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Several African countries are developing artificial intelligence (AI) strategies and ethics frameworks with the goal of accelerating responsible AI development and adoption. However, many of these governance actions are emerging without consideration for their suitability to local contexts, including whether the proposed policies are feasible to implement and what their impact may be on regulatory outcomes. In response, we suggest that there is a need for more explicit policy learning, by looking at existing governance capabilities and experiences related to algorithms, automation, data, and digital technology in other countries and in adjacent sectors. From such learning, it will be possible to identify where existing capabilities may be adapted or strengthened to address current AI-related opportunities and risks. This paper explores the potential for learning by analysing existing policy and legislation in twelve African countries across three main areas: strategy and multi-stakeholder engagement, human dignity and autonomy, and sector-specific governance. The findings point to a variety of existing capabilities that could be relevant to responsible AI; from existing model management procedures used in banking and air quality assessment to efforts aimed at enhancing public sector skills and transparency around public–private partnerships, and the way in which existing electronic transactions legislation addresses accountability and human oversight. All of these point to the benefit of wider engagement on how existing governance mechanisms are working, and on where AI-specific adjustments or new instruments may be needed.
Uzbekistan's mental health system is undergoing significant reform aimed at improving care and service delivery. This article provides a comprehensive evaluation of the current state of Uzbekistan's mental health system using the WHO 2010 monitoring and evaluation framework. It also details ongoing reforms designed to address systemic issues, enhance mental healthcare and ensure better health outcomes for the population.
Decapod crustaceans, commonly utilised for pure or applied scientific research and commercial food production, have generally remained outside ethical debate. However, in the last decade many parts of the world have seen an increase in public interest in the welfare of decapod crustaceans and statutory legal protection has been introduced in several countries. Although still limited to a small number of countries and remaining relatively unharmonised, relevant legislation could be increasingly broadened to include decapods in further jurisdictions. Much existing legislation, originally intended for protecting terrestrial vertebrates during scientific study, might be unsuitable for aquatic invertebrates such as decapods. Indeed, precedence with many fish species and cephalopods suggests detail is lacking with respect to fundamental guidance. Therefore, similar inclusion of decapods into such legislation could make welfare or scientific goals more challenging to achieve unless relevant guidance is available, particularly to animal care practitioners. This horizon paper aims to summarise existing decapod legislation, and the considerations required should decapods be included in current conceptual frameworks and scientific legislation.
This chapter explores rules on compensation that are peculiar to cases involving personal injury or death. The wrongful act is usually a tort, but it may also be a breach of contract1 or a statutory wrong. It is assumed that the claim is not excluded by statute; some exclusions are mentioned. This chapter does not discuss rules on compensation that apply to personal injury as well as other types of harm. Those rules are discussed in Part 1 and in the other chapters of Part 2. Furthermore, this chapter, like the rest of Part 2, is concerned only with ‘normal’ compensation. Aggravated damages, which may be awarded in cases of personal injury (and other cases), are discussed in Ch 15.
Several disciplines, such as economics, law, and political science, emphasize the importance of legislative quality, namely well-written legislation. Low-quality legislation cannot be easily implemented because the texts create interpretation problems. To measure the quality of legal texts, we use information from the syntactic and lexical features of their language and apply these measures to a dataset of European Union legislation that contains detailed information on its transposition and decision-making process. We find that syntactic complexity and vagueness are negatively related to member states’ compliance with legislation. The finding on vagueness is robust to controlling for member states’ preferences, administrative resources, length of texts, and discretion. However, the results for syntactic complexity are less robust.
Comparing ancient societies allows us to observe the variety of relationships that prevailed between states — in different forms and at different scales — and their complex legal environments. This chapter explores five dimensions of this relationship. First, we examine the capacity of law to shape state power. While constitutional law, strictly speaking, was comparatively rare in the ancient world, we can yet observe various ways in which law, law-like practices and other cultural norms operated collectively to both empower and constrain the state. The second and third parts of the chapter look at the inverse relationship: state power over law and legal practice in the form of legislative powers and jurisdiction, respectively. In the fourth part, we turn from ideational aspects of state law to the structure of state legal systems themselves, particularly in the context of private or non-state legal practices. Here we focus on those domains of law in which the state was most intimately engaged, what was left to non-state actors and the engagements between both across a sometimes indistinct boundary. The final part of the chapter explores the role of law in legitimizing state power.
We are experiencing the effects of the triple planetary crisis—climate change, loss of nature, and pollution—aggravated by plastic pollution. Despite widespread global awareness of the adverse effects of plastic pollution, its ongoing increase remains persistent, with an annual increase in plastic consumption and incorrect disposal contributing to this serious problem. In 2022, 175 nations agreed to begin negotiations by the end of 2024 on a binding international agreement to control the life cycle of plastics, including preventing marine pollution. To ensure the efficacy of the Global Plastics Treaty for mitigating plastic pollution, the extensive participation of researchers is imperative. The literature focuses on efforts in line with ongoing negotiations. In this study, a systematic review of the Global Plastics Treaty was conducted. The analyzed literature mainly focuses on the adverse effects of plastic pollution, legislation, governance, and the economy. The resulting comprehensive overview of the subject can support ongoing negotiations and guide future research about the Global Plastics Treaty.
Chapter 6 is the second of three chapters concerned with the institutional development of the gacaca courts, their formation and deformation. In conjunction, these chapters chart the transition from legalism to lawfare in post-genocide Rwanda, one of two explanatory pathways traced in the book. By carefully dissecting the temporally and spatially embedded mechanisms and processes by which elites of the Rwandan Patriotic Front maneuvered to create modified arrangements of things past, these chapters excavate the microfoundations of the authoritarian rule of law in Rwanda. This chapter foregrounds the legislative foundations of the gacaca project. Along with the next chapter, it gives a detailed account of the economy and ingenuity with which Rwanda’s new rulers devised and waged the strategy of lawfare. What it also makes clear, however, is that the deformation of Rwandas gacaca courts – their violent legalization – was not an inevitable outcome.
This chapter discusses how governments and supernational institutions have tried to tackle misinformation through laws and regulations. Some countries have adopted new legislation making the spread or creation of misinformation illegal; this has often been met with criticism by human rights organizations, for instance, because governments cannot act as neutral arbiters of truth. The UK and EU have adopted expansive regulatory frameworks that regulate not only misinformation but rather the online information space in its entirety. The United States is generally wary of any new legislation that imposes limits on speech, and doesn’t currently have legislative initiatives that are as broad in scope as those in the UK and EU. Instead, some entities in the US have tried out investing in communications campaigns about mis- and disinformation; these are aimed at individuals (and not companies or misinformation producers), and their effectiveness is evaluated in a very different way.
The first substantive chapter addresses the structural problem facing wine farmers at the Cape. Much like in France, there was a serious problem of overproduction of wines of indifferent quality leading to unstable prices. The chapter details the struggle between wine merchants and farmers, which led to the constitution of the Koöperatieve Wynbouwers Vereniging van Suid-Afrika (KWV) in 1918. It shows how the KWV successfully lobbied the Smuts government for devolved regulatory powers that enabled it to control the pricing for distilling wines from 1924. At the same time, the chapter shows that the market was constrained by low consumption amongst whites, including the Afrikaner wine farming community itself. This was compounded by the efforts of the Women’s Christian Temperance Union (WCTU) and its allies in the South African Temperance Alliance (SATA) to pursue local option for whites and a form of temperance for the black population. The former failed, but the passage of the 1928 Liquor Act prevented the majority of the population from purchasing wine or brandy. Hence the victory of the KWV over the merchants was tempered by the legislative success of the temperance movement.
With the introduction of wine to the Cape Colony, it became associated locally with social extremes: with the material trappings of privilege and taste, on the one side, and the stark realities of human bondage, on the other. By examining the history of Cape wine, Paul Nugent offers a detailed history of how, in South Africa, race has shaped patterns of consumption. The book takes us through the Liquor Act of 1928, which restricted access along racial lines, intervention to address overproduction from the 1960s, and then latterly, in the wake of the fall of the Apartheid regime, deregulation in the 1990s and South Africa's re-entry into global markets. We see how the industry struggled to embrace Black Economic Empowerment, environmental diversity and the consumer market. This book is an essential read for those interested in the history of wine, and how it intersects with both South African and global history.
The mass gathering event (MGE) industry is growing globally, including in countries such as Canada. MGEs have been associated with a greater prevalence of injury and illness when compared with daily life events, despite most participants having few comorbidities. As such, adequate health, safety, and emergency medical planning is required. However, there is no single entity regulating these concerns for MGEs, resulting in the responsibility for health planning lying with event organizers. This study aims to compare the legislative requirements for MGE medical response systems in the 13 provinces and territories of Canada.
Methods:
This study is a cross-sectional descriptive analysis of Canadian legislation. Lists of publicly available legislative requirements were obtained by means of the emergency medical services directors and Health Ministries. Descriptive statistics were performed to compare legislation.
Results:
Of the 13 provinces and territories, 10 responded. For the missing 3, a law library review confirmed the absence of specific legislation. Most (n = 6; 60%) provinces and territories referred to provisions in their Public Health laws. Four confirmed that MGE medical response was a municipal or local concern to be addressed by the event organizers.
Conclusions:
No provinces could list specific legislation guiding safety, health, and medical response for an MGE.
The COVID-19 pandemic spurred legal and policy attacks against foundational public health authorities. Act for Public Health — a partnership of public health law organizations — has tracked legislative activity since January 2021. This article describes that activity, highlighting 2023 bills primarily related to vaccine requirements and policy innovations undertaken in the wake of the pandemic. Finally, we preview a legal framework for more equitable and effective public health authority.
A deluge of state “anti-equity” legislative bills seek to reverse prevailing trends in diversity, equity, and inclusion; withdraw protections of LGBTQ+ communities; and deny access to gender-based care for trans minors and adults. While the political and constitutional fate of these acts is undetermined, profound impacts on patients and their providers are already affecting the delivery of health care and public health services.
We explore the changes in central government administration due to European Union (EU) membership and its consequences for policy outcomes and economic efficiency in Finland and Sweden. Both countries became members of the EU in 1995. Upon joining the union, member states are expected to adopt common legislation and are encouraged to develop similar rule-making procedures. The actual implementation of EU directives varies considerably between member states, however. This is also the case for Finland and Sweden. Despite the two Nordic countries for historical reasons having had similar government systems, upon becoming members of the EU, they started to diverge. Using a model of delegation and comparing the more centralized Finnish system with the decentralized institutional setup in Sweden, we show that the Swedish approach leads to a stricter than optimal environmental policy, which in turn makes EU policy non-optimal from a global point of view, ceteris paribus. We also provide empirical support for our findings in the form of some example cases. We focus on environmental policy since this is an area that has been high on the EU agenda.
This article considers, summarises, and analyses the merits of various arguments regarding options for regulating (or not regulating) ‘gig work’, concluding with observations about currently proposed legislation. There is a strong argument for regulating gig work. Many workers are vulnerable, and many of the arguments against any form or regulation – in terms of innovation, productivity, employment, or the inevitability of this trend – lack merit. Current definitions of employment, indeed current labour law, are not adequate and many, but not all, gig workers are like employees in terms of the control exercised over them. However, treating gig workers as employees would encounter several problems. The outcomes would be uncertain. Not all would be covered. Many gig workers would be opposed (despite wanting protection). The gig firms could render such legislation ineffective, or alternatively succeed in mobilising opposition, almost ensuring such legislation would be revoked at the next change of government. Regulating gig work as a form of contracting is a viable alternative. It has the potential to attract support from gig workers themselves, undermining opposition by the gig firms, and attract support from some parts of capital. The New South Wales experience shows us that regulation of gig work as contracting is feasible and politically sustainable. Despite limitations, the ‘Closing the Loopholes’ Bill provides a sustainable model for regulating and protecting many ‘gig economy’ workers. It is time to envisage labour law as something that extends not just to employees but to many contractors as well.
The Government of the Islamic Republic of Afghanistan (GIRoA), in power during 2002–2021, initiated the process of instituting community-based forest governance and building local capacity for natural resource management. These efforts coincided with the presence of international security forces and the mobilization of civil society organizations, and they were in response to community aspirations to protect and restore often degraded local forests. Legislation was passed to enable forest protection and management, including a provision to encourage participatory management by local community user groups organized as Forest Management Associations (FMAs). By the end of the GIRoA era, c. 20 registered FMAs were operating with c. 400 others in various stages of development across Afghanistan. Our analysis of relevant policy documents revealed that the policy framework developed during the GIRoA era scores favourably on the ideal criteria for community-based resource management. Despite the change in political administration with the inception of the current Islamic Emirate of Afghanistan regime, the influence of the GIRoA era serves as a starting point and may have enduring influences on rural communities in Afghanistan and the natural resources that support them. Anecdotal evidence suggests that community-based forest management may persist under the current national leadership despite international isolation and funding constraints. The model developed in Afghanistan may be relevant to other fragile states, especially in contexts where rural forest-dependent communities have strong local institutions, such as shuras, and where forests are not prone to heavy extraction pressure.
Chapter 4 focuses primarily on the French colonial administration’s enactment of and measures to enforce legislation aimed at regulating tutelle. It argues that legislation failed due to disregard for the laws enacted in 1857 and 1862 that the colonial administration adopted to regulate and oversee guardianship by providing a legal framework for the process of liberating minors brought to Saint-Louis after 1848 and by outlining the state’s responsibility in finding suitable placements for them. Negligence and poor record-keeping on the part of French authorities led Camille Guy, the French Governor of Senegal, to declare that the management of tutelle was scandalous in 1904 when he discovered the gravity of the damage that has been done for decades. The chapter analyzes the Act of 1862, which officially abolished the Conseilles de Tutelle, whose functions were henceforth carried out exclusively by the Procureur Général. Drawing on data from the Liberations Registers and other sources, the chapter ends with the impact on tutelle stemming from active slave trading that occurred between the 1860s and the 1880s in areas of Senegal where it was still legal, the movement of enslaved people into urban Senegal, and the pick-up in liberations in the 1880s.
Chapter 6 deals with twentieth-century legislation of tutelle in response to earlier legislative failures, revelations about the lack of supervision, abuse of minors, and the disregard for French laws governing slavery and slave trading, all of which led to the crisis of 1903 and 1904.. It begins with the central legislative question in 1903 which revolved around contravention of the 1831 law which prohibited the purchase or selling of slaves. The question was whether the law applied to slave trading in Africa. Were French citizens engaging in outright slave trading or doing so under the guise of rachat? Revelations and judgments rendered in court cases at the time led to state intervention that gave rise to calls for censuses of liberated minors and rigorous accountability of guardianship. The chapter analyzes prominent cases of slave trading and their ramifications. It explores Governor Guy’s Act of 1903, which attempted to regulate guardianship effectively following his complaint that the redemption of minors was a subterfuge for slavery. The chapter offers an assessment of the clashes between leading French officials and ends with the replacement of the Procureur Général by the Secretaire Général as the primary administrator of guardianship.
Edited by
Lewis Ayres, University of Durham and Australian Catholic University, Melbourne,Michael W. Champion, Australian Catholic University, Melbourne,Matthew R. Crawford, Australian Catholic University, Melbourne
This chapter examines the ideological, political, and cultural significance of law in the East Roman empire in the ‘Age of Justinian’. It argues that imperial legislation was at the forefront of the political struggles and debates that characterised the era and suggests that knowledge of the law circulated much more rapidly and widely than has often been supposed, even reaching elements of the peasantry. The evidence for the circulation and dissemination of legal knowledge, it is suggested, raises important issues concerning the possible circulation and dissemination of political and religious ideas amongst non-elite strata of East Roman society at this time, and thus may be important for how we think about the broader reception of religious and doctrinal disputes.