit anzusehen ist. Es wird weiter dargestellt, daß die Genomforschung selbst sowie die Anwendung der durch sie entwickelten Handlungsmöglichkeiten sowohl positive als auch negative Aspekte hat. Angesichts ihres Potentials zum Guten wäre es jedoch verfehlt, aufgrund von meist religiös basierten oder kurzsichtigen tutioristischen Bedenken, die nur auf die Möglichkeit eines Mißbrauchs des so erworbenen Wissens ausgerichtet sind, die Forschung (...) selbst oder die Weiterentwicklung und Anwendung des errungenen Wissens vollständig zu unterbinden. Andererseits wäre es jedoch auch verfehlt, auf die Einsicht und den guten Willen der Forscher allein zu bauen, oder gar die Forschung und die Entwicklung des damit verbundenen Wissenstransfers sich selbst steuern zu lassen, da ein solcher Standpunkt das Erbgut der Menschheit der Willkür eines unkontrollierbaren Prozesses aussetzen würde, der allzu leicht den skrupellosen Interessen einer voreingenommenen und nur am eigenen Vorteil interessierten Minderheit anheim fallen könnte. Es wäre daher angemessen, der Forschung klare Grenzen zu setzen und den Wissenstransfer durch entsprechende Regeln strengen Kontrollen zu unterwerfen. Es gäbe hierbei verschiedene Möglichkeiten, angemessene Regeln zu entwickeln und Kontrollen einzuschalten: z.B. durch die koordinierte Entwicklung diesbezüglicher nationaler Gesetze, deren Einhaltung dann den jeweiligen Ländern als nationale Pflicht zukommen würde; durch das Abschließen von internationalen Abkommen, deren Einhaltung von internationalen Gremien überprüft werden könnte; durch die Entwicklung angemessener Regeln seitens der internationalen wissenschaftlichen und medizinischen Gemeinschaft, welche dann die Einhaltung dieser Regeln als Bedingung zur Teilnahme am internationalen wissenschaftlichen Austausch machen könnte; usw. Der vorliegende Beitrag unterwirft diese und ähnliche Vorschläge einer kurzen kritischen Analyse und gelangt zu dem Schluß, daß Regulierung und Kontrolle nur insoweit vertretbar sind, als sie auf ethische Grundprinzipien zurückgeführt werden können und damit auf ethischer Basis beruhen. Die diesbezüglichen ethischen Grundprinzipien werden identifiziert und auf die vorliegende Problematik angewandt. Ferner wird der Schluß nahegelegt, daß eine ethisch basierte Regulierung allein nicht zur angemessenen Kontrolle genügt, sondern daß es auch einer international akkreditierten Instanz bedarf, welche über genügend Mittel verfügt, um die Befolgung dieser ethisch basierten Regeln zu überprüfen und, falls erforderlich, durch angemessene Maßnahmen zu erzwingen. (shrink)

The abrupt climate change thesis suggests that climate passes through threshold transitions, after which change is sudden, runaway and unstoppable. This concurs with recent themes in complexity studies. Data from ice cores indicates that major shifts in global climate regimes have occurred in as little as a decade, and that for most of the span of human existence the climate has oscillated much more violently than it has over the last 10,000 years. This evidence presents enormous challenges for international (...) climate change negotiation and regulation, which has thus far focused on gradual change. It is argued that existing social theoretic engagements with physical agency are insufficiently geared towards dissonant or disastrous physical events. Wagering on the past and future importance of abrupt climate change, the article explores a way of engaging with catastrophic climatic change that stresses the inherent volatility and unpredictability of earth process, and the no-less-inherent vulnerability of the human body. Drawing on Bataille and Derrida, it proposes a way of nestling the issue of environmental justice within a broader sense of immeasurable indebtedness to those humans who endured previous episodes of abrupt climate change, and considers the idea of experimentation and generosity without reserve. (shrink)

One of the most significant economic challenges faced by people with disabilities in Turkey and globally is employment. Unfortunately, even in developed countries, the desired level of employment of the disabled individuals has not yet been measured up. The fundamental rights and freedoms of employment and labor have gained a basis of legitimacy through certain principles within the legal system throughout human history. As a matter of fact, in the main references of Islamic law, the principles of justice, rights, equality (...) of opportunity, merit, anti-discrimination, and social responsibility for all people in general and disabled people in particular have been a reference in the development of employment policies. In this regard, the main objective of Islamic economic policies has been determined as ensuring the happiness of the individual in this world and the hereafter since the early period. The study first includes active and passive employment models developed in modern legal systems. It can be stated in this framework that from the early period, both in the practices of the Prophet Muhammad and the Companions and in the later Islamic societies, institutionalization was provided according to the characteristics of the period in which disabled individuals were actively and passively employed, and it can be stated that the developments regarding the employment of disabled individuals in Islamic societies started much earlier than expected. However, we must admit that legal regulations in the modern sense were introduced later compared to the West. The study focuses on the phenomenon of disability, the problems and needs of the disabled, and the studies on employment in Islamic societies from the past to the present. It is determined that many disabled people in Islamic society are actively employed in state positions ranging from imam to judge, from commander to governor according to their abilities, and the disabled people who cannot be employed are compensated for their disadvantages through passive employment methods such as health, care, housing, salary binding, and tax reduction. Determining the principles of employment of disabled according to Islamic law is the main subject of the study, and it has been established that maslahah, custom, siyasa shar’iyya, merit, and sedd-i zerâi constitute the jurisprudential basis of the employment of the disabled in Islamic law. In this framework, it has been stated that the principle of maslahah plays a key role in the development of social responsibility policies, in resolving issues that are not included in verses and hadiths and furû fiqh acquis, in gaining the economic independence of disabled and ensuring the minimum standard of living. Maslahah is also beneficial for the individual, family, society and the state, too. It has been pointed out that the employment of disabled people has become one of the most significant matters of both national and international legal regulations today, and it has been determined that the employment of disabled people has transformed into customary practices in accordance with the criteria of being a source of Islamic law. In Islamic administrative law, active and passive employment policies, legal regulations, and institutional structures related to disabled are carried out by the authority delegated to public administrators under the siyasa shar'iyya. It has been emphasized that administrative and public service appointments in Islamic law are ordered to be made on the basis of merit, that nepotism and favoritism are prohibited, and that disability is not an obstacle to employment. In conclusion, the insufficiency of studies on employment of people with disabilities in Islamic law has been pointed out and it has been suggested that further studies should be carried out on these subjects and exploitation of disability according to Islamic law should be studied. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:176 HISTORY OF PHILOSOPHY to be accounted for in some way. Goldsmith takes no cognizance of these categorical statements. Secondly, there is no support for Goldsmith's conclusion to be found in Hobbes's comment at the end of De Corpore. A cursory reading of the passage makes it clear that the comments concerning other hypotheses refer only to Part IV of De Corpore and not to the whole system as (...) Goldsmith suggests. Indeed the earlier parts are said to comprise the "theorems" of the systems, and the only way Hobbes suggests they might be found corrigible is if a mistake in deduction has occurred. Finally, Goldsmith pays insufficient attention to Hobbes's account of the process of analysis and sometimes seems to confuse it with the imaginary annihilation of the world which Hobbes uses as an expository device in expounding his concept of space. As Hobbes describes the process it begins with a phenomenal whole which is subjected to continued conceptual analysis until unanalyzable elements are reached. These logically primitive notions are referred to by Hobbes as "the most universal things" and as "first principles" which are "manifest of themselves" or "known to nature" (E. W. I, 69), all of which strongly suggests that they are coguized and not simply posited. Goldsmith mentions these descriptions of Hobbes's first principles in Chapter I, but presents no arguments to justify his abandoning them in favor of "suppositions or assumptions." When Goldsmith moves to Hobbes's political theory, he is on much firmer ground. The sections concerning human nature and natural law are generally excellent, particularly the account in Chapter IV of the relations between the various laws of nature. The treatment throughout this part of the book is exhaustive, although the point of some extended discussions is not very clear. There is a long discursive section in Chapter v on contraetarian thought which seems quite unrelated to anything it follows or precedes. And there are some curious allotments of emphasis. While Hobbes's "economic policy," which is a peripheral matter, is given a section to itself, the concept of obligation, which has been the focus of so much dispute in recent years and which is a central concern, is dealt with only by implication and in passing. In general Goldsmith accepts the traditional interpretation which sees the laws of nature as primarily prudential precepts found out by reason. These precepts are said to be like the "laws" of physics with respect to man's behavior in that they indicate regularities about the world which are ignored at one's own risk. Goldsmith suggests that the possible knowledge of God as a first cause serves only to reinforce man's awareness of the total causal nexus. The laws of nature are, properly speaking, laws only when they become civil regulations under the authority of a sovereign. The final chapter of the book attempts to assess the success of Hobbes's endeavor to create a science of politics by the "test" of its ability to explain the political phenomena of law, religion, and history. This is followed by eight appendices in which various disputes with other interpreters are briefly argued. The book contains an adequate index and a selected bibliography. There is a mistake on page 16, where the reference to De Corpore, Part I, should read Part II. PAUL J. JOHNSON California State College at San Bernardino Jean Chapelain, soixante-dix-sept lettres inddites ~ Nicolas Heinsius. Publi~es...avec une introduction et des notes par Bernard Bray. (La Haye: Martinus Nijhoff, 1966. Pp. wii -t- 467. --~ Archives Internationales d'Histoire des Id~s, 13.) A reviewer must admit at once that Jean Chapelain was no philosopher, that his letters have few general ideas, that a collection of them possesses no a priori right to be reviewed in a journal devoted to the history of philosophy. However, the present volume, edited and annotated by a member of the staff of the University of Utrecht, doctor of letters of BOOK REVIEWS 177 Amsterdam, appears in the series of the International Archives of the History of Ideas, published under the direction of P. Dibon of Nijmegen and R. Popkin of the University of California... (shrink)

_Relevance_. The starting point for embedding CSR as part of the management culture is the vision and values. But first, you need to understand what 'values' means in CSR terms. Companies spend time and effort in creating their mission, vision and values statements, but these are often only from a commercial and internal viewpoint. To achieve CSR values, managers need to take an objective external vie", identifying their various stakeholders, and the company's impacts upon them [1]. Management culture is part (...) of an organizational culture that includes both formal and informal elements of the organizational culture. Management culture reflects the level of the organization’s managerial system development, modernity, efficiency and functionality. It depends on this level how innovations will be implemented in the organization’s management and whether they will be implemented at all, and how effectively the objectives will be solved and the aims will be implemented [2]. Summarizing the results of various research made in different countries, it becomes clear that large companies are not always inclined to coordinate their activities with stakeholders because of their institutional weakness. Research aim: assess the level of cultural and social responsibility of organisational management and discuss their links. Research methods. Analysis of scientific literature, questionnaire survey. Research results. The findings of the research carried out in other countries proved that organizations evaluate not all aspects of corporate social responsibility, and this is influenced by the lack of the employees, as one part of the stakeholders, strong institutional capacity. The quantitative research found that the administration of both groups of companies inadequately evaluate corporate social responsibility activities, there is no feedback guaranteed, there is insufficient care about the relations with employees who are one part of stakeholders, their physical environment and psychological condition. There is no effective internal audit system of social responsibility which should be developed to guarantee feedback, and corporate social responsibility has not become an inseparable part of organizational culture. Having evaluated the weaknesses and the positive trends of management culture and social responsibility characteristics of groups of companies, it should be stated that firstly, management culture expression has influence when aiming for corporate social responsibility; secondly, corporate social responsibility can be regarded as an integral derivative of management culture realized in organizations’ management practice. However, there are also significant differences. There were set personal managerial personnel culture and management knowledge significant amounts of estimates, associated with different approaches to other management work criteria according to which the management culture condition is diagnosed. The clearer dynamics of indicator estimates of the second group of companies leads to the conclusion that the management culture is still being formed, but without clear direction vector. Processes are not clearly focused and uncoordinated. The standards, regulations existing in the second group are not sufficiently linked to the activities practice, so they do not guarantee the optimality of processes, unlike in the first group of companies, where there is a standard peculiar management culture, although the estimates of indicators diagnosing it are not particularly high. In such a situation, the questions of investment in the modernization of management, optimization of working processes remain relevant, unresolved, but the effectiveness of their payoff remains uncertain. Human resources in management policy of both groups of companies are under-estimated; in order to create favorable conditions for their effective use, communication and the interrelationship functionality problems are acute. Organizations (larger problems fixed in the second group of companies) are not adequately prepared to implement corporate social responsibility organization-wide, as management work is not optimally organized, the managerial personnel lacks knowledge and skills working with human resources. Even in the evaluation of formal aspects of corporate social responsibility standards implementation possibilities, the situation existing in groups of companies and organizational abilities of leaders would not allow to realize them systematically and effectively. In this case, corporate social responsibility values would remain more as a declarative form and not the organization’s management culture inseperable part, and a natural, balanced way of functioning of processes based on this philosophy. Though in the second group of companies there is clearer dynamics according to separate management culture parameters, the apparent orientation to modernization of activities shows more open to innovation, in which the elimination of drawbacks and purposeful development can serve the realization of corporate social responsibility more effectively. In both groups of companies the highlighted declarative corporate social responsibility policy trends contradict the actual practice of social responsibility in relations with the organization's internal and external stakeholders. This partly confirms theoretical insights presented in Lithuanian scientific works, which emphasize marketing direction of corporate social responsibility as a general cultural dominant. However, this aspect has not been developed yet in the case of the discussed groups of companies, and the research results lead to the conclusion that organizations lack basic knowledge of corporate social responsibility and motivation to realize them in practice, and the high level of clustering and internal corruption impedes social responsibility transfer to the strategic level. The lack of development of dialogue culture between stakeholders (subjects) became apparent in management culture problem areas and can become a formidable obstacle to the implementation of both individual social responsibility initiatives and installing in complex. This is true in the sense that the organizations do not have universal support from employees, and the procedures are carried out in a superficial manner and have a formal character. Corporate social responsibility is a valuable organization's internal culture category, but this base is not strong enough and balanced. Corporate social responsibility in the activities of both groups of companies (and especially - the first) can be considered still developing and has not taken clear shapes yet. According Hoskins (2006) CSR is a means of developing a management culture. However, the fundamental CSR success factor is that it is a living management process. The strategy needs to be reviewed regularly, and implemented across business units and all CSR components. The delivery of CSR practice is a critical activity. If any of the components are weak, then they detract from the effectiveness of the other components. Like all cultural aspects, CSR is only as strong as its weakest link A CSR management system is essential for CSR to become embedded within the business culture. CSR should not be a separate central activity, but become part of the business process and practice for all business units. (shrink)

The transfer of dual-use technologies, which can be used for both civilian and military applications, has become a critical issue for national and international security. In response, the Strategic Trade Act 2010 (STA 2010) was enacted in Malaysia to regulate the export, transit, and transshipment of strategic items, including dual-use goods and technologies. However, despite its importance, researchers in Malaysia’s Higher Learning Institutions exhibit lack of awareness and understanding of the Act, potentially placing national security at risk through unintended (...) breaches of export control regulations. This study aims to evaluate the knowledge and awareness of the STA 2010 among researchers in Malaysia, focusing specifically on their understanding of tangible and intangible technology transfers (ITT) and the associated risks of dual-use items. Questionnaires were distributed to a purposive sample of researchers, and the data were analyzed using the Rasch Measurement Model to assess levels of knowledge. The results indicate a significant knowledge gap among the research community, with most respondents demonstrating insufficient awareness of STA 2010 provisions, despite the Act being in place for over a decade. These findings highlight the urgent need for targeted educational programs and outreach initiatives to improve compliance and mitigate potential risks. Policymakers and key stakeholders must strengthen efforts to raise awareness and ensure researchers are adequately informed about the legal frameworks governing dual-use technology transfers, thus safeguarding both national and international security. (shrink)

Life in good health and health security prove the most significant values highlighted by moral philosophy in the time of the environmental crisis. The imperfect operation of healthcare poses a threat for humans. Administrative measures regulate insufficiently medicine and healthcare. They need to be backed up by ethics, which cannot be seen solely as ethics of an individual’s conscience. What is needed is professional, practice-oriented and institutionalized-within-healthcare-organizations ethics. Recently, there have appeared a great number of new international documents setting (...) standards of medical procedures in compliance with the requirements of the new bioethical values. At the same time elements of the ethical infrastructure such as bioethics commissions or committees have been created. In the face of the specificity and the complexity of ethical issues and problems encountered within contemporary medical practice the requirement of high ethical competence of all healthcare workers often fails to be sufficient. (shrink)

Patient safety has only recently been subjected to wide-spread systematic study. Healthcare differs from other high risk industries in being more diverse and multi-contextual, and less certain and regulated. Also many patient safety problems are low-frequency events associated with many, varied contributing factors. The subject of this paper is the epistemology of patient safety (the science of the method of finding out about patient safety). Patient safety research is considered here on the background of a risk management framework which requires (...) researchers to: • Understand the context - as a subset of healthcare quality, services and systems research, with technical and human behavioural (cultural) components and a range of external and internal organisational influences, a wide range of research disciplines is necessary • Identify the risks - identify the things that go wrong and the frequency and nature of different types of incidents from sources such as medical record review, observational studies, audit, incident and medico-legal reports • Analyse the risks - deconstruct the things that go wrong, identifying contributing factors and trying to detect trends and patterns in contributing factors, detection, mitigation factors, ameliorating factors and actions taken to reduce risk • Evaluate the risks - decide on priorities, identifying preventive and corrective strategies and judging the risk- and cost-benefit of potential corrective strategies such as standardisation or simplification of a process or device • Manage the risk - evaluate and scope preventive and/or corrective strategies and then implement these, or place the problem on a risk register pending solution, or accept that what is needed is unaffordable • Communicate and consult - use interactive sessions, audit, on-going feedback, reminders and patient mediated prompts • Monitor and review the state of the problem - get baseline trends and patterns so that changes can be tracked and properly attributed to an intervention A hierarchy of levels of evidence has been proposed for clinical research and we argue that insufficient weighting has been given to lower ranked levels of research and to qualitative research, although critical interpretive synthesis is now gaining acceptance in mainstream thinking (e.g. by the Cochrane Collaboration). Fundamental challenges remain including how to grasp the elusive concept of patient safety, how to quantify, characterise and cost the problems, how to judge the extent to which harm can be attributed to errors, violations or system failures, how to identify contributing factors and the extent to which they can be implicated, how to judge whether incidents or their precursors are preventable, how to generate strong evidence to make healthcare safer and how to translate research into practice. Future directions include addressing the mundane as well as rare, dramatic events, and developing further research in non-hospital settings and in developing countries. In summary, a mixture of qualitative and quantitative methods, using information from all available data sources and combining retrospective, real time and prospective study designs, is necessary to address some of the more difficult patient safety problems. (shrink)

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line with the (...) Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

It is unclear what proper remuneration for surrogacy is, since countries disagree and both commercial and altruistic surrogacy have ethical drawbacks. In the presence of cross-border surrogacy, these ethical drawbacks are exacerbated. In this article, we explore what would be ethical remuneration for surrogacy, and suggest regulations for how to ensure this in the international context. A normative ethical analysis of commercial surrogacy is conducted. Various arguments against commercial surrogacy are explored, such as exploitation and commodification of surrogates, reproductive (...) capacities, and the child. We argue that, although commodification and exploitation can occur, these problems are not specific to surrogacy but should be understood in the broader context of an unequal world. Moreover, at least some of these arguments are based on symbolic rhetoric or they lack knowledge of real-world experiences. In line with this critique we argue that commercial surrogacy can be justified, but how and under what circumstances depends on the context. Surrogates should be paid a sufficient amount and regulations should be in order. In this article, the Netherlands and India are case examples of contexts that differ in many respects. In both contexts, surrogacy can be seen as a legitimate form of work, which requires the same wage and safety standards as other forms of labor. Payments for surrogacy need to be high enough to avoid exploitation by underpayment, which can be established by the mechanisms of either minimum wage, or Fair-Trade guidelines. An international treaty governing commercial surrogacy should be in place, and local professional bodies to protect the interests of surrogates should be required. Commercial surrogacy should be permitted across the globe, which would also reduce the need for intended parents to seek surrogacy services abroad. (shrink)

Research regulation is a timely topic for discussions in bioethics and public health policy. This response to articles in the previous special issue of the Monash Bioethics Review emphasises the importance of having both internal and external controls of human experimentation. Unless both elements are incorporated into research ethics governance frameworks, they will ultimately fail to achieve what should be their primary goal: human subject protection.

Nanomaterials are handled in global value chains for many different products, albeit not always recognisable as nanoproducts. The global market for nanomaterials faces an uncertain future, as the international dialogue on regulating nanomaterials is still ongoing and risk assessment data are being collected. At the same time, regulators and civil society organisations complain about a lack of transparency about the presence of nanomaterials on the market. In the project on Sustainable Nanotechnologies, a Decision Support System has been developed, primarily (...) for confidential use by risk and sustainability managers inside a company or consortium. In this article, we formulate a scenario concerning a potential role for an open access decision support system in negotiations on international agreements regulating trade in nanomaterials. The scenario includes design rules for decision support systems as well as procedures for use of such a system in stakeholder dialogue and policy-making on governance of these and other emerging technologies. This article incorporates analysis of results of stakeholder engagement on nanomaterials as well as literature and internet sources suggested by these stakeholders. (shrink)

The article presents the results of the analysis of international legal regulation of the protection of freedom of speech, the right to freedom of expression within the UN and the Council of Europe. A comparative analysis of the definition of the right to express views and beliefs in various international legal acts was made. The case law of the European Court of Human Rights in cases related to the exercise of the right to express one's views and (...) beliefs on the Internet was considered. The analysis of the legislation of foreign countries regulating the right to express views and beliefs online was carried out. The materials of the article are of practical value for scientists and practitioners dealing with the issues of legal regulation of freedom of speech, the right to express views and beliefs, for forecasting and planning scientific research, improving legislation, for higher education teachers in educational activities, as well as for all interested persons. (shrink)

The World Medical Association (WMA), the global representation of the medical profession, first adopted the International Code of Medical Ethics (ICoME) in 1949 to outline the professional duties of physicians to patients, other physicians and health professionals, themselves and society as a whole. The ICoME recently underwent a major 4-year revision process, culminating in its unanimous adoption by the WMA General Assembly in October 2022 in Berlin. This article describes and discusses the ICoME, its revision process, the controversial and (...) uncontroversial issues, and the broad consensus achieved among WMA constituent members, representing over 10 million physicians worldwide. The authors analyse the ICoME, including its response to contemporary changes and challenges like ethical plurality and globalisation, in light of ethical theories and approaches, reaching the conclusion that the document is a good example of international ethical professional self-regulation. (shrink)

The article presents a geographic position of the Arctic. Legal regimes of the Arctic and the Antarctic are compared. In a geographical terms, the Arctic is part of the ocean that is covered by ice, and Antarctic is a continent covered by ice which is surrounded by an ocean. It follows that Arctic should be considered a part of the world’s ocean, which is governed by 1982 UN Convention on the Law of the Sea. Currently, a sectoral regime is established (...) in the Arctic. The article analyzes the views of international law scholars on the issue and shares an opinion of those who criticize sectoral regime of the Arctic as incompatible with international law. Yet, what principles should underpin legal regime of the Arctic? Recent scholarly writings have considered a concept of common heritage of mankind. The article discusses the concept of common heritage of mankind. In the view of the author, this concept can be applied only to specific maritime areas but not to Arctic in its entirety. The article further thoroughly discusses Russia’s practice as regards its claims regarding the continental shelf of the Arctic. Furthermore, it evaluates the grounds of Russia’s policy in the Arctic until 2020 and also examines Russia’s application for extension of continental shelf in the Arctic and the Pacific Oceans. The article ends with conclusions. (shrink)

Clinics and hospitals around the globe are offering stem cell treatments to persons with serious conditions for whom no effective therapies are available in their home countries. Many of these treatments, which are touted as cures for such conditions as Parkinson's and Alzheimer's Diseases, multiple sclerosis, and spinal cord injuries, have not gone through clinical trials that establish their safety and efficacy. Indeed, it is unclear whether some of them even utilize stem cells. State regulation of these therapies tends (...) to be weak or nonexistent in some of the countries in which they are offered. This puts those who believe they must travel abroad for stem cell treatments at risk of injury from procedures that .. (shrink)

The World Health Assembly adopted the new International Health Regulations on May 23, 2005. The new IHR represent the culmination of a decade-long revision process and an historic development for international law and public health. The new IHR appear at a moment when public health, security, and democracy have become intertwined, addressed at the highest levels of government. The United Nations Secretary-General Kofi Annan, for example, identified IHR revision as a priority for moving humanity toward “larger freedom.” This (...) article analyzes the new IHR and their implications for global health and security in the 21st century.The WHA instructed the WHO Director-General to revise the IHR in 1995 because the Regulations did not provide an effective framework for addressing the international spread of disease. Doubts about the IHR's effectiveness had, however, been present long before 1995. The critiques identified the narrow scope of the regulations, the lack of compliance by states, and the absence of a strategy for responding to rapid changes in public health's global economic and technological environments. (shrink)

The current SARS-CoV-2 crisis raises questions about the challenges faced by nation states and international organisations in offering a coordinated international response to the pandemic, and reveals the great vulnerability of European countries, which are implementing lockdown measures and imposing restrictions on international travel, for the most part on a unilateral basis. Such measures run counter to the prevailing approach of the previous two centuries that developed an international public health space. This article examines the measures (...) adopted by European states in order to contain 19th-century cholera pandemics, which took shape through the development of an international maritime quarantine system, based primarily on the implementation of national regulations and local decision-making. This regime was quickly viewed as ineffective and out of step with liberal ideas that urged a “laissez-faire” approach to public health matters. In its stead, a long-term trend developed towards easing quarantine measures. Nation states supported the internationalisation of the fight against pandemics, which chiefly consisted of externalising quarantine measures to the East in order to eliminate them in Europe. This process was based on a subtle dialectical relationship between the construction of an international public health space and the affirmation of state sovereignty, and continued into the 20th century with the progressive creation of international institutions responsible for advancing global health. (shrink)

In his important recent book, Aaron James has defended a principle ? Collective Due Care ? for determining when a form of economic integration is morally objectionable because it causes unjustified harm (including unemployment, wage suppression and diminished working conditions). This essay argues that Collective Due Care would yield implausible judgements about trade practices and would be too indeterminate to play the practical role for which it is intended.