57 research outputs found
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The European Court of Justice, transnational health care, and social citizenship – accidental death of a concept?
Telling stories about European Union Health Law: The emergence of a new field of law
The ideational narrative power of law has now solidified, and continues to solidify, ‘European Union health law’, into an entity with a distinctive legal identity. EU health law was previously seen as either non-existent, or so broad as to be meaningless, or as existing only in relations between EU law and health (the ‘and’ approach), or as consisting of a body of barely or loosely connected policy domains (the ‘patchwork’ approach). The process of bringing EU health law into being is a process of narration. The ways in which EU health law is narrated (and continues to be narrated) involve three main groups of actors: the legislature, courts and the academy
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Sendai five years on: reflections on the role of international law in the creation and reduction of disaster risk
This article offers a critical examination of the position of the Sendai Framework for Disaster Risk Reduction 2015-2030 within international law. It is argued that any interrogation into the role of international law must begin not with existing disaster risk reduction (DRR) laws and policies, but rather with an enquiry into the nature of disaster risk and the role of international law in its creation and reduction. It is demonstrated how, while areas such as international human rights law can be utilized to enforce obligations in support of DRR, other areas – in particular international investment law – actively work to undermine DRR efforts. In order for international law to be a productive tool in the reduction of disaster risk international lawyers must engage with critical work in disaster studies in order to explore the role that the former has played – and can play – in creating and addressing hazards, vulnerabilities and capacities
Organizing risk: organization and management theory for the risk society
Risk has become a crucial part of organizing, affecting a wide range of organizations in all sectors. We identify, review and integrate diverse literatures relevant to organizing risk, building on an existing framework that describes how risk is organized in three ‘modes’ – prospectively, in real-time, and retrospectively. We then identify three critical issues in the existing literature: its fragmented nature; its neglect of the tensions associated with each of the modes; and its tendency to assume that the meaning of an object in relation to risk is singular and stable. We provide a series of new insights with regard to each of these issues. First, we develop the concept of a risk cycle that shows how organizations engage with all three modes and transition between them over time. Second, we explain why the tensions have been largely ignored and show how studies using a risk work perspective can provide further insights into them. Third, we develop the concept of risk translation to highlight the ways in the meanings of risks can be transformed and to identify the political consequences of such translations. We conclude the paper with a research agenda to elaborate these insights and ideas further
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Solidarity rights and social welfare in the NHS - Resisting the tide of bioethics?
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Evaluating new health technologies in the English National Health Service
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Who should we treat? Rights, rationing and resources in the NHS. 2nd edition
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