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"LEGAL ACTIONS"
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Seeking Climate Justice in the European Court of Human Rights: Reflections on the Duarte Agostinho Case
The increasing recognition of the individual as the ultimate subject of law has facilitated the articulation of this international subjectivity into legal capacity. Although not automatically conferred, such locus standi allows individuals to bring forward complaints before regional human rights courts and United Nations quasi-judicial bodies. These legal mechanisms, particularly when employed strategically, provide recourse for addressing urgent environmental and climate justice concerns, compelling States to confront their responsibilities. The article explores the potential of such mechanisms to challenge legal norms and contribute to climate accountability, with a focus on the ECtHR Duarte Agostinho and Others v. Portugal and 32 Others judgment. Through this case, the paper examines how individuals leverage international legal avenues to demand action on climate change and environmental degradation. In meeting this research goal, the article begins by tracing the historical development of the individual's status in international law, then delves into the definition of strategic litigation and the shifting perception regarding court victory v. defeat dichotomy. To conclude, the case study assesses individual's effective capacity to influence environmental and climate change outcomes through the international legal system, regarding the courtroom as a means rather an end in itself.
Journal Article
Media Freedom in the European Union: Regulations for Abusive Legal Actions and the Lack of Transparency in the Allocation of Public Money
The market for media services and the journalism profession are under constant external pressure. Economic challenges, state interventionism, and threats to media independence put journalists under great pressure. The safety of journalists and transparency in the distribution of public money are pressing issues, and the idea for this study was inspired by two legislative proposals from the European Commission, which contain regulations that can help strengthen media freedom in the European Union. Following the adoption of the Directive on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (“Strategic lawsuits against public participation”), journalists targeted by abusive legal actions aimed at silencing them can benefit from a series of procedural measures and safeguards, and the European Media Freedom Act contains a series of rules designed to protect the independence, pluralism and proper functioning of the media, including recommendations on the fair allocation of state advertising.
Journal Article
Public wrongs, private actions
Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US
eBook
The accounting profession's influence on academe: South African evidence
Purpose
– This paper aims to examine the influence of academics who are members of the profession on academic institutions.
Design/methodology/approach
– An analytic autoethnography of the influence of accounting academics who are members of the profession on South African universities, supported by publicly available information, such as policy and other documents, web sites, and published material; documentation the authors are able to gather as participants; and formal and informal interviews the authors conduct with academic managers.
Findings
– The paper finds that profession-identifying academics create and maintain rules and structures within academe, rules and structures that suit the profession. Managers who are members of the profession identify more closely with the profession than with their university. The analysis reveals the mechanics of this influence, as well as the consequences.
Originality/value
– The paper contributes to theory by synthesizing the creation of profession-inspired institutions framework and the maintenance of an institutions framework into a single framework. It also applies the theory by providing an example of a profession creating and maintaining institutionalization in an adjacent institution. The findings have implications for academia in cases where academic staff members are members of professional bodies, such as engineering and law faculties. The insights highlighted here may also be of interest to Australasian, UK and US accounting academics, because the literature contains evidence of pressures from professional bodies there.
Journal Article
Nurses’ Decisions to Press Charges Against Hypothetical Patients Who Exhibit Violent Behavior
Background: Patients are the most frequent perpetrators of physical violence against nurses. In the United States, most states have established laws designating assault against nurses a felony, or serious crime. It is unknown what reasons nurses have for pressing charges or not pressing charges against patients. Purpose: The purpose of this study was to examine nurses’ decisions regarding pressing charges when patients exhibit violent behavior. Methods: This study used a mixed-method, cross-sectional, descriptive design. Three unfolding case studies were presented in an electronic survey. Twelve versions of the survey were randomly assigned to participants. Each described an adolescent, adult, and geriatric patient. The narrative descriptions were identical, but the visual representations of the patients differed. Results: A total of 499 nurses from seven hospitals in the western United States responded. Most nurses indicated that they would not press charges against any of the hypothetical patients. An injury occurring and an assumption of intentionality contributed to nurses’ decisions to press charges. Participants were more likely to press charges against the adolescent and adult patients than the geriatric patient. The hypothetical adolescent and geriatric patients were more likely to have charges pressed against them if presented as female than if presented as male. The hypothetical adult patient was more likely to have charges pressed against them if presented as white than if presented as black. Conclusions: There is no consensus regarding when a nurse ought to pursue legal action against a patient who exhibits violent behavior. In addition to the presence of injury and the assumption of intentionality, it is possible that implicit bias may also play a role in these decisions. More investigation into this is needed.
Journal Article
Targets of misconduct probe launch a legal counterattack
Heart researchers claim inquiry damaged their careers and derailed the sale of stem cell company. An unusual lawsuit filed last month sheds light on a scientific misconduct investigation into a prominent cardiac stem cell lab. Two researchers at Brigham and Women's Hospital (BWH) in Boston, an affiliate of Harvard Medical School, are suing Harvard and BWH over what they claim is a \"procedurally and legally flawed\" misconduct probe that wrongfully damaged their careers. The plaintiffs, principal investigator Piero Anversa and Annarosa Leri, an associate professor at Harvard, acknowledge that there were manipulated and fabricated data in two papers they co-authored, first called into question last spring. But they blame the problems on another member of the lab. The suit raises thorny questions about who bears responsibility for misconduct and how a university should preserve the reputations of scientists in a lab that's under investigation.
Journal Article
Towards a global hub
Purpose - The paper aims to examine significant developments in the institutional framework for dispute resolution in the Islamic finance industry in Malaysia. Malaysia, as part of its efforts to consolidate its enviable Islamic finance industry, has strengthened its institutional framework for dispute resolution. Design/methodology/approach - Data for this study were collected from both primary and secondary legal sources. Through a conceptual legal analysis, the institutional frameworks of dispute resolution in the Malaysia's Islamic finance industry are studied. Findings - The study finds that Malaysia is far ahead of other jurisdictions by a significant margin in spearheading reforms in the emerging global Islamic finance industry. The dispute resolution framework has been largely affected by the recent reforms. Research limitations/implications - Other jurisdictions may borrow a leaf from Malaysia's initiative in providing a robust legal framework for dispute management in the Islamic finance industry. Practical implications - Apart from adopting Malaysia's framework and possibly adapting it to suit their specific local variations, other jurisdictions may also encourage Islamic financial institutions to incorporate effective dispute resolution processes in Islamic finance contracts. Originality value - This study critically discussed most recent developments in the institutional framework on dispute resolution in the Islamic finance industry in Malaysia.
Journal Article
Scientometric Analysis and Combined Density-Equalizing Mapping of Environmental Tobacco Smoke (ETS) Research
Passive exposure to environmental tobacco smoke (ETS) is estimated to exert a major burden of disease. Currently, numerous countries have taken legal actions to protect the population against ETS. Numerous studies have been conducted in this field. Therefore, scientometric methods should be used to analyze the accumulated data since there is no such approach available so far.
A combination of scientometric methods and novel visualizing procedures were used, including density-equalizing mapping and radar charting techniques. 6,580 ETS-related studies published between 1900 and 2008 were identified in the ISI database. Using different scientometric approaches, a continuous increase of both quantitative and qualitative parameters was found. The combination with density-equalizing calculations demonstrated a leading position of the United States (2,959 items published) in terms of quantitative research activities. Charting techniques demonstrated that there are numerous bi- and multilateral networks between different countries and institutions in this field. Again, a leading position of American institutions was found.
This is the first comprehensive scientometric analysis of data on global scientific activities in the field of environmental tobacco smoke research. The present findings can be used as a benchmark for funding allocation processes.
Journal Article
Strategy for energy efficient reconstruction of residential low-rise buildings
Significant percent of population live in low-rise residential buildings. Energy efficiency of new houses is embodied in national regulations; proves on adequate energy performance represent the prerequisite for construction permit obtaining. Achieving energy efficiency in existing low-rise residential building, on the other hand, is more complex and problematic. By reviewing existing legal framework and taking into account the state on field, this paper aims to propose new methodology for energy performance improvement in existing low-rise residential sector (on the example of Montenegro and Serbia) . Proposed problem solution is oriented towards both the additional legal actions and deeper understanding of social and economic impacts as barriers to energy efficiency achievement.
Journal Article