Delegation of Obligations and Responsibility

Part 6: Policy Compliance and ObligationsInternational audienceIn this paper, we discuss the issue of responsibilities related to the fulfillment and the violation of obligations. We propose to formally define the different aspects of responsibility, namely causal responsibility, functional responsibility, liability as well as sanctions, and to examine how delegation influences these concepts. Our main aim is to identify the responsibility of each agent that is involved in the delegation of obligations. More precisely, we try to answer to the following questions: who is responsible for the obligation fulfillment? When a violation occurs, which agents are causally responsible for this violation? Who is liable for this violation and to whom? And finally, who must be sanctioned

A Pragmatic Paradox Inherent in Expert Reports Addressed to Lay Citizens

This paper addresses a problem inherent in reporting as a mode of communication between experts and lay citizens. The potential utility of such reports is obvious, but we commonly encounter critically debilitating frustration as experts, trained to address and to be accountable to other experts, attempt to report to citizens engaged in public decision making with proper regard for their own autonomy. We may move toward some resolution to these frustrations if we better understand the obligations inherent in the ordinary communicative act of reporting, which by its nature involves a delegation of responsibility

Human rights limitations: clarifying the emerging obligations of business

The United Nations recognises that businesses have responsibility for human rights and there are ongoing negotiations that may lead to the adoption of legally binding framework to ascribe human rights obligations to businesses. The present study considers that ascribing human rights obligations to businesses raises the corresponding need to clarify whether human rights limitations could be factored into their obligations. In contribution to the clarification of this issue, this thesis examines two requirements for permissible limitation of human rights, namely, the concepts of ‘law’ and ‘legitimate aims’. It undertakes a legal analysis of these concepts in terms of whether within the specific context of business, they might respectively include (i) rules that are generated by businesses themselves and (ii) the core interests of businesses as grounds for human rights limitations. It shows how the doctrine of private delegation explains the disposition of businesses to generate rules that may serve as valid bases for human rights limitations and finally proposes the core interests of businesses that may also have to be prioritised as the ‘equivalents’ of legitimate grounds for human rights limitations in business contexts

Safe Harbor for Officer Reliance: Comparing the Approaches of the Model Business Corporation Act and Delaware’s General Corporation Law

Balotti and Shaner discuss the duties of and potential for imposing liability on corporate officers. The fiduciary duties of officers is addressed, in differing degrees, under Delaware law, the law frequently applied to corporate-governance disputes, and under the Model Business Corporation Act (MBCA). In discharging their fiduciary duties, directors under both the MBCA and the General Corporation Law are generally protected from personal liability if, in making business decisions, they reasonably rely on the reports and records of officers, employees, advisors, and experts of the corporation

The Globalization of Health and Safety Standards: Delegation of Regulatory Authority in the SPS Agreement of the 1994 Agreement Establishing the World Trade Organization

Buthe examines why states delegated regulatory authority in the Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures, an integral part of the founding treaty of the World Trade Organization (WTO). Buthe argues that, to explain this case of international delegation, principal-agent theory must be complemented by an analysis of cost-benefit calculations of the relevant domestic interest groups. Given these domestic interests, governments decided to institutionalize international cooperation on SPS measures outside of the WTO because they believed that such delegation would minimize the political costs of the loss of policymaking autonomy. Buthe notes, however, that in retrospect it appears that the widespread positive association of international standards with multilateralism and international consensus led many countries to underestimate those autonomy losses. Material and ideational factors thus interacted to shape the definition of national interests and the outcome of international delegation

Tanggungjawab Perawat terhadap Pasien dalam Pelimpahan Kewenangan Dokter Kepada Perawat

Legally Indonesia has the legal regulation of health and professions related to health . Along with the development of more advanced medical world , the processes and mechanisms of health care also increased from various aspects . So that not a few who have problems or contrary to law . Based on these problems , the thesis is to formulate three formulation of the problem , namely : first , the responsibility of nurses to patients in the delegation of authority of doctors to nurses , second , the mechanism of transfer of authority of doctors to nurses , third , the extent to which medical action limits of delegated authority doctors to nursesThis type of research can be classified into types of juridical empirical research , because in this study the authors conducted research literature study and discussions with academic experts and field practitioners .data sources used , the primary data , secondary data and data tertiary , technical data collectors in this study with interviews , and literature.From the research, there are three main issues that can be inferred , the first responsibility of nurses to patients in the delegation of authority of doctors to nurses is on the giver command " Article 1365 Civil Code " . Second , the mechanism of transfer of authority of doctors to nurses in writing , third , limit the authority delegated medical acts doctors to nurses located on professional ethics , professional standards and the role and functions of each profession . Suggestions author , socialization government against statutory provisions and professional health should be better again , make the Indonesian people aware of their rights and obligations in health care and affirmative action against against any violation of the law

Correspondence between the Clean Clothes Campaign and the FIFA

CCC_Corespondence_between_the_Clean_Clothes_Campaign_and_the_FIFA.pdf: 39 downloads, before Oct. 1, 2020