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What does Chinese law have to say about people who are involved in sex work and the places where it occurs? Prostitution control is a universal problem for which states have adopted a variety of policies to address the public order, public health, and commercial challenges that it presents. This chapter describes that range of regulatory possibilities. It then explains the official choices that China has made, through discussions of the policing, health, and taxation rules and institutions that the People’s Republic of China (PRC) has adopted to regulate prostitution.
Traditionally, corruption is seen as a rational pursuit of profit, focusing on personal gain. However, this view overlooks other influences. This paper focuses on the behavioral aspects of corruption, providing a deeper understanding of its complexities, and addressing the factors overlooked by conventional approaches. Reviewing some of the literature, we highlight how researchers have approached corruption from the perspective of behavioral sciences. Additionally, we examine how the emerging discipline of Behavioral Public Policy (BPP) employs innovative methods to reduce corrupt practices, offering new strategies that transcend traditional perspectives. Our paper innovates by demonstrating how corruption can be reduced by substituting traditional regulations with nonregulatory tools like nudges and sludge audits, or by leveraging digital choice architectures to minimize human-to-human interactions, known corruption enablers. By reducing regulations and administrative red tape, and introducing digital frameworks, these tools simplify processes minimizing opportunities for corrupt behavior. In this paper, we aim to infuse corruption research with a behavioral twist, a digital approach, and a deregulatory perspective, offering policymakers an alternative path to foster transparency, accountability and ethical governance. While this approach will not completely eradicate corruption, it strives to show how BPP can reduce its occurrences.
President Biden’s first-day memo “Modernizing Regulatory Review” directs the Office of Management and Budget to “propose procedures that take into account the distributional consequences of regulations… to ensure that regulatory initiatives appropriately benefit and do not inappropriately burden disadvantaged, vulnerable, or marginalized communities.” This paper makes two contributions. First, it discusses how economic analysis can transparently provide the information needed to make value-judgments about what distributional effects are appropriate and inappropriate. Second, it discusses the distributional consequences of regulations that are either designed to reduce internalities or might have the additional benefit of reducing internalities. Examples include tobacco product regulations, appliance energy efficiency standards, and automobile fuel efficiency standards. In many cases, the regulations will increase the prices or decrease the availability of goods that disadvantaged consumers prefer. This paper discussed how to determine whether restricting their consumption opportunities creates net benefits or net costs for disadvantaged consumers. Inframarginal consumers who do not change their consumption face higher opportunity costs but do not receive any benefits from reduced internalities. Empirical challenges include the need to quantify the fraction of inframarginal consumers and the size of the internalities.
This chapter considers the circumstances when EU law provisions can be invoked in national courts. The doctrine of direct effect enables an EU law provision to be invoked in a national court when it grants entitlements to individual parties in a sufficiently precise way. Directly effective provisions of the EU Treaties and Regulations can be invoked against both the State and private actors. By contrast, directly effective provisions of Directives can only be invoked against the State. The doctrine of indirect effects requires any national law or procedure to be interpreted so far as possible to comply with all EU law. However, this cannot be done if the interpretation would contradict the wording of the national law or aggravate criminal liability. The doctrine of State liability allows individuals to sue the State for damages for breach of an EU law which grants them individual rights in a number of circumstances: if the State has failed to transpose a Directive, it has not complied with an order of the Court of Justice, it has failed to follow settled case law of that court or it breaches a clear provision of EU law.
Gervase of Canterbury gives a detailed account of the fire that ravaged Canterbury Cathedral in the 1170s, after which an excerpt from the fire regulations published in 1212 in London after another major fire in the city is included. Building and repairs are exemplified by documents recording work done at WIndsor Castle and Westminster Abbey, as well as the accounts of payment made for repair to the clock on Westminster Palace, now replaced by Big Ben. Finally a contract is included between a builder and the authorities at St. Paul’s regarding the building of a large merchant’s house in the City of London, with details as to the plan of the house and the sourcing of the materials.
The Great Depression introduced doubts in the minds of many about the virtue of a free market economy. The absence of safety nets, at a time when unemployment had reached 25–30 percent, created major difficulties. The need for redistribution and stabilization was felt by many. The changes in the structure of the economies had facilitated tax collection. The new environment led to welfare states with high and growing progressive taxes, high levels of social spending and growing power by labor unions. For a while harmony between the roles of government and state seemed to grow. Then difficulties would begin to appear and to grow over time and this would set the stage for a counterrevolution in later years. Slow growth and growing inflation starting in the late 1960s and continuing in the 1970s would increase the reaction to the welfare policies and to the great power that labor unions had acquired. There would be increasing calls for a return to a growing role by the free market.
Hard cider is a sector of a maturing craft beverage industry that continues to experience growth in the United States. Cider is also experiencing challenges, however, such as competition from other alcohol markets, changing consumer preferences, the supply chain, and inflationary pressures. National policy changes may help promote more optimal outcomes for this sector, but public support is important to policy formation. This study uses survey data from a best-worst scaling experiment of consumers in four leading cider-producing states (Michigan, Washington, Wisconsin, and Vermont) to understand preferences toward ten broad cider policy initiatives. The results of multinomial logistic modeling reveal that consumers prefer policies mandating ingredients, nutrition facts, and allergen labeling across all ciders. The least preferred policy initiatives include allowing producers to use vintage on labeling and funding regional cider development. These results have important implications for stakeholders across the industry, including the benefits of labeling disclosures in marketing and the need to improve public awareness of barriers to cider industry development.
The effect of individual governmental drug policies and regulations has, in many cases, been the main driving force behind the direction the opioid epidemic has taken in the United States and many countries around the world. Unfortunately these policies have sometimes had dramatically different effects than were initially intended. Changes in policy which allowed for increased availability of opioid medications had the unintended consequence of widespread opioid addiction and overdose deaths. Policies which aimed to crack down on the diversion of these medications from legitimate medical use resulted in the spike in heroin use as those people who were now addicted to opioids had to turn elsewhere. As demand for heroin surged, so too did manufacturing and sales, and as law enforcement targeted illicit heroin trafficking, cartels turned to the more potent and easier to hide synthetic opioids such as fentanyl and carfentanil. It seems that every governmental policy change or new regulation intended to stop the opioid epidemic is met with a creative solution by the people profiting to keep the opioid trade open.
The distinct operational characteristics of military aircraft, relative to civil aircraft, have impeded the standardisation of airworthiness management practice across Europe. Standardisation has been further deterred by the intertwined certification and qualification activities specific to military aircraft. The management of airworthiness in European military aviation has undergone significant changes over the past 15 years, with the progress made attributed to the harmonisation efforts driven by the European Defence Agency (EDA). The creation of a Military Airworthiness Authorities Forum and the development of the European Military Airworthiness Requirements (EMAR) have been instrumental in creating a more homogenous regulatory landscape. The examples of five main players of the European aerospace sector, namely France, Italy, Germany, Spain and the United Kingdom, are examined from the point of view of adoption and implementation of an EMARs-based system. Their regulatory structures have revealed similarities and primary differences. The EMAR’s framework has enabled a gradual build-up of technical knowhow within the European countries who embraced this, civil-based, framework. All five countries have adopted EMARs, though through a variety of regulatory constructs. Their regulatory structures exhibit diverse practices, especially in how initial and continuing airworthiness is managed. Some countries have also elected to have more than one authority overseeing/been responsible for airworthiness. Closer collaboration between national Military Aviation Authorities (MAAs) can be achieved through standardisation at regulatory structure level. The establishment of a joint MAAs may be the next logical step in the harmonisation process, in line with EDA objective’ for a EU-wide authority with greater powers.
Recent revisions to the US Federal Common Rule governing human studies funded or conducted by the federal government require the provision of a “concise and focused” key information (KI) section in informed consent forms (ICFs). We performed a systematic study to characterize KI sections of ICFs for federally funded trials available on ClinicalTrials.gov.
Methods:
We downloaded ICFs posted on ClinicalTrials.gov for treatment trials initiated on or after the revised Common Rule effective date. Trial records (n = 102) were assessed by intervention type, study phase, recruitment status, and enrollment size. The ICFs and their KI sections, if present, were characterized by page length, word count, readability, topic, and formatting elements.
Results:
Of the 102 trial records, 76 had identifiable KI sections that were, on average, 10% of the total length of full ICF documents. KI readability grade level was not notably different from other sections of ICFs. Most KI sections were distinguished by section headers and included lists but contained few other formatting elements. Most KI sections included a subset of topics consistent with the basic elements of informed consent specified in the Common Rule.
Conclusion:
Many of the KI sections in the study sample aligned with practices suggested in the preamble to the revised Common Rule. Further, our results suggest that some KI sections were tailored in study-specific ways. Nevertheless, guidelines on how to write concise and comprehensible KI sections would improve the utility and readability of KI sections.
Dairy cows are usually culled and transported from the farm when they no longer meet the farm’s standards for production or are not needed for milk production. Some cows are transported while in poor condition and may deteriorate further during transport. In February 2020, Canadian federal animal transport regulations were revised with the aim to minimise risks to livestock during transport; changes that may impact cull dairy cows included defining compromised cattle and limiting their maximum transport time. This study conducted semi-structured interviews with dairy farmers (n = 6) and cattle haulers (n = 4) in British Columbia, Canada, to gain an in-depth understanding of the effect of the regulations on their practices when shipping and transporting dairy cows to slaughter. Interviews were transcribed in Otter.ai and thematically coded in NVivo 12. While farmer and hauler participants recognised the importance of animal welfare during transport and described practices such as shipping mobile animals to reduce the risk that cows would become non-ambulatory during transport, they also described little change in shipping and transport practices due to the new regulations. Among interviewed participants, barriers to compliance with the regulations appear to be low knowledge of, and mixed or negative attitudes towards the regulations. Participants also described how they felt a lack of communication along the transport chain and limited transport and slaughter infrastructure made compliance difficult. Possible suggestions to remedy these barriers include providing educational resources about the regulations and encouraging communication about cow fitness for transport between responsible parties in the transport chain.
To provide an update on the compliance to the Na reduction regulation (R.214) and to highlight some challenges and successes experienced by South Africa in the implementation of a mandatory Na regulation.
Design:
The study design was observational. Nutritional information of packaged food (specified in the R.214 regulation) was collected between February 2019 and September 2020, before and after the implementation date of the final Na targets in the regulation. Six supermarket chains that accounted for more than 50 % of the grocery retailer market share in South Africa were included. The Na content (per 100 g) of products was extracted from photographs. Products were classified according to the thirteen food categories included in R.214. The percentage of targeted food categories that met the pre and post-regulation targets as well as the percentage by which Na limits were exceeded was calculated.
Setting:
Low-and-middle-income suburbs in Cape Town, South Africa.
Participants:
N/A.
Results:
A total number of 3278 products were analysed. After the final implementation date, none of the categories targeted by the R.214 regulation fully complied. However, nine out of the thirteen food categories targeted by R.214 were above the 70 % compliance mark.
Conclusions:
The compliance to R.214 in South Africa is good, although not 100 % compliant. This research also highlights the complexities regarding the monitoring and evaluation of a national regulation. Findings from the current study could aid by providing valuable information to countries in the process of implementing a Na reduction strategy.
Chapter 5 takes a deep dive into the history of US agrochemical regulation in order to show that innovative companies were a major force behind the adoption of institutions that required the precautionary reevaluation of existing products, in opposition to generic producers who stood to lose out from such institutions. Using an original dataset that tracks changes to US agrochemical regulations over a two decade period, the chapter then provides evidence that in the wake of these institutions’ implementation, regulations have become stricter on older, less profitable products over time for reasons that cannot be attributed to health, safety, or obsolescence alone. In addition, the chapter provides evidence that the mechanism behind this outcome is not the political power of producers but rather their ability to leverage their information advantages under a regulatory regime in which products are subject to precautionary reevaluations.
Companies’ social and environmental performance has not kept pace with rising pressure for greater contributions to social and environmental improvements. Much of the this pressure comes from nonmarket stakeholders – the environmental groups, community activists, governments, and other actors who engage with companies in a variety of venues to improve their environmental performance. Much of companies’ engagement with these stakeholders involves creating and managing various types of formal and informal institutions. Effective institutions can mitigate collective action problems among companies and their stakeholders, leading to sustainable environmental improvements.
Animal well-being issues are addressed by the United States Department of Agriculture (USDA) through a variety of agencies and in various formats. Most farmers are good stewards of their animals and will raise them according to societal demands as supported by market choices. Management standards that are perceived to improve upon current practices are being demanded of farmers by buyers of animal products, including corporate restaurant chains and groceries. Professional organisations, USDA, and university representatives, help to address well-being issues and help to create and evaluate standards. The USDA provides leadership in several cooperative programs involving activists and industry, coordinates certification programs, and provides liaisons to multi-state university research committees. A USDA Animal Well-Being Work Group facilitates communications among agency personnel. The USDA developed the Animal Welfare Issues Compendium, a national animal well-being symposium, and cooperates with industry, activists and universities on projects. The USDA provides grant funds for projects that are encouraged to include a component on animal well-being. Special grant funds from Congress have resulted in educational and research projects that complement existing USDA national research and educational initiatives. Regulatory commitments by USDA include the enforcement of the Animal Welfare Act and the Humane Methods of Slaughter Act.
Cage space requirements for non-human primates in the United States of America are less than those in European countries. Studies in support of the assumption that the US legal minimum cage size provides adequate space have limited value because they only tested cages without structural enhancement. It is not surprising that non-human primates cannot be animated to be more active or to behave in more species-typical manners by only providing them with extra barren space. Explicitly stipulating that all cages have to be equipped with properly installed, elevated structures appropriate to each species and age category would make the US standards more adequate. Such structures would no longer restrict the caged primate to an unnatural, permanent terrestrial lifestyle but would allow the animal to make use of the arboreal, ‘safe’ dimension to which she/he is biologically adapted. Minimal height requirements will have to be upgraded in the US to accommodate these ethological considerations.
Various animal welfare assurance programs are being used to encourage or require the adoption of animal welfare standards in food production, and to assure the public that such standards are followed. The programs involve five main formats. Non-mandatory codes/guidelines are relatively easy to institute and appear well-supported by the industry, but provide only minimal assurance to the public unless measures are taken to ensure compliance. Programs based on government regulations and inter-governmental agreements are more challenging to institute; they are likely to generate less industry acceptance, but may provide more public confidence if enforcement is adequate. Product differentiation programs, and retailer policies requiring products to meet certain standards, serve a range of functions; these may generate public confidence but only for products covered. The various programs include several types of requirements. Requirements that are designed to maintain animal health and functioning have a widely accepted scientific basis, are often easy to incorporate into existing production systems, and often provide economic benefits, but do not fully address public concerns over animal welfare in some cultures. Requirements that address pain, distress and other affective states, and those that accommodate certain natural behaviour, have a growing but less traditional scientific rationale and appear likely to generate public confidence; however, they sometimes require significant changes to existing practices. Requirements for more natural surroundings (outdoor, free-range) seem to generate public confidence, but appear most likely to increase costs, least likely to be supported by the existing industry, and may involve trade-offs with productivity and with other aspects of animal welfare. The various formats and requirements provide a range of policy options for addressing animal welfare concerns in different cultural, industry and market contexts.
Although there is still some debate regarding whether fish have the capacity to feel pain, recent scientific research seems to support the notion that fish can indeed suffer. However, the continued scientific discourse has led to questions regarding how members of the public perceive issues of pain and welfare in fish. A questionnaire was developed and randomly distributed to 700 members of the general public in New Zealand. Questionnaires gathered basic demographic information, information regarding respondents’ participation in and opinions on angling practice, and opinions about fish welfare and pain. The response rate was 62.4% (437/700). The primary aim of the study was to assess public concerns for the impact of catch-and-release angling (CRA) on the welfare of fish. Most respondents indicated a belief that fish are capable of feeling some pain although older respondents scored the capacity of fish to feel pain lower than younger respondents. Likewise, most respondents believed that CRA causes pain and compromises survival in fish. Principle Component Analysis identified two major components within responses. These were: i) importance placed on good fishing techniques; and ii) concern for pain and survival of fish. Female respondents showed more concern about angling practices and their impact on pain and survival of fish than male respondents. Respondents who participate in CRA and considered it acceptable showed less concern for pain and survival in fish than both respondents who do not participate and those who considered CRA unacceptable. The majority of respondents considered angling an acceptable pastime (65%; 284/435) but also indicated support for the introduction of guidelines and regulations to improve fish welfare in the future (76.4%; 334/434). Those respondents that did not believe regulations were necessary provided statistically lower importance scores for both pain and survival in fish and good angling practices than respondents that did. Education about good angling practices may provide the best route by which fish welfare can be improved.
Legal protection of the welfare of prenatal animals has not previously been addressed as a discrete subject within the academic literature on animal welfare, ethics and law. This paper aims to rectify this by reviewing the protections (or absence of protections) provided for fetuses by existing legislation in various jurisdictions, and considering the extent to which legal protection of animal fetuses can be justified on animal welfare grounds. Questions related to the need to protect the welfare of neurologically immature postnatal animals are also considered. We argue that there are reasons to protect animal fetuses, both in order to protect fetuses themselves against possible suffering, and in order to protect the animals which fetuses will become against negative welfare impacts that originate prenatally. We review the science on whether fetuses can suffer, and argue that extant regulations do not fully reflect current scientific understanding. Following the precautionary principle, we further argue that regulators should consider the possibility that fetuses and neurologically immature postnatal animals may suffer due to sub-cortically based ‘raw basic affects’ (ie relatively undifferentiated experiences of discomfort suggested to be generated by neural processing at levels below the cerebral cortex). Furthermore, we show that there are reasons for affording fetuses protection in order to safeguard the long-term welfare of future animals. However, it may be possible to provide such protection via rules or laws relating to the use of certain techniques and the management of pregnant animals, rather than via direct legal protection of fetuses themselves. In order to provide such protection effectively we need to know more about the relationship between maternal nutrition, stress, exercise, management and fetal health, and about the impact of the timing of a fetal insult on long-term postnatal welfare.