European Journal of Risk Regulation最新文献_第5页

Air Pollution as a Whole: The Court of Justice Strengthens Environmental Standards in the Ambient Air Quality Directive over Contrasting Industrial Emissions Directive Derogations 整体空气污染：法院加强《环境空气质量指令》中的环境标准而非相互矛盾的《工业排放指令》例外规定

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-02-29 DOI: 10.1017/err.2024.6

Walter Bruno

引用次数: 0

“More than Words”: A Legal Approach to the Risks of Commercial Chatbots Powered by Generative Artificial Intelligence "不只是语言从法律角度看人工智能商业聊天机器人的风险

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-02-29 DOI: 10.1017/err.2024.4

Sara Migliorini

引用次数: 0

Assessing the quality of European Impact Assessments 评估欧洲影响评估的质量

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-02-19 DOI: 10.1017/err.2023.83

Diana-Maria Danciu, Laura Martens, Wim Marneffe

引用次数: 0

Transnational Narratives and Regulation of GMO Risks by G.C. Leonelli, Oxford, Hart Publishing, 2021, ISBN 9781509937387, 328 pp. 转基因生物风险的跨国叙述与监管》，G.C. Leonelli 著，牛津，哈特出版社，2021 年，国际标准书号 9781509937387，328 页。

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-02-08 DOI: 10.1017/err.2024.2

Mary Dobbs

引用次数: 0

Transnational Narratives and Regulation of GMO Risks by G.C. Leonelli, Oxford, Hart Publishing, 2021, ISBN 9781509937387, 328 pp. 转基因生物风险的跨国叙述与监管》，G.C. Leonelli 著，牛津，哈特出版社，2021 年，国际标准书号 9781509937387，328 页。

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-02-08 DOI: 10.1017/err.2024.2

Mary Dobbs

引用次数: 0

The Magnificent Seven: Exemption, Relief, Equivalence, Recognition, Substitution, Deference, Trust – Reducing Regulatory Duplication and Frictions in the Cross-Border Supply of Financial Services 华丽七重奏：豁免、救济、等同、承认、替代、尊重、信任--减少跨境金融服务供应中的监管重复和摩擦

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-01-02 DOI: 10.1017/err.2023.70

Jonathan R.M. Foster

{"title":"The Magnificent Seven: Exemption, Relief, Equivalence, Recognition, Substitution, Deference, Trust – Reducing Regulatory Duplication and Frictions in the Cross-Border Supply of Financial Services","authors":"Jonathan R.M. Foster","doi":"10.1017/err.2023.70","DOIUrl":"https://doi.org/10.1017/err.2023.70","url":null,"abstract":"A financial services supplier authorised in its home state that wishes to supply services cross-border into another state will, absent any relief, have in addition to meet the regulatory requirements of that host state to trade in it. Regulatory frictions including duplicative regulatory requirements are barriers to cross-border trade. This article considers certain techniques deployed to reduce such barriers, noting that trust plays a part in many of them. These techniques grant relief to incoming firms from obligations to comply with the regulatory requirements of a host state. They may take the form of unilateral arrangements, with or without any conditions. There may be assessments of equivalence as a basis for relief from compliance with the host state’s rules: deference to the home state’s regime, a basis for recognition, whether unilateral or mutual. Recognition may be given effect through a party’s domestic laws or in international law under the General Agreement on Trade in Services (GATS) Article VII. A GATS Article VII agreement can relieve regulatory frictions in the financial services sector alone as there is no requirement for “substantial sectoral coverage” as required for regional trade agreements under GATS Article V. Mutual recognition agreements for financial services in international law are, however, few in number.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139077540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Political Institutions and Long-Term Policymaking: How Parliamentary Future Committees Can Make a Difference 政治体制与长期决策：议会未来委员会如何发挥作用

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-01-02 DOI: 10.1017/err.2023.85

Vesa Koskimaa, Tapio Raunio

{"title":"Political Institutions and Long-Term Policymaking: How Parliamentary Future Committees Can Make a Difference","authors":"Vesa Koskimaa, Tapio Raunio","doi":"10.1017/err.2023.85","DOIUrl":"https://doi.org/10.1017/err.2023.85","url":null,"abstract":"Responding to the need to make democratic governance more anticipatory, during recent decades parliaments have increasingly made efforts to involve elected legislators directly in addressing future risks and envisioning long-term developments. At the level of general democratic-institutional principles, engaging legislators in national-level foresight is expected to enhance the general legitimacy of future-regarding policymaking almost automatically by broadening the scope of democratic actors involved in policy work. However, even the basic mechanisms through which the impact of legislature-based foresight activities could traverse to policymaking remain largely uncharted and unknown. To develop a preliminary framework for detecting and comparing such mechanisms, we draw from the experiences of the most institutionalised and influential legislature-based foresight unit, the Committee for the Future in the Finnish Eduskunta. We extract three general mechanisms through which parliamentary future committees could make a valuable contribution to national-level strategic foresight: (1) they can improve the quality of future-regarding policymaking by broadening and consolidating national foresight “ecosystems”; (2) they can strengthen the transparency and accountability of the foresight work of political executives; and (3) they can enhance the legitimacy of anticipatory governance by connecting broader democratic publics to foresight work through more inclusive participatory processes.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139077797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Protecting Future People’s Future: How to Operationalise Present People’s Unfulfilled Promises to Future Generations 保护后代人的未来：如何落实当代人对后代人未兑现的承诺

IF 2.9

European Journal of Risk Regulation Pub Date : 2024-01-02 DOI: 10.1017/err.2023.86

Alberto Alemanno

{"title":"Protecting Future People’s Future: How to Operationalise Present People’s Unfulfilled Promises to Future Generations","authors":"Alberto Alemanno","doi":"10.1017/err.2023.86","DOIUrl":"https://doi.org/10.1017/err.2023.86","url":null,"abstract":"As societies become more concerned with their impacts on future generations, the question of how to translate that concern into greater consideration in contemporary decision-making is coming to the fore. Despite growing societal acceptance of the ethics of obligations to the future – as reflected in record-high number of future-sensitive constitutions and international treaties – present generations’ promises to future generations remain unfulfilled. This article explains why and offers an alternative approach to future-proofing. After providing a systematic account of the multiple efforts at aligning the actions of decision-makers with the interests of future generations, it argues that achieving the inclusion of future generations’ interests in contemporary policymaking requires more than their legal codification and the establishment of new and typically scattered institutions, mechanisms and procedures. It rather calls for a more holistic, future-orientated and proactive approach by all public authorities. These must increasingly be expected to create the conditions not only for policymakers to consider the temporal dimension of their decisions, but also for all stakeholders – including new dedicated institutions – to hold present people accountable to currently non-existent future generations. To do so beyond the environment and climate space is a matter of urgency. This is the spirit animating this Special Issue devoted to long-term risks and future generations: to nurture a more imaginative theorisation and operationalisation of the recognition of future generations’ interests in contemporary policymaking beyond today’s institutional and conceptual models.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139077857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Regulatory “Reliance” in Global Trade Governance 全球贸易治理中的监管 "依赖

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-12-28 DOI: 10.1017/err.2023.73

Andrew Lang

{"title":"Regulatory “Reliance” in Global Trade Governance","authors":"Andrew Lang","doi":"10.1017/err.2023.73","DOIUrl":"https://doi.org/10.1017/err.2023.73","url":null,"abstract":"One of the most significant recent trends in global trade governance has been the increasing use of regulatory “reliance” arrangements as a significant element of trade alliances. Against this backdrop, an important set of questions are raised about how existing institutions of global trade governance – especially the World Trade Organization and international regulatory standards organisations – should respond. To what extent, and how, should such institutions facilitate reliance arrangements? And what role can they usefully play in overseeing and guiding their use? This paper begins to answer these questions through a focused case study of regulatory reliance in the agrifood sector. Four challenges are identified regarding the implementation of such arrangements: the high costs of establishment and maintenance; the lack of agreed and reliable assessment methodologies; the potential for arbitrary discrimination between trade partners; and the difficulties of dealing with regulatory change over time. In light of these challenges, the paper assesses the work of existing international organisations in governing reliance arrangements in the agrifood sector. The paper concludes with a number of preliminary suggestions as to how this architecture of global governance might be supplemented or harnessed to address some of the challenges posed by reliance arrangements.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139051273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Disciplining Health Regulations through the World Trade Organization’s Agreement on the Application of Sanitary and Phytosanitary Measures: Science and the Rule of Law 通过世界贸易组织《动植物卫生检疫措施应用协定》约束卫生法规：科学与法治

IF 2.9

European Journal of Risk Regulation Pub Date : 2023-12-22 DOI: 10.1017/err.2023.84

Denise Prévost

{"title":"Disciplining Health Regulations through the World Trade Organization’s Agreement on the Application of Sanitary and Phytosanitary Measures: Science and the Rule of Law","authors":"Denise Prévost","doi":"10.1017/err.2023.84","DOIUrl":"https://doi.org/10.1017/err.2023.84","url":null,"abstract":"\u0000 The World Trade Organization’s (WTO) Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) disciplines WTO Members’ health regulations to prevent their misuse for protectionist purposes. In doing so, its obligations reflect several elements of the rule of law, including legal certainty, non-arbitrariness and non-discrimination, as well as a recognition of the rights of individuals. Through its obligations of non-discrimination, transparency and scientific justification and the scope it leaves for Members to prioritise the protection of health over trade liberalisation, the SPS Agreement can be regarded as entailing a rule-of-law approach. However, cognisant of the limits to the rule of law when transposed to the international level, it is important to avoid an overly “judicialised” approach to the disciplines of the SPS Agreement, and in particular its reliance on scientific justification to prevent arbitrariness in sanitary and phytosanitary regulation. Otherwise, there is a risk of intruding too far into the regulatory autonomy of States, weakening the “compliance pull” of the agreement and thus inadvertently undermining the rule of law in this area. An approach that instead recognises the inherent subjectivity and uncertainty in science and respects Members’ divergent priorities in health regulation would go further in engendering support for the rules-based system of international trade.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138947382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0